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B. Comment Filing Procedures the Commission has prepared an Initial does not present substantial scientific or 64. Pursuant to sections 1.415 and Regulatory Flexibility Analysis (IRFA) commercial information indicating that 1.419 of the Commission’s rules, 47 CFR of the possible significant economic listing two of the six species [Hardy’s 1.415, 1.419, interested parties may file impact on small entities of the policies aegialian scarab ( hardyi) and comments and reply comments in and rules addressed in this document. Sand Mountain serican scarab (Serica response to this Second Further Notice Written public comments are requested psammobunus)] may be warranted. of Proposed Rulemaking and Notice of in the IRFA. These comments must be However, we find that the petition Proposed Rulemaking on or before the filed in accordance with the same filing presents substantial scientific or dates indicated on the first page of this deadlines as comments filed in response commercial information indicating that document. Comments may be filed to this Second Further Notice of listing may be warranted for four of the using the Commission’s Electronic Proposed Rulemaking and Notice of six species [Crescent Dunes aegialian Comment Filing System (ECFS). See Proposed Rulemaking as set forth on the scarab (A. crescenta), Crescent Dunes Electronic Filing of Documents in first page of this document, and have a serican scarab (S. ammomenisco), large Rulemaking Proceedings, 63 FR 24121 separate and distinct heading aegialian scarab (A. magnifica), and (1998). designating them as responses to the Giuliani’s dune scarab (Pseudocotalpa • Electronic Filers: Comments may be IRFA. giuliani)]. Therefore, with the publication of this notice, we are filed electronically using the Internet by E. Paperwork Reduction Act Analysis accessing the ECFS: http:// initiating a review of the status of these fjallfoss.fcc.gov/ecfs2/. 68. The Second Further Notice of species to determine if listing these four • Paper Filers: Parties that choose to Proposed Rulemaking and Notice of species is warranted. To ensure that the file by paper must file an original and Proposed Rulemaking contain proposed status reviews are comprehensive, we one copy of each filing. If more than one new information collection are requesting scientific and commercial docket or rulemaking number appears in requirements. The Commission, as part data and other information regarding the caption of this proceeding, filers of its continuing effort to reduce these four species. Based on the status must submit two additional copies for paperwork burdens, invites the general reviews, we will issue 12-month each additional docket or rulemaking public and OMB to comment on the findings on these four species, which number. information collection requirements will address whether the petitioned contained in this document, as required actions are warranted, as provided in Filings can be sent by hand or by PRA. In addition, pursuant to the the Act. messenger delivery, by commercial Small Business Paperwork Relief Act of DATES: To allow us adequate time to overnight courier, or by first-class or 2002, we seek specific comment on how overnight U.S. Postal Service mail. All conduct the status reviews, we request we might ‘‘further reduce the that we receive information on or before filings must be addressed to the information collection burden for small Commission’s Secretary, Office of the October 3, 2011. Please note that if you business concerns with fewer than 25 are using the Federal eRulemaking Secretary, Federal Communications employees.’’ Commission. Portal (see ADDRESSES section, below), • All hand-delivered or messenger- Federal Communications Commission. the deadline for submitting an delivered paper filings for the Marlene H. Dortch, electronic comment is 11:59 p.m. Commission’s Secretary must be Secretary. Eastern Time on this date. delivered to FCC Headquarters at 445 [FR Doc. 2011–19718 Filed 8–3–11; 8:45 am] ADDRESSES: You may submit 12th St., SW., Room TW–A325, BILLING CODE 6712–01–P information by one of the following Washington, DC 20554. The filing hours methods: • are 8 a.m. to 7 p.m. All hand deliveries Federal eRulemaking Portal: http:// www.regulations.gov. In the box that must be held together with rubber bands DEPARTMENT OF THE INTERIOR or fasteners. Any envelopes and boxes reads ‘‘Enter Keyword or ID,’’ enter the must be disposed of before entering the Fish and Wildlife Service Docket number for this finding, which building. is [FWS–R8–ES–2011–0041]. Check the • Commercial overnight mail (other 50 CFR Part 17 box that reads ‘‘Open for Comment/ than U.S. Postal Service Express Mail Submission,’’ and then click the Search [Docket No. FWS–R8–ES–2011–0041; MO– button. You should then see an icon that and Priority Mail) must be sent to 9300 92210–0–0008] East Hampton Drive, Capitol Heights, reads ‘‘Submit a Comment.’’ Please MD 20743. Endangered and Threatened Wildlife ensure that you have found the correct • U.S. Postal Service first-class, and Plants; 90-Day Finding on a rulemaking before submitting your Express, and Priority mail must be Petition To List Six Sand Dune comment. • U.S. mail or hand-delivery: Public addressed to 445 12th Street, SW., as Endangered or Threatened Washington, DC 20554. Comments Processing, Attn: [FWS–R8– AGENCY: Fish and Wildlife Service, ES–2011–0041]; Division of Policy and C. Accessible Formats Interior. Directives Management; U.S. Fish and 65. To request materials in accessible ACTION: Notice of petition finding and Wildlife Service; 4401 N. Fairfax Drive, formats for people with disabilities initiation of status reviews. MS 2042–PDM; Arlington, VA 22203. (braille, large print, electronic files, We will post all information we receive audio format), send an e-mail to SUMMARY: We, the U.S. Fish and on http://www.regulations.gov. This [email protected] or call the Consumer & Wildlife Service (Service), announce a generally means that we will post any Governmental Affairs Bureau at 202– 90-day finding on a petition to list six personal information you provide us 418–0530 (voice), 202–418–0432 (tty). sand dune beetles as endangered or (see the Request for Information section threatened and to designate critical below for more details). D. Regulatory Flexibility Analyses habitat under the Endangered Species After October 3, 2011, you must 66. As required by the Regulatory Act of 1973, as amended (Act). Based on submit information directly to the Field Flexibility Act of 1980, see 5 U.S.C. 604, our review, we find that the petition Office (see FOR FURTHER INFORMATION

