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Helianthus Verticillatus (Whorled Sunflower), and Leavenworthia Crassa (Fleshy-Fruit Gladecress); Final Rule

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Helianthus Verticillatus (Whorled Sunflower), and Leavenworthia Crassa (Fleshy-Fruit Gladecress); Final Rule Vol. 79 Tuesday, No. 165 August 26, 2014 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Physaria globosa (Short’s bladderpod), Helianthus verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy-fruit gladecress); Final Rule VerDate Mar<15>2010 17:29 Aug 25, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26AUR2.SGM 26AUR2 tkelley on DSK3SPTVN1PROD with RULES2 50990 Federal Register / Vol. 79, No. 165 / Tuesday, August 26, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR available at the Fish and Wildlife opinions from five knowledgeable Service Web site and Field Office set out individuals with scientific expertise to Fish and Wildlife Service above, and may also be included in the review our technical assumptions, preamble and at http:// analysis, and whether or not we had 50 CFR Part 17 www.regulations.gov. used the best available information. [Docket No. FWS–R4–ES–2013–0086; FOR FURTHER INFORMATION CONTACT: These peer reviewers generally 4500030114] Mary E. Jennings, Field Supervisor, U.S. concurred with our methods and Fish and Wildlife Service, Tennessee conclusions and provided additional RIN 1018–AZ60 information, clarifications, and Ecological Services Fish and Wildlife suggestions to improve this final rule. Endangered and Threatened Wildlife Office, (see ADDRESSES above). Persons Information we received from peer who use a telecommunications device and Plants; Designation of Critical review is incorporated in this final for the deaf (TDD) may call the Federal Habitat for Physaria globosa (Short’s revised designation. We also considered Information Relay Service (FIRS) at bladderpod), Helianthus verticillatus all comments and information received 800–877–8339. (whorled sunflower), and from the public during the comment Leavenworthia crassa (fleshy-fruit SUPPLEMENTARY INFORMATION: period. gladecress) Executive Summary Previous Federal Actions AGENCY: Fish and Wildlife Service, Why we need to publish a rule. Under Interior. All previous Federal actions are the Act, when we determine that any described in the proposed rule to list ACTION: Final rule. species is an endangered or threatened Short’s bladderpod, whorled sunflower, species, we must designate critical SUMMARY: We, the U.S. Fish and and fleshy-fruit gladecress as habitat to the maximum extent prudent Wildlife Service (Service), designate endangered species under the Act, and determinable. Critical habitat may critical habitat for Physaria globosa which published on August 2, 2013 (78 be designated only by issuing a rule. (Short’s bladderpod), Helianthus FR 47109). Also on this date, we This rule consists of: A final rule verticillatus (whorled sunflower), and proposed critical habitat for these designating critical habitat for Short’s Leavenworthia crassa (fleshy-fruit species (78 FR 47059). On May 29, 2014 bladderpod, whorled sunflower, and gladecress) under the Endangered (79 FR 30792), we announced the fleshy-fruit gladecress. We are Species Act of 1973, as amended (Act). availability of the draft economic designating: In total, approximately 1,006 hectares analysis (DEA) for the proposed critical • Approximately 373 ha (925.5 ac) in (ha) (2,488 acres (ac)) in Alabama, habitat designation, and the reopened 20 units in Posey County, Indiana; Georgia, Indiana, Kentucky, and the public comment period to allow Clark, Franklin, and Woodford Tennessee fall within the boundaries of comment on the DEA and further Counties, Kentucky; and Cheatham, the critical habitat designations. comment on the proposed rule. Davidson, Dickson, Jackson, DATES: This rule becomes effective on Montgomery, Smith, and Trousdale Summary of Comments and September 25, 2014. Counties, Tennessee, for Short’s Recommendations ADDRESSES: This final rule is available bladderpod. We requested written comments from on the internet at http:// • Approximately 624.2 ha (1,542.3 ac) the public on the proposed designation www.regulations.gov and http://fws.gov/ in four units in Cherokee County, of critical habitat for Short’s cookeville. Comments and materials we Alabama; Floyd County, Georgia; and bladderpod, whorled sunflower, and received, as well as some supporting Madison and McNairy Counties, fleshy-fruit gladecress during two documentation we used in preparing Tennessee, for whorled sunflower. comment periods. The first comment this final rule, are available for public • Approximately 8.4 ha (20.6 ac) in period opened with the publication of inspection at http:// seven units in Lawrence and Morgan the proposed rule (78 FR 47060) on www.regulations.gov. All of the Counties, Alabama, for fleshy-fruit August 2, 2013, and closed on October comments, materials, and gladecress. 