Endangered and Threatened Wildlife and Plants; Taxonomical Update for Orangutan, 2085-2087 [2018-00610]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
Lifeline subscribers the resulting
amount.
*
*
*
*
*
■ 3. Amend § 54.410 by revising
paragraphs (b)(2)(ii), (c)(2)(ii), and (e) to
read as follows:
§ 54.410 Subscriber eligibility
determination and certification.
*
*
*
*
*
(b) * * *
(2) * * *
(ii) If a state Lifeline administrator or
other state agency is responsible for the
initial determination of a subscriber’s
eligibility, a copy of the subscriber’s
certification that complies with the
requirements set forth in paragraph (d)
of this section.
*
*
*
*
*
(c) * * *
(2) * * *
(ii) If a state Lifeline administrator or
other state agency is responsible for the
initial determination of a subscriber’s
eligibility, a copy of the subscriber’s
certification that complies with the
requirements set forth in paragraph (d)
of this section.
*
*
*
*
*
(e) State Lifeline administrators or
other state agencies that are responsible
for the initial determination of a
subscriber’s eligibility for Lifeline must
provide each eligible
telecommunications carrier with a copy
of each of the certification forms
collected by the state Lifeline
administrator or other state agency for
that carrier’s subscribers.
*
*
*
*
*
§ 54.411
■
■
§ 54.413
daltland on DSKBBV9HB2PROD with RULES
[Removed and Reserved]
4. Remove and reserve § 54.411.
5. Revise § 54.413 to read as follows:
Link Up for rural Tribal lands.
(a) For purposes of this subpart, the
term ‘‘Tribal Link Up’’ means an
assistance program for eligible residents
of Tribal lands, if the subscriber’s
location is rural, as defined in
§ 54.505(b)(3)(i) and (ii), seeking
telecommunications service from a
telecommunications carrier that is
receiving high-cost support on rural
Tribal lands, pursuant to subpart D of
this part, that provides:
(1) A 100 percent reduction, up to
$100, of the customary charge for
commencing telecommunications
service for a single telecommunications
connection at a subscriber’s principal
place of residence imposed by an
eligible telecommunications carrier that
is also receiving high-cost support on
rural Tribal lands, pursuant to subpart
D of this part. For purposes of this
VerDate Sep<11>2014
16:55 Jan 12, 2018
Jkt 244001
subpart, a ‘‘customary charge for
commencing telecommunications
service’’ is the ordinary charge an
eligible telecommunications carrier
imposes and collects from all
subscribers to initiate service with that
eligible telecommunications carrier. A
charge imposed only on qualifying lowincome consumers to initiate service is
not a customary charge for commencing
telecommunications service. Activation
charges routinely waived, reduced, or
eliminated with the purchase of
additional products, services, or
minutes are not customary charges
eligible for universal service support;
and
(2) A deferred schedule of payments
of the customary charge for commencing
telecommunications service for a single
telecommunications connection at a
subscriber’s principal place of residence
imposed by an eligible
telecommunications carrier that is also
receiving high-cost support on rural
Tribal lands, pursuant to subpart D of
this part, for which the eligible resident
of rural Tribal lands does not pay
interest. The interest charges not
assessed to the eligible resident of rural
Tribal lands shall be for a customary
charge for connecting the
telecommunications service of up to
$200 and such interest charges shall be
deferred for a period not to exceed one
year.
(b) An eligible resident of rural Tribal
lands may receive the benefit of the
Tribal Link Up program for a second or
subsequent time only for otherwise
qualifying commencement of
telecommunications service at a
principal place of residence with an
address different from the address for
which Tribal Link Up assistance was
provided previously.
■ 5. Amend § 54.414 by revising
paragraph (b) to read as follows:
§ 54.414
Up.
Reimbursement for Tribal Link
*
*
*
*
*
(b) In order to receive universal
support reimbursement for providing
Tribal Link Up, eligible
telecommunications carriers must use
the maps made available by the
Administrator to determine an eligible
resident of rural Tribal lands’ initial
eligibility for Tribal Link Up. Eligible
telecommunications carriers must
obtain a certification form from each
eligible resident of Tribal lands that
complies with § 54.410 prior to
enrolling him or her in Tribal Link Up.
