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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Rules and Regulations failure M.C. Smith 1968, pp. 308309;
Finley 1969, all; Steele and Koprowski 2001, p. 67. Placement of these middens tends to be on gentler, nonsoutherly-facing slopes in healthier, older forested areas with higher canopy closure, basal area, and number of large live trees Finley 1969, p. 237;
Zugmeyer and Koprowski 2009, p. 179;
Hatten 2014, p. 111. This type of placement allows specific moisture levels to be maintained within the midden, thereby creating prime storage conditions for cones and other food items, such as mushrooms, acorns, and bones Finley 1969, p. 237; Brown 1984, pp. 6667; USFWS 1993, pp. 57;
Zugmeyer and Koprowski 2009, p. 179.
They also seem to prefer areas with snags, piles and tangles of downed timber, and a higher volume of logs that provide cover and safe travel routes, especially in winter, when open travel across snow exposes them to increased predation, as the species does not hibernate. Wood et al. 2007, p. 2362
determined that midden site selection occurs not only at the microclimate level where conditions are appropriate for cone storage, but also on a larger scale that encompasses other features found on the landscape, usually in areas with a high number of healthy trees and correspondingly high seedfall. There appears to be no differentiation in selection of midden sites based on sex Alanen et al. 2009, pp. 204205.
Within their territory, Mount Graham red squirrels build nests in hollow trees, in hollow snags, in hollow logs, outside trees in nests of grass or foliose lichens called dreys or bolus nests, or in holes in the ground C.C. Smith 1968, p. 58;
Leonard and Koprowski 2009, p. 132.
Nests may be built in natural hollows or abandoned cavities made by other animals, such as woodpeckers, and enlarged by squirrels USFWS 1993, p.
11. Nest site selection by Mount graham red squirrels is strongly influenced by stand composition, particularly density of corkbark fir, mature large trees, and decaying logs Merrick et al. 2007, p. 1961. The availability of larger snags and cavitycontaining trees, especially aspen, is of particular importance for this population, as they provide preferred nesting locations Merrick et al. 2007, p.
1961.

jbell on DSKJLSW7X2PROD with RULES

Critical Habitat Current Critical Habitat Designation On January 5, 1990, we published a final rule 55 FR 425 designating critical habitat for the Mount Graham red squirrel as mature spruce-fir forest in:

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1. Hawk Peak-Mount Graham Area.
The area above the 10,000-ft 3,048-m contour surrounding Hawk Peak and Plain View Peak, plus the area above the 9,800-ft 2,987-m contour that is south of lines extending from the highest point of Plain View Peak eastward at 90
from true north and southwestward at 225 from true north.
2. Heliograph Peak Area. The area on the north-facing slope of Heliograph Peak that is above the 9,200-ft 2,804-m contour surrounding Heliograph Peak and that is between a line extending at 15 from true north from a point 160
ft 49 m due south of the horizontal control station on Heliograph Peak and a line extending northwestward at 300
from true north from that same point.
3. Webb Peak Area. The area on the east facing slope of Webb Peak that is above the 9,700-ft 2,957-m contour surrounding Webb Peak and that is east of a line extending due north and south through a point 160 ft 49 m due west of the horizontal control station on Webb Peak.
12-Month Determination Pursuant to the provisions of the Act regarding revision of critical habitat and petitions for revision, we now publish notice of how we intend to proceed with the requested revision. As described below under How the Service Intends to Proceed, we intend to assess potential revisions to the subspecies critical habitat after a species status assessment SSA and a revision of the Mount Graham red squirrels recovery plan are complete.
How the Service Intends To Proceed Section 4b3Dii of the Act states that if we find that a petition presents substantial information indicating that a revision to critical habitat may be warranted, then within 12 months of receiving the petition we are to indicate how we intend to proceed with the requested revision and promptly publish a notice of our intention in the Federal Register. We intend that any revisions to critical habitat for the Mount Graham red squirrel be as accurate and comprehensive as possible.
Therefore, completing the SSA and a revised recovery plan will inform any future revisions to critical habitat for the red squirrel. Once the SSA and revised recovery plan are complete, a rulemaking process will be initiated if revisions to the subspecies critical habitat are determined to be appropriate.
The currently designated critical habitat, as well as areas that support the subspecies but are outside of the current critical habitat designation, will
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continue to be subject to conservation actions implemented under section 7a1 of the Act. Actions affecting the Mount Graham red squirrel or its designated critical habitat are subject to the regulatory protections afforded by section 7a2 of the Act, which requires Federal agencies, including the Service, to ensure that actions they fund, authorize, or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of critical habitat.
References Cited A complete list of references cited in this rulemaking is available on the internet at http www.regulations.gov and upon request from the Arizona Ecological Services Field Office see FOR
FURTHER INFORMATION CONTACT.
Author The primary authors of this document are the staff members of the Arizona Ecological Services Field Office, 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..
Martha Williams, Principal Deputy Director, Exercising the Delegated Authority of the Director, U.S. Fish and Wildlife Service.
FR Doc. 202116247 Filed 8221; 8:45 am BILLING CODE 433315P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service 50 CFR Part 17
Docket No. FWSR8ES20190006;
FF09E21000 FXES11110900000 212
RIN 1018BC62

Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Sierra Nevada Distinct Population Segment of the Sierra Nevada Red Fox Fish and Wildlife Service, Interior.
ACTION: Final rule.
AGENCY:

We, the U.S. Fish and Wildlife Service Service, determine endangered species status under the Endangered Species Act of 1973 Act, as amended, for the Sierra Nevada Distinct Population Segment DPS of the Sierra Nevada red fox Vulpes vulpes necator hereafter referred to in
SUMMARY:

E:FRFM03AUR1.SGM

03AUR1