82 FR 27033 - Endangered and Threatened Wildlife and Plants; Reopening the Comment Periods for Five Proposed Rules

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 112 (June 13, 2017)

Page Range		27033-27035
FR Document		2017-11968

We, the U.S. Fish and Wildlife Service (Service), announce that we are reopening the comment periods for our proposed rules to list Festuca ligulata (Guadalupe fescue) as an endangered species; to designate Festuca ligulata critical habitat; to reclassify Sclerocactus brevihamatus ssp. tobuschii (Tobusch fishhook cactus) from endangered to threatened; to reclassify Echinocereus fendleri var. kuenzleri (Kuenzler hedgehog cactus) from endangered to threatened; and to remove Eriogonum gypsophilum (gypsum wild-buckwheat) from the Federal List of Endangered and Threatened Plants. We are reopening the comment period for each of these proposed rules for 30 days in order to publish a legal notice and to give all interested parties further opportunity to comment on the proposed rules. Comments previously submitted need not be resubmitted, as they will be fully considered in preparing the final listing determinations.

Federal Register, Volume 82 Issue 112 (Tuesday, June 13, 2017)

[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Proposed Rules]
[Pages 27033-27035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11968]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket Nos. FWS-R2-ES-2016-0099, FWS-R2-ES-2016-0100, FWS-R2-ES-2016-
0130, FWS-R2-ES-2016-0137, FWS-R2-ES-2016-0119; FXES11130900000C2-167-
FF09E32000]
RINs 1018-BA74; 1018-BA75; 1018-BB90; 1018-BB89; 1018-BB87


Endangered and Threatened Wildlife and Plants; Reopening the 
Comment Periods for Five Proposed Rules

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rules; reopening comment period.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
that we are reopening the comment periods for our proposed rules to 
list Festuca ligulata (Guadalupe fescue) as an endangered species; to 
designate Festuca ligulata critical habitat; to

[[Page 27034]]

reclassify Sclerocactus brevihamatus ssp. tobuschii (Tobusch fishhook 
cactus) from endangered to threatened; to reclassify Echinocereus 
fendleri var. kuenzleri (Kuenzler hedgehog cactus) from endangered to 
threatened; and to remove Eriogonum gypsophilum (gypsum wild-buckwheat) 
from the Federal List of Endangered and Threatened Plants. We are 
reopening the comment period for each of these proposed rules for 30 
days in order to publish a legal notice and to give all interested 
parties further opportunity to comment on the proposed rules. Comments 
previously submitted need not be resubmitted, as they will be fully 
considered in preparing the final listing determinations.

DATES: To allow us adequate time to consider your comments on the 
proposed rule, we must receive your comments on or before July 13, 
2017.

ADDRESSES: 
    Written comments: You may submit comments on the proposed rules by 
one of the following methods:
     Federal eRulemaking Portal: Go to the Federal eRulemaking 
Portal: http://www.regulations.gov. In the Search box, enter the 
appropriate docket number (see Table 1, below). Then click on the 
Search button. On the resulting page, you may submit a comment by 
clicking on ``Comment Now!'' Please ensure that you have found the 
correct rulemaking before submitting your comment.
     By U.S. mail or hand-delivery: Public Comments Processing, 
Attn: [Insert appropriate docket number; see Table 1, below], U.S. Fish 
and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 
22041-3803.
    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 SUPPLEMENTARY INFORMATION for more information).

                           Table 1--List of Proposed Rules Reopened for Public Comment
----------------------------------------------------------------------------------------------------------------
          Proposed rule title             Federal Register citation                   Docket No.
----------------------------------------------------------------------------------------------------------------
Guadalupe Fescue Endangered Species      81 FR 62450; September 9,   FWS-R2-ES-2016-0099
 Status.                                  2016.
Guadalupe Fescue Critical Habitat        81 FR 62455; September 9,   FWS-R2-ES-2016-0100
 Designation.                             2016.
Reclassifying the Tobusch Fishhook       81 FR 95932; December 29,   FWS-R2-ES-2016-0130
 Cactus From Endangered to Threatened     2016.
 on the Federal List of Endangered and
 Threatened Plants.
Reclassifying Echinocereus fendleri      82 FR 1677; January 6,      FWS-R2-ES-2016-0137
 var. kuenzleri From Endangered to        2017.
 Threatened.
Removing Eriogonum gypsophilum From the  82 FR 1657; January 6,      FWS-R2-ES-2016-0119
 Federal List of Endangered and           2017.
 Threatened Plants.
----------------------------------------------------------------------------------------------------------------

    Document availability: Comments and materials we receive, as well 
as supporting documentation we used in preparing the proposed rule, 
will be available for public inspection on http://www.regulations.gov 
under the appropriate docket number (see Table 1, above).

