46862 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

comment period on this action. Any shown in FOR FURTHER INFORMATION SUPPLEMENTARY INFORMATION: parties interested in commenting must CONTACT by September 16, 2013. Executive Summary do so at this time. Please note that if Public meeting: We will hold a public EPA receives adverse comment on an meeting on this proposed rule on Why we need to publish a rule. Under amendment, paragraph, or section of August 22, 2013, in Reno, NV, from 4:00 the Endangered Species Act, any species this rule and if that provision may be to 6:00 p.m. People needing reasonable that is determined to be endangered or severed from the remainder of the rule, accommodations in order to attend and threatened requires critical habitat to be EPA may adopt as final those provisions participate in the public hearing should designated, to the maximum extent of the rule that are not the subject of an contact Jeannie Stafford, Nevada Fish prudent and determinable. Designations adverse comment. See the information and Wildlife Office, as soon as possible and revisions of critical habitat can be provided in the Direct Final action of (see FOR FURTHER INFORMATION CONTACT). completed only by issuing a rule. This rule consists of: A proposed rule the same title which is located in the ADDRESSES: You may submit comments for designation of critical habitat for Rules and Regulations section of this by one of the following methods: Federal Register. (1) Electronically: Go to the Federal Ivesia webberi. This rule proposes designation of critical habitat necessary Authority: 42 U.S.C. 7401 et seq. eRulemaking Portal: http:// www.regulations.gov. In the Search box, for the conservation of the species. Dated: July 16, 2013. Under this rule, we are proposing to enter FWS–R8–ES–2013–0080, which is designate a total of 2,011 acres (ac) (814 Judith Wong, the docket number for this rulemaking. hectares (ha)) for Ivesia webberi within Acting Regional Administrator, Region 8. You may submit a comment by clicking Plumas, Lassen, and Sierra Counties in [FR Doc. 2013–18440 Filed 8–1–13; 8:45 am] on ‘‘Comment Now!.’’ northeastern California and Washoe and BILLING CODE 6560–50–P (2) By hard copy: Submit by U.S. mail Douglas Counties in northwestern or hand-delivery to: Public Comments Nevada. We are proposing to list Ivesia Processing, Attn: FWS–R8–ES–2013– webberi as a threatened species in a 0080; Division of Policy and Directives DEPARTMENT OF THE INTERIOR separate rule published elsewhere in Management; U.S. Fish and Wildlife today’s Federal Register. Fish and Wildlife Service Service; 4401 N. Fairfax Drive, MS The basis for our action. Under the 2042–PDM; Arlington, VA 22203. Endangered Species Act, any species We request that you send comments 50 CFR Part 17 that is determined to be a threatened or only by the methods described above. endangered species shall, to the [FWS–R8–ES–2013–0080; 4500030113] We will post all comments on http:// maximum extent prudent and www.regulations.gov. This generally RIN 1018–AZ57 determinable, have habitat designated means that we will post any personal that is considered to be critical habitat. information you provide us (see the Endangered and Threatened Wildlife Section 4(b)(2) of the Act states that the Information Requested section below for and Plants; Designation of Critical Secretary shall designate and make more information). Habitat for Ivesia webberi (Webber’s revisions to critical habitat on the basis Public meeting: The public meeting ivesia) of the best available scientific data after will be held at the U.S. Department of taking into consideration the economic the Interior Building, Great Basin AGENCY: Fish and Wildlife Service, impact, national security impact, and Conference Room, 1340 Financial Blvd., Interior. any other relevant impact of specifying Reno, NV 89502. ACTION: Proposed rule. any particular area as critical habitat. Details of units: The coordinates or The Secretary may exclude an area from plot points or both from which the maps SUMMARY: We, the U.S. Fish and critical habitat if he determines that the are generated are included in the Wildlife Service (Service), propose to benefits of such exclusion outweigh the administrative record for this critical designate critical habitat for the Ivesia benefits of specifying such area as part habitat designation and are available at webberi (Webber’s ivesia) under the of the critical habitat, unless he (http://www.fws.gov/nevada/), Endangered Species Act (Act). In total, determines, based on the best scientific www.regulations.gov at Docket No. approximately 2,011 acres (814 data available, that the failure to FWS–R8–ES–2013–0080, and at the hectares) in Plumas, Lassen, and Sierra designate such area as critical habitat Nevada Fish and Wildlife Office (see Counties in northeastern California and will result in the extinction of the FOR FURTHER INFORMATION CONTACT). Washoe and Douglas Counties in species. northwestern Nevada fall within the Any additional tools or supporting We are preparing an economic boundaries of the proposed critical information that we may develop for analysis of the proposed designation of habitat designation. If we finalize this this critical habitat designation will also critical habitat. In order to consider rule as proposed, it would extend the be available at the Fish and Wildlife economic impacts, we are preparing an Act’s protections to this species’ critical Service Web site and Field Office set out analysis of the economic impacts of the habitat. The effect of this regulation is above and at http:// proposed critical habitat designation to designate critical habitat for Ivesia www.regulations.gov. and related factors. We will announce webberi under the Act. FOR FURTHER INFORMATION CONTACT: the availability of the draft economic DATES: Comment submission: We will Edward D. Koch, State Supervisor, U.S. analysis as soon as it is completed, at accept comments received or Fish and Wildlife Service, Nevada Fish which time we will seek additional postmarked on or before October 1, and Wildlife Office, 1340 Financial public review and comment. 2013. Comments submitted Boulevard, Suite 234, Reno, NV 89502, We will seek peer review. We are electronically using the Federal by telephone 775–861–6300, or by seeking comments from independent eRulemaking Portal (see ADDRESSES facsimile 775–861–6301. Persons who specialists to ensure that our listing below) must be received by 11:59 p.m. use a telecommunications device for the proposal is based on scientifically Eastern Time on the closing date. We deaf (TDD) may call the Federal sound data and analyses. We have must receive requests for public Information Relay Service (FIRS) at invited these peer reviewers to comment hearings, in writing, at the address 800–877–8339. on our specific assumptions and

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46863

conclusions in this listing proposal. (6) Whether any specific areas we are LPN remained at 5 in all subsequent Because we will consider all comments proposing for critical habitat CNORs. and information received during the designation should be considered for Critical Habitat comment period, our final exclusion under section 4(b)(2) of the determinations may differ from this Act, and whether the benefits of Background proposal. potentially excluding any specific area Critical habitat is defined in section 3 outweigh the benefits of including that Information Requested of the Act as: area under section 4(b)(2) of the Act. (1) The specific areas within the We intend that any final action (7) Whether we could improve or geographical area occupied by the resulting from this proposed rule will be modify our approach to designating species, at the time it is listed in based on the best scientific and critical habitat in any way to provide for accordance with the Act, on which are commercial data available and be as greater public participation and found those physical or biological accurate and as effective as possible. understanding, or to better features Therefore, we request comments or accommodate public concerns and (a) Essential to the conservation of the information from other concerned comments. species, and government agencies, the scientific (8) Information on the projected and (b) Which may require special community, industry, or any other reasonably likely impacts of climate management considerations or interested party concerning this change on the Ivesia webberi and protection; and proposed rule. We particularly seek proposed critical habitat. (2) Specific areas outside the comments concerning: You may submit your comments and geographical area occupied by the (1) The reasons why we should or materials concerning this proposed rule species at the time it is listed, upon a should not designate habitat as ‘‘critical by one of the methods listed in determination that such areas are habitat’’ under section 4 of the Act (16 ADDRESSES. We request that you send essential for the conservation of the U.S.C. 1531 et seq.) including whether comments only by the methods species. there are threats to the species from described in the ADDRESSES section. Conservation, as defined under human activity, the degree of which can We will post your entire comment— section 3 of the Act, means to use and be expected to increase due to the including your personal identifying the use of all methods and procedures designation, and whether that increase information—on http:// that are necessary to bring an in threat outweighs the benefit of www.regulations.gov. You may request endangered or threatened species to the designation such that the designation of at the top of your document that we point at which the measures provided critical habitat may not be prudent. withhold personal information such as pursuant to the Act are no longer (2) Specific information on: (a) The amount and distribution of your street address, phone number, or necessary. Such methods and Ivesia webberi habitat, email address from public review; procedures include, but are not limited (b) What areas, that were occupied at however, we cannot guarantee that we to, all activities associated with the time of listing (or are currently will be able to do so. scientific resources management such as occupied) and that contain features Comments and materials we receive, research, census, law enforcement, essential to the conservation of the as well as supporting documentation we habitat acquisition and maintenance, species, should be included in the used in preparing this proposed rule, propagation, live trapping, and designation and why, will be available for public inspection transplantation, and, in the (c) Special management on http://www.regulations.gov, or by extraordinary case where population considerations or protection that may be appointment, during normal business pressures within a given ecosystem needed in critical habitat areas we are hours, at the U.S. Fish and Wildlife cannot be otherwise relieved, may proposing, including managing for the Service, Nevada Fish and Wildlife include regulated taking. potential effects of climate change, and Office (see FOR FURTHER INFORMATION Critical habitat receives protection (d) What areas not occupied at the CONTACT). under section 7 of the Act through the requirement that Federal agencies time of listing are essential for the Previous Federal Actions conservation of the species and why. ensure, in consultation with the Service, (3) Land use designations and current Please see the proposed listing rule that any action they authorize, fund, or or planned activities in the subject areas published elsewhere in today’s Federal carry out is not likely to result in the and their possible impacts on proposed Register for a complete history of destruction or adverse modification of critical habitat. previous Federal actions. We identified critical habitat. The designation of (4) Whether we could improve or Ivesia webberi as a candidate in the June critical habitat does not affect land modify our approach to designating 13, 2002, Candidate Notice of Review ownership or establish a refuge, critical habitat in any way to facilitate (CNOR, 67 FR 40657). Ivesia webberi wilderness, reserve, preserve, or other management of critical habitat by was included in all subsequent annual conservation area. Such designation private, State, or Federal landowners. CNORs. On May 11, 2004, we received does not allow the government or public For example, could altering the a petition to list a total of 225 plant and to access private lands. Such configuration of critical habitat unit animal species from the list of candidate designation does not require boundaries facilitate management of species, including I. webberi. Because implementation of restoration, recovery, critical habitat? we previously found the species was or enhancement measures by non- (5) Any probable economic, national warranted for proposed listing, no Federal landowners. Where a landowner security, or other relevant impacts of further action was taken on the petition. requests Federal agency funding or designating any area that may be When it was first identified as a authorization for an action that may included in the final designation; in candidate in 2002 (67 FR 40657), we affect a listed species or critical habitat, particular, any impacts on small entities assigned I. webberi a listing priority the consultation requirements of section or families, and the benefits of including number (LPN) of 5, reflecting a species 7(a)(2) of the Act would apply, but even or excluding areas that exhibit these with threats that were considered high in the event of a destruction or adverse impacts. in magnitude but nonimminent; the modification finding, the obligation of

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 46864 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

