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Vol. 76 Tuesday, No. 192 October 4, 2011 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List 10 Subspecies of Great Basin Butterflies as Threatened or Endangered With Critical Habitat; Proposed Rule VerDate Mar<15>2010 16:01 Oct 03, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\04OCP3.SGM 04OCP3 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 61532 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR Portal (see ADDRESSES section, below), skipper (Hesperia uncas reeseorum), the deadline for submitting an Carson Valley wood nymph (Cercyonis Fish and Wildlife Service electronic comment is 11:59 p.m. pegala carsonensis), Steptoe Valley Eastern Standard Time on this date. crescentspot (Phyciodes cocyta 50 CFR Part 17 After December 5, 2011, you must arenacolor), Mattoni’s blue butterfly [FWS–R8–ES–2010–0097; 92210–1111– submit information directly to the Field (Euphilotes pallescens mattonii), and 0000–B2] Office (see FOR FURTHER INFORMATION White River Valley skipper (Hesperia CONTACT section below). Please note that uncas grandiose). Endangered and Threatened Wildlife we might not be able to address or Based on our review, we find that the and Plants; 90-Day Finding on a incorporate information that we receive petition presents substantial scientific Petition To List 10 Subspecies of Great after the above requested date. or commercial information indicating Basin Butterflies as Threatened or ADDRESSES: You may submit that listing 4 of the 10 subspecies as Endangered With Critical Habitat information by one of the following threatened or endangered may be warranted, and we find that the petition AGENCY: Fish and Wildlife Service, methods: • does not present substantial scientific or Interior. Federal eRulemaking Portal: http:// www.regulations.gov. Follow the commercial information indicating that ACTION: Notice of petition finding and instructions for submitting comments to listing the remaining 6 of the 10 initiation of status review. Docket No. FWS–R8–ES–2010–0097. subspecies as threatened or endangered SUMMARY: We, the U.S. Fish and Check the box that reads ‘‘Open for may be warranted. Wildlife Service (Service), announce a Comment/Submission,’’ and then click Request for Information 90-day finding on a petition to list 10 the Search button. You should then see subspecies of Great Basin butterflies in an icon that reads ‘‘Submit a Comment.’’ When we make a finding that a Nevada and California as threatened or Please ensure that you have found the petition presents substantial endangered under the Endangered correct rulemaking before submitting information indicating that listing a Species Act of 1973, as amended (Act), your comment. species may be warranted, we are and designate critical habitat. Based on • U.S. mail or hand-delivery: Public required to promptly review the status our review, we find that the petition Comments Processing, Attn: Docket No. of the species (status review). For the presents substantial scientific or FWS–R8–ES–2010–0097; Division of status review to be complete and based commercial information indicating that Policy and Directives Management; U.S. on the best available scientific and listing the following 4 of the 10 Fish and Wildlife Service; 4401 N. commercial information, we request subspecies as threatened or endangered Fairfax Drive, MS 2042–PDM; information on the four subspecies of may be warranted: Baking Powder Flat Arlington, VA 22203. butterflies from governmental agencies, blue butterfly, bleached sandhill We will post all information we Native American Tribes, the scientific skipper, Steptoe Valley crescentspot, receive on http://www.regulations.gov. community, industry, and any other and White River Valley skipper. This generally means that we will post interested parties. We seek information Therefore, with the publication of this any personal information you provide on: notice, we are initiating a review of the us (see the Request for Information (1) The species’ biology, range, and status of these four subspecies to section below for more details). population trends, including: (a) Habitat requirements for feeding, determine if listing these subspecies is FOR FURTHER INFORMATION CONTACT: Jill breeding, and sheltering; warranted. To ensure that this status A. Ralston, Acting State Supervisor, Nevada Fish and Wildlife Office, U.S. (b) Genetics and taxonomy; review is comprehensive, we are (c) Historical and current range Fish and Wildlife Service, 1340 requesting scientific and commercial including distribution patterns; Financial Blvd., Suite 234, Reno, NV data and other information regarding (d) Historical