Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules 29975 

equivalent VRS is provided in the most 

efficient manner. The Commission seeks 

comment on these proposals, which 

include a number of various policy 

questions and alternatives for 

consideration. 

Legal Basis 

38. The authority for this proposed 

rulemaking is contained in sections 1, 2, 

and 225 of the Communications Act of 

1934, as amended, 47 U.S.C. 151, 152, 

225. 

Small Entities Impacted 

39. The proposals in the NPRM will 

affect obligations of VRS providers. 

These services can be included within 

the broad economic category of All 

Other Telecommunications. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

40. The proposed compensation 

methodologies will not create reporting, 

recordkeeping, or other compliance 

requirements. 

Steps Taken To Minimize Significant 

Impact on Small Entities, and 

Significant Alternatives Considered 

41. The Commission is taking steps to 

minimize the impact on small entities 

and considering significant alternatives 

by identifying multiple methodologies 

for compensating VRS providers for the 

provision of VRS. The Commission 

seeks comment on maintaining tiered 

rates, including the specifics for the 

tiered structure and for setting such 

rates, and in the alternative, freezing the 

current rates. The Commission will 

consider these proposals to determine 

the best compensation methodology for 

ensuring choice among suppliers for 

VRS users and to help maintain 

functionally equivalent service and 

maintain an efficient VRS market over 

the long term in accordance with the 

Commission statutory obligations. The 

Commission seeks comment on the 

effect these proposals will have on all 

entities that provide VRS, including 

small entities. 

42. The Commission also seeks 

comment from all interested parties. 

Small entities are encouraged to bring to 

the Commission’s attention any specific 

concerns they may have with the 

proposals outlined in the NPRM. The 

Commission expects to consider the 

economic impact on small entities, as 

identified in comments filed in response 

to the NPRM, in reaching its final 

conclusions and acting in this 

proceeding. 

Federal Rules Which Duplicate, 

Overlap, or Conflict With, the 

Commission’s Proposals 

43. None. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2021–11681 Filed 6–3–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2020–0017; 

FF08E00000 FXES11110800000 212] 

RIN 1018–BF94 

Endangered and Threatened Wildlife 

and Plants; Finding on a Petition To 

List the Tiehm’s Buckwheat as 

Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notification of 12-month 

petition finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

12-month finding on a petition to list 

Tiehm’s buckwheat (Eriogonum tiehmii) 

as an endangered or threatened species 

under the Endangered Species Act of 

1973, as amended (Act). The Service has 

determined, after a review of the best 

available scientific and commercial 

information, that the petitioned action 

to list Tiehm’s buckwheat, a plant 

species native to Nevada in the United 

States, is warranted. The Service, 

therefore, will promptly publish a 

proposed rule to list Tiehm’s buckwheat 

under the Act. 

DATES: The finding in this document 

was made on June 4, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Marc Jackson, Reno Ecological Services 

Field Office, 1340 Financial Boulevard, 

Suite 234, Reno, NV 89502; telephone 

775–861–6337. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service at 800–877–8339. 

Availability of supporting materials: 

Our Species Status Assessment for 

Tiehm’s buckwheat is available at 

https://www.fws.gov/reno/content/ 

endangered-species, and at http://

www.regulations.gov under Docket No. 

FWS–R8–ES–2020–0017. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(B) of the Endangered 

Species Act of 1973, as amended (Act; 

16 U.S.C. 1531 et seq.), requires that, 

within 12 months of receipt of a petition 

to add a species to, or remove a species 

from, the Lists of Endangered and 

Threatened Wildlife and Plants, a 

finding be made as to whether the 

requested action is: (a) Not warranted, 

(b) warranted, or (c) warranted, but 

precluded by other listing activity. If the 

action is found to be warranted, section 

4(b)(3)(B)(ii) requires a prompt 

publication in the Federal Register of a 

general notice and the complete text of 

a proposed regulation to implement 

such action. 

On October 7, 2019, we received a 

petition from the Center for Biological 

Diversity (CBD; CBD 2019, entire) 

requesting that Tiehm’s buckwheat be 

listed as threatened or endangered, that 

critical habitat be concurrently 

designated for this species under the 

Act, and that the petition be considered 

on an emergency basis. The Act does 

not provide for a process to petition for 

emergency listing; therefore, we 

evaluated the petition to determine if it 

presented substantial scientific or 

commercial information indicating that 

the petitioned action may be warranted. 

