[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Proposed Rules]
[Pages 62408-62409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24548]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2014-0007; FXES11130900000-156-FF09E42000]
RIN 1018-AY82


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
on a Petition To Downlist the Arroyo Toad, and a Proposed Rule To 
Reclassify the Arroyo Toad as Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of the 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 our March 27, 2014, proposed 
rule to reclassify the arroyo toad (Anaxyrus californicus) as 
threatened under the Endangered Species Act of 1973, as amended (Act). 
We are taking this action to solicit feedback on new information we 
received. Comments previously submitted need not be resubmitted, as 
they will be fully considered in preparation of the final listing 
determination. We anticipate publishing a final determination on or 
before March 27, 2015.

DATES: We will consider comments received or postmarked on or before 
November 17, 2014. 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. Any comments that we 
receive after the closing date may not be considered in the final 
decision on this action.

ADDRESSES: Document availability: You may obtain copies of the proposed 
rule and associated documents, including the new information discussed 
in this document, on the Internet at http://www.regulations.gov at 
Docket No. FWS-R8-ES-2014-0007, or by contacting the U.S. Fish and 
Wildlife Service, Ventura Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).
    Written comments: You may submit written comments by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R8-ES-2014-0007, 
which is the docket number for the rulemaking. Then, in the Search 
panel on the left side of the screen, under the Document

[[Page 62409]]

Type heading, click on the Proposed Rules link to locate the document. 
You may submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R8-ES-2014-0007; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; MS: BPHC; 5275 
Leesburg Pike; Falls Church, VA 22041-3803.
    We request that you send comments only by one of 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 Information Requested 
section, below, for more information).

FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Field Supervisor, 
U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 
Portola Road, Suite B, Ventura, CA 93003; telephone 805-644-1766; 
facsimile 805-644-3958. Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 
800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    In December 2011, we received a petition to reclassify the arroyo 
toad from endangered to threatened, based on analysis and 
recommendations contained in our August 2009 5-year status review of 
the species. On June 4, 2012, we published a 90-day finding that the 
petition presented substantial information indicating that 
reclassifying the arroyo toad may be warranted (77 FR 32922) and 
initiated a status review. After review of all available scientific and 
commercial information, we found that the petitioned action was 
warranted, and we proposed to reclassify the arroyo toad from an 
endangered species to a threatened species on the Federal List of 
Endangered and Threatened Wildlife on March 27, 2014 (79 FR 17106).

New Information

    Since publication of the March 27, 2014, proposed rule, we have 
received new information that we are making available to the public 
prior to making a final determination on the proposed action. In 
accordance with the Service's July 1, 1994, peer review policy (59 FR 
34270) and the Office of Management and Budget's December 16, 2004, 
Final Information Quality Bulletin for Peer Review, the Service 
requested independent expert peer review of the proposed rule and 
supporting scientific analyses. The purpose of seeking independent peer 
review is to ensure use of the best scientific and commercial 
information available and to ensure and maximize the quality, 
objectivity, utility, and integrity of the information upon which the 
proposal is based, as well as to ensure that reviews by qualified 
experts are incorporated into the rulemaking process. One peer review 
was inadvertently not posted in the docket on http://www.regulations.gov prior to May 27, 2014 (the closing date of the 
March 27, 2014, proposed rule's comment period). We are making that 
peer review available now on http://www.regulations.gov at Docket No. 
FWS-R8-ES-2014-0007. Additionally, reopening the comment period for the 
proposed rule will allow for submittal of additional peer reviews 
requested by the Service but not received during the previous comment 
period, as well as other public comments. Any additional peer reviews, 
as well as any other comments we receive, will be made available on 
http://www.regulations.gov at Docket No. FWS-R8-ES-2014-0007.

Information Requested

    We will accept written comments and information during this 
reopened comment period on our proposed downlisting for the arroyo toad 
that published in the Federal Register on March 27, 2014 (79 FR 17106). 
We will consider information and recommendations from all interested 
parties. We intend that any final action resulting from the proposal be 
as accurate as possible and based on the best available scientific and 
commercial data.
    We are particularly interested in new information and comments 
regarding:
    (1) Reasons why we should or should not reclassify the arroyo toad 
under the Act (16 U.S.C. 1531 et seq.).
    (2) New biological or other relevant data concerning any threat (or 
lack thereof) to this species.
    (3) New information concerning the distribution and population size 
or trends of this species.
    (4) New information on the current or planned activities within the 
range of the arroyo toad that may adversely affect or benefit the 
species.
    (5) New information and data on the projected and reasonably likely 
impacts to the arroyo toad or its habitat associated with climate 
change.
    (6) New information on threats or impacts to the arroyo toad in the 
Mexico portion of its range.
    If you submitted comments or information on the proposed rule (79 
FR 17106) during the initial comment period from March 27, 2014, to May 
27, 2014, please do not resubmit them. We have incorporated them into 
the public record, and we will consider them in the preparation of our 
final determination. Our final determination concerning the proposed 
downlisting will take into consideration all written comments and any 
additional information we receive.
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    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 downlisting rule will 
be available for public inspection on http://www.regulations.gov at 
Docket No. FWS-R8-ES-2014-0007, or by appointment, during normal 
business hours, at the U.S. Fish and Wildlife Service, Ventura Fish and 
Wildlife Office (see FOR FURTHER INFORMATION CONTACT). You may obtain 
copies of the proposed rule on the Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2014-0007, or at the U.S. 
Fish and Wildlife Service, Ventura Fish and Wildlife Office (see FOR 
FURTHER INFORMATION CONTACT).

Authority

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

    Dated: October 6, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-24548 Filed 10-16-14; 8:45 am]
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