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DEPARTMENT OF THE INTERIOR Field Office (see FOR FURTHER (2) Specific information on: INFORMATION CONTACT). (a) The distribution of Short’s Fish and Wildlife Service Written Comments: You may submit bladderpod, whorled sunflower, and written comments by one of the fleshy-fruit gladecress; 50 CFR Part 17 following methods: (b) The amount and distribution of habitat for Short’s bladderpod, whorled [Docket No. FWS–R4–ES–2013–0086; (1) Electronically: Go to the Federal 4500030113] eRulemaking Portal: http:// sunflower, and fleshy-fruit gladecress; www.regulations.gov. Submit comments and RIN 1018–AZ60 on the critical habitat proposal and (c) What areas occupied by the associated DEA by searching for FWS– species at the time of listing that contain Endangered and Threatened Wildlife R4–ES–2013–0086, which is the docket features essential for the conservation of and ; Designation of Critical number for this rulemaking. the species we should include in the Habitat for Physaria globosa (Short’s (2) By hard copy: Submit comments designation and why, and Bladderpod), Helianthus verticillatus on the critical habitat proposal and (d) What areas not occupied at the (Whorled Sunflower), and associated DEA by U.S. mail or hand- time of listing are essential to the crassa (Fleshy-Fruit delivery to: Public Comments conservation of the species and why. Gladecress) Processing, Attn: FWS–R4–ES–2013– (3) Land use designations and current AGENCY: Fish and Wildlife Service, 0086; Division of Policy and Directives or planned activities in the subject areas Interior. Management; U.S. Fish and Wildlife and their probable impacts on proposed critical habitat. ACTION: Service; 4401 N. Fairfax Drive, MS Proposed rule; revision and (4) The new area that we are reopening of the comment period. 2042–PDM; Arlington, VA 22203. We request that you send comments proposing for critical habitat SUMMARY: We, the U.S. Fish and only by the methods described above. designation for the fleshy-fruit Wildlife Service (Service), announce the We will post all comments on http:// gladecress in this revised proposed rule. reopening of the public comment period www.regulations.gov. This generally (5) Information on the projected and on the August 2, 2013, proposed means that we will post any personal reasonably likely impacts of climate designation of critical habitat for the information you provide us (see the change on Short’s bladderpod, whorled Physaria globosa (Short’s bladderpod), Public Comments section below for sunflower, and fleshy-fruit gladecress Helianthus verticillatus (whorled more information). and proposed critical habitat. sunflower), and Leavenworthia crassa (6) Any probable economic, national FOR FURTHER INFORMATION CONTACT: security, or other relevant impacts of (fleshy-fruit gladecress) under the Mary E. Jennings, Field Supervisor, U.S. Act of 1973, as designating any area that may be Fish and Wildlife Service, Tennessee included in the final designation; in amended (Act). We also announce the Ecological Services Office, 446 Neal availability of a draft economic analysis particular, the benefits of including or Street, Cookeville, TN 38501; telephone excluding areas that exhibit these (DEA) of the proposed designation for 931–528–6481, or by facsimile (931– these species as well as an amended impacts. 528–7075). Persons who use a (7) Information on the extent to which required determinations section of the telecommunications device for the deaf the description of economic impacts in proposal. We also propose to increase (TDD) may call the Federal Information the draft economic analysis is a the proposed designation of critical Relay Service (FIRS) at 800–877–8339. reasonable estimate of the likely habitat for Leavenworthia crassa by SUPPLEMENTARY INFORMATION: economic impacts. approximately 0.04 hectare (0.1 acre) by (8) The likelihood of adverse social adding one unit in Lawrence County, Public Comments reactions to the designation of critical . We are reopening the We will accept written comments and habitat, as discussed in the associated comment period to allow all interested information during this reopened documents of the draft economic parties an opportunity to comment comment period on our proposed analysis, and how the consequences of simultaneously on the revised proposed designation of critical habitat for Short’s such reactions, if likely to occur, would rule, the associated DEA, and the bladderpod, whorled sunflower, and relate to the conservation and regulatory amended required determinations fleshy-fruit gladecress that was benefits of the proposed critical habitat section. Comments previously published in the Federal Register on designation. submitted need not be resubmitted, as August 2, 2013 (78 FR 47060), our DEA (9) Whether any areas we are they will be fully considered in of the proposed designation, and the proposing for critical habitat preparation of the final rule. amended required determinations designation should be considered for DATES: We will consider comments provided in this document. We will exclusion under section 4(b)(2) of the received or postmarked on or before consider information and Act, and whether