and current population 89502, by telephone (775–861–6300), or these four subspecies. Based on the levels, and current and projected trends; by facsimile (775–861–6301). If you use status review, we will issue a 12-month and finding on these four subspecies, which a telecommunications device for the (e) Past and ongoing conservation will address whether the petitioned deaf (TDD), please call the Federal measures for the species, its habitat or action is warranted under the Act. Information Relay Service (FIRS) at both. We find that the petition does not 800–877–8339. (2) The factors that are the basis for present substantial scientific or SUPPLEMENTARY INFORMATION: We making a listing determination for a commercial information indicating that announce a 90-day finding on a petition species under section 4(a) of the Act (16 listing the remaining 6 of the 10 to list 10 subspecies of Great Basin U.S.C. 1531 et seq.), which are: subspecies as threatened or endangered butterflies in Nevada and California as (a) The present or threatened may be warranted: Carson Valley threatened or endangered under the Act destruction, modification, or silverspot, Carson Valley wood nymph, and designate critical habitat. The curtailment of its habitat or range; Mattoni’s blue butterfly, Mono Basin petitioners had requested that we list (b) Overutilization for commercial, skipper, and the two Railroad Valley following 10 subspecies of Great Basin recreational, scientific, or educational skipper subspecies. However, we ask butterflies in Nevada and California as purposes; the public to submit to us any new threatened or endangered under the Act (c) Disease or predation; information that becomes available and designate critical habitat: Baking (d) The inadequacy of existing concerning the status of, or threats to, Powder Flat blue butterfly (Euphilotes regulatory mechanisms; or these four subspecies or their habitat at bernardino minuta), Mono Basin (e) Other natural or manmade factors any time. skipper (Hesperia uncas giulianii), affecting its continued existence. DATES: To allow us adequate time to bleached sandhill skipper (Polites If, after the status review, we conduct this review, we request that we sabuleti sinemaculata), Railroad Valley determine that listing any of the six receive information on or before skipper (Hesperia uncas fulvapalla), subspecies is warranted, we will December 5, 2011. Please note that if Carson Valley silverspot (Speyeria propose critical habitat (see definition you are using the Federal eRulemaking nokomis carsonensis), Railroad Valley in section 3(5)(A) of the Act), under VerDate Mar<15>2010 16:01 Oct 03, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\04OCP3.SGM 04OCP3 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules 61533 section 4 of the Act, to the maximum available for you to review at http:// and critical habitat actions in Fiscal extent prudent and determinable at the www.regulations.gov, or you may make Year 2010 pursuant to court orders, time we propose to list the species. an appointment during normal business judicially approved settlement Therefore, within the geographical range hours at the U.S. Fish and Wildlife agreements, and other statutory currently occupied by the six Service, Nevada Fish and Wildlife deadlines, we were able to secure subspecies, we request data and Office (see FOR FURTHER INFORMATION funding in Fiscal Year 2010 to begin information on: CONTACT). work on the initial finding to determine (1) What may constitute ‘‘physical or Background whether the petition provides biological features essential to the substantial information indicating that conservation of the species’’; Section 4(b)(3)(A) of the Act requires the action may be warranted. This (2) Where these features are currently that we make a finding on whether a finding addresses the petition. found; and petition to list, delist, or reclassify a (3) Whether any of these features may species presents substantial scientific or Previous Federal Actions require special management commercial information indicating that considerations or protection. the petitioned action may be warranted. On May 22, 1984, we added Mattoni’s In addition, we request data and We are to base this finding on blue butterfly as Euphilotes information on ‘‘specific areas outside information provided in the petition, (=Shijimiaeoides) rita mattonii to our the geographical area occupied by the supporting information submitted with list of candidate species as a Category 2 species’’ that are ‘‘essential to the the petition, and information otherwise candidate species (49 FR 21664). This conservation of the species.’’ Please available in our files.