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Dated: May 29, 2009. 11001 et seq. The grants are used to (IAFC), National Association of SARA Charlene Frizzera, develop, improve, and implement Title III Program Officials (NASTTPO), Acting Administrator, Centers for Medicare emergency plans; to train public sector and Vessel Operators Hazardous & Medicaid Services. hazardous materials emergency Materials Association, Inc. (VOHMA). Approved: June 16, 2009. response employees to respond to We have recently re-examined our Kathleen Sebelius, accidents and incidents involving estimates for funding the HMEP grants Secretary. hazardous materials; to determine flow program based on updated information patterns of hazardous materials within a [FR Doc. E9–14559 Filed 6–19–09; 8:45 am] from the Department of Treasury on the State and between States; and to HMEP account carry-over balance, de- BILLING CODE 4120–01–P determine the need within a State for obligations of unused grant and regional hazardous materials emergency administrative funds, increased response teams. The HMEP grants enforcement of the registration DEPARTMENT OF TRANSPORTATION program is funded by registration fees requirements, and current registrant collected from persons who offer for data, and we have further refined our Pipeline and Hazardous Materials transportation or transport certain Safety Administration estimates of revenues we anticipate hazardous materials in intrastate, collecting for registration years 2008– interstate, or foreign commerce. 49 CFR Part 107 2009 (covering July 1, 2008 to June 30, Congress reauthorized the Federal 2009) and 2009–2010 (covering July 1, [Docket No. PHMSA–2008–0010 (HM–208G)] hazardous materials transportation law 2009 to June 30, 2010) at current (Federal hazmat law; 49 U.S.C. 5101 et registration fee levels. Based on this RIN 2137–AE35 seq.) in 2005. The Hazardous Materials analysis, we have concluded that we Transportation Safety and Security will be able to fund the HMEP grants Hazardous Materials Transportation; Reauthorization Act of 2005 (Title VII of Miscellaneous Revisions to program at the $28.3 million level in the Safe, Accountable, Flexible, Fiscal Year 2009 without an increase in Registration and Fee Assessment Efficient Transportation Equity Act—A Program registration fees. Accordingly, PHMSA Legacy for Users, Pub. L. 109–59, 119 is withdrawing the May 5, 2008, NPRM AGENCY: Pipeline and Hazardous Stat. 1144, Aug. 10, 2005) authorizes and terminating this rulemaking Materials Safety Administration $28.3 million per year for the HMEP proceeding. Depending on appropriated (PHMSA), DOT. grants program and lowered the and available funding for Fiscal Year maximum registration fee from $5,000 ACTION: Withdrawal of notice of 2010, we may initiate a future to $3,000. The Consolidated proposed rulemaking. rulemaking to adjust registration fees for Appropriations Act of 2008 (Pub. L. future registration years. SUMMARY: 110–161, 121 Stat. 2404, Dec. 26, 2007) The Pipeline and Hazardous Issued in Washington, DC, on June 9, 2009 Materials Safety Administration set an obligation limitation of $28,318,000 for expenses from the under authority delegated in 49 CFR part (PHMSA) is withdrawing the notice of 106. proposed rulemaking published under HMEP fund, and the Administration’s Fiscal Year 2009 budget requests Theodore L. Willke, this docket on May 5, 2008 (73 FR Associate Administrator for Hazardous 24519). Our revised estimates of $28,300,000 in support of HMEP activity. Materials Safety. unexpended balances from previous [FR Doc. E9–14569 Filed 6–19–09; 8:45 am] years and revenues expected to be II. Current Rulemaking BILLING CODE 4910–60–P generated at current registration fee To ensure full funding of the HMEP levels indicate that an increase in grants program for FY 2009, PHMSA registration fees is not necessary to fund proposed an increase in registration fees DEPARTMENT OF THE INTERIOR the national Hazardous Materials to fund the program at the $28.3 million Emergency Preparedness (HMEP) grants level (73 FR 24519, May 5, 2008). For Fish and Wildlife Service program at its authorized level of those registrants not qualifying as a $28,318,000 for Fiscal Year 2009. small business or not-for-profit 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: organization, we proposed to increase Deborah Boothe, Office of Hazardous the registration fee from $975 (plus a [FWS–R6–ES–2009–0037; 92210–1117– Materials Standards, (202) 366–8553, or $25 administrative fee) to $2,475 (plus 0000–B4] David Donaldson, Office of Hazardous a $25 administrative fee) for registration Endangered and Threatened Wildlife Materials Planning and Analysis, (202) year 