the benefits of June 30, 2014. Comments submitted recommendations from all interested potentially excluding any specific area electronically using the Federal parties. We are particularly interested in outweigh the benefits of including that eRulemaking Portal (see ADDRESSES comments concerning: area under section 4(b)(2) of the Act. section, below) must be received by (1) The reasons why we should or (10) Whether we could improve or 11:59 p.m. Eastern Time on the closing should not designate habitat as ‘‘critical modify our approach to designating date. habitat’’ under section 4 of the Act (16 critical habitat in any way to provide for ADDRESSES: U.S.C. 1531 et seq.), including whether greater public participation and Document availability: You may there are threats to the species from understanding, or to better obtain copies of the proposed rule and human activity, the degree of which can accommodate public concerns and the associated documents of the draft be expected to increase due to the comments. economic analysis (DEA) on the internet designation, and whether that increase If you submitted comments or at http://www.regulations.gov at Docket in threat outweighs the benefit of information on the proposed rule (78 FR No. FWS–R4–ES–2013–0086 or by mail designation such that the designation of 47060) during the initial comment from the Tennessee Ecological Services critical habitat is not prudent. period from August 2 to October 1,

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2013, please do not resubmit them. We www.regulations.gov at Docket Number Critical Habitat have incorporated them into the public FWS–R4–ES–2013–0086, or by mail record, and we will fully consider them from the Tennessee Ecological Services Section 3 of the Act defines critical in the preparation of our final Field Office (see FOR FURTHER habitat as the specific areas within the determination. Our final determination INFORMATION CONTACT section). geographical area occupied by a species, concerning proposed critical habitat at the time it is listed in accordance Background will take into consideration all written with the Act, on which are found those comments and any additional It is our intent to discuss only those physical or biological features essential information we receive during both topics directly relevant to the to the conservation of the species and comment periods. On the basis of public designation of critical habitat for Short’s that may require special management comments, we may, during the bladderpod, whorled sunflower, and considerations or protection, and development of our final determination, fleshy-fruit gladecress in this document. specific areas outside the geographical find that areas proposed are not For more information on these species area occupied by a species at the time essential, are appropriate for exclusion and their habitats or previous Federal it is listed, upon a determination that under section 4(b)(2) of the Act, or are actions concerning these species, refer such areas are essential for the not appropriate for exclusion. to the proposed listing and critical conservation of the species. If the You may submit your comments and habitat rule published in the Federal proposed rule is made final, section 7 of materials concerning the proposed rule Register on August 2, 2013 (78 FR the Act will prohibit destruction or or DEA by one of the methods listed in 47109), which is available online at adverse modification of critical habitat the ADDRESSES section. We request that http://www.regulations.gov (at Docket by any activity funded, authorized, or you send comments only by the Number FWS–R4–ES–2013–0087) or carried out by any Federal agency. methods described in the ADDRESSES from the Tennessee Ecological Services Federal agencies proposing actions section. Field Office (see FOR FURTHER affecting critical habitat must consult If you submit a comment via http:// INFORMATION CONTACT). with us on the effects of their proposed www.regulations.gov, your entire Previous Federal Actions actions, under section 7(a)(2) of the Act. comment—including any personal identifying information—will be posted On August 2, 2013, we published a Proposed Changes to Critical Habitat on the Web site. We will post all proposed rule to designate critical In this document, we are proposing to hardcopy comments on http:// habitat for Short’s bladderpod, whorled increase the designation of critical www.regulations.gov as well. If you sunflower, and fleshy-fruit gladecress habitat for the fleshy-fruit gladecress by submit a hardcopy comment that (78 FR 47060). We proposed to approximately 0.04 ha (0.1 ac), for a includes personal identifying designate approximately: total of approximately 8.4 ha (20.6 ac) information, you may request at the top • 373 hectares (ha) (925.5 acres (ac)) in 7 critical habitat units in Lawrence of your document that we withhold this of critical habitat in 20 units for Short’s information from public review. bladderpod in Posey County, Indiana; and Morgan Counties, Alabama. However, we cannot guarantee that we Clark, Franklin, and Woodford We are proposing to modify our will be able to do so. Counties, Kentucky; and Cheatham, proposed critical habitat