Endangered and Threatened Wildlife and Plants; Technical Corrections for Kirtland's Warbler, 68370-68372 [2013-27297]
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68370
Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Rules and Regulations
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 13, 2014.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
TKELleY on DSK3SPTVN1PROD with RULES
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: September 16, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
15:50 Nov 13, 2013
Jkt 232001
[FR Doc. 2013–27142 Filed 11–13–13; 8:45 am]
Purpose of This Rule
BILLING CODE 6560–50–P
The purpose of our direct final rule is
to notify the public that we are revising
the List of Endangered and Threatened
Wildlife to reflect the scientifically
accepted taxonomy and nomenclature of
one bird species listed under section 4
of the Act (16 U.S.C. 1531 et seq.). The
change to the List of Endangered and
Threatened Wildlife (50 CFR 17.11(h))
reflects the most recently accepted
scientific name in accordance with 50
CFR 17.11(b).
We are publishing this rule without a
prior proposal because this is a
noncontroversial action that, in the best
interest of the regulated public, should
be undertaken in as timely a manner as
possible. This rule will be effective, as
published in this document, on the
effective date specified in DATES, unless
we receive significant adverse
comments on or before the comment
due date specified in DATES. Significant
adverse comments are comments that
provide strong justification as to why
our rule should not be adopted or why
it should be changed.
If we receive significant adverse
comments, we will publish a document
in the Federal Register withdrawing
this rule before the effective date, and
we will engage in the normal
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.1870 is amended by
adding paragraph (c)(159) to read as
follows:
■
§ 52.1870
Identification of plan.
*
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R3–ES–2013–0114;
30120–1113–0000–C4]
RIN 1018–AZ90
Endangered and Threatened Wildlife
and Plants; Technical Corrections for
Kirtland’s Warbler
Fish and Wildlife Service,
Interior.
ACTION: Direct final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce the revised
taxonomy of Dendroica kirtlandii
(Kirtland’s warbler) under the
Endangered Species Act of 1973, as
amended (Act). We are revising the List
of Endangered and Threatened Wildlife
to reflect the scientifically accepted
taxonomy and nomenclature of this
species. We revise the scientific name of
the species as follows: Setophaga
kirtlandii (= D. kirtlandii).
SUMMARY:
List of Subjects in 40 CFR Part 52
VerDate Mar<15>2010
*
*
*
*
(c) * * *
(159) On August November 15, 2010,
Ohio submitted revisions to Ohio
Administrative Code Chapter 3745–14,
Rules 3745–14–01 and 3745–14–06. The
revisions sunset NOX Budget Trading
Program rules for units subject to CAIR
NOX Ozone Season Trading Program
rules.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–14–01 ‘‘Definitions and general
provisions.’’, effective October 18, 2010.
(B) Ohio Administrative Code Rule
3745–14–06 ‘‘The NOx allowance
tracking system.’’, effective October 18,
2010.
(C) October 8, 2010, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
This rule is effective February
12, 2014 without further action, unless
significant adverse comment is received
by January 13, 2014. If significant
adverse comment is received, we will
publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. FWS–R3–ES–2013–0114.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R3–
ES–2013–0114; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
See Public Comments in SUPPLEMENTARY
INFORMATION for more information about
submitting comments.
FOR FURTHER INFORMATION CONTACT:
Barbara Hosler, Endangered Species
Coordinator, U.S. Fish and Wildlife
Service, Ecological Services Field
Office, 2651 Coolidge Road, East
Lansing, Michigan 44823; telephone
517–351–6326. Individuals who are
hearing impaired or speech impaired
may call the Federal Relay Service at
800–877–8337 for TTY (telephone
typewriter or teletypewriter) assistance.
SUPPLEMENTARY INFORMATION:
PART 52—APPROVAL AND
PROMULGATON OF IMPLEMETATION
PLANS
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
DATES:
E:\FR\FM\14NOR1.SGM
14NOR1
Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Rules and Regulations
rulemaking process to promulgate these
changes to 50 CFR 17.11.
Public Comments
You may submit your comments and
materials regarding our direct final rule
by one of the methods listed in
ADDRESSES. Please include sufficient
information with your comment that
allows us to verify any scientific or
commercial information you include.
We will post all comments on
http:
//www.regulations.gov. This generally
means that we will post any personal
information you provide us. Before
including your address, phone number,
email address, or other personal
information in your comment, you
should be aware that your entire
comment—including your personal
indentifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, 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 this direct final rule,
will be available for public inspection
on the Internet at https://
www.regulations.gov or by appointment,
during normal business hours at the
U.S. Fish and Wildlife Service location
listed above in FOR FURTHER
INFORMATION CONTACT.