*
*
*
*
*
[FR Doc. 2018–00152 Filed 1–12–18; 8:45 am]
BILLING CODE 6712–01–P
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
2085
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2017–0081;
4500090024]
RIN 1018–BC54
Endangered and Threatened Wildlife
and Plants; Taxonomical Update for
Orangutan
Fish and Wildlife Service,
Interior.
ACTION: Direct final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
revised taxonomy of the orangutan
under the Endangered Species Act of
1973, as amended (Act). When we listed
the orangutan in 1970, the listed entity
included all orangutans in the genus
Pongo. At that time, the scientific
community recognized one species
(Pongo pygmaeus) in the genus Pongo,
which consisted of two subspecies (P.
pygmaeus pygmaeus and P. p. abelii).
However, the orangutan has recently
been reclassified as belonging to two
distinct species: P. pygmaeus and P.
abelii. Therefore, we are revising the
List of Endangered and Threatened
Wildlife to reflect the current
scientifically accepted taxonomy and
nomenclature of the orangutan. Because
all orangutans in the genus Pongo are
already included under the original
listing of Pongo pygmaeus as
endangered under the Act, the newly
recognized taxonomic species is
considered part of the original listed
entity, and this technical correction
does not alter the regulatory protections
afforded to the orangutan. For the same
reason, if other Pongo species emerge
due to future taxonomic revisions to
further subdivide the genus Pongo, they
would be encompassed by the original
listing and this technical correction.
DATES: This rule is effective April 16,
2018 without further action, unless we
receive significant scientific information
that provides strong justifications as to
why this rule should not be adopted or
why it should be changed on or before
February 15, 2018. If we receive
significant scientific information
regarding this taxonomic change for the
orangutan, we will publish a timely
withdrawal of this rule in the Federal
Register.
ADDRESSES: You may submit comments
by one of the following methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
SUMMARY:
E:\FR\FM\16JAR1.SGM
16JAR1
2086
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
enter FWS–HQ–ES–2017–0081, which
is the docket number for this
rulemaking. Then, click on the Search
button. On the resulting page, you may
submit a comment by clicking on
‘‘Comment Now!’’
• By hard copy: Submit comments by
U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS–HQ–
ES–2017–0081; Division of Policy,
Performance, and Management
Programs; U.S. Fish and Wildlife
Service; 5275 Leesburg Pike, MS: BPHC;
Falls Church, VA 22041–3803.
See Public Comments, below, for
more information about submitting
comments.
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:
daltland on DSKBBV9HB2PROD with RULES
Public Comments
You may submit your comments and
materials regarding this direct final rule
by one of the methods listed in
ADDRESSES. Please include sufficient
information with your comments to
allow us to verify any scientific or
commercial information you include.
We will not consider comments sent by
email or fax, or to an address not listed
in ADDRESSES.
We will post all comments on https://
www.regulations.gov. Before including
your address, phone number, email
address, or other personal information
in your comment, you should be aware
that your entire comment—including
your personal identifying information—
may be made publicly available at any
time. While you can ask us in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this direct final rule,
will be available for public inspection
on the internet at https://
www.regulations.gov. Please note that
comments posted to https://
www.regulations.gov are not
immediately viewable. When you
submit a comment, the system receives
it immediately. However, the comment
will not be publicly viewable until we
post it, which might not occur until
several days after the submission.
Information regarding this rule is
16:55 Jan 12, 2018
Jkt 244001
Previous Federal Actions
In a final rule published in the
Federal Register on June 2, 1970 (35 FR
8491), we listed the orangutan (Pongo
pygmaeus) under the Act’s precursor,
the Endangered Species Conservation
Act of 1969 (Pub. L. 91–135), as an
endangered species, and since then, the
species has remained listed as an
endangered species under the Act (16
U.S.C. 1531 et seq.).
