Endangered and Threatened Wildlife and Plants; Possible Effects of Court Decision on Significant Portion of the Range Analysis for the Northern Distinct Population Segment of the Southern Subspecies of Scarlet Macaw, 66093-66094 [2022-23812]

Download as PDF 66093 Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 21, 2022. Debra Shore, Regional Administrator, Region 5. 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. Amend § 52.770 by: a. In paragraph (c), amend the table by revising the entry for 1–1–3 ‘‘References to the Code of Federal Regulations’’ under Article 1, Rule 1 ‘‘Provisions Applicable Throughout Title 326’’. ■ ■ For the reasons stated in the preamble, 40 CFR part 52 is amended as follows: b. In paragraph (e), amend the table by adding an entry for ‘‘Section 110(a)(2) Infrastructure Requirements for the 2015 Ozone NAAQS’’ after the entry for ‘‘Section 110(a)(2) Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS’’. The revision and addition read as follows: ■ PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS § 52.770 * Identification of plan. * * (c) * * * * * EPA-APPROVED INDIANA REGULATIONS Indiana effective date Indiana citation Subject * 1–1–3 ............. * * References to the Code of Federal Regulations. * * * * * * * * * 6/24/2020 EPA approval date * * 11/2/2022, [INSERT Federal Register CITATION]. * * * Notes * * (e) * * * EPA-APPROVED INDIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY PROVISIONS Indiana date Title * * Section 110(a)(2) Infrastructure Requirements for the 2015 Ozone NAAQS. * * * * 11/2/2018 * * * EPA approval Explanation * 11/2/2022, [INSERT Federal Register CITATION]. * * * All CAA infrastructure elements have been approved except (D)(i)(I) and the visibility portion of (D)(i)(II). * * * * Final rule; notification of additional analysis and request for comments. ACTION: [FR Doc. 2022–23335 Filed 11–1–22; 8:45 am] BILLING CODE 6560–50–P We, the U.S. Fish and Wildlife Service (Service), are seeking public comment on how recent case law on the Service’s significant portion of the range (SPR) policy and the plain language of the Endangered Species Act (Act) may affect our February 26, 2019, final rule designating the northern distinct population segment (DPS) of the southern subspecies of scarlet macaw (Ara macao macao), as a threatened species under the Endangered Species Act of 1973, as amended (Act). SUMMARY: DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–HQ–ES–2022–0134; FF09E21000 FXES1111090FEDR 232] khammond on DSKJM1Z7X2PROD with RULES RIN 1018–BG93 Endangered and Threatened Wildlife and Plants; Possible Effects of Court Decision on Significant Portion of the Range Analysis for the Northern Distinct Population Segment of the Southern Subspecies of Scarlet Macaw AGENCY: Fish and Wildlife Service, Interior. VerDate Sep<11>2014 15:49 Nov 01, 2022 Jkt 259001 We will accept comments received or postmarked on or before December 2, 2022. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. DATES: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 * * 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–HQ–ES–2022–0134, which is the docket number for this rulemaking. Then, click on the Search button. You may submit a comment by clicking on ‘‘Comment.’’ (2) By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS–HQ–ES–2022–0134, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041– 3803. We request that you send comments only by the methods described above. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Request for Public Comments, below, for more information). ADDRESSES: E:\FR\FM\02NOR1.SGM 02NOR1 66094 Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: khammond on DSKJM1Z7X2PROD with RULES Bridget Fahey, Chief, Division of Conservation and Classification, Ecological Services Program, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041– 3803 (telephone 703–358–2171). Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: Background In response to a petition for rulemaking, on July 6, 2012, we published in the Federal Register (77 FR 40222) a proposed rule to list as endangered under the Act (16 U.S.C. 1531 et seq.) the northern subspecies of scarlet macaw (Ara macao cyanoptera) and the northern DPS of the southern subspecies of scarlet macaw (A. m. macao). That document also announced our finding that listing the southern DPS of A. m. macao as endangered or threatened was not warranted. On April 7, 2016, we published in the Federal Register (81 FR 20302) a revised proposed rule that made changes to the July 6, 2012, proposed rule. Changes we proposed in the April 7, 2016, revised proposed rule included, but were not limited to, revising our proposed listing of the northern DPS of A. m. macao from endangered to threatened and proposing to treat the southern DPS of A. m. macao and subspecies crosses (A. m. macao and A. m. cyanoptera) as threatened based on similarity of appearance. The proposed rule also included a proposed section 4(d) rule for the northern DPS of