[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Proposed Rules]
[Pages 55788-55793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22033]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2012-0008; 45000030114]
RIN 1018-AX42


Endangered and Threatened Wildlife and Plants; Designation of 
Revised Critical Habitat for the Allium munzii (Munz's onion) and 
Atriplex coronata var. notatior (San Jacinto Valley Crownscale)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; correction and reopening of 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 April 17, 2012, proposed 
revised designations of critical habitat for Allium munzii (Munz's 
onion) and Atriplex coronata var. notatior (San Jacinto Valley 
crownscale) under the Endangered Species Act of 1973, as amended (Act). 
We also announce the availability of a draft economic analysis (DEA) of 
the proposed designations of critical habitat for A. munzii and A. c. 
var. notatior and an amended required determinations section of the 
proposal. We are reopening the comment period to allow all interested 
parties an opportunity to comment simultaneously on the proposed 
revised designations, the associated DEA, and the amended required 
determinations section. Finally, we correct some errors regarding the 
elevations of habitat necessary for conservation of A. munzii. Comments 
previously submitted need not be resubmitted, as they will be fully 
considered in preparation of the final rule.

DATES: We will consider all comments received or postmarked on or 
before October 11, 2012. Comments submitted electronically using the 
Federal eRulemaking Portal (see ADDRESSES section, below) must be 
received by 11:59 p.m. Eastern Time on the closing date.

ADDRESSES: Document availability: You may obtain copies of the proposed 
rule and the draft economic analysis at the Federal eRulemaking Portal: 
http://www.regulations.gov at Docket No. FWS-R8-ES-2012-0008 or by mail 
from the Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT section).
    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-R8-ES-2012-0008, which is the 
docket number for this rulemaking.
    (2) By Hard Copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R8-ES-2012-0008; 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: Jim Bartel, Field Supervisor, U.S. 
Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 
Hidden Valley Road, Suite 101, Carlsbad, CA 92011, by telephone 760-
431-9440, or by facsimile 760-431-9624. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed revised designations of 
critical habitat for Allium munzii and Atriplex coronata var. notatior 
that was published in the Federal Register on April 17, 2012 (77 FR 
23008), our changes to the primary constituent elements section of the 
proposed rule, our DEA of the proposed designations, and the amended 
required determinations provided in this document. We will consider 
information and recommendations from all interested parties. We are 
particularly interested in comments concerning:
    (1) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et 
seq.), including whether there are threats to the species from human 
activity, the degree of which can be expected to increase due to the 
designation, and whether that increase in threat outweighs the benefit 
of designation such that the designation of critical habitat is not 
prudent.
    (2) Specific information on:
    (a) The distribution of Allium munzii and Atriplex coronata var. 
notatior;
    (b) The amount and distribution of Allium munzii and Atriplex 
coronata var. notatior habitat; and
    (c) What areas within the geographical area occupied by the taxa at 
the time of listing that contain physical or biological features 
essential to the conservation of the taxa we should include in the 
designation and why; and
    (d) What areas outside the geographical area occupied by the taxa 
at the time of listing are essential for the conservation of the taxa 
and why.
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (4) Information on the projected and reasonably likely impacts of 
climate change on Allium munzii and Atriplex coronata var. notatior and 
proposed critical habitat.
    (5) Any foreseeable economic, national security, or other relevant 
impacts that may result from including any particular area in the final 
designations. We are particularly interested in any impacts on small 
entities, and the benefits of including or excluding areas from the 
proposed designations that are subject to these impacts.
    (6) Which specific lands covered by the Western Riverside County 
Multiple Species Habitat Conservation Plan (Western Riverside County 
MSHCP) or other permitted HCPs and proposed for designation as critical 
habitat should be considered for exclusion under section 4(b)(2) of the 
Act, and, for those specific areas, how benefits of exclusion from the 
critical habitat designations would outweigh the benefits of inclusion 
in the designations. We are currently considering excluding, under 
section 4(b)(2) of the Act, all lands covered by the Western Riverside 
County MSHCP or other permitted HCPs and Cooperative Agreements as 
described in the proposed rule (see Exclusions Based on Other Relevant 
Impacts in the proposed designations of critical habitat