This Rule
Background
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
available in alternative formats upon
request (see FOR FURTHER INFORMATION
CONTACT).
We are directed by title 50 of the Code
of Federal Regulations (CFR) at
§§ 17.11(c) and 17.12(b) (50 CFR
17.11(c) and 17.12(b)) to use the most
recently accepted scientific name of any
wildlife or plant species, respectively,
that we have determined to be an
endangered or threatened species.
Taxonomy
Orangutans were historically
classified as one species with two
subspecies, Pongo pygmaeus pygmaeus
and P. p. abelii. In accordance with
taxonomic classifications at the time, we
listed the orangutan in 1970,
recognizing one species of orangutan
(Pongo pygmaeus) as the listed entity
occurring in Indonesia, Malaysia, and
Brunei (35 FR 8491; June 2, 1970).
However, the orangutan, currently only
found in northern Sumatra (Indonesia)
and Borneo (Indonesia and Malaysia),
has recently been reclassified as
belonging to two distinct species: P.
pygmaeus, which occurs in Borneo
(Malaysia and Indonesia), and P. abelii,
which occurs in northern Sumatra
(Indonesia) (Groves, in WWF Orangutan
Action Plan, 1999, p. 27; Singleton et al.
2016, p. 3; Singleton et al. 2004, p. 181;
Xu and Arnason 1996, p. 435; BrandonJones et al. 2004, pp. 153–155; Zhang et
al. 2001, pp. 522–525). Additionally,
orangutans in Borneo (P. pygmaeus) are
now recognized to contain three
subspecies (P. pygmaeus pygmaeus, P.
p. wurmbii, and P. p. morio) (BrandonJones et al. 2004, pp. 181, 193).
While some scientists question the
data and effectiveness of elevating
Sumatran and Bornean orangutans to
full species (Muir 1998, p. 378; Muir et
al. 2000, pp. 476–479), species-level
classification was advocated jointly in
April 2000, by Conservation
International, the International Union
for the Conservation of Nature Species
Survival Commission’s Primate
Specialist Group, and the Center for
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
Environmental Research and
Conservation (Orangutan Species
Survival Plan 2015). The newer
classification recognizing two distinct
species is widely accepted today by
most experts based on genetic and
morphological data (Singleton et al.
2016, p. 3; Ancrenaz et al. 2016, p. 3).
The entity that resides closest to
Brunei is a subspecies of P. pygmaeus.
Individual orangutans in Brunei are
described as transient, and no
permanent populations have been
reported there (World Atlas of Great
Apes and Their Conservation 2005, p.
427; Orangutan Foundation
International 2017, no pagination).
Taxonomic Corrections Made in This
Rule
All orangutan populations are
encompassed by the previous listed
entity, Pongo pygmaeus. Using the best
available scientific information, this
direct final rule documents the
reclassification of the orangutan as two
distinct species, Pongo pygmaeus and
Pongo abelii, on the List of Endangered
and Threatened Wildlife (50 CFR
17.11(h)). This change is supported by
published studies in peer-reviewed
journals, and it does not affect the range
or endangered status of the orangutan. If
other Pongo species emerge due to
future taxonomic revisions to further
subdivide the genus Pongo, they would
be encompassed by the original listing
and this technical correction.
Use of Direct Final Rule
The purpose of this direct final rule
is to notify the public that we are
revising the List of Endangered and
Threatened Wildlife at 50 CFR 17.11(h)
to reflect the scientifically accepted
taxonomy and nomenclature of the
orangutan. In accordance with 50 CFR
17.11(c), we are revising the taxonomy
of the orangutan to reflect the
reclassification of the previously listed
entity into two distinct species,
acknowledging both Pongo pygmaeus
and P. abelii as endangered species
under the Act.
We are publishing this final rule
without a prior proposal because this is
a technical action that is in the best
interest of the public and should be
undertaken in as timely a manner as
possible. It does not alter the regulatory
protections afforded to the orangutan
but is a taxonomic revision necessary to
acknowledge that both Pongo pygmaeus
and Pongo abelii retain endangered
status under the Act.