TKELleY on DSK3SPTVN1PROD with RULES
Background
Section 17.11(b) of title 50 of the Code
of Federal Regulations (CFR) requires us
to use the most recently accepted
scientific name of any species that we
have determined to be an endangered or
threatened species. Using the best
available scientific information, our
direct final rule documents a taxonomic
change (scientific name) to Kirtland’s
warbler (50 CFR 17.11(h)). The basis for
the taxonomic change is supported by
published studies in peer-reviewed
journals. We revise the scientific name
of this species under section 4 of the Act
(16 U.S.C. 1531 et seq.) as follows:
Setophaga kirtlandii (= D. kirtlandii).
We make this change to the List of
Endangered and Threatened Wildlife
(50 CFR 17.11(h)) to reflect the most
recently accepted scientific name in
accordance with 50 CFR 17.11(b).
VerDate Mar<15>2010
15:50 Nov 13, 2013
Jkt 232001
68371
Taxonomic Classification
Clarity of the Rule
Setophaga kirtlandii
The scientific name change of
Setophaga kirtlandii (Kirtland’s
warbler) from Dendroica kirtlandii is
supported by phylogenetic analyses of
sequences of mitochondrial and nuclear
DNA (Lovette et al. 2010), which
indicated that all species formerly
placed in Dendroica, as well as the
hooded warbler (Wilsonia citrine), the
northern parula (Parula Americana),
and the tropical parula (Parula
pitiayumi), form a clade with the
American redstart (Setophaga ruticilla).
The American Ornithologists Union
Committee on Classification and
Nomenclature—North and Middle
America recognized that the generic
name, Setophaga, had priority for this
clade, renamed the Kirtland’s warbler as
Setophaga kirtlandii, and placed the
species between the American redstart
and the Cape May warbler (Setophaga
tigrina) (Chesser et al. 2011). This
taxonomic change is included in our
most recent 5-year review for the
species (USFWS 2012, p. 15). This
species will continue to be listed as
endangered, and no other aspect of the
entry for this species in 50 CFR 17.11(h)
will change as a result of this rule.
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
help us to revise this rule, your
comments should be as specific as
possible. For example, you should tell
us the paragraphs that are unclearly
written, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
Required Determinations
Paperwork Reduction Act of 1995
This rule does not contain any new
collections of information that require
approval by OMB under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
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 environmental
assessments or environmental impact
statements, as defined under the
authority of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.), in connection with regulations
adopted under 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 (43 FR 49244).
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
References Cited
A complete list of the referenced
materials is available upon request at
https://www.regulations.gov at Docket
No. FWS–R3–ES–2013–0114 or from the
U.S. Fish and Wildlife Service (see FOR
FURTHER INFORMATION CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
For the reasons given in the preamble,
we amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal
Regulations, as set forth below:
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16. U.S.C. 1361–1407; 1531–
1544; 4201–4245; unless otherwise noted.
2. Amend § 17.11(h), the List of
Endangered and Threatened Wildlife, by
revising the entry for ‘‘Warbler (wood),
Kirtland’s’’ under Birds to read as set
forth below:
■
§ 17.11 Endangered and threatened
wildlife.
*
*
*
(h) * * *
E:\FR\FM\14NOR1.SGM
14NOR1
*
*
68372
Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Rules and Regulations
Species
Historic range
Common name
Scientific name
*
Warbler (wood),
Kirtland’s.
*
Setophaga kirtlandii
(=Dendroica
kirtlandii).
*
*
*
*
U.S.A. (principally
MI), Canada,
West Indies—Bahama Islands.
*
*
*
*
*
[FR Doc. 2013–27297 Filed 11–13–13; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100812345–2142–03]
RIN 0648–XC871
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2013
Commercial Accountability Measure
and Closure for South Atlantic Blue
Runner
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
commercial sector for blue runner in the
exclusive economic zone (EEZ) of the
South Atlantic. Commercial landings for
blue runner, as estimated by the Science
and Research Director, are projected to
reach the commercial annual catch limit
(ACL) on November 14, 2013. Therefore,
NMFS closes the commercial sector for
blue runner on November 14, 2013, at
12:01 a.m., local time, for the remainder
of the 2013 fishing year, through
December 31, 2013. This action is
necessary to protect the blue runner
resource in the South Atlantic.
DATES: This rule is effective 12:01 a.m.,
local time, November 14, 2013, until
12:01 a.m., local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT:
Catherine Hayslip, telephone: 727–824–
5305, email: Catherine.Hayslip@
noaa.gov.
