Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Proposed Rules 22073 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R06–OW–2014–0234; FRL–9909–67– 

Region–6] 

Ocean Dumping: Proposed 

Cancellation and Modification of Final 

Site Designations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to cancel the 

final designation of two Ocean Dredged 

Material Disposal Sites (ODMDSs) 

located in the Gulf of Mexico near the 

Houma Navigational Canal (HNC) and 

near the Mississippi River Gulf Outlet 

(MRGO) Canal, Louisiana. Both sites are 

EPA-approved ocean dumping sites for 

the disposal of suitable dredged 

material. This proposed action is being 

taken because there is no clear future 

need for the sites. Additionally, EPA 

proposes to modify the period of use, 

use restriction, and name of the 

Homeport Project ODMDS located in the 

Gulf of Mexico offshore of Port Aransas, 

Texas. 

DATES: Comments on this proposed rule 

must be received on or before June 5, 

2014. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OW–2014–0234, by one of the following 

methods: Federal e-Rulemaking Portal: 

http://www.regulations.gov; follow the 

online instruction for submitting 

comments. 

• Email: Dr. Jessica Franks at 

franks.jessica@epa.gov. 

• Fax: Dr. Jessica Franks, Marine and 

Coastal Section (6WQ–EC) at fax 

number 214–665–6689. 

• Mail: Dr. Jessica Franks, Marine and 

Coastal Section (6WQ–EC), 

Environmental Protection Agency, 

Mailcode: (6WQ–EC), 1445 Ross 

Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OW–2014–0234. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Marine and Coastal Section (6WQ– 

EC), Environmental Protection Agency, 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733. The file will be 

made available by appointment for 

public inspection in the Region 6 FOIA 

Review Room between the hours of 8:30 

a.m. and 4:30 p.m. weekdays except for 

legal holidays. Contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT paragraph below. If possible, 

please make the appointment at least 

two working days in advance of your 

visit. There will be a 15 cent per page 

fee for making photocopies of 

documents. On the day of the visit, 

please check in at the EPA Region 6 

reception area at 1445 Ross Avenue, 

Suite 700, Dallas, Texas. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Franks, Ph.D., Marine and 

Coastal Section (6WQ–EC), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–8335, fax number (214) 665– 

6689; email address franks.jessica@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Potentially Affected Persons 

II. Background 

III. Proposed Action 

IV. Administrative Review 

1. Executive Order 12886 

2. Paperwork Reduction Act 

3. Regulatory Flexibility Act, as Amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996 

4. Unfunded Mandates Reform Act 

5. Executive Order 13132: Federalism 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use Compliance With 

Administrative Procedure Act 

9. National Technology Transfer 

Advancement Act 

10. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low Income 

Populations 

I. Potentially Affected Persons 

Persons potentially affected by this 

action include those who seek or might 

seek permits or approval by EPA to 

dispose of dredged material into ocean 

waters pursuant to the Marine 

Protection Research and Sanctuaries 

Act, 33 U.S.C. 1401 et seq. EPA’s action 

would be relevant to persons, including 

organizations and government bodies 

seeking to dispose of dredged material 

in ocean waters offshore of Terrebonne, 

Louisiana, the Mississippi River Gulf 

Outlet (MRGO) Canal, Louisiana, and 

Corpus Christi, Texas. Currently, the 

U.S. Army Corps of Engineers (Corps) 

and other persons with permits to use 

designated sites offshore Terrebonne, 

Louisiana, the Mississippi River Gulf 

Outlet (MRGO) Canal, Louisiana, and 

Corpus Christi, Texas would be most 

impacted by this final action. 

Potentially affected categories and 

persons include: 

Category Examples of potentially regulated persons 

Federal government ........................ USACE Civil Works and O & M projects; other Federal agencies, including the Department of Defense. 

Industry and general public ............ Port authorities, marinas and harbors, shipyards and marine repair facilities, berth owners. 


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Category Examples of potentially regulated persons 

State, local and tribal governments Governments owning and/or responsible for ports, harbors, and/or berths, Government agencies requiring 

disposal of dredged material associated with public works projects. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding persons likely to 

be affected by this action. For any 

questions regarding the applicability of 

this action to a particular entity, please 

refer to the contact person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

II. Background 

Section 102(c) of the Marine 

Protection, Research, and Sanctuaries 

Act (MPRSA) of 1972, as amended, 33 

U.S.C. 1401 et seq., gives the 

Administrator of EPA the authority to 

designate sites where ocean disposal 

may be permitted. On October 1, 1986, 

the Administrator delegated the 

authority to designate ocean disposal 

sites to the Regional Administrator of 

the Region in which the sites are 

located. These proposed cancellations 

and modification are being made 

pursuant to that authority. 