1, 2013. We also requested comments on documentation that we considered in This rule consists of: A final rule for the proposed critical habitat designation this rulemaking are available by designation of critical habitat for Short’s and associated draft economic analysis appointment, during normal business bladderpod, whorled sunflower, and during a second comment period, which hours at: U.S. Fish and Wildlife Service, fleshy-fruit gladecress. opened on May 29, 2014, and closed on Tennessee Ecological Services Office, We have prepared an economic June 30, 2014 (79 FR 30792). We also 446 Neal Street, Cookeville, TN 38501; analysis of the designation of critical contacted appropriate Federal, State, telephone 931–528–6481; fax 931–528– habitat. We have prepared an analysis and local agencies; scientific 7075. of the economic impacts of the critical organizations; and other interested The coordinates or plot points or both habitat designation and related factors. parties and invited them to comment on from which the maps are generated are We announced the availability of the the proposed rule and draft economic included in the administrative record draft economic analysis in the Federal analysis during these comment periods. for this critical habitat designation and Register on May 29, 2014 (79 FR 30792), During the first comment period, we are available at http://fws.gov/ allowing the public to provide received two comment letters directly cookeville, at http:// comments. We have incorporated the addressing the proposed critical habitat www.regulations.gov at Docket No. comments and have completed the final designation. During the second FWS–R4–ES–2013–0086, and at the U.S. economic analysis concurrently with comment period, we did not receive any Fish and Wildlife Service, Tennessee this final determination. comments on the proposed critical Ecological Services Field Office (see FOR Peer review and public comment. We habitat designation or the draft FURTHER INFORMATION CONTACT). Any sought comments from independent economic analysis. We did not receive additional tools or supporting specialists to ensure that our any requests for a public hearing during information that we developed for this designation is based on scientifically either comment period. All substantive critical habitat designation will also be sound data and analyses. We obtained information provided during comment VerDate Mar<15>2010 17:29 Aug 25, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 165 / Tuesday, August 26, 2014 / Rules and Regulations 50991 periods has either been incorporated reporting the species’ historical located on lands owned or managed by directly into this final determination or presence was too imprecise for the Corps. After further consideration of addressed below. surveyors to relocate those occurrences, the Corps’ concerns and the potential despite attempts to do so, or that habitat benefits to the species, we have Peer Review has either been destroyed or altered to reaffirmed our decision not to exclude In accordance with our peer review a degree that it no longer is essential for prolonged inundation of sites due to policy published on July 1, 1994 (59 FR the conservation of the species. We manipulation of regulated waters for 34270), we solicited expert opinions reviewed the unoccupied habitat and flood control or other purposes from the from five knowledgeable individuals found that these areas no longer list of actions that could require special with scientific expertise that included provided the primary constituent management considerations or familiarity with one or more of the elements or the habitat features needed protections to minimize potential effects species, the geographic region in which for the survival of the species. to the species or designated critical the species occur, and conservation habitat. biology principles. We received Federal Comment As discussed below (see Section 7 responses from all five of the peer During the public comment periods, Consultation), section 7(a)(2) of the Act reviewers. we received one comment letter from requires Federal agencies, including the We reviewed all comments received the U.S. Army Corps of Engineers Service, to ensure that any action they from the peer reviewers for substantive addressing the proposed critical habitat. fund, authorize, or carry out is not likely issues and new information regarding (3) Comment: The Corps of Engineers, to jeopardize the continued existence of critical habitat for the Short’s Nashville District, expressed concern any endangered species or threatened bladderpod, whorled sunflower, and with
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