TKELleY on DSK3SPTVN1PROD with RULES
SUMMARY:
15:50 Nov 13, 2013
*
Entire .....................
*
Jkt 232001
Status
*
E
The
snapper-grouper fishery of the South
Atlantic includes blue runner and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
The commercial ACL for blue runner
in the South Atlantic is 177,506 lb
(80,515 kg), round weight, as specified
in 50 CFR 622.193(s)(1)(i).
In accordance with regulations at 50
CFR 622.193(s)(1)(i), NMFS is required
to close the commercial sector for blue
runner when the commercial ACL for
blue runner has been reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. NMFS has
determined that the commercial ACL for
South Atlantic blue runner is projected
to be reached on November 14, 2013.
Accordingly, the commercial sector for
South Atlantic blue runner is closed
effective 12:01 a.m., local time,
November 14, 2013, until 12:01 a.m.,
local time, January 1, 2014.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having blue
runner onboard must have landed and
bartered, traded, or sold such blue
runner prior to 12:01 a.m., local time,
November 14, 2013. During this
commercial closure, the sale or
purchase and harvest or possession of
blue runner taken from the EEZ is
prohibited. In accordance with
regulations at 50 CFR 622.193(s)(1)(i),
for a person on board a vessel for which
a Federal commercial or charter vessel/
headboat permit for the South Atlantic
snapper-grouper fishery has been
issued, the bag and possession limit for
blue runner would apply regardless of
where the fish are harvested, i.e., in
state or Federal waters.
PO 00000
Frm 00046
Fmt 4700
When listed
*
1, 3
*
SUPPLEMENTARY INFORMATION:
Dated: November 1, 2013.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife
Service.
VerDate Mar<15>2010
Vertebrate population where endangered or threatened
Sfmt 4700
Critical
habitat
Special
rules
*
NA
*
NA
*
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of South Atlantic blue
runner and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.193(s)(1)(i) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds that the need to immediately
implement this action to close the
commercial sector for blue runner
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures
would be unnecessary and contrary to
the public interest. Such procedures
would be unnecessary because the rule
itself has been subject to notice and
comment, and all that remains is to
notify the public of the closure.
Allowing prior notice and opportunity
for public comment is contrary to the
public interest because of the need to
immediately implement this action to
protect the blue runner resource. The
capacity of the fishing fleet allows for
rapid harvest of the ACL and prior
notice and opportunity for public
comment would result in a harvest well
in excess of the established commercial
ACL.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
E:\FR\FM\14NOR1.SGM
14NOR1
]]>Agencies
[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Rules and Regulations]
[Pages 68370-68372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27297]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R3-ES-2013-0114; 30120-1113-0000-C4]
RIN 1018-AZ90
Endangered and Threatened Wildlife and Plants; Technical
Corrections for Kirtland's Warbler
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce the revised
taxonomy of Dendroica kirtlandii (Kirtland's warbler) under the
Endangered Species Act of 1973, as amended (Act). We are revising the
List of Endangered and Threatened Wildlife to reflect the
scientifically accepted taxonomy and nomenclature of this species. We
revise the scientific name of the species as follows: Setophaga
kirtlandii (= D. kirtlandii).
DATES: This rule is effective February 12, 2014 without further action,
unless significant adverse comment is received by January 13, 2014. If
significant adverse comment is received, we will publish a timely
withdrawal of the rule in the Federal Register.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments to Docket No. FWS-R3-
ES-2013-0114.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R3-ES-2013-0114; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
See Public Comments in SUPPLEMENTARY INFORMATION for more information
about submitting comments.
FOR FURTHER INFORMATION CONTACT: Barbara Hosler, Endangered Species
Coordinator, U.S. Fish and Wildlife Service, Ecological Services Field
Office, 2651 Coolidge Road, East Lansing, Michigan 44823; telephone
517-351-6326. Individuals who are hearing impaired or speech impaired
may call the Federal Relay Service at 800-877-8337 for TTY (telephone
typewriter or teletypewriter) assistance.
SUPPLEMENTARY INFORMATION:
Purpose of This Rule
The purpose of our direct final rule is to notify the public that
we are revising the List of Endangered and Threatened Wildlife to
reflect the scientifically accepted taxonomy and nomenclature of one
bird species listed under section 4 of the Act (16 U.S.C. 1531 et
seq.). The change to the List of Endangered and Threatened Wildlife (50
CFR 17.11(h)) reflects the most recently accepted scientific name in
accordance with 50 CFR 17.11(b).