This rule will be effective, as
published in this document, on the
effective date specified in DATES, unless
we receive significant scientific
E:\FR\FM\16JAR1.SGM
16JAR1
2087
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
information that provides strong
justifications as to why this rule should
not be adopted or why it should be
changed on or before the comment due
date specified in DATES.
If we receive comments containing
significant scientific information that
provides strong justifications as to why
this rule should not be adopted or why
it should be changed regarding the
taxonomic change for the orangutan, we
will publish a document in the Federal
Register withdrawing this rule before
the effective date. If the rule is
withdrawn, we may publish a proposed
rule to initiate promulgation of this
taxonomic revision or we may end the
rulemaking process.
Required Determinations
National Environmental Policy Act
We have determined that
environmental assessments and
environmental impact statements, as
defined under the authority of the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), need not
be prepared in connection with
regulations issued pursuant to section
4(a) of the Act. We published a notice
outlining our reasons for this
Common name
determination in the Federal Register
on October 25, 1983 (43 FR 49244).
List of Subjects in 50 CFR Part 17
Clarity of the Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
help us to revise this rule, your
comments should be as specific as
possible.
List of References Cited
A list of the references cited in this
direct final rule is provided in Docket
No. FWS–HQ–ES–2017–0081 at https://
www.regulations.gov.
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
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.
2. Amend § 17.11(h) by adding an
entry for ‘‘Orangutan’’ [Pongo abelii] in
alphabetical order by common and
scientific name and revising the entry
for ‘‘Orangutan’’ [Pongo pygmaeus]
under MAMMALS to read as follows:
■
§ 17.11 Endangered and threatened
wildlife.
*
*
*
(h) * * *
Scientific name
Where listed
Status
*
*
Orangutan ................................
*
Pongo abelii ...........................
*
*
Wherever found ......................
E
Orangutan ................................
Pongo pygmaeus ...................
Wherever found ......................
E
*
*
Listing citations and applicable rules
MAMMALS
*
*
*
*
*
*
35 FR 8491, 6/2/1970; 83 FR [Insert
Federal Register page where the
document begins], 1/16/2018.
35 FR 8491, 6/2/1970; 83 FR [Insert
Federal Register page where the
document begins], 1/16/2018.
*
*
Dated: December 13, 2017.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife
Service, exercising the authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018–00610 Filed 1–12–18; 8:45 am]
daltland on DSKBBV9HB2PROD with RULES
BILLING CODE 4333–15–P
VerDate Sep<11>2014
16:55 Jan 12, 2018
Jkt 244001
PO 00000
Frm 00059
Fmt 4700
Sfmt 9990
E:\FR\FM\16JAR1.SGM
16JAR1
*
]]>Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2085-2087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00610]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2017-0081; 4500090024]
RIN 1018-BC54
Endangered and Threatened Wildlife and Plants; Taxonomical Update
for Orangutan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
revised taxonomy of the orangutan under the Endangered Species Act of
1973, as amended (Act). When we listed the orangutan in 1970, the
listed entity included all orangutans in the genus Pongo. At that time,
the scientific community recognized one species (Pongo pygmaeus) in the
genus Pongo, which consisted of two subspecies (P. pygmaeus pygmaeus
and P. p. abelii). However, the orangutan has recently been
reclassified as belonging to two distinct species: P. pygmaeus and P.
abelii. Therefore, we are revising the List of Endangered and
Threatened Wildlife to reflect the current scientifically accepted
taxonomy and nomenclature of the orangutan. Because all orangutans in
the genus Pongo are already included under the original listing of
Pongo pygmaeus as endangered under the Act, the newly recognized
taxonomic species is considered part of the original listed entity, and
this technical correction does not alter the regulatory protections
afforded to the orangutan. For the same reason, if other Pongo species
emerge due to future taxonomic revisions to further subdivide the genus
Pongo, they would be encompassed by the original listing and this
technical correction.
DATES: This rule is effective April 16, 2018 without further action,
unless we receive significant scientific information that provides
strong justifications as to why this rule should not be adopted or why
it should be changed on or before February 15, 2018. If we receive
significant scientific information regarding this taxonomic change for
the orangutan, we will publish a timely withdrawal of this rule in the
Federal Register.