The Service published a 90-day finding 

on July 22, 2020 (85 FR 44265), stating 

that the petition presented substantial 

scientific or commercial information 

indicating that listing Tiehm’s 

buckwheat may be warranted. 

On September 29, 2020, CBD filed a 

complaint in the U.S. District Court for 

the District of Nevada against the 

Service alleging violations under the 

Administrative Procedure Act (5 U.S.C. 

551 et seq.); CBD amended the 

complaint on October 8, 2020, to 

include a claim under the Endangered 

Species Act that the Service had missed 

the 1-year deadline of October 7, 2020, 

for issuing a 12-month finding for 

Tiehm’s buckwheat. On April 21, 2021, 

the court issued a decision, and, in 

response to a stipulated request for a 

revised remedy order, on May 17, 2021, 

the court amended the decision and 

ordered the Service to deliver a 12- 

month finding on Tiehm’s buckwheat to 

the Federal Register by May 31, 2021. 

The Service now announces a 12-month 

finding on the October 7, 2019, petition 

to list Tiehm’s buckwheat. 

Species Description and Habitat 

Tiehm’s buckwheat was first 

discovered in 1983 and described in 

1985. All available taxonomic and 

genetic research information indicates 

that Tiehm’s buckwheat is a valid and 

29976 Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules 

recognizable taxon and represents a 

distinct species. Tiehm’s buckwheat is a 

low-growing perennial herb, with 

blueish gray leaves and pale, yellow 

flowers that bloom from May to June 

and turn red with age. Seeds ripen in 

late-June through mid-July. Tiehm’s 

buckwheat is a narrow-ranging endemic 

known only from one population, 

comprising eight subpopulations, in the 

Rhyolite Ridge area of Silver Peak Range 

in Esmeralda County, Nevada. The 

single population of Tiehm’s buckwheat 

is restricted to approximately 10 acres (4 

hectares) across a 3-square-mile area, 

located entirely on public lands 

administered by the Bureau of Land 

Management (BLM). The 

subpopulations are separated by a rural 

county unpaved road where 

subpopulations 1, 2, and 8 occur north 

of the road, and subpopulations 3, 4, 5, 

6, and 7 occur south of the road. A 2019 

survey estimated that the total Tiehm’s 

buckwheat population is 43,921 

individual plants. Surveys have not 

detected additional populations of 

Tiehm’s buckwheat. 

Tiehm’s buckwheat is a soil specialist 

specifically adapted to grow on its 

preferred soil type. The species is 

restricted to dry, open, relatively barren 

slopes with light-colored rocky clay 

soils derived from an uncommon 

formation of interbedded claystones, 

shales, tuffaceous sandstones, and 

limestones. Vegetation varies from pure 

stands of Tiehm’s buckwheat to sparse 

associations with a few other lowgrowing herbs and grass species. The 

abundance and diversity of arthropods 

(insects, mites, and spiders) observed in 

Tiehm’s buckwheat subpopulations is 

especially high (1,898 specimens from 

12 orders, 70 families, and 129 species 

were found in 2020) for a plant 

community dominated by a single plant 

species. Primary pollinator visitors to 

Tiehm’s buckwheat include wasps, 

beetles, and flies. Tiehm’s buckwheat 

benefits from pollinator services and 

needs pollination to increase seed 

production. 

Threats 

The naturally occurring Tiehm’s 

buckwheat population (represented by 

one population with eight 

subpopulations) and a seedling 

transplant experiment suffered 

detrimental herbivory in 2020. All of the 

naturally occurring subpopulations 

experienced greater than 50 percent 

damage or loss of individual plants, 

while almost all transplants were lost to 

rodent herbivores in a 2-week period. 

An environmental DNA analysis (i.e., 

trace DNA found in soil, water, food 

items, or other substrates with which an 

organism has interacted) conducted on 

damaged Tiehm’s buckwheat roots, 

nearby soils, and rodent scat strongly 

linked small mammal herbivory to the 

widespread damage and loss of the 

naturally occurring Tiehm’s buckwheat 

population. This was the first time 

herbivory was documented on the 

species, although, prior to 2019, surveys 

of the population were infrequent. The 

significance of herbivory in the 

naturally occurring population depends 

not only on its frequency and intensity, 

but whether damaged plants can recover 

and survive, as we are uncertain if the 

species will be able to recover from this 

damage and loss. Rodent herbivore 

pressure precluded seedling survival in 

experimental plots. Further studies and 

monitoring need to be conducted to 

determine if management to reduce 

rodent herbivory is necessary to 

maintain Tiehm’s buckwheat 

individuals and subpopulations, or if it 

was just a random catastrophic event 

that is not likely to occur on a regular 

basis. 