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CONTACT section below). Please note that sand dune species is warranted, hours at the U.S. Fish and Wildlife we might not be able to address or we will propose critical habitat (see Service, Nevada Fish and Wildlife incorporate information that we receive definition in section 3(5)(A) of the Act), Office (see FOR FURTHER INFORMATION after the above requested date. under section 4 of the Act, to the CONTACT). maximum extent prudent and FOR FURTHER INFORMATION CONTACT: Jill Background Ralston, Acting State Supervisor, by determinable at the time we propose to U.S. mail at Nevada Fish and Wildlife list the species. Therefore, within the Section 4(b)(3)(A) of the Act requires Office, U.S. Fish and Wildlife Service, geographical range currently occupied that we make a finding on whether a 1340 Financial Blvd, Suite 234, Reno, by each of the four sand dune beetle petition to list, delist, or reclassify a NV 89502, by telephone at 775–861– species, we request data and species presents substantial scientific or 6300, or by facsimile at 775–861–6301. information on: commercial information indicating that If you use a telecommunications device (1) What may constitute ‘‘physical or the petitioned action may be warranted. for the deaf (TDD), please call the biological features essential to the We are to base this finding on Federal Information Relay Service conservation of the species;’’ information provided in the petition, (2) Where these features are currently (FIRS) at 800–877–8339. supporting information submitted with found; and the petition, and information otherwise SUPPLEMENTARY INFORMATION: (3) Whether any of these features may available in our files. To the maximum Request for Information require special management extent practicable, we are to make this considerations or protection. finding within 90 days of our receipt of When we make a finding that a In addition, we request data and the petition and publish our notice of petition presents substantial information on ‘‘specific areas outside the finding promptly in the Federal information indicating that listing a the geographical area occupied by the Register. species may be warranted, we are species’’ that are ‘‘essential to the Our standard for substantial scientific required to promptly review the status conservation of the species.’’ Please or commercial information within the of the species (status review). For the provide specific comments and Code of Federal Regulations (CFR) with status reviews to be complete and based information as to what, if any, critical regard to a 90-day petition finding is on the best available scientific and habitat you think we should propose for ‘‘that amount of information that would commercial information, we request designation if the species are proposed lead a reasonable person to believe that information on the Crescent Dunes for listing, and why such habitat meets the measure proposed in the petition aegialian scarab, Crescent Dunes serican the requirements of section 4 of the Act. may be warranted’’ (50 CFR 424.14(b)). scarab, large aegialian scarab, and Please include sufficient information If we find that substantial scientific or Giuliani’s dune scarab from with your submission (such as scientific commercial information was presented, governmental agencies, Native journal articles or other publications) to we are required to promptly conduct a American Tribes, the scientific allow us to verify any scientific or species status review, which we community, industry, and any other commercial information you include. subsequently summarize in our interested parties. For each of these Submissions merely stating support 12-month finding. species, we seek information on: for or opposition to the action under (1) The species’ biology, range, and consideration without providing Petition History population trends, including: supporting information, although noted, On February 2, 2010, we received a (a) Habitat requirements for feeding, will not be considered in making a petition dated January 29, 2010, from breeding, and sheltering; determination. Section 4(b)(1)(A) of the WildEarth Guardians (hereinafter (b) Genetics and ; Act directs that determinations as to referred to as the petitioner), requesting (c) Historical and current range, whether any species is an endangered or that we list six species of sand dune including distribution patterns; threatened species must be made beetles in Nevada as endangered or (d) Historical and current population ‘‘solely on the basis of the best scientific threatened with critical habitat under levels, and current and projected trends; and commercial data available.’’ the Act. The petition clearly identified and You may submit your information itself as a petition and included the (e) Past and ongoing conservation concerning these status reviews by one appropriate identification information measures for the species, its habitat, or of the methods listed in the ADDRESSES for the petitioner, as required in 50 CFR both. section. If you submit information via 424.14(a). (2) The factors that are the basis for http://www.regulations.gov, your entire In a March 12, 2010, letter to the making a listing, delisting, or submission—including any personal petitioner, we acknowledged receipt of downlisting determination for a species identifying information—will be posted the petition, and responded that we under section 4(a) of the Endangered on the Web site. If you submit a reviewed the information presented in Species Act of 1973, as amended (Act) hardcopy that includes personal the petition and determined that issuing (16 U.S.C. 1531 et seq.), which are: identifying information, you may an emergency regulation temporarily (a) The present or threatened request at the top of your document that listing the species under section 4(b)(7) destruction, modification, or we withhold this personal identifying of the Act was not necessary. We also curtailment of its habitat or range; information from public review. stated that we anticipated making an (b) Overutilization for commercial, However, we cannot guarantee that we initial finding in Fiscal Year 2010. This recreational, scientific, or educational will be able to do so. We will post all finding addresses the petition. purposes; hardcopy submissions on http:// (c) Disease or predation; www.regulations.gov. Previous Federal Actions (d) The inadequacy of existing Information and supporting The Crescent Dunes aegialian scarab regulatory mechanisms; or documentation that we received and (Aegialia crescenta), Hardy’s aegialian (e) Other natural or manmade factors used in preparing this finding is scarab (A. hardyi), large aegialian scarab affecting its continued existence. available for you to review at http:// (A. magnifica), Crescent Dunes serican If, after the status reviews, we www.regulations.gov, or you may make scarab (Serica ammomenisco), Sand determine that listing any of the four an appointment during normal business Mountain serican scarab (S.

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psammobunus), and Giuliani’s dune threatened in 1978 (43 FR 35636; Blowsand Mountains; Crescent Dunes; scarab (Pseudocotalpa giuliani) were all August 10, 1978), citing the effect of off- and Big Dune/Lava Dune) (Table 1; previously designated by the Service as road vehicle (ORV) use. The Service WildEarth Guardians 2010, p. 5). Both category 2 candidate species, then stated that ORV use compacts dead in the petition and in our files, there is defined as taxa for which the Service organic matter accumulated on dune little to no information on population had on hand information indicating that slopes and prevents its buildup, thereby sizes or population trends for any of proposing to list as endangered or destroying the larval habitat of the these sand dune beetle species. threatened was possibly appropriate, beetle. The proposal to list also found The petition provided information but for which persuasive data on that there was a lack of State or Federal regarding the six species’ ranking biological vulnerability and threats were laws protecting the species. Included in according to NatureServe (WildEarth not available to support proposed rules the proposed rule was a proposal to Guardians 2010, pp. 3–4). The (59 FR 58982; November 15, 1994). In designate critical habitat at Big Dune, petitioned sand dune beetles are all the February 28, 1996, Candidate Notice Nye County, Nevada, at the time the ranked as critically impaired at the of Review (CNOR) (61 FR 7595), we only known location for the species. global, national, or State level adopted a single category of candidate The Service withdrew the proposal to (WildEarth Guardians 2010, pp. 3–4). species defined as follows: ‘‘Those list Giuliani’s dune scarab after a While the petition states that the species for which the Service has on file temporary 2-year period mandated by ‘‘definition of ‘critically impaired’ is at sufficient information on biological Congress for proposed rules to be least equivalent to definitions of vulnerability and threat(s) to support finalized had expired (45 FR 65137; ‘endangered’ or ‘threatened’ under the issuance of a proposed rule to list but October 1, 1980). ESA [Endangered Species Act],’’ this is issuance of the proposed rule is not an appropriate comparison. Species Information precluded.’’ In previous CNORs, species According to its own Web site, matching this definition were known as The six species of sand dune beetles NatureServe’s assessment of any species category 1 candidates for listing. Thus, included in the petition and evaluated ‘‘does not constitute a recommendation the Service no longer considered in this finding are endemic, terrestrial by NatureServe for listing’’ under the category 2 species as candidates and did invertebrates of Great Basin and Mojave Act (http://www.natureserve.org/ not include them in the 1996 list or any Desert sand dunes of Nevada (Table 1). explorer/ranking.htm). In addition, subsequent CNORs. The decision to stop All of the petitioned species are from NatureServe’s assessment procedures considering category 2 species as the phylum Arthropoda, class Insecta, include ‘‘different criteria, evidence candidates was designed to reduce order Coleoptera, and family requirements, purposes and taxonomic confusion about the status of these . Three of the species are in coverage than government lists of species and to clarify that we no longer the genus Aegialia, two are in the genus endangered and threatened species, and regarded these species as candidates for Serica, and one is in the genus therefore these two types of lists should listing. Pseudocotalpa (Table 1). There are three not be expected to coincide’’ (http:// The Service proposed to list Giuliani’s distinct sand dune beetle and dune www.natureserve.org/explorer/ dune scarab as endangered or system groupings (Sand Mountain/ ranking.htm).

TABLE 1—NAMES AND LOCATIONS OF SIX SAND DUNE BEETLE SPECIES INCLUDED IN THIS FINDING

Common name Scientific name Sand dune system(s) Nevada county

Species for Which Substantial Information Indicating Listing May Be Warranted Was Not Presented in the Petition or in Service Files:

Hardy’s aegialian scarab ...... Aegialia hardyi ...... Sand Mountain ...... Churchill. Sand Mountain serican scarab ...... Serica psammobunus ...... Blowsand Mountains ......

Species for Which Substantial Information Indicating Listing May Be Warranted Was Presented in the Petition or in Service Files:

Crescent Dunes aegialian scarab ...... Aegialia crescenta ...... Crescent Dunes ...... Nye. Crescent Dunes serican scarab ...... Serica ammomenisco ...... Large aegialian scarab ...... Aegialia magnifica ...... Big Dune ...... Nye. Giuliani’s dune scarab ...... Pseudocotalpa giuliani ...... Lava Dune ......