[[Page 55789]]

published in the Federal Register on April 17, 2012 (77 FR 23008)).
    (7) Whether our approach to designating critical habitat could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to better accommodate public 
concerns and comments.
    (8) Information on the extent to which the description of economic 
impacts in the DEA is complete and accurate.
    (9) The likelihood of adverse social reactions to the designation 
of critical habitat, as discussed in the DEA, and how the consequences 
of such reactions, if likely to occur, would relate to the conservation 
and regulatory benefits of the proposed critical habitat designations.
    If you submitted comments or information on the proposed rule (77 
FR 23008) during the initial comment period from April 17, 2012, to 
June 18, 2012, please do not resubmit them. We have incorporated them 
into the public record, and we will fully consider them in the 
preparation of our final determination. Our final determination 
concerning revised critical habitat will take into consideration all 
written comments and any additional information we receive during both 
comment periods. On the basis of public comments, we may, during the 
development of our final determination, find that areas proposed do not 
meet the definition of critical habitat, are appropriate for exclusion 
under section 4(b)(2) of the Act, or are not appropriate for exclusion.
    You may submit your comments and materials concerning the proposed 
rule or DEA 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 
comment--including any personal identifying information--will be posted 
on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit 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. 
However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule and DEA, will be 
available for public inspection on http://www.regulations.gov at Docket 
No. FWS-R8-ES-2012-0008, or by appointment, during normal business 
hours, at the U.S. Fish and Wildlife Service, Carlsbad Fish and 
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Background

    This is a notice of availability announcing the reopening of the 
public comment period on the April 17, 2012, proposed revised 
designations of critical habitat for Allium munzii and Atriplex 
coronata var. notatior and the availability of a DEA of the proposed 
designations of critical habitat for A. munzii and A. c. var. notatior.

Allium munzii

    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat for Allium munzii in this document. 
For more information on previous Federal actions concerning A. munzii, 
refer to the following documents that published in the Federal 
Register:
     Proposed designation of critical habitat (77 FR 23008; 
April 17, 2012);
     Proposed listing rule (59 FR 64812; December 15, 1994);
     Final listing rule (63 FR 54975; October 13, 1998);
     The first proposed designation of critical habitat (69 FR 
31569; June 4, 2004); and
     The subsequent final critical habitat rule (70 FR 33015; 
June 7, 2005).
    These documents and the 5-year review for A. munzii, signed on June 
17, 2009, are available on our Web site at http://www.fws.gov/carlsbad/
, on the ECOS Web site for Munz's onion at http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action? spcode=Q2X0, or from the 
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT).
Previous Federal Actions--Allium munzii
    Please see the final listing rule for Allium munzii for a 
description of previous Federal actions through October 13, 1998 (63 FR 
54975). At the time of listing, we concluded that designation of 
critical habitat for A. munzii was not prudent because such designation 
would not benefit the species. On June 4, 2004, we published a proposed 
rule to designate 227 ac (92 ha) of critical habitat for A. munzii on 
Federal land (Cleveland National Forest) in western Riverside County, 
California (69 FR 31569). On June 7, 2005, we published a final rule 
designating 176 ac (71 ha) of land as critical habitat for A. munzii 
(70 FR 33015).
    On March 22, 2006, we announced the initiation of the 5-year review 
for Allium munzii and requested information from the public (71 FR 
14538). The A. munzii 5-year review was completed on June 17, 2009, and 
recommended no change to the endangered status of A. munzii.
    On October 2, 2008, a complaint was filed against the Department of 
the Interior (DOI) and the Service by the Center for Biological 
Diversity (CBD v. Kempthorne, No. 08-CV-01348 (S.D. Cal.)) challenging 
our final critical habitat designation for Allium munzii. In an order 
dated March 24, 2009, the U.S. District Court for the Central District 
of California, Eastern Division, adopted a Stipulated Settlement 
Agreement that was entered into by all parties. The agreement 
stipulates that the Service will reconsider critical habitat 
designations for both A. munzii and Atriplex coronata var. notatior and 
shall submit to the Federal Register proposed revised critical habitat 
determinations for both plants by October 7, 2011. An extension for the 
completion of the new proposed determinations was granted on September 
14, 2011; the new submission date to the Federal Register was April 6, 
2012. Until the effective date of the final determinations (to be 
submitted to the Federal Register on or before April 6, 2013), the 
existing final critical habitat designations for A. munzii and A. c. 
var. notatior remain in place.
    On April 17, 2012, we published a proposed rule to designate 
critical habitat for the Allium munzii (77 FR 23008). We proposed to 
designate approximately 889 acres (ac) (360 hectares (ha)) in 5 units 
containing 13 subunits located in Riverside County, California, as 
critical habitat. A legal notice announcing the publication of the 
proposed rule in the Federal Register and opening of the 60-day public 
comment period was prepared by the Service and published in the The 
Press-Enterprise on April 27, 2012. We will submit for publication in 
the Federal Register a combined final critical habitat rule for Allium 
munzii and Atriplex coronata var. notatior on or before April 6, 2013.
Atriplex coronata var. notatior
    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat for Atriplex coronata var. notatior 
in this document. For more information on previous Federal actions 
concerning A. c. var. notatior, refer to the following documents that 
published in the Federal Register:
     Proposed designation of critical habitat (77 FR 23008; 
April 17, 2012);
     Proposed listing rule (59 FR 64812; December 15, 1994);

