Reclassifying Echinocereus Fendleri Var. Kuenzleri From
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Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Proposed Rules 1677 DEPARTMENT OF THE INTERIOR We request that you send comments (4) New information on how E. only by one of the methods described fendleri var. kuenzleri responds to Fish and Wildlife Service above. We will post all comments on wildland and prescribed fire. http://www.regulations.gov. This (5) New information on the current or 50 CFR Part 17 generally means that we will post any planned activities within the range of E. [Docket No. FWS–R2–ES–2016–0137; personal information you provide us fendleri var. kuenzleri that may FXES11130900000 178 FF09E42000] (see Information Requested, below, for adversely affect or benefit the plant. more information). (6) New information or data on the RIN 1018–BB89 Copies of documents: This proposed projected and reasonably likely impacts rule and supporting documents are to E. fendleri var. kuenzleri or its habitat Endangered and Threatened Wildlife available on http://www.regulations.gov. and Plants; Reclassifying associated with climate change. In addition, the supporting file for this Please note that submissions merely Echinocereus fendleri var. kuenzleri proposed rule will be available for From Endangered to Threatened stating support for or opposition to the public inspection, by appointment, action under consideration without AGENCY: Fish and Wildlife Service, during normal business hours, at the providing supporting information, Interior. New Mexico Ecological Services Field although noted, will not be considered ACTION: Proposed rule and 12-month Office, 2105 Osuna Road NE., in making a determination, as section petition finding. Albuquerque, NM 87113; telephone 4(b)(1)(A) of the Act directs that 505–346–2525. determinations as to whether any SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: species is an endangered or threatened Wildlife Service (Service), propose to Wally Murphy, Field Supervisor, U.S. species must be made ‘‘solely on the reclassify Echinocereus fendleri var. Fish and Wildlife Service, New Mexico basis of the best scientific and kuenzleri (Kuenzler hedgehog cactus) Ecological Services Field Office, 2105 commercial data available.’’ from endangered to threatened under Osuna Road NE., Albuquerque, NM Prior to issuing a final rule on this the Endangered Species Act of 1973, as 87113; telephone 505–761–2525; proposed action, we will take into amended (Act). After review of the best facsimile 505–346–2542. If you use a consideration all comments and any available scientific and commercial telecommunications device for the deaf additional information we receive. Such information, we find that reclassifying (TDD), call the Federal Relay Service at information may lead to a final rule that E. fendleri var. kuenzleri as threatened 800–877–8339. differs from this proposal. All comments is warranted. This document also serves SUPPLEMENTARY INFORMATION: and recommendations, including names as our 12-month finding on a petition to Information Requested and addresses, will become part of the reclassify E. fendleri var. kuenzleri as administrative record. threatened. We request information and Any final action resulting from this You may submit your comments and proposed rule will be based on the best comments from the public regarding materials concerning the proposed rule scientific and commercial data available this proposed rule and our 12-month by one of the methods listed in and be as accurate as possible. finding. ADDRESSES. Comments must be Therefore, we request comments or DATES: submitted to http://www.regulations.gov To ensure that we are able to information from other concerned before 11:59 p.m. (Eastern Time) on the consider your comments on this governmental agencies, Native date specified in DATES. We will not proposed rule, they must be received or American Tribes, the scientific consider hand-delivered comments that postmarked on or before March 7, 2017. community, industry, or other we do not receive, or mailed comments We must receive requests for public interested parties concerning this that are not postmarked, by the date hearings, in writing, at the address proposed rule. The comments that will shown in FOR FURTHER INFORMATION be most useful and likely to influence specified in DATES. Please note that CONTACT by February 21, 2017. our decisions are those supported by comments posted to this Web site are ADDRESSES: Written comments: You may data or peer-reviewed studies and those not immediately viewable. When you submit comments by one of the that include citations to, and analyses submit a comment, the system receives following methods: of, applicable laws and regulations. it immediately. However, the comment (1) Electronically: Go to the Federal Please make your comments as specific will not be publicly viewable until we eRulemaking Portal: as possible and explain the