Endangered and Threatened Wildlife and Plants; Significant Portion of the Range for the Northern Distinct Population Segment of the Southern Subspecies of Scarlet Macaw, 104950-104952 [2024-30381]
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Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. Executive Order
14096 (Revitalizing Our Nation’s
Commitment to Environmental Justice
for All, 88 FR 25251, April 26, 2023)
builds on and supplements E.O. 12898
and defines EJ as, among other things,
the just treatment and meaningful
involvement of all people, regardless of
income, race, color, national origin, or
Tribal affiliation, or disability in agency
decision-making and other Federal
activities that affect human health and
the environment.
The New York State Department of
Environmental Conservation did not
evaluate EJ considerations as part of its
SIP submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA performed an EJ analysis, as is
described earlier in the section titled,
‘‘EJ Considerations.’’ The analysis was
done for the purpose of providing
additional context and information
about this rulemaking to the public, not
as a basis of the action. In addition,
there is no information in the record
upon which this decision is based
inconsistent with the stated goal of E.O.
12898/14096 of achieving EJ for
communities with EJ concerns.
List of Subjects 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2024–30582 Filed 12–23–24; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2022–0134;
FXES1111090FEDR–256–FF09E21000]
RIN 1018–BG93
Endangered and Threatened Wildlife
and Plants; Significant Portion of the
Range for the Northern Distinct
Population Segment of the Southern
Subspecies of Scarlet Macaw
Fish and Wildlife Service,
Interior.
ACTION: Prior analysis and
determination; opening of comment
period.
AGENCY:
We, the U.S. Fish and
Wildlife Service, are opening a public
comment period on a 2023 analysis
regarding the significant portion of the
range for the northern distinct
population segment of the southern
subspecies of the scarlet macaw (Ara
macao macao). The analysis was
conducted as part of a listing
determination under the Endangered
Species Act for the distinct population
segment. Previously submitted
comments related to the analysis need
not be resubmitted, as they are already
incorporated into the public record and
will be fully considered.
DATES: We will accept comments
received or postmarked on or before
January 27, 2025. 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 documents
related to the analysis and listing
determination. 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 Public
Comments, below, for more
information).
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Rachel London, Manager, Branch of
Delisting and 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).
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
On February 26, 2019, we, the U.S.
Fish and Wildlife Service (Service),
published in the Federal Register a final
rule under the Endangered Species Act
of 1973, as amended (Act; 16 U.S.C.
1531 et seq.) (84 FR 6278; hereafter
referred to as ‘‘the 2019 rule’’). The 2019
rule was the outcome of a rulemaking
proceeding that began with a proposed
rule (77 FR 40222, July 6, 2012) and a
revised proposed rule (81 FR 20302,
April 7, 2016).
The 2019 rule revised the List of
Endangered and Threatened Wildlife in
title 50 of the Code of Federal
Regulations (at 50 CFR 17.11(h)) to add
the northern subspecies of scarlet
macaw (A. m. cyanoptera) as an
endangered species, the northern
distinct population segment (DPS) of the
southern subspecies (A. m. macao) as a
threatened species, and the southern
DPS of the southern subspecies (A. m.
macao) and subspecies crosses (A. m.
cyanoptera and A. m. macao) as
threatened species due to similarity of
appearance. The 2019 rule also added
protective regulations to 50 CFR 17.41
pursuant to section 4(d) of the Act for
the northern and southern DPSs of the
southern subspecies and for subspecies
crosses (hereafter, ‘‘the 4(d) rule’’). For
a more thorough discussion of the
taxonomy, life history, distribution, and
the determination of listing status for
scarlet macaws under the Act, please
refer to the Species Information section
in the 2019 rule.
In the 2019 rule, we determined that
the northern DPS of the southern
subspecies of scarlet macaw meets the
definition of a threatened species
because it was likely to become in
danger of extinction within the
foreseeable future throughout all of its
range. At that time, we followed our
Final Policy on Interpretation of the
Phrase ‘‘Significant Portion of Its
Range’’ in the Endangered Species Act’s
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Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules
Definitions of ‘‘Endangered Species’’
and ‘‘Threatened Species’’ (Final Policy;
79 FR 37578, July 1, 2014), which
provided that if the Service determined
that a species was threatened
throughout all of its range, the Service
would not analyze whether the species
was endangered in a significant portion
of its range. Therefore, we did not
conduct an evaluation of whether the
northern DPS of the southern subspecies
(A. m. macao) should be listed as an
endangered species due to its status in
a significant portion of its range (SPR).