designation by Comments and materials we receive, Davidson, Dickson, Jackson, adding Unit 7 for the fleshy-fruit as well as supporting documentation we Montgomery, Smith, and Trousdale gladecress based on information used in preparing the proposed rule and Counties, Tennessee. received from the Tennessee Valley DEA, will be available for public • 624 ha (1,542 ac) of critical habitat Authority about a previously unknown inspection on http:// for whorled sunflower in 4 units in population and based on our field visits www.regulations.gov at Docket No. Cherokee County, Alabama; Floyd made on March 27, 2014. The change is FWS–R4–ES–2013–0086, or by County, Georgia; and Madison and described in Table 1 and the unit appointment, during normal business McNairy Counties, Tennessee. description below. Maps illustrating the hours, at the U.S. Fish and Wildlife • 8.4 ha (20.5 ac) of critical habitat for changes from previously proposed unit Service, Tennessee Ecological Services fleshy-fruit gladecress in 6 units in boundaries are included in the rule Field Office (see FOR FURTHER Lawrence and Morgan Counties, portion of this document and are also INFORMATION CONTACT). You may obtain Alabama. available on the Internet at http:// copies of the proposed rule and the DEA That proposal had a 60-day comment www.regulations.gov at docket number on the Internet at http:// period, ending October 1, 2013. FWS–R4–ES–2013–0086.

TABLE 1—ADDITION TO LEAVENWORTHIA CRASSA PROPOSED CRITICAL HABITAT DESIGNATION IN ALABAMA

Proposed critical habitat unit County Land ownership Size of proposed unit

Unit 7. Hillsboro Glade ...... Lawrence ...... Private ...... 0.04 ha (0.1 ac).

Unit 7. Hillsboro Glade a relatively small limestone glade essential to the conservation of the outcrop within a powerline right-of-way species in this unit may require special Unit 7 consists of 0.04 ha (0.1 ac) of that is bordered by a forested area. Well- management considerations or privately owned land in Lawrence illuminated, open areas (Primary protection to address threats of the County, Alabama. This unit is currently Constituent Element (PCE) 2), with invasion of exotic species into open occupied and is located within a shallow soils and exposed limestone glades and possible changes in land use, powerline right-of-way approximately bedrock that are dominated by including agriculture or development. 400 feet south of the intersection of characteristic glade vegetation (PCE 1), County Roads 217 and 222, near are present within the unit. The features Hillsboro. Habitat in this unit consists of

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Consideration of Impacts Under Section Consideration of Economic Impacts sunflower, and fleshy-fruit gladecress 4(b)(2) of the Act Section 4(b)(2) of the Act and its (IEc 2014, entire). We began by Section 4(b)(2) of the Act requires that implementing regulations require that conducting a screening analysis of the we designate or revise critical habitat we consider the economic impact that proposed designation of critical habitat based upon the best scientific data may result from a designation of critical in order to focus our analysis on the key available, after taking into consideration habitat. To assess the probable factors that are likely to result in the economic impact, impact on economic impacts of a designation, we incremental economic impacts. The national security, or any other relevant must first evaluate specific land uses or purpose of the screening analysis is to impact of specifying any particular area activities and projects that may occur in filter out the geographic areas in which as critical habitat. We may exclude an the area of the critical habitat. We then the critical habitat designation is area from critical habitat if we must evaluate the impacts that a specific unlikely to result in probable determine that the benefits of excluding critical habitat designation may have on incremental economic impacts. In the area outweigh the benefits of restricting or modifying specific land particular, the screening analysis including the area as critical habitat, uses or activities for the benefit of the considers baseline costs (i.e., absent provided such exclusion will not result species and its habitat within the areas critical habitat designation) and in the of the species. proposed. We then identify which includes probable economic impacts When considering the benefits of conservation efforts may be the result of where land and water use may be inclusion for an area, we consider the species being listed under the Act subject to conservation plans, land among other factors, the additional versus those attributed solely to the management plans, best management regulatory benefits that an area would designation of critical habitat for this practices, or regulations that protect the receive through the analysis under particular species. The probable habitat area as a result of the Federal section 7 of the Act addressing the economic impact of a proposed critical listing status of the species. The destruction or adverse modification of habitat designation is analyzed by screening analysis filters out particular critical habitat as a result of actions with comparing scenarios ‘‘with critical areas of critical habitat that are already a Federal nexus (activities conducted, habitat’’ and ‘‘without critical habitat.’’ subject to such protections and are, funded, permitted, or authorized by The ‘‘without critical habitat’’ scenario therefore, unlikely to incur incremental Federal agencies), the educational represents the baseline for the analysis, economic impacts. Ultimately, the benefits of identifying areas containing which includes the existing regulatory screening analysis allows us to focus essential features that aid in the and socio-economic burden imposed on our analysis on evaluating the specific recovery of the listed species, and any landowners, managers, or other resource areas or sectors that may incur probable ancillary benefits triggered by existing users potentially affected by the incremental economic impacts as a local, State, or Federal laws as a result designation of critical habitat (e.g., result of the designation. The screening of the critical habitat designation. under the Federal listing as well as analysis also assesses whether units are When considering the benefits of other Federal, State, and local unoccupied by the species and may exclusion, we consider, among other regulations). The baseline, therefore, require additional management or things, whether exclusion of a specific represents the costs of all efforts conservation efforts as a result of the area is likely to incentivize or result in attributable to the listing of the species critical habitat designation and may conservation; the continuation, under the Act (i.e., conservation of the incur incremental economic impacts. strengthening, or encouragement of species and its habitat incurred This screening analysis combined with partnerships; or implementation of a regardless of whether critical habitat is the information contained in our IEM management plan. In the case of Short’s designated). The ‘‘with critical habitat’’ were used to develop our draft bladderpod, whorled sunflower, and scenario describes the incremental economic analysis of the proposed fleshy-fruit gladecress, the benefits of impacts associated specifically with the critical habitat designation for Short’s critical habitat include public awareness designation of critical habitat for the bladderpod, whorled sunflower, and of the presence of these species and the species. The incremental conservation fleshy-fruit gladecress, and this importance of habitat protection, and, efforts and associated impacts would information is summarized in the where a Federal nexus exists, increased not be expected without the designation narrative below. habitat protection for these species due of critical habitat for the species. In Executive Orders 12866 and 13563 to protection from adverse modification other words, the incremental costs are direct Federal agencies to assess the or destruction of critical habitat. In those attributable solely to the costs and benefits of available regulatory practice, situations with a Federal nexus designation of critical habitat, above and alternatives in quantitative (to the extent exist primarily on Federal lands or for beyond the baseline costs. These are the feasible) and qualitative terms. projects undertaken by Federal agencies. costs we use when evaluating the Consistent with the E.O. regulatory We have not proposed to exclude any benefits of inclusion and exclusion of analysis requirements, our effects areas from critical habitat. However, the particular areas from the final analysis under the Act may take into final decision on whether to exclude designation of critical habitat should we consideration impacts to both directly any areas will be based on the best choose to conduct an optional 4(b)(2) and indirectly impacted entities, where scientific data available at the time of exclusion analysis. practicable and reasonable. We assess, the final designation, including For this designation, we developed an to the extent practicable, and if information obtained during the Incremental Effects Memorandum (IEM) sufficient data are available, the comment period and information about considering the probable incremental probable impacts to both directly and the economic impact of designation. To economic impacts that may result from indirectly impacted entities. As part of consider information related to this proposed designation of critical our screening analysis, we considered economic impact, we have prepared a habitat. The information contained in the types of economic activities that are draft economic analysis concerning the our IEM was then used to develop a likely to occur within the areas likely proposed critical habitat designation, screening analysis of the probable affected by the critical habitat which is available for review and effects of the designation of critical designation. In our IEM dated December comment (see ADDRESSES). habitat for Short’s bladderpod, whorled 2, 2013, and modified on April 17, 2014