the Federal action agency and the establish procedures, and provide Prudency Determination landowner is not to restore or recover guidance to ensure that our decisions Section 4(a)(3) of the Act, as the species, but to implement are based on the best scientific data amended, and implementing regulations reasonable and prudent alternatives to available. They require our biologists, to (50 CFR 424.12), require that, to the avoid destruction or adverse the extent consistent with the Act and maximum extent prudent and modification of critical habitat. with the use of the best scientific data determinable, the Secretary shall Under the first prong of the Act’s available, to use primary and original designate critical habitat at the time the definition of critical habitat, areas sources of information as the basis for species is determined to be an within the geographical area occupied recommendations to designate critical endangered or threatened species. Our by the species at the time it was listed habitat. regulations (50 CFR 424.12(a)(1)) state are included in a critical habitat When we are determining which areas that the designation of critical habitat is designation if they contain physical or should be designated as critical habitat, biological features (1) which are not prudent when one or both of the our primary source of information is following situations exist: essential to the conservation of the generally the information developed species and (2) which may require (1) The species is threatened by taking during the listing process for the or other human activity, and special management considerations or species. Additional information sources protection. For these areas, critical identification of critical habitat can be may include the recovery plan for the expected to increase the degree of threat habitat designations identify, to the species, articles in peer-reviewed extent known using the best scientific to the species, or journals, conservation plans developed (2) such designation of critical habitat and commercial data available, those by States and counties, scientific status physical or biological features that are would not be beneficial to the species. surveys and studies, biological There is currently no imminent threat essential to the conservation of the assessments, other unpublished species (such as space, food, cover, and of take attributed to collection or materials, or experts’ opinions or vandalism for Ivesia webberi, and protected habitat). In identifying those personal knowledge. physical and biological features within identification and mapping of critical Habitat is dynamic, and species may an area, we focus on the principal habitat is not expected to initiate any move from one area to another over biological or physical constituent such threat. In the absence of finding time. We recognize that critical habitat elements (primary constituent elements that the designation of critical habitat designated at a particular point in time such as roost sites, nesting grounds, would increase threats to a species, if seasonal wetlands, water quality, tide, may not include all of the habitat areas there are any benefits to a critical soil type) that are essential to the that we may later determine are habitat designation, then a prudent conservation of the species. Primary necessary for the recovery of the finding is warranted. Here, the potential constituent elements are those specific species. For these reasons, a critical benefits of designation include: (1) elements of the physical or biological habitat designation does not signal that Triggering consultation under section 7 features that provide for a species’ life- habitat outside the designated area is of the Act in new areas for actions in history processes and are essential to unimportant or may not be needed for which there may be a Federal nexus the conservation of the species. recovery of the species. Areas that are where it would not otherwise occur Under the second prong of the Act’s important to the conservation of the because, for example, it is or has definition of critical habitat, we can species, both inside and outside the become unoccupied or the occupancy is designate critical habitat in areas critical habitat designation, will in question; (2) focusing conservation outside the geographical area occupied continue to be subject to: (1) activities on the most essential features by the species at the time it is listed, Conservation actions implemented and areas; (3) providing educational upon a determination that such areas under section 7(a)(1) of the Act, (2) benefits to State or county governments are essential for the conservation of the regulatory protections afforded by the or private entities; and (4) preventing species. For example, an area currently requirement in section 7(a)(2) of the Act people from causing inadvertent harm occupied by the species but that was not for Federal agencies to ensure their to the species. Therefore, because we occupied at the time of listing may be actions are not likely to jeopardize the have determined that the designation of essential to the conservation of the continued existence of any endangered critical habitat will not likely increase species and may be included in the or threatened species, and (3) section 9 the degree of threat to the species and critical habitat designation. We of the Act’s prohibitions on taking any may provide some measure of benefit, designate critical habitat in areas individual of the species, including we find that designation of critical outside the geographical area presently taking caused by actions that affect habitat is prudent for I. webberi. occupied by a species only when a habitat. Federally funded or permitted Critical Habitat Determinability designation limited to its present range projects affecting listed species outside would be inadequate to ensure the their designated critical habitat areas Having determined that designation is conservation of the species. may still result in jeopardy findings in prudent, under section 4(a)(3) of the Act Section 4 of the Act requires that we some cases. These protections and we must find whether critical habitat for designate critical habitat on the basis of conservation tools will continue to Ivesia webberi is determinable. Our the best scientific data available. contribute to recovery of this species. regulations at 50 CFR 424.12(a)(2) state Further, our Policy on Information Similarly, critical habitat designations that critical habitat is not determinable Standards Under the Endangered made on the basis of the best available when one or both of the following Species Act (published in the Federal information at the time of designation situations exist: Register on July 1, 1994 (59 FR 34271)), will not control the direction and (i) Information sufficient to perform the Information Quality Act (section 515 substance of future recovery plans, required analyses of the impacts of the of the Treasury and General habitat conservation plans (HCPs), or designation is lacking, or Government Appropriations Act for other species conservation planning (ii) The biological needs of the species Fiscal Year 2001 (Pub. L. 106–554; H.R. efforts if new information available at are not sufficiently well known to 5658)), and our associated Information the time of these planning efforts calls permit identification of an area as Quality Guidelines, provide criteria, for a different outcome. critical habitat.

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46865

When critical habitat is not Space for Individual and Population elevation range as a physical or determinable, the Act allows the Service Growth and for Normal Behavior biological feature for I. webberi. an additional year to publish a critical Topography, Slope, and Aspect— habitat designation (16 U.S.C. Plant Community and Competitive Ivesia webberi occurs on flats, benches, 1533(b)(6)(C)(ii)). Ability—Ivesia webberi is primarily or terraces that are generally above or associated with Artemisia arbuscula We reviewed the available adjacent to large valleys. These sites Nutt. (low sagebrush) and other information pertaining to the biological vary from slightly concave to slightly perennial, rock garden-type plants such ° needs of the species and habitat convex or gently sloped (0–15 ) and as: Antennaria dimorpha (low characteristics where these species are occur on all aspects (Witham 2000, p. pussytoes), Balsamorhiza hookeri located. This and other information 16). Because plants have not been (Hooker’s balsamroot), Elymus represent the best scientific data identified outside these landscape elymoides (squirreltail), Erigeron ° available and led us to conclude that the features or on slopes greater than 15 , bloomeri (scabland fleabane), Lewisia designation of critical habitat is we have identified slightly concave, rediviva (bitter root), Poa secunda ° determinable for the Ivesia webberi. convex, and gently sloped (0–15 ) (Sandburg bluegrass), and Viola landscapes to be physical and biological Physical or Biological Features beckwithii (Beckwith’s violet) (Witham features for I. webberi. 2000, p. 17; Morefield 2004, 2005, In accordance with section 3(5)(A)(i) unpubl. survey; Howle and Henault Food, Water, Air, Light, Minerals, or of the Act and regulations at 50 CFR 2009, unpubl. survey; BLM 2011, 2012a, Other Nutritional or Physiological 424.12(b), in determining which areas unpubl. survey; Howle and Chardon Requirements within the geographical area occupied 2011a, 2011b, 2011c, unpubl. survey). Soils—Populations of Ivesia webberi by the species at the time of listing to Overall, this plant community is open occur on a variety of soil series types, designate as critical habitat, we consider and sparsely vegetated and relatively including, but not limited to: Reno—a the physical or biological features that short-statured, with I. webberi often fine, smectitic, mesic Abruptic Xeric are essential to the conservation of the dominating or co-dominating where it Argidurid; Xman—a clayey, smectitic, species and which may require special occurs (Witham 2000, p. 17). mesic, shallow Xeric Haplargids; Aldi— management considerations or Because Ivesia webberi is found in an a clayey, smectitic, frigid Lithic Ultic protection. These include, but are not Argixerolls; and Barshaad—a fine, open, sparsely vegetated plant limited to: smectitic, mesic Aridic Palexeroll community, it is likely a poor (1) Space for individual and (USDA NRCS (U.S. Department of competitor. Nonnative, invasive plant population growth and for normal Agriculture Natural Resources species such as Bromus tectorum L. behavior; Conservation Service) 2007, 2009a, (cheatgrass), Taeniatherum caput- 2009b, 2012a, 2012b). The majority of (2) Food, water, air, light, minerals, or medusae (medusahead), and Poa soils in which I. webberi occurs have an other nutritional or physiological bulbosa (bulbous bluegrass) form dense argillic (i.e., clay) horizon within 19.7 requirements; stands of vegetation that compete with inches (in) (50 centimeters (cm)) of the (3) Cover or shelter; native plant species, such as I. webberi, soil surface (USDA NRCS 2007, 2009a, (4) Sites for breeding, reproduction, or for the physical space needed to 2009b, 2012a, 2012b). An argillic rearing (or development) of offspring; establish individuals and recruit new horizon is defined as a subsurface and seedlings. This competition for space is horizon with a significantly higher (5) Habitats that are protected from compounded as dead or dying percentage of clay than the overlying disturbance or are representative of the nonnative vegetation accumulates, soil material (Soil Survey Staff 2010, p. historic geographical and ecological eventually forming a dense thatch that 30). The clay content (percent by distributions of a species. obscures the soil crevices used by native weight) of an argillic horizon must be We derive the specific physical or species as seed accumulation and 1.2 times the clay content of an biological features essential for Ivesia seedling recruitment sites (Davies 2008, overlying horizon (Soil Survey Staff webberi from studies of this species’ pp. 110–111; Gonzalez et al. 2008, 1999, p. 31). Agrillic horizons are habitat, ecology, and life history as entire; Mazzola et al. 2011, pp. 514–515; illuvial, meaning they form below the described below. Additional Pierson et al. 2011, entire). soil surface, but may be exposed at the information can be found in the Consequently, nonnative species deter surface later due to erosion. Typically proposed listing rule published recruitment and population expansion there is little or no evidence of illuvial elsewhere in today’s Federal Register of I. webberi, as well as the entire clay movement in soils on young and in the Ivesia webberi (Webber’s Artemisia arbuscula–perennial landscapes; therefore, soil scientists ivesia) Species Report (Service 2013, pp. bunchgrass–forb community with which have concluded that the formation of an 1–46) available at http:// I. webberi is associated. Therefore, we argillic horizon required at least a few www.regulations.gov (in the Search box, consider open, sparsely vegetated thousand years (Soil Survey Staff 1999, enter FWS–R8–ES–2013–0080, which is assemblages of A. arbuscula and other p. 29). This argillic horizon represents a the docket number for this rulemaking). perennial grass and forb rock garden time-landscape relationship that can be Little is known about the habitat species to be a physical or biological locally and regionally important specificity and characteristics for I. feature for I. webberi. because its presence indicates that the webberi. Therefore, the physical and Elevation—Known populations of geomorphic surface has been relatively biological factors for I. webberi are based Ivesia webberi occur between 4,475 and stable for a long period of time (Soil on our assessment of the ecosystem 6,237 feet (ft) (1,364 and 1,901 meters Survey Staff 1999, p. 31). settings in which the species is most (m)) in elevation (Steele and Roe 1996, The shallow, clay soils in which frequently detected. We have unpubl. survey; Witham 2000, p.16; Ivesia webberi inhabits are very rocky determined that the following physical Howle and Henault 2009, unpubl. on the surface and tend to be wet in the or biological features are essential for I. survey). Because plants are not spring, but dry out as the season webberi (see ‘‘Habitat’’ section in the currently known to occur outside of this progresses (Zamudio 1999, p. 1). The Species Report (Service 2013, pp. 6–7)): elevation band, we have identified this high clay content in the soils creates a

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 46866 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

shrink-swell behavior as the soils wet ground. These factors suggest that I. available information regarding possible and dry, which helps to ‘‘heave’’ rocks webberi is not shade-tolerant. Therefore, pollinators of I. webberi. Since no single in the soil profile to the surface and we assume that I. webberi is able to pollinator or group of pollinators is creates the rocky surface ‘‘pavement’’ persist, at least in part, due to a lack of known for I. webberi, we are not able to (Zamudio 1999, p. 1). The unique soils light competition with taller plants. define habitat requirements for I. and hydrology of I. webberi sites may webberi in terms of the distances that Sites for Breeding, Reproduction, or exclude competition from other species particular orders, genera, or species of Rearing (or Development) of Offspring (Zamudio 1999, p. 1; Witham 2000, p. insect pollinators are known to travel. 16). The shrink-swell of the clay zone, Reproduction—Ivesia webberi is a Successful transfer of pollen among which extends into the subsoil, favors perennial plant species that is not Ivesia webberi populations, therefore, perennials with deep taproots or rhizomatous or otherwise clonal. may be inhibited if populations are annuals with shallow roots that can Therefore, like other Ivesia species, separated by distances greater than complete their life cycle before the reproduction in I. webberi is presumed pollinators can travel, or if a pollinator’s surface soil dries out (Zamudio 1999, p. to occur primarily via sexual means nesting habitat or behavior is negatively 1; Witham 2000, pp. 16, 20). The root (i.e., seed production and seedling affected (BLM 2012b, p. 2). Some bees systems of tap-rooted perennial forbs are recruitment). As with most plant such as bumblebees and other social suited to soil with clay subsoils because species, I. webberi does not require species are able to fly extremely long the roots branch profusely under the separate sites for breeding, rearing, and distances. However, evidence suggests crown, spread laterally, and penetrate reproduction other than the locations in that their habitat does not need to the clay B horizon along vertical which parent plants occur and any area remain contiguous, but it is more cleavage planes (Hugie et al. 1964, p. necessary for pollinators and seed important that the protected habitat is 200). The roots are flattened, but dispersal. Seeds of I. webberi are large enough to maintain floral diversity unbroken by shrink-swell activity relatively large and unlikely to be to attract these pollinators (BLM 2012b, (Hugie et al. 1964, p. 200). Early dispersed by wind or animal vectors; p. 18). By contrast, most solitary bees maturing plants, such as I. webberi, upon maturation of the inflorescence remain close to their nest, thus foraging presumably prefer soils with these and fruit, seeds are likely to fall to the distance tends to be 1,640 ft (500 m) or heavy clay horizons because of the ground in the immediate vicinity of less (BLM 2012b, p.19). Conservation abundant spring moisture, which parent plants (Witham 2000, p. 20). strategies that strive to maintain not just essentially saturates the surface Depressions and crevices in soil I. webberi, but the range of associated horizons with water. Based on the frequently serve as seed accumulation native plant species (many of which are information above, we consider soil or seedling establishment sites in arid also insect-pollinated) would therefore with an argillic horizon characterized by ecosystems because they trap seeds and serve to attract a wide array of insect shrink-swell behavior to represent a often have higher soil water due to pollinators, both social and solitary, that physical or biological feature for I. trapped snow and accumulated may also serve as pollinators of I. webberi. precipitation (Reichman 1984, pp. 9–10; webberi (BLM 2012b, pp. 5–6, 19). Water—Ivesia webberi is restricted to Eckert et al. 1986, pp. 417–420). The Because annual, nonnative, invasive sites with soils that are vernally moist cracks of the shrink-swell clay soils grasses (such as Bromus tectorum) are (Zamudio 1999a, p. 1; Witham 2000, p. which typify I. webberi habitat are wind-pollinated, they offer no reward 16). From this finding, we infer that thought to trap seeds and retain them for pollinators; as such nonnative sufficient winter and spring moisture on-site, and may serve to protect seeds species become established, pollinators not only contributes to the physical from desiccation from sunlight or wind. are likely to become deterred from properties of the substrate in which I. Although the long-term viability of visiting areas occupied by I. webberi. webberi occurs (i.e., the shrink-swell these seeds is unknown, I. webberi seeds Therefore, we consider an area of pattern that contributes to the formation held within these crevices may sufficient size with an intact assemblage of soil crevices), but also triggers accumulate and function as a seedbank of native plant species to provide for biological responses in I. webberi, in the for I. webberi reproduction. Thus, the pollinator foraging and nesting habitat form of stimulating germination, physical and biological feature of soil to be a physical or biological feature for growth, flowering, and seed production. with an argillic horizon and shrink- I. webberi. Moisture retention is influenced by site swell behavior identified above under Habitats Protected From Disturbance or topography as well as soil properties. the ‘‘Food, Water, Air, Light, Minerals, Representative of the Historical Therefore, we consider soils that are or Other Nutritional or Physiological Geographical and Ecological vernally moist as a physical or Requirements’’ section also has an Distributions of the Species biological feature for I. webberi. important reproduction function for I. Light—Although little is known webberi. The long-term conservation of Ivesia regarding the light requirements of Pollination—Pollinators specific to webberi is dependent on several factors, Ivesia webberi, inferences are possible Ivesia webberi have not been identified. including, but not limited to: from the plant species and the plant However, most Ivesia species reproduce Maintenance of areas necessary to community from which I. webberi is from seed with insect-mediated sustain natural ecosystem components, associated (described under the pollination occurring between flowers functions, and processes (such as light ‘‘Space—Plant Community and of the same or different plants (Witham and intact soil hydrology); and Competitive Ability’’ section above, and 2000, p. 20). Floral visitors have been sufficient adjacent suitable habitat for the ‘‘Habitat’’ section of the Species observed frequenting the flowers of I. vegetative reproduction, population Report (Service 2013, pp. 6–7). aperta var. canina, which co-occurs expansion, and pollination. Generally speaking, co-occurring plant with I. webberi at one population Disturbance—Soils with a high species are short-statured; when (USFWS 5; J. Johnson, unpubl. photos content of shrink-swell clays, such as assembled into an Artemisia arbuscula- 2007). Although these floral visitors can those where Ivesia webberi is found, perennial bunchgrass-forb community, only represent presumed pollinators often create an unstable soil plants tend to occur widely spaced with because they were not observed to be environment to which this species is intervening patches of rocky, open carrying pollen, they represent the best presumably adapted (Belnap 2001, p.