basis for post it, which might not occur until http://www.regulations.gov. In the them. In addition, please include several days after submission. Search box, enter FWS–R2–ES–2016– sufficient information with your If you mail or hand-deliver hardcopy 0137, which is the docket number for comments to allow us to authenticate comments that include personal this proposed rulemaking. Then, click any scientific or commercial data you identifying information, you may on the Search button. On the resulting reference or provide. In particular, we request at the top of your document that page, in the Search panel on the left side seek comments concerning the we withhold this information from of the screen, under the Document Type following: public review. However, we cannot heading, click on the Proposed Rules (1) Reasons why we should or should guarantee that we will be able to do so. link to locate this document. You may not reclassify Echinocereus fendleri var. To ensure that the electronic docket for submit a comment by clicking on kuenzleri under the Act (16 U.S.C. 1531 this rulemaking is complete and all ‘‘Comment Now!’’ et seq.). comments we receive are publicly (2) By hard copy: Submit by U.S. mail (2) New biological or other relevant available, we will post all hardcopy or hand-delivery to: Public Comments data concerning any threat (or lack submissions on http:// Processing, Attn: FWS–R2–ES–2016– thereof) to this plant and existing www.regulations.gov. 0137; Division of Policy, Performance, regulations that may be addressing these In addition, comments and materials and Management Programs; U.S. Fish or any of the below threats. we receive, as well as supporting and Wildlife Service, MS: BPHC; 5275 (3) New information concerning the documentation we used in preparing Leesburg Pike; Falls Church, VA 22041– population size or trends of E. fendleri this proposed rule, will be available for 3803. var. kuenzleri. public inspection in two ways: VerDate Sep<11>2014 17:49 Jan 05, 2017 Jkt 241001 PO 00000 Frm 00070 Fmt 4702 Sfmt 4702 E:\FR\FM\06JAP1.SGM 06JAP1 sradovich on DSK3GMQ082PROD with PROPOSALS 1678 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Proposed Rules (1) You can view them on http:// kuenzleri is a very small member of the on private and State lands. It has also www.regulations.gov. In the Search box, cactus family (Cactaceae) that grows in been found on the west side of the enter FWS–R2–ES–2016–0137, which is Great Plains grassland, oak woodland, Sacramento Mountains in Lincoln the docket number for this rulemaking. or pinon-juniper woodland within County (Knight 1999), and on USDA- (2) You can make an appointment, elevations of 1,600 to 2,000 meters Forest Service and USDI–BLM lands in during normal business hours, to view (5,200 to 6,600 feet). Individuals may be the northern Guadalupe Mountains in the comments and materials in person at single stemmed or branched; when Eddy and Otero Counties (Chauvin et al. the U.S. Fish and Wildlife Service’s branched, the stems are usually fewer 2001, Sivinski 1996). Populations are New Mexico Ecological Services Field than four, but may number as many as not continuous within this range, but Office (see ADDRESSES). eight (Service 1985, p. 3). Stems are are patchy, scattered, and rare. Some have questioned the taxonomic Public Hearing normally short-conical, about 15 centimeters (cm) (6 inches (in)) long and status of Echinocereus fendleri var. Section 4(b)(5)(E) of the Act provides 10 cm (4 in) wide, with 9 to 12 ribs with kuenzleri, by considering it to be a for one or more public hearings on this prominent tubercles from which the synonym of the common and proposed rule, if requested. We must spine clusters originate, and central widespread E. fendleri var. fendleri receive requests for public hearings, in spines are usually absent (Castetter et al. (Anderson 2001, Zimmerman and Parfitt writing, at the address shown in FOR 1976, pp. 76–82, Service 1985, p. 3). 2003). However, other assessments by FURTHER INFORMATION CONTACT by the Useful characteristics to distinguish the local experts acknowledged that at the date shown in DATES. We will schedule taxon from other cacti within its range northwest edge of the cactus’ range, public hearings on this proposal, if any are its few, contorted, white, chalky- within one of the 11 known are requested, and places of those textured spines and large, magenta populations, E. fendleri var. kuenzleri hearings, as well as how to obtain flowers (Service 1985, p. 4). Fruits are individuals occur along with the variety reasonable accommodations, in the bright red when mature, with black E. fendleri var. fendleri and Federal Register at least 15 days before seeds. The cactus flowers in late May intergradations between both varieties the first hearing. and fruits ripen in July, with flowering can be found (Rare Plant Technical Council of New Mexico 2005, Marron Peer Review occurring after only when a cactus reaches 4 to 5 years of age.