FOR FURTHER INFORMATION CONTACT: 

------------------------------------------------------------------------
          Proposed rule title                     Contact person
------------------------------------------------------------------------
Guadalupe Fescue Endangered Species      Adam Zerrenner, Field
 Status.                                  Supervisor, U.S. Fish and
Guadalupe Fescue Critical Habitat         Wildlife Service, Austin
 Designation.                             Ecological Services Field
Reclassifying the Tobusch Fishhook        Office, 10711 Burnet Rd.,
 Cactus From Endangered to Threatened     Suite 200, Austin, TX 78758;
 on the Federal List of Endangered and    telephone (512) 490-0057.
 Threatened Plants.
Reclassifying Echinocereus fendleri      Susan Millsap, Field
 var. kuenzleri From Endangered to        Supervisor, U.S. Fish and
 Threatened.                              Wildlife Service, 2105 Osuna
Removing Eriogonum gypsophilum From the   Road NE., Albuquerque, NM
 Federal List of Endangered and           87113-1001; telephone (505)
 Threatened Plants.                       761-4781.
------------------------------------------------------------------------

    Individuals who are hearing-impaired or speech-impaired may call 
the Federal Relay Service at (800) 877-8339 for TTY assistance 24 hours 
a day, 7 days a week.

SUPPLEMENTARY INFORMATION: On September 9, 2016, we published proposed 
rules to list Guadalupe fescue as an endangered species on the Federal 
List of Endangered and Threatened Plants (81 FR 62450) and to designate 
its critical habitat (81 FR 62455). We sought information, data and 
comments from the public regarding the proposal for 60 days, ending 
November 8, 2016. We are reopening the comment period on the proposed 
rules for an additional 30 days (see DATES). We will accept written 
comments and information during this reopened comment period. In 
particular, we seek comments concerning the following: (1) New 
information concerning Guadalupe fescue taxonomic classification and 
conservation status; (2) new information on Guadalupe fescue historical 
and current status, range, distribution, and population size, including 
additional population locations; and (3) new information regarding 
Guadalupe fescue life history, ecology and habitats. Please refer to 
the proposed rules for more information on our proposed actions and the 
specific information we seek.
    On December 29, 2016, we published a proposed rule to reclassify 
Tobusch fishhook cactus from an endangered to a threatened species on 
the Federal List of Endangered and Threatened Plants (81 FR 95932). We 
sought information, data and comments from the public regarding the 
proposal for 60 days, ending February 27, 2017. We are reopening the 
comment period on the proposed rule for an additional 30 days (see 
DATES). We will accept written comments and information during this 
reopened comment period. In particular, we seek comments concerning the 
following: (1) New information concerning Tobusch fishhook cactus 
taxonomic classification and conservation status; (2) new information 
on Tobusch fishhook cactus historical and current status, range, 
distribution, and population size, including additional population 
locations; and (3) new information regarding Tobusch fishhook cactus 
life history, ecology and habitats. Please refer to the proposed