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46867

183). These micro-scale disturbances are Primary Constituent Elements for Ivesia Special Management Considerations or of light to moderate intensity; we are webberi Protection unaware of information to indicate that According to 50 CFR 424.12(b), we are When designating critical habitat, we I. webberi has evolved with or is tolerant required to identify the physical or assess whether the specific areas within of moderate to heavy, landscape-scale biological features essential to the the geographical area occupied by the disturbances. Moderate to heavy soil conservation of Ivesia webberi in areas species at the time of listing contain disturbances such as off-highway occupied at the time of listing, focusing features which are essential to the vehicle (OHV) use, road corridors, on the features’ primary constituent conservation of the species and which residential or commercial development, elements. We consider primary may require special management and livestock grazing can impact the constituent elements to be those specific considerations or protection. All areas species and its seedbank through habitat elements of the physical or biological proposed for designation as critical loss, fragmentation, and degradation features that provide for a species’ life- habitat contain features that will require due to soil compaction and altered soil history processes and are essential to some level of management to address hydrology (Witham 2000, Appendix 1, the conservation of the species. the current and future threats. In all units, special management will be p. 1; Bergstrom 2009, pp. 25–26). Based on our current knowledge of required to ensure that the habitat is Climate change projections in the the physical or biological features and able to provide for the growth and Great Basin, where Ivesia webberi habitat characteristics required to reproduction of the species. occurs, include increasing temperatures sustain the species’ life-history A detailed discussion of threats to (Chambers and Pellant 2008, p. 29; processes, we determine that the Ivesia webberi and its habitat can be Finch 2012, p. 4), earlier spring snow primary constituent elements specific to found in the Ivesia webberi Species runoff (Stewart et al. 2005, p. 1152), Ivesia webberi are: Report (Service 2013, pp. 1–46). The declines in snowpack (Knowles et al. (i) Suitable Soils and Hydrology: features essential to the conservation of 2006, p. 4557; Mote et al. 2005, entire), a. Vernally moist soils with an argillic I. webberi (plant community and and increased frequencies of drought horizon that shrink and swell upon competitive ability, and suitable and fire (Seager et al. 2007, pp. 1181– drying and wetting; these soil topography, elevation, soils, and 1184; Littell et al. 2009, pp. 1014–1019; conditions are characteristic of known hydrology required for the persistence Abatzoglou and Kolden 2011, pp. 474– Ivesia webberi populations and are of adults as well as successful 475). Nonnative, invasive plant species likely important in the maintenance of reproduction of such individuals and and modified fire regimes are already the seedbank and population the formation of a seedbank) may impacting the quality and composition recruitment. require special management of the Artemisia arbuscula–perennial a. Suitable soils that can include (but considerations or protection to reduce bunchgrass—forb plant community are not limited to): Reno—a fine, threats. The current range of I. webberi where I. webberi occurs (BLM 2012c). smectitic, mesic Abruptic Xeric is subject to human-caused We anticipate that climate-related Argidurid; Xman—a clayey, smectitic, modifications from the introduction and changes expected across the Great mesic, shallow Xeric Haplargids; Aldi— spread of nonnative invasive species Basin, such as altered precipitation and a clayey, smectitic, frigid Lithic Ultic including Bromus tectorum, Poa temperature patterns, will accelerate the Argixerolls; and Barshaad—a fine, bulbosa, and Taeniatherum caput- pace and spatial extent of nonnative smectitic, mesic Aridic Palexeroll; and medusae; modified wildfire regime; increased access and fragmentation of plant infestations and altered fire (ii) Topography: regimes. These patterns of climate habitat by new roads and OHVs; a. Flats, benches, or terraces that are change may also decrease survivorship agricultural, residential, and generally above or adjacent to large of I. webberi by causing physiological commercial development; and soil and valleys. Occupied sites vary from stress, altering phenology, and reducing seedbank disturbance by livestock slightly concave to slightly convex or recruitment events and seedling (Service 2013, pp. 22–32). gently sloped (0–15°) and occur on all establishment. Special management considerations aspects; and or protection are required within critical Managing for appropriate disturbance (iii) Elevation: habitat areas to address these threats. regimes (in terms of the type or intensity a. Elevations between 4,475 and 6,237 Management activities that could of disturbance) is difficult, because feet (ft) (1,364 and 1,901 meters (m)); ameliorate these threats include (but are sources of disturbance are numerous and not limited to): Treatment of nonnative, and our ability to predict the effects of invasive plant species; minimization of multiple, interacting disturbance (iv) Characterized by a plant community that contains: OHV access and placement of new roads regimes upon species and their habitats away from the species and its habitat; is limited. In this document, we use a. Open to sparely vegetated areas regulations or agreements to minimize qualitative terms, but specifically solicit composed of generally short-statured the effects of development in areas further input on methods or associated plant species. where the species resides; minimization mechanisms to better quantify or b. Presence of appropriate associated of livestock use or other disturbances describe these measures (see species that can include (but are not that disturb the soil or seeds; and Information Requested section). For the limited to): Antennaria dimorpha, minimization of habitat fragmentation. reasons discussed above, we identify Artemisia arbuscula, Balsamorhiza Where the species occurs on private areas not subject to moderate to heavy, hookeri, Elymus elymoides, Erigeron lands, protection and management landscape-scale disturbances, such as bloomeri, Lewisia rediviva, Poa could be enhanced by various forms of impacts from vehicles driven off secunda, and Viola beckwithii. land acquisition from willing sellers, established roads or trails, development, c. An intact assemblage of appropriate ranging from the purchase of livestock grazing, and frequent wildfire, associated species to attract the floral conservation easements to fee title to be a physical or biological feature for visitors that may be acting as pollinators acquisition. These activities would I. webberi. of Ivesia webberi. protect the primary constituent

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 46868 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

elements for the species by preventing Heritage Programs (NatureServe 2004, We are proposing for designation of the loss of habitats and individuals, entire). critical habitat lands that we have protecting the plants habitat and soils (2) We extended the boundaries of the determined are occupied at the time of from undesirable patterns or levels of polygon defining each population or listing and contain sufficient elements disturbance, and facilitating the subpopulation by 1,640 ft (500 m) to of physical or biological features to management for desirable conditions, provide for sufficient pollinator habitat. support life-history processes essential including disturbance regimes. This creates an area that is large enough for the conservation of the species. to maintain flora diversity that would Units are proposed for designation Criteria Used To Identify Critical protect nesting areas of solitary based on sufficient elements of physical Habitat pollinator species, while creating a large As required by section 4(b)(2) of the enough patch of flora diversity to attract or biological features being present to Act, we use the best scientific data social, wide-ranging pollinator species support Ivesia webberi life-history available to designate critical habitat. In (as described above under the ‘‘Sites for processes. Some units contained all of accordance with the Act and our Breeding, Reproduction, or Rearing (or the identified elements of physical or implementing regulations at 50 CFR Development) of Offspring’’ section; biological features and supported 424.12(b), we review available BLM 2012b, p. 19). multiple life-history processes. Some information pertaining to the habitat (3) We then removed areas not segments contained only some elements requirements of the species and identify containing the physical or biological of the physical or biological features occupied areas at the time of listing that features essential to the conservation of necessary to support I. webberi’s contain the features essential to the I. webberi within the 1,640-ft-wide (500- particular use of that habitat. conservation of the species. If after m-wide) area surrounding each The critical habitat designation is identifying currently occupied areas, a population. We used a habitat model to defined by the map or maps, as determination is made that those areas identify areas lacking physical or modified by any accompanying are inadequate to ensure conservation of biological features. The habitat model regulatory text, presented at the end of the species, in accordance with the Act was developed by comparing occupied this document in the rule portion. We and our implementing regulations at 50 areas and the known environmental include more detailed information on CFR 424.12(e), we then consider variables of these areas, such as the boundaries of the critical habitat whether designating additional areas— elevation, slope, and soil type that we designation in the preamble of this outside those currently occupied—are determined to be physical and document. We will make the essential for the conservation of the biological features for this species. The coordinates or plot points or both on species. We are not currently proposing environmental variables with the which each map is based available to to designate any areas outside the highest predictive ability influenced the the public on http:// geographical area presently occupied by habitat the model identified. Finally, we www.regulations.gov at Docket No. the species because its present range is used ESRI ArcGIS Imagery Basemap FWS–R8–ES–2013–0080, on our sufficient to ensure the conservation of satellite imagery to exclude forested Internet site http://www.fws.gov/ Ivesia webberi. areas within the areas the model nevada/, and at the field office We delineated the critical habitat unit selected because this is not the responsible for the designation (see FOR boundaries for Ivesia webberi using the vegetation type that is a physical and FURTHER INFORMATION CONTACT above). following steps: biological feature for I. webberi. (1) In determining what areas were When determining proposed critical Proposed Critical Habitat Designation occupied by Ivesia webberi, we used habitat boundaries, we made every polygon data collected by the Bureau of effort to avoid including developed We are proposing 16 units as critical Land Management (BLM 2011, 2012a, areas such as lands covered by habitat for Ivesia webberi; 2 of these unpubl. survey), California Natural buildings, pavement, and other units have subunits. The critical habitat Diversity Database (Schoolcraft 1992, structures because such lands lack areas we describe below constitute our 1998, unpubl. survey; Krumm and physical or biological features necessary current best assessment of areas that Clifton 1996, unpubl. survey; Steele and for Ivesia webberi. The scale of the maps meet the definition of critical habitat for Roe 1996, unpubl. survey), California we prepared under the parameters for I. webberi. The 18 areas we propose as Department of Fish and Wildlife publication within the Code of Federal critical habitat are: (1) Sierra Valley, (2) (Sustain Environmental Inc. 2009, p. III– Regulations may not reflect the Constantia, (3) East of Hallelujah 19), Nevada Natural Heritage Program exclusion of such developed lands. Any Junction Wildlife Area (HJWA), Evans (Witham 1991, entire; Witham 2000, such lands inadvertently left inside Canyon, (4) Hallelujah Junction Wildife entire; Morefield 2004, 2005, 2010a, critical habitat boundaries shown on the Area (WA), (5) subunit—Dog Valley 2010b, unpubl. survey; Picciani 2006, maps of this proposed rule have been Meadow and subunit—Upper Dog unpubl. survey), U.S. Forest Service, excluded by text in the proposed rule Valley, (6) White Lake Overlook, (7) (Duron 1990, entire; Howle and Henault and are not proposed for designation as subunit—Mules Ear Flat and subunit— 2009, unpubl. survey; Howle and critical habitat. Therefore, if the critical Three Pine Flat and Jeffrey Pine Saddle, Chardon 2011a, 2011b, 2011c, unpubl. habitat is finalized as proposed, a (8) Ivesia Flat, (9) Stateline Road 1, (10) survey) and consulting firms (Wood Federal action involving these lands Stateline Road 2, (11) Hungry Valley, Rogers 2007, Tables 2 and 3, pp. 5–6) to would not trigger section 7 consultation (12) Black Springs, (13) Raleigh Heights, map specific locations of I. webberi with respect to critical habitat and the (14) Dutch Louie Flat, (15) The Pines using ArcMap 10.1. These locations requirement of no adverse modification Powerline, and (16) Dante Mine Road. were classified into discrete populations unless the specific action would affect Table 1 lists the proposed critical based on mapping standards devised by the physical or biological features in the habitat units and subunits and the area NatureServe and its network of Natural adjacent critical habitat. of each.

