[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Proposed Rules]
[Pages 39807-39808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16748]



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DEPARTMENT OF THE INTERIOR



Fish and Wildlife Service



50 CFR Part 17



[Docket No. FWS-R1-ES-2010-0071; MO 92210-0-0009]

RIN 1018-AX16




Endangered and Threatened Wildlife and Plants; Designation of 

Critical Habitat for Lepidium papilliferum (Slickspot Peppergrass)



AGENCY: Fish and Wildlife Service, Interior.



ACTION: Proposed rule; extension of comment period.



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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 

extension of the comment period on the proposed designation of critical 

habitat for Lepidium papilliferum (slickspot peppergrass). In total, we 

are proposing to designate 23,374 hectares (57,756 acres) as critical 

habitat for L. papilliferum in Ada, Elmore, Payette, and Owyhee 

Counties in Idaho. We are extending the public comment period an 

additional 60 days beyond the current scheduled closing date of July 

11, 2011. If you have previously submitted comments, you do not need to 

resubmit them since we have incorporated them into the public record 

and will fully consider them in preparation of the final rule.



DATES: Written Comments: We will accept comments received or postmarked 

on or before September 9, 2011. Please note that if you are using the 

Federal eRulemaking Portal (see ADDRESSES section, below) the deadline 

for submitting an electronic comment is 11:59 p.m. Eastern Standard 

Time on this date. Any comments that we receive after the closing date 

may not be fully considered in the final decision on this action.



ADDRESSES: You may submit comments by one of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov. In 

the box that reads ``Enter Keyword or ID,'' enter the docket number for 

this proposed rule, which is FWS-R1-ES-2010-0071 and then click the 

Search button. You should then see an icon that reads ``Submit a 

Comment.'' Please ensure that you have found the correct rulemaking 

before submitting your comment.

     U.S. mail or hand-delivery: Public Comments 

Processing, Attn: FWS-R1-ES-2010-0071; Division of Policy and 

Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 

Drive, MS 2042-PDM; Arlington, VA 22203.

    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). 

Information regarding this notice is available in alternative formats 

upon request.



FOR FURTHER INFORMATION CONTACT: Brian T. Kelly, State Supervisor, U.S. 

Fish and Wildlife Service, Idaho Fish and Wildlife Office, 1387 South 

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 800-

877-8339.



SUPPLEMENTARY INFORMATION: 



Background



    Under the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 et 

seq.), as amended, we listed Lepidium papilliferum as a threatened 

species on October 8, 2009 (74 FR 52014). On May 10, 2011, we published 

the proposed designation of critical habitat for L. papilliferum (76 FR 

27184). All details of the proposed critical habitat designation are 

provided in our May 10, 2011, proposed rule, available online at http://www.regulations.gov, or by contacting the Idaho Fish and Wildlife 

Office (see FOR FURTHER INFORMATION CONTACT). We are seeking data and 

comments from the public on all aspects of the proposed critical 

habitat designation for L. papilliferum.

    On June 1, 2011, we received a request from the Governor of Idaho 

seeking a 60-day extension of the comment period so that the State of 

Idaho may coordinate comments between the State agencies that may be 

affected by critical habitat, and to allow adequate time for citizens 

to provide input on the proposed critical habitat designation. This 

notice announces the 60-day extension as requested.



Public Comments



    We intend that any final action resulting from this proposed rule 

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 the public, other concerned government 

agencies, the scientific community, industry, or other interested 

parties concerning this proposed rule. We will consider information and 

recommendations from all interested parties. We particularly seek 

comments concerning:

    (1) The reasons why we should or should not designate habitat as 

``critical habitat'' under section 4 of the Act, including whether 

there are threats to Lepidium papilliferum from human activity, the 

degree to which threats from human activity can be expected to increase 

due to the designation, and whether that increase in threats outweighs 

the benefit of designation such that the designation of critical 

habitat may not be prudent.

