Endangered and Threatened Species; Proposed Threatened Status for Distinct Population Segments of the Bearded Seal, 77465-77466 [2011-31967]
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srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Proposed Rules
days of service of the petition. The
written decision will include the factual
and legal basis for the determination.
(5) If the Field Administrator or
Director grants the request for
rescission, the written decision is the
Final Agency Order.
(6) If the Field Administrator or
Director denies the request for
rescission, the petitioner may file a
petition for administrative review of the
denial with the Assistant Administrator,
Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590–0001,
Attention: Adjudication Counsel or by
electronic mail to FMCSA.Adjudication
@dot.gov. The petition for
administrative review of the denial must
be served and filed within 15 days of
the service of the decision denying the
request for recession. The petition for
administrative review must identify the
disputed factual or procedural issues
with respect to the denial of the petition
for rescission. The petition may not,
however, challenge the underlying basis
of the order for which rescission was
sought.
(7) The Assistant Administrator will
issue a written decision on the petition
for administrative review of the denial
of the petition for rescission within 60
days. The Assistant Administrator’s
decision constitutes the Final Agency
Order.
(i) Other Orders Unaffected. If a motor
carrier, intermodal equipment provider,
broker, or freight forwarder subject to an
order issued under this section is or
becomes subject to any other order,
prohibition, or requirement of the
FMCSA, an order issued under this
section is in addition to, and does not
amend or supersede such other order,
prohibition, or requirement. A motor
carrier, intermodal equipment provider,
broker, or freight forwarder subject to an
order issued under this section remains
subject to the suspension and revocation
provisions of 49 U.S.C. 13905 for
violations of regulations governing their
operations.
(j) Inapplicability of Subparts.
Subparts B, C, D, and E, except § 386.67,
do not apply to this section.
4. Amend Appendix A to 49 CFR part
386, section IV, by redesignating
existing paragraph (h) as paragraph (i)
and adding a new paragraph (h) to read
as follows:
Appendix A to Part 386—Penalty
Schedule; Violations of Notices and
Orders
*
*
*
*
*
IV. * * *
h. Violation—Operating in violation of an
order issued under § 386.73.
VerDate Mar<15>2010
17:07 Dec 12, 2011
Jkt 226001
Penalty—Up to $16,000 per day the
operation continues after the effective date
and time of the out-of-service order.
*
*
*
*
*
Issued on: December 7, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011–31858 Filed 12–12–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 101126591–1705–02]
RIN 0648–XZ58
Endangered and Threatened Species;
Proposed Threatened Status for
Distinct Population Segments of the
Bearded Seal
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; 6-month
extension of the deadline for a final
listing determination.
AGENCY:
We, NMFS, announce a 6month extension of the deadline for a
final determination regarding the
December 10, 2010, proposed rule to list
two distinct population segments (DPS)
of the bearded seal (Erignathus
barbatus) as threatened species under
the Endangered Species Act of 1973, as
amended (ESA). We are taking this
action because there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the proposed listing rule. An
additional 6 months will allow us to
solicit additional data, evaluate and
assess special independent peer review
of those aspects of the status review
report over which there is substantial
disagreement, and better inform our
final determination on the proposed
listing rule.
DATES: We intend to reopen the public
comment period to accept comment on
the special independent peer review
report when it becomes available. We
will soon announce the dates of the new
public comment period in the Federal
Register. A final determination on this
proposed listing action will be made no
later than June 10, 2012.
ADDRESSES: The proposed rule, status
review report, and other materials
relating to this proposal can be found on
the Alaska Region Web site at: https://
alaskafisheries.noaa.gov/.
SUMMARY:
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
77465
FOR FURTHER INFORMATION CONTACT:
Tamara Olson, NMFS Alaska Region,
(907) 271–5006; Kaja Brix, NMFS
Alaska Region, (907) 586–7235; or Marta
Nammack, Office of Protected
Resources, Silver Spring, MD (301) 427–
8469.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 2008, we initiated
status reviews of bearded, ringed (Phoca
hispida), and spotted seals (Phoca
largha) under the ESA (73 FR 16617).
On May 28, 2008, we received a petition
from the Center for Biological Diversity
to list these three species of seals as
threatened or endangered under the
ESA, primarily due to concerns about
threats to their habitat from climate
warming and loss of sea ice. The
Petitioner also requested that critical
habitat be designated for these species
concurrent with listing under the ESA.