[[Page 27035]]

rule for more information on our proposed action and the specific 
information we seek.
    On January 6, 2017, we published a proposed rule to reclassify 
Kuenzler hedgehog cactus from an endangered to a threatened species on 
the Federal List of Endangered and Threatened Plants (82 FR 1677). We 
sought information, data and comments from the public regarding the 
proposal for 60 days, ending March 7, 2017. We are reopening the 
comment period on the proposed rule for an additional 30 days (see 
DATES). We will accept written comments and information during this 
reopened comment period. In particular, we seek comments concerning the 
following: (1) New information concerning Kuenzler hedgehog cactus 
taxonomic classification and conservation status; (2) new information 
on Kuenzler hedgehog cactus historical and current status, range, 
distribution, and population size, including any additional population 
locations; and (3) new information regarding Kuenzler hedgehog cactus 
life history, ecology, and habitats. Please refer to the proposed rule 
for more information on our proposed action and the specific 
information we seek.
    On January 6, 2017, we published a proposed rule to remove gypsum 
wild-buckwheat from the Federal List of Endangered and Threatened 
Plants (82 FR 1657). We sought information, data and comments from the 
public regarding the proposal for 60 days, ending March 7, 2017. We are 
reopening the comment period on the proposed rule for an additional 30 
days (see DATES). We will accept written comments and information 
during this reopened comment period. In particular, we seek comments 
concerning the following: (1) New information concerning gypsum wild-
buckwheat taxonomic classification and conservation status; (2) new 
information on gypsum wild-buckwheat historical and current status, 
range, distribution, and population size, including any additional 
population locations; and (3) new information regarding gypsum wild-
buckwheat life history, ecology, and habitats. Please refer to the 
proposed rule for more information on our proposed action and the 
specific information we seek.
    You may submit your comments and materials concerning any of the 
proposed rules by one of the methods listed in ADDRESSES. Before 
including your address, phone number, email address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. All comments and recommendations, 
including names and addresses, will become part of the administrative 
record.
    If you submit information via http://www.regulations.gov, your 
entire comment--including any personal identifying information--will be 
posted on the Web site. While you can ask us in your comment to 
withhold your personal identifying information from public review, we 
cannot guarantee that we will be able to do so.
    If you mail or hand-deliver a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review, but we 
cannot guarantee that we will be able to do so. To ensure that the 
electronic dockets for these rulemakings are complete and all comments 
we receive are publicly available, we will post all hardcopy 
submissions on http://www.regulations.gov.

Authors

    This document's primary authors are Southwest Regional Office and 
Austin Ecological Services Field Office staff members.

Authority

     The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.) is the authority for this action.

    Dated: March 30, 2017.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-11968 Filed 6-12-17; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Proposed Rules 27033

consistency with the CAA as amended reference. In accordance with • is not subject to requirements of
by SAFETEA–LU and EPA regulations requirements of 1 CFR 51.5, EPA is Section 12(d) of the National
(40 CFR part 93 and 40 CFR 51.390) proposing to incorporate by reference Technology Transfer and Advancement
governing state procedures for general the provisions described above in Act of 1995 (15 U.S.C. 272 note) because
and transportation conformity and Section III. Also in this rule, EPA is it does not involve technical standards;
interagency consultation, and has proposing to remove, in a final EPA and
concluded that the submittal is rule, regulatory text that includes • does not provide EPA with the
consistent with CAA requirements. The incorporation by reference. In discretionary authority to address, as
EPA is taking action only on the accordance with requirements of 1 CFR appropriate, disproportionate human
conformity related portions of the 51.5, EPA is proposing to remove the health or environmental effects, using
March 10, 2016, submittal. The other incorporation by reference of provisions practicable and legally permissible
portions of the submittal are addressed of 18 AAC 50.055 and 50.060 as methods, under Executive Order 12898
in separate actions. described above in Section II (C.) and 18 (59 FR 7629, February 16, 1994).
AAC 50.735 as described in Section III. In addition, the SIP is not approved
III. Proposed Action to apply on any Indian reservation land
EPA has made, and will continue to
EPA is proposing to approve, and make, these documents generally or in any other area where EPA or an
incorporate by reference where available electronically through Indian tribe has demonstrated that a
appropriate, in Alaska’s SIP, all www.regulations.gov and/or in hard tribe has jurisdiction. In those areas of
revisions requested by Alaska on copy at the appropriate EPA office (see Indian country, the rule does not have
September 15, 2016 (state effective 8/20/ the ADDRESSES section of this preamble tribal implications as specified by
2016) to the following provisions: for more information). Executive Order 13175 (65 FR 67249,
• 18 AAC 50.010(4) (Ambient Air V. Statutory and Executive Orders
November 9, 2000), nor will it impose
Quality Standards) substantial direct costs on tribal
Review
• 18 AAC 50.020(a) (Baseline Dates and governments or preempt tribal law.
Maximum Allowable Increases) Under the CAA, the Administrator is
required to approve a SIP submission List of Subjects in 40 CFR Part 52
• 18 AAC 50.035(a)(3) and (a)(7)
(Documents, Procedures, and that complies with the provisions of the Environmental protection, Air
Methods Adopted by Reference) CAA and applicable federal regulations. pollution control, Incorporation by
• 18 AAC 50.040(f) and (h) (Federal 42 U.S.C. 7410(k); 40 CFR 52.02(a). reference, Intergovernmental relations,
Standards Adopted by Reference) Thus, in reviewing SIP submissions, Ozone, Particulate matter, Reporting
• 18 AAC 50.215(a)(3) (Ambient Air EPA’s role is to approve state choices, and recordkeeping requirements.
Quality Analysis Methods) provided they meet the criteria of the Authority: 42 U.S.C. 7401 et seq.
• 18 AAC 50.345(o) (Construction, CAA. Accordingly, this proposed action
Dated: June 1, 2017.
Minor and Operating Permits: merely approves state law as meeting
federal requirements and does not Michelle L. Pirzadeh,
Standard Permit Conditions)
impose additional requirements beyond Acting Regional Administrator, Region 10.
• 18 AAC 50.502(c), (e), (f), (f)(1)(C),
(f)(5), (g), (h)(3)(A), and (h)(3)(B) those imposed by state law. For that [FR Doc. 2017–12234 Filed 6–12–17; 8:45 am]