    (2) Specific information on:

     The amount and distribution of Lepidium papilliferum 

habitat;

     What areas occupied at the time of listing and that 

contain features essential to the conservation of Lepidium papilliferum 

should be included in the designation and why;



[[Page 39808]]



     The habitat components (primary constituent elements) 

essential to the conservation of the species, such as specific soil 

characteristics, plant associations, or pollinators, and the quantity 

and spatial arrangement of these features on the landscape needed to 

provide for the conservation of the species;

     What areas not occupied at the time of listing are 

essential for the conservation of the species, if any, and why; and

     Special management considerations or protections that the 

features essential to the conservation of Lepidium papilliferum may 

require, including managing for the potential effects of climate 

change.

    (3) Land use designations and current or planned activities in the 

subject areas and their possible impacts on proposed critical habitat.

    (4) Any probable economic, national security, or other relevant 

impacts of designating any area that may be included in the final 

designation. We are particularly interested in any impacts on small 

entities, and the benefits of including or excluding areas that are 

subject to these impacts.

    (5) Whether the benefits of excluding any particular area from 

critical habitat outweigh the benefits of including that area in 

critical habitat under section 4(b)(2) of the Act, after considering 

both the potential impacts and benefits of the proposed critical 

habitat designation. Under section 4(b)(2) of the Act, we may exclude 

an area from critical habitat if we determine that the benefits of such 

exclusion outweigh the benefits of including that particular area as 

critical habitat, unless failure to designate that specific area as 

critical habitat will result in the extinction of the species. We are 

considering the possible exclusion of areas under private ownership, in 

particular, as we anticipate the benefits of exclusion may outweigh the 

benefits of inclusion in those areas. We, therefore, request specific 

information on:

     The benefits of including any specific areas in the final 

designation and supporting rationale;

     The benefits of excluding any specific areas from the 

final designation and supporting rationale; and

     Whether any specific exclusions may result in the 

extinction of the species and why.

    (6) The use of Public Land Survey System quarter-quarter sections 

to delineate the proposed critical habitat designation; we used 

quarter-quarter sections in this proposed rule because they are the 

most commonly used minimum size and method for delineating land 

ownership boundaries within the range of Lepidium papilliferum.

    (7) Information on the projected and reasonably likely impacts of 

climate change on Lepidium papilliferum and on the critical habitat 

areas we are proposing.

    (8) Whether we could improve or modify our approach to designating 

critical habitat in any way to provide for greater public participation 

and understanding, or to better accommodate public concerns and 

comment.

    Our final determination concerning critical habitat for Lepidium 

papilliferum will take into consideration all written comments we 

receive during the comment period, including comments from peer 

reviewers, comments we receive during any public hearing should one be 

requested, and any additional information we receive during the 

extended comment period. All comments will be included in the public 

record for this rulemaking. On the basis of peer reviewer and public 

comments, we may, during the development of our final determination, 

find that areas within the proposed designation do not meet the 

definition of critical habitat, that some modifications to the 

described boundaries are appropriate, or that areas may or may not be 

appropriate for exclusion under section 4(b)(2) of the Act.

    You may submit your comments and materials concerning our proposed 

rule by one of the methods listed in the ADDRESSES section. We request 

that you send comments only by the methods described in the ADDRESSES 

section.

    If you submit a comment 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 personal identifying 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.

    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, or by appointment, 

during normal business hours, at the U.S. Fish and Wildlife Service, 

Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

    We will take into consideration all comments and any additional 

information we received during this extended comment period on the 

proposed rule during the preparation of a final rulemaking. 

Accordingly, the final decision may differ from the proposal.



Authors



    The primary authors of this notice are the staff members of the 

Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT 

section).



    Authority: The authority for this action is the Endangered 

Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).



    Dated: June 24, 2011.

 Rachel Jacobson,

 Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 2011-16748 Filed 7-6-11; 8:45 am]

BILLING CODE 4310-55-P