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to include the additional critical habitat impacts of the designation of critical gladecress are expected to be limited to unit for the fleshy-fruit gladecress, habitat for these species. additional administrative effort as well probable incremental economic impacts The proposed critical habitat as minor costs of conservation efforts associated with the following categories designation for Short’s bladderpod resulting from a small number of future of activities: (1) Utility projects, totals approximately 373 ha (925.5 ac) section 7 consultations. This is due to including work on electricity in 20 units, all of which are currently the fact that all of the proposed critical transmission lines, gas pipelines, sewer occupied by the species, and includes habitat units are considered to be pipelines, water pipelines, and lands under Federal (30 percent), State occupied by the species, and telecommunications equipment; (2) or local government (6 percent), and incremental economic impacts of recreation; (3) conservation projects; (4) private (64 percent) land ownership. All critical habitat designation, other than transportation activities including of the Federal lands are administered by administrative costs, are unlikely. The bridge construction; (5) agriculture; and the Army Corps of Engineers, which administrative costs are expected to (6) residential and commercial also holds leases on approximately four range from $410 to $5,000 per development. We considered each percent of the privately owned lands consultation. At maximum, the industry or category individually. included in this proposed critical incremental cost per year is not Additionally, we considered whether habitat designation. The proposed expected to exceed $16,000.00 annually. their activities have any Federal critical habitat designation for whorled Therefore, future probable incremental involvement. Critical habitat sunflower totals approximately 624.2 ha economic impacts are not likely to designation will not affect activities that (1,542.3 ac) in four units, all of which exceed $100 million in any single year. are currently occupied by the species do not have any Federal involvement Required Determinations—Amended but only activities conducted, funded, and are located entirely within privately permitted, or authorized by Federal owned lands. The proposed critical In our August 2, 2013, proposed rule agencies. In areas where Short’s habitat designation for fleshy-fruit (78 FR 47060), we indicated that we bladderpod, whorled sunflower, or gladecress totals 8.4 ha (20.6 ac) in would defer our determination of fleshy-fruit gladecress are present, seven units, all of which are currently compliance with several statutes and Federal agencies already are required to occupied by the species, and includes executive orders until we had evaluated consult with the Service under section Federal (6 percent) and privately owned the probable effects on landowners and 7 of the Act on activities they fund, (94 percent) lands. stakeholders and the resulting probable economic impacts of the designation. permit, or implement that may affect the In these areas any actions that may Following our evaluation of the species. If we finalize this proposed affect the species or their habitat would probable incremental economic impacts critical habitat designation, also affect designated critical habitat and it is unlikely that any additional resulting from the designation of critical consultations to avoid the destruction or conservation efforts would be habitat for Short’s bladderpod, whorled adverse modification of critical habitat recommended to address the adverse sunflower, and fleshy-fruit gladecress, would be incorporated into the existing modification standard over and above we have amended or affirmed our consultation process. those recommended as necessary to determinations below. Specifically, we In our IEM, we attempted to avoid jeopardizing the continued affirm the information in our proposed distinguish between the effects that will existence of Short’s bladderpod, rule concerning Executive Order (E.O.) result from the species being listed and whorled sunflower, or fleshy-fruit 12866 (Regulatory Planning and those attributable to the critical habitat gladecress. Therefore, only Review), E.O. 12630 (Takings), E.O. designation (i.e., difference between the administrative costs are expected to 13132 (Federalism), E.O. 12988 (Civil jeopardy and adverse modification result from the proposed critical habitat Justice Reform), E.O. 13211 (Energy, standards) for the three species. designation. While this additional Supply, Distribution, and Use), the Because the designation of critical analysis will require time and resources Unfunded Mandates Reform Act (2 habitat for Short’s bladderpod, whorled by both the Federal action agency and U.S.C. 1501 et seq.), the Paperwork sunflower, and fleshy-fruit gladecress the Service, it is believed that, in most Reduction Act of 1995 (44 U.S.C. 3501 was proposed concurrently with their circumstances, these costs would et seq.), the National Environmental listing, it has been our experience that predominantly be administrative in Policy Act (42 U.S.C. 4321 et seq.), and it is more difficult to discern which nature and would not be significant. the President’s memorandum of April conservation efforts are attributable to The entities most likely to incur 29, 