Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules 30091

jeopardizing the safety or security of between mile marker (MM) 754.0 and deemed necessary for the protection of people, places, or vessels. MM 760.0, Owensboro, KY. life or property. (b) Effective period. This section is (8) The COTP or a designated V. Public Participation and Request for effective from noon through 4 p.m. on representative will terminate Comments September 13, 2018. enforcement of the special local We view public participation as (c) Special local regulations. (1) In regulation at the conclusion of the air essential to effective rulemaking, and accordance with the general regulations show. will consider all comments and material in § 100.801, entry into this area is (d) Information broadcasts. The COTP received during the comment period. prohibited unless authorized by the or a designated representative will Your comment can help shape the Captain of the Port Sector Ohio Valley inform the public of the enforcement outcome of this rulemaking. If you (COTP) or a designated representative. times and date for this regulated area submit a comment, please include the A designated representative is a through Broadcast Notices to Mariners docket number for this rulemaking, commissioned, warrant, or petty officer (BNMs), Local Notices to Mariners indicate the specific section of this of the U.S. Coast Guard assigned to (LNMs), and/or Marine Safety document to which each comment units under the operational control of Information Broadcasts (MSIBs) as applies, and provide a reason for each USCG Sector Ohio Valley. They may be appropriate. suggestion or recommendation. contacted on VHF–FM Channel 16 or by Dated: June 21, 2018. We encourage you to submit telephone at 1–800–253–7465. A M.B. Zamperini, comments through the Federal designated representative may be a eRulemaking Portal at http:// Captain, U.S. Coast Guard, Captain of the Patrol Commander (PATCOM). The Port Sector Ohio Valley. www.regulations.gov. If your material PATCOM will be aboard either a Coast [FR Doc. 2018–13734 Filed 6–26–18; 8:45 am] cannot be submitted using http:// Guard or Coast Guard Auxiliary vessel. www.regulations.gov, contact the person The PATCOM may be contacted on BILLING CODE 9110–04–P in the FOR FURTHER INFORMATION Channel 16 VHF–FM (156.8 MHz) by CONTACT section of this document for the call sign ‘‘PATCOM’’. FEDERAL COMMUNICATIONS alternate instructions. (2) All persons and vessels not COMMISSION We accept anonymous comments. All registered with the sponsor as comments received will be posted participants or official patrol vessels are 47 CFR Parts 54 and 64 without change to http:// considered spectators. The ‘‘official www.regulations.gov and will include patrol vessels’’ consist of any Coast [WC Docket No. 10–90, 14–58, 07–135 and any personal information you have Guard, state, or local law enforcement CC Docket No. 01–92; Report No. 3091] provided. For more about privacy and and sponsor provided vessels assigned Petitions for Reconsideration of Action the docket, visit http:// or approved by the COTP to patrol the in Rulemaking Proceeding www.regulations.gov/privacyNotice. regulated area. Documents mentioned in this NPRM (3) Spectator vessels desiring to as being available in the docket, and all Correction transit the regulated area may do so only public comments, will be in our online In proposed rule document 2018– with prior approval of the PATCOM and docket at http://www.regulations.gov 12786, appearing on pages 27746–27747 when so directed by that officer will be and can be viewed by following that in the Issue of Thursday, June 14, 2018, operated at a minimum safe navigation website’s instructions. Additionally, if make the following correction: speed in a manner which will not you go to the online docket and sign up On page 27746, in the third column, endanger any other vessels. for email alerts, you will be notified under the heading ‘‘DATES:’’ the entry when comments are posted or a final (4) No spectator vessel shall anchor, ‘‘June 25, 2018’’ is corrected to read rule is published. block, loiter, or impede the through ‘‘July 9, 2018’’. transit of official patrol vessels in the [FR Doc. C1–2018–12786 Filed 6–26–18; 8:45 am] List of Subjects in 33 CFR Part 100 regulated area during the effective dates BILLING CODE 1301–00–D Marine safety, Navigation (water), and times, unless cleared for entry by or Reporting and recordkeeping through an official patrol vessel. (5) Any spectator vessel may anchor requirements, Waterways. DEPARTMENT OF THE INTERIOR For the reasons discussed in the outside the regulated area, but may not preamble, the Coast Guard proposes to anchor in, block, or loiter in a navigable Fish and Wildlife Service amend 33 CFR part 100 as follows: channel. Spectator vessels may be moored to a waterfront facility within 50 CFR Part 17 PART 100—SAFETY OF LIFE ON the regulated area in such a way that NAVIGABLE WATERWAYS they shall not interfere with the progress [4500030115] of the air show. Endangered and Threatened Wildlife ■ 1. The authority citation for part 100 (6) The COTP or a designated and Plants; 90-day Findings for Three continues to read as follows: representative may forbid and control Authority: 33 U.S.C. 1233; 33 CFR the movement of all vessels in the 1.05–1. regulated area. When hailed or signaled AGENCY: Fish and Wildlife Service, ■ 2. Add § 100.35T08–0548 to read as by an official patrol vessel, a vessel shall Interior. follows: come to an immediate stop and comply ACTION: Notice of petition findings and with the directions given. Failure to do initiation of status reviews. § 100.35T08–0548 Special Local so may result in expulsion from the Regulation; Ohio River, Owensboro, KY. regulated area, citation for failure to SUMMARY: We, the U.S. Fish and (a) Location. The following area is a comply, or both. Wildlife Service (Service), announce 90- temporary special local regulation: All (7) The COTP or a designated day findings on three petitions to add or navigable waters of the Ohio River, representative may terminate the remove species from the List of extending the entire width of the river, operation of any vessel at any time it is Endangered and Threatened Wildlife