[[Page 55790]]

     Final listing rule (63 FR 54975; October 13, 1998);
     The first proposed designation of critical habitat (69 FR 
59844; October 6, 2004); and
     The subsequent final critical habitat rule (70 FR 59952; 
October 13, 2005).
These documents and the 5-year review for A. coronata var. notatior, 
completed on March 31, 2008, are available on our Web site at http://www.fws.gov/carlsbad/, on our ECOS Web page for San Jacinto Valley 
crownscale at http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=Q2ZR, or from the Carlsbad Fish and 
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Previous Federal Actions--Atriplex coronata var. notatior
    Please see the final listing rule for Atriplex coronata var. 
notatior for a description of previous Federal actions through October 
13, 1998 (63 FR 54975), including proposed critical habitat in 1994 (59 
FR 64812; December 15, 1994). At the time of the final listing rule in 
1998, the Service withdrew the proposed critical habitat designation 
based on the taxon's continued decline and determined that designation 
of critical habitat was not prudent, indicating that no benefit over 
that provided by listing would result from such designation (63 FR 
54991; October 13, 1998).
    On October 6, 2004, we published a proposed rule to designate 
critical habitat for Atriplex coronata var. notatior and identified 
15,232 ac (6,164 ha) of habitat that met the definition of critical 
habitat (69 FR 59844). However, we concluded in the 2004 proposed rule 
under section 4(b)(2) of the Act that the benefits of excluding lands 
covered by the Western Riverside County MSHCP outweighed the benefits 
of including them as critical habitat, and, consequently, no lands were 
proposed for designation as critical habitat in the proposed rule. On 
October 13, 2005, we published a final critical habitat determination 
for A. c. var. notatior (70 FR 59952); there was no change from the 
proposed rule. We concluded that all 15,232 ac (6,136 ha) of habitat 
meeting the definition of critical habitat were located either within 
our estimate of the areas to be conserved and managed by the approved 
Western Riverside County MSHCP on existing Public/Quasi-Public Lands, 
or within areas where the MSHCP would ensure that future projects would 
not adversely alter essential hydrological processes, and all areas 
were excluded from critical habitat under section 4(b)(2) of the Act.
    On March 22, 2006, we announced the initiation of the 5-year review 
for Atriplex coronata var. notatior and requested information from the 
public (71 FR 14538). The 5-year review was completed on March 31, 
2008, and recommended no change to the endangered status of A. c. var. 
notatior.
    On October 2, 2008, a complaint was filed against the DOI and the 
Service by the Center for Biological Diversity (CBD v. Kempthorne, No. 
08-CV-01348 (S.D. Cal.)) challenging our final critical habitat 
determinations for Allium munzii and Atriplex coronata var. notatior 
(see Previous Federal Actions--Allium Munzii section above for a 
detailed account of this lawsuit and settlement agreement).
    On April 17, 2012, we published a proposed rule to designate 
critical habitat for the Atriplex coronata var. notatior (77 FR 23008). 
We proposed to designate approximately 8,020 ac (3,246 ha) in 3 units 
located in Riverside County, California, as critical habitat. A legal 
notice announcing the publication of the proposed rule in the Federal 
Register and opening of the 60-day public comment period was prepared 
by the Service and published in The Press-Enterprise on April 27, 2012. 
We will submit for publication in the Federal Register a combined final 
critical habitat rule for Atriplex coronata var. notatior and Allium 
munzii on or before April 6, 2013.