1994, ‘‘Government-to-Government the species being listed and those which incremental costs are parties to section Relations with Native American Tribal will result solely from the designation of 7 consultations, including Federal Governments’’ (59 FR 22951). However, critical habitat. However, the following action agencies and, in some cases, third based on our evaluation of the probable specific circumstances in this case help parties, most frequently State agencies incremental economic impacts of the to inform our evaluation: (1) The or municipalities. Activities we expect proposed designation of critical habitat essential physical and biological will be subject to consultations that may for Short’s bladderpod, whorled features identified for critical habitat are involve private entities as third parties sunflower, and fleshy-fruit gladecress, the same features essential for the life are residential and commercial we are amending our required requisites of the species and (2) any development that may occur on private determination concerning the actions that would result in sufficient lands. However, based on coordination Regulatory Flexibility Act and E.O. harm or harassment to constitute efforts with State and local agencies, the 12630 (Takings). jeopardy to Short’s bladderpod, whorled cost to private entities within these sunflower, or fleshy-fruit gladecress sectors is expected to be relatively Regulatory Flexibility Act (5 U.S.C. 601 would also likely adversely affect the minor (administrative costs of less than et seq.) essential physical and biological $5,000 per consultation effort). Under the Regulatory Flexibility Act features of critical habitat. The IEM The probable incremental economic (RFA; 5 U.S.C. 601 et seq.), as amended outlines our rationale concerning this impacts of the critical habitat by the Small Business Regulatory limited distinction between baseline designations for Short’s bladderpod, Enforcement Fairness Act of 1996 conservation efforts and incremental whorled sunflower, and fleshy-fruit (SBREFA; 5 U.S.C. 801 et seq.),

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whenever an agency is required to carried out by the Agency is not likely property rights should result from this publish a notice of rulemaking for any to adversely modify critical habitat. designation. Based on information proposed or final rule, it must prepare Therefore, under these circumstances contained in the economic analysis and and make available for public comment only Federal action agencies are directly described within this document, it is a regulatory flexibility analysis that subject to the specific regulatory not likely that economic impacts to a describes the effects of the rule on small requirement (avoiding destruction and property owner would be of a sufficient entities (i.e., small businesses, small adverse modification) imposed by magnitude to support a takings action. organizations, and small government critical habitat designation. Under these Therefore, the takings implications jurisdictions). However, no regulatory circumstances, it is our position that assessment concludes that this flexibility analysis is required if the only Federal action agencies will be designation of critical habitat for Short’s head of the agency certifies the rule will directly regulated by this designation. bladderpod, whorled sunflower, and not have a significant economic impact Federal agencies are not small entities fleshy-fruit gladecress does not pose on a substantial number of small and, to this end, there is no requirement significant takings implications for entities. The SBREFA amended the RFA under the RFA to evaluate the potential lands within or affected by the to require Federal agencies to provide a impacts to entities not directly designation. certification statement of the factual regulated. Therefore, because no small basis for certifying that the rule will not entities are directly regulated by this Authors have a significant economic impact on rulemaking, the Service certifies that, if The primary authors of this notice are a substantial number of small entities. promulgated, the proposed critical the staff members of the Tennessee According to the Small Business habitat designation will not have a Ecological Services Field Office, Administration, small entities include significant economic impact on a Southeast Region, U.S. Fish and small organizations such as substantial number of small entities. Wildlife Service. independent nonprofit organizations; In summary, we have considered small governmental jurisdictions, whether the proposed designation Authority including school boards and city and would result in a significant economic The authority for this action is the town governments that serve fewer than impact on a substantial number of small Endangered Species Act of 1973, as 50,000 residents; and small businesses entities. For the above reasons and amended (16 U.S.C. 1531 et seq.). (13 CFR 121.201). Small businesses based on currently available include manufacturing and mining information, we certify that, if List of Subjects in 50 CFR Part 17 concerns with fewer than 500 promulgated, the proposed critical Endangered and threatened