After the 2019 rule was published, the
portion of the Final Policy that we had
relied upon in the 2019 rule was
vacated in Center for Biological
Diversity v. Everson, 435 F. Supp. 3d 69
(D.D.C. Jan. 28, 2020) (Everson).
Therefore, we sought a voluntary
remand of the 2019 rule and the 4(d)
rule in an ongoing lawsuit that
challenged both rules (Friends of
Animals v. Williams (No. 1:21–cv–
02081–RC, Doc. 22) (Friends of
Animals)). On August 29, 2022, the U.S.
District Court for the District of
Columbia (Court) 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.
In response to the Court’s decision,
we published a document in the Federal
Register stating that we were
reexamining our 2019 SPR analysis and
reconsidering it based on the plain
language of the Act and the implications
of Everson (87 FR 66093, November 2,
2022). In that document (hereafter, ‘‘the
2022 reconsideration’’), we sought
public comment on how the decision in
Everson and the Act’s plain language
may affect the 2019 rule. Specifically,
we were interested in public input on
whether and how the Everson opinion
affects the SPR analysis in the
threatened determination.
Taking into consideration all public
comments received on the 2022
reconsideration and based on our
additional analysis, on April 3, 2023, we
published a new SPR analysis and final
threatened species determination for the
northern DPS of the southern subspecies
of scarlet macaw (88 FR 19549;
hereafter, ‘‘the 2023 SPR analysis’’).
In the 2023 SPR analysis, we assessed
four portions of the northern DPS of the
southern subspecies of scarlet macaw:
the Pacific slope of Costa Rica,
mainland Panama, Colombia west of the
Andes, and Panama and Colombia
combined. We concluded that none of
the portions in the northern DPS are
both in danger of extinction and
significant. Having completed the SPR
analysis for the northern DPS and
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having determined that the northern
DPS is not in danger of extinction in any
significant portion of its range, we did
not propose to revise the current status
of the southern subspecies of scarlet
macaw in the northern DPS. Therefore,
we affirmed the listing of the scarlet
macaw as set forth in the 2019 rule.
For a description of previous Federal
actions concerning the scarlet macaw,
please refer to the 2022 reconsideration
(87 FR 66093, November 2, 2022) and
the 2023 SPR analysis (88 FR 19549,
April 3, 2023).
This Action
In response to an amended complaint
filed by Friends of Animals, the Court
found that we inappropriately limited
the scope of public comments in the
2022 reconsideration. On July 10, 2024,
the Court vacated the 2023 SPR analysis
and remanded it to us to reconduct that
analysis after soliciting and considering
public comments on the relevant,
substantive issues. Accordingly, with
this document, we hereby open a 30-day
public comment period on the 2023 SPR
analysis with no limitations on the
comments requested.
Public Comments
We will accept written comments and
information during this comment period
on our 2023 SPR analysis for the
northern DPS of the southern subspecies
of scarlet macaw (88 FR 19549, April 3,
2023). Consistent with the Court’s order
in Friends of Animals, we will
reconduct that SPR analysis after
considering all comments and
information that we receive. Our
consideration of the comments and
information may have different
outcomes: Our final SPR analysis and
listing determination may differ from
the 2023 SPR analysis and, therefore, we
may need to revise and repropose the
northern DPS listing determination;
alternatively, we may affirm our
conclusion in the 2023 SPR analysis,
and no reproposal of the northern DPS
listing determination may be necessary.
In either a final SPR analysis and
determination or any reproposed
northern DPS listing determination, we
will clearly explain our rationale and
the basis for our determination,
including why we made changes, if any,
that differ from the 2023 SPR analysis.
Comments should be as specific as
possible. 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 section
4(b)(1)(A) of the Act directs that
determinations as to whether any
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104951
species is an endangered species or a
threatened species must be made solely
on the basis of the best scientific and
commercial data available. Comments or
information already submitted on the
proposed rule (77 FR 40222, July 6,
2012); revised proposed rule (81 FR
20302, April 7, 2016); or the 2022
reconsideration of the 2019 rule (87 FR
66093, November 2, 2022) need not be
resubmitted. Any such comments are
already incorporated as part of the
public record of the rulemaking
proceeding, and we will fully consider
them as part of this action.
