[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Proposed Rules]
[Pages 55788-55793]
From the Federal Register Online via the Government Printing 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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