Endangered and Threatened Wildlife and Plants; 90-Day Finding on Petitions To List Two Tortoises as Endangered or Threatened and and a Sloth as Endangered, 32900-32903 [2014-13288]
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G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets E.O. 13045 (62 FR
19885, April 23, 1997) as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the E.O. has the potential to influence
the regulation. This action is not subject
to E.O. 13045 because it does not
establish an environmental standard
intended to mitigate health or safety
risks. This proposal is designed to help
implement the already-established
ozone and PM2.5 NAAQS, which were
both promulgated in 1997 to protect the
health and welfare of individuals,
including children, who are susceptible
to the adverse effects of exposure to
unhealthy levels of ozone and PM2.5.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant
energy action’’ as defined in Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not likely to have
a significant adverse effect on the
supply, distribution, or use of energy
because it does not establish
requirements that directly affect the
general public and the public and
private sectors, but, rather interprets the
statutory requirements that apply to
states in preparing their SIPs. The SIPs
themselves will likely establish
requirements that directly affect the
general public, and the public and
private sectors.
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I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d), (15 U.S.C. 272
note) directs the EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
the EPA to provide Congress, through
OMB, explanations when the agency
decides not to use available and
applicable voluntary consensus
standards. This rulemaking does not
involve technical standards. Therefore,
the EPA is not considering the use of
any voluntary consensus standards.
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
§ 51.912 What requirements apply for
reasonably available control technology
(RACT) and reasonably available control
measures (RACM) under the 8-hour
NAAQS?
Executive Order 12898 (59 FR 7629,
Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because if it has any effect on the level
of protection provided to human health
or the environment, the effect will be to
increase the level of protection by
resulting in more stringent emission
controls on EGUs in affected
nonattainment areas.
(a) * * *
(4) An individual RACT
determination must be made for each
major source or major source category
meeting the applicable major source size
within a nonattainment area.
*
*
*
*
*
Statutory Authority
The statutory authority for this action
is provided by 42 U.S.C. 7501, 7502,
7511a, 7513a, 7513b and 7601.
List of Subjects in 40 CFR Part 51
Environmental protection,
Administrative practice and procedure,
Air pollution control, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 29, 2014.
Gina McCarthy,
Administrator.
For reasons set forth in the preamble,
part 51 of chapter I of title 40 of the
Code of Federal Regulations is proposed
to be amended as follows:
PART 51—REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF IMPLEMENTATION
PLANS.
1. The authority citation for part 51
continues to read as follows:
■
Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
7671q.
2. Section 51.912 is amended by
adding paragraph (a)(4) to read as
follows:
■
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[FR Doc. 2014–13415 Filed 6–6–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS–HQ–ES–2014–0012;
FWS–HQ–ES–2014–0013; FWS–HQ–ES–
2014–0014; 450 003 0115]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on
Petitions To List Two Tortoises as
Endangered or Threatened and and a
Sloth as Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition findings and
initiation of status reviews.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce 90day findings on two petitions to list two
species (Flat-tailed tortoise (Pyxis
planicauda) and Spider tortoise (Pyxis
arachnoides)) as endangered or
threatened and one petition to list one
species (Pygmy three-toed sloth
(Bradypus pygmaeus)) as endangered
under the Endangered Species Act of
1973, as amended (Act). Based on our
review, we find that these petitions
present substantial scientific or
commercial information indicating that
the petitioned actions may be
warranted. Therefore, with the
publication of this document, we are
initiating a review of the status of these
species to determine if the petitioned
actions are warranted. To assure that the
best scientific and commercial data
informs the status review and, if
warranted, the subsequent listing
determinations, and to provide an
opportunity for all interested parties to
provide information for consideration
for the status assessment, we are
requesting information regarding these
species (see Request for Information,
below). Based on the status reviews, we
will issue 12-month findings on the
petitions, which will address whether
SUMMARY:
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the petitioned action is warranted, as
provided in section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to
conduct these status reviews, we request
that we receive information no later
than September 8, 2014. Information
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. Eastern Time on the closing
date.
