Vol. 77 Monday, No. 156 August 13, 2012 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Ipomopsis polyantha (Pagosa skyrocket), Penstemon debilis (Parachute beardtongue), and Phacelia submutica (DeBeque phacelia); Final Rule VerDate Mar<15>2010 18:27 Aug 10, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\13AUR3.SGM 13AUR3 mstockstill on DSK4VPTVN1PROD with RULES3 48368 Federal Register / Vol. 77, No. 156 / Monday, August 13, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR (TDD), call the Federal Information and are completed the final Relay Service (FIRS) at 800–877–8339. environmental assessment concurrently Fish and Wildlife Service SUPPLEMENTARY INFORMATION: with this final determination. Peer reviewers support our methods. 50 CFR Part 17 Executive Summary We obtained opinions from four Why we need to publish a rule and knowledgeable individuals with [Docket No. FWS–R6–ES–2011–0040: the basis for our action. Under the Act, scientific expertise to review our 4500030114] any species that is determined to be technical assumptions, analysis, RIN 1018–AX75 threatened or endangered shall, to the adherence to regulations, and whether maximum extent prudent and or not we had used the best available Endangered and Threatened Wildlife determinable, have habitat designated information. These peer reviewers and Plants; Designation of Critical that is considered to be critical habitat. generally concurred with our methods Habitat for Ipomopsis polyantha We listed these three plant species on and conclusions and provided (Pagosa skyrocket), Penstemon debilis July 27, 2011 (76 FR 45054). At the same additional information, clarifications, (Parachute beardtongue), and Phacelia time, we proposed to designate critical and suggestions to improve this final submutica (DeBeque phacelia) habitat (76 FR 45078). Section 4(b)(2) of rule. the Act states that the Secretary shall Background AGENCY: Fish and Wildlife Service, designate critical habitat on the basis of Interior. the best available scientific data after It is our intent to discuss in this final ACTION: Final rule. taking into consideration the economic rule only those topics directly relevant impact, national security impact, and to the development and designation of SUMMARY: We, the U.S. Fish and any other relevant impact of specifying critical habitat for Ipomopsis polyantha, Wildlife Service, are designating critical any particular area as critical habitat. Penstemon debilis, and Phacelia habitat for the endangered Ipomopsis The critical habitat areas we are submutica under the Act (16 U.S.C. polyantha (Pagosa skyrocket) and the designating in this rule constitute our 1531 et seq.). For more information on threatened Penstemon debilis current best assessment of the areas that the biology and ecology of I. polyantha, (Parachute beardtongue) and Phacelia meet the definition of critical habitat for P. debilis, and P. submutica, refer to the submutica (DeBeque phacelia) under Ipomopsis polyantha, Penstemon final listing rule published in the the Endangered Species Act (Act). The debilis, and Phacelia submutica. Here Federal Register on July 27, 2011 (76 FR purpose of this regulation is to conserve we are designating: 45054). For information on I. polyantha, these three plant species and their • Approximately 9,641 acres (ac) P. debilis, and P. submutica critical habitats under the Act. (3,902 hectares (ha)), in 4 units, are habitat, refer to the proposed rule to DATES: This rule becomes effective on being designated as critical habitat for designate critical habitat for I. September 12, 2012. Ipomopsis polyantha. polyantha, P. debilis, and P. submutica • Approximately 15,510 ac (6,217 ha), ADDRESSES: This final rule, and the published in the Federal Register on in 4 units, are being designated as associated final economic analysis and July 27, 2011 (76 FR 45078). Information critical habitat for Penstemon debilis. final environmental assessment, are on the associated DEA and draft • Approximately 25,484 ac (10,313 environmental assessment for the available on the Internet at http:// ha), in 9 units, are being designated as www.regulations.gov. The coordinates proposed rule was published in the critical habitat for Phacelia submutica. Federal Register on March 27, 2012 (77 or plot points or both from which the • In total, approximately 50,635 ac FR 18157). maps are generated are included in the (20,432 ha), in 17 units, are being administrative record for this critical designated as critical habitat for the Previous Federal Actions habitat designation and are available at three species. The final rule listing Ipomopsis http://www.fws.gov/mountain-prairie/ We have prepared an economic polyantha