VerDate Sep<11>2014 14:24 Jun 26, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\27JNP1.SGM 27JNP1 nshattuck on DSK9F9SC42PROD with PROPOSALS 30092 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules

under the Endangered Species Act of (2) By hard copy: Submit by U.S. mail conclude that the action proposed in the 1973, as amended (Act). Based on our or hand-delivery to: Public Comments petition may be warranted’’ (50 CFR review, we find that the three petitions Processing, Attn: [Insert appropriate 424.14(h)(1)(i)). present substantial scientific or docket number; see the table under A species may be determined to be an commercial information indicating that SUPPLEMENTARY INFORMATION], U.S. Fish endangered species or a threatened the petitioned actions may be and Wildlife Service, MS: BPHC, 5275 species because of one or more of the warranted. Therefore, with the Leesburg Pike; Falls Church, VA 22041– five factors described in section 4(a)(1) publication of this document, we 3803. of the Act (16 U.S.C. 1531 et seq.). The announce that we plan to initiate We request that you send information five factors are: reviews of the status of these species to only by the methods described above. (a) The present or threatened determine if the petitioned actions are We will post all information we receive destruction, modification, or warranted. To ensure that these status on http://www.regulations.gov. This curtailment of its habitat or range reviews are comprehensive, we are generally means that we will post any (Factor A); requesting scientific and commercial personal information you provide us (b) Overutilization for commercial, data and other information regarding (see Request for Information for Status recreational, scientific, or educational these species. Based on the status Reviews, below, for more information). purposes (Factor B); reviews, we will issue 12-month FOR FURTHER INFORMATION CONTACT: (c) Disease or predation (Factor C); findings, which will address whether or (d) The inadequacy of existing not the petitioned actions are warranted, Species com- regulatory mechanisms (Factor D); or Contact person (e) Other natural or manmade factors in accordance with the Act. mon name affecting its continued existence (Factor DATES: These findings were made on Dixie Valley Carolyn Swed, 775–861– E). June 27, 2018. As we commence work . 6337; carolyn_swed@ These factors represent broad on the status reviews, we seek any new fws.gov. categories of natural or human-caused information concerning the status of, or Oregon vesper Jeffrey Dillon, 503–231– actions or conditions that could have an threats to, these species or their habitats. sparrow. 6179; jeffrey_dillon@ fws.gov. effect on a species’ continued existence. Any information received during our In evaluating these actions and work on the status reviews will be Yellow-billed Jennifer Norris, 916–414– cuckoo. 6600; jennifer_norris@ conditions, we look for those that may considered. fws.gov. have a negative effect on individuals of ADDRESSES: Supporting documents: the species, as well as other actions or Summaries of the bases for the petition If you use a telecommunications conditions that may ameliorate any findings contained in this document are device for the deaf, please call the negative effects or may have positive available on http://www.regulations.gov Federal Relay Service at 800–877–8339. effects. under the appropriate docket number SUPPLEMENTARY INFORMATION: We use the term ‘‘threat’’ to refer in (see table under SUPPLEMENTARY general to actions or conditions that are Background INFORMATION). In addition, supporting known to, or are reasonably likely to, information in preparing these findings Section 4 of the Act (16 U.S.C. 1533) affect individuals of a species is available for public inspection, by and its implementing regulations in title negatively. The term ‘‘threat’’ includes appointment, during normal business 50 of the Code of Federal Regulations actions or conditions that have a direct hours by contacting the appropriate (50 CFR part 424) set forth the impact on individuals (direct impacts), person, as specified in FOR FURTHER procedures for adding a species to, or as well as those that affect individuals INFORMATION CONTACT. removing a species from, the Federal through alteration of their habitat or Submitting information: If you have Lists of Endangered and Threatened required resources (stressors). The term new scientific or commercial data or Wildlife and Plants (Lists) in 50 CFR ‘‘threat’’ may encompass—either other information concerning the status part 17. Section 4(b)(3)(A) of the Act together or separately—the source of the of, or threats to, the species for which requires that we make a finding on action or condition or the action or we are making these petition findings, whether a petition to add a species to condition itself. However, the mere or their habitats, please submit that the Lists (i.e., ‘‘list’’ a species), remove identification of any threat(s) may not information by one of the following a species from the Lists (i.e., ‘‘delist’’ a be sufficient to compel a finding that the methods: species), or change a listed species’ information in the petition is substantial (1) Electronically: Go to the Federal status from endangered to threatened or information indicating that the eRulemaking Portal: http:// from threatened to endangered (i.e., petitioned action may be warranted. The www.regulations.gov. In the Search box, ‘‘reclassify’’ a species) presents information presented in the petition enter the appropriate docket number substantial scientific or commercial must include evidence sufficient to (see the table under SUPPLEMENTARY information indicating that the suggest that these threats may be INFORMATION). Then, click on the Search petitioned action may be warranted. To affecting the species to the point that the button. After finding the correct the maximum extent practicable, we are species may meet the definition of an document, you may submit information to make this finding within 90 days of endangered species or threatened by clicking on ‘‘Comment Now!’’ If your our receipt of the petition and publish species under the Act. information will fit in the provided the finding promptly in the Federal If we find that a petition presents comment box, please use this feature of Register. such information, our subsequent status http://www.regulations.gov, as it is most Our regulations establish that review will evaluate all identified compatible with our information review substantial scientific or commercial threats by considering the individual-, procedures. If you attach your information with regard to a 90-day population-, and species-level effects information as a separate document, our petition finding refers to ‘‘credible and the expected response by the preferred file format is Microsoft Word. scientific or commercial information in species. We will evaluate individual If you attach multiple comments (such support of the petition’s claims such threats and their expected effects on the as form letters), our preferred format is that a reasonable person conducting an species, then analyze the cumulative a spreadsheet in Microsoft Excel. impartial scientific review would effect of the threats on the species as a