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46869

TABLE 1—PROPOSED CRITICAL HABITAT UNITS FOR Ivesia webberi [Area estimates reflect all land within the critical habitat boundary]

State or local Federally Government Privately Total area CH Unit and Population Unit or subunit name owned land owned land owned land acres subunit (USFWS) acres acres acres (hectares) (hectares) (hectare) (hectares)

1 ...... 1 Sierra Valley...... 51 44 179 274 (21 ) (18 ) (73 ) (111 ) 2 ...... 2 Constantia ...... 155 ...... 155 (63 ) (63 ) 3 ...... 3 East of HJWA, Evans Canyon ...... 22 100 ...... 122 (9 ) (41 ) (49 ) 4 ...... 4 Hallelujah Junction WA ...... 69 ...... 69 (28 ) (28 ) 5: 5a ...... 5 Dog Valley Meadow ...... 386 ...... 386 (156) (156) 5b ...... 5 Upper Dog Valley ...... 12 ...... 17 29 (5 ) (7) (12 ) 6 ...... 6 White Lake Overlook ...... 98 ...... 11 109 (40 ) (4) (44 ) 7: 7a ...... 7 Mules Ear Flat ...... 31 ...... 34 65 (13 ) (14 ) (27 ) 7b ...... 7 Three Pine Flat; Jeffrey Pine Sad- 3 ...... 65 68 dle. (1) (26 ) (27 ) 8 ...... 8 Ivesia Flat...... 62 ...... 62 (25 ) (25 ) 9 ...... 9 Stateline Road 1 ...... 125 ...... 7 132 (50 ) (3 ) (53 ) 10 ...... 10 Stateline Road 2 ...... 65 ...... 65 (26 ) (26 ) 11 ...... 11 Hungry Valley...... 56 ...... 56 (23 ) (23 ) 12 ...... 12 Black Springs...... 116 ...... 24 140 (47 ) (10 ) (57 ) 13 ...... 13 Raleigh Heights...... 163 ...... 14 177 (66 ) (6) (72 ) 14 ...... 14 Dutch Louie Flat ...... 11 ...... 46 56 (4 ) (19 ) (23 ) 15 ...... 15 The Pines Powerline ...... 32 32 (13 ) (13 ) 16 ...... 16 Dante Mine Road ...... 10 ...... 4 14 (4 ) (2) (6 )

Total ...... 1,365 214 432 2,011 (552) (86 ) (175) (814 ) Note: Area sizes may not sum due to rounding.

We present brief descriptions of all nearly one-third (27.2 percent) of all Unit 2: Constantia units, and reasons why they meet the habitat (165 ac (66.8 ha)) that is definition of critical habitat for Ivesia occupied by I. webberi across the Unit 2 consists of 155 ac (63 ha) of webberi, below. species’ range. Threats to I. webberi in Federal land. This unit is located east of U.S. Highway 395, southeast of the Unit 1: Sierra Valley this Unit include nonnative, invasive species, wildfire, OHV use, roads, historic town of Constantia, in Lassen Unit 1 consists of 274 ac (111 ha) of livestock grazing, and any other forms of County, California. One hundred percent of this Unit is on Federal lands Federal, State, and private lands. This vegetation or ground-disturbing managed by the BLM. This Unit is Unit is located near the junction of State activities. While these lands currently currently occupied and is the most Highway 49 and County Highway A24 have the physical and biological in Plumas County, California. Nineteen northern occupied Unit within the range features essential to the conservation of percent of this Unit is on Federal lands of Ivesia webberi. The Constantia Unit is I. webberi, because of a lack of cohesive managed by the BLM, 16 percent is on important to the recovery of I. webberi California State land, and 65 percent is management and protections, special primarily because it represents one of on private lands. This Unit is currently management will be required to relatively few locations within the Great occupied and is the most western maintain these features in this Unit. Basin where the species is known to occupied Unit within the range of Ivesia These threats should be addressed as exist. Given the increasing prevalence of webberi. The Sierra Valley Unit is detailed above in the ‘‘Special both site-specific and landscape-scale important to the recovery of I. webberi Management Considerations or threats operating throughout this region because it supports 44.8 ac (18.1 ha), or Protection’’ section. and specifically within areas occupied

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 46870 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

by I. webberi (Service 2013, entire), this disturbing activities are threats to I. allow for social pollinator dispersal location and most others where the webberi in this Unit. While these lands between these Subunits. The Dog Valley species occurs confer redundancy currently have the physical and Meadow Unit is important to the within the species’ distribution, thereby biological features essential to the recovery of Ivesia webberi because it buffering the species against the risk of conservation of I. webberi, because of a supports 71.58 ac (28.97 ha), or nearly extirpation likely to result from these lack of cohesive management and half (43.5 percent) of all habitat (165 ac threats or other less-predicable protections, special management will be (66.8 ha)) that is occupied by I. webberi stochastic events. Not a lot is known required to maintain these features in across the species’ range and 100,000 about the current condition of I. webberi this Unit. These threats should be plants, or approximately 2 to 10 percent and its habitat at this site, however, addressed as detailed above in the (i.e., dependent on which population wildfire and any other forms of ‘‘Special Management Considerations or estimate range is used for the vegetation or ground-disturbing Protection’’ section. calculation) of individuals known to activities are threats to I. webberi in this exist across the species’ range (Service Unit. While these lands currently have Unit 4: Hallelujah Junction Wildlife 2013, pp. 15–16). Threats to I. webberi the physical and biological features Area (HJWA) in this Subunit include nonnative, essential to the conservation of I. Unit 4 consists of 69 ac (28 ha) of invasive plant species, wildfire, OHV webberi, because of a lack of cohesive State lands. This Unit is located west of and other recreational use, and any management and protections, special U.S. Highway 395 within HJWA in other forms of vegetation or ground- management will be required to Sierra County, California. One hundred disturbing activities. Additionally, this maintain these features in this Unit. percent of this Unit is on California Subunit historically was grazed, but the These threats should be addressed as State land managed as the HJWA. This grazing allotment currently is vacant detailed above in the ‘‘Special Unit is currently occupied and is (Service 2013, p. 16). While these lands Management Considerations or approximately 1.6 mi (2.6 km) away currently have the physical and Protection’’ section. from Unit 3, which may allow for social biological features essential to the conservation of I. webberi, because of a Unit 3: East of Hallelujah Junction pollinator dispersal between these lack of cohesive management and Wildlife Area (HJWA)—Evans Canyon Units. The HJWA Unit is important to the recovery of I. webberi primarily protections, special management will be Unit 3 consists of 122 ac (49 ha) of because it represents one of relatively required to maintain these features in Federal and State lands. This Unit is few locations within the Great Basin this Subunit. These threats should be located east of U.S. Highway 395 on the where the species is known to exist. addressed as detailed above in the border of HJWA in Lassen County, Given the increasing prevalence of both ‘‘Special Management Considerations or California. Eighty-two percent of this site-specific and landscape-scale threats Protection’’ section. Unit is on California State land managed operating throughout this region and Subunit 5b—Upper Dog Valley as the HJWA and 18 percent is on specifically within areas occupied by I. Federal land managed by the BLM. This webberi (Service 2013, entire), this Subunit 5b consists of 29 ac (12 ha) Unit is currently occupied and is location and most others where the of Federal and private lands. This approximately 1.6 mi (2.6 km) away species occurs confer redundancy Subunit is located west of Long Valley from Unit 4, which may allow for social within the species’ distribution, thereby Road and south of the Dog Valley pollinator dispersal between these two buffering the species against the risk of campground in Dog Valley in Sierra Units. Additionally, this is the only extirpation likely to result from these County, California. Forty-one percent of place where Ivesia webberi is found as threats or other less-predicable this Subunit is on Federal lands a co-dominant in an Artemisia stochastic events. Wildfire and any managed by the USFS and 59 percent is tridentata Nutt. (big sagebrush) other forms of vegetation or ground- on private lands. This Unit is currently occupied and is 0.5 mi (0.8 km) away community instead of an Artemisia disturbing activities are threats to I. arbuscula community. The perennial from Subunit 5a, which may allow for webberi in this Unit. While these lands bunchgrass and forb components of the social pollinator dispersal between currently have the physical and Artemisia tridentata community found these Subunits. The Upper Dog Valley biological features essential to the within this Unit are the same as those Subunit is important to the recovery of conservation of I. webberi, because of a occurring in locations where A. I. webberi primarily because it lack of cohesive management and arbuscula is co-dominant with I. represents one of relatively few protections, special management will be webberi. The East of HJWA—Evans locations within the Great Basin where required to maintain these features in Canyon Unit is important to the the species is known to exist. Given the this Unit. These threats should be recovery of I. webberi primarily because increasing prevalence of both site- addressed as detailed above in the it represents one of relatively few specific and landscape-scale threats locations within the Great Basin where ‘‘Special Management Considerations or operating throughout this region and the species is known to exist. Given the Protection’’ section. specifically within areas occupied by I. increasing prevalence of both site- Unit 5: Subunit 5a—Dog Valley Meadow webberi (Service 2013, entire), this specific and landscape-scale threats and Subunit 5b—Upper Dog Valley location and most others where the operating throughout this region and species occurs confer redundancy specifically within areas occupied by I. Subunit 5a—Dog Valley Meadow within the species’ distribution, thereby webberi (Service 2013, entire), this Subunit 5a consists of 386 ac (156 ha) buffering the species against the risk of location and most others where the of Federal lands. This Subunit is located extirpation likely to result from these species occurs confer redundancy east of Long Valley Road in Dog Valley threats or other less-predicable within the species’ distribution, thereby in Sierra County, California. One stochastic events. Threats to I. webberi buffering the species against the risk of hundred percent of this Subunit is on in this Subunit include nonnative, extirpation likely to result from these Federal lands managed by the U.S. invasive plant species, wildfire, OHV threats or other less-predicable Forest Service (USFS). This Unit is use, and any other forms of vegetation stochastic events. Wildfire and any currently occupied and is 0.5 mi (0.8 or ground-disturbing activities. other forms of vegetation or ground- km) away from Subunit 5b, which may Additionally, this Subunit historically