Hardy’s aegialian scarab and the Sand 1,417.3 meters (m)) in elevation. It Mountains rise to an elevation of 4,593 Mountain serican scarab occur only at occupies approximately 12 square miles ft (1,400 m) and occupy 3.6 sq. mi (9.2 Sand Mountain and the nearby (sq. mi) (32 sq. km) on mostly Bureau sq km) (Bechtel et al. 1983, p. 477). Blowsand Mountains dune systems, of Land Management (BLM) lands, During a 1981 survey, Churchill County, Nevada (Gordon and though a portion of the dune may also Hardy’s aegialian scarab was found to be Cartwright 1977, p. 47; Bechtel et al. occur on State and private lands common in sand around the perennial 1983, p. 476; Hardy and Andrews 1987, (Bechtel et al. 1983, p. 477; Nevada shrub vegetation at the base of Sand p. 174; The Nature Conservancy (TNC) Natural Heritage Program 2006, p. 43). Mountain, but less common in similar (2004, pp. 23, 26). These two dune Blowsand Mountains is a complex of habitat at Blowsand Mountains, which systems are located approximately 30 star and linear dunes occurring partially the surveyor suspected was due to the miles (mi) (48.3 kilometer (km)) east- on Fallon Naval Air Station (NAS) lands limited area to which he had access southeast of Fallon, Churchill County, and BLM lands about 15.6 mi (25 km) (Rust 1981, pp. 13, 29). An undescribed Nevada. Sand Mountain is a star dune southwest of Sand Mountain (Bechtel et species of Serica, subsequently named (roughly star-shaped) and ranges from al. 1983, p. 477; Nachlinger et al. 2001, S. psammobunus (Sand Mountain 3,895 to 4,650 feet (ft) (1,187.2 to pp. A12–1, A12–11). Blowsand serican scarab) (Hardy and Andrews

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1987, p. 174), was found to be very no more than 1.6 to 3.3 ft (0.5 to 1.0 m) threatened species due to one or more common on both dune systems (Rust beneath the surface (Hardy and of the five factors described in section 1981, p. 14). Andrews 1987, p. 175). Plant roots on 4(a)(1) of the Act: The Crescent Dunes aegialian scarab more stable dunes provide food for (a) The present or threatened and Crescent Dunes serican scarab are some Scarabaeidae, while detritus destruction, modification, or known to occur only at Crescent Dunes collected and buried in pockets by the curtailment of its habitat or range; northwest of Tonopah, Nye County, wind provides food for detritivores (b) Overutilization for commercial, Nevada (Gordon and Cartwright 1977, p. (beetles and other that feed on recreational, scientific, or educational 45; Hardy and Andrews 1987, p. 173). decomposing organic matter) (Hardy purposes; The Crescent Dunes are a small complex and Andrews 1987, p. 175). Many (c) Disease or predation; of crescent-shaped dunes (WildEarth genera of Scarabaeidae using dune areas (d) The inadequacy of existing Guardians 2010, p. 8). The highest dune seem to be unable to survive elsewhere regulatory mechanisms; or rises to 5,000 ft (1,524 m) in elevation in desert areas, including some species (e) Other natural or manmade factors (WildEarth Guardians 2010, p. 8). These of Aegialia and Serica (Hardy and affecting its continued existence. dunes occur on BLM lands and are Andrews 1987, p. 175). In considering what factors might managed by the agency’s Battle The six beetles vary in their dispersal constitute threats, we must look beyond Mountain District, Tonopah Resource abilities. The three aegialian scarabs the mere exposure of the species to the Area (BLM 1997, p. 21). (Crescent Dunes, Hardy’s, and large) are factor to determine whether the species The petition provided no information, all flightless, a characteristic that may responds to the factor in a way that and we have no information in our files, have facilitated population isolation and causes actual impacts to the species. If on the population sizes or population resulting speciation (formation of a new there is exposure to a factor, but no trends of the Crescent Dunes aegialian species) (Rust and Hanks 1982, p. 319; response, or only a positive response, scarab or the Crescent Dunes serican Porter and Rust 1996, p. 717; Porter and that factor is not a threat. If there is scarab. Rust 1997, p. 306). Giuliani’s dune exposure and the species responds The large aegialian scarab and scarab is capable of flight (Hardy 1976, negatively, the factor may be a threat Giuliani’s dune scarab occur only at Big p. 301). We have no information on the and we then attempt to determine how Dune and Lava Dune in the Amargosa dispersal abilities of the two serican significant a threat it is. If the threat is Desert, Nye County, Nevada (Gordon scarabs (Crescent Dunes and Sand significant, it may drive or contribute to and Cartwright 1977, p. 43; Rust 1985, Mountain) in our files, nor was any the risk of extinction of the species such p. 105). These dunes are located about provided in the petition. that the species may warrant listing as 4 mi (6.4 km) apart (WildEarth Hardy’s aegialian scarab is a flightless threatened or endangered as those terms Guardians 2010, p. 15). Big Dune is a detritivore that is active in winter at are defined by the Act. This does not complex star dune that reaches 2,731 ft Sand Mountain and Blowsand necessarily require empirical proof of a (832.4 m) in elevation and extends Mountains; both adults and larvae are threat. The combination of exposure and across approximately 1.5 sq mi (3.9 sq active in months having a mean some corroborating evidence of how the km). Lava Dune is sand that is trapped monthly temperature near or below 50 species is likely impacted could suffice. at the base of a cinder cone, has an °F (10 °C) (Rust 1981, pp. 13, 27; Rust The mere identification of factors that elevation of 2,800 ft (853.4 m), and and Hanks 1982, p. 324). The Sand could impact a species negatively may covers about 1.0 sq mi (2.6 sq km) Mountain serican scarab is active in not be sufficient to compel a finding (WildEarth Guardians 2010, p. 15). Both early summer on both dune systems that listing may be warranted. The dunes are managed by the BLM (Rust 1981, p. 14; Hardy and Andrews information shall contain evidence (WildEarth Guardians 2010, p. 15). 1987, p. 174). sufficient to suggest that these factors The petition provided no information Giuliani’s dune scarab is restricted to may be operative threats that act on the on the population sizes or trends of the the vegetated sandy areas around the species to the point that the species may large aegialian scarab or the Giuliani’s base of the major dune at Big Dune (43 meet the definition of threatened or dune scarab. We have anecdotal FR 35639; August 10, 1978). Larrea endangered under the Act. information that these two beetle tridentata (creosote bush) and Petalonyx In making this 90-day finding, we species occurred in ‘‘huge’’ numbers at thurberi (sandpaper plant), common evaluated whether information Big Dune as recently as 2007 (Murphy shrubs found here, accumulate plant regarding threats to the six sand dune 2007, p. 1). We have no information in debris at their bases. This accumulated beetle species, as presented in the our files on the population trends of plant debris is an important food source petition and other information available either species. and is the larval habitat of the beetle. in our files, is substantial, thereby There is limited life history Adults of Giuliani’s dune scarab emerge indicating that the petitioned action information for the six petitioned sand in late spring and fly nightly, hovering may be warranted. Our evaluation of dune beetle species available in the over dune shrubs, and mate on the sand this information is presented below. petition, references cited in the petition, surface; the adults do not feed and Summary of Common Threats and in our files. Many genera of larvae are found beneath dune shrubs Scarabaeidae in North American (Rust 1985, p. 109). The petition identified a few threats deserts, including species of the genera as common to many of the six Aegialia and Serica, are found in sand Evaluation of Information for This petitioned sand dune beetles. The dunes (Gordon and Cartwright 1977, p. Finding petition identified the following as 42; Hardy and Andrews 1987, p. 178). Section 4 of the Act (16 U.S.C. 1533) threats to all six sand dune beetle Sand dunes supply the necessary and its implementing regulations at 50 species: Loss, degradation, and requirements of an easily penetrable CFR 424 set forth the procedures for fragmentation of habitat due to ORV substrate that provides ready access to adding a species to, or removing a recreation and potential construction of higher levels of moisture and protection species from, the Federal Lists of solar facility projects; inadequate from temperature extremes; sand is Endangered and Threatened Wildlife existing regulatory mechanisms due to easily penetrable by both larvae and and Plants. A species may be the lack of Federal or State regulatory adults, and wet sand levels are generally determined to be an endangered or protection; and increased vulnerability

