Endangered and Threatened Wildlife and Plants; Proposed Rule To Amend the Listing of the Southern Selkirk Mountains Population of Woodland Caribou, 22961-22963 [2016-08617]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
quarter a manufacturer should refund or
credit a covered entity if there is an
overcharge.
Definition of ‘‘Knowing and
Intentional’’
Under section 340B(d)(1)(B)(vi) of the
Public Health Service Act, the Secretary
is charged with issuing civil monetary
penalties for manufacturers who have
‘‘knowingly and intentionally’’ charged
a covered entity a price that exceeds the
340B ceiling price. Although the
knowing and intentional standard was
included in the NPRM issued on June
17, 2015, ‘‘knowing and intentional’’
was not specifically defined. HHS
received a number of comments urging
HHS to further define these terms.
Through this reopening of the NPRM
comment period, we are seeking
comment on the definition of the
knowing and intentional standard for
purposes of this civil monetary penalty
authority. We believe that, by reopening
the comment period as to this issue, all
parties will have an opportunity to
express their views on this definitional
standard prior to finalization of the rule.
HHS is considering whether
‘‘knowing and intentional’’ should be
further defined. If the terms are defined,
possible definitions could be: (1) Actual
knowledge by the manufacturer, its
employees, or its agents of the instance
of overcharge; (2) willful or purposeful
acts by, or on behalf of, the
manufacturer that lead to the instance of
overcharge; (3) acting consciously and
with awareness of the acts leading to the
instance of overcharge; and/or (4) acting
with a conscious desire or purpose to
cause an overcharge or acting in a way
practically certain to result in an
overcharge. Manufacturers do not need
to intend specifically to violate the 340B
statute; but rather to have knowingly
and intentionally overcharged the 340B
covered entity.
HHS understands that this is difficult
to demonstrate. As such, HHS is
soliciting input on circumstances in
which the requisite intent should and
should not be inferred. In particular,
HHS would like to solicit comment on
the concept that manufacturers would
not be considered to have the requisite
intent in the following circumstances:
• The manufacturer made an
inadvertent, unintentional, or
unrecognized error in calculating the
ceiling price;
• A manufacturer acted on a
reasonable interpretation of agency
guidance; or
• When a manufacturer has
established alternative allocation
procedures where there is an inadequate
supply of product to meet market
VerDate Sep<11>2014
17:42 Apr 18, 2016
Jkt 238001
demand, as long as covered entities are
able to purchase on the same terms as
all other similarly-situated providers.
HHS welcomes comments regarding
other situations where the requisite
intent may or may not be demonstrated.
Because of the scope of the proposed
rule, and since we have specifically
requested the public’s comments on
various aspects of the rule, we believe
that it is important to allow ample time
for the public to consider these
approaches to these specific policies in
the proposed rule. Therefore, we have
decided to reopen the comment period
for an additional 30 days. HHS believes
that a 30-day period is sufficient and
balances the interests of encouraging
public participation in the rulemaking
process with the desire to not
unnecessarily delay key decisions about
rulemaking. This document announces
the reopening of the comment period to
end May 19, 2016.
Dated: April 6, 2016.
James Macrae,
Acting Administrator, Health Resources and
Services Administration.
Approved: April 12, 2016.
Sylvia M. Burwell,
Secretary.
[FR Doc. 2016–09017 Filed 4–18–16; 8:45 am]
BILLING CODE 4165–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2012–0097;
4500030114]
RIN 1018–AZ74
Endangered and Threatened Wildlife
and Plants; Proposed Rule To Amend
the Listing of the Southern Selkirk
Mountains Population of Woodland
Caribou
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of the
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the public comment period
on our May 8, 2014, proposed rule to
amend the listing of the southern
Selkirk Mountains population of
woodland caribou (Rangifer tarandus
caribou) by defining the Southern
Mountain Caribou distinct population
segment (DPS) and listing it as
threatened. In the May 8, 2014,
proposed rule, we also proposed to
SUMMARY:
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
22961
reaffirm our November 28, 2012, final
designation of critical habitat for the
southern Selkirk Mountains population
of woodland caribou as critical habitat
for the proposed Southern Mountain
Caribou DPS. On March 23, 2015, the
U.S. District Court of Idaho remanded
our November 28, 2012, final critical
habitat rule to the Service to correct a
procedural error by providing another
opportunity for public comment. This
reopening of the comment period will
provide all interested parties with the
opportunity to provide comment on our
November 28, 2012, final critical habitat
designation, in light of the court’s
ruling.