2009–2010 and following years. As and ; 90-Day Finding on a 366–4484, Pipeline and Hazardous explained in the NPRM, an existing Petition To Revise Critical Habitat for Materials Safety Administration, U.S. surplus enabled us to delay an increase pelinophilum (Clay-Loving Department of Transportation. in registration fees, but we concluded Wild Buckwheat) SUPPLEMENTARY INFORMATION: that we would not be able to fund the HMEP grants program at the $28.3 AGENCY: Fish and Wildlife Service, I. Background million level in Fiscal Year 2009 Interior. The Hazardous Materials Emergency without an increase. ACTION: Notice of 90-day petition Preparedness (HMEP) grants program, as We received 13 written comments in finding and initiation of critical habitat mandated by 49 U.S.C. 5116, provides response to the NPRM from shippers review. Federal financial and technical and carriers and from the emergency assistance to States and Indian tribes to response community, including the SUMMARY: We, the U.S. Fish and ‘‘develop, improve, and carry out American Trucking Association (ATA), Wildlife Service (USFWS), announce a emergency plans’’ within the National Council on the Safe Transportation of 90–day finding on a petition to revise Response System and the Emergency Hazardous Articles (COSTHA), Institute critical habitat for Eriogonum Planning and Community Right-To- of Makers of Explosives (IME), pelinophilum (clay-loving wild Know Act of 1986 (Title III), 42 U.S.C. International Association of Fire Chiefs buckwheat) under the Endangered

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Species Act (Act) of 1973, as amended. from the public, other concerned Background Following a review of the petition, we governmental agencies, Native Section 4(b)(3)(D) of the Act of 1973, find that the petition presents American Tribes, the scientific as amended (16 U.S.C. 1531 et seq.), substantial scientific or commercial community, industry, agriculture, or requires that we make a finding on information indicating that revision of any other interested parties concerning whether a petition to revise critical the critical habitat for E. pelinophilum the status of critical habitat for E. habitat for a species presents substantial may be warranted. Therefore, with the pelinophilum. We are seeking scientific or commercial information publication of this notice, we are information regarding: indicating that the petitioned action initiating a review of the critical habitat (1) The historical and current status may be warranted. We are to base this for the species, and will subsequently and distribution of E. pelinophilum, its finding on information provided in the issue a 12-month finding to determine if biology and ecology, and ongoing petition, supporting information revisions to the species’ critical habitat conservation measures for the species submitted with the petition, and are warranted. To ensure that the review and its habitat; information otherwise available in our is comprehensive, we are soliciting (2) Physical and biological features files. To the maximum extent scientific and commercial data and essential to the conservation of the practicable, we are to make this finding other information regarding this species. species; and within 90 days of our receipt of the DATES: The finding announced in this (3) Information on threats to the petition and publish our notice of the document was made on June 22, 2009. species and its habitat. finding promptly in the Federal To be considered in the 12-month Register. finding for this petition to revise critical Please note that submissions merely stating support or opposition to the Our standard for substantial habitat, data and information must be information within the Code of Federal submitted to us by July 22, 2009. actions under consideration without providing supporting information, Regulations (CFR) with regard to a 90- ADDRESSES: You may submit although noted, will not be considered day petition finding is ‘‘that amount of information by one of the following in making a determination; section information that would lead a methods: 4(b)(2) of the Act directs that reasonable person to believe that the • Federal rulemaking Portal: http:// determinations as to whether critical measure proposed in the petition may www.regulations.gov. Follow the habitat shall be revised shall be made be warranted’’ (50 CFR 424.14(b)). If we instructions for submitting comments to ‘‘solely on the basis of the best scientific find that substantial scientific or Docket No. FWS–R6–ES–2009–0037. data available and after taking into commercial information was presented, • U.S. mail or hand-delivery: Public consideration the economic impact, and we are required to promptly commence Comments Processing, Attn: FWS–R6– any other relevant impact, of specifying a review of the species’ critical habitat. ES–2009–0037; Division of Policy and any particular area as critical habitat.’’ Directives Management; U.S. Fish and Previous Federal Actions At the conclusion of the critical habitat Wildlife Service; 4401 N. Fairfax Drive, Eriogonum pelinophilum was review, we will issue a 12-month Suite 222; Arlington, VA 22203. proposed for listing as an endangered finding on the petition, as provided in We will post all information received species on June 22, 1983, and critical section 4(b)(3)(D)(ii) of the Act. on http://www.regulations.gov. This habitat was proposed concurrently (48 generally means that we will post any You may submit your information FR 28504). The final rule designating personal information you provide us concerning this critical habitat review the species as endangered, and (see the Information Solicited section by one of the methods listed in the designating 119.8 acres (ac) (48.5 below for more details). ADDRESSES section. hectares (ha)), the known range of the FOR FURTHER INFORMATION CONTACT: If you submit information via http:// species at that time, was published on Patty Gelatt, Acting Western Colorado www.regulations.gov, your entire July 13, 1984 (49 FR 28562). Critical Supervisor, U.S. Fish and Wildlife submission—including any personal habitat for this species is set forth at 50 Service, Ecological Services, 764 identifying information—will be posted CFR 17.96(a) under the Family Horizon Drive, Building B, Grand on the website. If your submission is . The currently designated Junction, CO 81506–3946, by telephone made via a hardcopy that includes critical habitat is in Delta County, (970–243–2778), or by facsimile (970– personal identifying information, you Colorado. 245–6933). People who use a may request at the top of your document On July 24, 2006, we received a telecommunications device for the deaf that we withhold this information from petition, dated July 17, 2006, from the (TDD) may call the Federal Information public review. However, we cannot Center for Native Ecosystems, the Relay Service (FIRS) at 800–877–8339. guarantee that we will be able to do so. Colorado Native Society, and the SUPPLEMENTARY INFORMATION: We will post all hardcopy submissions Uncompahgre Valley Association on http://www.regulations.gov. Please (collectively referred to as the Information Solicited include sufficient information with your petitioners) requesting that we revise When we make a finding that a comments to allow us to verify any the critical habitat designation for petition presents substantial scientific or commercial information Eriogonum pelinophilum. The petition information indicating that revisions to you provide. clearly identified itself as a petition and critical habitat may be warranted, we Information and materials we receive, included the requisite identification are required to promptly commence a as well as supporting documentation we information for the petitioners as review of the status of the existing used in preparing this 90–day finding, required in 50 CFR 424.14(a). The critical habitat determination. To ensure will be available for public inspection petition contained a species and habitat that this review of critical habitat is on http://www.regulations.gov, or by description for E. pelinophilum, a complete and based on the best appointment during normal business description of previous Federal actions, available science and commercial hours, at the U.S. Fish and Wildlife a section addressing statutory information, we are soliciting additional Service, Western Colorado Ecological requirements for E. pelinophilum, a information for Eriogonum Services Office (see FOR FURTHER description of the various populations pelinophilum. We request information INFORMATION CONTACT). and their status, a section addressing

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threats to E. pelinophilum, and pollinator. Over 50 species of insects all methods and procedures that are recommendations regarding critical visit E. pelinophilum flowers; necessary to bring any endangered of habitat for the species. Potential threats approximately 25 are native bees, and threatened species to the point at which discussed in the petition include 18 are native (Bowlin et al. 1992, the measures provided under the Act destruction and modification of habitat, pp. 299–300). Some fruits are removed are no longer necessary. Such methods threats from herbivory, and threats from by harvester ants (Bowlin et al. 1992, p. and procedures include, but are not inadequate regulatory mechanisms. 