Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054 Page: 46,650
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46650 Federal Register/Vol. 76, No. 149/Wednesday, August 3, 2011 /Rules and Regulations
(delist) E. tennesseensis from the
Federal List of Endangered and
Threatened Plants and these
prohibitions would no longer apply.
Delisting E. tennesseensis is expected to
have positive effects in terms of
increasing management flexibility by
State and Federal governments.
Section 4(g)(1) of the Act requires us
to monitor for at least 5 years species
that are delisted due to recovery. Post-
delisting monitoring refers to activities
undertaken to verify that a species
delisted due to recovery remains secure
from the risk of extinction after the
protections of the Act no longer apply.
The primary goal of post-delisting
monitoring is to monitor the species so
that its status does not deteriorate, and
if a decline is detected, to take measures
to halt the decline so that proposing it
as endangered or threatened is not again
needed. If at any time during the
monitoring period, data indicate that
protective status under the Act should
be reinstated, we can initiate listing
procedures, including, if appropriate,
Section 4(g) of the Act explicitly
requires cooperation with the States in
development and implementation of
post-delisting monitoring programs, but
we remain responsible for compliance
with section 4(g) and, therefore, must
remain actively engaged in all phases of
post-delisting monitoring. We also seek
active participation of other entities that
are expected to assume responsibilities
for the species' conservation after
delisting. In August 2008, TDEC agreed
to be a cooperator in the post-delisting
monitoring of E. tennesseensis.
We have finalized a Post-Delisting
Monitoring Plan (Plan) for Echinacea
tennesseensis (USFWS 2011, entire).
The Plan: (1) Summarizes the species'
status at the time of delisting; (2) defines
thresholds or triggers for potential
monitoring outcomes and conclusions;
(3) lays out frequency and duration of
monitoring; (4) articulates monitoring
methods, including sampling
considerations; (5) outlines data
compilation and reporting procedures
and responsibilities; and (6) depicts a
implementation schedule, including
timing and responsible parties.
Paperwork Reduction Act of 1995
OMB regulations at 5 CFR 1320,
which implement provisions of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.), require that Federal
agencies obtain approval from OMB
before collecting information from the
public. The OMB regulations at 5 CFR
1320.3(c) define a collection of
information as the obtaining of
information by or for an agency by
means of identical questions posed to,
or identical reporting, recordkeeping, or
disclosure requirements imposed on, 10
or more persons. Furthermore, 5 CFR
1320.3(c)(4) specifies that "ten or more
persons" refers to the persons to whom
a collection of information is addressed
by the agency within any 12-month
period. For purposes of this definition,
employees of the Federal government
are not included. This rule and our final
Post-Delisting Monitoring Plan do not
contain any new collections of
information that require approval by
OMB under the Paperwork Reduction
Act. This rule will not impose
recordkeeping or reporting requirements
on State or local governments,
individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
National Environmental Policy Act
We have determined that we do not
need to prepare an environmental
assessment or environmental impact
statement, as defined in the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), in connection with
regulations adopted pursuant to section
4(a) of the Endangered Species Act. We
published a notice outlining our reasons
for this determination in the Federal
Register on October 25, 1983 (48 FR
Relationship With Tribes
In accordance with the President's
memorandum of April 29, 1994,
with Native American Tribal
Governments" (59 FR 22951), Executive
Order 13175, and the Department of
Interior's manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. We
have determined that there are no Tribal
lands affected by this rule.
A complete list of references cited is
available on http://www.regulations.gov
under docket number FWS-R4-ES-
The primary author of this document
is Geoff Call, Tennessee Ecological
Services Field Office (see FOR FURTHER
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
Accordingly, we hereby amend part
17, subchapter B of chapter I, title 50 of
the Code of Federal Regulations, as set
a 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 17.12(h) by removing the
entry for "Echinacea tennesseensis"
under "FLOWERING PLANTS" from
the List of Endangered and Threatened
Dated: July 21, 2011.
Gregory E. Siekaniec,
Acting Director, U.S. Fish and Wildlife
[FR Doc. 2011-19674 Filed 8-2-11; 8:45 am]
BILLING CODE 4310-55-P
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United States. Office of the Federal Register. Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054, periodical, August 3, 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52326/m1/64/: accessed September 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.