Vol. 77 Wednesday, No. 192 October 3, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding for the Lemmon Fleabane; Endangered Status for the Acun˜a Cactus and the Fickeisen Plains Cactus and Designation of Critical Habitat; Proposed Rule VerDate Mar<15>2010 15:23 Oct 02, 2012 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\03OCP2.SGM 03OCP2 erowe on DSK2VPTVN1PROD with 60510 Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR under the Document Type heading, Pediocactus peeblesianus var. click on the Proposed Rules link to fickeiseniae (Fickeisen plains cactus) as Fish and Wildlife Service locate this document. You may submit endangered species and to designate a comment by clicking on ‘‘Comment critical habitat. For the remainder of this 50 CFR Part 17 Now!’’ document, these species will be referred [Docket No. FWS–R2–ES–2012–0061; (2) By hard copy: Submit by U.S. mail to by their common names. 4500030113] or hand-delivery to: Public Comments The Endangered Species Act provides Processing, Attn: FWS–R2–ES–2012– the basis for our action. Under the Act, RIN 1018–AY51 0061; Division of Policy and Directives we can determine that a species is an Management; U.S. Fish and Wildlife endangered or threatened species based Endangered and Threatened Wildlife Service; 4401 N. Fairfax Drive, MS on any of five factors: (A) The present and Plants; 12-Month Finding for the 2042–PDM; Arlington, VA 22203. or threatened destruction, modification, Lemmon Fleabane; Endangered Status We request that you send comments or curtailment of its habitat or range; (B) for the Acun˜ a Cactus and the only by the methods described above. overutilization for commercial, Fickeisen Plains Cactus and We will post all comments on http:// recreational, scientific, or educational Designation of Critical Habitat www.regulations.gov. This generally purposes; (C) disease or predation; (D) AGENCY: Fish and Wildlife Service, means that we will post any personal the inadequacy of existing regulatory Interior. information you provide us (see the mechanisms; or (E) other natural or ACTION: Proposed rule; 12-month Information Requested section below for manmade factors affecting its continued finding. more information). existence. The coordinates or plot points or both We have determined that the Lemmon SUMMARY: We, the U.S. Fish and from which the critical habitat maps are fleabane does no longer warrant listing. Wildlife Service (Service), announce a generated are included in the Through our five factor analysis, we 12-month finding on a petition to list as administrative record for this have determined that the previously an endangered or threatened species rulemaking and are available at http:// recognized threats to the Lemmon Erigeron lemmonii (Lemmon fleabane). www.fws.gov/southwest/es/arizona/, fleabane do not rise to a level of After a review of the best available http://www.regulations.gov at Docket significance such that the species is in scientific information we find that No. FWS–R2–ES–2012–0061, and at the danger of extinction now or likely to listing the Lemmon fleabane as an Arizona Ecological Services Field Office become so in the foreseeable future. endangered or threatened species is no (see FOR FURTHER INFORMATION CONTACT). We have determined that the longer warranted, and therefore we are Any additional tools or supporting following are threats to the acun˜ a removing this species from the information that we may develop for cactus: • candidate list. We propose to list this rulemaking will also be available at United States—Mexico border Echinomastus erectocentrus var. the Fish and Wildlife Service Web site activities including inadequacy of acunensis (acun˜ a cactus) and regulatory mechanisms, and and Field Office set out above, and may • Pediocactus peeblesianus var. also be included in the preamble and/ Predation by native insect and fickeiseniae (Fickeisen plains cactus) as or at www.regulations.gov. small mammal predators, in combination with other natural or an endangered species, and we propose FOR FURTHER INFORMATION CONTACT: manmade factors, including natural to designate critical habitat for both Steve Spangle, Field Supervisor, U.S. environmental variability and climate cactus species under the Endangered Fish and Wildlife Service, Arizona conditions such as drought. Species Act of 1973, as amended (Act). Ecological Services Field Office, 2321 If finalized, the effect of these We have determined that the W. Royal Palm Road, Suite 103, following are threats to the Fickeisen regulations would be to add acun˜ a Phoenix, AZ 85021; telephone (602) cactus and Fickeisen plains cactus to plains cactus: 242–0210; facsimile (602) 242–2513. • Livestock grazing; the List of Endangered and Threatened Persons who use a telecommunications • Nonnative, invasive species; and Plants and to designate critical habitat device for the deaf (TDD) may call the • Predation by native small mammal for these species. Federal Information Relay