You may submit your comments and
materials by one of the methods listed
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 your personal
identifying information—will be posted
on the website. 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.
Comments and materials we receive, as
well as supporting documentation we
used in preparing the proposed rule,
will be available for public inspection
on https://www.regulations.gov at FWS–
HQ–ES–2022–0134.
Authors
The primary authors of this document
are the staff members of the Fish and
Wildlife Service’s Species Assessment
Team and the Branch of Delisting and
Foreign Species.
Authority
The Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.), is
the authority for this action.
Signing Authority
Martha Williams, Director of the U.S.
Fish and Wildlife Service, approved this
action on December 3, 2024. Acting
Director Steve Guertin approved these
packages December 15, 2024. On
December 16, 2024, the acting Director
authorized the undersigned to sign the
document electronically and submit it
to the Office of the Federal Register for
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104952
Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules
publication as an official document of
the U.S. Fish and Wildlife Service.
Madonna Baucum,
Regulations and Policy Chief, Division of
Policy, Economics, Risk Management, and
Analytics of the Joint Administrative
Operations, U.S. Fish and Wildlife Service.
[FR Doc. 2024–30381 Filed 12–23–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2023–0033;
FXES1113090FEDR–256–FF09E22000]
RIN 1018–BH98
Endangered and Threatened Wildlife
and Plants; Endangered Species
Status for the Blue Tree Monitor
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
list the blue tree monitor (Varanus
macraei), a lizard species from
Indonesia, as an endangered species
under the Endangered Species Act of
1973, as amended (Act). This
determination also serves as our 12month finding on a petition to list the
blue tree monitor. After a review of the
best scientific and commercial
information available, we find that
listing the species is warranted. If we
finalize this rule as proposed, it would
add this species to the List of
Endangered and Threatened Wildlife
and extend the Act’s protections to the
species. A temporary rule (emergency
action) listing this species as
endangered for 240 days is published
concurrently in this issue of the Federal
Register.
DATES: We will accept comments
received or postmarked on or before
February 24, 2025. 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. We
must receive requests for a public
hearing, in writing, at the address
shown in FOR FURTHER INFORMATION
CONTACT by February 10, 2025.
ADDRESSES: Written comments: 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–2023–0033, which
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is the docket number for this
rulemaking. Then, click on the Search
button. On the resulting page, in the
panel on the left side of the screen,
under the Document Type heading,
check the Proposed Rule box to locate
this document. 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–2023–0033, 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
Information Requested, below, for more
information).
Availability of supporting materials:
Supporting materials, such as the
species status assessment report, are
available on https://
www.regulations.gov at Docket No.
FWS–HQ–ES–2023–0033.
FOR FURTHER INFORMATION CONTACT:
Rachel London, Manager, Branch of
Delisting and 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.
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. Please see
Docket No. FWS–HQ–ES–2023–0033 on
https://www.regulations.gov for a
document that summarizes this
proposed rule.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from other governmental
agencies, Native American Tribes, the
scientific community, industry, or any
other interested parties concerning this
proposed rule. We particularly seek
comments concerning:
(1) The species’ biology, range, and
population trends, including:
(a) Biological or ecological
requirements of the species, including
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habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns and the
locations of any additional populations
of this species;
(d) Historical and current population
levels, and current and projected trends;
and
(e) Past and ongoing conservation
measures for the species, its habitat, or
both.
(2) Threats and conservation actions
affecting the species, including:
(a) Factors that may be affecting the
continued existence of the species,
which may include habitat destruction,
modification, or curtailment;
overutilization; disease; predation; the
inadequacy of existing regulatory
mechanisms; or other natural or
manmade factors;
(b) Biological, commercial trade, or
other relevant data concerning any
threats (or lack thereof) to this species;
and
(c) Existing regulations or
conservation actions that may be
addressing threats to this species.
(3) Additional information concerning
the historical and current status of this
species.
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, do not provide
substantial information necessary to
support a determination. Section
4(b)(1)(A) of the Act (16 U.S.C.