The specialized soils on which 

Tiehm’s buckwheat occurs are high in 

lithium and boron, making this location 

of high interest for mineral 

development. In May 2020, Ioneer USA 

Corporation (Ioneer) submitted a plan of 

operations to BLM for the proposed 

Rhyolite Ridge Lithium-Boron project. 

The proposed project is awaiting BLM 

permitting and approval for mineral 

development in the areas where the 

Tiehm’s buckwheat population occurs. 

Ioneer’s proposed Rhyolite Ridge 

Lithium-Boron project, if permitted by 

BLM, would result in the loss of habitat 

and subpopulations 4, 5, 6, and 7, even 

with the voluntary protection measures 

included in Ioneer’s s project proposal. 

The potential impact from the proposed 

project, combined with the loss 

resulting from the recent herbivory 

event, would reduce the total Tiehm’s 

buckwheat population by 70 to 88 

percent, or from 43,921 individuals to 

roughly 5,289–8,696 individuals. The 

number of individuals estimated to 

survive is a range because we do not 

know yet if the plants damaged from 

herbivory will be able to recover and 

survive. The low end of this range is 

based on permanent loss of damaged 

plants, while the high end represents 

conditions if all the herbivore-damaged 

plants recover. Dust deposition, 

generated from increased vehicle traffic 

associated with mine operations, may 

also negatively affect the overall health 

and physiological processes of the 

subpopulations remaining (1, 2, 3, and 

8) after full implementation of the 

project. 

Ioneer is proposing to salvage all 

remaining plants in subpopulations 4, 5, 

6, and 7 by transplanting them to 

another location. However, we are 

uncertain whether the salvage operation 

will succeed because current research 

indicates that Tiehm’s buckwheat is a 

soil specialist, that adjacent unoccupied 

sites are not suitable for all early lifehistory stages, and there has been no 

testing and multiyear monitoring on the 

feasibility of successfully transplanting 

the species. The impact to Tiehm’s 

buckwheat from mining, salvage 

operations, or both would be permanent 

and irreversible under the proposed 

project because the plants and the land 

on which they are currently growing, 

including any existing seed bank in the 

soil, would be completely removed, and 

in place of that site there would be a 

terminal quarry lake. The terminal 

quarry lake would develop when the 

mining operation ceased pumping out 

the anticipated groundwater that would 

infiltrate the quarry. Elimination of 

these subpopulations may remove 

corridors for pollinator movement, seed 

dispersal, and population expansion. 

There is strong evidence that 

subpopulation 6 is the most resilient of 

the eight Tiehm’s buckwheat 

subpopulations. This subpopulation 

contains multiple life stages of 

individual plants, including the 

majority of older and larger plants 

across all populations. In addition, 

subpopulation 6 has the most variety in 

size classes of individual plants, 

indicating it is likely experiencing the 

most recruitment. Loss of subpopulation 

6, in particular, may have an immense 

impact on the overall resiliency and 

continued viability of the entire Tiehm’s 

buckwheat population. 

In addition to the direct impacts from 

the physical removal of subpopulations 

as a result of the project, road 

development and vehicle traffic 

associated with the proposed mine, as 

well as livestock grazing which 

currently occurs within the Tiehm’s 

buckwheat population as part of the 

BLM’s Silver Peak allotment, may create 

conditions that further favor the 

establishment of nonnative invasive 

species within Tiehm’s buckwheat 

habitat. Mineral exploration has already 

impacted Tiehm’s buckwheat habitat by 

contributing to the spread of saltlover 

(Halogeton glomeratus), a nonnative 

invasive plant species, within all 

subpopulations of the species. Mineral 

exploration activities can result in 

disturbance to natural soil conditions 

that support Tiehm’s buckwheat and 

encourage spread of saltlover, which 

alters the substrate by making the soil 

Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules 29977 

more saline and less suitable as habitat 

for Tiehm’s buckwheat. Mineral 

exploration vehicles also can carry the 

seeds of nonnative invasive plant 

species into the area. Road 

improvements also allow easier and 

greater access for recreational vehicles 

and off-highway vehicles (OHVs), with 

OHV impacts documented in 

subpopulation 1. Both livestock grazing 

and OHV use can kill or damage 

individual plants and modify Tiehm’s 

buckwheat habitat through 

fragmentation and soil compaction. 

