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Revision of Critical Habitat for Salt 33282 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Proposed Rules In January 2004, a Community SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: Advisory Group (CAG) was formed for Wildlife Service, propose to revise Michael D. George, Field Supervisor, the site. A CAG is a committee, task critical habitat for the Salt Creek tiger U.S. Fish and Wildlife Service, force, or board made up of residents beetle (Cicindela nevadica lincolniana) Nebraska Ecological Services Field affected by a Superfund site. They under the Endangered Species Act. If we Office, 203 W 2nd St., Grand Island, NE provided a public forum where finalize this rule as proposed, it would 68801; telephone 308–382–6468. If you representatives of diverse community extend the Act’s protections to lands use a telecommunications device for the interests can present and discuss their designated as revised critical habitat for deaf (TDD), call the Federal Information needs and concerns related to the site this subspecies. This designation fulfills Relay Service (FIRS) at 800–877–8339. and the cleanup process. The last CAG our obligations under a settlement meeting was held in October 2011. A agreement. The effect of this regulation SUPPLEMENTARY INFORMATION: new group, Child Lead Poisoning is to conserve the habitat of Salt Creek Executive Summary Prevention Group, formed. The first tiger beetles in eastern Nebraska under meeting of the Child Lead Poisoning the Endangered Species Act. Why We Need To Publish a Rule Group was held at City Hall in May DATES: We will accept comments This is a proposed rule to revise the 2012. The purpose of the new group received or postmarked on or before designation of critical habitat for the remains the same. August 5, 2013. Comments submitted endangered Salt Creek tiger beetle. This Determination That the Criteria for electronically using the Federal revision will fulfill the terms of a Deletion Have Been Met eRulemaking Portal (see ADDRESSES settlement agreement reached on June 7, section, below) must be received by 2011 (see Previous Federal Actions). In accordance with 40 CFR 11:59 p.m. Eastern Time of the closing 300.425(e), Region 7 of the EPA finds Under the Endangered Species Act of date. We must receive requests for 1973, as amended (Act; 16 U.S.C. 1531 that the 1,154 residential parcels of the public hearings, in writing, at the Omaha Lead site (the subject of this et seq.), any species that is determined address shown in ADDRESSES by July 19, to be threatened or endangered requires deletion) meet the substantive criteria 2013. for partial NPL deletions. EPA has critical habitat to be designated, to the ADDRESSES: You may submit comments consulted with and has the concurrence maximum extent prudent and by one of the following methods: determinable. Designations and of the State of Nebraska. All responsible (1) Electronically: Go to the Federal parties or other persons have revisions of critical habitat can only be eRulemaking Portal: http:// completed by issuing a rule. implemented all appropriate response www.regulations.gov. In the Search box, actions required. All appropriate Fund- enter Docket No. FWS–R6–ES–2013– This Rule Will Propose Revised Critical financed response under CERCLA has 0068, which is the docket number for Habitat for the Endangered Salt Creek been implemented, and no further this rulemaking. You may submit a Tiger Beetle response action by responsible parties is comment by clicking on ‘‘Comment appropriate. Now!’’ In total, we are proposing 1,110 acres (ac) (449 hectares (ha)) for designation List of Subjects in 40 CFR Part 300 (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments as critical habitat for the Salt Creek tiger Environmental protection, Hazardous Processing, Attn: FWS–R6–ES–2013– beetle in Lancaster and Saunders substances, Intergovernmental relations, 0068; Division of Policy and Directives Counties in Nebraska. This proposed Superfund. Management; U.S. Fish and Wildlife revised critical habitat includes saline Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. Service; 4401 N. Fairfax Drive, MS wetlands and streams associated with 9601–9657; E.O. 12777, 56 FR 54757,3 CFR, 2042–PDM; Arlington, VA 22203. Little Salt Creek and encompasses all 1991 Comp., p.351; E.O. 12580, 52 FR 2923, We request that you send comments three habitat areas occupied by the 3 CFR, 1987 Comp., p.193. only by the methods described above. subspecies at the time of listing. It also Dated: May 16, 2013. We will post all comments on http:// includes saline wetlands and streams Karl Brooks, www.regulations.gov. This generally associated with Rock Creek and Oak Regional Administrator, Region 7. means that we will post any personal Creek (Capitol Beach) that are currently unoccupied, but supported the [FR Doc. 2013–12969 Filed 