Critical Habitat

    Section 3 of the Act defines critical habitat as the specific areas 
within the geographical area occupied by a species, at the time it is 
listed in accordance with the Act, on which are found those physical or 
biological features essential to the conservation of the species and 
that may require special management considerations or protection, and 
specific areas outside the geographical area occupied by a species at 
the time it is listed, upon a determination that such areas are 
essential for the conservation of the species. If the proposed rule is 
made final, section 7 of the Act will prohibit destruction or adverse 
modification (collectively referred to as ``adverse modification'') of 
the designated critical habitat by any activity funded, authorized, or 
carried out by any Federal agency. Federal agencies proposing actions 
that may affect critical habitat must consult with us on the effects of 
their proposed actions, under section 7(a)(2) of the Act.
    We are revising the proposed designation of revised critical 
habitat for Allium munzii to clarify primary constituent elements 
(PCEs) (2)(i)(b) and (2)(ii) regarding elevations necessary for 
conservation of A. munzii. We stated in the proposed rule that A. 
munzii is found in Riverside County generally between the elevations of 
1,200 to 2,700 ft (366 to 823 m) above mean sea level. Allium munzii is 
also found in Riverside County (Unit 3: Elsinore Peak) at an elevation 
ranging from 3,200 to 3,500 feet (ft) (975 to 1,067 meters (m)). 
Therefore, PCE (2)(i)(b) should read, ``Generally between the 
elevations of 1,200 ft to 3,500 ft (366 to 1,067 m), above mean sea 
level,'' and PCE (2)(ii) should read, ``Outcrops of igneous rocks 
(pyroxenite) on rocky-sandy loam or clay soils within Riversidean sage 
scrub, generally between the elevations of 1,200 to 3,500 ft (366 to 
1,067 m), above mean sea level.''

Consideration of Impacts Under Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act requires that we designate or revise 
critical habitat based upon the best scientific data available, after 
taking into consideration the economic impact, impact on national 
security, or any other relevant impact of specifying any particular 
area as critical habitat. We may exclude an area from critical habitat 
if we determine that the benefits of excluding the area outweigh the 
benefits of including the area as critical habitat, provided such 
exclusion will not result in the extinction of the species.
    When considering the benefits of inclusion for an area, we consider 
the additional regulatory benefits that area would receive from the 
protection from adverse modification as a result of actions with a 
Federal nexus (activities conducted, funded, permitted, or authorized 
by Federal agencies), the educational benefits of mapping areas 
containing essential features that aid in the recovery of the listed 
species, and any benefits that may result from designation due to State 
or Federal laws that may apply to critical habitat. In the case of 
Allium munzii and Atriplex coronata var. notatior, the benefits of 
critical habitat include public awareness of the presence of these taxa 
and the importance of habitat protection, and, where a Federal nexus 
exists, increased habitat protection for these taxa due to protection 
from adverse modification of critical habitat. In practice, situations 
with a Federal nexus exist primarily on Federal lands or for projects 
undertaken by Federal agencies.
    When considering the benefits of exclusion, we consider, among 
other things, whether exclusion of a specific area is likely to result 
in conservation; the continuation, strengthening, or encouragement of 
partnerships; or implementation of a management plan.