(Minor Permits for Air Quality reason, this proposed action: BILLING CODE 6560–50–P

Protection) • Is not a ‘‘significant regulatory
• 18 AAC 50.540 (c)(2)(A) (Minor action’’ subject to review by the Office
Permit: Application) of Management and Budget under DEPARTMENT OF THE INTERIOR
• 18 AAC 50.542(b)(5) and (d)(1) (Minor Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, Fish and Wildlife Service
Permit: Review and Issuance)
January 21, 2011);
EPA is also proposing to remove from • does not impose an information 50 CFR Part 17
the SIP the following provisions that collection burden under the provisions
ADEC has repealed as a matter of state [Docket Nos. FWS–R2–ES–2016–0099,
of the Paperwork Reduction Act (44 FWS–R2–ES–2016–0100, FWS–R2–ES–
law: 18 AAC 50.055(a)(2), (a)(3), (a)(7), U.S.C. 3501 et seq.); 2016–0130, FWS–R2–ES–2016–0137, FWS–
(a)(8), (b)(4), (b)(6), (f) (Industrial • is certified as not having a R2–ES–2016–0119; FXES11130900000C2–
process and Fuel-Burning Equipment) significant economic impact on a 167–FF09E32000]
and 18 AAC 50.060 (Pulp Mills). substantial number of small entities
Finally, EPA is proposing to approve under the Regulatory Flexibility Act (5 RINs 1018–BA74; 1018–BA75; 1018–BB90;
revisions to 18 AAC 50, Article 7, 1018–BB89; 1018–BB87
U.S.C. 601 et seq.);
Transportation Conformity, submitted • does not contain any unfunded Endangered and Threatened Wildlife
by Alaska on March 10, 2016; mandate or significantly or uniquely and Plants; Reopening the Comment
specifically, the revisions to affect small governments, as described Periods for Five Proposed Rules
transportation conformity provisions in in the Unfunded Mandates Reform Act
18 AAC 50.715, .720, and removal of the of 1995 (Pub. L. 104–4); AGENCY: Fish and Wildlife Service,
general conformity provisions in .735 as • does not have Federalism Interior.
discussed in Section II.E above. implications as specified in Executive ACTION: Proposed rules; reopening
We have made the preliminary Order 13132 (64 FR 43255, August 10, comment period.
nlaroche on DSK30NT082PROD with PROPOSALS

determination that the submitted SIP 1999);
revisions are consistent with section 110 • is not an economically significant SUMMARY: We, the U.S. Fish and
and part C of Title I of the CAA. regulatory action based on health or Wildlife Service (Service), announce
safety risks subject to Executive Order that we are reopening the comment
IV. Incorporation by Reference periods for our proposed rules to list
13045 (62 FR 19885, April 23, 1997);
In this rule, EPA is proposing to • is not a significant regulatory action Festuca ligulata (Guadalupe fescue) as
include in a final rule, regulatory text subject to Executive Order 13211 (66 FR an endangered species; to designate
that includes incorporation by 28355, May 22, 2001); Festuca ligulata critical habitat; to

