Endangered and Threatened Wildlife and Plants; Technical Correction for Tonkin Snub-Nosed Monkey, 42043-42044 [2017-18866]

Download as PDF Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations Big Lake .......................................... 246A, 252C2, 281C1, 296C3 * 248C2, 253C3 * * * * Westbrook ....................................... * 272A * * * * Cotulla ............................................. * 264A, 289A * * * * Crystal Beach ................................. * 268A * * * * Dalhart ............................................ * 261C2 * * * * Dilley ............................................... * 291A * * * * Encino ............................................. * 250A, 283A * * * * Freer ............................................... * 288A * * * * Goree .............................................. * 277A * * * * Hamlin ............................................. * 283C2 * * * * Knox City ........................................ * 293A, 297A * * * * Marquez .......................................... * 296A * * * * Matador ........................................... * 244C2, 276C3 * * * * Bairoil .............................................. Basin ............................................... Dubois ............................................. * 235C3 299C1 242A * * * * McCamey ........................................ * 233C3, 237C3 298C3 * * * * Lusk ................................................ * 242A * * * * Pine Bluffs ...................................... Wheatland ....................................... * 287A 286A * * * * * UTAH * * * * Paragonah ...................................... * * * * * 258A * VERMONT * * * * Hardwick ......................................... West Rutland .................................. * * * * * 290A 298A * WISCONSIN McLean ........................................... * * * * Menard ............................................ * 265A, 292A * * * * Mullin .............................................. * 224A, 277A * * * * New Holstein .................................. * * * * * 258A * WYOMING * * * * * * * * * * [FR Doc. 2017–18831 Filed 9–5–17; 8:45 am] BILLING CODE 6712–01–P * 282A * * * * Premont .......................................... * 264C3, 287A * * * * Roscoe ............................................ * 228A * * * * San Isidro ....................................... nlaroche on DSKBBV9HB2PROD with RULES * * * * Olney .............................................. * 255A, 278A * * * * Sanger ............................................ * 281C3 * * * * Trinity .............................................. Turkey ............................................. * 251A 221C2, 269A VerDate Sep<11>2014 15:36 Sep 05, 2017 Jkt 241001 We, the U.S. Fish and Wildlife Service, are making a technical correction to remove the endangered Tonkin snub-nosed monkey (Rhinopithecus avunculus) from certain regulations that apply to certain threatened primates. These regulations apply only to threatened species, and Tonkin snub-nosed monkeys were reclassified as an endangered species in 1990. Therefore, the provisions of the regulations for threatened primates do not apply to this species. We are correcting this error in the Code of Federal Regulations. DATES: This action is effective September 6, 2017. ADDRESSES: This final rule and a list of the references cited is available on the Internet at https://www.regulations.gov at Docket No. FWS–HQ–ES–2017–0026. FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of Foreign Species, Ecological Services Program, U.S. Fish and Wildlife Service; MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041–3803; telephone 703–358–2171. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: The purpose of this final rule is to notify the public that we are removing the Tonkin snub-nosed langur from regulations in title 50 of the Code of Federal Regulations (CFR) that pertain to certain primates that are listed as threatened species under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). The List of Endangered and Threatened Wildlife (List) under the Act is found at 50 CFR 17.11(h). The regulations that are the focus of this final rule are found at 50 CFR 17.40(c). We are removing the Tonkin snub-nosed langur (Pygathrix [Rhinopithecus] avunculus) from the list of primates in § 17.40(c)(1). (For reasons explained below in Taxonomy, the Tonkin snubnosed langur (Pygathrix [Rhinopithecus] avunculus) is older nomenclature for the now generally accepted common and scientific names: Tonkin snubnosed monkey (Rhinopithecus avunculus). In this document, we use the currently accepted common name Tonkin snub-nosed monkey.) On January 9, 2016, we received a petition, dated the same day from People for the Ethical Treatment of Animals Foundation (PETA), requesting in part that Tonkin snub-nosed monkey be removed from the regulations at § 17.40(c), which pertain to threatened primates, because this species is listed as an endangered species under the Act at 50 CFR 17.11(h). SUMMARY: * * * * Wellington ....................................... DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–HQ–ES–2017–0026; 4500090024] RIN 1018–BC64 Endangered and Threatened Wildlife and Plants; Technical Correction for Tonkin Snub-Nosed Monkey Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 42043 E:\FR\FM\06SER1.SGM 06SER1 42044 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations Background Regulations such as those at 50 CFR 17.40(c) are promulgated under section 4(d) of the Act and are referred to as ‘‘4(d) rules.’’ These rules apply only to threatened species. Petitions to amend 4(d) rules are petitions under the Administrative Procedure Act (APA; 5 U.S.C. 553(e)) and are considered in accordance with 50 CFR 424.10; 424.14(a), (j), and Departmental regulations at 43 CFR part 14. A final rule published in 1990 reclassified all Tonkin snub-nosed monkeys from threatened to endangered (55 FR 39414, September 27, 1990), so the provisions of the 4(d) rule can no longer be applied to this endangered species. Accordingly, we are publishing this final rule without a prior proposal because this is a noncontroversial action that does not alter the regulatory protections afforded to this species and is a technical correction necessary to bring our regulations into conformity with the Act. Previous Federal Actions In 1976, as part of a decision to list 26 species of primates as threatened or endangered under the Act, the Service proposed to list Tonkin snub-nosed monkeys as a threatened species (41 FR 16466, April 19, 1976) and subsequently finalized the listing (41 FR 45990, October 19, 1976). In the same rulemaking, Tonkin snub-nosed monkeys were included in a new 4(d) rule for threatened primates at 50 CFR 17.40(c). In 1990, all Tonkin snub-nosed monkeys were reclassified from threatened to endangered (55 FR 39414, September 27, 1990). In both the proposed rule and final rule reclassifying the species from threatened to endangered status (55 FR 1486, January 16, 1990; 55 FR 39414, September 27, 1990), the Service indicated through the informational text ‘‘NA’’ (not applicable) in the ‘‘Special rules’’ column of the List at 50 CFR 17.11(h) that there are no 4(d) rules for that particular species. However, we failed to make the corresponding change to 50 CFR 17.40(c) to reflect the fact that the provisions there no longer applied to the now-endangered Tonkin snubnosed monkey. nlaroche on DSKBBV9HB2PROD with RULES Taxonomy The terms monkey and langur are both used interchangeably in the common name for this species. However, the International Union for Conservation of Nature (IUCN) Red List, the Convention on International Trade in Endangered Species of Wild Fauna VerDate Sep<11>2014 15:36 Sep 05, 2017 Jkt 241001 and Flora (CITES), the Integrated Taxonomic Information System (ITIS), and the List at 50 CFR 17.11(h) all use the term ‘‘monkey’’ for this species. The Tonkin snub-nosed monkey is currently listed in § 17.40(c)(1) as ‘‘Tonkin snub-nosed langur (Pygathrix [Rhinopithecus] avunculus).’’ The snubnosed monkeys of the genus Rhinopithecus were formerly listed as a subgenus of Pygathrix, but Rhinopithecus was elevated to the full genus level in 2001(Groves 2001, p. 287). This taxonomic change is now widely accepted in the scientific community, including CITES (CITES 2017, p. 5), ITIS (ITIS 2017, unpaginated), and IUCN Red List (IUCN 2017, unpaginated). Therefore, in this final rule we refer to the species as Tonkin snub-nosed monkey (Rhinopithecus avunculus), which is also how the species is presented in the List at 50 CFR 17.11(h). PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS 1. The authority citation for part 17 continues to read as follows: ■ Authority: 16 U.S.C. 1361–1407; 1531– 1544; and 4201–4245, unless otherwise noted. § 17.40 [Amended] 2. Amend § 17.40(c)(1) by: a. Adding the word ‘‘and’’ before ‘‘purple-faced langur (Presbytis senex)’’; and ■ b. Removing the phrase ‘‘; and Tonkin snub-nosed langur (Pygathrix [Rhinopithecus] avunculus)’’. ■ ■ Dated: August 30, 2017. James W. Kurth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2017–18866 Filed 9–5–17; 8:45 am] BILLING CODE 4333–15–P Administrative Procedure DEPARTMENT OF COMMERCE As explained above, this rulemaking is necessary to bring our regulations into compliance with the Act. Therefore, under these circumstances, we have determined, pursuant to 5 U.S.C. 553(b)(3)(B), that prior notice and opportunity for public comment are impractical and unnecessary. Public opportunity for comment is simply not required when an agency amends a regulation to remove regulatory provisions that are not consistent with law. Such action is ministerial in nature and allows for no discretion on the part of the agency. Thus, public comment could not inform this process in any meaningful way. We have further determined, pursuant to 5 U.S.C. 553(d)(3), that the agency has good cause to make this rule effective upon publication, which is to comply with the Act as soon as practicable. National Oceanic and Atmospheric Administration List of References Cited A list of the references cited in this final rule is provided in Docket No. FWS–HQ–ES–2017–0026 at https:// www.regulations.gov. List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Regulation Promulgation Accordingly, we hereby amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 50 CFR Part 622 [Docket Nos. 090206140–91081–03 and 120405260–4258–02] RIN 0648–XF673 Authorization of Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers in Texas and Portions of Louisiana National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; determination of catastrophic conditions. AGENCY: In accordance with the regulations implementing the individual fishing quota (IFQ) and Federal dealer reporting programs specific to the commercial reef fish and coastal migratory pelagic (CMP) fisheries in the Gulf of Mexico (Gulf), the Regional Administrator, Southeast Region, NMFS (RA) has determined that Hurricane Harvey has caused catastrophic conditions in coastal and adjacent counties in the state of Texas, and Cameron and Vermilion parishes in Louisiana. Consistent with those regulations, the RA has authorized any dealer in the affected area who does not have access to electronic reporting to delay reporting of trip tickets to NOAA Fisheries from September 1, 2017, through October 15, 2017. The RA has SUMMARY: E:\FR\FM\06SER1.SGM 06SER1