[[Page 55791]]

    The final decision on whether to exclude any areas will be based on 
the best scientific data available at the time of the final 
designations, including information obtained during the comment period 
and information about the economic impact of designation. Accordingly, 
we have prepared a draft economic analysis (DEA) concerning the 
proposed critical habitat designations, which is available for review 
and comment (see ADDRESSES section).

Draft Economic Analysis

    The purpose of the DEA is to identify and analyze the potential 
economic impacts associated with the proposed critical habitat 
designations for Allium munzii and Atriplex coronata var. notatior. The 
DEA separates conservation measures into two distinct categories 
according to ``without critical habitat'' and ``with critical habitat'' 
scenarios. The ``without critical habitat'' scenario represents the 
baseline for the analysis, considering protections afforded to A. 
munzii and A. c. var. notatior (e.g., under the Federal listing and 
other Federal, State, and local regulations). The ``with critical 
habitat'' scenario describes the incremental impacts specifically due 
to designation of critical habitat for the two taxa. In other words, 
these incremental conservation measures and associated economic impacts 
would not occur but for the designation. Conservation measures 
implemented under the baseline (without critical habitat) scenario are 
described qualitatively within the DEA, but economic impacts associated 
with these measures are not quantified. Economic impacts are only 
quantified for conservation measures implemented specifically due to 
the designation of critical habitat (i.e., incremental impacts). For a 
further description of the methodology of the analysis, see Chapter 2, 
Framework for the Analysis, of the DEA.
    The DEA provides estimated costs of the foreseeable potential 
economic impacts of the proposed critical habitat designations for 
Allium munzii and Atriplex coronata var. notatior over the next 20 
years, which was determined to be the appropriate period for analysis 
because limited planning information is available for most activities 
to forecast activity levels for projects beyond a 20-year timeframe. It 
identifies potential incremental costs as a result of the proposed 
critical habitat designations; these are those costs attributed to 
critical habitat over and above those baseline costs attributed to 
listing.
    The DEA considers quantification of economic impacts of Allium 
munzii conservation efforts associated with the following categories of 
activity: (1) Development; (2) agricultural operations; (3) 
transportation; (4) fire management; (5) mining (clay); and (6) 
recreational activities (Industrial Economics, Incorporated [IEC] 2012, 
p. 1-6).
    The DEA considers quantification of economic impacts of Atriplex 
coronata var. notatior conservation efforts associated with the 
following categories of activity: (1) Development; (2) agricultural 
operations; (3) transportation; (4) fire management; (5) flood control; 
and (6) utilities (IEC 2012, p. 1-6).
    Because of the substantial baseline protections already afforded 
Allium munzii and Atriplex coronata var. notatior under the Act, and 
the conservation plans, partnerships, or agreements developed and being 
implemented as a result of the listing of the taxa, the incremental 
effects analysis in the DEA focuses on quantifying the following 
categories: (1) Activities that the Service considers threats to Allium 
munzii or its habitat that are not addressed by existing conservation 
plans (i.e., clay mining), (2) activities occurring within A. munzii 
proposed critical habitat Unit 3 (Elsinore Peak), an area not managed 
under an existing conservation plan, and (3) administrative costs 
associated with future section 7 consultations for both taxa (IEC 2012, 
p. 4-1).
    The DEA indicates that the total cost that may result from the 
proposed designation of critical habitat for both plants is $166,000 in 
present-value terms, assuming a seven percent discount rate. The total 
cost that may result from the proposed designation for Allium munzii is 
$92,000 over the 20-year period of the analysis in present-value terms, 
assuming a seven percent discount rate. In areas not currently being 
considered for exclusion from A. munzii critical habitat (Unit 3), 
incremental costs are estimated at $25,000 in present-value terms, 
assuming a seven percent discount rate. In areas currently being 
considered for exclusion from A. munzii critical habitat, incremental 
costs are estimated at $67,000 (IEC 2012, p. 4-2).
    The total cost that may result from the proposed designation for 
Atriplex coronata var. notatior is $74,000 over the 20-year period of 
the analysis, in present-value terms assuming a seven percent discount 
rate. The entire proposed critical habitat for A. c. var. notatior is 
presently being considered for exclusion from the final designation. 
All of these incremental impacts consist entirely of administrative 
costs, including reinitiations of programmatic consultations and 
additional effort of addressing adverse modification as part of future 
section 7 consultations for activities that may affect the two taxa or 
their habitat (IEC 2012, p. 4-2).
    As we stated earlier, we are soliciting data and comments from the 
public on the DEA, as well as all aspects of the proposed rule and our 
amended required determinations. We may revise the proposed rule to 
incorporate or address information we receive during the public comment 
period. In particular, we may exclude an area from critical habitat if 
we determine that the benefits of excluding the area outweigh the 
benefits of including the area, provided the exclusion will not result 
in the extinction of Allium munzii or Atriplex coronata var. notatior.