DATES: The comment period for the
proposed rule published in the Federal
Register on May 8, 2014 (79 FR 26504),
is reopened. We will consider
comments received or postmarked on or
before May 19, 2016. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. Eastern Time on the closing
date. Any comments that we receive
after the closing date may not be
considered in the final decision on this
action.
ADDRESSES:
Document availability: You may
obtain information and documents
associated with the opening of this
comment period, a copy of the
November 28, 2012, final critical habitat
designation (77 FR 71042), as well as
information relating to the proposed
reaffirmation of critical habitat in the
proposed amended listing rule (79 FR
26504, May 8, 2014) and any comments
received on that rule at https://
www.regulations.gov under Docket No.
FWS–R1–ES–2012–0097, or by
contacting the U.S. Fish and Wildlife
Service, Idaho Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
Information we relied upon for making
our November 28, 2012, final critical
habitat designation (77 FR 71042) can be
found at https://www.regulations.gov
under Docket No. FWS–R1–ES–2011–
0096 and Docket No. FWS–R1–ES–
2012–0097, or by contacting the U.S.
Fish and Wildlife Service, Idaho Fish
and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Comment submission: You may
submit written information by one of
the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R1–ES–2012–0097, which is
the docket number for this rulemaking.
Then, click the Search button. In the
Search panel on the left side of the
E:\FR\FM\19APP1.SGM
19APP1
22962
Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules
screen, under the Document Type
heading, click on the box next to
‘‘Proposed Rule’’ to locate this
document. You may submit a comment
by clicking on ‘‘Comment Now!’’ Please
ensure that you have found the correct
rulemaking before submitting your
comment.
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R1–ES–2012–
0097; Division of Policy, Performance,
and Management Programs; U.S. Fish
and Wildlife Service, MS: BPHC; 5275
Leesburg Pike; Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments received on
https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Information Requested section
below, for more information).
FOR FURTHER INFORMATION CONTACT:
Dennis Mackey, Acting State
Supervisor, Idaho Fish and Wildlife
Office, 1387 S. Vinnell Way, Room 368,
Boise, Idaho (telephone 208–378–5243;
facsimile 208–378–5262). If you use a
telecommunications device for the deaf
(TDD), please call the Federal
Information Relay Service at 800–877–
8339.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
Background
On November 30, 2011, we proposed
to designate approximately 375,562
acres (ac) (151,985 hectares (ha)) of
critical habitat for the southern Selkirk
Mountains population of woodland
caribou (Rangifer tarandus caribou) (76
FR 74018). On November 28, 2012, after
considering comments we received from
peer reviewers as well as from Federal
agencies, State agencies, Tribes, and the
general public on the proposed
designation, we designated
approximately 30,010 ac (12,145 ha) of
critical habitat for the southern Selkirk
Mountains population of woodland
caribou (77 FR 71042).