1533(b)(1)(A)) directs that
determinations as to whether any
species is an endangered or a threatened
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 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 website. 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.
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]]>Agencies
[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Pages 104950-104952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30381]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2022-0134; FXES1111090FEDR-256-FF09E21000]
RIN 1018-BG93
Endangered and Threatened Wildlife and Plants; Significant
Portion of the Range for the Northern Distinct Population Segment of
the Southern Subspecies of Scarlet Macaw
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Prior analysis and determination; opening of comment period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, are opening a public
comment period on a 2023 analysis regarding the significant portion of
the range for the northern distinct population segment of the southern
subspecies of the scarlet macaw (Ara macao macao). The analysis was
conducted as part of a listing determination under the Endangered
Species Act for the distinct population segment. Previously submitted
comments related to the analysis need not be resubmitted, as they are
already incorporated into the public record and will be fully
considered.
DATES: We will accept comments received or postmarked on or before
January 27, 2025. 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 documents related to the analysis and
listing determination. 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 Public Comments, below, for more information).
FOR FURTHER INFORMATION CONTACT: Rachel London, Manager, Branch of
Delisting and 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). 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
On February 26, 2019, we, the U.S. Fish and Wildlife Service
(Service), published in the Federal Register a final rule under the
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et
seq.) (84 FR 6278; hereafter referred to as ``the 2019 rule''). The
2019 rule was the outcome of a rulemaking proceeding that began with a
proposed rule (77 FR 40222, July 6, 2012) and a revised proposed rule
(81 FR 20302, April 7, 2016).
The 2019 rule revised the List of Endangered and Threatened
Wildlife in title 50 of the Code of Federal Regulations (at 50 CFR
17.11(h)) to add the northern subspecies of scarlet macaw (A. m.
cyanoptera) as an endangered species, the northern distinct population
segment (DPS) of the southern subspecies (A. m. macao) as a threatened
species, and the southern DPS of the southern subspecies (A. m. macao)
and subspecies crosses (A. m. cyanoptera and A. m. macao) as threatened
species due to similarity of appearance. The 2019 rule also added
protective regulations to 50 CFR 17.41 pursuant to section 4(d) of the
Act for the northern and southern DPSs of the southern subspecies and
for subspecies crosses (hereafter, ``the 4(d) rule''). For a more
thorough discussion of the taxonomy, life history, distribution, and
the determination of listing status for scarlet macaws under the Act,
please refer to the Species Information section in the 2019 rule.
In the 2019 rule, we determined that the northern DPS of the
southern subspecies of scarlet macaw meets the definition of a
threatened species because it was likely to become in danger of
extinction within the foreseeable future throughout all of its range.
At that time, we followed our Final Policy on Interpretation of the
Phrase ``Significant Portion of Its Range'' in the Endangered Species
Act's
[[Page 104951]]
Definitions of ``Endangered Species'' and ``Threatened Species'' (Final
Policy; 79 FR 37578, July 1, 2014), which provided that if the Service
determined that a species was threatened throughout all of its range,
the Service would not analyze whether the species was endangered in a
significant portion of its range. Therefore, we did not conduct an
evaluation of whether the northern DPS of the southern subspecies (A.
m. macao) should be listed as an endangered species due to its status
in a significant portion of its range (SPR).
After the 2019 rule was published, the portion of the Final Policy
that we had relied upon in the 2019 rule was vacated in Center for
Biological Diversity v. Everson, 435 F. Supp. 3d 69 (D.D.C. Jan. 28,
2020) (Everson). Therefore, we sought a voluntary remand of the 2019
rule and the 4(d) rule in an ongoing lawsuit that challenged both rules
(Friends of Animals v. Williams (No. 1:21-cv-02081-RC, Doc. 22)
(Friends of Animals)). On August 29, 2022, the U.S. District Court for
the District of Columbia (Court) 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.
In response to the Court's decision, we published a document in the
Federal Register stating that we were reexamining our 2019 SPR analysis
and reconsidering it based on the plain language of the Act and the
implications of Everson (87 FR 66093, November 2, 2022). In that
document (hereafter, ``the 2022 reconsideration''), we sought public
comment on how the decision in Everson and the Act's plain language may
affect the 2019 rule. Specifically, we were interested in public input
on whether and how the Everson opinion affects the SPR analysis in the
threatened determination.