In response to the petition, we
published a 90-day finding that the
petition presented substantial scientific
or commercial information indicating
that the petitioned action may be
warranted (73 FR 51615; September 4,
2008). Accordingly, we proceeded with
the status reviews of bearded, ringed,
and spotted seals and solicited
information pertaining to them.
Following completion of a status
review report and 12-month finding for
spotted seals in October 2009 (74 FR
53683, October 20, 2009; see also, 75 FR
65239; October 22, 2010), we
established Biological Review Teams
(BRT) to prepare status review reports
for bearded and ringed seals. The status
review report of the bearded seal is a
peer-reviewed compilation of the best
scientific and commercial data available
concerning the status of the species,
including the past, present, and future
threats to this species. After the status
review report was completed by the
BRT (Cameron et al., 2010), on
December 10, 2010, we made a 12month finding and proposed to list the
Beringia DPS and the Okhotsk DPS of
the Erignathus barbatus nauticus
subspecies of bearded seals as
threatened (75 FR 77496). No listing
action was proposed for the Erignathus
barbatus barbatus subspecies. We
published our 12-month finding for
ringed seals as a separate notification
concurrently with this finding (75 FR
77476; December 10, 2010).
The proposed rule to list the Beringia
and Okhotsk DPSs of bearded seals
announced a 60-day comment period to
close on February 8, 2011. On February
8, 2011, we extended the comment
period 45 days to March 25, 2011 (76 FR
6755). Three public hearings were held
E:\FR\FM\13DEP1.SGM
13DEP1
77466
Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Proposed Rules
srobinson on DSK4SPTVN1PROD with PROPOSALS
in Alaska in Anchorage, Barrow, and
Nome (76 FR 9734, February 22, 2011;
76 FR 14883, March 18, 2011).
In accordance with our July 1, 1994,
Interagency Cooperative Policy on Peer
Review (59 FR 34270), we requested the
expert opinion of four independent
scientists with expertise in seal biology
and/or Arctic sea ice and climate change
regarding the pertinent scientific data
and assumptions concerning the
biological and ecological information
used in the proposed rule. The purpose
of the review was to ensure that the best
biological and commercial information
was used in the decision-making
process, including input of appropriate
experts and specialists. We received
comments from three of these reviewers.
There was significant disagreement
among the peer reviewers regarding the
magnitude and immediacy of the threat
posed to the Beringia DPS by the
projected changes in sea ice habitat.
This disagreement was also evident in
public comments received. A number of
commenters disputed the assessment of
the threat posed to the Beringia DPS by
the projected habitat changes, including
the State of Alaska, certain Tribal
governments and Alaska Native
organizations, and Canada’s Department
of Fisheries and Oceans. We have
considered these comments, and we
find that substantial disagreement exists
concerning the sufficiency or accuracy
of the analysis of model projections of
future sea ice cover and related impacts
to the Beringia DPS, and the magnitude
and immediacy of the threats posed to
this population by the projected habitat
changes.
Extension of Final Listing
Determination
The ESA, section 4(b)(6), requires that
we take one of three actions within 1
year of a proposed listing: (1) Finalize
the proposed listing; (2) withdraw the
proposed listing; or (3) extend the final
determination by not more than 6
months, if there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the determination, for the
purposes of soliciting additional data.
In consideration of the disagreement
related to the model projections and
analysis of future sea ice habitat in the
range of the Beringia DPS, we are
extending the timeline for the final
determination by an additional 6
months (until June 10, 2012) to resolve
the disagreement. We believe that the
solicitation of additional data through
special independent peer review of this
aspect of the status review report will
better inform our final determination on
the proposed listing rule and will
VerDate Mar<15>2010
16:11 Dec 12, 2011
Jkt 226001
address the disagreement. We are
therefore conducting peer review in
accordance with our Policy on Peer
Review, and we will provide an
opportunity for the public to comment
on the peer review report. The
additional 6 months will allow time for
us to evaluate and assess the special
independent peer review comments and
make the peer review report available
for comment. We do not anticipate that
this additional time will appreciably
impact either of the two DPSs of
bearded seals we proposed to list as
threatened.
The reopening of the public comment
period will be announced in the Federal
Register when the availability of the
peer review report compiling the special
independent review comments is
known. At that time, instructions for
obtaining a copy of the peer review
report will also be announced.
Authority: 16 U.S.C. 1531 et seq.