as an endangered species, species/plants/3ColoradoPlants/ analysis of the designation of critical and listing Penstemon debilis and index.html, http://www.regulations.gov habitat. In order to consider economic Phacelia submutica as threatened at Docket No. FWS–R6–ES–2011–0040, impacts, we have prepared an analysis species, was published on July 27, 2011 and at the Western Colorado Ecological of the economic impacts of the critical (76 FR 45054). Our proposal for Services Office (see FOR FURTHER habitat designations and related factors. designating critical habitat for I. INFORMATION CONTACT). Comments and We announced the availability of the polyantha, P. debilis, and P. submutica materials received, as well as supporting draft economic analysis (DEA) on March was published on the same date (76 FR documentation used in preparing this 27, 2012, allowing the public to provide 45078). Our notice of availability for the final rule, are available for public comments on our analysis. We have DEA and draft environmental inspection, by appointment, during incorporated the comments and are assessment was published on March 27, normal business hours, at the U.S. Fish completed the final economic analysis 2012 (77 FR 18157). For other previous and Wildlife Service, Western Colorado (FEA) concurrently with this final Federal actions, please see our final Ecological Services Office, 764 Horizon determination. listing rule (76 FR 45054). Drive, Suite B, Grand Junction, CO We have prepared an environmental 81506–3946; telephone 970–243–2778; assessment of the designation of critical Summary of Comments and facsimile 970–245–6933. habitat. Based on a court ruling, we Recommendations FOR FURTHER INFORMATION CONTACT: must undertake National Environmental We requested written comments from Patty Gelatt, Field Supervisor, U.S. Fish Policy Act (NEPA) analysis in the Tenth the public on the proposed designation and Wildlife Service, Western Colorado Circuit when we designate critical of critical habitat for Ipomopsis Ecological Services Office, 764 Horizon habitat. We announced the availability polyantha, Penstemon debilis, and Drive, Suite B, Grand Junction, CO of the draft environmental assessment Phacelia submutica during two 81506–3946; telephone 970–243–2778; on March 27, 2012, allowing the public comment periods. The first comment facsimile 970–245–6933. If you use a to provide comments on our assessment. period associated with the publication telecommunications device for the deaf We have incorporated the comments of the proposed critical habitat rule (76 VerDate Mar<15>2010 19:12 Aug 10, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\13AUR3.SGM 13AUR3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 77, No. 156 / Monday, August 13, 2012 / Rules and Regulations 48369 FR 45078) opened on July 27, 2011, and (1) Comments on the pollinators of (2) Comments on the genetic diversity closed on September 26, 2011. We also Ipomopsis polyantha: One peer of Penstemon debilis: One peer reviewer requested comments on the proposed reviewer questioned some of the provided information relating to genetic critical habitat designation and pollinator information presented for I. diversity, the potential clonal nature, associated DEA during a comment polyantha. This reviewer questioned and connectivity between sites for P. period that opened March 27, 2012, and whether the self-pollination we debilis. Given the underground stems of closed on April 26, 2012 (77 FR 18157). discussed was with or without the P. debilis, the reviewer concluded that We did not receive any requests for a assistance of a pollinator. The reviewer the actual population size has been public hearing. We also contacted also questioned if our pollinator greatly overestimated. The reviewer appropriate Federal, State, and local information for I. polyantha was based provided information relating to agencies; scientific organizations; and on visitor information versus pollinator quantitative, not neutral (genetic other interested parties and invited information, that is, if the insects listed markers that are not directly linked to them to comment on the proposed rule were just visiting the plants, or if they a species fitness), genetic diversity, with and DEA during these comment periods. were actually pollinating the flowers. In several citations in reference to the During the first comment period, we addition, the reviewer wondered if genetic work that has been done for P. received six comment letters directly night-time pollinator experiments, debilis. Another commenter stated that addressing the proposed critical habitat collections, or observations were the genetic diversity work was designation.