We are publishing this rule without a prior proposal because this
is a noncontroversial action that, in the best interest of the
regulated public, should be undertaken in as timely a manner as
possible. This rule will be effective, as published in this document,
on the effective date specified in DATES, unless we receive significant
adverse comments on or before the comment due date specified in DATES.
Significant adverse comments are comments that provide strong
justification as to why our rule should not be adopted or why it should
be changed.
If we receive significant adverse comments, we will publish a
document in the Federal Register withdrawing this rule before the
effective date, and we will engage in the normal
[[Page 68371]]
rulemaking process to promulgate these changes to 50 CFR 17.11.
Public Comments
You may submit your comments and materials regarding our direct
final rule by one of the methods listed in ADDRESSES. Please include
sufficient information with your comment that allows us to verify any
scientific or commercial information you include.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us. Before including your address, phone number, email address, or
other personal information in your comment, you should be aware that
your entire comment--including your personal indentifying information--
may be made publicly available at any time. While you can ask us in
your comment to withhold your personal identifying information from
public review, 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 this direct final rule, will be
available for public inspection on the Internet at https://www.regulations.gov or by appointment, during normal business hours at
the U.S. Fish and Wildlife Service location listed above in FOR FURTHER
INFORMATION CONTACT.
Background
Section 17.11(b) of title 50 of the Code of Federal Regulations
(CFR) requires us to use the most recently accepted scientific name of
any species that we have determined to be an endangered or threatened
species. Using the best available scientific information, our direct
final rule documents a taxonomic change (scientific name) to Kirtland's
warbler (50 CFR 17.11(h)). The basis for the taxonomic change is
supported by published studies in peer-reviewed journals. We revise the
scientific name of this species under section 4 of the Act (16 U.S.C.
1531 et seq.) as follows: Setophaga kirtlandii (= D. kirtlandii). We
make this change to the List of Endangered and Threatened Wildlife (50
CFR 17.11(h)) to reflect the most recently accepted scientific name in
accordance with 50 CFR 17.11(b).
Taxonomic Classification
Setophaga kirtlandii
The scientific name change of Setophaga kirtlandii (Kirtland's
warbler) from Dendroica kirtlandii is supported by phylogenetic
analyses of sequences of mitochondrial and nuclear DNA (Lovette et al.
2010), which indicated that all species formerly placed in Dendroica,
as well as the hooded warbler (Wilsonia citrine), the northern parula
(Parula Americana), and the tropical parula (Parula pitiayumi), form a
clade with the American redstart (Setophaga ruticilla). The American
Ornithologists Union Committee on Classification and Nomenclature--
North and Middle America recognized that the generic name, Setophaga,
had priority for this clade, renamed the Kirtland's warbler as
Setophaga kirtlandii, and placed the species between the American
redstart and the Cape May warbler (Setophaga tigrina) (Chesser et al.
2011). This taxonomic change is included in our most recent 5-year
review for the species (USFWS 2012, p. 15). This species will continue
to be listed as endangered, and no other aspect of the entry for this
species in 50 CFR 17.11(h) will change as a result of this rule.
Required Determinations
Paperwork Reduction Act of 1995
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). 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 environmental
assessments or environmental impact statements, as defined under the
authority of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), in connection with regulations adopted under 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 (43 FR 49244).
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To help us to
revise this rule, your comments should be as specific as possible. For
example, you should tell us the paragraphs that are unclearly written,
which sections or sentences are too long, the sections where you feel
lists or tables would be useful, etc.
References Cited
A complete list of the referenced materials is available upon
request at https://www.regulations.gov at Docket No. FWS-R3-ES-2013-0114
or from the U.S. Fish and Wildlife Service (see FOR FURTHER INFORMATION
CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
For the reasons given in the preamble, we amend part 17, subchapter
B of chapter I, title 50 of the Code of Federal Regulations, as set
forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16. U.S.C. 1361-1407; 1531-1544; 4201-4245; unless
otherwise noted.
0
2. Amend Sec. 17.11(h), the List of Endangered and Threatened
Wildlife, by revising the entry for ``Warbler (wood), Kirtland's''
under Birds to read as set forth below:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
[[Page 68372]]
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Species Vertebrate
--------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
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* * * * * * *
Warbler (wood), Kirtland's........ Setophaga kirtlandii U.S.A. (principally Entire.............. E 1, 3 NA NA
(=Dendroica MI), Canada, West
kirtlandii). Indies--Bahama
Islands.
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* * * * *
Dated: November 1, 2013.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-27297 Filed 11-13-13; 8:45 am]
BILLING CODE 4310-55-P