Service predators, in combination with other DATES: We will accept comments (FIRS) at 800–877–8339. natural or manmade factors, including received or postmarked on or before SUPPLEMENTARY INFORMATION: natural environmental variability and December 3, 2012. Comments submitted climate conditions such as drought. electronically using the Federal Executive Summary This rule also proposes designation of eRulemaking Portal (see ADDRESSES Why we need to publish a rule. Under critical habitat for both species. Under section, below) must be received by the Endangered Species Act of 1973, as the Act, we must, to the maximum 11:59 p.m. Eastern Time on the closing amended a species may warrant extent prudent and determinable, date. We must receive requests for protection through listing if it is an designate critical habitat for any species public hearings, in writing, at the endangered or threatened species that is determined to be an endangered address shown in the FOR FURTHER throughout all or a significant portion of or threatened species. We are required INFORMATION CONTACT section by its range. The Act sets forth procedures to base the designation on the best November 19, 2012. for adding species to, removing species available scientific data after taking into ADDRESSES: You may submit comments from, or reclassifying species on the consideration economic and other by one of the following methods: Federal Lists of Endangered and impacts. We can exclude an area from (1) Electronically: Go to the Federal Threatened Wildlife and Plants. This critical habitat if the benefits of eRulemaking Portal: http:// document consists of a 12-month not- exclusion outweigh the benefits of www.regulations.gov. In the Keyword warranted finding and withdrawal of designation, unless the exclusion will box, enter Docket No. FWS–R2–ES– Erigeron lemmonii (Lemmon fleabane) result in the extinction of the species. In 2012–0061, which is the docket number from the candidate list, and a proposed total, we are proposing approximately for this rulemaking. Then, in the Search rule to list Echinomastus erectocentrus 21,740 hectares (ha) (53,720 acres (ac)) panel on the left side of the screen, var. acunensis (acun˜ a cactus) and for designation as critical habitat for VerDate Mar<15>2010 15:23 Oct 02, 2012 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\03OCP2.SGM 03OCP2 erowe on DSK2VPTVN1PROD with Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Proposed Rules 60511 acun˜ a cactus (Table 1) and The proposed critical habitat for acun˜ a critical habitat for the Fickeisen plains approximately 19,901 ha (49,186 ac) for cactus is located in Maricopa, Pima, and cactus is in Coconino and Mohave the Fickeisen plains cactus (Table 2). Pinal Counties, Arizona. The proposed Counties, Arizona. TABLE 1—PROPOSED CRITICAL HABITAT FOR THE ACUN˜ A CACTUS Federal State Tribal Private Total Ha Ha Ha Ha Ha (Ac) (Ac) (Ac) (Ac) (Ac) 11,953 5,773 2,256 1,757 21,740 (29,536) (14,266) (5,575) (4,342) (53,720) TABLE 2—PROPOSED CRITICAL HABITAT FOR THE FICKEISEN PLAINS CACTUS Federal State Tribal Private Total Ha Ha Ha Ha Ha (Ac) (Ac) (Ac) (Ac) (Ac) 6,671 5,617 3,865 3,748 19,901 (16,486) (13,883) (9,554) (9,263) (49,186) We are preparing an economic (2) The factors that are the basis for (b) What may constitute ‘‘physical or analysis. To ensure that we consider the making a listing determination for a biological features essential to the economic impacts of designating critical species under section 4(a) of the Act (16 conservation of these species,’’ within habitat, we are preparing an economic U.S.C. 1531 et seq.), which are: the geographical range currently analysis of the proposed designation. (a) The present or threatened occupied by these species; We will seek peer review of the destruction, modification, or (c) Where these features are currently methods we used in our proposal. We curtailment of their habitat or range; found; are seeking comments from independent (b) Overutilization for commercial, (d) Whether any of these features may specialists to ensure that our proposal is recreational, scientific, or educational require special management based on scientifically sound data, purposes; considerations or protection; assumptions, and analyses. (c) Disease or predation; (e) What areas, that were occupied at We are seeking public comment on (d) The inadequacy of existing the time of listing (or are currently this proposed rule. Anyone is welcome regulatory mechanisms; or occupied) and that contain features to comment on our proposal or provide (e) Other natural or manmade factors essential to the conservation of these additional information on the proposal affecting their continued existence. species, should be included in the designation and why; that we can use in making a final (3) Biological, commercial trade, or (f) What areas not occupied at the determination on the status of these other relevant data concerning any time of listing are essential for the species.