6–3–13; 8:45 am] information you provide us (see the subspecies less than 20 years ago. Our BILLING CODE 6560–50–P Public Comments section below for more information). designation also includes segments of The coordinates or plot points or both Haines Branch Creek because this area from which the maps are generated are has the potential to provide suitable DEPARTMENT OF THE INTERIOR included in the administrative record habitat for the Salt Creek tiger beetle and its inclusion will reduce the risk of Fish and Wildlife Service for this critical habitat designation and are available at http://www.fws.gov/ species extinction by providing redundancy in available habitat 50 CFR Part 17 nebraskaes, or http:// www.regulations.gov at Docket No. throughout multiple creeks. Due to the presence of suitable habitat, we believe [FWS–R6–ES–2013–0068] FWS–R6–ES–2013–0068, and at the Nebraska Ecological Services Field that the Salt Creek tiger beetle occurred RIN 1018–AY56 Office (see FOR FURTHER INFORMATION in this area historically; however, they CONTACT). Any additional tools or have not been documented in this Endangered and Threatened Wildlife supporting information that we may location due to minimal survey effort and Plants; Revision of Critical Habitat develop for this critical habitat relative to the annual surveys done at for Salt Creek Tiger Beetle designation will also be available at the Little Salt, Rock, and Oak Creeks. AGENCY: Fish and Wildlife Service, Fish and Wildlife Service Web site and The Basis for Our Action Interior. Field Office set out above, and may also be included in the preamble and/or at Under the Act, any species that is ACTION: Proposed rule. http://www.regulations.gov. determined to be a threatened or VerDate Mar<15>2010 17:57 Jun 03, 2013 Jkt 229001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\04JNP1.SGM 04JNP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Proposed Rules 33283 endangered species shall, to the species should be included in the on http://www.regulations.gov, or by maximum extent prudent and designation and why; appointment, during normal business determinable, have habitat designated (c) Special management hours, at the U.S. Fish and Wildlife that is considered to be critical habitat. considerations or protection that may be Service, Nebraska Ecological Services Section 4(b)(2) of the Act states that the needed in critical habitat areas we are Field Office (see FOR FURTHER Secretary shall designate and make proposing, including managing for the INFORMATION CONTACT). revisions to critical habitat on the basis potential effects of climate change; Previous Federal Actions of the best available scientific data after (d) What areas not occupied at the taking into consideration the economic time of listing are essential for the The final rule to list the Salt Creek impact, national security impact, and conservation of the species and why; tiger beetle as endangered was any other relevant impact of specifying and published on October 6, 2005 (70 FR any particular area as critical habitat. (e) The amount of habitat needed to 58335). At that time, we stated that The Secretary may exclude an area from be occupied by Salt Creek tiger beetles critical habitat was prudent and critical habitat if he determines that the in order to recover the species. determinable; however, we did not benefits of such exclusion outweigh the (3) Land use designations and current designate critical habitat because we benefits of specifying such area as part or planned activities in the subject areas were in the process of identifying the of the critical habitat, unless he and their possible impacts on proposed physical and biological features determines, based on the best scientific critical habitat. essential to conservation of the species. data available, that the failure to (4) Information on the projected and We published a proposed rule to designate such area as critical habitat reasonably likely impacts of climate designate critical habitat on December will result in the extinction of the change on the Salt Creek tiger beetle and 12, 2007 (72 FR 70716). On June 3, species. proposed critical habitat. 2008, we published a notice in the (5) Any probable economic, national Federal Register to reopen the comment We Will Seek Peer Review security, or other relevant impacts of period and announce a public hearing We are seeking comments from designating any area that may be (73 FR 31665). On April 28, 2009, we independent specialists to ensure that included in the final designation; in published a revised proposed rule to our proposed revision of critical habitat particular, any impacts on small entities designate critical habitat (74 FR 19167). is based on scientifically sound data and or families, and the benefits of including A final rule designating approximately analyses.
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