VerDate Sep<11>2014 14:24 Jun 26, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\27JNP1.SGM 27JNP1 nshattuck on DSK9F9SC42PROD with PROPOSALS Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules 30093

whole. We also consider the cumulative foreseeable future, that we can review in accordance with our effect of the threats in light of those determine whether the species meets prioritization methodology for 12-month actions and conditions that are expected the definition of an endangered species findings (81 FR 49248; July 27, 2016). to have positive effects on the species— or threatened species under the Act. Summaries of Petition Findings such as any existing regulatory If we find that a petition presents mechanisms or conservation efforts that substantial scientific or commercial The petition findings contained in may ameliorate threats. It is only after information indicating that the this document are listed in the table conducting this cumulative analysis of petitioned action may be warranted, the below and the bases for the findings, threats and the actions that may Act requires us to promptly commence along with supporting information, are ameliorate them, and the expected effect a review of the status of the species, and available on http://www.regulations.gov on the species now and in the we will subsequently complete a status under the appropriate docket number.

TABLE: STATUS REVIEWS

Common name Docket no. URL to docket on http://www.regulations.gov

Dixie Valley toad ...... FWS–R8–ES–2018–0018 ...... https://www.regulations.gov/docket?D=FWS-R8-ES-2018-0018. Oregon vesper sparrow ...... FWS–R1–ES–2018–0019 ...... https://www.regulations.gov/docket?D=FWS-R1-ES-2018-0019. Yellow-billed cuckoo ...... FWS–R8–ES–2018–0027 ...... https://www.regulations.gov/docket?D=FWS-R8-ES-2018-0027.