299); however, no information is limited to, all activities associated with On September 29, 2006, we available on species that may disperse scientific resources management such as acknowledged the receipt of the petition seeds. research, census, law enforcement, but stated that given staff and budget Eriogonum pelinophilum has been habitat acquisition and maintenance, limitations we would not be able to considered a close relative of, or propagation, or transplantation. further address the petition at that time. synonymous with, E. clavellatum and a Critical habitat receives protection On November 13, 2006, we received a close relative of E. contortum (Reveal under section 7 of the Act through the notice of intent to sue dated November 2006, p. 3). The species is currently prohibition against Federal agencies 9, 2006, from the petitioners regarding recognized as a distinct species (Reveal carrying out, funding, or authorizing the our failure to make a 90-day finding on 2005b, p. 1; Kartesz in litt. 2009, p. 1). destruction or adverse modification of the petition to revise Eriogonum E. pelinophilum is allied to, but distinct critical habitat. Section 7(a)(2) of the Act pelinophilum critical habitat. On March from, E. clavellatum, and both are requires consultation on Federal actions 3, 2008, the petitioners filed suit with distinct from E. contortum (Reveal 2006, that may affect critical habitat. The the United States District Court for the p. 3). Morphological and distributional designation of critical habitat does not District of Colorado for our failure to differences also occur between E. affect land ownership or establish a make a 90-day finding on the petition to pelinophilum, E. contortum, and E. refuge, wilderness, reserve, preserve, or revise critical habitat for the species. On clavellatum. E. pelinophilum has white other conservation area. Such September 30, 2008, we reached a flowers and occurs in Delta and designation does not allow the settlement agreement with the plaintiffs Montrose Counties, Colorado; E. government or public to access private to submit a 90-day finding on the contortum has yellow flowers and lands. Such designation does not petition to revise critical habitat to the occurs farther north in Mesa and require implementation of restoration, Federal Register by June 15, 2009, and, Garfield Counties, Colorado, and Grand recovery, or enhancement measures by if the petition is considered substantial, County, Utah (Spackman et al. 1997, E. private landowners. Where a landowner submit a 12-month finding to the pelinophilum page). E. pelinophilum is requests Federal agency funding or Federal Register by September 21, 2009. shorter, measuring 2 to 4 inches (in) (0.5 authorization for an action that may This 90-day finding evaluates the to 1 decimeters (dm)), has smaller affect a listed species or critical habitat, petition as stipulated in the settlement involucres (bracts below the flowers) of the consultation requirements of section agreement. 0.12 to 0.14 in (3 to 3.5 millimeters 7(a)(2) would apply, but even in the event of a destruction or adverse Species Information (mm)), with petals all the same length. modification finding, the landowner’s In 1958, Eriogonum pelinophilum was E. clavellatum is taller measuring 4 to 8 in (1 to 2 dm), has larger involucres, obligation is not to restore or recover the first collected near Hotchkiss, in Delta species, but to implement reasonable County, Colorado, by Howard Gentry. 0.16 to 0.18 in (4 to 4.5 mm), with two different sized petals, and is only and prudent alternatives to avoid The species was first recognized as its destruction or adverse modification of own taxon in 1969, and officially known from Montezuma County, Colorado, and adjacent San Juan critical habitat. described by James Reveal in 1973 For inclusion in a critical habitat Mountain Counties in Utah and New (Reveal 1969, pp. 75–76; 1973, pp. 120– designation, habitat within the Mexico (Spackman et al. 1997, E. 122). No other locations were identified geographical area occupied by the pelinophilum page; Reveal 2005c, p. 1). until 1984 (Colorado Natural Heritage species must contain the physical and Program (CNHP) 1986, p. 1). Critical Habitat biological features essential to the Eriogonum pelinophilum is a low- conservation of the species, and be growing, rounded, densely branched Background included only if those features may subshrub (low with ground- Critical habitat is defined in section require special management hugging stems) in the buckwheat family 3(5)(A) of the Act as: considerations or protection. Critical (Polygonaceae), with dark green, (i) The specific areas within the habitat designations identify, to the inrolled