On May 8, 2014, we proposed to
amend the current listing of the
southern Selkirk Mountains population
of woodland caribou by defining the
Southern Mountain Caribou DPS, which
includes the currently listed southern
Selkirk Mountains population of
woodland caribou, as well as
populations of mountain caribou in
British Columbia (79 FR 26504), and
listing the DPS as threatened. In the
May 8, 2014, rule, we also proposed to
reaffirm the approximately 30,010 ac
(12,145 ha) designated as critical habitat
on November 28, 2012 (77 FR 71042),
VerDate Sep<11>2014
17:42 Apr 18, 2016
Jkt 238001
for the southern Selkirk Mountains
population of woodland caribou as
critical habitat for the proposed
Southern Mountain Caribou DPS. As we
stated in our May 8, 2014, proposed rule
(79 FR 26532), our regulations at 50 CFR
424.12(h) allow us to designate critical
habitat only in the United States. Of the
15 populations of mountain caribou that
make up the Southern Mountain caribou
DPS, the southern Selkirk Mountains
woodland caribou population is the
only population that moves freely
between the coterminous United States
and Canada. We determined that critical
habitat for the Southern Mountain
caribou DPS corresponded exactly to the
critical habitat identified for the
southern Selkirk Mountains population
of woodland caribou in our final rule
published on November 28, 2012 (77 FR
71042). Further we determined that the
specific area identified in the November
28, 2012, final rule met the definition of
critical habitat for the Southern
Mountain caribou DPS, and that there
are no additional areas that meet the
definition of critical habitat.
The May 8, 2014, proposed rule (79
FR 26504) had a 60-day public comment
period, ending July 7, 2014. On June 10,
2014, we extended the public comment
period an additional 30 days, ending on
August 6, 2014, and announced the
scheduling of two public hearings,
which were held on June 25, 2014, and
June 26, 2014 (79 FR 33169). On March
24, 2015, we reopened the public
comment period for an additional 30
days, ending on April 23, 2015, to allow
the public time to review new
information received after the previous
public comment period (80 FR 15545).
On March 23, 2015, the U.S. District
Court for the District of Idaho ruled in
Center for Biological Diversity v. Kelly,
93 F. Supp. 3d 1193 (D. Idaho, 2015),
that we made a procedural error in not
providing for public review and
comment on certain aspects of the
reasoning that we relied upon in making
our November 28, 2012, final
designation of critical habitat (77 FR
71042). The reopening of this comment
period will provide all interested parties
an opportunity to provide comment on
the November 28, 2012, final
designation of critical habitat, which we
proposed to reaffirm in the May 8, 2014,
proposed rule as the critical habitat for
the Southern Mountain caribou DPS.
The primary factors that we
considered in making changes from the
November 30, 2011, proposed critical
habitat designation (76 FR 74018) to the
November 28, 2012, final critical habitat
designation (77 FR 71042), which we
proposed to reaffirm in the May 8, 2014,
proposed rule include:
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
(1) A revised determination of the
geographical area occupied by the
southern Selkirk Mountains population
of woodland caribou at the time of
listing, based on comments we received,
including those from peer reviewers,
which caused us to reevaluate surveys
conducted by Scott and Servheen (1984,
1985).
(2) Census monitoring that
documented low numbers of individual
caribou observed in the United States
during those annual surveys.
(3) Caribou observations within the
United States for several years that have
consistently been limited to areas close
to the United States-Canada border.
(4) Peer review comments received
leading to a reanalysis of the
appropriate elevational limit of critical
habitat (see Kinley and Apps (2007)).
(5) Information and literature
reporting the overall decline of the
subspecies mountain caribou (Rangifer
tarandus caribou) across its range, and
in particular the decline of woodland
caribou populations in the southern
extent of their range, including the
southern Selkirk Mountains population
of woodland caribou.
(6) The applicability as well as the
status of the recovery objectives
identified in the 1994 Selkirk
Mountains Woodland Caribou Recovery
Plan (USFWS 1994).
(7) Information on areas currently
conserved and managed for the
conservation of woodland caribou in the
Selkirk Mountains in British Columbia,
Canada, as described in The Nature
Conservancy (2011) and the 2009
update on the Mountain Caribou
Recovery Implementation Plan provided
to the Mountain Caribou Progress Board
(DeGroot 2012, pers comm.) (see also
MCRIP 2009). All documents cited
above can be viewed on
www.regulations.gov in the
supplemental materials for Docket No.
FWS–R1–ES–2012–0097.