ADDRESSES: You may submit comments by one of the following methods:
Electronically: Go to the Federal eRulemaking Portal:
https://www.regulations.gov. In the Search box,
[[Page 2086]]
enter FWS-HQ-ES-2017-0081, which is the docket number for this
rulemaking. Then, click on the Search button. On the resulting page,
you may submit a comment by clicking on ``Comment Now!''
By hard copy: Submit comments by U.S. mail or hand-
delivery to: Public Comments Processing, Attn: FWS-HQ-ES-2017-0081;
Division of Policy, Performance, and Management Programs; U.S. Fish and
Wildlife Service; 5275 Leesburg Pike, MS: BPHC; Falls Church, VA 22041-
3803.
See Public Comments, below, for more information about submitting
comments.
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:
Public Comments
You may submit your comments and materials regarding this direct
final rule by one of the methods listed in ADDRESSES. Please include
sufficient information with your comments to allow us to verify any
scientific or commercial information you include. We will not consider
comments sent by email or fax, or to an address not listed in
ADDRESSES.
We will post all comments on https://www.regulations.gov. Before
including your address, phone number, email address, or other personal
information in your comment, you should be aware that your entire
comment--including your personal identifying information--may be made
publicly available at any time. While you can ask us in your comment to
withhold your personal identifying information from public review, we
cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this direct final rule, will be
available for public inspection on the internet at https://www.regulations.gov. Please note that comments posted to https://www.regulations.gov are not immediately viewable. When you submit a
comment, the system receives it immediately. However, the comment will
not be publicly viewable until we post it, which might not occur until
several days after the submission. Information regarding this rule is
available in alternative formats upon request (see FOR FURTHER
INFORMATION CONTACT).
Previous Federal Actions
In a final rule published in the Federal Register on June 2, 1970
(35 FR 8491), we listed the orangutan (Pongo pygmaeus) under the Act's
precursor, the Endangered Species Conservation Act of 1969 (Pub. L. 91-
135), as an endangered species, and since then, the species has
remained listed as an endangered species under the Act (16 U.S.C. 1531
et seq.).
This Rule
Background
We are directed by title 50 of the Code of Federal Regulations
(CFR) at Sec. Sec. 17.11(c) and 17.12(b) (50 CFR 17.11(c) and
17.12(b)) to use the most recently accepted scientific name of any
wildlife or plant species, respectively, that we have determined to be
an endangered or threatened species.
Taxonomy
Orangutans were historically classified as one species with two
subspecies, Pongo pygmaeus pygmaeus and P. p. abelii. In accordance
with taxonomic classifications at the time, we listed the orangutan in
1970, recognizing one species of orangutan (Pongo pygmaeus) as the
listed entity occurring in Indonesia, Malaysia, and Brunei (35 FR 8491;
June 2, 1970). However, the orangutan, currently only found in northern
Sumatra (Indonesia) and Borneo (Indonesia and Malaysia), has recently
been reclassified as belonging to two distinct species: P. pygmaeus,
which occurs in Borneo (Malaysia and Indonesia), and P. abelii, which
occurs in northern Sumatra (Indonesia) (Groves, in WWF Orangutan Action
Plan, 1999, p. 27; Singleton et al. 2016, p. 3; Singleton et al. 2004,
p. 181; Xu and Arnason 1996, p. 435; Brandon-Jones et al. 2004, pp.
153-155; Zhang et al. 2001, pp. 522-525). Additionally, orangutans in
Borneo (P. pygmaeus) are now recognized to contain three subspecies (P.
pygmaeus pygmaeus, P. p. wurmbii, and P. p. morio) (Brandon-Jones et
al. 2004, pp. 181, 193).
