66842 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations (6) It shall not be possible to disarm the Safety Regulations (Theft Prevention and FOR FURTHER INFORMATION CONTACT: immobilization system by interrupting its Rollaway Prevention—Standard 114)’’ 2011– Roxanna Hinzman, U.S. Fish and normal operating voltage. 03–30 Canada Gazette Part II, Vol 145, No. 7. Wildlife Service, South Florida (7) When the normal starting procedure Ecological Services Field Office, 1339 requires that the disarming device Issued in Washington, DC, on September 8, mechanically latch into a receptacle and the 2016, under authority delegated in 49 CFR 20th Street, Vero Beach, FL 32960; device is physically separate from the part 1.95. telephone 772–562–3909; facsimile ignition switch key, one or more motors used Mark R. Rosekind, 772–562–4288. Persons who use a for the vehicle’s propulsion shall start only Administrator. telecommunications device for the deaf after the device is removed from that [FR Doc. 2016–22061 Filed 9–28–16; 8:45 am] (TDD) may call the Federal Information receptacle. BILLING CODE 4910–59–P Relay Service (FIRS) at 800–877–8339. (8)(i) The immobilization system shall have SUPPLEMENTARY INFORMATION: a minimum capacity of 50,000 code variants, shall not be disarmed by a code that can Executive Summary disarm all other immobilization systems of DEPARTMENT OF THE INTERIOR the same make and model; and Why we need to publish a rule. Under (ii) subject to paragraph (9) of this Fish and Wildlife Service the Endangered Species Act, a species appendix, it shall not have the capacity to may warrant protection through listing process more than 5,000 codes within 24 50 CFR Part 17 if it is endangered or threatened hours. throughout all or a significant portion of (9) If an immobilization system uses rolling [Docket No. FWS–R4–ES–2015–0137; its range. Listing a species as an or encrypted codes, it may conform to the 4500030113] endangered or threatened species can following criteria instead of the criteria set RIN 1018–AZ95 only be completed by issuing a rule. out in paragraph (8)(ii) of this appendix: The basis for our action. Under the (i) The probability of obtaining the correct Endangered and Threatened Wildlife code within 24 hours shall not exceed 4 per Endangered Species Act, we may cent; and and Plants; Endangered Species determine that a species is an (ii) It shall not be possible to disarm the Status for Chamaecrista lineata var. endangered or threatened species based system by re-transmitting in any sequence keyensis (Big Pine Partridge Pea), on any of five factors: (A) The present the previous 5 codes generated by the system. Chamaesyce deltoidea ssp. serpyllum or threatened destruction, modification, (10) The immobilization system shall be (Wedge Spurge), and Linum arenicola or curtailment of its habitat or range; (B) designed so that, when tested as installed in (Sand Flax), and Threatened Species overutilization for commercial, the vehicle neither the replacement of an Status for Argythamnia blodgettii recreational, scientific, or educational original immobilization system component (Blodgett’s Silverbush) purposes; (C) disease or predation; (D) with a manufacturer’s replacement the inadequacy of existing regulatory component nor the addition of a AGENCY: Fish and Wildlife Service, mechanisms; or (E) other natural or manufacturer’s component can be completed Interior. without the use of software; and it is not manmade factors affecting its continued ACTION: possible for the vehicle to move under its Final rule. existence. We have determined that the own power for at least 5 minutes after the SUMMARY: We, the U.S. Fish and threats to Chamaecrista lineata var. beginning of the replacement or addition of keyensis, Chamaesyce deltoidea ssp. a component referred to in this paragraph (1). Wildlife Service (Service), determine endangered species status under the serpyllum, Linum arenicola, and (11) The immobilization system’s Argythamnia blodgettii consist conformity to paragraph (10) of this appendix Endangered Species Act of 1973 (Act), as amended, for Chamaecrista lineata primarily of: shall be demonstrated by testing that is • carried out without damaging the vehicle. var. keyensis (Big Pine partridge pea), Habitat loss and modification (12) Paragraph (10)(i) of this appendix does Chamaesyce deltoidea ssp. serpyllum through urban and agricultural not apply to the addition of a disarming (wedge spurge), and Linum arenicola development, and lack of adequate fire device that requires the use of another management (Factor A); and (sand flax), and threatened species • disarming device that is validated by the status for Argythamnia blodgettii The proliferation of nonnative, immobilization system. invasive plants; stochastic events (13) The immobilization system shall be (Blodgett’s silverbush), all plant species from south Florida. The rule adds these (hurricanes and storm surge); designed so that it can neither be bypassed maintenance practices used on nor rendered