ADDRESSES: You may submit
information by one of the following
methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter the appropriate docket number
(see table, below). You may submit
information by clicking on ‘‘Comment
Now!’’ If your information will fit in the
provided comment box, please use this
feature of https://www.regulations.gov, as
it is most compatible with our
information review procedures. If you
attach your information as a separate
document, our preferred file format is
Microsoft Word. If you attach multiple
comments (such as form letters), our
preferred format is a spreadsheet in
Microsoft Excel.
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: [Insert appropriate
docket number; see table below];
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 information
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Request
for Information).
Species
Docket No.
Flat-tailed tortoise
(Pyxis
planicauda).
Spider tortoise
(Pyxis
arachnoides).
Pygmy three-toed
sloth (Bradypus
pygmaeus).
FWS–HQ–ES–2014–
0012
FWS–HQ–ES–2014–
0013
FWS–HQ–ES–2014–
0014
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FOR FURTHER INFORMATION CONTACT:
Janine Van Norman, Chief, Branch of
Foreign Species, Ecological Services
Program, U.S. Fish and Wildlife Service,
4401 N. Fairfax Drive, Room 420,
Arlington, VA 22203; telephone 703–
358–2171; facsimile 703–358–1735. If
you use a telecommunications device
for the deaf (TDD), please call the
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Federal Information Relay Service
(FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that a
petition presents substantial
information indicating that listing a
species may be warranted, we are
required to promptly review the status
of the species (status review). For the
status review to be complete and based
on the best available scientific and
commercial information, we request
information on these species from range
countries, governmental agencies, the
scientific community, industry, and any
other interested parties. We seek
information on:
(1) Each species’ biology, range, and
population trends, including:
(a) Habitat requirements;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns;
(d) Historical and current population
levels, and current and projected trends;
and
(e) Past and ongoing conservation
measures for the species, its habitat, or
both.
(2) The factors that are the basis for
making a listing determination for a
species under section 4(a)(1) of the Act
(16 U.S.C. 1531 et seq.), which are:
(a) The present or threatened
destruction, modification, or
curtailment of its habitat or range
(‘‘Factor A’’);
(b) Overutilization for commercial,
recreational, scientific, or educational
purposes (‘‘Factor B’’);
(c) Disease or predation (‘‘Factor C’’);
(d) The inadequacy of existing
regulatory mechanisms (‘‘Factor D’’); or
(e) Other natural or manmade factors
affecting its continued existence
(‘‘Factor E’’).
Please include sufficient information
with your submission (such as scientific
journal articles or other publications) to
allow us to verify any scientific or
commercial information you include.
Submissions merely stating support
for or opposition to the actions under
consideration without providing
supporting information, although noted,
will not be considered in making a
determination. Section 4(b)(1)(A) of the
Act directs that determinations as to
whether any species is an endangered or
threatened species must be made
‘‘solely on the basis of the best scientific
and commercial data available.’’
You may submit your information
concerning these status reviews by one
of the methods listed in the ADDRESSES
section. If you submit information via
https://www.regulations.gov, your entire
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submission—including any personal
identifying information—will be posted
on the Web site. If you submit a
hardcopy that includes personal
identifying information, you may
request at the top of your document that
we withhold this personal identifying
information from public review.
However, we cannot guarantee that we
will be able to do so. We will post all
hardcopy submissions on https://
www.regulations.gov.
Information and supporting
documentation that we received and
used in preparing this finding will be
available for you to review at https://
www.regulations.gov, or you may make
an appointment during normal business
hours at the U.S. Fish and Wildlife
Service’s Branch of Foreign Species (see
FOR FURTHER INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the Act requires
that we make a finding on whether a
petition to list a species presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted. We
are to base this finding on information
provided in the petition and supporting
information submitted with the petition.
To the maximum extent practicable, we
are to make this finding within 90 days
of our receipt of the petition and
publish our notice of the finding in the
Federal Register.
Our standard for substantial scientific
or commercial information within the
Code of Federal Regulations (CFR) with
regard to a 90-day petition finding is
‘‘that amount of information that would
lead a reasonable person to believe that
the measure proposed in the petition
may be warranted’’ (50 CFR 424.14(b)).
If we find that substantial scientific or
commercial information was presented,
we are required to commence a review
of the status of the species, which will
be subsequently summarized in our 12month finding.
