[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Proposed Rules]
[Pages 22076-22077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09019]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2013-0117; MO 92210-0-0008 B2]
RIN 1018-BA27
Endangered and Threatened Wildlife and Plants; Threatened Status
for Lepidium Papilliferum (Slickspot Peppergrass) Throughout Its Range
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Reconsideration of final rule; reopening of the comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period on the reconsideration of our
final rule listing Lepidium papilliferum (slickspot peppergrass) as a
threatened species throughout its range under the Endangered Species
Act of 1973 (ESA or Act), published February 12, 2014. We published the
reconsideration of the final rule in response to the Idaho District
Court's remand because the Court asked us to reconsider the definition
of the ``foreseeable future'' in regard to this particular species. We
are seeking input on our interpretation of the foreseeable future as it
pertains specifically to L. papilliferum. In addition, we also seek any
new information regarding population status, trends, or threats that
has become available since our last review of the status of the species
in 2009. We are reopening the comment period to allow all interested
parties an additional opportunity to comment. Comments previously
submitted need not be resubmitted, as they will be fully considered in
preparation of our final determination.
DATES: We are reopening the comment period on the revised proposed rule
published in the Federal Register on February 12, 2014 (79 FR 8416). In
order to fully consider and incorporate public comment in the final
determination, we request submission of comments by June 5, 2014.
Comments submitted electronically using the Federal eRulemaking Portal
(see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on
that date.
ADDRESSES: Document availability: You may obtain copies of the
reconsideration of final rule on the Internet at http://www.regulations.gov at Docket No. FWS-R1-ES-2013-0117, or by mail from
the Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Comment submission: You may submit written comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for FWS-R1-ES-2013-0117, which is the
docket number for this rulemaking. You may submit a comment by clicking
on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R1-ES-2013-0117; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Mike Carrier, State Supervisor, U.S.
Fish and Wildlife Service, Idaho Fish and Wildlife Office, 1387 S.
Vinnell Way, Room 368, Boise, ID 83709; telephone 208-378-5243;
facsimile 208-378-5262. If you use a telecommunications device for the
deaf (TDD), call the Federal Information Relay Service (FIRS) at 1-800-
877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We will accept written comments and information during this
reopened comment period on our reconsideration of the final rule
listing Lepidium papilliferum (slickspot peppergrass) as a threatened
species throughout its range that was published in the Federal Register
on February 12, 2014 (79 FR 8416). Any final action regarding the
listing of L. papilliferum will be based on the best scientific and
commercial data available and be as accurate and as effective as
possible. Therefore, we request comments or information from other
concerned governmental agencies, Native American tribes, the scientific
community, industry, general public, and other interested parties
concerning the reconsideration of the final listing rule and our
interpretation of the foreseeable future as it applies specifically to
L. papilliferum. We particularly seek comments regarding:
(1) Our interpretation of the term ``foreseeable future'' and its
application to our evaluation of the status of Lepidium papilliferum;
(2) Our evaluation of new scientific information concerning the
range, distribution, population size and trends, and threats to the
species that has become available since publication of the 2009 final
listing rule;
(3) Our choice of the threshold of 80 to 90 percent loss of
remaining unburned habitat as the point at which the species will be in
danger of extinction;
(4) Any additional scientific information concerning the range,
distribution, population size and trends, or threats to the species
that has become available since publication of the 2009 final listing
rule that we have not already presented and considered; and
(5) Current or planned activities in the subject area that were not
analyzed in the 2009 final listing rule and their possible effect on
this species.
We will consider all comments and information received during the
[[Page 22077]]
comment period on this rulemaking during our preparation of a final
determination. Comments previously submitted on the proposed listing of
Lepidium papilliferum during any of the previous comment periods need
not be resubmitted; they have already been incorporated into the public
record and will be fully considered in the final decision.
Please note that submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or threatened
species must be made ``solely on the basis of the best scientific and
commercial data available.''
You may submit your comments and materials by one of the methods
listed in ADDRESSES. We request that you send comments only by the
methods described in ADDRESSES. If you submit information via http://www.regulations.gov, your entire submission--including any personal
identifying information--will be posted on the Web site. If your
submission is made via a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this information from public review. However, we cannot
guarantee that we will be able to do so. We will post all hardcopy
submissions on http://www.regulations.gov.
Please include sufficient information with your comments to allow
us to verify any scientific or commercial information you include. In
making a final decision on this matter, we will take into consideration
the comments and any additional information we receive. Comments and
materials received, as well as some of the supporting documentation
used in the preparation of a final decision, will be available for
public inspection on http://www.regulations.gov. All information we use
in making our decision is available by appointment, during normal
business hours, at the U.S. Fish and Wildlife Service, Idaho Fish and
Wildlife Office, 1387 S. Vinnell Way, Room 368, Boise, ID 83709;
telephone 208-378-5243; facsimile 208-378-5262 (see FOR FURTHER
INFORMATION CONTACT).
Background
On October 8, 2009 (74 FR 52014), we published a final rule listing
the plant Lepidium papilliferum (slickspot peppergrass) as a threatened
species throughout its range under the Act. On November 16, 2009, Idaho
Governor C. L. ``Butch'' Otter, the Idaho Office of Species
Conservation, Theodore Hoffman, Scott Nicholson, and L.G. Davison &
Sons, Inc., filed a complaint in the U.S. District Court for the
District of Columbia challenging the 2009 final listing rule under the
Administrative Procedure Act and the Endangered Species Act.
Subsequently, the issue was transferred to the U.S. District Court for
the District Court of Idaho. On August 8, 2012, the Court vacated the
final rule listing Lepidium papilliferum as a threatened species under
the Act, with directions that the case be remanded to the Service for
further consideration consistent with the Court's opinion. Otter v.
Salazar, Case No. 1:11-cv-358-CWD (D. Idaho).
The reconsideration of final rule that published on February 12,
2014 (79 FR 8416), constitutes our response to the issue remanded by
the Court. In that document, we presented our interpretation of the
term ``foreseeable future'' as it applies specifically to Lepidium
papilliferum. Further, in applying our interpretation of the
foreseeable future to the status evaluation for L. papilliferum, we
concluded that threatened status should be reinstated for the species
throughout its range. We initially opened a 30-day comment period in
association with our reconsideration of the final rule listing Lepidium
papilliferum as a threatened species; that comment period ended on
March 14, 2014 (79 FR 8416). On February 13, 2014, we received a
request from the Idaho Governor's Office of Species Conservation to
extend the comment period an additional 45 days. We are reopening the
comment period to allow the public additional opportunity to provide
input on our reconsideration of the final listing rule and our
interpretation of the foreseeable future as it applies specifically to
L. papilliferum.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: April 7, 2014.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-09019 Filed 4-18-14; 8:45 am]
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