ineffective in a manner that species to the Federal List of Endangered and Threatened Plants. roadsides and disturbed sites; and sea would allow a vehicle to move under its own level rise (Factor E). power, or be disarmed, using one or more of DATES: This rule is effective October 31, Existing regulatory mechanisms have the tools and equipment listed in paragraph 2016. (14) of this appendix; not been adequate to reduce or remove ADDRESSES: This final rule is available (i) Within a period of less than 5 minutes, these threats (Factor D). when tested as installed in the vehicle; or on the Internet at http:// Peer review and public comment. We (ii) Within a period of less than 2.5 www.regulations.gov. Comments and sought comments from independent minutes, when bench-tested outside the materials we received, as well as specialists to ensure that our vehicle. supporting documentation we used in determination is based on scientifically (14) During a test referred to in paragraph preparing this rule, are available for sound data, assumptions, and analyses. (13) of this appendix, only the following public inspection at http:// We invited these peer reviewers to tools or equipment may be used: Scissors, www.regulations.gov. Comments, comment on our listing proposal. We wire strippers, wire cutters and electrical materials, and documentation that we also considered all other comments and wires, a hammer, a slide hammer, a chisel, considered in this rulemaking will be a punch, a wrench, a screwdriver, pliers, information we received during the steel rods and spikes, a hacksaw, a battery available by appointment, during comment period. normal business hours at: U.S. Fish and operated drill, a battery operated angle Previous Federal Actions grinder; and a battery operated jigsaw. Wildlife Service, South Florida Note: C.R.C, c. 1038.114, Theft Protection Ecological Services Field Office, 1339 Please refer to the proposed listing and Rollaway Prevention (in effect March 30, 20th Street, Vero Beach, FL 32960; rule for Chamaecrista lineata var. 2011). See: SOR/2011–69 March, 2011 telephone 772–562–3909; facsimile keyensis, Chamaesyce deltoidea ssp. ‘‘Regulations Amending the Motor Vehicle 772–562–4288. serpyllum, Linum arenicola, and VerDate Sep<11>2014 22:57 Sep 28, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1 mstockstill on DSK3G9T082PROD with RULES Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 66843 Argythamnia blodgettii (80 FR 58536; corrected to Psidium longipes distribution of Linum arenicola is from September 29, 2015) for a detailed (longstalked stopper). We also correct just north of SW 184 Street (in the description of previous Federal actions the reference to hardwoods in the pine Martinez Pinelands Preserve), south to concerning these species. rocklands of the lower Florida Keys; the the intersection of Card Sound Road and hardwoods in the subcanopy include the C–102 canal, and west to SW 264 Background species such as Byrsonima lucida and Street and 177 Avenue (Everglades Please refer to the proposed listing Mosiera longipes (Bradley 2006, p. 3). Archery Range at Camp Owaissa Bauer). rule (80 FR 58536; September 29, 2015) Current Range, Population Estimates, (2) We correct our description of the for the complete discussion of each and Status compilation of all survey work to plant’s description, habitat, taxonomy, include a missed citation for Possley Please refer to the ‘‘Current Range, distribution, population estimates, (2016, pers. comm.). The corrected Population Estimates, and Status’’ climate, historical range, current range, sentence reads: Based on a compilation section of the proposed rule for the status, and biology. of all survey work through 2016, complete discussion. We make minor Below, we present only revisions to including Austin (1980), Kernan and editorial revisions to the first sentence the discussions in the Background Bradley (1996, pp. 1–30), Bradley and of the third paragraph of that section, as section of the proposed listing rule Gann (1999, pp. 61–65), Hodges and follows: A second indicator, the based on new information from peer Bradley (2006, pp. 37–41), Bradley and frequency with which Chamaecrista review and public comments; as such, Saha (2009, p. 10), Bradley (2009, p. 3), not every plant, or every topic for a lineata var. keyensis occurred in sample plots on Big Pine Key from data Hodges (2010, pp. 4–5, 15), Bradley and plant, will be discussed below. van der Heiden (2013, pp. 6–12, 19), Chamaecrista lineata var. keyensis collected in 2005, 2007, and 2013, also shows a decline. Bradley et al. (2015, pp. 28–29), and (Big Pine partridge pea) Possley (2016, pers. comm.), of 26 Species Description Linum arenicola (sand flax) historical population records for Linum arenicola, 12 populations are extant and Please refer to the ‘‘Species Habitat 14 are extirpated (see Table 3), a loss of Description’’ section of the proposed Please refer to the ‘‘Habitat’’ section of roughly 54 percent of known rule for the complete discussion.