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Federal Register/Vol. 81, No. 33/Friday, February 19, 2016/Rules 8408 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations State Name of non-regulatory SIP Applicable geographic area submittal EPA approval date Additional explanation revision date ******* Interstate Pollution Transport Statewide ............................... 6/6/14 2/19/16 [Insert Federal Reg- This action addresses the in- Requirements for the 2010 ister citation]. frastructure element of CAA NO2 NAAQS. section 110(a)(2)(D)(i)(I), or the good neighbor provi- sion, for the 2010 NO2 NAAQS. [FR Doc. 2016–03394 Filed 2–18–16; 8:45 am] appointment, during normal business the entry for Cupressus abramsiana BILLING CODE 6560–50–P hours at: U.S. Fish and Wildlife Service, from 50 CFR 17.12(h) with an entry for Ventura Fish and Wildlife Office, 2493 Hesperocyparis abramsiana. Portola Road, Suite B, Ventura, DEPARTMENT OF THE INTERIOR California 93003; telephone 805–644– Summary of Biological Status and 1766; facsimile 805–644–3958. Factors Affecting the Species Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: This section introduces and Stephen P. Henry, Field Supervisor, 50 CFR Part 17 summarizes the biological status and U.S. Fish and Wildlife Service, Ventura factors affecting Santa Cruz cypress [Docket No. FWS–R8–ES–2013–0092; Fish and Wildlife Office, 2493 Portola identified at each period of the species’ 4500030113] Road, Suite B, Ventura, CA 93003; review history. We have described the RIN 1018–AY77 telephone 805–644–1766; facsimile level of threats using a scale of low, 805–644–3958. Persons who use a moderate, and high (as discussed in Endangered and Threatened Wildlife telecommunications device for the deaf Appendix 1 of the Species Report). A and Plants; Reclassifying (TDD) may call the Federal Information low-level threat indicates a threat that Hesperocyparis abramsiana Relay Service (FIRS) at 800–877–8339. has the potential to occur at any time, (=Cupressus abramsiana) as SUPPLEMENTARY INFORMATION: Threatened although the possibility is unlikely that Previous Federal Action this threat will affect the species across AGENCY: Fish and Wildlife Service, On September 3, 2013, we proposed its range or interrupt the species’ Interior. to reclassify the Santa Cruz cypress from persistence into the future. A moderate- ACTION: Final rule. an endangered species to a threatened level threat indicates a threat that is currently affecting the long-term SUMMARY: We, the U.S. Fish and species (78 FR 54221) on the List of persistence of the species in a particular Wildlife Service (Service), determine Endangered and Threatened Plants in population or across its range, but does threatened species status under the part 17 of title 50 of the Code of Federal Endangered Species Act of 1973 (Act), Regulations (CFR). Please refer to the not pose an imminent threat to the as amended, for Hesperocyparis proposed reclassification rule for the persistence of the species. A high-level abramsiana (=Cupressus abramsiana) Santa Cruz cypress (78 FR 54221; threat indicates a well-documented, (Santa Cruz cypress), a plant species September 3, 2013) for a detailed imminent threat to a large number of found in Santa Cruz and San Mateo description of the previous Federal individuals that has the potential to Counties in west-central California. We actions concerning this species. This disrupt the long-term persistence of the also finalize the correction to the final rule constitutes our final action species in a particular population or scientific name of Santa Cruz cypress on regarding the petition to reclassify the across its range. the List of Endangered and Threatened Santa Cruz cypress from endangered to At the time of listing, the primary Plants. The effect of this regulation will threatened (Pacific Legal Foundation threats to Santa Cruz cypress were be to change the listing status of Santa 2011, pp. 1–11). residential development, agricultural Cruz cypress from an endangered Background conversion, logging, oil and gas drilling, species to a threatened species on the For a detailed discussion of Santa genetic introgression, and alteration of List of Endangered and Threatened Cruz cypress’s description, taxonomy, the natural frequency of fires that Plants. life history, habitat, soils, distribution, threatened to destroy portions of each DATES: This rule becomes effective abundance, age and size distribution, population (52 FR 675; January 8, 1987). March 21, 2016. and role of fire in regeneration, please Other (secondary) threats in 1987 ADDRESSES: This final rule is available see the Santa Cruz Cypress included vandalism, disease, and on the internet at http:// Hesperocyparis [Cupressus] abramsiana inadequate regulatory mechanisms (52 www.regulations.gov under Docket No. Species Report (Service 2015, pp. 1–57) FR 675). Of the primary threats in 1987, FWS–R8–ES–2013–0092 and at http:// (Species Report), which is available for residential development, agricultural www.fws.gov/ventura/. Comments and review under Docket