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations at 50
CFR Part 424 set forth the procedures
for adding a species to, or removing a
species from, the Federal Lists of
Endangered and Threatened Wildlife
and Plants. A species may be
determined to be an endangered or
threatened species due to one or more
of the five factors described in section
4(a)(1) of the Act (see Request for
Information).
In considering what factors might
constitute threats, we must look beyond
the exposure of the species to a factor
to evaluate whether the species may
respond to the factor in a way that
causes actual impacts to the species. If
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there is exposure to a factor and the
species responds negatively, the factor
may be a threat and, during the status
review, we attempt to determine how
significant a threat it is. The threat is
significant if it drives, or contributes to,
the risk of extinction of the species such
that the species may warrant listing as
endangered or threatened as those terms
are defined in the Act. However, the
identification of factors that could
impact a species negatively may not be
sufficient to compel a finding that the
information in the petition and our files
is substantial. The information must
include evidence sufficient to suggest
that these factors may be operative
threats that act on the species to the
point that the species may meet the
definition of endangered or threatened
under the Act.
Review of Petition To List the FlatTailed Tortoise as Endangered or
Threatened Under the Act
Additional information regarding our
review of this petition can be found at
https://www.regulations.gov under
Docket No. FWS–HQ–ES–2014–0012 in
the document labeled Appendix for the
flat-tailed tortoise.
Species and Range
The flat-tailed tortoise (Pyxis
planicauda) is endemic to Madagascar.
Petition History
On September 27, 2013, we received
a petition from Friends of Animals and
WildEarth Guardians, requesting that
the flat-tailed tortoise be listed as
endangered or threatened under the Act.
The petition clearly identified itself as
such and included the identification
information for the petitioner required
at 50 CFR 424.14(a). On October 25,
2013, we sent a response letter to the
Petitioner acknowledging receipt of the
petition. This finding addresses the
petition.
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Finding
Based on our review of the
information provided in the petition
and in the sources cited in the petition,
we find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the flat-tailed tortoise based on factors A
and E (see Appendix for the flat-tailed
tortoise). Thus, for the flat-tailed
tortoise, the Service requests
information on the five listing factors
under section 4(a)(1) of the Act (see
Request for Information).
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Review of Petition To List the Spider
Tortoise as Endangered or Threatened
Under the Act
Additional information regarding our
review of this petition can be found at
https://www.regulations.gov under
Docket No. FWS–HQ–ES–2014–0013 in
the document labeled Appendix for the
spider tortoise.
Species and Range
The spider tortoise (Pyxis
arachnoides) is endemic to Madagascar.
Petition History
On September 27, 2013, we received
a petition from Friends of Animals and
WildEarth Guardians, requesting that
the spider tortoise be listed as
endangered or threatened under the Act.
The petition clearly identified itself as
such and included the identification
information for the petitioner required
at 50 CFR 424.14(a). On October 25,
2013, we sent a response letter to the
Petitioner acknowledging receipt of the
petition. This finding addresses the
petition.
Finding
Based on our review of the
information provided in the petition
and in the sources cited in the petition,
we find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the spider tortoise based on factors A, B,
D, and E (see Appendix for the spider
tortoise). Thus, for the spider tortoise,
the Service requests information on the
five listing factors under section 4(a)(1)
of the Act (see Request for Information).
Review of Petition To List the Pygmy
Three-Toed Sloth as Endangered Under
the Act
Additional information regarding our
review of this petition can be found at
https://www.regulations.gov under
Docket No. FWS–HQ–ES–2014–0014 in
the document labeled Appendix for the
pygmy three-toed sloth.
Species and Range
The pygmy three-toed sloth (Bradypus
pygmaeus) is endemic to Panama on the
island of Isla Escudo de Veraguas (Isla
Escudo).
Petition History
On November 15, 2013, we received
a petition from the Animal Welfare
Institute requesting that we emergencylist the pygmy three-toed sloth as
endangered under the Act. The petition
clearly identified itself as such and
included the identification information
for the petitioner required by 50 CFR
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424.14(a). In a December 4, 2013, letter
to the petitioner, we responded that we
reviewed the information presented in
the petition and did not find that the
species warranted an emergency listing.
This finding addresses the petition.