Required Determinations--Amended

    In our April 17, 2012, proposed rule (77 FR 23008), we indicated 
that we would defer our determination of compliance with several 
statutes and executive orders until the information concerning 
potential economic impacts of the designations and potential effects on 
landowners and stakeholders became available in the DEA. We have now 
made use of the DEA data to make these determinations. In this 
document, we affirm the information in our proposed rule concerning 
Executive Order (E.O.) 12630 (Takings), E.O. 13132 (Federalism), E.O. 
12988 (Civil Justice Reform), E.O. 13211 (Energy, Supply, Distribution, 
and Use), the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.), and the President's 
memorandum of April 29, 1994, ``Government-to-Government Relations with 
Native American Tribal Governments'' (59 FR 22951). We also clarify 
below the information concerning E.O. 12866 and E.O. 13563. However, 
based on the DEA data, we are amending our required determination 
concerning the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. The OIRA has determined that this rule is 
not significant. E.O. 13563 reaffirms the principles of E.O. 12866 
while calling for improvements in the nation's regulatory system to 
promote predictability, to reduce uncertainty, and to use the best, 
most innovative,

[[Page 55792]]

and least burdensome tools for achieving regulatory ends. The executive 
order directs agencies to consider regulatory approaches that reduce 
burdens and maintain flexibility and freedom of choice for the public 
where these approaches are relevant, feasible, and consistent with 
regulatory objectives. E.O. 13563 emphasizes further that regulations 
must be based on the best available science and that the rulemaking 
process must allow for public participation and an open exchange of 
ideas. We have developed this rule in a manner consistent with these 
requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis that describes the effects of the rule on small entities 
(i.e., small businesses, small organizations, and small government 
jurisdictions). However, no regulatory flexibility analysis is required 
if the head of the agency certifies the rule will not have a 
significant economic impact on a substantial number of small entities. 
The SBREFA amended the RFA to require Federal agencies to provide a 
certification statement of the factual basis for certifying that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Based on our DEA of the proposed 
designations, we provide our analysis for determining whether the 
proposed rule would result in a significant economic impact on a 
substantial number of small entities. Based on comments we receive, we 
may revise this determination as part of our final rulemaking.
    According to the Small Business Administration, small entities 
include small organizations such as independent nonprofit 
organizations; small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents; and small businesses (13 CFR 121.201). Small businesses 
include manufacturing and mining concerns with fewer than 500 
employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. To determine if potential economic 
impacts to these small entities are significant, we considered the 
types of activities that might trigger regulatory impacts under these 
designations as well as types of project modifications that may result. 
In general, the term ``significant economic impact'' is meant to apply 
to a typical small business firm's business operations.
    To determine if the proposed revised designations of critical 
habitat for Allium munzii and Atriplex coronata var. notatior would 
affect a substantial number of small entities, we considered the number 
of small entities affected within particular types of economic 
activities, such as (1) Development, (2) agricultural operations, (3) 
transportation, (4) fire management, (5) mining (clay), (6) 
recreational activities, (7) flood control, and (8) utilities. In order 