The EPA Ocean Dumping Regulations 

promulgated under MPRSA (40 CFR 

chapter I, subchapter H, § 228.11) state 

that modifications in disposal site use 

which involve withdrawal of disposal 

sites from use or permanent changes in 

the total specified quantities or types of 

wastes permitted to be discharged to a 

specific disposal site will be made by 

promulgation in this part 228. These site 

cancellations and modification of types 

of wastes permitted to be discharged to 

a specific disposal site are being 

published as proposed rulemaking in 

accordance with § 228.11(a) of the 

Ocean Dumping Regulations, which 

permits the withdrawal of designated 

disposal sites from use or changes in the 

total specified quantities or types of 

wastes permitted to be discharged to a 

specific disposal site based upon 

changed circumstances concerning use 

of the site. 

III. Proposed Action 

The proposed cancellation of the 

designations of these sites is needed as 

a housekeeping measure. In essence, 

these ODMDSs either are no longer a 

suitable disposal option or have no 

foreseeable need. The Houma ODMDS is 

now partially occupied by the Houma 

Navigational Canal. The U.S. Corps of 

Engineers has re-aligned the Cat Island 

Pass portion of the HNC several times 

since the construction of this federal 

navigation channel in order to retain a 

channel segment that requires little 

maintenance dredging due to the natural 

hydrodynamics in the vicinity. This 

particular portion of the HNC Cat Island 

Pass channel is characterized by an area 

of deeper water (erosional zone) that is 

moving westwards. Once this deeper 

water erosional zone has moved far 

enough west from the Corps’s channel 

alignment that area of the channel 

begins to shoal (becomes a depositional 

zone). To avoid increased maintenance 

dredging costs, the Corps re-aligns this 

portion of the channel westwards to 

‘‘keep up’’ with the deeper water zone 

as it continues to migrate westwards. 

The Houma ODMDS is located on the 

west side of this channel, and the 

deeper water zone has migrated into the 

ODMDS boundaries. The Houma 

ODMDS has not been used for more 

than twenty (20) years. Instead, dredged 

material from the HNC has been used 

beneficially under Section 404 of the 

Clean Water Act on the two (2) single 

point discharge (SPD) sites located 

within the ODMDS. It is the Corps’ 

intention to continue this practice. As 

such, this type of placement is excluded 

by definition from regulation by 

MPRSA. De-designation of the Houma 

ODMDS will allow the Corps to expand 

the beneficial use of dredged material 

for the creation of durable islands for 

seasonal bird nesting areas regulated 

under Section 404 of the Clean Water 

Act. 

The Mississippi River-Gulf Outlet 

(MRGO) ODMDS is no longer needed. 

On June 5, 2008 the Assistant Secretary 

of the Army for Civil Works forwarded 

the Final MRGO Deep-Draft Deauthorization Report to Congress 

officially de-authorizing the MRGO from 

the Gulf Intercoastal Water Way (GIWW) 

to the Gulf of Mexico as a federal 

navigation project. The report also 

authorized the construction of a rock 

closure structure across MRGO which 

was completed in late July 2009. 

The proposed modification of the 

period of use and use restriction on the 

Homeport Project ODMDS is needed to 

change the use of the site to include 

suitable dredged material from the 

greater Corpus Christi, Texas vicinity 

over an indefinite period of time. The 

Homeport Project ODMDS was 

designated to provide a disposal area for 

placement of suitable construction 

dredge material from the U.S. Navy’s 

Homeport Project at Corpus Christi/

Ingleside, Texas. The Homeport Project 

never materialized and therefore, the 

ODMDS was never used. Use of the 

ODMDS was limited to suitable dredged 

material from the Homeport Project over 

a 50 year period. There is a need for 

placement of construction dredged 

material from the Corpus Christi 

Channel Channel Improvement Project 

(CIP) as described in the Final 

Environmental Impact Statement (FEIS) 

for the Corpus Christi Ship Channel 

Channel Improvements Project Corpus 

Christi and Nueces Bays, Nueces and 

San Patricio Counties, Texas published 

in April 2003. Based on the FEIS, 

suitable dredged material will be placed 

beneficially in the location of the 

Homeport Project ODMDS under 

Section 404 of the Clean Water Act 

(CWA). CWA Section 404 has 

jurisdiction in the Territorial Sea or 

coastal waters from the baseline to three 

(3) nautical miles seaward. Because the 

Homeport Project ODMDS is located 

beyond the boundary of the Territorial 

Sea and in the open ocean, the CWA 

Section 404 does not have jurisdiction. 