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to extinction due to isolated populations species can stabilize dunes, preventing restricted to a designated trail system and limited habitat (WildEarth sand movement and altering habitat that prohibits ORV use of vegetated Guardians 2010, pp. 6–8, 11, 18, 19). functions. Invasive plant species may areas (72 FR 24253; May 2, 2007). Most These are described as general threats in also displace preferred vegetation used found during a survey at the petition, but there is little or no by beetles. Research also suggests that Sand Mountain occurred in association information in the petition that areas unprotected from ORV use contain with perennial shrub vegetation at the associates the threats with existing or much smaller populations of base of the dune and, except while probable impacts on the individual sand Coleopterans than in protected areas traveling, no species were found to dune beetle species. (Van Dam and Van Dam 2008, p. 415). inhabit open sand (Rust 1981, p. 2). On For two species, Hardy’s aegialian The petition also noted that a solar December 12, 2006, BLM implemented scarab and Sand Mountain serican energy facility has been proposed on an emergency restriction on motorized scarab, both of which are endemic to BLM lands near Crescent Dunes use on 3,985 ac (1,612 ha) of land to Sand Mountain and Blowsand (WildEarth Guardians 2010, p. 11). The prevent adverse effects to the habitat of Mountains in Churchill County, we BLM is also currently reviewing a the Sand Mountain blue butterfly have information in our files on ORV proposal to develop solar energy on (Euphilotes pallescens arenamontana) use and existing regulatory mechanisms. public land near the Big Dune Area of (72 FR 12187; March 15, 2007). These Due to the three distinct geographic Critical Environmental Concern (ACEC) restrictions reduce the route system groupings of the six petitioned species, (WildEarth Guardians 2010, p. 18). The within and outside of the SRMA from where appropriate, threats are assessed petition claims that, if the two solar an estimated 200 mi (320 km) to 21.5 mi below by dune system: Sand Mountain facilities are approved, the increased (34.4 km) (72 FR 24253; May 2, 2007). and Blowsand Mountains, Crescent activity from their construction and This returns the length of the route Dunes, and Big Dune and Lava Dune. maintenance may disturb beetles and system to about the length of the system Factor A. The Present or Threatened their habitat (WildEarth Guardians in 1980. The emergency restriction will Destruction, Modification, or 2010, p. 18). As noted above, these remain in effect until the Resource Curtailment of Its Habitat or Range threats are discussed below by dune Management Plan has been updated or system. until the Field Office Manager Information Provided in the Petition determines it is no longer needed (72 FR Evaluation of Information Provided in 12187; March 15, 2007). The Service has In general, the petition identifies ORV the Petition and in Our Files use as the most serious threat to the six found that implementation of this sand dune beetles (WildEarth Guardians Sand Mountain and Blowsand closure in 2006 effectively reduces the 2010, p. 6). The petition notes that ORV Mountains threat posed by ORVs to the Sand recreation has increased substantially Hardy’s aegialian scarab and the Sand Mountain blue butterfly’s habitat and over the past few decades, that it Mountain serican scarab occur only at ensures that further habitat destruction accounted for over 400,000 visitor days Sand Mountain and the nearby is prevented and will ensure natural on lands administered by the BLM in Blowsand Mountains, Churchill County. shrub regeneration over the long-term 2000 alone, and that the conditions of The petition provided information on (72 FR 24253; May 2, 2007). The sand dune habitats in Nevada are possible threats to these species from reduction of this ORV threat also influenced mostly by ORV use (Wildlife ORV recreation at Sand Mountain and applies to Hardy’s aegialian scarab and Action Plan Team (WAPT) 2006, p. Blowsand Mountains. In addition, we Sand Mountain serican scarab habitat at 238). have information in our files regarding Sand Mountain. Thus, the extent and The petition states that the six beetles potential impacts from the use of magnitude of potential impacts to depend on vegetation around the bases Blowsand Mountains as a military Hardy’s aegialian scarab and the Sand of the sand dunes for adult or larval bombing range. We discuss these Mountain serican scarab from ORV use forage, mating sites, and protective potential threats below. have decreased since the petition’s 2001 cover (Hardy 1976, pp. 301–302; Rust citation and are likely to remain so. In 1985, pp. 108–109; Hardy and Andrews ORV Recreation addition, the petition’s statement of 1986, p. 136; Hardy and Andrews 1987, The petition indicates that Sand closed areas as referenced in BLM pp. 175–176, 178). The petition cites Mountain is a 4,795-ac (1,941-ha) (2001) is incorrect. The BLM document several scientific studies that have designated Special Recreation (BLM 2001, p. REC–4) cites a Federal documented the severe negative impacts Management Area (SRMA) managed by Register Notice published on September that ORVs can have on in the the Stillwater Field Office of the BLM 15, 1988 (53 FR 35917). This Federal Order Coleoptera (Van Dam and Van (WildEarth Guardians 2010, p. 14). The Register Notice does not indicate closed Dam 2008, p. 411). Heavy use by ORVs petition states that ORV use can be areas to ORV use at Sand Mountain can destroy dune vegetation intense at times and that BLM has Recreation Area but indicates their use (Luckenbach and Bury 1983, p. 280; ‘‘closed’’ some areas to ORV use (BLM is limited in vegetated areas. We do not WAPT 2006, pp. 238–239), eliminating 2001, pp. REC–3, REC–4; WildEarth have information in our files on and fragmenting beetle habitat and Guardians 2010, p. 14). The petition potential violations of the 2006 ORV reactivate sand dune movement (Wiggs also states from an anonymous source restrictions. Therefore, we believe the et al. 1995, as cited by Van Dam and that ‘‘some’’ users ignore restrictions petition’s information regarding ORV Van Dam 2008, p. 411). In addition, and ride into areas that were closed in threats to these species’ habitat at Sand ORV use may disrupt beetle mating 2001 (WildEarth Guardians 2010, p. 14). Mountain is outdated and inaccurate. activity (Luckenbach and Bury 1983, p. The petition does not provide additional We discuss the adequacy of BLM’s 277), may potentially kill individual information pertaining to the number of regulation of this trail system in beetles (Van Dam and Van Dam 2008, p. or frequency with which these users protecting the habitat of the dune 416), and may facilitate the spread of violate restrictions and ride into closed beetles at Sand Mountain under Factor invasive plant species (WAPT 2006, p. areas. D below. 238). Sand dune systems are dynamic, Information in our files indicates that As indicated above, Blowsand and the establishment of invasive plant recreational ORV use is currently Mountains occur partially on Fallon