A. m. macao, southern DPS of A. m. macao, and subspecies crosses. On February 26, 2019, we published in the Federal Register (84 FR 6278) a final rule listing the northern subspecies of scarlet macaw (A. m. cyanoptera) as endangered, the northern DPS of the southern subspecies (A. m. macao) as threatened, the southern DPS of the southern subspecies (A. m. macao) and subspecies crosses (A. m. cyanoptera and A. m. macao) as threatened due to similarity of appearance, and finalizing the section 4(d) rule. In Center for Biological Diversity v. Everson, 435 F. Supp. 3d 69 (D.D.C. Jan. 28, 2020) (CBD v. Everson), the Court vacated the provision of the ‘‘Policy on Interpretation of the Phrase ‘Significant Portion of Its Range’ in the ESA’s VerDate Sep<11>2014 15:49 Nov 01, 2022 Jkt 259001 Definitions of Endangered Species and Threatened Species’’ (79 FR 37578; July 1, 2014), issued jointly by the Service and the National Marine Fisheries Service, which provides that if the Services determine that a species is threatened throughout all of its range, the Services will not analyze whether the species is endangered in a significant portion of its range. This Action We are reexamining the SPR analysis for the northern DPS of the southern subspecies of scarlet macaw (A. m. macao). On August 29, 2022, the U.S. District Court for the District of Columbia granted our motion for voluntary remand without vacatur of the threatened finding and section 4(d) rule for the northern DPS of the southern subspecies of scarlet macaw (Friends of Animals v. Williams, No. 1:21–cv– 02081–RC, Doc. 22). As submitted to and approved by the Court, we will reconsider our SPR analysis based on the plain language of the Act and the implications of CBD v. Everson, and submit our findings to the Federal Register by March 28, 2023. If the SPR analysis determines that there are no significant portions of the range for the northern DPS of the southern subspecies of scarlet macaw, the SPR analysis ends the process. If the SPR analysis determines that one or more significant portions of the range exist but do not warrant endangered status, the SPR analysis ends the process. However, if the SPR analysis finds one or more significant portions of the range and finds the northern DPS of the southern subspecies of scarlet macaw should be listed as endangered instead of threatened, we will submit a proposed rule to the Federal Register by March 28, 2024, seeking public comment on the proposed reclassification of the northern DPS of the southern subspecies of scarlet macaw. Throughout this process, the February 26, 2019, final rule (84 FR 6278) remains in effect, including with respect to the threatened listing and section 4(d) rule for the northern DPS of the southern subspecies of scarlet macaw. Request for Public Comments We invite written comments on the manner in which the plain language of the Act and CBD v. Everson decision may affect our February 26, 2019, final rule designating the northern DPS of the southern subspecies of scarlet macaw (A. m. macao) as a threatened species. Specifically, we are interested in public input on whether and how the CBD v. Everson opinion affects the SPR analysis in the threatened determination. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 We request comments from any interested party that pertain to the issues raised in the preceding paragraph only. Public Availability of Comments If you submit a comment via https:// www.regulations.gov, your entire comment—including any personal identifying information—will be posted on the website. If you submit a hardcopy comment that includes personal identifying information, you may request that we withhold this information from public review, but we cannot guarantee that we will be able to do so. We will post all hardcopy comments on https:// www.regulations.gov. Comments and materials we receive will be available for public inspection at https:// www.regulations.gov. Author The primary authors of this announcement are the staff members of the U.S. Fish and Wildlife Service’s Branch of Delisting and Foreign Species. Authority This document is published under the authority of the Endangered Species Act, as amended (16 U.S.C. 1531 et seq.). Martha Williams, Director, U.S. Fish and Wildlife Service. [FR Doc. 2022–23812 Filed 11–1–22; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 21 [Docket No. FWS–HQ–MB–2021–0025; FF09M31000–234–FXMB12320900000] RIN 1018–BF59 Migratory Bird Permits; Administrative Updates Fish and Wildlife Service, Interior. ACTION: Final rule; technical amendment. AGENCY: On January 7, 2022, the U.S. Fish and Wildlife Service (Service) published a final rule to renumber, rename, and rearrange certain subparts and sections in our regulations. In that rule, we incorrectly presented an amendatory instruction, which prevented the complete codification of the regulatory text we set forth for one section of the regulations. In this document, we correctly set forth the SUMMARY: E:\FR\FM\02NOR1.SGM 02NOR1