Information Requested
We intend that any final action will
be based on the best scientific data
available, and be as accurate and
complete as possible. Therefore, we are
seeking written comments and
information from appropriate Federal
and State agencies, the scientific
community, and any other interested
party during this reopened comment
period on our proposed rule that was
published in the May 8, 2014, Federal
Register (79 FR 26504). We are
particularly interested in comments and
information related to our November 28,
2012, final critical habitat designation,
which we have proposed to reaffirm as
critical habitat for the Southern
E:\FR\FM\19APP1.SGM
19APP1
Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Mountain caribou DPS. This
information will be used to finalize the
critical habitat designation for the
Southern Mountain caribou DPS.
If you submitted comments or
information on the proposed
reaffirmation of the November 28, 2012,
designation of critical habitat in the
proposed amended listing rule (79 FR
26504, Docket No. FWS–R1–ES–2012–
0097) during the initial comment period
from May 8, 2014, to July 6, 2014, the
extended comment period (79 FR
33169) from July 6, 2014, to August 6,
2014, or the additional comment period
(80 FR 15545) from March 24, 2015, to
April 23, 2015, please do not resubmit
them. We have incorporated them into
the public record as part of this
comment period, and we will fully
consider them in our final
determination.
Please note that submissions merely
stating support for or opposition to the
action under consideration without
providing supporting information,
VerDate Sep<11>2014
17:42 Apr 18, 2016
Jkt 238001
although noted, will not be considered
in making a determination, as section
4(b)(2) of the Act directs that critical
habitat determinations must be made
‘‘on the basis of the best scientific data
available.’’
You may submit your comments and
materials concerning the May 8, 2014,
proposed rule (79 FR 26504) by one of
the methods listed in ADDRESSES. We
request that you send comments only by
the methods described in ADDRESSES. 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 your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this 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. Please
include sufficient information with your
PO 00000
Frm 00044
Fmt 4702
Sfmt 9990
22963
comments to allow us to verify any
scientific or commercial information
you include.
Comments and materials we receive,
as well as some supporting
documentation we used in preparing the
November 28, 2012, final critical habitat
rule, will be available for public
inspection on https://
www.regulations.gov at Docket No.
FWS–R1–ES–2012–0097, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Idaho Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: April 5, 2016.
Noah Matson,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2016–08617 Filed 4–18–16; 8:45 am]
BILLING CODE 4333–15–P
E:\FR\FM\19APP1.SGM
19APP1
]]>Agencies
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Proposed Rules]
[Pages 22961-22963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08617]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2012-0097; 4500030114]
RIN 1018-AZ74
Endangered and Threatened Wildlife and Plants; Proposed Rule To
Amend the Listing of the Southern Selkirk Mountains Population of
Woodland Caribou
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of the comment period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period on our May 8, 2014, proposed
rule to amend the listing of the southern Selkirk Mountains population
of woodland caribou (Rangifer tarandus caribou) by defining the
Southern Mountain Caribou distinct population segment (DPS) and listing
it as threatened. In the May 8, 2014, proposed rule, we also proposed
to reaffirm our November 28, 2012, final designation of critical
habitat for the southern Selkirk Mountains population of woodland
caribou as critical habitat for the proposed Southern Mountain Caribou
DPS. On March 23, 2015, the U.S. District Court of Idaho remanded our
November 28, 2012, final critical habitat rule to the Service to
correct a procedural error by providing another opportunity for public
comment. This reopening of the comment period will provide all
interested parties with the opportunity to provide comment on our
November 28, 2012, final critical habitat designation, in light of the
court's ruling.
DATES: The comment period for the proposed rule published in the
Federal Register on May 8, 2014 (79 FR 26504), is reopened. We will
consider comments received or postmarked on or before May 19, 2016.
Comments submitted electronically using the Federal eRulemaking Portal
(see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on
the closing date. Any comments that we receive after the closing date
may not be considered in the final decision on this action.