In addition, Tiehm’s buckwheat is 

adapted to dry upland sites, subject only 

to occasional saturation by rain and 

snow. Under climate change 

predictions, we anticipate alteration of 

precipitation and temperature patterns, 

as models forecast warmer temperatures 

and slight increases in precipitation. 

The timing and type of precipitation 

received (snow vs. rain) may impact 

plant transpiration and the soil water 

recharge needed by Tiehm’s buckwheat. 

Additionally, variability in interannual 

precipitation combined with increasing 

temperatures, as recently seen from 

2015 through 2020, may make 

conditions less suitable for Tiehm’s 

buckwheat by bolstering local rodent 

populations. High rodent abundance 

combined with high temperatures and 

drought may have contributed to the 

large herbivore impacts in 2020 in both 

the transplant experiment and native 

population. Thus, climate change may 

exacerbate impacts from other threats 

currently affecting this species and its 

habitat. 

Tiehm’s buckwheat does not currently 

receive regulatory protection from the 

State of Nevada. BLM has designated 

Tiehm’s buckwheat as a sensitive 

species. However, BLM’s regulations 

require operators to avoid adverse 

effects only to species listed as 

threatened or endangered under the Act 

and their habitat (43 CFR 

3809.420(b)(7)), not sensitive species. 

Also, under BLM’s regulations operators 

may explore, place mining claim 

monuments, and cause a surface 

disturbance of up to 5 acres after an 

operator gives notice to BLM and waits 

15 days (43 CFR 3809.21(a)). BLM lacks 

discretion to require conservation 

measures for sensitive species as a 

condition for exploring for or 

developing minerals subject to disposal 

under the Mining Law of 1872, as 

amended (30 U.S.C. 22–54). In some 

circumstances, operators may include 

voluntary commitments to undertake 

protection or conservation measures as 

part of their proposed mining 

operations, as Ioneer has done in its 

proposed mine plan. 

Finding 

Based upon the preceding 

information, the totality of threats 

described above, and other information 

contained in the Tiehm’s buckwheat 

Species Status Assessment (SSA), the 

Service has determined that the 

petitioned action to list Tiehm’s 

buckwheat under the Endangered 

Species Act of 1973, as amended, is 

warranted. The Service, therefore, will 

promptly publish a proposed rule to list 

Tiehm’s buckwheat. We will open a 

public comment period at the time of 

publication of the proposed rule. Any 

information received from the public 

prior to the publication of the proposed 

rule will be considered and addressed 

when we address comments received on 

the proposed rule. 

Author 

This document was prepared by the 

U.S. Fish and Wildlife Service, Reno 

Fish and Wildlife Office, 1340 Financial 

Blvd., Suite 234, Reno, NV 89521 and 

the U.S. Fish and Wildlife Service, 

Regional Office, 2800 Cottage Way, 

Sacramento, CA 95825. 

Authority 

The authority for this action is section 

4 of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2021–11700 Filed 6–3–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No.: 210528–0119] 

RIN 0648–BK31 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Cook Inlet Salmon; 

Amendment 14 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 14 to the 

Fishery Management Plan for the 

Salmon Fisheries in the Exclusive 

Economic Zone (EEZ) Off Alaska 

(Salmon FMP). If approved, 

Amendment 14 would incorporate the 

Cook Inlet EEZ Subarea into the Salmon 

FMP’s West Area, thereby bringing the 

Cook Inlet EEZ Subarea and the 

commercial salmon fisheries that occur 

within it under Federal management by 

the North Pacific Fishery Management 

Council (Council) and NMFS. The 

management measure implemented by 

Amendment 14 would be to apply the 

prohibition on commercial salmon 

fishing that is currently established in 

the West Area to the newly added Cook 

Inlet EEZ Subarea. This proposed rule is 

necessary to comply with a U.S. Court 

of Appeals for the Ninth Circuit ruling 

and to ensure the Salmon FMP is 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). This 

proposed rule is intended to promote 

the goals and objectives of the 

Magnuson-Stevens Act, the Salmon 

FMP, and other applicable laws. 

DATES: Submit comments on or before 

July 6, 2021. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2021–0018, 

by any of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2021–0018 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS. Mail 

comments to P.O. Box 21668, Juneau, 

AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

Electronic copies of the 

Environmental Assessment, the 

Regulatory Impact Review, and the 

Social Impact Analysis (collectively 

referred to as the ‘‘Analysis’’), and the 

draft Finding of No Significant Impact 

prepared for this proposed rule may be