leaves that appear needlelike, geographical area occupied by the extent known using the best scientific and clusters of white to cream colored species, at the time it is listed in and commercial data available, habitat flowers with greenish-red to brownish- accordance with the Act, on which are areas containing the essential physical red bases and veins at the end of the found those physical or biological and biological features that provide for branches. The Eriogonum genus has features requisite life cycle needs of the species undergone rapid evolution in the arid (I) essential to the conservation of the (areas on which are found the primary regions of the West, and, as a native species and constituent elements (PCEs) laid out in North American genus, is second only (II) which may require special the appropriate quantity and spatial to the Penstemon (beardtongue) in management considerations or arrangement for the conservation of the number of species (roughly 250 protection; and species). Under the Act and regulations Eriogonum species) (Reveal 2005a, p. 1). (ii) specific areas outside the at 50 CFR 424.12, we can designate Eriogonum pelinophilum is estimated geographical area occupied by the critical habitat in areas outside the to live between 20 and 50 years species at the time it is listed, upon a geographical area occupied by the (NatureServe 2008, p. 5). Flowering determination that such areas are species at the time it is listed only when typically occurs from late May to early essential for the conservation of the we determine that those areas are September with individual flowers species. essential for the conservation of the lasting fewer than 3 days (Bowlin et al. Conservation, as defined under species and that designation limited to 1992, p. 298). Reproduction requires a section 3(3) of the Act, means the use of those areas occupied at the time of

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listing would be inadequate to ensure Eriogonum pelinophilum occurs in now known to contain the largest and the conservation of the species. plant communities characterized by low most biologically important populations Section 4 of the Act requires that we species diversity, low productivity, and of the species. Further, they say that the designate critical habitat on the basis of minimal canopy cover (NatureServe current designation is inadequate for the best scientific and commercial data 2008, p. 4). The associated vegetation is ensuring recovery of the species. The available. Further, our Policy on sparse, with E. pelinophilum generally petitioners made recommendations of Information Standards Under the one of the dominant species (CNHP critical habitat locations in their Endangered Species Act (published in 1987, Table 2). In lower elevations near petition. the Federal Register on July 1, 1994 (59 Delta, the dominant plant species is We used the information provided in FR 34271)), the Information Quality Act Atriplex corrugata (mat saltbrush); at the petition to assess the status of (section 515 of the Treasury and General higher elevations near Montrose, the Eriogonum pelinophilum. We also used Government Appropriations Act for dominant plant species is Artemesia information in our files, including the Fiscal Year 2001 (Pub. L. 106–554; H.R. nova (black sagebrush), although A. annual report we receive each January 5658)), and our associated Information corrugata is still abundant (Southwest from the Colorado Natural Heritage Quality Guidelines, provide criteria, Regional Gap Analysis Project 2004, Program (CNHP 2009, pp. 1–81), new E. establish procedures, and provide spatial data). Other species associated pelinophilum locations from BIO-Logic guidance to ensure that our decisions with E. pelinophilum include Atriplex Environmental (TriState 2004, map; are based on the best scientific data confertifolia (shadscale), Atriplex Boyle in litt. 2009, map), and geospatial available. They require our biologists, to gardneri (Gardner’s saltbush), layers. Geospatial layers included land the extent consistent with the Act and Picrothamnus desertorum (formerly ownership, locations of conservation with the use of the best scientific data Artemisia spinescens) (bud sagebrush), easements, and locations of BLM Areas available, to use primary and original Xylorhiza venusta (charming of Critical Environmental Concern. sources of information as the basis for woodyaster), and another local endemic, Population Status Penstemon retrorsus (Adobe Hills recommendations to designate critical According to CNHP, 20 Eriogonum habitat. beardtongue) (CNHP 1987, Table 2; Coles 2006, p. 1; NatureServe 2008, p. pelinophilum EOs currently exist Habitat Information 