ADDRESSES:
Document availability: You may obtain information and documents
associated with the opening of this comment period, a copy of the
November 28, 2012, final critical habitat designation (77 FR 71042), as
well as information relating to the proposed reaffirmation of critical
habitat in the proposed amended listing rule (79 FR 26504, May 8, 2014)
and any comments received on that rule at https://www.regulations.gov
under Docket No. FWS-R1-ES-2012-0097, or by contacting the U.S. Fish
and Wildlife Service, Idaho Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT). Information we relied upon for making our
November 28, 2012, final critical habitat designation (77 FR 71042) can
be found at https://www.regulations.gov under Docket No. FWS-R1-ES-2011-
0096 and Docket No. FWS-R1-ES-2012-0097, or by contacting the U.S. Fish
and Wildlife Service, Idaho Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Comment submission: You may submit written information by one of
the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R1-ES-2012-0097,
which is the docket number for this rulemaking. Then, click the Search
button. In the Search panel on the left side of the
[[Page 22962]]
screen, under the Document Type heading, click on the box next to
``Proposed Rule'' to locate this document. You may submit a comment by
clicking on ``Comment Now!'' Please ensure that you have found the
correct rulemaking before submitting your comment.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R1-ES-2012-0097; Division of Policy,
Performance, and Management Programs; U.S. Fish and Wildlife Service,
MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments received on https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Information Requested
section below, for more information).
FOR FURTHER INFORMATION CONTACT: Dennis Mackey, Acting State
Supervisor, Idaho Fish and Wildlife Office, 1387 S. Vinnell Way, Room
368, Boise, Idaho (telephone 208-378-5243; facsimile 208-378-5262). If
you use a telecommunications device for the deaf (TDD), please call the
Federal Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On November 30, 2011, we proposed to designate approximately
375,562 acres (ac) (151,985 hectares (ha)) of critical habitat for the
southern Selkirk Mountains population of woodland caribou (Rangifer
tarandus caribou) (76 FR 74018). On November 28, 2012, after
considering comments we received from peer reviewers as well as from
Federal agencies, State agencies, Tribes, and the general public on the
proposed designation, we designated approximately 30,010 ac (12,145 ha)
of critical habitat for the southern Selkirk Mountains population of
woodland caribou (77 FR 71042).
On May 8, 2014, we proposed to amend the current listing of the
southern Selkirk Mountains population of woodland caribou by defining
the Southern Mountain Caribou DPS, which includes the currently listed
southern Selkirk Mountains population of woodland caribou, as well as
populations of mountain caribou in British Columbia (79 FR 26504), and
listing the DPS as threatened. In the May 8, 2014, rule, we also
proposed to reaffirm the approximately 30,010 ac (12,145 ha) designated
as critical habitat on November 28, 2012 (77 FR 71042), for the
southern Selkirk Mountains population of woodland caribou as critical
habitat for the proposed Southern Mountain Caribou DPS. As we stated in
our May 8, 2014, proposed rule (79 FR 26532), our regulations at 50 CFR
424.12(h) allow us to designate critical habitat only in the United
States. Of the 15 populations of mountain caribou that make up the
Southern Mountain caribou DPS, the southern Selkirk Mountains woodland
caribou population is the only population that moves freely between the
coterminous United States and Canada. We determined that critical
habitat for the Southern Mountain caribou DPS corresponded exactly to
the critical habitat identified for the southern Selkirk Mountains
population of woodland caribou in our final rule published on November
28, 2012 (77 FR 71042). Further we determined that the specific area
identified in the November 28, 2012, final rule met the definition of
critical habitat for the Southern Mountain caribou DPS, and that there
are no additional areas that meet the definition of critical habitat.
The May 8, 2014, proposed rule (79 FR 26504) had a 60-day public
comment period, ending July 7, 2014. On June 10, 2014, we extended the
public comment period an additional 30 days, ending on August 6, 2014,
and announced the scheduling of two public hearings, which were held on
June 25, 2014, and June 26, 2014 (79 FR 33169). On March 24, 2015, we
reopened the public comment period for an additional 30 days, ending on
April 23, 2015, to allow the public time to review new information
received after the previous public comment period (80 FR 15545).
On March 23, 2015, the U.S. District Court for the District of
Idaho ruled in Center for Biological Diversity v. Kelly, 93 F. Supp. 3d
1193 (D. Idaho, 2015), that we made a procedural error in not providing
for public review and comment on certain aspects of the reasoning that
we relied upon in making our November 28, 2012, final designation of
critical habitat (77 FR 71042). The reopening of this comment period
will provide all interested parties an opportunity to provide comment
on the November 28, 2012, final designation of critical habitat, which
we proposed to reaffirm in the May 8, 2014, proposed rule as the
critical habitat for the Southern Mountain caribou DPS.