VerDate Sep<11>2014 14:57 Jun 12, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM 13JNP1

$Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Proposed Rules 27035 rule for more information on our ending March 7, 2017. We are reopening identifying information—will be posted proposed action and the specific the comment period on the proposed on the Web site. While you can ask us information we seek. rule for an additional 30 days (see in your comment to withhold your On January 6, 2017, we published a DATES). We will accept written personal identifying information from proposed rule to reclassify Kuenzler comments and information during this public review, we cannot guarantee that hedgehog cactus from an endangered to reopened comment period. In particular, we will be able to do so. a threatened species on the Federal List we seek comments concerning the of Endangered and Threatened Plants following: (1) New information If you mail or hand-deliver a (82 FR 1677). We sought information, concerning gypsum wild-buckwheat hardcopy comment that includes data and comments from the public taxonomic classification and personal identifying information, you regarding the proposal for 60 days, conservation status; (2) new information may request at the top of your document ending March 7, 2017. We are reopening on gypsum wild-buckwheat historical that we withhold this information from the comment period on the proposed and current status, range, distribution, public review, but we cannot guarantee rule for an additional 30 days (see and population size, including any that we will be able to do so. To ensure DATES). We will accept written additional population locations; and (3) that the electronic dockets for these comments and information during this new information regarding gypsum rulemakings are complete and all reopened comment period. In particular, wild-buckwheat life history, ecology, comments we receive are publicly we seek comments concerning the and habitats. Please refer to the available, we will post all hardcopy following: (1) New information proposed rule for more information on submissions on http:// concerning Kuenzler hedgehog cactus our proposed action and the specific www.regulations.gov. taxonomic classification and information we seek. conservation status; (2) new information You may submit your comments and Authors on Kuenzler hedgehog cactus historical materials concerning any of the This document’s primary authors are and current status, range, distribution, proposed rules by one of the methods Southwest Regional Office and Austin and population size, including any listed in ADDRESSES. Before including Ecological Services Field Office staff additional population locations; and (3) your address, phone number, email new information regarding Kuenzler address, or other personal identifying members. hedgehog cactus life history, ecology, information in your comment, you Authority and habitats. Please refer to the should be aware that your entire proposed rule for more information on comment—including your personal The Endangered Species Act of 1973, our proposed action and the specific identifying information—may be made as amended (16 U.S.C. 1531 et seq.) is information we seek. publicly available at any time. All the authority for this action. On January 6, 2017, we published a comments and recommendations, Dated: March 30, 2017. proposed rule to remove gypsum wild- including names and addresses, will buckwheat from the Federal List of James W. Kurth, become part of the administrative Endangered and Threatened Plants (82 record. Acting Director, U.S. Fish and Wildlife FR 1657). We sought information, data If you submit information via http:// Service. and comments from the public www.regulations.gov, your entire [FR Doc. 2017–11968 Filed 6–12–17; 8:45 am] regarding the proposal for 60 days, comment—including any personal BILLING CODE 4333–15–P nlaroche on DSK30NT082PROD with PROPOSALS VerDate Sep<11>2014 14:57 Jun 12, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4702 Sfmt 9990 E:\FR\FM\13JNP1.SGM 13JNP1$

Document Created: 2017-06-13 00:22:11
Document Modified: 2017-06-13 00:22:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rules; reopening comment period.
Dates		To allow us adequate time to consider your comments on the proposed rule, we must receive your comments on or before July 13, 2017.
Contact		Proposed rule title Contact person
FR Citation		82 FR 27033

82 FR 27033 - Endangered and Threatened Wildlife and Plants; Reopening the Comment Periods for Five Proposed Rules

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 112 (June 13, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service