to determine whether it is appropriate for our agency to certify that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities, we considered each industry or 
category individually. In estimating the numbers of small entities 
potentially affected, we also considered whether their activities have 
any Federal involvement. Critical habitat designation will not affect 
activities that do not have any Federal involvement; designation of 
critical habitat only affects activities conducted, funded, permitted, 
or authorized by Federal agencies. In areas where the A. munzii and A. 
c. var. notatior are present, Federal agencies already are required to 
consult with us under section 7 of the Act on activities they fund, 
permit, or implement that may affect the taxa. If we finalize these 
proposed revised critical habitat designations, consultations to avoid 
the destruction or adverse modification of critical habitat would be 
incorporated into the existing consultation process.
    In the DEA, we evaluated the potential economic effects on small 
entities resulting from implementation of conservation actions related 
to the proposed revised designations of critical habitat for Allium 
munzii and Atriplex coronata var. notatior. The Western Riverside 
County MSHCP and the Lake Mathews MSHCP were evaluated for this 
analysis. For the Western Riverside MSHCP, seven small jurisdictions 
were identified (IEC 2012, p. A-7). However, applying a conservative 
assumption that all of the third-party costs would be borne by a single 
small entity, the one-time impact of reinitiation of the Western 
Riverside County MSHCP was 0.2 percent of reported annual revenues (IEC 
2012, p. A-8). For the Lake Mathews MSHCP with only one small entity 
identified, a similar assumption indicated that a single small entity 
would bear a one-time impact of 0.06 percent of reported annual 
revenues for reinitiation of this conservation plan (IEC 2012, p. A-8). 
Please refer to the DEA for a more detailed discussion of our 
evaluation of potential economic impacts.
    In summary, we have considered whether the proposed revised 
designations would result in a significant economic impact on a 
substantial number of small entities. Information for this analysis was 
gathered from the Small Business Administration, stakeholders, and our 
files. We have identified eight small entities that may be impacted by 
the proposed critical habitat designation. For the above reasons and 
based on currently available information, we certify that, if 
promulgated, the proposed revised critical habitat designations would 
not have a significant economic impact on a substantial number of small 
business entities. Therefore, an initial regulatory flexibility 
analysis is not required.

Authors

    The primary authors of this notice are the staff members of the 
Carlsbad Fish and Wildlife Office, Pacific Southwest Region, U.S. Fish 
and Wildlife Service.

Authority

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

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, we propose to further amend part 17, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations, as proposed to 
be amended at 77 FR 23008, April 17, 2012, as follows:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Amend Sec.  17.96(a) by revising the proposed entry for ``Allium 
munzii

[[Page 55793]]

(Munz's onion)'' in paragraphs (2)(i)(B) and (ii) to read as follows:


Sec.  17.96  Critical habitat--plants.

    (a) Flowering plants.
* * * * *
Family Alliaceae: Allium munzii (Munz's onion)
* * * * *
    (2) * * *
    (i) * * *
    (B) Generally between the elevations of 1,200 to 3,500 ft (366 to 
1,067 m) above mean sea level;
* * * * *
    (ii) Outcrops of igneous rocks (pyroxenite) on rocky-sandy loam or 
clay soils within Riversidean sage scrub, generally between the 
elevations of 1,200 to 3,500 ft (366 to 1,067 m) above mean sea level.
* * * * *

    Dated: August 28, 2012.
Michael J. Bean,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and 
Parks.
[FR Doc. 2012-22033 Filed 9-10-12; 8:45 am]
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