Finding
Based on our review of the
information provided in the petition
and in the sources cited in the petition,
we find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted for
the pygmy three-toed sloth based on
factors A, B, C, and E (see Appendix for
the pygmy three-toed sloth). Thus, for
the pygmy three-toed sloth, the Service
requests information on the five listing
factors under section 4(a)(1) of the Act
(see Request for Information).
Conclusion
On the basis of our evaluation of the
information presented under section
4(b)(3)(A) of the Act, we have
determined that the three petitions
summarized above present substantial
scientific or commercial information
indicating that the requested actions
may be warranted, and we are initiating
status reviews to determine whether
these actions are warranted under the
Act. At the conclusion of the status
reviews, we will issue 12-month
findings in accordance with section
4(b)(3)(B) of the Act, as to whether or
not listing is warranted.
It is important to note that the
‘‘substantial information’’ standard for a
90-day finding differs from the Act’s
‘‘best scientific and commercial data’’
standard that applies to a status review
to determine whether a petitioned
action is warranted. A 90-day finding
does not constitute a status review
under the Act. In a 12-month finding,
we will determine whether a petitioned
action is warranted after we have
completed a thorough review of the
species. Because the Act’s standards for
90-day and 12-month findings are
different, as described above, a
substantial 90-day finding does not
mean that the 12-month finding will
result in a warranted finding.
References Cited
On https://www.regulations.gov, the
docket for each species (see table under
ADDRESSES) contains the relevant
appendix and petition mentioned above.
Each appendix contains a list of
references cited. Each appendix is also
available upon request from the Branch
of Foreign Species (see FOR FURTHER
INFORMATION CONTACT).
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Author
The primary author of this document
is Amy Brisendine, Branch of Foreign
Species, Ecological Services Program,
U.S. Fish and Wildlife Service (see FOR
FURTHER INFORMATION CONTACT).
Authority
The authority for these actions is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: May 27, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2014–13288 Filed 6–6–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 29
[Docket No. FWS–HQ–NWRS–2012–0086;
FXRS12610900000–134–FF09R200000]
RIN 1018–AX36
Non-Federal Oil and Gas Development
Within the National Wildlife Refuge
System
AGENCY:
Fish and Wildlife Service,
Interior.
Advance notice of proposed
rulemaking; notice of intent to prepare
an environmental impact statement;
reopening and extension of the
comment period.
ACTION:
The U.S. Fish and Wildlife
Service (Service) is reopening and
extending the comment period for the
advance notice of proposed rulemaking
and notice of intent to prepare an
environmental impact statement for
non-Federal oil and gas development
within the National Wildlife Refuge
System published in the Federal
Register on February 24, 2014. We are
taking this action in response to public
comments.
DATES: The comment period for the
advance notice of proposed rulemaking
and notice of intent to prepare an
environmental impact statement that
published February 24, 2014 (79 FR
10080), is reopened. We will consider
comments received or postmarked on or
before July 9, 2014.
ADDRESSES: Document availability: You
may obtain a copy of the advance notice
of proposed rulemaking and notice of
intent to prepare an environmental
impact statement on the Internet at
https://www.regulations.gov at Docket
No. FWS–HQ–NWRS–2012–0086.
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SUMMARY:
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Written comments: You may submit
written comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Search for FWS–
HQ–NWRS–2012–0086, which is the
docket number for this rulemaking. You
may submit a comment by clicking on
‘‘Comment Now!’’ If your comments
will fit in the provided comment box,
please use this feature of https://
www.regulations.gov, as it is most
compatible with our comment review
procedures. If you attach your
comments as a separate document, our
preferred file format is Microsoft Word.
If you attach multiple comments (such
as form letters), our preferred format is
a spreadsheet in Microsoft Excel.
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–HQ–NWRS–
2012–0086; Division of Policy and
Directives Management, U.S. Fish and
Wildlife Service, 4401 N. Fairfax Drive,
MS 2042–PDM, Arlington, VA 22203.
We will not accept email or faxes. We
will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
SUPPLEMENTARY INFORMATION for more
information).
FOR FURTHER INFORMATION CONTACT:
Scott Covington, (703) 358–2427.
