Endangered and Threatened Wildlife and Plants; Threatened Status for the Distinct Population Segment of the North American Wolverine in the Contiguous United States, 65248-65249 [2013-25849]

Download as PDF 65248 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules performance of their contracted duties. All CAAF must meet the minimum medical screening requirements, including theaterspecific medical qualifications as established by the geographic Combatant Commander (as posted to the Geographic Combatant Commander’s Web site or other venue) and have received all required immunizations as specified in the contract. During predeployment processing, the Government will provide, at no cost to the Contractor, any military-specific immunizations and/or medications not available to the general public. All other immunizations must be obtained prior to arrival at the deployment center. CAAF and selected non-CAAF must bring to the operational area a current copy of the Public Health Service Form 791, ‘‘International Certificate of Vaccination.’’ * * * * * (2) * * * (v) Such employees are required to report offenses alleged to have been committed by or against Contractor personnel to appropriate investigative authorities. (vi) Such employees will be provided victim and witness protection and assistance. tkelley on DSK3SPTVN1PROD with PROPOSALS * * * * * (g) Personnel data. (1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system, to enter and maintain the data for all CAAF and, as designated by USD(AT&L) or the Combatant Commander, non-CAAF personnel supporting U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause. (2) The Contractor shall enter the required information about their contractor personnel prior to deployment and shall continue to use the SPOT web-based system at https:// spot.altess.army.mil/privacy.aspx to maintain accurate, up-to-date information throughout the deployment for all Contractor personnel. Changes to status of individual Contractor personnel relating to their intheater arrival date and their duty location, to include closing out the deployment with their proper status (e.g., mission complete, killed, wounded) shall be annotated within the SPOT database in accordance with the timelines established in the SPOT business rules. (h) Contractor personnel. (1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government’s discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause. (2) The Contractor shall identify all personnel who occupy a position that the Contracting Officer has designated as mission essential and ensure the continuity of essential Contractor services during designated operations. (3) The Contractor shall ensure that Contractor personnel follow the guidance at paragraph (e)(2)(v) of this clause and any specific Combatant Commander guidance on reporting offenses alleged to have been VerDate Mar<15>2010 16:47 Oct 30, 2013 Jkt 232001 committed by or against Contractor personnel to appropriate investigative authorities. * * * * * (j) * * * (3) * * * (iv) Comply with applicable Combatant Commander and local commander forceprotection policies. (v) Understand that the inappropriate use of force could subject them to U.S. or hostnation prosecution and civil liability. * * * * * (o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by the DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD Instruction 3020.41, Operational Contractor Support. * * * * * (q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts when subcontractor personnel are supporting U.S. Armed Forces deployed outside the United States in— (1) Contingency operations; (2) Humanitarian assistance operations; (3) Other peace operations; (4) Other military operations or military exercises, when designated by the Combatant Commander; or (5) As directed by the Secretary of Defense. (End of clause) [FR Doc. 2013–25731 Filed 10–30–13; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R6–ES–2012–0107; 4500030113] RIN 1018–AY26 Endangered and Threatened Wildlife and Plants; Threatened Status for the Distinct Population Segment of the North American Wolverine in the Contiguous United States Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period. AGENCY: We, the U.S. Fish and Wildlife Service (Service), are reopening the public comment period on the proposed rule to list the distinct population segment (DPS) of the North American wolverine (Gulo gulo luscus) in the contiguous United States as threatened under the Endangered Species Act of 1973, as amended. The proposed rule was published in the Federal Register on February 4, 2013. We are reopening the comment period SUMMARY: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 to allow the public an additional opportunity to review and comment on the proposed rule, as well as the peer review and public comments that were submitted during the first comment period. Comments already submitted need not be resubmitted, as they will be fully considered in preparation of the final rule, which we intend to issue by February 4, 2014, as required by the Endangered Species Act. DATES: We will accept public comments until December 2, 2013. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on that date. ADDRESSES: Document availability: You may obtain a copy of the proposed rule on the Internet at https:// www.regulations.gov at Docket No. FWS–R6–ES–2012–0107 or at https:// www.fws.gov/mountain-prairie/species/ mammals/wolverine/. All comments received during the first comment period, as well as supporting documentation we used in preparing the proposed rule, can be found at https:// www.regulations.gov in Docket No. FWS–R6–ES–2012–0107. Comments and materials we receive during this reopened comment period will also be available for public inspection on https://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Montana Field Office (see FOR FURTHER INFORMATION CONTACT). Comment submission: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the Search box, enter FWS–R6–ES–2012–0107, which is the docket number for this rulemaking action. You may submit a comment by clicking on ‘‘Comment Now!’’ (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R6–ES–2012– 0107; 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 comments 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 the Information Requested section below for more details). FOR FURTHER INFORMATION CONTACT: Jodi Bush, Field Office Supervisor, U.S. Fish and Wildlife Service, Montana Field Office, 585 Shepard Way, Helena, MT 59601; telephone 406–449–5225; E:\FR\FM\31OCP1.SGM 31OCP1 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS facsimile 406–449–5339. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Background On February 4, 2013, we published in the Federal Register a proposed rule to list the distinct population segment of the North American wolverine (78 FR 7864) under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The proposed rule had a 90-day comment period, which ended May 6, 2013. During the comment period, we received several comments from the public, States, and peer reviewers that questioned our analysis of the best available scientific information that we used in the proposed rule. Specifically, some of the peer reviewers and States disagreed with our determination that wolverines are dependent on persistent late spring snow. Some commenters thought that wolverine distribution was not restricted by access to snow dens and that wolverine distribution and behavior was better explained by other hypotheses, such as the need for cold places to cache food. They also disagreed with our interpretation of the scientific information regarding the likely effects of climate change on wolverines in the future. Our assessment of climate change impacts on wolverines used wolverines’ snow dependence and suitable wolverine habitat and climate change models to predict future impacts of climate change on wolverine habitat suitability. Some of the commenters disagreed with this assessment and suggested that if the model of wolverine habitat that we used was not scientifically supported, then any analysis of climate change impacts to wolverines based on that habitat model may be flawed. Other peer reviewers were supportive of our interpretations of this information and provided analyses to support their views. We are reopening the comment period to seek additional public comment on the proposed rule and on the issues outlined below. To ensure the public has an adequate opportunity to review and comment on the new information submitted to us on the proposed rule, we are reopening the comment period until the date specified above in DATES. We intend to issue a final determination on this rule by February 4, 2014. The information provided by the peerreviewers can be found at our peerreview Web site at https://www.fws.gov/ mountain-prairie/science/peer_ review.cfm and also at the Federal eRulemaking Portal: https:// www.regulations.gov. Individual comments may be read and specific comments may be found using the Search box function at that Web site. Information Requested We will accept written comments and information during this reopened comment period and will consider information and recommendations from all interested parties. If you previously submitted comments or information on the proposed rule, please do not resubmit them. We have incorporated them into the public record, and we will fully consider them in the preparation of our final determination. We intend that any final action resulting from this proposal be based on the best scientific and commercial data available and be as accurate and as effective as possible. We request comments or information from the public, other concerned governmental agencies, Native American tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning: (1) Whether wolverines are dependent on cold and snowy conditions and habitat that closely approximates the area covered by snow until late spring (May 15). a. Whether wolverines are dependent on such habitats defined by persistent spring snow for feeding, breeding, and sheltering. b. Whether the projected impacts of climate change will result in loss of habitat for wolverines. (2) The factors that are the basis for making a listing determination for a species under section 4(a) of the Act, which are: a. The present or threatened destruction, modification, or curtailment of its habitat or range; b. Overutilization for commercial, recreational, scientific, or educational purposes; c. Disease or predation; d. The inadequacy of existing regulatory mechanisms; or e. Other natural or manmade factors affecting its continued existence. (3) Information regarding the threats we identified in the proposed rule, or threats to the species that we may have overlooked in the proposed rule. Threats we identified were: a. Habitat loss due to climate change; b. Regulated trapping of wolverines and trapping of wolverines incidental to trapping for other species; and c. Inbreeding and related genetic and demographic effects of small and isolated populations. VerDate Mar<15>2010 16:47 Oct 30, 2013 Jkt 232001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 65249 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. 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)(1)(A) of the Act directs that determinations as to whether any species is a threatened or endangered species must be made ‘‘solely on the basis of the best scientific and commercial data available.’’ You may submit your comments and materials concerning this proposed rule by one of the methods listed above 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. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: October 23, 2013. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2013–25849 Filed 10–30–13; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 224 [Docket No. 120705210–3872–02] RIN 0648–XC101 Endangered and Threatened Wildlife and Plants; 12-Month Finding and Proposed Endangered Listing of Five Species of Sturgeons Under the Endangered Species Act National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\31OCP1.SGM 31OCP1