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NAS lands and partially on BLM lands the overall viability of Blowsand We have no additional information in (Nachlinger et al. 2001, pp. A12–1, Mountains was determined to be good, our files related to this potential threat. A12–11). The petition does not provide potential impacts to populations of specific information related to ORV use Hardy’s aegialian scarab and the Sand Solar Energy Development at Blowsand Mountains. Mountain serican scarab from bombing According to the petition, Tonopah According to information in our files, practice at Blowsand Mountains are Solar Energy, LLC submitted a right-of- the Blowsand Mountains occur within considered low. way application and a plan of the Fallon Range Training Complex Based on the information available in development to the BLM’s Tonopah Military Operation Area, a 26-million- the petition and our files, we have Field Office for the construction and acre (ac) (10.5-million hectare (ha)) area determined that there is not substantial operation of a solar power generation used by the Naval Strike and Air information to indicate that listing facility (Crescent Dunes Solar Energy Warfare Center (TNC 2004, p. 11). Hardy’s aegialian scarab or the Sand Because a portion of the Blowsand Mountain serican scarab located at Sand Project), associated transmission Mountains dune system is used for inert Mountain and Blowsand Mountains facilities to the Anaconda Substation and live air-to-ground ordnance drops may be warranted due to the present or located 6 mi (9.7 km) north of the by the military, much of the area is not threatened destruction, modification, or project area, and access roads (74 FR open to public access and therefore is curtailment of their habitat or range. 61364; November 24, 2009). This facility not used for ORV recreation (TNC 2004, would have a generating capacity of up Crescent Dunes p. 12). According to TNC (2004, p. 48), to 160 megawatts (MW) of electricity ‘‘The only activities that take place on The Crescent Dunes aegialian scarab based on concentrating solar power this dune system are those related to the and Crescent Dunes serican scarab occur technology. The proposed plant, military training mission of NAS only at Crescent Dunes, Nye County including the heliostat array, power Fallon.’’ Therefore, the petition’s (Gordon and Cartwright 1977, p. 44; block, and associated facilities, would assertions regarding ORV use at Hardy and Andrews 1987, p. 173). The use approximately 1,600 ac (648 ha) of Blowsand Mountains impacting Hardy’s petition provided information on BLM-managed lands northwest of aegialian scarab and the Sand Mountain possible threats from ORV use at Tonopah, Nevada. This project is serican scarab are not supported. Crescent Dunes. In addition, the petition considered a ‘‘fast-track’’ project. provided information related to According to the BLM Nevada State Bombing Range potential impacts from a solar facility Office Web site, fast-track projects are Our files indicate, as noted above, that proposed near the dunes. We discuss those where the companies involved much of the Blowsand Mountains dune these potential threats below. have demonstrated to BLM that they system is within an active practice ORV Recreation have made sufficient progress to bombing range. A conservation formally start the environmental review assessment of the Blowsand Mountains According to the petition, Crescent and public participation process. dune system has been completed by a Dunes is a designated SRMA on 3,000 Projects that were cleared for approval team comprised of individuals from the ac (1,214 ha) of public lands by the Department of the Interior by BLM, Fallon NAS, TNC, Fallon Paiute administered by the Tonopah Field December 2010 are eligible for economic Shoshone Tribe, and Walker River Office of the BLM (BLM 1997, p. 21). stimulus funding under the American Paiute Tribe (TNC 2004). Threats The SRMA is open to ORV use year- Recovery and Reinvestment Act of 2009 identified to the Blowsand Mountains round (WildEarth Guardians 2010, p. (Pub. L. 111–5). All renewable energy dune system by the assessment team 11). Though no part of the dunes is projects proposed for BLM-managed were related to ordnance drops, reserved for the protection of sensitive lands receive full environmental detonation of unexploded ordnance, species, ORVs are required to stay on reviews required by the National and invasive weed transport during the roads, trails, and unvegetated dunes Environmental Policy Act, as amended removal of ordnance (TNC 2004, p. viii). (WildEarth Guardians 2010, p. 11). The (42 U.S.C. 4321 et seq.) (BLM 2010a, p. As part of the conservation assessment, petition does not provide any specific 1). The scoping period for this project the stressors at the Blowsand Mountains information regarding impacts to the closed on December 24, 2009 (74 FR dune system (habitat for Hardy’s Crescent Dunes aegialian scarab and 61364; November 24, 2009). The aegialian scarab and the Sand Mountain Crescent Dunes serican scarab from petition claims that increased activity serican scarab) were evaluated. Only ORV use. However, the petition from construction and maintenance of direct mortality to dune biota from provided information regarding an the proposed solar array, which would ordnance drops was rated as a high- opinion from The Nature Conservancy be located adjacent to the sand dunes, severity threat, but because it was of that recreation appeared to be a high may disturb beetles and their habitat. small geographic scope, the overall priority at Crescent Dunes with no stress ranking was determined to be low regard given to protection of the unique We have no additional information in (TNC 2004, p. 48). The assessment team animals of the dune system and no our files on this potential threat other also evaluated the viability of the analysis of the impacts of ORVs to these than that a draft environmental impact Blowsand Mountains dune system species or their habitat (BLM 1994, p. 5– statement is currently being prepared based on its size outside of the heavy- 116). We are unaware of any (BLM 2010b, p. 8). effect bombing area, its condition based management plans or emergency Based on the information available in on invasive species, and its connection restrictions being placed on motorized the petition and our files, we have to a current source of sand. The use at Crescent Dunes to protect the determined that there is substantial assessment team determined it to have Crescent Dunes aegialian scarab and the information to indicate that listing the an overall viability score of ‘‘good’’ Crescent Dunes serican scarab or their Crescent Dunes aegialian scarab and based on size and condition of the habitat. The adequacy of BLM’s Crescent Dunes serican scarab located at system and its landscape context (TNC regulations regarding this trail system in Crescent Dunes may be warranted due 2004, p. 32). Because the stress ranking protecting the habitat of the dune to the present or threatened destruction, from the conservation assessment was beetles at Crescent Dunes is discussed modification, or curtailment of their considered low for ordnance drops and under Factor D below. habitat or range.

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Big Dune and Lava Dune Solar Energy Development dune scarab at Crescent Dunes and Big Dune. The large aegialian scarab and According to the petition, Pacific While ORV use occurs at Sand Giuliani’s dune scarab occur only at Big Solar Investments, Inc., submitted a Mountain, we find that the Dune and Lava Dune, Nye County right-of-way application and plan of comprehensive, mandatory route (Gordon and Cartwright 1977, p. 43; development to the BLM’s Southern restrictions put in place in 2006 (72 FR BLM 1998a, p. 3–41), which are Nevada District Office for the 12187; March 15, 2007; 72 FR 24253; managed by the Southern Nevada construction, operation, maintenance, May 2, 2007) to protect the shrub habitat District Office of the BLM. The petition and termination of a solar power used by the Sand Mountain blue provided information on possible generation facility (Amargosa North butterfly also protects the two dune threats from ORV use at Big Dune and Solar Project), transmission substation, beetles (Hardy’s aegialian scarab and and switchyard facilities (74 FR 66146; Lava Dune. In addition, the petition Sand Mountain serican scarab) as they December 14, 2009). This facility would provided information related to also depend upon this shrub habitat (see have a generating capacity of about 150 potential impacts from a solar facility also Factor D discussion). We do not MW of electricity based on have information indicating that proposed near the dunes. We discuss concentrating solar power technology these potential threats below. violations of the 2006 ORV restrictions and would be located on about 7,500 ac occur, or occur frequently enough to ORV Recreation (3,035 ha) of BLM-managed lands in the impact the shrub habitat at Sand Amargosa Valley, Nye County. A Mountain. Off Road Vehicle recreation According to information provided by portion of Big Dune lies within the does not occur throughout much of the the petition, there is an 11,600-ac proposed project area. All renewable Blowsand Mountains’ dune system (4,694-ha) Big Dune SRMA, which energy projects proposed for BLM- because much of this area is not open includes a 1,920-ac (777-ha) ACEC at managed lands receive full to public access due to its location Big Dune (BLM 1998b, pp. 7, 23; environmental reviews required by the within the Fallon Range Training WildEarth Guardians 2010, p. 18). The National Environmental Policy Act. The Complex Military Operation Area, an objective of the SRMA is to provide for scoping period for this project closed on active practice bombing range. The moderate, casual ORV use; camping; February 12, 2010 (74 FR 66146; bombing operations at the Blowsand and other casual recreation December 14, 2009). Mountains are of limited geographic opportunities. The ACEC was According to information in our files, scope, and therefore have been ranked established in 1998 to protect beetle the reconnaissance-level biological as a low stress by an interagency habitat, but only 200 ac (81 ha) of the survey completed for the plan of assessment team. For these reasons, we 1,920 ac (777 ha) ACEC were set aside development states that ‘‘due to the do not find that the petition provides specifically as beetle habitat (BLM proximity of the endemic beetles ACEC, substantial information indicating that 1998b, p. 23). This is considered it will be important to address the the Hardy’s aegialian scarab or Sand inadequate by the petitioner when potential affect [sic] of any adjacent Mountain serican scarab may be compared to the Service’s previous development to the continued habitat warranted for listing under Factor A, the proposal to list Giuliani’s dune scarab function and viability of this ACEC’’ present or threatened destruction, and designate critical habitat over the (CH2MHILL 2008, p. 3–1). We have no modification, or curtailment of their entire dune in 1978 (43 FR 35636; additional information in our files on habitat or range. August 10, 1978) (WildEarth Guardians this potential threat to the large Therefore, based on our evaluation of 2010, p. 18). In addition, ORV use is aegialian scarab and Giuliani’s dune the information available in the petition allowed on the designated route system scarab at Big Dune. and our files, we find that the petition within the 200 ac (81 ha) specified as Based on the information available in does not present substantial information beetle habitat (BLM 1998b, p. 23). the petition and our files, we have to indicate that listing Hardy’s aegialian Within the entire 1,920-ac (777-ha) determined that there is substantial scarab and the Sand Mountain serican ACEC, speed-based, competitive ORV information to indicate that listing the scarab may be warranted, but the information available in the petition and events are prohibited (BLM 1998b, p. large aegialian scarab and Giuliani’s in our files does present substantial 23). Because nonvegetated portions of dune scarab at Big Dune and Lava Dune information to indicate that listing may the Big Dune SRMA outside of may be warranted due to the present or be warranted for the Crescent Dunes designated beetle habitat are managed as threatened destruction, modification, or curtailment of their habitat or range. aegialian scarab, Crescent Dunes serican open to ORV use, the petition indicates scarab, the large aegialian scarab, and that heavy ORV use occurs over large Summary of Factor A Giuliani’s dune scarab due to the areas of the rest of Big Dune and the present or threatened destruction, immediate surrounding area (BLM We find that the petition and information in our files provide modification, or curtailment of their 1998b, p. 24; WildEarth Guardians 2010, habitat or range. p. 18). Lava Dune has no special substantial information that ORV management designation. The petition recreation is a potential threat to the Factor B. Overutilization for does not provide any specific Crescent Dunes aegialian scarab and Commercial, Recreational, Scientific, or Crescent Dunes serican scarab that information regarding impacts to the Educational Purposes occur at Crescent Dunes and to the large large aegialian scarab and Giuliani’s aegialian scarab and Giuliani’s dune Information Provided in the Petition dune scarab from ORV use at Lava scarab that occur at Big Dune and Lava The petition notes that collection of Dune. The adequacy of BLM’s Dune. We also find that the petition individuals for scientific purposes has regulations regarding ORV use at Big provides substantial information that occurred over the years, but does not Dune and Lava Dune is discussed under solar energy development may be a provide information about whether this Factor D. threat to the Crescent Dunes aegialian constitutes a threat to any of the six We have no additional information in scarab, Crescent Dunes serican scarab, sand dune beetle species (WildEarth our files related to this potential threat. large aegialian scarab, and Giuliani’s Guardians 2010, p. 7).