Agencies

[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66093-66094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23812]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2022-0134; FF09E21000 FXES1111090FEDR 232]
RIN 1018-BG93


Endangered and Threatened Wildlife and Plants; Possible Effects 
of Court Decision on Significant Portion of the Range Analysis for the 
Northern Distinct Population Segment of the Southern Subspecies of 
Scarlet Macaw

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; notification of additional analysis and request for 
comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are seeking 
public comment on how recent case law on the Service's significant 
portion of the range (SPR) policy and the plain language of the 
Endangered Species Act (Act) may affect our February 26, 2019, final 
rule designating the northern distinct population segment (DPS) of the 
southern subspecies of scarlet macaw (Ara macao macao), as a threatened 
species under the Endangered Species Act of 1973, as amended (Act).

DATES: We will accept comments received or postmarked on or before 
December 2, 2022. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. Eastern Time on the closing date.

ADDRESSES: 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-HQ-ES-2022-0134, 
which is the docket number for this rulemaking. Then, click on the 
Search button. You may submit a comment by clicking on ``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-HQ-ES-2022-0134, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Request for Public Comments, below, for more information).

[[Page 66094]]


FOR FURTHER INFORMATION CONTACT: Bridget Fahey, Chief, Division of 
Conservation and Classification, Ecological Services Program, U.S. Fish 
and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 
22041-3803 (telephone 703-358-2171). Individuals in the United States 
who are deaf, deafblind, hard of hearing, or have a speech disability 
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications 
relay services. Individuals outside the United States should use the 
relay services offered within their country to make international calls 
to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Background

    In response to a petition for rulemaking, on July 6, 2012, we 
published in the Federal Register (77 FR 40222) a proposed rule to list 
as endangered under the Act (16 U.S.C. 1531 et seq.) the northern 
subspecies of scarlet macaw (Ara macao cyanoptera) and the northern DPS 
of the southern subspecies of scarlet macaw (A. m. macao). That 
document also announced our finding that listing the southern DPS of A. 
m. macao as endangered or threatened was not warranted.
    On April 7, 2016, we published in the Federal Register (81 FR 
20302) a revised proposed rule that made changes to the July 6, 2012, 
proposed rule. Changes we proposed in the April 7, 2016, revised 
proposed rule included, but were not limited to, revising our proposed 
listing of the northern DPS of A. m. macao from endangered to 
threatened and proposing to treat the southern DPS of A. m. macao and 
subspecies crosses (A. m. macao and A. m. cyanoptera) as threatened 
based on similarity of appearance. The proposed rule also included a 
proposed section 4(d) rule for the northern DPS of A. m. macao, 
southern DPS of A. m. macao, and subspecies crosses.
    On February 26, 2019, we published in the Federal Register (84 FR 
6278) a final rule listing the northern subspecies of scarlet macaw (A. 
m. cyanoptera) as endangered, the northern DPS of the southern 
subspecies (A. m. macao) as threatened, the southern DPS of the 
southern subspecies (A. m. macao) and subspecies crosses (A. m. 
cyanoptera and A. m. macao) as threatened due to similarity of 
appearance, and finalizing the section 4(d) rule.
    In Center for Biological Diversity v. Everson, 435 F. Supp. 3d 69 
(D.D.C. Jan. 28, 2020) (CBD v. Everson), the Court vacated the 
provision of the ``Policy on Interpretation of the Phrase `Significant 
Portion of Its Range' in the ESA's Definitions of Endangered Species 
and Threatened Species'' (79 FR 37578; July 1, 2014), issued jointly by 
the Service and the National Marine Fisheries Service, which provides 
that if the Services determine that a species is threatened throughout 
all of its range, the Services will not analyze whether the species is 
endangered in a significant portion of its range.

This Action

    We are reexamining the SPR analysis for the northern DPS of the 
southern subspecies of scarlet macaw (A. m. macao). On August 29, 2022, 
the U.S. District Court for the District of Columbia granted our motion 
for voluntary remand without vacatur of the threatened finding and 
section 4(d) rule for the northern DPS of the southern subspecies of 
scarlet macaw (Friends of Animals v. Williams, No. 1:21-cv-02081-RC, 
Doc. 22). As submitted to and approved by the Court, we will reconsider 
our SPR analysis based on the plain language of the Act and the 
implications of CBD v. Everson, and submit our findings to the Federal 
Register by March 28, 2023. If the SPR analysis determines that there 
are no significant portions of the range for the northern DPS of the 
southern subspecies of scarlet macaw, the SPR analysis ends the 
process. If the SPR analysis determines that one or more significant 
portions of the range exist but do not warrant endangered status, the 
SPR analysis ends the process. However, if the SPR analysis finds one 
or more significant portions of the range and finds the northern DPS of 
the southern subspecies of scarlet macaw should be listed as endangered 
instead of threatened, we will submit a proposed rule to the Federal 
Register by March 28, 2024, seeking public comment on the proposed 
reclassification of the northern DPS of the southern subspecies of 
scarlet macaw. Throughout this process, the February 26, 2019, final 
rule (84 FR 6278) remains in effect, including with respect to the 
threatened listing and section 4(d) rule for the northern DPS of the 
southern subspecies of scarlet macaw.

Request for Public Comments

    We invite written comments on the manner in which the plain 
language of the Act and CBD v. Everson decision may affect our February 
26, 2019, final rule designating the northern DPS of the southern 
subspecies of scarlet macaw (A. m. macao) as a threatened species. 
Specifically, we are interested in public input on whether and how the 
CBD v. Everson opinion affects the SPR analysis in the threatened 
determination.
    We request comments from any interested party that pertain to the 
issues raised in the preceding paragraph only.

Public Availability of Comments

    If you submit a comment via https://www.regulations.gov, your 
entire comment--including any personal identifying information--will be 
posted on the website. If you submit a hardcopy comment that includes 
personal identifying information, you may request that we withhold this 
information from public review, but we cannot guarantee that we will be 
able to do so. We will post all hardcopy comments on https://www.regulations.gov. Comments and materials we receive will be 
available for public inspection at https://www.regulations.gov.

Author

    The primary authors of this announcement are the staff members of 
the U.S. Fish and Wildlife Service's Branch of Delisting and Foreign 
Species.

Authority

    This document is published under the authority of the Endangered 
Species Act, as amended (16 U.S.C. 1531 et seq.).

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-23812 Filed 11-1-22; 8:45 am]
BILLING CODE 4333-15-P

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