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46871

was grazed, but the grazing allotment is increasing prevalence of both site- 2013, p. 17). While these lands currently currently vacant (Service 2013, p. 16). specific and landscape-scale threats have the physical and biological While these lands currently have the operating throughout this region and features essential to the conservation of physical and biological features specifically within areas occupied by I. I. webberi, because of a lack of cohesive essential to the conservation of I. webberi (Service 2013, entire), this management and protections, special webberi, because of a lack of cohesive location and most others where the management will be required to management and protections, special species occurs confer redundancy maintain these features in this Unit. management will be required to within the species’ distribution, thereby These threats should be addressed as maintain these features in this Subunit. buffering the species against the risk of detailed above in the ‘‘Special These threats should be addressed as extirpation likely to result from these Management Considerations or detailed above in the ‘‘Special threats or other less-predicable Protection’’ section. stochastic events. Threats to I. webberi Management Considerations or Unit 8: Ivesia Flat Protection’’ section. in this Subunit include nonnative, invasive plant species, wildfire, OHV Unit 8 consists of 62 ac (25 ha) of Unit 6: White Lake Overlook use, roads, and any other forms of Federal land. This Unit is located south Unit 6 consists of 109 ac (44 ha) of vegetation or ground-disturbing of U.S. Highway 395 in Washoe County, Federal and private lands. This Unit is activities. Additionally, this Subunit NV. One hundred percent of this Unit located north of Long Valley Road in historically was grazed, but the grazing is on Federal land managed by the Sierra County, California. Ninety allotment currently is vacant (Service USFS. This Unit is currently occupied percent of this Unit is on Federal lands 2013, p. 17). While these lands currently and is 1 mi (1.6 km) away from Subunit managed by the USFS and 10 percent is have the physical and biological 7b, which may allow for social on private lands. This Unit is currently features essential to the conservation of pollinator dispersal between these occupied and is 1 mi (1.6 km) or less I. webberi, because of a lack of cohesive Units. The Ivesia Flat Unit is important away from Units 7 and 9, which may management and protections, special to the recovery of Ivesia webberi because allow for social pollinator dispersal management will be required to it supports 100,000 plants (Service between these Units. The White Lake maintain these features in this Unit. 2013, p. 17), or approximately between Overlook Unit is important to the These threats should be addressed as 2 and 10 percent (i.e., dependent on recovery of Ivesia webberi because it detailed above in the ‘‘Special which population estimate range is used supports 13.56 ac (5.49 ha) or 8.2 Management Considerations or for the calculation) of individuals percent of all habitat (165 ac (66.8 ha)) Protection’’ section. known to exist across the species’ range. that is occupied by I. webberi across the Threats to I. webberi in this Unit include Subunit 7b—Three Pine Flat and Jeffrey nonnative, invasive plant species, species range. Threats to I. webberi in Pine Saddle this Unit include wildfire and any other wildfire, OHV use, roads, and any other forms of vegetation or ground-disturbing Subunit 7b consists of 68 ac (27 ha) forms of vegetation or ground-disturbing activities. While these lands currently of Federal and private lands. This activities. Additionally, this Unit have the physical and biological Subunit is located east of the California- historically was grazed, but the grazing features essential to the conservation of Nevada border in Washoe County, allotment currently is vacant (Service I. webberi, because of a lack of cohesive Nevada. Four percent of this Subunit is 2013, p. 17). While these lands currently management and protections, special on Federal lands managed by the USFS, have the physical and biological management will be required to and 96 percent is on private lands. This features essential to the conservation of maintain these features in this Unit. Subunit is currently occupied and is 1 I. webberi, because of a lack of cohesive These threats should be addressed as mi (1.6 km) or less away from Units 6, management and protections, special detailed above in the ‘‘Special 8, and 9, which may allow for social management will be required to pollinator dispersal between these maintain these features in this Unit. Management Considerations or Units. The Three Pine Flat and Jeffery These threats should be addressed as Protection’’ section. Pine Saddle Subunit is important to the detailed above in the ‘‘Special Unit 7: Subunit 7a—Mules Ear Flat and recovery of I. webberi primarily because Management Considerations or Subunit 7b—Three Pine Flat and Jeffrey it represents one of relatively few Protection’’ section. Pine Saddle locations within the Great Basin where Unit 9: Stateline Road 1 the species is known to exist. Given the Subunit 7a—Mules Ear Flat increasing prevalence of both site- Unit 9 consists of 132 ac (53 ha) of Subunit 7a consists of 65 ac (27 ha) specific and landscape-scale threats Federal and private lands. This Unit is of Federal and private lands. This operating throughout this region and located along the California-Nevada Subunit is located west of the specifically within areas occupied by I. border in Sierra County, California, and California-Nevada border and southeast webberi (Service 2013, entire), this Washoe County, Nevada. Ninety-four of Long Valley Road in Sierra County, location and most others where the percent of this Unit is on Federal land California. Forty-eight percent of this species occurs confer redundancy managed by the USFS, and 6 percent is Subunit is on Federal land managed by within the species’ distribution, thereby on private lands. This Unit is currently the USFS, and 52 percent is on private buffering the species against the risk of occupied and is 1 mi (1.6 km) or less lands. This Subunit is currently extirpation likely to result from these away from Units 6, 7, and 10, which occupied and is 1 mi (1.6 km) or less threats or other less-predicable may allow for social pollinator dispersal away from Units 6 and 9, which may stochastic events. Threats to I. webberi between these Units. The Stateline Road allow for social pollinator dispersal in this Subunit include nonnative, 1 Unit is important to the recovery of I. between these Units. The Mules Ear Flat invasive plant species, wildfire, OHV webberi primarily because it represents Subunit is important to the recovery of use, roads, and any other forms of one of relatively few locations within I. webberi primarily because it vegetation or ground-disturbing the Great Basin where the species is represents one of relatively few activities. Additionally, this Subunit known to exist. Given the increasing locations within the Great Basin where historically was grazed, but the grazing prevalence of both site-specific and the species is known to exist. Given the allotment currently is vacant (Service landscape-scale threats operating

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 46872 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

throughout this region and specifically maintain these features in this Unit. threats operating throughout this region within areas occupied by I. webberi These threats should be addressed as and specifically within areas occupied (Service 2013, entire), this location and detailed above in the ‘‘Special by I. webberi (Service 2013, entire), this most others where the species occurs Management Considerations or location and most others where the confer redundancy within the species’ Protection’’ section. species occurs confer redundancy distribution, thereby buffering the Unit 11: Hungry Valley within the species’ distribution, thereby species against the risk of extirpation buffering the species against the risk of Unit 11 consists of 56 ac (23 ha) of likely to result from these threats or extirpation likely to result from these Federal land. This Unit is located west other less-predicable stochastic events. threats or other less-predicable Threats to I. webberi in this Unit include of Eagle Canyon Drive in Washoe County, Nevada. One hundred percent stochastic events. Threats to I. webberi nonnative, invasive plant species, in this Unit include nonnative, invasive wildfire, development, and any other of this Unit is on Federal land managed plant species, wildfire, OHV use, roads, forms of vegetation or ground-disturbing by the BLM. This Unit is currently and any other forms of vegetation or activities. Additionally, this Unit occupied and is the eastern most historically was grazed, but the grazing occupied Unit within the range of Ivesia ground-disturbing activities. allotment currently is vacant (Service webberi. The Hungry Valley Unit is Additionally, this Unit historically was 2013, p. 18). While these lands currently important to the recovery of I. webberi grazed, but the grazing allotment have the physical and biological primarily because it represents one of currently is vacant (Service 2013, p. 18). features essential to the conservation of relatively few locations within the Great While these lands currently have the I. webberi, because of a lack of cohesive Basin where the species is known to physical and biological features management and protections, special exist. Given the increasing prevalence of essential to the conservation of I. management will be required to both site-specific and landscape-scale webberi, because of a lack of cohesive maintain these features in this Unit. threats operating throughout this region management and protections, special These threats should be addressed as and specifically within areas occupied management will be required to detailed above in the ‘‘Special by I. webberi (Service 2013, entire), this maintain these features in this Unit. Management Considerations or location and most others where the These threats should be addressed as Protection’’ section. species occurs confer redundancy detailed above in the ‘‘Special within the species’ distribution, thereby Unit 10: Stateline Road 2 Management Considerations or buffering the species against the risk of Protection’’ section. Unit 10 consists of 65 ac (26 ha) of extirpation likely to result from these Federal land. This Unit is located along threats or other less-predicable Unit 13: Raleigh Heights the California-Nevada border in Sierra stochastic events. Threats to I. webberi County, California, and Washoe County, in this Unit include nonnative, invasive Unit 13 consists of 177 ac (72 ha) of Nevada. One hundred percent of this plant species, wildfire, OHV use and Federal and private lands. This Unit is Unit is on Federal land managed by the other recreational use, roads, livestock located northwest of North Virginia USFS. This Unit is currently occupied grazing, and any other forms of Street and south of US Highway 395 in and is less than 1 mi (1.6 km) away from vegetation or ground-disturbing Washoe County, Nevada. Ninety-two Unit 9, which may allow for social activities. While these lands currently percent of this Unit is on Federal land pollinator dispersal between these have the physical and biological managed by the USFS, and 8 percent is Units. The Stateline Road 2 Unit is features essential to the conservation of on private lands. This Unit is currently important to the recovery of I. webberi I. webberi, because of a lack of cohesive occupied and is approximately 1 mi (1.6 primarily because it represents one of management and protections, special km) away from Unit 12, which may relatively few locations within the Great management will be required to allow for social pollinator dispersal Basin where the species is known to maintain these features in this Unit. between these Units. The Raleigh exist. Given the increasing prevalence of These threats should be addressed as Heights Unit is important to the both site-specific and landscape-scale detailed above in the ‘‘Special recovery of Ivesia webberi because it threats operating throughout this region Management Considerations or supports between 100,000 to 4,000,000 and specifically within areas occupied Protection’’ section. plants (Service 2013, p. 19), or by I. webberi (Service 2013, entire), this Unit 12: Black Springs approximately 10 to 79.5 percent (i.e., location and most others where the dependent on which population Unit 12 consists of 140 ac (57 ha) of species occurs confer redundancy estimate range is used for the Federal and private lands. This Unit is within the species’ distribution, thereby calculation) of individuals known to located northwest of North Virginia buffering the species against the risk of exist across the species range. Threats to extirpation likely to result from these Street and south of U.S. Highway 395 in I. webberi in this Unit include threats or other less-predicable Washoe County, Nevada. Eighty-three nonnative, invasive plant species, stochastic events. Threats to I. webberi percent of this Unit is on Federal land wildfire, OHV use, roads, and any other in this Unit include nonnative, invasive managed by the USFS, and 17 percent plant species, wildfire, development, is on private lands. This Unit is forms of vegetation or ground-disturbing and any other forms of vegetation or currently occupied and is activities. While these lands currently ground-disturbing activities. approximately 1 mi (1.6 km) away from have the physical and biological Additionally, this Unit historically was Unit 13, which may allow for social features essential to the conservation of grazed, but the grazing allotment pollinator dispersal between these I. webberi, because of a lack of cohesive currently is vacant (Service 2013, p. 18). Units. The Black Springs Unit is management and protections, special While these lands currently have the important to the recovery of I. webberi management will be required to physical and biological features primarily because it represents one of maintain these features in this Unit. essential to the conservation of I. relatively few locations within the Great These threats should be addressed as webberi, because of a lack of cohesive Basin where the species is known to detailed above in the ‘‘Special management and protections, special exist. Given the increasing prevalence of Management Considerations or management will be required to both site-specific and landscape-scale Protection’’ section.