Dated: December 6, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–31967 Filed 12–12–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 101126590–1705–02]
RIN 0648–XZ59
Endangered and Threatened Species;
Proposed Threatened Status for
Subspecies of the Ringed Seal
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; 6-month
extension of the deadline for a final
listing determination.
AGENCY:
We, NMFS, announce a 6month extension of the deadline for a
final determination regarding the
December 10, 2010, proposed rule to list
four subspecies of the ringed seal
(Phoca hispida) as threatened species
under the Endangered Species Act of
1973, as amended (ESA). We are taking
this action because there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the proposed listing rule. An
additional 6 months will allow us to
solicit additional data, evaluate and
SUMMARY:
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
assess special independent peer review
of the aspects of the status review report
over which there is substantial
disagreement, and better inform our
final determination on the proposed
listing rule.
DATES: We intend to reopen the public
comment period to accept comment on
the special independent peer review
report when it becomes available. We
will soon announce the dates of the new
public comment period in the Federal
Register. The final determination on
this listing action will be made no later
than June 10, 2012.
ADDRESSES: The proposed rule, status
review report, and other materials
relating to this proposal can be found on
the Alaska Region Web site at: https://
alaskafisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT:
Tamara Olson, NMFS Alaska Region,
(907) 271–5006; Kaja Brix, NMFS
Alaska Region, (907) 586–7235; or Marta
Nammack, Office of Protected
Resources, Silver Spring, MD (301) 427–
8469.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 2008, we initiated
status reviews of ringed, bearded
(Erignathus barbatus), and spotted seals
(Phoca largha) under the ESA (73 FR
16617). On May 28, 2008, we received
a petition from the Center for Biological
Diversity to list these three species of
seals as threatened or endangered under
the ESA, primarily due to concerns
about threats to their habitat from
climate warming and loss of sea ice. The
Petitioner also requested that critical
habitat be designated for these species
concurrent with listing under the ESA.
In response to the petition, we
published a 90-day finding that the
petition presented substantial scientific
or commercial information indicating
that the petitioned action may be
warranted (73 FR 51615; September 4,
2008). Accordingly, we proceeded with
the status reviews of ringed, bearded,
and spotted seals and solicited
information pertaining to them.
Following completion of a status
review report and 12-month finding for
spotted seals in October 2009 (74 FR
53683, October 20, 2009; see also, 75 FR
65239; October 22, 2010), we
established Biological Review Teams
(BRT) to prepare status review reports
for ringed and bearded seals. The status
review report of the ringed seal is a
peer-reviewed compilation of the best
scientific and commercial data available
concerning the status of the species,
including the past, present, and future
threats to this species. After the status
E:\FR\FM\13DEP1.SGM
13DEP1
]]>Agencies
[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Proposed Rules]
[Pages 77465-77466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31967]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 101126591-1705-02]
RIN 0648-XZ58
Endangered and Threatened Species; Proposed Threatened Status for
Distinct Population Segments of the Bearded Seal
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; 6-month extension of the deadline for a final
listing determination.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, announce a 6-month extension of the deadline for a
final determination regarding the December 10, 2010, proposed rule to
list two distinct population segments (DPS) of the bearded seal
(Erignathus barbatus) as threatened species under the Endangered
Species Act of 1973, as amended (ESA). We are taking this action
because there is substantial disagreement regarding the sufficiency or
accuracy of the available data relevant to the proposed listing rule.
An additional 6 months will allow us to solicit additional data,
evaluate and assess special independent peer review of those aspects of
the status review report over which there is substantial disagreement,
and better inform our final determination on the proposed listing rule.
DATES: We intend to reopen the public comment period to accept comment
on the special independent peer review report when it becomes
available. We will soon announce the dates of the new public comment
period in the Federal Register. A final determination on this proposed
listing action will be made no later than June 10, 2012.
ADDRESSES: The proposed rule, status review report, and other materials
relating to this proposal can be found on the Alaska Region Web site
at: https://alaskafisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Tamara Olson, NMFS Alaska Region,
(907) 271-5006; Kaja Brix, NMFS Alaska Region, (907) 586-7235; or Marta
Nammack, Office of Protected Resources, Silver Spring, MD (301) 427-
8469.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 2008, we initiated status reviews of bearded, ringed
(Phoca hispida), and spotted seals (Phoca largha) under the ESA (73 FR
16617). On May 28, 2008, we received a petition from the Center for
Biological Diversity to list these three species of seals as threatened
or endangered under the ESA, primarily due to concerns about threats to
their habitat from climate warming and loss of sea ice. The Petitioner
also requested that critical habitat be designated for these species
concurrent with listing under the ESA. In response to the petition, we
published a 90-day finding that the petition presented substantial
scientific or commercial information indicating that the petitioned
action may be warranted (73 FR 51615; September 4, 2008). Accordingly,
we proceeded with the status reviews of bearded, ringed, and spotted
seals and solicited information pertaining to them.
