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Department of the Interior Vol. 76 Thursday, No. 111 June 9, 2011 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List Abronia ammophila, Agrostis rossiae, Astragalus proimanthus, Boechera (Arabis) pusilla, and Penstemon gibbensii as Threatened or Endangered; Proposed Rule VerDate Mar<15>2010 19:51 Jun 08, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\09JNP4.SGM 09JNP4 jlentini on DSK4TPTVN1PROD with PROPOSALS4 33924 Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR FWS–R6–ES–2011–0023. Supporting proimanthus as an endangered species documentation used in preparing this (House Document 94–51, pp. 57, 90, Fish and Wildlife Service finding is available for public 163). On July 1, 1975, we published a inspection, by appointment, during notice in the Federal Register (40 FR 50 CFR Part 17 normal business hours at the U.S. Fish 27823) accepting the Smithsonian [FWS–R6–ES–2011–0023; MO 92210–0– and Wildlife Service, Wyoming Institution report as a petition within 0008–B2] Ecological Services Field Office, 5353 the context of section 4(c)(2) (petition Yellowstone Road, Suite 308A, provisions are now found in section Endangered and Threatened Wildlife Cheyenne, WY 82009. Please submit 4(b)(3) of the Act), and giving notice of and Plants; 12–Month Finding on a any new information, materials, the Service’s intention to review the Petition To List Abronia ammophila, comments, or questions concerning this status of the plant taxa listed therein. Agrostis rossiae, Astragalus finding to the above address. As a result of that review, we proimanthus, Boechera (Arabis) FOR FURTHER INFORMATION CONTACT: R. published a proposed rule on June 16, pusilla, and Penstemon gibbensii as Mark Sattelberg, Field Supervisor, 1976, in the Federal Register (41 FR Threatened or Endangered Wyoming Ecological Services Field 24523) to determine endangered status pursuant to section 4 of the Act for Office (see ADDRESSES); by telephone at AGENCY: Fish and Wildlife Service, approximately 1,700 vascular plant taxa, Interior. 307–772–2374; or by facsimile at 307– 772–2358. If you use a including Astragalus proimanthus. This ACTION: Notice of 12-month petition list of plant taxa was assembled based telecommunications device for the deaf finding. on comments and data received by the (TDD), please call the Federal Smithsonian Institution and the Service SUMMARY: We, the U.S. Fish and Information Relay Service (FIRS) at in response to House Document No. 94– Wildlife Service (Service), announce a 800–877–8339. 51 and the July 1, 1975, Federal 12-month finding on a petition to list SUPPLEMENTARY INFORMATION: Abronia ammophila (Yellowstone sand Register publication. General comments verbena), Agrostis rossiae (Ross’ Background received in response to the 1976 bentgrass), Astragalus proimanthus proposal are summarized in an April 26, Section 4(b)(3)(B) of the Act (16 1978, Federal Register publication (43 (precocious milkvetch), Boechera U.S.C. 1531 et seq.), requires that, for (Arabis) pusilla (Fremont County FR 17909). In 1978, amendments to any petition to revise the Federal Lists section 4(f)(5) of the Act required that rockcress or small rockcress), and of Endangered and Threatened Wildlife Penstemon gibbensii (Gibbens’ all proposals over 2 years old be and Plants that contains substantial withdrawn. However, proposals already beardtongue) as threatened or scientific or commercial information endangered, and to designate critical over 2 years old were given a 1-year that listing the species may be grace period. On December 10, 1979, we habitat under the Endangered Species warranted, we make a finding within 12 Act of 1973, as amended (Act). After published a notice in the Federal months of the date of receipt of the Register (44 FR 70796) withdrawing the review of all available scientific and petition. In this finding, we will commercial information, we find that portion of the June 16, 1976, proposal determine that the petitioned action is: that had not been made final. This listing A. ammophila, A. rossiae, A. (1) Not warranted, (2) warranted, or (3) proimanthus, and P. gibbensii is not removed both A. proimanthus and warranted, but the immediate proposal Agrostis rossiae from proposed status, warranted at this time. However, we ask of a regulation implementing the the public to submit to us any new but retained both species as candidate petitioned action is precluded by other ‘‘ information that becomes available plant taxa that may qualify for listing pending proposals to determine whether ’’ concerning the threats to A. ammophila, under the Act. species are threatened or endangered, On December 15, 1980, we published A. rossiae, A. proimanthus, and P. and expeditious progress is being made a current list of those plant taxa native gibbensii or their habitats at any time. to add or remove qualified species from to the United