4). (CNHP 2009, pp. 1–81; USFWS 2009, In the following sections, several Table 1). Of these 20 EOs, 7 have not Eriogonum pelinophilum is endemic terms are used that refer to groupings of been located again in over 20 years and to the rolling clay (adobe) hills and flats Eriogonum pelinophilum. Element are considered historical. A survey was immediately adjacent to the Occurrences (EOs) are defined by conducted at an additional EO (015), communities of Delta and Montrose, Natural Heritage Programs as areas where no plants were found (CNHP Colorado. The plants extend from near where a species is or was located. For 2009, pp. 1–81; USFWS 2009, Table 1). Lazear, east of Delta, on the northern E. pelinophilum, EO specifications have The petitioners cite a map showing end of the species’ range, to the been developed that lump one to many seven extirpated E. pelinophilum southeastern edge of Montrose in Delta polygons (sites) based on a standardized locations (Reveal 2006, p. 2). These and Montrose Counties, Colorado, and maximum separation distance, in this locations are not included in the CNHP occur from 5,180 to 6,350 feet (ft) (1,579 case 1.2 mi (2 km) across suitable database. We have no information on to 1,965 meters (m)) in elevation (CNHP habitat, and 0.6 mi (1 km) across how these extirpations were 2006, p. 3; 2009, spatial data; unsuitable habitat (CNHP 2007, p. 1). determined, their exact locations, if they NatureServe 2008, pp. 4–5; USFWS We use the term ‘sites’ to define areas were portions of other EOs, or how 2009, Table 1). The known occurrences that contain an EO. EOs are meant to many plants were lost; therefore, they exist within an area roughly 11.5 miles approximate populations. Although not are not included in our assessments of (mi) (18.5 kilometers (km)) by 28.5 mi explicitly stated, we believe that the populations. (45.6 km) (CNHP 2009, spatial data). populations cited by the petitioners are We are aware of two additional The area where E. pelinophilum occurs E. pelinophilum EOs identified as of populations of Eriogonum pelinophilum is dry, receiving an average of 8 to 9 in. 2006. that are not incorporated into the CNHP (20 to 23 centimeters (cm)) of database, and that, based on appropriate precipitation a year (Western Regional Evaluation of Information Contained in separation distances, would comprise Climate Center 2009a, p. 1; 2009b, p. 1). the Petition two new EOs (see Table 1). One site has The soils where E. pelinophilum is The petitioners state that 16 fewer than 100 plants and the other site found are described as whitish, alkaline populations of Eriogonum pelinophilum has an estimated 500 plants (TriState (pH over 7), clay soils of the Mancos existed in 2006, containing 30,000 to 2004, map; Boyle in litt. 2009, map). shale formation. They are part of the 60,000 individuals total, and that 8 Table 1 provides a comparison of Billings Series, known for their fine historical occurrences have been fully populations cited by the petitioners to texture and weak, unstable structure extirpated (Reveal 2006, p. 2). The known EOs, and land management or (NatureServe 2008, p. 4). In addition, petitioners describe general threats to ownership status. the soils are calcareous (containing the species’ habitat, and specific threats Of the 12 EOs where Eriogonum calcium carbonate). Plants are generally to each of the 16 E. pelinophilum pelinophilum is currently known to found within swales or drainages where populations. The petitioners give exist (not counting the 2 newly there is more moisture than surrounding reasons why revising critical habitat for discovered EOs), 2 are ranked by CNHP areas. These swales are generally E. pelinophilum is prudent and as A, 6 are ranked as B, 3 are ranked as located in low-lying areas that have determinable, and describe the need as C, and 1 is ranked as D (CNHP 2009, pp. rolling topography, and steeper, more immediate because several of the threats 1–81; USFWS 2009, Table 1). An A rank barren slopes above them. Plants near the species faces are growing in represents E. pelinophilum occurrences Delta at lower elevation areas are magnitude and immediacy. The with the largest size, highest number of associated with small areas where snow petitioners claim that critical habitat individuals, and the best-quality habitat; lingers because of north- and east-facing must be revised because the currently a D rank represents occurrences with aspects (Ewing and Glenne 2009, p. 2). designated habitat omits an area that is the smallest size, the lowest number of

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individuals, and the worst-quality habitat (CNHP 2007, pp. 1–2; 2009, pp. 1–81; USFWS 2009, Table 1).