SUPPLEMENTARY INFORMATION: On
February 24, 2014 (79 FR 10080), we
published an advance notice of
proposed rulemaking (ANPR) and notice
of intent (NOI) to prepare an
environmental impact statement (EIS)
seeking public comments to assist us in
developing a proposed rule and
programmatic EIS on managing
activities associated with non-Federal
oil and gas development on lands and
waters of the National Wildlife Refuge
System (Refuge System). Non-Federal
oil and gas development refers to oil
and gas activities associated with any
private, state, or tribally owned mineral
interest where the surface estate is
administered by the Service as part of
the Refuge System. The proposed rule
will clarify and expand existing
regulations at 50 CFR 29.32.
The Service solicited public comment
and provided a 60-day public comment
period ending April 25, 2014. The
Service has received requests for an
extension of the public comment period.
In response to those requests, we are
reopening and extending the public
comment period for 30 days. All
comments received between April 25,
2014, and the date specified above in
DATES will be considered.
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32903
If you submitted comments or
information on the ANPR/NOI during
the initial comment period from
February 24 to April 25, 2014, please do
not resubmit them. We have
incorporated them into the public
record, and will fully consider them in
determining the scope of the proposed
rule and EIS.
Dated: May 21, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2014–13303 Filed 6–6–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 130722645–4453–01]
RIN 0648–BD53
International Fisheries; Pacific Tuna
Fisheries; Fishing Restrictions in the
Eastern Pacific Ocean, Whale Shark
Conservation Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes under the
Tuna Conventions Act to implement a
resolution of the Inter-American
Tropical Tuna Commission (IATTC)
intended to conserve whale sharks
(Rhincodon typhus) in the Eastern
Pacific Ocean (EPO). This proposed
rule, if adopted, would prohibit setting
a purse seine net on a whale shark, and
would require certain measures to
protect whale sharks in the event that a
whale shark is encircled in a purse seine
net. This proposed rulemaking is
necessary for the United States to satisfy
its obligations as a member of the
IATTC.
SUMMARY:
Comments must be submitted in
writing by June 30, 2014. A public
hearing will be held from 1 p.m. to 4
p.m. PST, June 11, 2014 in Long Beach,
CA.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2013–0118, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
DATES:
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Agencies
[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Proposed Rules]
[Pages 32900-32903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13288]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS-HQ-ES-2014-0012; FWS-HQ-ES-2014-0013; FWS-HQ-ES-2014-
0014; 450 003 0115]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
Petitions To List Two Tortoises as Endangered or Threatened and and a
Sloth as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition findings and initiation of status reviews.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on two petitions to list two species (Flat-tailed tortoise
(Pyxis planicauda) and Spider tortoise (Pyxis arachnoides)) as
endangered or threatened and one petition to list one species (Pygmy
three-toed sloth (Bradypus pygmaeus)) as endangered under the
Endangered Species Act of 1973, as amended (Act). Based on our review,
we find that these petitions present substantial scientific or
commercial information indicating that the petitioned actions may be
warranted. Therefore, with the publication of this document, we are
initiating a review of the status of these species to determine if the
petitioned actions are warranted. To assure that the best scientific
and commercial data informs the status review and, if warranted, the
subsequent listing determinations, and to provide an opportunity for
all interested parties to provide information for consideration for the
status assessment, we are requesting information regarding these
species (see Request for Information, below). Based on the status
reviews, we will issue 12-month findings on the petitions, which will
address whether
[[Page 32901]]
the petitioned action is warranted, as provided in section 4(b)(3)(B)
of the Act.
DATES: To allow us adequate time to conduct these status reviews, we
request that we receive information no later than September 8, 2014.
Information submitted electronically using the Federal eRulemaking
Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern
Time on the closing date.
ADDRESSES: You may submit information by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the appropriate docket
number (see table, below). You may submit information by clicking on
``Comment Now!'' If your information will fit in the provided comment
box, please use this feature of https://www.regulations.gov, as it is
most compatible with our information review procedures. If you attach
your information as a separate document, our preferred file format is
Microsoft Word. If you attach multiple comments (such as form letters),
our preferred format is a spreadsheet in Microsoft Excel.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: [Insert appropriate docket number; see table
below]; 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 information only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Request for Information).
------------------------------------------------------------------------
Species Docket No.