Taking into consideration all public comments received on the 2022
reconsideration and based on our additional analysis, on April 3, 2023,
we published a new SPR analysis and final threatened species
determination for the northern DPS of the southern subspecies of
scarlet macaw (88 FR 19549; hereafter, ``the 2023 SPR analysis'').
In the 2023 SPR analysis, we assessed four portions of the northern
DPS of the southern subspecies of scarlet macaw: the Pacific slope of
Costa Rica, mainland Panama, Colombia west of the Andes, and Panama and
Colombia combined. We concluded that none of the portions in the
northern DPS are both in danger of extinction and significant. Having
completed the SPR analysis for the northern DPS and having determined
that the northern DPS is not in danger of extinction in any significant
portion of its range, we did not propose to revise the current status
of the southern subspecies of scarlet macaw in the northern DPS.
Therefore, we affirmed the listing of the scarlet macaw as set forth in
the 2019 rule.
For a description of previous Federal actions concerning the
scarlet macaw, please refer to the 2022 reconsideration (87 FR 66093,
November 2, 2022) and the 2023 SPR analysis (88 FR 19549, April 3,
2023).
This Action
In response to an amended complaint filed by Friends of Animals,
the Court found that we inappropriately limited the scope of public
comments in the 2022 reconsideration. On July 10, 2024, the Court
vacated the 2023 SPR analysis and remanded it to us to reconduct that
analysis after soliciting and considering public comments on the
relevant, substantive issues. Accordingly, with this document, we
hereby open a 30-day public comment period on the 2023 SPR analysis
with no limitations on the comments requested.
Public Comments
We will accept written comments and information during this comment
period on our 2023 SPR analysis for the northern DPS of the southern
subspecies of scarlet macaw (88 FR 19549, April 3, 2023). Consistent
with the Court's order in Friends of Animals, we will reconduct that
SPR analysis after considering all comments and information that we
receive. Our consideration of the comments and information may have
different outcomes: Our final SPR analysis and listing determination
may differ from the 2023 SPR analysis and, therefore, we may need to
revise and repropose the northern DPS listing determination;
alternatively, we may affirm our conclusion in the 2023 SPR analysis,
and no reproposal of the northern DPS listing determination may be
necessary. In either a final SPR analysis and determination or any
reproposed northern DPS listing determination, we will clearly explain
our rationale and the basis for our determination, including why we
made changes, if any, that differ from the 2023 SPR analysis.
Comments should be as specific as possible. 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 section 4(b)(1)(A)
of the Act directs that determinations as to whether any species is an
endangered species or a threatened species must be made solely on the
basis of the best scientific and commercial data available. Comments or
information already submitted on the proposed rule (77 FR 40222, July
6, 2012); revised proposed rule (81 FR 20302, April 7, 2016); or the
2022 reconsideration of the 2019 rule (87 FR 66093, November 2, 2022)
need not be resubmitted. Any such comments are already incorporated as
part of the public record of the rulemaking proceeding, and we will
fully consider them as part of this action.
You may submit your comments and materials by one of the methods
listed 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 your personal
identifying information--will be posted on the website. 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. Comments and materials we
receive, as well as supporting documentation we used in preparing the
proposed rule, will be available for public inspection on https://www.regulations.gov at FWS-HQ-ES-2022-0134.
Authors
The primary authors of this document are the staff members of the
Fish and Wildlife Service's Species Assessment Team and the Branch of
Delisting and Foreign Species.
Authority
The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), is the authority for this action.
Signing Authority
Martha Williams, Director of the U.S. Fish and Wildlife Service,
approved this action on December 3, 2024. Acting Director Steve Guertin
approved these packages December 15, 2024. On December 16, 2024, the
acting Director authorized the undersigned to sign the document
electronically and submit it to the Office of the Federal Register for
[[Page 104952]]
publication as an official document of the U.S. Fish and Wildlife
Service.
Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Economics, Risk
Management, and Analytics of the Joint Administrative Operations, U.S.
Fish and Wildlife Service.
[FR Doc. 2024-30381 Filed 12-23-24; 8:45 am]
BILLING CODE 4333-15-P