Agencies

[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Rules and Regulations]
[Pages 42043-42044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18866]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2017-0026; 4500090024]
RIN 1018-BC64


Endangered and Threatened Wildlife and Plants; Technical 
Correction for Tonkin Snub-Nosed Monkey

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, are making a technical 
correction to remove the endangered Tonkin snub-nosed monkey 
(Rhinopithecus avunculus) from certain regulations that apply to 
certain threatened primates. These regulations apply only to threatened 
species, and Tonkin snub-nosed monkeys were reclassified as an 
endangered species in 1990. Therefore, the provisions of the 
regulations for threatened primates do not apply to this species. We 
are correcting this error in the Code of Federal Regulations.

DATES: This action is effective September 6, 2017.

ADDRESSES: This final rule and a list of the references cited is 
available on the Internet at https://www.regulations.gov at Docket No. 
FWS-HQ-ES-2017-0026.

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of 
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife 
Service; MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; 
telephone 703-358-2171. If you use a telecommunications device for the 
deaf (TDD), call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The purpose of this final rule is to notify 
the public that we are removing the Tonkin snub-nosed langur from 
regulations in title 50 of the Code of Federal Regulations (CFR) that 
pertain to certain primates that are listed as threatened species under 
the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et 
seq.). The List of Endangered and Threatened Wildlife (List) under the 
Act is found at 50 CFR 17.11(h). The regulations that are the focus of 
this final rule are found at 50 CFR 17.40(c). We are removing the 
Tonkin snub-nosed langur (Pygathrix [Rhinopithecus] avunculus) from the 
list of primates in Sec.  17.40(c)(1). (For reasons explained below in 
Taxonomy, the Tonkin snub-nosed langur (Pygathrix [Rhinopithecus] 
avunculus) is older nomenclature for the now generally accepted common 
and scientific names: Tonkin snub-nosed monkey (Rhinopithecus 
avunculus). In this document, we use the currently accepted common name 
Tonkin snub-nosed monkey.)
    On January 9, 2016, we received a petition, dated the same day from 
People for the Ethical Treatment of Animals Foundation (PETA), 
requesting in part that Tonkin snub-nosed monkey be removed from the 
regulations at Sec.  17.40(c), which pertain to threatened primates, 
because this species is listed as an endangered species under the Act 
at 50 CFR 17.11(h).