species, employees, wholesale trade entities habitat designation would not have a Exports, Imports, Reporting and with fewer than 100 employees, retail significant economic impact on a recordkeeping requirements, and service businesses with less than $5 substantial number of small business Transportation. million in annual sales, general and entities. Therefore, an initial regulatory heavy construction businesses with less flexibility analysis is not required. Proposed Regulation Promulgation than $27.5 million in annual business, E.O. 12630 (Takings) special trade contractors doing less than Accordingly, we propose to further $11.5 million in annual business, and In accordance with E.O. 12630 amend part 17, subchapter B of chapter agricultural businesses with annual (Government Actions and Interference I, title 50 of the Code of Federal sales less than $750,000. To determine with Constitutionally Protected Private Regulations, as proposed to be amended if potential economic impacts to these Property Rights), we have analyzed the on August 2, 2013, at 78 FR 47060, as small entities are significant, we potential takings implications of set forth below: considered the types of activities that designating critical habitat for Short’s bladderpod, whorled sunflower, and PART 17—ENDANGERED AND might trigger regulatory impacts under THREATENED WILDLIFE AND PLANTS this designation as well as types of fleshy-fruit gladecress in a takings project modifications that may result. In implications assessment. As discussed ■ above, the designation of critical habitat 1. The authority citation for part 17 general, the term ‘‘significant economic continues to read as follows: impact’’ is meant to apply to a typical affects only Federal actions. Although small business firm’s business private parties that receive Federal Authority: 16 U.S.C. 1361–1407; 1531– operations. funding or assistance, or require 1544; 4201–4245, unless otherwise noted. The Service’s current understanding approval or authorization from a Federal ■ 2. Amend § 17.96(a) by revising of the requirements under the RFA, as agency, for an action may be indirectly paragraph (5) and adding paragraph (12) amended, and following recent court impacted by the designation of critical to the entry proposed at 78 FR 47060 for decisions, is that Federal agencies are habitat, the legally binding duty to ‘‘Family : Leavenworthia required to evaluate the potential avoid destruction or adverse crassa (fleshy-fruit gladecress)’’, to read incremental impacts of rulemaking only modification of critical habitat rests as follows: on those entities directly regulated by squarely on the Federal agency. The the rulemaking itself and, therefore, are economic analysis found that no § 17.96 Critical habitat—plants. not required to evaluate the potential significant economic impacts are likely * * * * * impacts to indirectly regulated entities. to result from the designation of critical (a) * * * The regulatory mechanism through habitat for Short’s bladderpod, whorled Family Brassicaceae: Leavenworthia which critical habitat protections are sunflower, or fleshy-fruit gladecress. crassa (fleshy-fruit gladecress) realized is section 7 of the Act, which Because the Act’s critical habitat requires Federal agencies, in protection requirements apply only to * * * * * consultation with the Service, to ensure Federal agency actions, few conflicts (5) Index map follows: that any action authorized, funded, or between critical habitat and private BILLING CODE 4310–55–P

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* * * * * (12) Unit 7: Hillsboro Glade, Lawrence County, Alabama. Map of Unit 7 follows:

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* * * * * • Mail: John K. Bullard, Regional mesh material as a safer alternative to Dated: May 21, 2014. Administrator, NMFS, Northeast the current tarp requirement. At its Rachel Jacobson, Regional Office, 55 Great Republic September 2013 meeting, the Council Drive, Gloucester, MA 01930. Mark the approved a motion requesting that the Principal Deputy Assistant Secretary for Fish Regional Administrator implement two and Wildlife and Parks. outside of the envelope: ‘‘Comments on Gear Stowage.’’ new trawl gear stowage methods and [FR Doc. 2014–12501 Filed 5–28–14; 8:45 am] Instructions: All comments received modify one provision of the existing BILLING CODE 4310–55–C are part of the public record and will methods. This action proposes to add a generally be posted to provision to allow the use of a highly www.regulations.gov without change. visible orange mesh material, as an DEPARTMENT OF COMMERCE All Personal Identifying Information (for alternative to the current requirement to example, name, address, etc.) use a tarp or similar canvas material. National Oceanic and Atmospheric voluntarily submitted by the commenter This action would be implemented Administration may be publicly accessible. Do not under authority delegated to the NMFS submit confidential business Regional Administrator at § 648.23(b)(5), 50 CFR Part 648 information or otherwise sensitive or at the request of the Council. [Docket No. 140128077–4375–01] protected information. In addition, when considering this NMFS will accept anonymous revision