Following completion of a status review report and 12-month finding
for spotted seals in October 2009 (74 FR 53683, October 20, 2009; see
also, 75 FR 65239; October 22, 2010), we established Biological Review
Teams (BRT) to prepare status review reports for bearded and ringed
seals. The status review report of the bearded seal is a peer-reviewed
compilation of the best scientific and commercial data available
concerning the status of the species, including the past, present, and
future threats to this species. After the status review report was
completed by the BRT (Cameron et al., 2010), on December 10, 2010, we
made a 12-month finding and proposed to list the Beringia DPS and the
Okhotsk DPS of the Erignathus barbatus nauticus subspecies of bearded
seals as threatened (75 FR 77496). No listing action was proposed for
the Erignathus barbatus barbatus subspecies. We published our 12-month
finding for ringed seals as a separate notification concurrently with
this finding (75 FR 77476; December 10, 2010).
The proposed rule to list the Beringia and Okhotsk DPSs of bearded
seals announced a 60-day comment period to close on February 8, 2011.
On February 8, 2011, we extended the comment period 45 days to March
25, 2011 (76 FR 6755). Three public hearings were held
[[Page 77466]]
in Alaska in Anchorage, Barrow, and Nome (76 FR 9734, February 22,
2011; 76 FR 14883, March 18, 2011).
In accordance with our July 1, 1994, Interagency Cooperative Policy
on Peer Review (59 FR 34270), we requested the expert opinion of four
independent scientists with expertise in seal biology and/or Arctic sea
ice and climate change regarding the pertinent scientific data and
assumptions concerning the biological and ecological information used
in the proposed rule. The purpose of the review was to ensure that the
best biological and commercial information was used in the decision-
making process, including input of appropriate experts and specialists.
We received comments from three of these reviewers.
There was significant disagreement among the peer reviewers
regarding the magnitude and immediacy of the threat posed to the
Beringia DPS by the projected changes in sea ice habitat. This
disagreement was also evident in public comments received. A number of
commenters disputed the assessment of the threat posed to the Beringia
DPS by the projected habitat changes, including the State of Alaska,
certain Tribal governments and Alaska Native organizations, and
Canada's Department of Fisheries and Oceans. We have considered these
comments, and we find that substantial disagreement exists concerning
the sufficiency or accuracy of the analysis of model projections of
future sea ice cover and related impacts to the Beringia DPS, and the
magnitude and immediacy of the threats posed to this population by the
projected habitat changes.
Extension of Final Listing Determination
The ESA, section 4(b)(6), requires that we take one of three
actions within 1 year of a proposed listing: (1) Finalize the proposed
listing; (2) withdraw the proposed listing; or (3) extend the final
determination by not more than 6 months, if there is substantial
disagreement regarding the sufficiency or accuracy of the available
data relevant to the determination, for the purposes of soliciting
additional data.
In consideration of the disagreement related to the model
projections and analysis of future sea ice habitat in the range of the
Beringia DPS, we are extending the timeline for the final determination
by an additional 6 months (until June 10, 2012) to resolve the
disagreement. We believe that the solicitation of additional data
through special independent peer review of this aspect of the status
review report will better inform our final determination on the
proposed listing rule and will address the disagreement. We are
therefore conducting peer review in accordance with our Policy on Peer
Review, and we will provide an opportunity for the public to comment on
the peer review report. The additional 6 months will allow time for us
to evaluate and assess the special independent peer review comments and
make the peer review report available for comment. We do not anticipate
that this additional time will appreciably impact either of the two
DPSs of bearded seals we proposed to list as threatened.
The reopening of the public comment period will be announced in the
Federal Register when the availability of the peer review report
compiling the special independent review comments is known. At that
time, instructions for obtaining a copy of the peer review report will
also be announced.
Authority: 16 U.S.C. 1531 et seq.
Dated: December 6, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011-31967 Filed 12-12-11; 8:45 am]
BILLING CODE 3510-22-P