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Evaluation of Information Provided in of the six sand dune beetles may be species that are unique to each SRMA. the Petition and in Our Files warranted due to disease or predation. Occurrences outside of the SRMAs are discussed within this framework. The petition does not provide Factor D. The Inadequacy of Existing information that overutilization for Regulatory Mechanisms Evaluation of Information Provided in commercial, recreational, scientific, or the Petition and in Our Files Information Provided in the Petition educational purposes has negatively The petitioned dune beetles occur on Sand Mountain and Blowsand impacted any of the six petitioned Mountains beetle species. We have no information Federal lands managed either by the in our files to indicate that BLM or the Department of Defense. The Hardy’s aegialian scarab and the Sand overutilization for commercial, populations on BLM lands all occur Mountain serican scarab are known only recreational, scientific, or educational within or adjacent to areas managed from Sand Mountain and nearby purposes is a threat to any of the six primarily for ORV use and designated as Blowsand Mountains. Sand Mountain is species. SRMAs. The petition states that none of a designated SRMA managed by the Therefore, based on our evaluation of the six petitioned sand dune beetle BLM Stillwater Field Office that extends the information provided in the species has legal protection (WildEarth over 4,795 ac (1,941 ha). The petition petition, we do not consider the petition Guardians 2010, pp. 7–18). All six states that the BLM has closed some or information in our files to provide petitioned species are listed as BLM areas to ORV use (BLM 2001, pp. REC– substantial scientific or commercial sensitive species (BLM 2007, pp. J–3, J– 3 and REC–4; WildEarth Guardians information indicating that listing of 35). According to information in our 2010, p. 14). The petition also cites a any of the six petitioned beetles may be files, BLM sensitive species are defined 2009 anonymous source who stated that warranted due to overutilization for as ‘‘species that require special some ORV users have ignored these commercial, recreational, scientific, or management or considerations to avoid 2001 restrictions and ride in closed educational purposes. potential future listing’’ (BLM 2008, areas (WildEarth Guardians 2010, p. 14). Glossary p. 5). The stated objective for We have information in our files that Factor C. Disease or Predation sensitive species is to initiate proactive the ORV restrictions mentioned in the Information Provided in the Petition conservation measures that reduce or 2001 Carson City Field Office Resource eliminate threats to minimize the Management Plan (CCRMP) (BLM 2001) According to information provided by likelihood of and need for listing (BLM cited by the petition have been the petition, nighthawks (Chordeiles 2008, Section 6840.02). Conservation, as superseded by more comprehensive minor) were observed preying on it applies to BLM sensitive species, is ORV restrictions implemented in 2006 Andrew’s dune scarab (Pseudocotalpa defined as ‘‘the use of programs, plans, to prevent adverse effects to the habitat andrewsi) at Algodones Dunes in and management practices to reduce or of the Sand Mountain blue butterfly (72 southern California (Hardy and eliminate threats affecting the status of FR 12187; March 15, 2007). The Service Andrews 1986, p. 137), a dune system the species, or improve the condition of has previously found that similar to those used by the petitioned the species’ habitat on BLM- implementation of this closure, which beetles (WildEarth Guardians 2010, p. administered lands’’ (BLM 2008, includes a designated ORV route system 7). Foxes (Vulpes macrotis) and coyotes Glossary p. 2). throughout the vegetated portions of the (Canis latrans) may also prey on sand The petition also notes that although SRMA, effectively reduces the threat dune beetles (Hardy and Andrews 1986, some of the petitioned beetles may posed by ORVs to the Sand Mountain p. 137). Rust (1985, p. 109) stated that occur at ‘‘preliminary focal areas’’ blue butterfly’s habitat and ensures that no predation of Guiliani’s dune scarab identified in the Nevada Wildlife Action further habitat destruction is prevented was observed at Big Dune or Lava Dune Plan, this plan does not prescribe and will ensure, over the long-term, although many potential predators were conservation measures for sensitive natural shrub regeneration (72 FR observed. invertebrates in Nevada (WAPT 2006). 24253; May 2, 2007). The reduction of The petition states that disease is not Moreover, the petition points out that this ORV threat to the butterfly’s habitat known to be a threat to any of the six Nevada Revised Statute 501.110 also applies to this shared habitat with petitioned beetles (WildEarth Guardians provides only for the protection of Hardy’s aegialian scarab and the Sand 2010, p. 7). invertebrates classified as either Mountain serican scarab since these two Evaluation of Information Provided in mollusks or crustaceans, and not other beetles occupy similar habitat as the the Petition and in Our Files invertebrates. Under current statute, Sand Mountain blue butterfly. therefore, beetles cannot be provided The Blowsand Mountains dune The petition does not provide specific State protection (WildEarth Guardians system is under the jurisdiction of the information that predation or disease 2010, p. 7). Department of Defense and is within a has negatively impacted the six The petition provides some practice bombing range used by the petitioned sand dune beetles. While information on the Federal management Fallon NAS. The petition provides no predation of the sand dune beetles of the three SRMAs at which the dune information on the management of the would be a common occurrence, it is beetles occur (WildEarth Guardians Blowsand Mountains. As previously unknown whether predation may be 2010, pp. 11, 14–15, 18–19). Each of the noted under Factor A, information in occurring at such a level that it is SRMAs includes habitat for only two of our files states that because of its use for negatively affecting these species. We the six petitioned species and none of military bombing training operations, do not have information in our files to these species occur at more than one much of the area is not open to public indicate that predation or disease is a SRMA, although some of the six access and therefore is not used for ORV potential threat to any of these species. petitioned beetles also occur at other recreation (TNC 2004, p. 12). An Therefore, based on our evaluation of nearby dune systems. In addition, each interagency assessment team concluded the information in the petition and in of the three SRMAs has specific that while direct mortality to dune biota our files, we have determined that the management restrictions. For these from bomb drops can be severe, it was petition does not provide substantial reasons, existing regulatory mechanisms of small geographic scope within the information to indicate that listing any are more easily assessed for the pairs of Blowsand Mountains and, therefore, its