Evaluation of a Petition To List the 3(6) of the Act or threatened species Finding Dixie Valley Toad as an Endangered or under section 3(20) of the Act, including Based on our review of the petition Threatened Species Under the Act information on the five listing factors and sources cited in the petition, we under section 4(a)(1) (see Request for Species and Range find that the petition presents Information for Status Reviews, below). substantial scientific or commercial The Dixie Valley toad ( The basis for our finding on this information indicating that the williamsi) is a small toad found in four petition, and other information petitioned action may be warranted for spring-fed wetlands in Dixie Valley, regarding our review of the petition, can the Oregon vesper sparrow due to Churchill County, Nevada. be found as an appendix at http:// potential threats associated with the www.regulations.gov under Docket No. following: Habitat loss and degradation Petition History FWS–R8–ES–2018–0018 under the (Factor A); land use/management On September 18, 2017, we received Supporting Documents section. a petition from the Center for Biological impacts to nesting birds (Factor E); and Evaluation of a Petition To List the Diversity requesting that the Dixie existing regulatory mechanisms that Oregon Vesper Sparrow as an Valley toad be listed as threatened or may be inadequate to address impacts of Endangered or Threatened Species endangered under the Act. The petition these threats (Factor D) (for information Under the Act clearly identified itself as such and about these factors, see Background, included the requisite identification Species and Range above). However, during our status information for the petitioner, required review, we will thoroughly evaluate all The Oregon vesper sparrow potential threats to the species, at 50 CFR 424.14(a). This finding (Pooecetes gramineus affinis) is a addresses the petition. including the extent to which any medium- to large-sized migratory protections or other conservation efforts Finding sparrow with a restricted range. The have reduced those threats. Thus, for breeding range currently consists of the this species, the Service requests any Based on our review of the petition States of Washington (South Puget and sources cited in the petition, we information relevant to whether the lowlands, San Juan Island, lower species falls within the definition of find that the petition presents Columbia River islands, and Mason substantial scientific or commercial either endangered species under section County) and Oregon (Willamette, 3(6) of the Act or threatened species information indicating the petitioned Umpqua, and Rogue Valleys). The action may be warranted for the Dixie under section 3(20) of the Act, including winter range consists of areas in information on the five listing factors Valley toad due to potential threats California—the lowlands west of the associated with the following: under section 4(a)(1) (see Request for Sierra Nevada Mountains, from the San Information for Status Reviews, below). Development of geothermal energy and Francisco Bay area through the San difficulty in associated mitigation, The basis for our finding on this Joaquin Valley to coastal southern petition, and other information decrease in spring discharge, changes in California. water temperature, and groundwater regarding our review of the petition, can extraction (Factor A); and Petition History be found as an appendix at http:// chytridiomycosis disease and predation On November 8, 2017, we received a www.regulations.gov under Docket No. by the invasive American bullfrog petition from the American Bird FWS–R1–ES–2018–0019 under the (Factors C and E). However, during our Conservancy requesting that the Oregon Supporting Documents section. status review we will thoroughly vesper sparrow be listed as endangered Evaluation of a Petition To Delist the evaluate all potential threats to the or threatened and critical habitat be Western Distinct Population Segment of species, including the extent to which designated for this species under the the Yellow-Billed Cuckoo any protections or other conservation Act. The petition clearly identified itself efforts have reduced those threats. Thus, as such and included the requisite Species and Range for this species, the Service requests any identification information for the The yellow-billed cuckoo (Coccyzus information relevant to whether the petitioner, required at former 50 CFR americanus) occurs in North America species falls within the definition of 424.14(a). This finding addresses the across the continental United States and either endangered species under section petition. parts of British Columbia and Mexico.

VerDate Sep<11>2014 14:24 Jun 26, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\27JNP1.SGM 27JNP1 nshattuck on DSK9F9SC42PROD with PROPOSALS 30094 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules

The species winters in Central and be found as an appendix at http:// will be able to do so. We will post all South America. The Western Distinct www.regulations.gov under Docket No. hardcopy submissions on http:// Population Segment (DPS) of the FWS–R8–ES–2018–0027 under the www.regulations.gov. yellow-billed cuckoo (western yellow- Supporting Documents section. It is important to note that the billed cuckoo) occurs generally in the Request for Information for Status standard for a 90-day finding differs area west of the Rocky Mountains from Reviews from the Act’s standard that applies to British Columbia to Mexico. The a status review to determine whether a When we make a finding that a western DPS of the yellow-billed cuckoo petitioned action is warranted. In is listed as a threatened species on the petition presents substantial making a 90-day finding, we consider List of Endangered and Threatened information indicating that listing, information in the petition and sources Wildlife (List; 50 CFR 17.11(h)). reclassification, or delisting of a species may be warranted, we are required to cited in the petition, as well as Petition History review the status of the species (a status information that is readily available, On May 4, 2017, we received a review). For the status review to be and we evaluate merely whether that petition from the American Stewards of complete and based on the best information constitutes ‘‘substantial Liberty, Arizona Cattlemen’s available scientific and commercial information’’ indicating that the Association, Arizona Mining information, we request information on petitioned action ‘‘may be warranted.’’ Association, Hereford Natural Resource these species from governmental In a 12-month finding, we must Conservation District, Jim Chilton, agencies, Native American Tribes, the complete a thorough status review of the National Cattlemen’s Beef Association, scientific community, industry, and any species and evaluate the best scientific Public Lands Council, WestLand other interested parties. We seek and commercial data available to Resources, Inc., and Winkelman Natural information on: determine whether a petitioned action Resource Conservation District, (1) The species’ biology, range, and ‘‘is warranted.’’ Because the Act’s requesting that the western DPS of the population trends, including: standards for 90-day and 12-month yellow-billed cuckoo be removed from (a) Habitat requirements; findings are different, a substantial 90- the List due to an error in our DPS (b) Genetics and ; day finding does not mean that the 12- analysis. They also provided (c) Historical and current range, month finding will result in a information in their petition indicating including distribution patterns; and ‘‘warranted’’ finding. the species should be delisted as a result (d) Historical and current population Conclusion of its utilization of additional habitat. levels and current and projected trends. The petition clearly identified itself as (2) The five factors described in On the basis of our evaluation of the such and included the requisite section 4(a)(1) of the Act (see information presented in the petitions identification information for the Background, above) that are the basis for under section 4(b)(3)(A) of the Act, we petitioners, required at 50 CFR making a listing, reclassification, or have determined that the petitions 424.14(a). This finding addresses the delisting determination for a species summarized above for the Dixie Valley petition. under section 4(a) of the Act, including toad, Oregon vesper sparrow, and past and ongoing conservation measures Finding yellow-billed cuckoo present substantial that could decrease the extent to which scientific or commercial information Based on our review of the petition one or more of the factors affect the indicating that the petitioned actions and sources cited in the petition, we species, its habitat, or both. may be warranted. Therefore, we are find that the petition presents (3) The potential effects of climate initiating status reviews to determine substantial scientific or commercial change on the species and its habitat, whether these actions are warranted information indicating that delisting the and the extent to which it affects the under the Act. At the conclusion of each western DPS of the yellow-billed cuckoo habitat or range of the species. status review, we will issue a finding, in may be warranted due to information on Submissions merely stating support accordance with section 4(b)(3)(B) of the additional habitat being used by the for or opposition to the actions under Act, as to whether the petitioned action species (Factor A). While we did not consideration without providing is not warranted, warranted, or find the petition provided substantial supporting information, although noted, warranted but precluded by pending information indicating the entity may will not be considered in making a proposals to determine whether any warrant delisting due to an error in our determination. Section 4(b)(1)(A) of the species is an endangered species or a DPS analysis, because the petitioners Act directs that determinations as to threatened species. did provide substantial information whether any species is an endangered or regarding additional habitat use by the threatened species must be made solely Authors species, we will review the DPS as part on the basis of the best scientific and of our status review of the species. commercial data available. The primary authors of this document During our status review we will You may submit your information are staff members of the Ecological thoroughly evaluate all potential threats concerning these status reviews by one Services Program, U.S. Fish and to the species, as well as revisit our DPS of the methods listed in ADDRESSES. If Wildlife Service. determination. Thus, for this species, you submit information via http:// Authority: The authority for these actions the Service requests information on the www.regulations.gov, your entire is the Endangered Species Act of 1973, as five listing factors under section 4(a)(1) submission—including any personal amended (16 U.S.C. 1531 et seq.). of the Act, including the factors identifying information—will be posted Dated: May 15, 2018. identified in this finding as well as on the website. If you submit a information pertaining to the DPS (see hardcopy that includes personal James W. Kurth, Request for Information for Status identifying information, you may Deputy Director, U.S. Fish and Wildlife Reviews, below). request at the top of your document that Service, Exercising the Authority of the The basis for our finding on this we withhold this personal identifying Director, U.S. Fish and Wildlife Service. petition, and other information information from public review. [FR Doc. 2018–13843 Filed 6–26–18; 8:45 am] regarding our review of the petition, can However, we cannot guarantee that we BILLING CODE 4333–15–P

VerDate Sep<11>2014 14:24 Jun 26, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 9990 E:\FR\FM\27JNP1.SGM 27JNP1 nshattuck on DSK9F9SC42PROD with PROPOSALS