As a result there is a need to change the 

use restriction placed on the Homeport 

Project ODMDS to include suitable 

dredged material from the greater 

Corpus Christi, Texas vicinity. Since 

dredged material placement at this 

ODMDS is expected to be an on-going 

process over many years, the period of 

use is being changed to continuing use. 

EPA also proposes to change the name 

of the Homeport Project ODMDS to 

Corpus Christi New Work ODMDS. The 

current name is no longer applicable 

since it was the name of the project at 

the time the ODMDS was designated. 

IV. Administrative Review 

1. Executive Order 12866 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993) EPA must 

determine whether the regulatory action 

is ‘‘significant,’’ and therefore subject to 

Office of Management and Budget 

(OMB) review and other requirements of 

the Executive Order. The Order defines 

‘‘significant regulatory action’’ as one 

that is likely to lead to a rule that may: 

(a) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect in a material way, the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or Tribal governments or 

communities; 


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(b) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(c) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof: or 

(d) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

This Proposed Rule should have 

minimal impact on State, local, or Tribal 

governments or communities. 

Consequently, EPA has determined that 

this Proposed Rule is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866. 

2. Paperwork Reduction Act 

The Paperwork Reduction Act, 44 

U.S.C. 3501 et seq., is intended to 

minimize the reporting and 

recordkeeping burden on the regulated 

community, as well as to minimize the 

cost of Federal information collection 

and dissemination. In general, the Act 

requires that information requests and 

recordkeeping requirements affecting 

ten or more non-Federal respondents be 

approved by OMB. Since the Proposed 

Rule would not establish or modify any 

information or recordkeeping 

requirements, but only clarifies existing 

requirements, it is not subject to the 

provisions of the Paperwork Reduction 

Act. 

3. Regulatory Flexibility Act, as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

This proposed rule will not impose 

any requirements on small entities. The 

modification of the Homeport Project 

ODMDS broadens the use of the site 

providing an additional option for 

dredged material placement in the 

Corpus Christi, Texas vicinity. The 

removal of the Houma ODMDS will 

allow for the beneficial use of dredged 

material under CWA Section 404 for the 

creation of bird islands. The closing of 

the Mississippi River Gulf Outlet 

Navigation Channel was mandated by 

Congress and therefore the associated 

ODMDS is no longer needed. For these 

reasons, the Regional Administrator 

certifies, pursuant to section 605(b) of 

the RFA, that the Proposed Rule will not 

have a significant economic impact on 

a substantial number of small entities. 

4. Unfunded Mandates Reform Act 

This Proposed Rule contains no 

Federal mandates under the provisions 

of Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) of 1995 

(Pub. L. 104–4) for State, local, or tribal 

governments or the private sector that 

may result in estimated costs of $100 

million or more in any year. It imposes 

no new enforceable duty on any State, 

local or tribal governments or the 

private sector nor does it contain any 

regulatory requirements that might 

significantly or uniquely affect small 

government entities. Thus, the 

requirements of section 203 of the 

UMRA do not apply to this Proposed 

Rule. 

5. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications. ‘‘Policies that have 

federalism implications’’ are defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This Proposed Rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

Tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ This Final Rule does not 

have Tribal implications, as defined in 

Executive Order 13175. 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This Executive Order (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

EPA must evaluate the environmental 

health or safety effects of the planned 

rule on children, and explain why the 

planned regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by EPA. 

This Proposed Rule is not subject to the 

Executive Order because it is not 

economically significant as defined in 

Executive Order 12866, and because 

EPA does not have reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use Compliance With 

Administrative Procedure Act 

This Proposed Rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

9. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. This Proposed Rule does 

not involve technical standards. 

Therefore, EPA is not considering the 

use of any voluntary consensus 

standards. 

10. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Executive Order 12898 (59 FR 7629) 

directs Federal agencies to determine 

whether the Proposed Rule would have 

a disproportionate adverse impact on 

minority or low-income population 

groups within the project area. The 

Proposed Rule would not significantly 

affect any low-income or minority 

population. 


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22076 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Proposed Rules 

List of Subjects in 40 CFR Part 228 

Environmental protection, Water 

pollution control. 

Dated: April 2, 2014. 

Samuel Coleman, 

Deputy Regional Administrator, Region 6. 

In consideration of the foregoing, EPA 

is proposing to amend part 228, chapter 

I of title 40 of the Code of Federal 

Regulations as follows: 

PART 228—CRITERIA FOR THE 

MANAGEMENT OF DISPOSAL SITES 

FOR OCEAN DUMPING 

■ 1. The authority citation for part 228 

continues to read as follows: 

Authority: 33 U.S.C. 1412 and 1418. 

