83 FR 14198 - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Dakota Skipper and Poweshiek Skipperling; Correction

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 64 (April 3, 2018)

We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on October 1, 2015, to designate critical habitat for the Dakota skipper (Hesperia dacotae) and the Poweshiek skipperling (Oarisma poweshiek), under the Endangered Species Act of 1973, as amended (Act). Inadvertently, we published a map of a critical habitat unit for the Dakota skipper in Minnesota where we should have published a map for the Poweshiek skipperling. This document makes the necessary correction to the critical habitat designation for the Poweshiek skipperling. We are also replacing a map depicting critical habitat for Poweshiek skipperling in Minnesota to make an editorial correction in the title.

[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Rules and Regulations]
[Pages 14198-14202]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06736]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2013-0017; 4500030113]
RIN 1018-AZ58


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Dakota Skipper and Poweshiek Skipperling; 
Correction

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Correcting amendments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, published a final rule 
in the Federal Register on October 1, 2015, to designate critical 
habitat for the Dakota skipper (Hesperia dacotae) and the Poweshiek 
skipperling (Oarisma poweshiek), under the Endangered Species Act of 
1973, as amended (Act). Inadvertently, we published a map of a critical 
habitat unit for the Dakota skipper in Minnesota where we should have 
published a map for the Poweshiek skipperling. This document makes the 
necessary correction to the critical habitat designation for the 
Poweshiek skipperling. We are also replacing a map depicting critical 
habitat for Poweshiek skipperling in Minnesota to make an editorial 
correction in the title.

DATES: This correction is effective April 3, 2018.

FOR FURTHER INFORMATION CONTACT: Susan Wilkinson, (703) 358-2506. If 
you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The Dakota skipper (Hesperia dacotae) is 
listed under the Act as a threatened species, and the Poweshiek 
skipperling (Oarisma poweshiek) is listed as endangered. In a final 
rule that published October 1, 2015 (80 FR 59248), we designated 
critical habitat for the two butterfly species pursuant to the Act (16 
U.S.C. 1531 et seq.). The rule added critical habitat for these species 
to title 50 of the Code of Federal Regulations (CFR) at 50 CFR 
17.95(i). The rule included 32 maps showing critical habitat areas for 
the Dakota skipper and 48 maps showing critical habitat areas for the 
Poweshiek skipperling. We inadvertently inserted a map showing critical 
habitat for the Dakota skipper for Minnesota Unit 7 in the location 
where we should have included a map showing critical habitat for the 
Poweshiek skipperling for Minnesota Unit 7. The two maps are different 
because the areas being designated for each species as ``Minnesota Unit 
7'' are different. Therefore, with this document, we remove the 
incorrect map at paragraph (28) of the entry for Poweshiek skipperling 
and insert the correct map in its place. We are also replacing the map 
depicting critical habitat for Poweshiek skipperling for Minnesota Unit 
10 at paragraph (30) to make an editorial correction in the title. The 
old map referred to ``Swift and Chippewa County,'' and the new map 
correctly refers to ``Swift and Chippewa Counties.''

Previous Federal Action

    We listed the Dakota skipper as a threatened species and the 
Poweshiek skipperling as an endangered species on October 24, 2014 (79 
FR 63672) with a rule issued under section 4(d) of the Act for the 
Dakota skipper. This rule followed publication on October 24, 2013, of 
a proposal to list the Dakota skipper as threatened with a section 4(d) 
rule and the Poweshiek skipperling as endangered (78 FR 63573). Also on 
October 24, 2013, we published in the Federal Register a proposed 
critical habitat designation for the Dakota skipper and Poweshiek 
skipperling (78 FR 63625). We published a final rule designating 
critical habitat for the two species on October 1, 2015 (80 FR 59248).

Administrative Procedure

    As explained above, this rulemaking is necessary to correct an 
error associated with the publication of a map for the wrong species 
and an editorial error related to the title of a map. Therefore, under 
these circumstances, we have determined, pursuant to 5

[[Page 14199]]

U.S.C. 553(b)(3)(B), that prior notice and opportunity for public 
comment are impractical and unnecessary. Public opportunity for comment 
is simply not required when an agency amends a regulation to remove 
regulatory provisions that are nor consistent with law. Such action is 
ministerial in nature and allows for no discretion on the part of the 
agency. Thus, public comment could not inform this process in any 
meaningful way. We have further determined that, under 5 U.S.C. 
553(d)(3), the agency has good cause to make this rule effective upon 
publication, which is to comply with the Act as soon as practicable.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    For the reasons given in the preamble, we amend part 17, subchapter 
B of chapter I, title 50 of the Code of Federal Regulations, as set 
forth below:

PART 17--ENDANGERED AND THREATENED SPECIES

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless 
otherwise noted.


0
2. In Sec.  17.95, in the entry for ``Poweshiek Skipperling (Oarisma 
Poweshiek)'', revise paragraphs (i)(28) and (30) to read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (i) Insects.
* * * * *
    Poweshiek Skipperling (Oarisma Poweshiek)
* * * * *
    (28) PS Minnesota Unit 7, Lincoln and Pipestone Counties, 
Minnesota. Map of PS Minnesota Unit 7 follows:
 BILLING CODE 4333-15-P

[[Page 14200]]

[GRAPHIC] [TIFF OMITTED] TR03AP18.004

* * * * *
    (30) PS Minnesota Unit 10, Swift and Chippewa Counties, Minnesota. 
Map of PS Minnesota Unit 10 follows:

[[Page 14201]]

[GRAPHIC] [TIFF OMITTED] TR03AP18.005


[[Page 14202]]


* * * * *

    Dated: February 14, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, exercising the 
authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-06736 Filed 4-2-18; 8:45 am]
BILLING CODE 4333-15-C