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46873

Unit 14: Dutch Louie Flat recreational use, roads, development, addition, section 7(a)(4) of the Act Unit 14 consists of 56 ac (23 ha) of and any other forms of vegetation or requires Federal agencies to confer with Federal and private lands. This Unit is ground-disturbing activities. While the Service on any agency action that is located southwest of South McCarran these lands currently have the physical likely to jeopardize the continued Boulevard in Washoe County, Nevada. and biological features essential to the existence of any species proposed to be Nineteen percent of this Unit is on conservation of I. webberi, because of a listed under the Act or result in the Federal lands managed by the USFS and lack of cohesive management and destruction or adverse modification of 81 percent is on private lands. This Unit protections, special management will be proposed critical habitat. Decisions by the 5th and 9th Circuit it currently occupied and is required to maintain these features in Courts of Appeals have invalidated our approximately 0.5 mi (0.8 km) away this Unit. These threats should be regulatory definition of ‘‘destruction or from Unit 15, which may allow for addressed as detailed above in the adverse modification’’ (50 CFR 402.02) social pollinator dispersal between ‘‘Special Management Considerations or Protection’’ section. (see Gifford Pinchot Task Force v. U.S. these Units. The Dutch Louie Flat Unit Fish and Wildlife Service, 378 F.3d 1059 is important to the recovery of Ivesia Unit 16: Dante Mine Road (9th Cir. 2004) and Sierra Club v. U.S. webberi because it supports between Unit 16 consists of 14 ac (6 ha) of Fish and Wildlife Service et al., 245 F.3d 600,000 to 693,795 plants (Service 2013, Federal and private lands. This Unit is 434, 442 (5th Cir. 2001)), and we do not p. 19), or approximately 14 to 61 located east of US Highway 395 in rely on this regulatory definition when percent (i.e., dependent on which Douglas County, Nevada. Seventy-three analyzing whether an action is likely to population estimate range is used for percent of this Unit is on Federal land destroy or adversely modify critical the calculation) of individuals known to managed by the BLM, and 27 percent is habitat. Under the statutory provisions exist across the species range. Threats to on private lands. This Unit is currently of the Act, we determine destruction or I. webberi in this Unit include occupied and is the most southern adverse modification on the basis of nonnative, invasive plant species, occupied Unit within the range of Ivesia whether, with implementation of the wildfire, OHV and other recreational webberi. The Dante Mine Road Unit is proposed Federal action, the affected use, roads, development, and any other important to the recovery of I. webberi critical habitat would continue to serve forms of vegetation or ground-disturbing primarily because it represents one of its intended conservation role for the activities. While these lands currently relatively few locations within the Great species. have the physical and biological Basin where the species is known to If a Federal action may affect a listed features essential to the conservation of exist. Given the increasing prevalence of species or its critical habitat, the I. webberi, because of a lack of cohesive both site-specific and landscape-scale responsible Federal agency (action management and protections, special threats operating throughout this region agency) must enter into consultation management will be required to and specifically within areas occupied with us. Examples of actions that are maintain these features in this Unit. by I. webberi (Service 2013, entire), this subject to the section 7 consultation These threats should be addressed as location and most others where the process are actions on State, tribal, detailed above in the ‘‘Special species occurs confer redundancy local, or private lands that require a Management Considerations or within the species’ distribution, thereby Federal permit (such as a permit from Protection’’ section. buffering the species against the risk of the U.S. Army Corps of Engineers under Unit 15: The Pines Powerline extirpation likely to result from these section 404 of the Clean Water Act (33 threats or other less-predicable U.S.C. 1251 et seq.) or a permit from the Unit 15 consists of 32 ac (13 ha) of Service under section 10 of the Act) or private lands. This Unit is located stochastic events. Threats to I. webberi in this Unit include nonnative, invasive that involve some other Federal action southwest of South McCarran Boulevard (such as funding from the Federal in Washoe County, Nevada. One plant species, wildfire, roads, development, and any other forms of Highway Administration, Federal hundred percent of this Unit is on Aviation Administration, or the Federal private lands. This Unit is currently vegetation or ground-disturbing activities. While these lands currently Emergency Management Agency). occupied and is approximately 0.5 mi Federal actions not affecting listed (0.8 km) away from Unit 14, which may have the physical and biological features essential to the conservation of species or critical habitat, and actions allow for social pollinator dispersal on State, tribal, local, or private lands between these Units. The Pines I. webberi, because of a lack of cohesive management and protections, special that are not federally funded or Powerline Unit is important to the authorized, do not require section 7 recovery of I. webberi primarily because management will be required to maintain these features in this Unit. consultation. it represents one of relatively few As a result of section 7 consultation, locations within the Great Basin where These threats should be addressed as detailed above in the ‘‘Special we document compliance with the the species is known to exist. Given the requirements of section 7(a)(2) through increasing prevalence of both site- Management Considerations or Protection’’ section. our issuance of: specific and landscape-scale threats (1) A concurrence letter for Federal operating throughout this region and Effects of Critical Habitat Designation actions that may affect, but are not specifically within areas occupied by I. likely to adversely affect, listed species Section 7 Consultation webberi (Service 2013, entire), this or critical habitat; or location and most others where the Section 7(a)(2) of the Act requires (2) A biological opinion for Federal species occurs confer redundancy Federal agencies, including the Service, actions that may affect and are likely to within the species’ distribution, thereby to ensure that any action they fund, adversely affect, listed species or critical buffering the species against the risk of authorize, or carry out is not likely to habitat. extirpation likely to result from these jeopardize the continued existence of When we issue a biological opinion threats or other less-predicable any endangered species or threatened concluding that a project is likely to stochastic events. Threats to I. webberi species or result in the destruction or jeopardize the continued existence of a in this Unit include nonnative, invasive adverse modification of designated listed species and/or destroy or plant species, wildfire, OHV and other critical habitat of such species. In adversely modify critical habitat, we

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 46874 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

provide reasonable and prudent Section 4(b)(8) of the Act requires us lost or reduced in numbers of alternatives to the project, if any are to briefly evaluate and describe, in any individuals. identifiable, that would avoid the proposed or final regulation that Exemptions likelihood of jeopardy and/or designates critical habitat, activities destruction or adverse modification of involving a Federal action that may Application of Section 4(a)(3) of the Act critical habitat. We define ‘‘reasonable destroy or adversely modify such Section 4(a)(3)(B)(i) of the Act (16 and prudent alternatives’’ (at 50 CFR habitat, or that may be affected by such U.S.C. 1533(a)(3)(B)(i)) provides that: 402.02) as alternative actions identified designation. ‘‘The Secretary shall not designate as during consultation that: Activities that may affect critical critical habitat any lands or other (1) Can be implemented in a manner habitat, when carried out, funded, or geographic areas owned or controlled by consistent with the intended purpose of authorized by a Federal agency, should the Department of Defense, or the action, result in consultation for the Ivesia designated for its use, that are subject to (2) Can be implemented consistent webberi. These activities include, but an integrated natural resources with the scope of the Federal agency’s are not limited to: management plan [INRMP] prepared legal authority and jurisdiction, (1) Actions that would lead to the under section 101 of the Sikes Act (16 (3) Are economically and destruction or alteration of plants, their U.S.C. 670a), if the Secretary determines technologically feasible, and seedbank, or their habitat; or actions in writing that such plan provides a (4) Would, in the Director’s opinion, that destroy or result in continual or benefit to the species for which critical avoid the likelihood of jeopardizing the excessive disturbance of the clay soils habitat is proposed for designation.’’ continued existence of the listed species where Ivesia webberi is found. Such There are no Department of Defense and/or avoid the likelihood of activities could include, but are not lands with a completed INRMP within destroying or adversely modifying limited to: Activities associated with the proposed critical habitat critical habitat. road construction and maintenance; designation. excessive OHV use; activies associated Reasonable and prudent alternatives Exclusions can vary from slight project with commercial and residential modifications to extensive redesign or development including roads and Application of Section 4(b)(2) of the Act relocation of the project. Costs associated infrastructure; utility Section 4(b)(2) of the Act states that associated with implementing a corridors or infrastructure; and the Secretary shall designate and make reasonable and prudent alternative are excessive livestock grazing. These revisions to critical habitat on the basis similarly variable. activities could lead to the loss of of the best available scientific data after Regulations at 50 CFR 402.16 require individuals, reduce plant numbers by taking into consideration the economic Federal agencies to reinitiate prohibiting recruitment, remove the impact, national security impact, and consultation on previously reviewed seedbank, fragment the habitat, any other relevant impact of specifying actions in instances where we have introduce nonnative, invasive species, any particular area as critical habitat. listed a new species or subsequently and alter the soil such that important The Secretary may exclude an area from designated critical habitat that may be shrink and swell processes no longer critical habitat if he determines that the affected and the Federal agency has occur. benefits of such exclusion outweigh the retained discretionary involvement or (2) Actions that would result in the benefits of specifying such area as part control over the action (or the agency’s loss of pollinators or their habitat, such of the critical habitat, unless he discretionary involvement or control is that reproduction could be diminished. determines, based on the best scientific authorized by law). Consequently, Such activities could include, but are data available, that the failure to Federal agencies sometimes may need to not limited to: Destroying ground designate such area as critical habitat request reinitiation of consultation with nesting habitat; habitat fragmentation will result in the extinction of the us on actions for which formal that prohibits pollinator movement from species. In making that determination, consultation has been completed, if one area to the next; spraying pesticides the statute on its face, as well as the those actions with discretionary that would kill pollinators; and legislative history, are clear that the involvement or control may affect eliminating other plant species on Secretary has broad discretion regarding subsequently listed species or which pollinators are reliant on for which factor(s) to use and how much designated critical habitat. floral resources (this could include the weight to give to any factor. replacement of native forb species with Under section 4(b)(2) of the Act, we Application of the ‘‘Adverse nonnative, invasive annual grasses, may exclude an area from designated Modification’’ Standard which do not provide floral resources critical habitat based on economic The key factor related to the adverse for pollinators). These activities could impacts, impacts on national security, modification determination is whether, result in reduced reproduction, fruit or any other relevant impacts. In with implementation of the proposed production, and recruitment in Ivesia considering whether to exclude a Federal action, the affected critical webberi. particular area from the designation, we habitat would continue to serve its (3) Actions that would result in identify the benefits of including the intended conservation role for the excessive plant competition at Ivesia area in the designation, identify the species. Activities that may destroy or webberi populations. These activities benefits of excluding the area from the adversely modify critical habitat are could include, but are not limited to, designation, and evaluate whether the those that alter the physical or using highly competitive species in benefits of exclusion outweigh the biological features to an extent that restoration efforts or creating benefits of inclusion. If the analysis appreciably reduces the conservation disturbances that allow nonnative, indicates that the benefits of exclusion value of critical habitat for Ivesia invasive species such as Bromus outweigh the benefits of inclusion, the webberi. As discussed above, the role of tectorum, Poa bulbosa, and Secretary may exercise his discretion to critical habitat is to support life-history Taeniatherum caput-medusae. These exclude the area only if such exclusion needs of the species and provide for the activities could cause I. webberi to be would not result in the extinction of the conservation of the species. outcompeted and subsequently either species.

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46875

Exclusions Based on Economic Impacts designation does not include any tribal reduce burdens and maintain flexibility Under section 4(b)(2) of the Act, we lands or trust resources. We anticipate and freedom of choice for the public consider the economic impacts of no impact on tribal lands, partnerships, where these approaches are relevant, specifying any particular area as critical or HCPs from this proposed critical feasible, and consistent with regulatory habitat. In order to consider economic habitat designation. Accordingly, the objectives. E.O. 13563 emphasizes further that regulations must be based impacts, we are preparing an analysis of Secretary does not intend to exercise his on the best available science and that the economic impacts of the proposed discretion to exclude any areas from the the rulemaking process must allow for critical habitat designation and related final designation based on other public participation and an open factors. Many of the units, as proposed, relevant impacts. exchange of ideas. We have developed include private lands. Federal lands Peer Review this rule in a manner consistent with with special use permits for In accordance with our joint policy on these requirements. development, grazing permits, and peer review published in the Federal recreational uses are also included. Regulatory Flexibility Act (5 U.S.C. 601 Register on July 1, 1994 (59 FR 34270), State parcels are included where et seq.) we will seek the expert opinions of at hunting or recreational activities occur. least three appropriate and independent Under the Regulatory Flexibility Act These areas and activities will be specialists regarding this proposed rule. (RFA; 5 U.S.C. 601 et seq.) as amended evaluated in a draft economic analysis. The purpose of peer review is to ensure by the Small Business Regulatory During the development of a final that our critical habitat designation is Enforcement Fairness Act of 1996 designation, we will consider economic based on scientifically sound data, and (SBREFA; 5 U.S.C 801 et seq.), impacts based on information in our analyses. We have invited these peer whenever an agency is required to economic analysis, public comments, reviewers to comment during this publish a notice of rulemaking for any and other new information, and areas public comment period. proposed or final rule, it must prepare may be excluded from the final critical We will consider all comments and and make available for public comment habitat designation under section 4(b)(2) information received during this a regulatory flexibility analysis that of the Act and our implementing comment period on this proposed rule describes the effects of the rule on small regulations at 50 CFR 424.19. during our preparation of a final entities (small businesses, small Exclusions Based on National Security determination. Accordingly, the final organizations, and small government Impacts decision may differ from this proposal. jurisdictions). However, no regulatory flexibility analysis is required if the Under section 4(b)(2) of the Act, we Public Hearings head of the agency certifies the rule will consider whether there are lands where Section 4(b)(5) of the Act provides for not have a significant economic impact a national security impact might exist. one or more public hearings on this on a substantial number of small In preparing this proposal, we have proposal, if requested. Requests must be entities. The SBREFA amended the RFA determined that the lands within the received within 45 days after the date of to require Federal agencies to provide a proposed designation of critical habitat publication of this proposed rule in the certification statement of the factual for Ivesia webberi are not owned or Federal Register. Such requests must be basis for certifying that the rule will not managed by the Department of Defense sent to the address shown in FOR have a significant economic impact on or Department of Homeland Security, FURTHER INFORMATION CONTACT. We will a substantial number of small entities. and, therefore, we anticipate no impact schedule public hearings on this According to the Small Business on national security. Consequently, the proposal, if any are requested, and Administration, small entities include Secretary is not intending to exercise his small organizations such as announce the dates, times, and places of discretion to exclude any areas from the independent nonprofit organizations; those hearings, as well as how to obtain final designation based on impacts on small governmental jurisdictions, reasonable accommodations, in the national security. including school boards and city and Federal Register and local newspapers town governments that serve fewer than Exclusions Based on Other Relevant at least 15 days before the hearing. 50,000 residents; and small businesses Impacts Required Determinations (13 CFR 121.201). Small businesses Under section 4(b)(2) of the Act, we include such businesses as Regulatory Planning and Review consider any other relevant impacts, in manufacturing and mining concerns (Executive Orders 12866 and 13563) addition to economic impacts and with fewer than 500 employees, impacts on national security. We Executive Order 12866 provides that wholesale trade entities with fewer than consider a number of factors, including the Office of Information and Regulatory 100 employees, retail and service whether the landowners have developed Affairs (OIRA) in the Office of businesses with less than $5 million in any HCPs or other management plans Management and Budget will review all annual sales, general and heavy for the area, or whether there are significant rules. The Office of construction businesses with less than conservation partnerships that would be Information and Regulatory Affairs has $27.5 million in annual business, encouraged by designation of, or determined that this rule is not special trade contractors doing less than exclusion from, critical habitat. In significant. $11.5 million in annual business, and addition, we look at any tribal issues, Executive Order 13563 reaffirms the forestry and logging operations with and consider the government-to- principles of E.O. 12866 while calling fewer than 500 employees and annual government relationship of the United for improvements in the nation’s business less than $7 million. To States with tribal entities. We also regulatory system to promote determine whether small entities may consider any social impacts that might predictability, to reduce uncertainty, be affected, we will consider the types occur because of the designation. and to use the best, most innovative, of activities that might trigger regulatory In preparing this proposal, we have and least burdensome tools for impacts under this designation as well determined that there are currently no achieving regulatory ends. The as types of project modifications that HCPs or other management plans for executive order directs agencies to may result. In general, the term Ivesia webberi, and the proposed consider regulatory approaches that ‘‘significant economic impact’’ is meant