------------------------------------------------------------------------
Flat-tailed tortoise (Pyxis FWS-HQ-ES-2014-0012
planicauda).
Spider tortoise (Pyxis arachnoides) FWS-HQ-ES-2014-0013
Pygmy three-toed sloth (Bradypus FWS-HQ-ES-2014-0014
pygmaeus).
------------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203;
telephone 703-358-2171; facsimile 703-358-1735. If you use a
telecommunications device for the deaf (TDD), please call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that a petition presents substantial
information indicating that listing a species may be warranted, we are
required to promptly review the status of the species (status review).
For the status review to be complete and based on the best available
scientific and commercial information, we request information on these
species from range countries, governmental agencies, the scientific
community, industry, and any other interested parties. We seek
information on:
(1) Each species' biology, range, and population trends, including:
(a) Habitat requirements;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) The factors that are the basis for making a listing
determination for a species under section 4(a)(1) of the Act (16 U.S.C.
1531 et seq.), which are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range (``Factor A'');
(b) Overutilization for commercial, recreational, scientific, or
educational purposes (``Factor B'');
(c) Disease or predation (``Factor C'');
(d) The inadequacy of existing regulatory mechanisms (``Factor
D''); or
(e) Other natural or manmade factors affecting its continued
existence (``Factor E'').
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Submissions merely stating support for or opposition to the actions
under consideration without providing supporting information, although
noted, will not be considered in making a determination. Section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is an endangered or threatened species must be made ``solely on
the basis of the best scientific and commercial data available.''
You may submit your information concerning these status reviews by
one of the methods listed in the ADDRESSES section. If you submit
information via https://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the
Web site. If you submit a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this personal identifying information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hardcopy submissions on https://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing this finding will be available for you to review at https://www.regulations.gov, or you may make an appointment during normal
business hours at the U.S. Fish and Wildlife Service's Branch of
Foreign Species (see FOR FURTHER INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list a species presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted. We are to base this finding on information provided in the
petition and supporting information submitted with the petition. To the
maximum extent practicable, we are to make this finding within 90 days
of our receipt of the petition and publish our notice of the finding in
the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
scientific or commercial information was presented, we are required to
commence a review of the status of the species, which will be
subsequently summarized in our 12-month finding.
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR Part 424 set forth the procedures for adding a
species to, or removing a species from, the Federal Lists of Endangered
and Threatened Wildlife and Plants. A species may be determined to be
an endangered or threatened species due to one or more of the five
factors described in section 4(a)(1) of the Act (see Request for
Information).
In considering what factors might constitute threats, we must look
beyond the exposure of the species to a factor to evaluate whether the
species may respond to the factor in a way that causes actual impacts
to the species. If
[[Page 32902]]
there is exposure to a factor and the species responds negatively, the
factor may be a threat and, during the status review, we attempt to
determine how significant a threat it is. The threat is significant if
it drives, or contributes to, the risk of extinction of the species
such that the species may warrant listing as endangered or threatened
as those terms are defined in the Act. However, the identification of
factors that could impact a species negatively may not be sufficient to
compel a finding that the information in the petition and our files is
substantial. The information must include evidence sufficient to
suggest that these factors may be operative threats that act on the
species to the point that the species may meet the definition of
endangered or threatened under the Act.
Review of Petition To List the Flat-Tailed Tortoise as Endangered or
Threatened Under the Act
Additional information regarding our review of this petition can be
found at https://www.regulations.gov under Docket No. FWS-HQ-ES-2014-
0012 in the document labeled Appendix for the flat-tailed tortoise.
Species and Range
The flat-tailed tortoise (Pyxis planicauda) is endemic to
Madagascar.
Petition History
On September 27, 2013, we received a petition from Friends of
Animals and WildEarth Guardians, requesting that the flat-tailed
tortoise be listed as endangered or threatened under the Act. The
petition clearly identified itself as such and included the
identification information for the petitioner required at 50 CFR
424.14(a). On October 25, 2013, we sent a response letter to the
Petitioner acknowledging receipt of the petition. This finding
addresses the petition.