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overall stress ranking was considered were found to be valid, decisions to requirements of the beetles (BLM 1998b, low (TNC 2004, p. 48). designate ACECs were withheld and p. 23). Lands within the ACEC are Therefore, based on the information that an ACEC Plan Amendment would designated as a rights-of-way exclusion provided in the petition and available in be prepared over the next 2 years to area and are closed to locatable mineral, our files, we have determined that the address these points of protest (BLM salable mineral, and solid leasable petition does not present substantial 1997, p. 3); we have no information in mineral entry; fluid mineral leasing is information to indicate that listing the our files regarding whether this plan allowed, subject to a no-surface- Hardy’s aegialian scarab or the Sand amendment was ever prepared. Another occupancy stipulation (BLM 1998b, p. Mountain serican scarab may be commenter, The Nature Conservancy, 7). The LVRMP does not specifically warranted due to the inadequacies of expressed the opinion that recreation address management of renewable existing regulatory mechanisms. appeared to be high priority at Crescent resources such as solar energy (BLM Crescent Dunes Dunes with no regard given to 1998b). There is no livestock grazing protection of the unique animals of the within the ACEC. A BLM brochure The Crescent Dunes aegialian scarab dune system and no analysis of the states that a 5-ac (2-ha) area within the and Crescent Dunes serican scarab are impacts of ORVs to these species or ACEC on the east side of the dunes has known only from the Crescent Dunes, their habitat (BLM 1994, pp. 5–116). been set aside specifically for the where a total of 3,000 ac (1,214 ha) has The BLM responded that impacts to protection of beetle habitat (BLM 2010c, been designated as the Crescent Sand sensitive species would be addressed in p. 1). We have no information in our Dunes SRMA in the Tonopah Resource the SRMA plan (BLM 1994, pp. 5–159). files that explains the discrepancy Management Plan (TRMP) (BLM 1997, According to the petition, no between the 200 ac (81 ha) protected p. 21). The petition provides no management plan has been prepared for area identified in the LVRMP and the 5 information, nor do we have any the SRMA (WildEarth Guardians 2010, ac (2 ha) area described in the brochure. information in our files, regarding p. 11). We are unaware of any other In our files, we have correspondence whether either of these species occurs restrictions being placed on motorized that indicates that a study of the outside of the designated SRMA use at Crescent Dunes to protect the distribution of the beetles and their boundary. The Record of Decision Crescent Dunes aegialian scarab and the ecological requirements was initiated at (ROD) for the TRMP states that vehicle Crescent Dunes serican scarab or their Big Dune in 2007 (Murphy 2007, p. 1). use within the SRMA will be limited to habitat as was done at Sand Mountain This correspondence includes a existing roads and trails, although ORV to protect the Sand Mountain blue statement that the researchers were use on unvegetated areas may be butterfly and its habitat. successful in locating both endemic allowed provided that such vehicle use Therefore, based on the information scarab beetles in ‘‘huge’’ numbers is compatible with the area’s values provided in the petition and available in although ORV activities were having (BLM 1997, p. 21). The Crescent Dunes our files, we have determined that the impacts (Murphy 2007, p. 1). This SRMA is closed to competitive petition does present substantial survey information, however, is recreational events to protect sensitive information to indicate that listing the anecdotal, and we lack sufficient details resource values (BLM 1997, p. 20). Fluid Crescent Dunes aegialian scarab and the or a written report to evaluate this mineral leasing is allowed, subject to a Crescent Dunes serican scarab may be claim. We have no information on the no-surface-occupancy stipulation (BLM warranted due to the inadequacies of status of the beetles at the nearby Lava 1997, p. 21). The TRMP does not existing regulatory mechanisms. Dune, which has no special specifically address management of management designations. renewable resources such as solar Big Dune and Lava Dune Therefore, based on the information energy (BLM 1997). No specific mention The large aegialian scarab and provided in the petition and available in is made of either beetle species in the Giuliani’s dune scarab are known only our files, we have determined that the TRMP, although it states that Nevada from Big Dune and Lava Dune. petition does present substantial BLM Sensitive Species will be managed According to the petition, in the Las information to indicate that listing the to maintain or increase current Vegas Resource Management Plan large aegialian scarab and Giuliani’s population levels (BLM 1997, p. 9). We (LVRMP), the BLM designated an dune scarab may be warranted due to are not aware of any specific 11,600-ac (4,694-ha) SRMA, which the inadequacies of existing regulatory conservation actions or plans for either includes a 1,920-ac (777-ha) ACEC at mechanisms. the Crescent Dunes aegialian scarab or Big Dune (BLM 1998b, pp. 7, 23). The the Crescent Dunes serican scarab. objective of the SRMA is to provide for Summary of Factor D The petition noted that during the moderate, casual ORV use; camping; We find that the petition provides public participation process for the and other casual recreation substantial information that there may proposed TRMP, the BLM received a opportunities. The ACEC was be inadequate existing regulatory letter from the Nevada Outdoor established to protect beetle habitat. The mechanisms related to ORV use and Recreation Association, Inc. urging them management direction is to prohibit solar facility siting and, therefore, a to designate the Crescent Dunes as an ORV use within 200 ac (81 ha) of dune potential threat to the Crescent Dunes ACEC to protect endemic species, beetle habitat within the ACEC, except aegialian scarab and the Crescent Dunes including the Crescent Dunes aegialian on the designated route through it, to serican scarab that occur at Crescent scarab (BLM 1994, pp. 5–12). The BLM ensure continued survival of the native Dunes, and to the large aegialian scarab responded that a 14,000-ac (5,666 ha) beetle population. Speed-based and Giuliani’s dune scarab that occur at area at Crescent Dunes was examined competitive ORV events within the Big Dune and Lava Dune. for ACEC potential and determined not ACEC are also prohibited (BLM 1998b, While ORV use also occurs at Sand to meet the importance criterion as p. 23). Other commercial activities and Mountain (see also Factor A discussion), defined in BLM policy (BLM 1994, pp. permitted events are allowed on a case- we believe that the mandatory route 5–125); no further explanation was by-case basis. The management restrictions in place since 2006 protect provided. In the ROD for the TRMP, the direction stipulates that long-term the shrub habitat on which the two BLM stated that as a result of several recreation management within the dune beetles that occur there depend. points of protest concerning ACECs that dunes be based on the minimum habitat We do not have information indicating