TABLE 1. COLORADO NATURAL HERITAGE PROGRAM (CNHP) Eriogonum pelinophilum ELEMENT OCCURRENCES (EOS) COMPARED WITH POPULATIONS CITED IN THE PETITION. RANKS A, B, C, AND D REPRESENT THE QUALITY OF THE EO (FROM BEST- TO WORST-QUALITY, RESPECTIVELY); H INDICATES AN EO HAS NOT BEEN VISITED IN OVER 20 YEARS; AND F INDICATES AN EO THAT COULD NOT BE FOUND DURING SUBSEQUENT VISITS. INCLUDED ARE TWO NEWLY DIS- COVERED EOS NOT YET NUMBERED BY CNHP, SEVEN HISTORICAL EOS, AND ONE EO IN WHICH NO PLANTS WERE RECENTLY FOUND (015).

EO Number EO Rank Petition Population Land Management, with Rough Estimates of Ownership Percentage

001 ...... B ...... a, Lawhead Gulch ...... private 003 ...... B ...... d, North Selig Canal ...... 33% BLM–66% private 004 ...... B ...... g, Olathe South ...... private 006 ...... B ...... h, North Mesa ...... private 011 ...... C ...... i, North Fairview ...... 50% BLM–50% private 012 ...... B ...... n, Sunshine Road ...... 5% BLM–95% private 014 ...... A ...... f, Candy Lane/Peach Valley ...... BLM 016 ...... C ...... p, Dry Cedar Creek ...... BLM 018 ...... A ...... o, Wacker Ranch/Fairview South 70% BLM–20% Colorado State (CNAP)–10% private 024 ...... D ...... j, Montrose Northeast ...... private 025 ...... B ...... e, Selig Canal ...... 90% BLM–10% private 041 ...... B ...... new, discovered in 2007 ...... 66% BLM–33% private none ...... none ...... new, discovered in 2004 ...... 33% BLM–66% private none ...... none ...... new, discovered in 2008 ...... BLM 015 ...... F ...... considered extirpated in petition private 007 ...... H, C ...... b, Peach Valley ...... private 013 ...... H, C ...... l, Cedar Creek ...... private 017 ...... H, C ...... m, Oak Grove Road ...... private 019 ...... H, C ...... c, Star Nelson Airport ...... private 021 ...... H, C ...... k, Montrose East ...... private 022 ...... H, C ...... k, Montrose East ...... private 023 ...... H, C ...... not included in petition ...... unknown

The most recent rangewide locations of Eriogonum pelinophilum Finding population estimate for all Eriogonum and number of individuals greatly In making this finding, we relied on pelinophilum EOs ranked A through D, increased (CNHP 2009, EO 18; Ferguson information provided by the petitioners, which does not include the two newly 2007, pp. 2, 4). Survey intensity has not sources cited by the petitioners, and discovered populations, is 276,000 been consistent in the different EOs, so information readily available in our individuals on 575 ac (233 ha) of plant numbers at each EO may not be files. We evaluated that information in currently occupied habitat (CNHP 2009, representative of the true abundance. As accordance with 50 CFR 424.14(c). Our pp. 1–81; USFWS 2009, Table 1). a general rule, plant estimates that are process for making this 90-day finding Roughly 46 percent of the habitat is in not based on a sampling protocol tend under section 4(b)(3)(D) of the Act and private ownership, and 54 percent is to underestimate the number of section 50 CFR 424.14(c) of our managed by either the Bureau of Land individuals at any given location. regulations is limited to a determination Management (BLM) or Colorado Natural of whether the information in the Areas Program (CNAP) (CNHP 2009, pp. Critical Habitat Evaluation petition meets the ‘‘substantial scientific 1–81; USFWS 2009, Table 1). and commercial information’’ threshold. The existing critical habitat for Approximately 14 percent of the total We have assessed information currently occupied habitat is covered by Eriogonum pelinophilum, as designated provided by the petitioners and conservation easements, located on in 1984, encompasses 119.8 ac (48.5 ha) available in our files. The critical habitat privately owned land. Of the 14 known and one population (Lawhead Gulch, designation from 1984 includes E. pelinophilum EOs, including the 2 EO 001), which was then the entire approximately 11 percent of habitat newly discovered populations, 4 occur known range of the species (49 FR known to be currently occupied and 0.7 wholly on private land; 6 occur on a 28565). Within that