[[Page 42044]]

Background

    Regulations such as those at 50 CFR 17.40(c) are promulgated under 
section 4(d) of the Act and are referred to as ``4(d) rules.'' These 
rules apply only to threatened species. Petitions to amend 4(d) rules 
are petitions under the Administrative Procedure Act (APA; 5 U.S.C. 
553(e)) and are considered in accordance with 50 CFR 424.10; 424.14(a), 
(j), and Departmental regulations at 43 CFR part 14. A final rule 
published in 1990 reclassified all Tonkin snub-nosed monkeys from 
threatened to endangered (55 FR 39414, September 27, 1990), so the 
provisions of the 4(d) rule can no longer be applied to this endangered 
species.
    Accordingly, we are publishing this final rule without a prior 
proposal because this is a noncontroversial action that does not alter 
the regulatory protections afforded to this species and is a technical 
correction necessary to bring our regulations into conformity with the 
Act.

Previous Federal Actions

    In 1976, as part of a decision to list 26 species of primates as 
threatened or endangered under the Act, the Service proposed to list 
Tonkin snub-nosed monkeys as a threatened species (41 FR 16466, April 
19, 1976) and subsequently finalized the listing (41 FR 45990, October 
19, 1976). In the same rulemaking, Tonkin snub-nosed monkeys were 
included in a new 4(d) rule for threatened primates at 50 CFR 17.40(c).
    In 1990, all Tonkin snub-nosed monkeys were reclassified from 
threatened to endangered (55 FR 39414, September 27, 1990).
    In both the proposed rule and final rule reclassifying the species 
from threatened to endangered status (55 FR 1486, January 16, 1990; 55 
FR 39414, September 27, 1990), the Service indicated through the 
informational text ``NA'' (not applicable) in the ``Special rules'' 
column of the List at 50 CFR 17.11(h) that there are no 4(d) rules for 
that particular species. However, we failed to make the corresponding 
change to 50 CFR 17.40(c) to reflect the fact that the provisions there 
no longer applied to the now-endangered Tonkin snub-nosed monkey.

Taxonomy

    The terms monkey and langur are both used interchangeably in the 
common name for this species. However, the International Union for 
Conservation of Nature (IUCN) Red List, the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES), the 
Integrated Taxonomic Information System (ITIS), and the List at 50 CFR 
17.11(h) all use the term ``monkey'' for this species.
    The Tonkin snub-nosed monkey is currently listed in Sec.  
17.40(c)(1) as ``Tonkin snub-nosed langur (Pygathrix [Rhinopithecus] 
avunculus).'' The snub-nosed monkeys of the genus Rhinopithecus were 
formerly listed as a subgenus of Pygathrix, but Rhinopithecus was 
elevated to the full genus level in 2001(Groves 2001, p. 287). This 
taxonomic change is now widely accepted in the scientific community, 
including CITES (CITES 2017, p. 5), ITIS (ITIS 2017, unpaginated), and 
IUCN Red List (IUCN 2017, unpaginated). Therefore, in this final rule 
we refer to the species as Tonkin snub-nosed monkey (Rhinopithecus 
avunculus), which is also how the species is presented in the List at 
50 CFR 17.11(h).

Administrative Procedure

    As explained above, this rulemaking is necessary to bring our 
regulations into compliance with the Act. Therefore, under these 
circumstances, we have determined, pursuant to 5 U.S.C. 553(b)(3)(B), 
that prior notice and opportunity for public comment are impractical 
and unnecessary. Public opportunity for comment is simply not required 
when an agency amends a regulation to remove regulatory provisions that 
are not consistent with law. Such action is ministerial in nature and 
allows for no discretion on the part of the agency. Thus, public 
comment could not inform this process in any meaningful way. We have 
further determined, pursuant to 5 U.S.C. 553(d)(3), that the agency has 
good cause to make this rule effective upon publication, which is to 
comply with the Act as soon as practicable.

List of References Cited

    A list of the references cited in this final rule is provided in 
Docket No. FWS-HQ-ES-2017-0026 at https://www.regulations.gov.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, we hereby amend part 17, subchapter B of chapter I, 
title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.


Sec.  17.40   [Amended]

0
2. Amend Sec.  17.40(c)(1) by:
0
a. Adding the word ``and'' before ``purple-faced langur (Presbytis 
senex)''; and
0
b. Removing the phrase ``; and Tonkin snub-nosed langur (Pygathrix 
[Rhinopithecus] avunculus)''.

    Dated: August 30, 2017.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-18866 Filed 9-5-17; 8:45 am]
 BILLING CODE 4333-15-P

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