States being considered After a review of all the available the Federal Lists of Endangered and for listing under the Act; this identified scientific and commercial information, Threatened Wildlife and Plants. Section both Agrostis rossiae and Astragalus we find that listing B. pusilla as 4(b)(3)(C) of the Act requires that we proimanthus as category 1 taxa (45 FR threatened or endangered is warranted. treat a petition for which the requested 82480). The Service defined category 1 However, currently listing B. pusilla is action is found to be warranted but taxa as a taxonomic group for which we precluded by higher priority actions to precluded as though resubmitted on the presently had sufficient information on amend the Federal Lists of Endangered date of such finding, that is, requiring a hand to support the biological and Threatened Wildlife and Plants. subsequent finding to be made within appropriateness of these taxa being Upon publication of this 12-month 12 months. We must publish these 12- listed as threatened or endangered petition finding, we will add B. pusilla month findings in the Federal Register. species (45 FR 82480). On November 28, to our candidate species list. We will 1983, A. rossiae was lowered to a Previous Federal Actions develop a proposed rule to list B. pusilla category 2 taxon ‘‘currently under as our priorities allow. We will make Federal action for Agrostis rossiae and review,’’ whereas A. proimanthus was any determinations on critical habitat Astragalus proimanthus began as a moved to the ‘‘taxa no longer under during development of the proposed result of section 12 of the original Act, review’’ list, and given a 3C rank, listing rule. In any interim period, we which directed the Secretary of the indicating the species was more will address the status of the candidate Smithsonian Institution to prepare a abundant or widespread than previously taxon through our annual Candidate report on plants considered to be believed or not subjected to any Notice of Review. endangered, threatened, or extinct in the identifiable threat (48 FR 53640). We DATES: The finding announced in this United States. This report, designated as defined category 2 taxa as those for document was made on June 9, 2011. House Document No. 94–51, was which we had information at that time ADDRESSES: This finding is available on presented to Congress on January 9, that indicated proposing to list was the Internet at http:// 1975. That document lists A. rossiae as possibly appropriate, but for which www.regulations.gov at Docket Number a threatened species and A. substantial data on biological VerDate Mar<15>2010 19:51 Jun 08, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\09JNP4.SGM 09JNP4 jlentini on DSK4TPTVN1PROD with PROPOSALS4 Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Proposed Rules 33925 vulnerability and threat(s) was not Guardians), requesting that we: (1) Register a finding as to whether currently known or on file to support Consider all full species in our WildEarth Guardians’ petitions present proposed rules. Boechera (formerly Mountain-Prairie Region ranked as G1 substantial information indicating that Arabis) pusilla and Penstemon gibbensii or G1G2 by the organization the petitioned actions may be warranted were added as category 2 taxa during NatureServe, except those that are for the remaining 38 mountain-prairie the same review (48 FR 53640). These currently listed, proposed for listing, or species by August 9, 2009. four species retained the same ranking candidates for listing; and (2) list each On June 18, 2008, we received a for the subsequent review on September species as either threatened or petition from WildEarth Guardians 27, 1985 (50 FR 39526). The February endangered. The petition identified 206 dated June 12, 2008, to emergency list 21, 1990, list kept A. rossiae, B. pusilla, species as petitioned entities, including and P. gibbensii as category 2 taxa, and the 5 species we address in this status 32 species under the Administrative reverted A. proimanthus back to a review. A species ranking of G1 is Procedure Act and the Endangered category 2 taxon (55 FR 6184). defined as a species that is critically Species Act. Of those 32 species, 11 The September 30, 1993, review imperiled across its entire range (or were included in the July 24, 2007, changed the status of Boechera pusilla global range) (NatureServe 2010b, p. 3). petition to be listed on a non-emergency to a category 1 species (58 FR 51144). A ranking of G1G2 means the species is basis. Although the Act does not This review added a ‘‘status trend’’ either ranked as a G1 or a G2 species, provide for a petition process for an column. Each species was identified as with G2 defined as imperiled across its interested person to seek to have a increasing (I), stable (S), declining (D), entire range (NatureServe 2010b, pp.
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