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 46876 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

to apply to a typical small business regulated entities under the RFA and provided annually to State, local, and firm’s business operations. relevant case law, this designation of tribal governments under entitlement Importantly, the incremental impacts critical habitat will directly regulate authority,’’ if the provision would of a rule must be both significant and only Federal agencies, which are not by ‘‘increase the stringency of conditions of substantial to prevent certification of the definition small business entities. And assistance’’ or ‘‘place caps upon, or rule under the RFA and to require the as such, we certify that, if promulgated, otherwise decrease, the Federal preparation of an initial regulatory this designation of critical habitat would Government’s responsibility to provide flexibility analysis. If a substantial not have a significant economic impact funding,’’ and the State, local, or tribal number of small entities are affected by on a substantial number of small governments ‘‘lack authority’’ to adjust the proposed critical habitat business entities. Therefore, an initial accordingly. At the time of enactment, designation, but the per-entity economic regulatory flexibility analysis is not these entitlement programs were: impact is not significant, the Service required. However, though not Medicaid; Aid to Families With may certify. Likewise, if the per-entity necessarily required by the RFA, in our Dependent Children work programs; economic impact is likely to be draft economic analysis for this Child Nutrition; Food Stamps; Social significant, but the number of affected proposal, we will consider and evaluate Services Block Grants; Vocational entities is not substantial, the Service the potential effects to third parties that Rehabilitation State Grants; Foster Care, may also certify. may be involved with consultations Adoption Assistance, and Independent Under the RFA, as amended, and with Federal action agencies related to Living; Family Support Welfare following recent court decisions, this action. Services; and Child Support Federal agencies are required to Enforcement. ‘‘Federal private sector evaluate the potential incremental Energy Supply, Distribution, or Use— Executive Order 13211 mandate’’ includes a regulation that impacts of rulemaking only on those ‘‘would impose an enforceable duty entities directly regulated by the Executive Order 13211 (Actions upon the private sector, except (i) a rulemaking itself, and not the potential Concerning Regulations That condition of Federal assistance or (ii) a impacts to indirectly affected entities. Significantly Affect Energy Supply, duty arising from participation in a The regulatory mechanism through Distribution, or Use) requires agencies voluntary Federal program.’’ which critical habitat protections are to prepare Statements of Energy Effects The designation of critical habitat realized is section 7 of the Act, which when undertaking certain actions. We does not impose a legally binding duty requires Federal agencies, in do not expect the designation of this on non-Federal Government entities or consultation with the Service, to ensure proposed critical habitat to significantly private parties. Under the Act, the only that any action authorized, funded, or affect energy supplies, distribution, or regulatory effect is that Federal agencies carried by the Agency is not likely to use because of the small area of adversely modify critical habitat. proposed critical habitat (total area of must ensure that their actions do not Therefore, only Federal action agencies 2,011 ac (814 ha)) and lack of known destroy or adversely modify critical are directly subject to the specific significant energy supplies within the habitat under section 7. While non- regulatory requirement (avoiding proposed critical habitat. Therefore, this Federal entities that receive Federal destruction and adverse modification) action is not a significant energy action, funding, assistance, or permits, or that imposed by critical habitat designation. and no Statement of Energy Effects is otherwise require approval or Under these circumstances, our position required. However, we will further authorization from a Federal agency for is that only Federal action agencies will evaluate this issue as we conduct our an action, may be indirectly impacted be directly regulated by this economic analysis, and review and by the designation of critical habitat, the designation. Therefore, because Federal revise this assessment as warranted. legally binding duty to avoid agencies are not small entities, the destruction or adverse modification of Unfunded Mandates Reform Act (2 Service may certify that the proposed critical habitat rests squarely on the U.S.C. 1501 et seq.) critical habitat rule will not have a Federal agency. Furthermore, to the significant economic impact on a In accordance with the Unfunded extent that non-Federal entities are substantial number of small entities. Mandates Reform Act (2 U.S.C. 1501 et indirectly impacted because they We acknowledge, however, that in seq.), we make the following findings: receive Federal assistance or participate some cases, third-party proponents of (1) This rule will not produce a in a voluntary Federal aid program, the the action subject to permitting or Federal mandate. In general, a Federal Unfunded Mandates Reform Act would funding may participate in a section 7 mandate is a provision in legislation, not apply, nor would critical habitat consultation, and thus may be indirectly statute, or regulation that would impose shift the costs of the large entitlement affected. We believe it is good policy to an enforceable duty upon State, local, or programs listed above onto State assess these impacts if we have tribal governments, or the private sector, governments. sufficient data before us to complete the and includes both ‘‘Federal (2) We do not believe that this rule necessary analysis, whether or not this intergovernmental mandates’’ and will significantly or uniquely affect analysis is strictly required by the RFA. ‘‘Federal private sector mandates.’’ small governments because it will not While this regulation does not directly These terms are defined in 2 U.S.C. produce a Federal mandate of $100 regulate these entities, in our draft 658(5)–(7). ‘‘Federal intergovernmental million or greater in any year, that is, it economic analysis we will conduct a mandate’’ includes a regulation that is not a ‘‘significant regulatory action’’ brief evaluation of the potential number ‘‘would impose an enforceable duty under the Unfunded Mandates Reform of third parties participating in upon State, local, or tribal governments’’ Act. The designation of critical habitat consultations on an annual basis in with two exceptions. It excludes ‘‘a imposes no obligations on State or local order to ensure a more complete condition of Federal assistance.’’ It also governments and, as such, a Small examination of the incremental effects excludes ‘‘a duty arising from Government Agency Plan is not of this proposed rule in the context of participation in a voluntary Federal required. However, we will further the RFA. program,’’ unless the regulation ‘‘relates evaluate this issue as we conduct our In conclusion, we believe that, based to a then-existing Federal program economic analysis, and review and on our interpretation of directly under which $500,000,000 or more is revise this assessment if appropriate.

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46877

Takings—Executive Order 12630 (because these local governments no Register on October 25, 1983 (48 FR In accordance with Executive Order longer have to wait for case-by-case 49244). This position was upheld by the 12630 (‘‘Government Actions and section 7 consultations to occur). U.S. Court of Appeals for the Ninth Where State and local governments Interference With Constitutionally Circuit (Douglas County v. Babbitt, 48 require approval or authorization from a Protected Private Property Rights’’), this F.3d 1495 (9th Cir. 1995), cert. denied Federal agency for actions that may rule is not anticipated to have 516 U.S. 1042 (1996)). affect critical habitat, consultation significant takings implications. As under section 7(a)(2) would be required. Government-to-Government discussed above, the designation of While non-Federal entities that receive Relationship With Tribes critical habitat affects only Federal Federal funding, assistance, or permits, In accordance with the President’s actions. Critical habitat designation does or that otherwise require approval or memorandum of April 29, 1994 not affect landowner actions that do not authorization from a Federal agency for (Government-to-Government Relations require Federal funding or permits, nor an action, may be indirectly impacted with Native American Tribal does it preclude development of habitat by the designation of critical habitat, the Governments; 59 FR 22951), Executive conservation programs or issuance of legally binding duty to avoid Order 13175 (Consultation and incidental take permits to permit actions destruction or adverse modification of Coordination With Indian Tribal that do require Federal funding or critical habitat rests squarely on the Governments), and the Department of permits to go forward. Due to current Federal agency. the Interior’s manual at 512 DM 2, we public knowledge of the species readily acknowledge our responsibility protections and the prohibition against Civil Justice Reform—Executive Order to communicate meaningfully with take of the species both within and 12988 recognized Federal Tribes on a outside of the proposed areas, we do not In accordance with Executive Order government-to-government basis. In anticipate that property values will be 12988 (Civil Justice Reform), the Office accordance with Secretarial Order 3206 affected by the critical habitat of the Solicitor has determined that the of June 5, 1997 (American Indian Tribal designation. However, we have not yet rule does not unduly burden the judicial Rights, Federal-Tribal Trust completed the economic analysis for system and that it meets the Responsibilities, and the Endangered this proposed rule. Once the economic requirements of sections 3(a) and 3(b)(2) Species Act), we readily acknowledge analysis is available, we will review and of the Order. We have proposed our responsibilities to work directly revise this preliminary assessment as designating critical habitat in with tribes in developing programs for warranted, and prepare a Takings accordance with the provisions of the healthy ecosystems, to acknowledge that Implication Assessment. Act. To assist the public in tribal lands are not subject to the same Federalism—Executive Order 13132 understanding the habitat needs of the controls as Federal public lands, to species, the rule identifies the elements remain sensitive to Indian culture, and In accordance with E.O. 13132 of physical or biological features (Federalism), this proposed rule does to make information available to tribes. essential to the conservation of the We have determined that there are no not have significant Federalism effects. species. The designated areas of critical tribal lands occupied by Ivesia webberi A Federalism assessment is not habitat are presented on maps, and the at the time of listing that contain the required. In keeping with Department of rule provides several options for the features essential for conservation of the the Interior policy, we request interested public to obtain more species, and no tribal lands that are information from, and coordinated detailed location information, if desired. unoccupied by the I. webberi that are development of this proposed critical essential for the conservation of the habitat designation with, appropriate Paperwork Reduction Act of 1995 (44 species. Therefore, we are not proposing State resource agencies in California and U.S.C. 3501 et seq.) to designate critical habitat for I. Nevada. From a federalism perspective, This proposed rule does not contain webberi on tribal lands. the designation of critical habitat any new collections of information that directly affects only the responsibilities require approval by OMB under the Clarity of the Rule of Federal agencies. The Act imposes no Paperwork Reduction Act of 1995 (44 We are required by Executive Orders other duties with respect to critical U.S.C. 3501 et seq.). This rule will not 12866 and 12988 and by the habitat, either for States and local impose recordkeeping or reporting Presidential Memorandum of June 1, governments, or for anyone else. As a requirements on State or local 1998, to write all rules in plain result, the rule does not have substantial governments, individuals, businesses, or language. This means that each rule we direct effects either on the States, or on organizations. An agency may not publish must: the relationship between the national conduct or sponsor, and a person is not (1) Be logically organized; government and the States, or on the required to respond to, a collection of (2) Use the active voice to address distribution of powers and information unless it displays a readers directly; responsibilities among the various currently valid OMB control number. (3) Use clear language rather than levels of government. The designation jargon; may have some benefit to these National Environmental Policy Act (42 (4) Be divided into short sections and governments because the areas that U.S.C. 4321 et seq.) sentences; and contain the features essential to the It is our position that, outside the (5) Use lists and tables wherever conservation of the species are more jurisdiction of the U.S. Court of Appeals possible. clearly defined, and the physical and for the Tenth Circuit, we do not need to If you feel that we have not met these biological features of the habitat prepare environmental analyses requirements, send us comments by one necessary to the conservation of the pursuant to the National Environmental of the methods listed in the ADDRESSES species are specifically identified. This Policy Act (NEPA; 42 U.S.C. 4321 et section. To better help us revise the information does not alter where and seq.) in connection with designating rule, your comments should be as what federally sponsored activities may critical habitat under the Act. We specific as possible. For example, you occur. However, it may assist these local published a notice outlining our reasons should tell us the numbers of the governments in long-range planning for this determination in the Federal sections or paragraphs that are unclearly