Agencies

[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Proposed Rules]
[Pages 65248-65249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25849]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2012-0107; 4500030113]
RIN 1018-AY26


Endangered and Threatened Wildlife and Plants; Threatened Status 
for the Distinct Population Segment of the North American Wolverine in 
the Contiguous United States

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
reopening the public comment period on the proposed rule to list the 
distinct population segment (DPS) of the North American wolverine (Gulo 
gulo luscus) in the contiguous United States as threatened under the 
Endangered Species Act of 1973, as amended. The proposed rule was 
published in the Federal Register on February 4, 2013. We are reopening 
the comment period to allow the public an additional opportunity to 
review and comment on the proposed rule, as well as the peer review and 
public comments that were submitted during the first comment period. 
Comments already submitted need not be resubmitted, as they will be 
fully considered in preparation of the final rule, which we intend to 
issue by February 4, 2014, as required by the Endangered Species Act.

DATES: We will accept public comments until December 2, 2013. Comments 
submitted electronically using the Federal eRulemaking Portal (see 
ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on that 
date.

ADDRESSES: Document availability: You may obtain a copy of the proposed 
rule on the Internet at https://www.regulations.gov at Docket No. FWS-
R6-ES-2012-0107 or at https://www.fws.gov/mountain-prairie/species/mammals/wolverine/. All comments received during the first comment 
period, as well as supporting documentation we used in preparing the 
proposed rule, can be found at https://www.regulations.gov in Docket No. 
FWS-R6-ES-2012-0107. Comments and materials we receive during this 
reopened comment period will also be available for public inspection on 
https://www.regulations.gov, or by appointment, during normal business 
hours, at the U.S. Fish and Wildlife Service, Montana Field Office (see 
FOR FURTHER INFORMATION CONTACT).
    Comment submission: You may submit comments by one of the following 
methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R6-ES-2012-0107, 
which is the docket number for this rulemaking action. You may submit a 
comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R6-ES-2012-0107; 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 comments 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 the Information Requested section below for more details).

FOR FURTHER INFORMATION CONTACT: Jodi Bush, Field Office Supervisor, 
U.S. Fish and Wildlife Service, Montana Field Office, 585 Shepard Way, 
Helena, MT 59601; telephone 406-449-5225;

[[Page 65249]]

facsimile 406-449-5339. If you use a telecommunications device for the 
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    On February 4, 2013, we published in the Federal Register a 
proposed rule to list the distinct population segment of the North 
American wolverine (78 FR 7864) under the Endangered Species Act of 
1973, as amended (Act) (16 U.S.C. 1531 et seq.). The proposed rule had 
a 90-day comment period, which ended May 6, 2013. During the comment 
period, we received several comments from the public, States, and peer 
reviewers that questioned our analysis of the best available scientific 
information that we used in the proposed rule. Specifically, some of 
the peer reviewers and States disagreed with our determination that 
wolverines are dependent on persistent late spring snow.
    Some commenters thought that wolverine distribution was not 
restricted by access to snow dens and that wolverine distribution and 
behavior was better explained by other hypotheses, such as the need for 
cold places to cache food. They also disagreed with our interpretation 
of the scientific information regarding the likely effects of climate 
change on wolverines in the future. Our assessment of climate change 
impacts on wolverines used wolverines' snow dependence and suitable 
wolverine habitat and climate change models to predict future impacts 
of climate change on wolverine habitat suitability. Some of the 
commenters disagreed with this assessment and suggested that if the 
model of wolverine habitat that we used was not scientifically 
supported, then any analysis of climate change impacts to wolverines 
based on that habitat model may be flawed. Other peer reviewers were 
supportive of our interpretations of this information and provided 
analyses to support their views.
    We are reopening the comment period to seek additional public 
comment on the proposed rule and on the issues outlined below. To 
ensure the public has an adequate opportunity to review and comment on 
the new information submitted to us on the proposed rule, we are 
reopening the comment period until the date specified above in DATES. 
We intend to issue a final determination on this rule by February 4, 
2014.
    The information provided by the peer-reviewers can be found at our 
peer-review Web site at https://www.fws.gov/mountain-prairie/science/peer_review.cfm and also at the Federal eRulemaking Portal: https://www.regulations.gov. Individual comments may be read and specific 
comments may be found using the Search box function at that Web site.

Information Requested

    We will accept written comments and information during this 
reopened comment period and will consider information and 
recommendations from all interested parties. If you previously 
submitted comments or information on the proposed rule, please do not 
resubmit them. We have incorporated them into the public record, and we 
will fully consider them in the preparation of our final determination. 
We intend that any final action resulting from this proposal be based 
on the best scientific and commercial data available and be as accurate 
and as effective as possible.
    We request comments or information from the public, other concerned 
governmental agencies, Native American tribes, the scientific 
community, industry, or any other interested parties concerning this 
proposed rule. We particularly seek comments concerning:
    (1) Whether wolverines are dependent on cold and snowy conditions 
and habitat that closely approximates the area covered by snow until 
late spring (May 15).
    a. Whether wolverines are dependent on such habitats defined by 
persistent spring snow for feeding, breeding, and sheltering.
    b. Whether the projected impacts of climate change will result in 
loss of habitat for wolverines.
    (2) The factors that are the basis for making a listing 
determination for a species under section 4(a) of the Act, which are:
    a. The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    b. Overutilization for commercial, recreational, scientific, or 
educational purposes;
    c. Disease or predation;
    d. The inadequacy of existing regulatory mechanisms; or
    e. Other natural or manmade factors affecting its continued 
existence.
    (3) Information regarding the threats we identified in the proposed 
rule, or threats to the species that we may have overlooked in the 
proposed rule. Threats we identified were:
    a. Habitat loss due to climate change;
    b. Regulated trapping of wolverines and trapping of wolverines 
incidental to trapping for other species; and
    c. Inbreeding and related genetic and demographic effects of small 
and isolated populations.
    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. 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)(1)(A) of the Act directs that determinations as to whether 
any species is a threatened or endangered species must be made ``solely 
on the basis of the best scientific and commercial data available.''
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed above 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.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: October 23, 2013.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-25849 Filed 10-30-13; 8:45 am]
BILLING CODE 4310-55-P

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