Finding
Based on our review of the information provided in the petition and
in the sources cited in the petition, we find that the petition
presents substantial scientific or commercial information indicating
that the petitioned action may be warranted for the flat-tailed
tortoise based on factors A and E (see Appendix for the flat-tailed
tortoise). Thus, for the flat-tailed tortoise, the Service requests
information on the five listing factors under section 4(a)(1) of the
Act (see Request for Information).
Review of Petition To List the Spider Tortoise as Endangered or
Threatened Under the Act
Additional information regarding our review of this petition can be
found at https://www.regulations.gov under Docket No. FWS-HQ-ES-2014-
0013 in the document labeled Appendix for the spider tortoise.
Species and Range
The spider tortoise (Pyxis arachnoides) is endemic to Madagascar.
Petition History
On September 27, 2013, we received a petition from Friends of
Animals and WildEarth Guardians, requesting that the spider tortoise be
listed as endangered or threatened under the Act. The petition clearly
identified itself as such and included the identification information
for the petitioner required at 50 CFR 424.14(a). On October 25, 2013,
we sent a response letter to the Petitioner acknowledging receipt of
the petition. This finding addresses the petition.
Finding
Based on our review of the information provided in the petition and
in the sources cited in the petition, we find that the petition
presents substantial scientific or commercial information indicating
that the petitioned action may be warranted for the spider tortoise
based on factors A, B, D, and E (see Appendix for the spider tortoise).
Thus, for the spider tortoise, the Service requests information on the
five listing factors under section 4(a)(1) of the Act (see Request for
Information).
Review of Petition To List the Pygmy Three-Toed Sloth as Endangered
Under the Act
Additional information regarding our review of this petition can be
found at https://www.regulations.gov under Docket No. FWS-HQ-ES-2014-
0014 in the document labeled Appendix for the pygmy three-toed sloth.
Species and Range
The pygmy three-toed sloth (Bradypus pygmaeus) is endemic to Panama
on the island of Isla Escudo de Veraguas (Isla Escudo).
Petition History
On November 15, 2013, we received a petition from the Animal
Welfare Institute requesting that we emergency-list the pygmy three-
toed sloth as endangered under the Act. The petition clearly identified
itself as such and included the identification information for the
petitioner required by 50 CFR 424.14(a). In a December 4, 2013, letter
to the petitioner, we responded that we reviewed the information
presented in the petition and did not find that the species warranted
an emergency listing. This finding addresses the petition.
Finding
Based on our review of the information provided in the petition and
in the sources cited in the petition, we find that the petition
presents substantial scientific or commercial information indicating
that the petitioned action may be warranted for the pygmy three-toed
sloth based on factors A, B, C, and E (see Appendix for the pygmy
three-toed sloth). Thus, for the pygmy three-toed sloth, the Service
requests information on the five listing factors under section 4(a)(1)
of the Act (see Request for Information).
Conclusion
On the basis of our evaluation of the information presented under
section 4(b)(3)(A) of the Act, we have determined that the three
petitions summarized above present substantial scientific or commercial
information indicating that the requested actions may be warranted, and
we are initiating status reviews to determine whether these actions are
warranted under the Act. At the conclusion of the status reviews, we
will issue 12-month findings in accordance with section 4(b)(3)(B) of
the Act, as to whether or not listing is warranted.
It is important to note that the ``substantial information''
standard for a 90-day finding differs from the Act's ``best scientific
and commercial data'' standard that applies to a status review to
determine whether a petitioned action is warranted. A 90-day finding
does not constitute a status review under the Act. In a 12-month
finding, we will determine whether a petitioned action is warranted
after we have completed a thorough review of the species. Because the
Act's standards for 90-day and 12-month findings are different, as
described above, a substantial 90-day finding does not mean that the
12-month finding will result in a warranted finding.
References Cited
On https://www.regulations.gov, the docket for each species (see
table under ADDRESSES) contains the relevant appendix and petition
mentioned above. Each appendix contains a list of references cited.
Each appendix is also available upon request from the Branch of Foreign
Species (see FOR FURTHER INFORMATION CONTACT).
[[Page 32903]]
Author
The primary author of this document is Amy Brisendine, Branch of
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife
Service (see FOR FURTHER INFORMATION CONTACT).
Authority
The authority for these actions is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: May 27, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-13288 Filed 6-6-14; 8:45 am]
BILLING CODE 4310-55-P