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 46878 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

written, which sections or sentences are § 17.96 Critical habitat—plants. Ivesia webberi populations and are too long, the sections where you feel (a) Flowering plants. likely important in the maintenance of lists or tables would be useful, etc. * * * * * the seedbank and population recruitment. References Cited Family Rosaceae: Ivesia webberi (Webber’s ivesia) (B) Suitable soils that can include (but A complete list of references cited in (1) Critical habitat units are depicted are not limited to): Reno—a fine, this rulemaking is available on the for Plumas, Lassen, and Sierra Counties, smectitic, mesic Abruptic Xeric Internet at http://www.regulations.gov California, and Washoe and Douglas Argidurid; Xman—a clayey, smectitic, and upon request from the Nevada Fish Counties, Nevada, on the maps below. mesic, shallow Xeric Haplargids; Aldi— and Wildlife Office (see FOR FURTHER (2) Within these areas, the primary a clayey, smectitic, frigid Lithic Ultic INFORMATION CONTACT). constituent elements of the physical or Argixerolls; and Barshaad—a fine, biological features essential to the smectitic, mesic Aridic Palexeroll. Authors conservation of Ivesia webberi consist of (3) Critical habitat does not include manmade structures (such as buildings, The primary authors of this proposed four components: (i) Plant community. aqueducts, runways, roads, and other rulemaking are the staff members of the paved areas) and the land on which they Nevada Fish and Wildlife Office. (A) Open to sparsely vegetated areas composed of generally short-statured are located existing within the legal List of Subjects in 50 CFR Part 17 associated plant species. boundaries on [INSERT EFFECTIVE (B) Presence of appropriate associated DATE OF FINAL RULE]. Endangered and threatened species, species that can include (but are not (4) Critical habitat map units. Data Exports, Imports, Reporting and limited to): Antennaria dimorpha, layers defining map units were created recordkeeping requirements, Artemisia arbuscula, Balsamorhiza on the base of both satellite imagery Transportation. hookeri, Elymus elymoides, Erigeron (ESRI ArcGIS Imagery Basemap) as well as USGS geospatial quadrangle maps Proposed Regulation Promulgation bloomeri, Lewisia rediviva, Poa secunda, and Viola beckwithii. and were mapped using NAD 83 Accordingly, we propose to amend (C) An intact assemblage of Universal Transverse Mercator (UTM), part 17, subchapter B of chapter I, title appropriate associated species to attract zone 11N coordinates. The maps in this 50 of the Code of Federal Regulations, the floral visitors that may be acting as entry, as modified by any accompanying as set forth below: pollinators of Ivesia webberi. regulatory text, establish the boundaries (ii) Topography. of the critical habitat designation. The PART 17—ENDANGERED AND Flats, benches, or terraces that are coordinates or plot points or both on THREATENED WILDLIFE AND PLANTS generally above or adjacent to large which each map is based are available valleys. Occupied sites vary from to the public at the Service’s internet ■ 1. The authority citation for part 17 slightly concave to slightly convex or site, (http://www.fws.gov/nevada/), continues to read as follows: gently sloped (0–15°) and occur on all http://www.regulations.gov at Docket aspects. No. FWS–R8–ES–2013–0080 and at the Authority: 16 U.S.C. 1361–1407; 1531– (iii) Elevation. field office responsible for this 1544; and 4201–4245; unless otherwise Elevations between 4,475 and 6,237 ft designation. You may obtain field office noted. (1,364 and 1,901 m). location information by contacting one ■ 2. In § 17.96, amend paragraph (a) by (iv) Suitable soils and hydrology. of the Service regional offices, the adding an entry for ‘‘Ivesia webberi (A) Vernally moist soils with an addresses of which are listed at 50 CFR (Webber’s ivesia),’’ in alphabetical order argillic horizon that shrink and swell 2.2. under Family Rosaceae, to read as upon drying and wetting; these soil (5) Note: Index map follows: follows: conditions are characteristic of known BILLING CODE 4310–55–P

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46879

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00057 Fmt 4702 Sfmt 4725 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP02AU13.028 46880 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

(6) Unit 1, Sierra Valley: Critical (i) Unit 1 includes 274 ac (111 ha). habitat for Ivesia webberi, Plumas (ii) Note: A map of Unit 1 follows: County, California.

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4725 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP02AU13.029 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46881

(7) Unit 2, Constantia: Critical habitat (i) Unit 2 includes 155 ac (63 ha). for Ivesia webberi, Lassen County, (ii) Note: A map of Unit 2 follows: California.

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00059 Fmt 4702 Sfmt 4725 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP02AU13.030 46882 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

(8) Unit 3, East of HJWA—Evans WA: Critical habitat for Ivesia webberi, (ii) Note: A map of Units 3 and 4 Canyon and Unit 4, Hallelujah Junction Lassen and Sierra Counties, California. follows: (i) Unit 3 includes 122 ac (49 ha) and Unit 4 includes 69 ac (28 ha).

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00060 Fmt 4702 Sfmt 4725 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP02AU13.031 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46883

(9) Unit 5, Subunit 5a, Dog Valley (i) Subunit 5a includes 386 ac (156 (ii) Note: A map of Unit 5 (Subunits Meadow; and Subunit 5b, Upper Dog ha) and Subunit 5b includes 29 ac (12 5a and 5b) follows: Valley: Critical habitat for Ivesia ha). Combined, Unit 5 includes 415 ac webberi, Sierra County, California. (168 ha).

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00061 Fmt 4702 Sfmt 4725 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP02AU13.032 46884 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

(10) Unit 6, White Lake Overlook, Stateline Road 1, Washoe County, Subunit 7b includes 68 ac (27 ha), Unit Sierra County, California; Unit 7, Nevada; and Unit 10, Stateline Road 2, 8 includes 62 ac (25 ha), Unit 9 includes Subunit 7a, Mules Ear Flat, Sierra Washoe County, Nevada: Critical habitat 132 ac (53 ha), and Unit 10 includes 65 County, California; Unit 7, Subunit 7b, for Ivesia webberi, Sierra County, ac (26 ha). Three Pine Flat and Jeffery Pine Saddle, California, and Washoe County, Nevada. (ii) Note: A map of Units 6 through 10 Washoe County, Nevada; Unit 8, Ivesia (i) Unit 6 includes 109 ac (44 ha), follows: Flat, Washoe County, Nevada; Unit 9, Subunit 7a includes 65 ac (27 ha),

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00062 Fmt 4702 Sfmt 4725 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP02AU13.033 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46885

(11) Unit 11, Hungry Valley: Critical (i) Unit 11 includes 56 ac (23 ha). habitat for Ivesia webberi, Washoe (ii) Note: A map of Unit 11 follows: County, Nevada.

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00063 Fmt 4702 Sfmt 4725 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP02AU13.034 46886 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

(12) Unit 12, Black Springs and Unit (i) Unit 12 includes 140 ac (57 ha) and (ii) Note: A map of Units 12 and 13 13, Raleigh Heights: Critical habitat for Unit 13 includes 177 ac (72 ha). follows: Ivesia webberi, Washoe County, Nevada.

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00064 Fmt 4702 Sfmt 4725 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP02AU13.035 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46887

(13) Unit 14, Dutch Louie Flat and habitat for Ivesia webberi, Washoe (ii) Note: A map of Units 14 and 15 Unit 15, The Pines Powerline: Critical County, Nevada. follows: (i) Unit 14 includes 56 ac (23 ha) and Unit 15 includes 32 ac (13 ha).

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00065 Fmt 4702 Sfmt 4725 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP02AU13.036 46888 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules

(14) Unit 16, Dante Mine Road: (i) Unit 16 includes 14 ac (6 ha). Critical habitat for Ivesia webberi, (ii) Note: A map of Unit 16 follows: Douglas County, Nevada.

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS EP02AU13.037 Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46889

* * * * * attend and participate in the public on biological vulnerability and threats Dated: July 23, 2013. hearing should contact Jeannie Stafford, to support preparation of a listing Rachel Jacobsen, Nevada Fish and Wildlife Office, as proposal, but for which development of soon as possible (see FOR FURTHER a listing regulation has been precluded Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. INFORMATION CONTACT). by other higher-priority listing activities. This rule reassesses all [FR Doc. 2013–18583 Filed 8–1–13; 8:45 am] ADDRESSES: You may submit comments currently available information BILLING CODE 4310–55–C by one of the following methods: (1) Electronically: Go to the Federal regarding status of and threats to I. eRulemaking Portal: http:// webberi. Elsewhere in today’s Federal DEPARTMENT OF THE INTERIOR www.regulations.gov. In the Search box, Register, we propose to designate enter FWS–R8–ES–2013–0079, which is critical habitat for I. webberi under the Fish and Wildlife Service the docket number for this rulemaking. Act. Then, in the Search panel on the left The basis for our action. Under the 50 CFR Part 17 side of the screen, under the Document Act, we can determine that a species is Type heading, click on the Proposed an endangered or threatened species [FWS– R8–ES–2013–0079; 4500030113] Rules link to locate this document. You based on any of five factors: (A) The RIN 1018–AZ12 may submit a comment by clicking on present or threatened destruction, ‘‘Comment Now!’’ modification, or curtailment of its Endangered and Threatened Wildlife (2) By hard copy: Submit by U.S. mail habitat or range; (B) Overutilization for and Plants; 12-Month Finding and or hand-delivery to: Public Comments commercial, recreational, scientific, or Candidate Removal for Potentilla Processing, Attn: FWS–R8–ES–2013– educational purposes; (C) Disease or basaltica; Proposed Threatened 0079; Division of Policy and Directives predation; (D) The inadequacy of Species Status for Ivesia webberi Management; U.S. Fish and Wildlife existing regulatory mechanisms; or (E) Other natural or manmade factors AGENCY: Fish and Wildlife Service, Service; 4401 N. Fairfax Drive, MS affecting its continued existence. We Interior. 2042–PDM; Arlington, VA 22203. We request that you send comments find Ivesia webberi is subject to the ACTION: 12-month petition finding; only by the methods described above. present or threatened destruction, proposed rule. We will post all comments on http:// modification, or curtailment of its SUMMARY: We, the U.S. Fish and www.regulations.gov. This generally habitat (Factor A) from the following: Wildlife Service (Service), announce a means that we will post any personal Nonnative, invasive plants; modified 12-month finding on a petition to list information you provide us (see the fire regime (increased wildfire); OHV the plant Potentilla basaltica (Soldier Public Comments section below for use and roads; development; livestock Meadow cinquefoil) as an endangered or more information). grazing; and climate change. threatened species. After review of the FOR FURTHER INFORMATION CONTACT: We will seek peer review. We are best available scientific information, we Edward D. Koch, State Supervisor, U.S. seeking all comments, including those find that listing Potentilla basaltica as Fish and Wildlife Service, Nevada Fish from independent specialists to ensure an endangered or threatened species and Wildlife Office, 1340 Financial that our designation is based on under the Endangered Species Act (Act) Boulevard, Suite 234, Reno, NV 89502, scientifically sound data, assumptions, is no longer warranted, and, therefore, by telephone 775–861–6300, or by and analyses. We will invite these peer we are removing this species from the facsimile 775–861–6301. Persons who reviewers to comment on our listing candidate list. We propose to list the use a telecommunications device for the proposal for Ivesia webberi. A thorough plant Ivesia webberi (Webber’s ivesia) as deaf (TDD) may call the Federal review of information that we relied on a threatened species under the Act. If Information Relay Service (FIRS) at in making this determination— finalized, the effect of this regulation 800–877–8339. including information on taxonomy, life history, ecology, population distribution would be to add Ivesia webberi to the SUPPLEMENTARY INFORMATION: List of Endangered and Threatened and abundance, and potential threats— Plants and extend the Act’s protections Executive Summary is presented in the Ivesia webberi to this species. Elsewhere in today’s Why we need to publish a rule. Under Species Report available at www. Federal Register, we propose to the Act, if we find a species to be regulations.gov (Docket Number FWS– designate critical habitat under the Act endangered or threatened throughout all R8–ES–2013–0079). A summary of this for Ivesia webberi. or a significant portion of its range, we analysis is found within this proposed rule. Because we will consider all DATES: We will accept comments are required to promptly publish a received or postmarked on or before proposal in the Federal Register and comments and information received October 1, 2013. Comments submitted make a final determination on our during the comment period, our final electronically using the Federal proposal within 1 year. We designate determinations may differ from this proposal. eRulemaking Portal (see ADDRESSES critical habitat to the maximum extent section, below) must be received by prudent and determinable, for any Information Requested 11:59 p.m. Eastern Time on the closing species determined to be an endangered date. We must receive requests for or threatened species under the Act. Public Comments public hearings, in writing, at the Listing a species as an endangered or We intend that any final action address shown in FOR FURTHER threatened species and designations and resulting from this proposed rule for INFORMATION CONTACT by September 16, revisions of critical habitat can only be Ivesia webberi will be based on the best 2013. completed by issuing a rule. scientific and commercial data available Public meeting: We will hold a public What this rule does. We propose the and be as accurate and as effective as meeting on this proposed rule on listing of Ivesia webberi (Webber’s possible. Therefore, we request September 10, 2013, in Reno, NV, from ivesia) as a threatened species. Ivesia comments or information from the 4:00 to 6:00 p.m. People needing webberi is a candidate species for which public, other concerned governmental reasonable accommodations in order to we have on file sufficient information agencies, Native American tribes, the

VerDate Mar<15>2010 17:00 Aug 01, 2013 Jkt 229001 PO 00000 Frm 00067 Fmt 4702 Sfmt 4702 E:\FR\FM\02AUP1.SGM 02AUP1 emcdonald on DSK67QTVN1PROD with PROPOSALS