No. FWS–R8–ES– conversion, and logging threatened materials we received, as well as 2013–0092 at http:// individual Santa Cruz cypress trees and supporting documentation we used in www.regulations.gov. Please refer to the stands with imminent destruction. preparing this rule, are available for proposed reclassification rule for the Other threats identified in the Recovery public inspection at http:// Santa Cruz cypress (78 FR 54221; Plan for the Santa Cruz Cypress (Service www.regulations.gov. All of the September 3, 2013) (Service 2013b) for 1998) also included oil and gas comments, materials, and a summary of information about the development, reproductive isolation, documentation that we considered in species and the proposed change in introgression, and competition from this rulemaking are available by taxonomy: In this final rule, we replace nonnative species. VerDate Sep<11>2014 18:06 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations 8409 On May 21, 2010, we notified the (Factor A), genetic introgression (Factor magnitude threat overall for the public in the Federal Register of the E), and vandalism and unauthorized population and the species as a whole. availability of the 5-year review for recreational activities (Factors A and E). The following sections provide a Santa Cruz cypress (75 FR 28636). The The acquisition of lands for summary of the current threats 5-year review was completed on August conservation by State agencies and impacting the Santa Cruz cypress. As 17, 2009 (Service 2009, entire), and designation of lands as sensitive areas identified above, these threats include resulted in a recommendation to change by Santa Cruz County have resulted in alteration of the fire regime (Factors A the status of the species from an protection of all or large portions of and E), competition with nonnative endangered species to a threatened each population, but currently do not species (Factors A and E), climate species. At the time of the 2009 5-year provide protections from the threats change (Factor A), genetic introgression review, we reported that the threats to listed above (Factor D). Other potential (Factor E), vandalism and unauthorized Santa Cruz cypress from residential impacts evaluated and found either to recreational activities (Factors A and E), development, agricultural conversion, be of no concern, insignificant concern, and the inadequacy of existing regulatory mechanisms (Factor D). As and logging had decreased since the or negligible at this time include identified above some of the same time of listing. This decrease was residential development, agricultural potential activities that affect the habitat achieved primarily through the conversion, logging, and oil and gas acquisition of lands for conservation by (Factor A) of Santa Cruz cypress can drilling (Factor A); overutilization the California Department of Pesticide also affect individuals (Factor E). Where (Factor B); disease or predation (Factor Regulation (CDPR) and the California appropriate, we discuss impacts to both C); and reproductive isolation (Factor Department of Fish and Wildlife the habitat and to individuals of Santa (CDFW) and through other private land E). Please see Table 1, Table 4, and the Cruz cypress together for ease of transfers. No evidence existed that oil ‘‘Discussion of Threats to the Species’’ discussion and analysis. section of the Species Report for a and gas drilling was a threat to the Alteration of Fire Regime species. The 5-year review also found thorough discussion of all potential and information that the population size current threats (Service 2015, pp. 3, 22– The long-term persistence of Santa (number of individuals at each site) of 40). Cruz cypress populations can be the species was greater than known at We note, however, that, although the affected by the disruption of the natural the time of listing. The threats from threats of residential development and fire frequency because Santa Cruz alteration of fire frequencies, disease or agricultural conversion to Santa Cruz cypress requires fire (or potentially predation, reproductive isolation, cypress have been ameliorated mechanical disturbance in lieu of, or in genetic introgression, vandalism, and considerably compared to the time of combination with, fire) to reproduce. competition with nonnative species listing (to the point that we consider Most Santa Cruz cypress populations remained at the same level as identified them insignificant at this time), they are located close to residential areas, during the development of the Recovery may still occur at two of the populations where natural fires from surrounding wildland areas are excluded by the Plan (Service 1998). (i.e., the Bracken Brae and Bonny Doon creation of fire breaks and fuels The 5-year review identified low populations), although the likelihood is reduction projects. Both fire exclusion levels of regeneration (new recruitment less than previously identified in the and fire suppression lengthen the of seedlings and young plants) and the Recovery Plan.
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