to the gear stowage regulations, RIN 0648–BD93 comments. Attachments to electronic the Committee examined whether the current requirement that the ‘‘towing Magnuson-Stevens Fishery comments will be accepted via wires are detached from the doors’’ also Conservation and Management Act Microsoft Word, Microsoft Excel, presents safety concerns. When trawl Provisions; Fisheries of the WordPerfect, or Adobe PDF file formats gear is being stowed, detaching the Northeastern United States only. wires leaves the doors unsecured and FOR FURTHER INFORMATION CONTACT: swinging freely, which can result in AGENCY: National Marine Fisheries Jason Berthiaume, Fishery Management damage to the vessel. This is Service (NMFS), National Oceanic and Specialist, phone: (978) 281–9177. Atmospheric Administration (NOAA), particularly problematic for smaller SUPPLEMENTARY INFORMATION: Commerce. fiberglass vessels. If the wires were allowed to remain attached to the doors, ACTION: Proposed rule; request for Background comments. the doors could be held securely in The current trawl gear stowage place, preventing them from moving regulations, at 50 CFR 648.23(b), require SUMMARY: and causing damage to the vessel or At the request of the New that trawl gear being stowed on the net England Fishery Management Council, injuring crew. The Committee, with reel be covered with a ‘‘canvas or concurrence from the USCG and NMFS this action would add a new method for similar opaque material’’ when on-reel trawl gear stowage when fishing Office of Law Enforcement, concluded transiting closed areas and areas with that this measure is no longer needed to vessels are transiting closed areas or mesh size restrictions. The industry fishing in areas with mesh size conduct enforcement and, as such, typically uses a commonly available recommends this measure be removed restrictions. Specifically, this action opaque plastic tarp to meet this proposes to allow the use of a highly from the regulations pertaining to all on- requirement, which is intended to help reel gear stowage requirements. visible orange mesh material, in facilitate enforcement. However, addition to the current requirement to As a result, the new stowage method industry has raised two safety concerns would not include the requirement to use a tarp or similar canvas material. In with this requirement. First, the tarps addition, this action would remove the remove the towing wires from the doors most frequently used have very few for all on-reel trawl gear stowage requirement to detach the towing wires places where a rope or similar material from the doors for all on-reel gear methods where it currently applies. can be attached to assist in pulling the NMFS is also taking this opportunity stowage. Finally, to help streamline the tarp over the net reel. As a result, crew under its authority at section 305(d) of gear stowage requirements, this action members at sea often have to climb or the Magnuson-Stevens Fishery also proposes to reorganize the current stand on the net reel or surrounding Conservation and Management Act to gear stowage regulations. This action parts of the vessel to successfully cover reorganize the current gear stowage would be implemented under authority the reel. This creates a safety concern regulations. Currently, all Northeast delegated to the NMFS Regional for crew members who may slip or fall region gear stowage regulations reside Administrator, at the request of the and injure themselves or others. In under the Atlantic mackerel, squid, and Council. This action is intended to addition, because the tarps are non- butterfish (MSB) regulations at subpart improve safety of fishing operations porous, they catch wind, similar to a B of 50 CFR part 648. The gear stowage while at sea. sail, adding to the difficulty of covering regulations were originally DATES: Comments must be received on the net reel and increasing the safety implemented in Amendment 1 to the this action by June 30, 2014. risks. Northeast Multispecies Fishery ADDRESSES: You may submit comments, As a result of these safety concerns, Management Plan as part of the identified by NOAA–NMFS–2014–0018, the New England Fishery Management exempted fishing programs. These by any of the following methods: Council’s Enforcement Committee has regulations were subsequently • Electronic Submissions: Submit all been working with the fishing industry expanded and modified a number of electronic public comments via the and the United States Coast Guard times. In 1996, NMFS undertook a Federal e-Rulemaking Portal. Go to (USCG) to develop an alternative to the comprehensive reorganization of fishery www.regulations.gov/ tarp requirement for stowing trawl nets regulations in response to a Presidential #!docketDetail;D=NOAA-NMFS-2014- on the reel. Through public workshops directive. As a result, the gear stowage 0018, click the ‘‘Comment Now!’’ icon, and at-sea trials, the industry, USCG, regulations that had previously been complete the required fields, and enter and NOAA’s National Marine Fisheries part of the Northeast multispecies or attach your comments. Service (NMFS) developed an orange regulations were moved to the MSB

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