While some scientists question the data and effectiveness of
elevating Sumatran and Bornean orangutans to full species (Muir 1998,
p. 378; Muir et al. 2000, pp. 476-479), species-level classification
was advocated jointly in April 2000, by Conservation International, the
International Union for the Conservation of Nature Species Survival
Commission's Primate Specialist Group, and the Center for Environmental
Research and Conservation (Orangutan Species Survival Plan 2015). The
newer classification recognizing two distinct species is widely
accepted today by most experts based on genetic and morphological data
(Singleton et al. 2016, p. 3; Ancrenaz et al. 2016, p. 3).
The entity that resides closest to Brunei is a subspecies of P.
pygmaeus. Individual orangutans in Brunei are described as transient,
and no permanent populations have been reported there (World Atlas of
Great Apes and Their Conservation 2005, p. 427; Orangutan Foundation
International 2017, no pagination).
Taxonomic Corrections Made in This Rule
All orangutan populations are encompassed by the previous listed
entity, Pongo pygmaeus. Using the best available scientific
information, this direct final rule documents the reclassification of
the orangutan as two distinct species, Pongo pygmaeus and Pongo abelii,
on the List of Endangered and Threatened Wildlife (50 CFR 17.11(h)).
This change is supported by published studies in peer-reviewed
journals, and it does not affect the range or endangered status of the
orangutan. If other Pongo species emerge due to future taxonomic
revisions to further subdivide the genus Pongo, they would be
encompassed by the original listing and this technical correction.
Use of Direct Final Rule
The purpose of this direct final rule is to notify the public that
we are revising the List of Endangered and Threatened Wildlife at 50
CFR 17.11(h) to reflect the scientifically accepted taxonomy and
nomenclature of the orangutan. In accordance with 50 CFR 17.11(c), we
are revising the taxonomy of the orangutan to reflect the
reclassification of the previously listed entity into two distinct
species, acknowledging both Pongo pygmaeus and P. abelii as endangered
species under the Act.
We are publishing this final rule without a prior proposal because
this is a technical action that is in the best interest of the public
and should be undertaken in as timely a manner as possible. It does not
alter the regulatory protections afforded to the orangutan but is a
taxonomic revision necessary to acknowledge that both Pongo pygmaeus
and Pongo abelii retain endangered status under the Act.
This rule will be effective, as published in this document, on the
effective date specified in DATES, unless we receive significant
scientific
[[Page 2087]]
information that provides strong justifications as to why this rule
should not be adopted or why it should be changed on or before the
comment due date specified in DATES.
If we receive comments containing significant scientific
information that provides strong justifications as to why this rule
should not be adopted or why it should be changed regarding the
taxonomic change for the orangutan, we will publish a document in the
Federal Register withdrawing this rule before the effective date. If
the rule is withdrawn, we may publish a proposed rule to initiate
promulgation of this taxonomic revision or we may end the rulemaking
process.
Required Determinations
National Environmental Policy Act
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), need not be
prepared in connection with regulations issued pursuant to section 4(a)
of the Act. We published a notice outlining our reasons for this
determination in the Federal Register on October 25, 1983 (43 FR
49244).
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To help us to
revise this rule, your comments should be as specific as possible.
List of References Cited
A list of the references cited in this direct final rule is
provided in Docket No. FWS-HQ-ES-2017-0081 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.
0
2. Amend Sec. 17.11(h) by adding an entry for ``Orangutan'' [Pongo
abelii] in alphabetical order by common and scientific name and
revising the entry for ``Orangutan'' [Pongo pygmaeus] under MAMMALS to
read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations
Common name Scientific name Where listed Status and applicable rules
----------------------------------------------------------------------------------------------------------------
MAMMALS
* * * * * * *
Orangutan......................... Pongo abelii......... Wherever found....... E 35 FR 8491, 6/2/
1970; 83 FR [Insert
Federal Register
page where the
document begins], 1/
16/2018.
Orangutan......................... Pongo pygmaeus....... Wherever found....... E 35 FR 8491, 6/2/
1970; 83 FR [Insert
Federal Register
page where the
document begins], 1/
16/2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: December 13, 2017.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, exercising the
authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-00610 Filed 1-12-18; 8:45 am]
BILLING CODE 4333-15-P
