[Federal Register Volume 78, Number 226 (Friday, November 22, 2013)]
[Rules and Regulations]
[Page 70001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28146]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket Nos. FWS-R1-ES-2012-0017; FWS-R1-ES-2013-0012; 4500030113]
RIN 1018-AX72; 1018-AZ54


Endangered and Threatened Wildlife and Plants; Threatened Status 
and Designation of Critical Habitat for Eriogonum codium (Umtanum 
Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White 
Bluffs Bladderpod); Delay of Effective Dates

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rules; delay of effective dates.

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SUMMARY: This document delays for an additional 4 weeks the effective 
date of two rules to conserve Eriogonum codium (Umtanum desert 
buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs 
bladderpod). Both rules had an effective date of November 22, 2013. We 
are taking this action to allow time for us to address additional 
public comments received on the rules.

DATES: The effective dates of both the ``Threatened Status for 
Eriogonum codium (Umtanum Desert Buckwheat) and Physaria douglasii 
subsp. tuplashensis (White Bluffs Bladderpod)'' (78 FR 23984; April 23, 
2013) and ``Designation of Critical Habitat for Eriogonum codium 
(Umtanum Desert Buckwheat) and Physaria douglasii subsp. tuplashensis 
(White Bluffs Bladderpod)'' (78 FR 24008; April 23, 2013) are delayed 
until December 20, 2013.

ADDRESSES: You may obtain copies of these rules and related materials 
at http://www.regulations.gov in Dockets FWS-R1-ES-2012-0017 (for the 
listing rule) and FWS-R1-ES-2013-0012 (for the critical habitat rule).

FOR FURTHER INFORMATION CONTACT: Ken Berg, Manager, U.S. Fish and 
Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond 
Drive, Suite 102, Lacey, Washington 98503-1263, by telephone (360) 753-
9440, or by facsimile (360) 753-9405. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: Under the authority of the Endangered 
Species Act (Act) (16 U.S.C. 1531 et seq.), the U.S. Fish and Wildlife 
Service issued the following two rules on April 23, 2013: ``Endangered 
and Threatened Wildlife and Plants; Threatened Status for Eriogonum 
codium (Umtanum Desert Buckwheat) and Physaria douglasii subsp. 
tuplashensis (White Bluffs Bladderpod)'' (78 FR 23984) and ``Endangered 
and Threatened Wildlife and Plants; Designation of Critical Habitat for 
Eriogonum codium (Umtanum Desert Buckwheat) and Physaria douglasii 
subsp. tuplashensis (White Bluffs Bladderpod)'' (78 FR 24008). The 
final rule pertaining to threatened status implements the Federal 
protections provided by the Act for these species. The critical habitat 
final rule conserves both species' habitat under the Act. Both rules 
had an effective date of May 23, 2013.
    On May 23, 2013, we delayed for 6 months the effective date of the 
rules to November 22, 2013 (78 FR 30772). The delay in effective date 
was necessary to allow us time to follow proper procedure in accordance 
with 16 U.S.C. section 1533(b)(5). In fulfilling that responsibility, 
we also decided to accept and consider additional public comments on 
the rules. Accordingly, on May 23, 2013, we also announced the 
reopening of the public comment periods (78 FR 30839) on the May 15, 
2012, proposed listing and designation of critical habitat for the 
Umtanum desert buckwheat and White Bluffs bladderpod (77 FR 28704). On 
July 11, 2013, we held two public hearings on the proposed rules (78 FR 
38895; June 28, 2013). The second comment period closed July 22, 2013.
    We are further delaying the effective dates of these rules an 
additional 4 weeks to allow us adequate time to fully consider the 
additional public comments we received on these rulemaking actions. We 
believe this additional time is necessary for us to carry out our 
responsibility under the Act to take actions to conserve these species 
based on the best scientific and commercial data available. To the 
extent that 5 U.S.C. section 553 applies to this situation, this action 
is exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. section 553(b)(A).

    Dated: 18 November 2013.
Rachel Jacobsen,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-28146 Filed 11-21-13; 8:45 am]
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