The primary factors that we considered in making changes from the
November 30, 2011, proposed critical habitat designation (76 FR 74018)
to the November 28, 2012, final critical habitat designation (77 FR
71042), which we proposed to reaffirm in the May 8, 2014, proposed rule
include:
(1) A revised determination of the geographical area occupied by
the southern Selkirk Mountains population of woodland caribou at the
time of listing, based on comments we received, including those from
peer reviewers, which caused us to reevaluate surveys conducted by
Scott and Servheen (1984, 1985).
(2) Census monitoring that documented low numbers of individual
caribou observed in the United States during those annual surveys.
(3) Caribou observations within the United States for several years
that have consistently been limited to areas close to the United
States-Canada border.
(4) Peer review comments received leading to a reanalysis of the
appropriate elevational limit of critical habitat (see Kinley and Apps
(2007)).
(5) Information and literature reporting the overall decline of the
subspecies mountain caribou (Rangifer tarandus caribou) across its
range, and in particular the decline of woodland caribou populations in
the southern extent of their range, including the southern Selkirk
Mountains population of woodland caribou.
(6) The applicability as well as the status of the recovery
objectives identified in the 1994 Selkirk Mountains Woodland Caribou
Recovery Plan (USFWS 1994).
(7) Information on areas currently conserved and managed for the
conservation of woodland caribou in the Selkirk Mountains in British
Columbia, Canada, as described in The Nature Conservancy (2011) and the
2009 update on the Mountain Caribou Recovery Implementation Plan
provided to the Mountain Caribou Progress Board (DeGroot 2012, pers
comm.) (see also MCRIP 2009). All documents cited above can be viewed
on www.regulations.gov in the supplemental materials for Docket No.
FWS-R1-ES-2012-0097.
Information Requested
We intend that any final action will be based on the best
scientific data available, and be as accurate and complete as possible.
Therefore, we are seeking written comments and information from
appropriate Federal and State agencies, the scientific community, and
any other interested party during this reopened comment period on our
proposed rule that was published in the May 8, 2014, Federal Register
(79 FR 26504). We are particularly interested in comments and
information related to our November 28, 2012, final critical habitat
designation, which we have proposed to reaffirm as critical habitat for
the Southern
[[Page 22963]]
Mountain caribou DPS. This information will be used to finalize the
critical habitat designation for the Southern Mountain caribou DPS.
If you submitted comments or information on the proposed
reaffirmation of the November 28, 2012, designation of critical habitat
in the proposed amended listing rule (79 FR 26504, Docket No. FWS-R1-
ES-2012-0097) during the initial comment period from May 8, 2014, to
July 6, 2014, the extended comment period (79 FR 33169) from July 6,
2014, to August 6, 2014, or the additional comment period (80 FR 15545)
from March 24, 2015, to April 23, 2015, please do not resubmit them. We
have incorporated them into the public record as part of this comment
period, and we will fully consider them in our final determination.
Please note that submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as section 4(b)(2) of the Act directs that
critical habitat determinations must be made ``on the basis of the best
scientific data available.''
You may submit your comments and materials concerning the May 8,
2014, proposed rule (79 FR 26504) by one of the methods listed in
ADDRESSES. We request that you send comments only by the methods
described in ADDRESSES. 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 your
submission is made via a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this 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. Please include sufficient
information with your comments to allow us to verify any scientific or
commercial information you include.
Comments and materials we receive, as well as some supporting
documentation we used in preparing the November 28, 2012, final
critical habitat rule, will be available for public inspection on
https://www.regulations.gov at Docket No. FWS-R1-ES-2012-0097, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Idaho Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: April 5, 2016.
Noah Matson,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-08617 Filed 4-18-16; 8:45 am]
BILLING CODE 4333-15-P