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that violations of the 2006 restrictions estimates from hundreds of individuals of threats, that may be affecting a occur, or occur frequently enough to documented in 1970 to only a few particular species. However, in the impact the dune beetles’ shrub habitat. individuals by the early 1990s; no live absence of information identifying Off Road Vehicle recreation does not snails have been located in recent chance events or other threats and the occur throughout much of the Blowsand surveys (Service 2009a, p. 4). The potential for such chance events to Mountains’ dune system because much petition notes that, in the case of occur in occupied habitats, and of it is not open to public access. The Langford’s tree snail, the Service relied connecting them to a restricted bombing operations at the Blowsand on citations not specific to this species geographic range of a species, we do not Mountains are of limited geographic that state that small populations are consider chance events, restricted scope and, therefore, direct mortality to particularly vulnerable to reduced geographic range, or rarity by dune biota was given a low stress reproductive vigor caused by inbreeding themselves to be threats to a species. ranking by an interagency assessment depression, and may suffer a loss of Therefore, based on our evaluation of team. Solar facilities are not being genetic variability over time due to the information provided in the petition proposed at or near Sand Mountain or random genetic drift (WildEarth and our files, we have determined that Blowsand Mountains. For these reasons, Guardians 2010, p. 8). The petition also the petition does not present substantial we do not consider the petition to states that many species in the Great information to indicate that listing any provide substantial information that Basin and Mojave Deserts, especially of the six sand dune beetle species may listing Hardy’s aegialian scarab or the species adapted to specialized habitats be warranted due to other natural or Sand Mountain serican scarab, endemic such as sand dunes, have evolved and manmade factors affecting these species’ to Sand Mountain and the Blowsand continue to persist in isolation with continued existence. Mountains, may be warranted due to the limited distribution (Brussard et al. Finding inadequacies of existing regulatory 1998, pp. 514–520). On the basis of our determination mechanisms. Evaluation of Information Provided in under section 4(b)(3)(A) of the Act, we Therefore, based on our evaluation of the Petition and in Our Files the information available in the petition find that the petition does not present and our files, we have determined that The petition provided no population substantial scientific or commercial the petition does not present substantial estimates or trends for any of the six information indicating that listing information to indicate that listing petitioned species, nor do we have Hardy’s aegialian scarab and the Sand Hardy’s aegialian scarab and the Sand definitive population estimates or Mountain serican scarab throughout Mountain serican scarab may be trends for any of these beetles in our their entire range may be warranted. On warranted, but the information available files. We do have anecdotal information the basis of our determination under in the petition and our files does present in our files that indicates that ‘‘huge’’ section 4(b)(3)(A) of the Act, we have substantial information to indicate that populations of two scarab beetles (large determined that the petition presents listing may be warranted for the aegialian scarab and Giuliani’s dune substantial scientific or commercial Crescent Dunes aegialian scarab, scarab) were present as recently as 2007 information that listing the Crescent Crescent Dunes serican scarab, large at Big Dune (Murphy 2007, p. 1). Dunes aegialian scarab, Crescent Dunes In a genetics study of five species of aegialian scarab, and Giuliani’s dune serican scarab, large aegialian scarab, Aegialia, researchers found that three scarab, due to the inadequacies of and Giuliani’s dune scarab throughout flightless species, which included existing regulatory mechanisms. their entire range may be warranted. Hardy’s aegialian scarab and the large The petition presents substantial Factor E. Other Natural or Manmade aegialian scarab, had low genetic information indicating that listing the Factors Affecting Its Continued distance measures but relatively high Crescent Dunes aegialian scarab may be Existence estimates of gene flow (Porter and Rust warranted due to Factors A and D. The 1996, p. 719). They suggested that Information Provided in the Petition petition does not present substantial flightless Aegialia populations within information indicating that listing the The petition states that the six Great Basin dune systems may be Crescent Dunes aegialian scarab may be petitioned sand dune beetles have extremely large and have levels of gene warranted due to Factors B, C, or E. limited distribution and apparently flow high enough to maintain high The petition presents substantial small populations, increasing the genetic similarity, and therefore low information indicating that listing the likelihood of extinction (WildEarth genetic distances (Porter and Rust 1996, Crescent Dunes serican scarab may be Guadians 2010, p. 8). In support of this p. 719). warranted due to Factors A and D. The claim, the petition cites Service status Neither the petition, nor the petition does not present substantial assessments for a ground-dwelling snail information in our files, provides information indicating that listing the [Sisi (Ostodes strigatus)], and for information that directly indicates that Crescent Dunes serican scarab may be Langford’s tree snail (Partula limited distribution, in and of itself, is warranted due to Factors B, C, or E. langfordii), in which the Service found a substantial threat to the petitioned The petition presents substantial that the small number of individuals or dune beetle species. The petition does information indicating that listing the the small number of extant populations not provide information on chance large aegialian scarab may be warranted made these species more vulnerable to events or other threats to the six species due to Factors A and D. The petition extinction (Service 2009a, pp. 4–5; and connect such threats to small does not present substantial information 2009b, pp. 5–6). These assessments population numbers or restricted range indicating that listing the large aegialian differ substantially, however, from our or the potential for such threats to occur scarab may be warranted due to Factors current considerations for the six in occupied habitats in the future. B, C, or E. petitioned sand dune beetles. The total Limited distribution and small The petition presents substantial population of Sisi was estimated at population numbers or sizes are information indicating that listing fewer than 50 individuals in the early considered in determining whether the Giuliani’s dune scarab may be 1990s (Service 2009a, p. 3). In the case petition provides substantial warranted due to Factors A and D. The of Langford’s tree snail, there is a record information regarding natural or petition does not present substantial of historical declines in population anthropogenic threat, or a combination information indicating that listing

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Giuliani’s dune scarab may be DEPARTMENT OF THE INTERIOR as listed under FOR FURTHER warranted due to Factors B, C, or E. INFORMATION CONTACT. Fish and Wildlife Service Because we have found that the FOR FURTHER INFORMATION CONTACT: petition presents substantial Dave Hankla, Field Supervisor, North 50 CFR Part 17 information that listing four of the six Florida Ecological Services Office, U.S. species may be warranted, we are [Docket No. FWS–R4–ES–2011–0045; MO Fish and Wildlife Service, Attn: initiating status reviews (12-month 92210–0–0008–B2] Leatherback CH Review; by mail at 7915 findings) to determine whether listing Baymeadows Way, Suite 200, these four species under the Act is Endangered and Threatened Wildlife Jacksonville, FL 32256; by telephone (904–731–3336); by facsimile (904–731– warranted. and Plants; 90-Day Finding and 12-Month Determination on a Petition 3045); or by e-mail at The ‘‘substantial information’’ To Revise Critical Habitat for the [email protected]. If you use a standard for a 90-day finding differs Leatherback Sea Turtle telecommunications device for the deaf from the Act’s ‘‘best scientific and (TDD), please call the Federal commercial data’’ standard that applies AGENCY: Fish and Wildlife Service, Information Relay Service (FIRS) at to a status review to determine whether Interior. 800–877–8339. a petitioned action is warranted. A 90- ACTION: Notice of 90-day petition SUPPLEMENTARY INFORMATION: day finding does not constitute a status finding and notice of 12-month review under the Act. In 12-month determination. Background findings, we determine whether a Section 4(b)(3)(D) of the Act of 1973, SUMMARY: We, the U.S. Fish and petitioned action is warranted after we as amended (16 U.S.C. 1531 et seq.) Wildlife Service (Service), announce our have completed thorough status reviews requires that we make a finding on 90-day finding and 12-month whether a petition to revise critical of the species, which are conducted determination on how to proceed in following substantial 90-day findings. habitat for a species presents substantial response to a petition to revise critical scientific information indicating that the Because the Act’s standards for 90-day habitat for the leatherback sea turtle and 12-month findings are different, as revision may be warranted. In (Dermochelys coriacea) pursuant to the determining whether substantial described above, a substantial 90-day Endangered Species Act of 1973, as finding does not mean that a 12-month information exists, we take into account amended (Act). The petition asks the several factors, including information finding will result in a warranted Service and the National Marine finding. submitted with, and referenced in, the Fisheries Service (NMFS) (Services) to petition and all other information revise the existing critical habitat References Cited readily available in our files. Our listing designation for the leatherback sea turtle regulations at 50 CFR 424.14(c)(2) A complete list of references cited is by adding the coastline and offshore further require that, in making a finding available on the Internet at http:// waters of the Northeast Ecological on a petition to revise critical habitat, www.regulations.gov and upon request Corridor of Puerto Rico to the critical we consider whether the petition from the Nevada Fish and Wildlife habitat designation. Our 90-day finding contains information indicating that Office (see FOR FURTHER INFORMATION is that the petition, in conjunction with areas petitioned to be added to critical the information readily available in our CONTACT). habitat contain the physical and files, presents substantial scientific biological features essential to, and that Author information indicating that the may require special management to requested revision may be warranted. provide for, the conservation of the The primary authors of this document Our 12-month determination is that we are the staff members of the Nevada Fish species; or information indicating that intend to proceed with processing the areas currently designated as critical and Wildlife Office (see FOR FURTHER petition by assessing critical habitat INFORMATION CONTACT). habitat do not contain resources during the future planned status review essential to, or do not require special Authority for the leatherback sea turtle. management to provide for, the DATES: The finding announced in this conservation of the species involved. The authority for this action is the document was made on August 4, 2011. To the maximum extent practicable, Endangered Species Act of 1973, as ADDRESSES: This finding is available on we are to make this finding within 90 amended (U.S.C. 1531 et seq.). the Internet at http:// days of our receipt of the petition and Dated: July 21, 2011. www.regulations.gov at Docket Number publish our notice of the finding Gregory E. Siekaniec, FWS–R4–ES–2011–0045. Information promptly in the Federal Register. We and supporting documentation that we are to base this finding on information Acting Director, U.S. Fish and Wildlife received and used in preparing this provided in the petition, supporting Service. finding is available for public inspection information submitted with the petition, [FR Doc. 2011–19743 Filed 8–3–11; 8:45 am] by appointment, during normal business and information otherwise available in BILLING CODE 4310–55–P hours at the North Florida Ecological our files. If we find that a petition Services Office, U.S. Fish and Wildlife presents substantial information Service, 7915 Baymeadows Way, Suite indicating that the revision may be 200, Jacksonville, FL 32256 and at the warranted, we are required to determine U.S. Fish and Wildlife Service, how we intend to proceed with the Caribbean Ecological Services Field requested revision within 12 months Office, Road 301, Km. 5.1, Boquero´n, after receiving the petition and Puerto Rico 00622. Please submit any promptly publish notice of such new information, materials, comments, intention in the Federal Register. or questions concerning this finding to Critical habitat is defined under the above mailing address or the contact section 3(5)(A) of the Act as:

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