■ 2. Section 228.15 is amended as 

follows: 

■ a. By removing and reserving 

paragraphs (j)(1) and (4); and 

■ b. By revising paragraphs (j)(16) 

introductory text and (j)(16)(v) and (vi) 

to read as follows: 

§ 228.15 Dumping sites designated on a 

final basis. 

* * * * * 

(j) * * * 

(16) Corpus Christi New Work 

ODMDS, Corpus Christi, Texas. 

* * * * * 

(v) Period of Use: Continuing use. 

(vi) Restrictions: Disposal shall be 

limited to suitable dredged material 

from the greater Corpus Christi, Texas 

vicinity. Disposal shall comply with 

conditions set forth in the most recent 

approved Site Management and 

Monitoring Plan. 

* * * * * 

[FR Doc. 2014–09008 Filed 4–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R1–ES–2013–0117; MO 

92210–0–0008 B2] 

RIN 1018–BA27 

Endangered and Threatened Wildlife 

and Plants; Threatened Status for 

Lepidium papilliferum (Slickspot 

Peppergrass) Throughout Its Range 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Reconsideration of final rule; 

reopening of the comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

on the reconsideration of our final rule 

listing Lepidium papilliferum (slickspot 

peppergrass) as a threatened species 

throughout its range under the 

Endangered Species Act of 1973 (ESA or 

Act), published February 12, 2014. We 

published the reconsideration of the 

final rule in response to the Idaho 

District Court’s remand because the 

Court asked us to reconsider the 

definition of the ‘‘foreseeable future’’ in 

regard to this particular species. We are 

seeking input on our interpretation of 

the foreseeable future as it pertains 

specifically to L. papilliferum. In 

addition, we also seek any new 

information regarding population status, 

trends, or threats that has become 

available since our last review of the 

status of the species in 2009. We are 

reopening the comment period to allow 

all interested parties an additional 

opportunity to comment. Comments 

previously submitted need not be 

resubmitted, as they will be fully 

considered in preparation of our final 

determination. 

DATES: We are reopening the comment 

period on the revised proposed rule 

published in the Federal Register on 

February 12, 2014 (79 FR 8416). In order 

to fully consider and incorporate public 

comment in the final determination, we 

request submission of comments by 

June 5, 2014. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES, 

below) must be received by 11:59 p.m. 

Eastern Time on that date. 

ADDRESSES: Document availability: You 

may obtain copies of the reconsideration 

of final rule on the Internet at http://

www.regulations.gov at Docket No. 

FWS–R1–ES–2013–0117, or by mail 

from the Idaho Fish and Wildlife Office 

(see FOR FURTHER INFORMATION CONTACT). 

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– 

R1–ES–2013–0117, which is the docket 

number for this rulemaking. You may 

submit a comment by clicking on 

‘‘Comment Now!’’ 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R1–ES–2013– 

0117; 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: 

Mike Carrier, State Supervisor, U.S. Fish 

and Wildlife Service, Idaho Fish and 

Wildlife Office, 1387 S. 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 1– 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Comments 

We will accept written comments and 

information during this reopened 

comment period on our reconsideration 

of the final rule listing Lepidium 

papilliferum (slickspot peppergrass) as a 

threatened species throughout its range 

that was published in the Federal 

Register on February 12, 2014 (79 FR 

8416). Any final action regarding the 

listing of L. papilliferum 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 

other concerned governmental agencies, 

Native American tribes, the scientific 

community, industry, general public, 

and other interested parties concerning 

the reconsideration of the final listing 

rule and our interpretation of the 

foreseeable future as it applies 

specifically to L. papilliferum. We 

particularly seek comments regarding: 

(1) Our interpretation of the term 

‘‘foreseeable future’’ and its application 

to our evaluation of the status of 

Lepidium papilliferum; 

(2) Our evaluation of new scientific 

information concerning the range, 

distribution, population size and trends, 

and threats to the species that has 

become available since publication of 

the 2009 final listing rule; 

(3) Our choice of the threshold of 80 

to 90 percent loss of remaining 

unburned habitat as the point at which 

the species will be in danger of 

extinction; 

(4) Any additional scientific 

information concerning the range, 

distribution, population size and trends, 

or threats to the species that has become 

available since publication of the 2009 

final listing rule that we have not 

already presented and considered; and 

(5) Current or planned activities in the 

subject area that were not analyzed in 

the 2009 final listing rule and their 

possible effect on this species. 

We will consider all comments and 

information received during the 


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