designation, only percent of individual Eriogonum combination of BLM and private lands; about 65 ac (26 ha) of habitat remains pelinophilum plants. In addition, E. 1 occurs on BLM Colorado State occupied (based on a geospatial pelinophilum has special protections in (Colorado Natural Areas), and private analysis); approximately 2,000 portions of only four extant EOs (on four lands; and 3 occur wholly on BLM land individual plants persist. By comparing private land sites); roughly a third of all (see Table 1). to currently known CNHP EOs, the the known areas currently occupied by We attribute the large difference critical habitat designation for E. the species is on private land with no between the rangewide population pelinophilum includes approximately protections from destruction or adverse estimate from the 2006 petition (30,000 65 of 575 ac (26 of 233 ha) of currently modification of habitat. to 60,000 individuals; Reveal 2006, p. occupied habitat, or only 11 percent, Under section 3 of the Act, critical 2), and our 2009 estimate (276,000 and 2,000 of 276,000 individuals, or habitat is to include the areas essential individuals), to increased survey efforts only 0.7 percent (USFWS 2009, Table to the conservation of the species. that occurred in 2007 near Fairview 1). Conservation is intended to bring the South (EO 018), where the known species to the point at which the

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measures provided under the Act are no often dynamic, and a species’ range may References Cited longer necessary, i.e., the species is move from one area to another over recovered. Critical habitat designations time. We recognize that critical habitat A complete list of all references cited identify, to the extent known and using designated at a particular point in time in this document is available, upon the best scientific and commercial data may not include all of the habitat areas request, from the Western Colorado available, habitat areas containing the we may later determine are necessary Ecological Services Office (see FOR essential physical and biological for the recovery of the species. The FURTHER INFORMATION CONTACT). features that provide for requisite life known habitat areas occupied by E. Author cycle needs of the species (areas on pelinophilum have changed since which are found the PCEs laid out in the critical habitat designation, and The primary authors of this notice are appropriate quantity and spatial identification and designation of the staff members of the U.S. Fish and arrangement for the conservation of the currently known occupied habitat may Wildlife Service, Western Colorado species). The petitioners have presented be essential to the conservation of the Ecological Services Office (see FOR substantial information to indicate that species. FURTHER INFORMATION CONTACT). the critical habitat for Eriogonum On the basis of our evaluation of new pelinophilum, as designated, may not occupied sites provided in the petition Authority represent the entire area containing the and in our files, we find that the physical and biological features petition presents substantial The authority for this action is the essential to the conservation of the information indicating that revising Endangered Species Act of 1973, as species. Only a small proportion of the critical habitat for Eriogonum amended (16 U.S.C. 1531 et seq.). currently known habitat and individuals pelinophilum under the Act may be Dated: June 15, 2009 are included, only the northernmost warranted. Therefore, we are initiating a Rowan W. Gould portion of the species’ range is status review to determine if a revision represented, and areas outside of the to critical habitat for E. pelinophilum is Acting Director, U.S. Fish and Wildlife designation are only provided special warranted under the Act, and if so, how Service protections in portions of 4 of the we would intend to proceed with such [FR Doc. E9–14709 Filed 6–19–09; 8:45 am] remaining 13 populations. Habitat is a revision. BILLING CODE 4310–55–S

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