74320 Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices

DEPARTMENT OF COMMERCE ESA Statutory, Regulatory, and Policy purposes; disease or predation; Provisions and Evaluation Framework inadequacy of existing regulatory National Oceanic and Atmospheric Section 4(b)(3)(A) of the ESA of 1973, mechanisms; and any other natural or Administration as amended (16 U.S.C. 1531 et seq.), manmade factors affecting the species’ [Docket No. 201105–0292; RTID 0648– requires, to the maximum extent existence (16 U.S.C. 1533(a)(1), 50 CFR XR114] practicable, that within 90 days of 424.11(c)). receipt of a petition to list a species as ESA-implementing regulations issued Endangered and Threatened Wildlife; threatened or endangered, the Secretary jointly by NMFS and USFWS (50 CFR 90-Day Finding on a Petition To List of Commerce make a finding on whether 424.14(h)(1)(i) define ‘‘substantial the Giant Devil Ray as Threatened or that petition presents substantial scientific or commercial information’’ in the context of reviewing a petition to Endangered Under the Endangered scientific or commercial information list, delist, or reclassify a species as Species Act indicating that the petitioned action credible scientific or commercial may be warranted, and to promptly AGENCY: National Marine Fisheries information in support of the petition’s publish such finding in the Federal Service (NMFS), National Oceanic and claims such that a reasonable person Register (16 U.S.C. 1533(b)(3)(A)). When Atmospheric Administration (NOAA), conducting an impartial scientific we find that substantial scientific or Commerce. review would conclude that the action commercial information in a petition ACTION: Notification of 90-Day petition proposed in the petition may be indicates that the petitioned action may finding. warranted. Conclusions drawn in the be warranted (a ‘‘positive 90-day petition without the support of credible SUMMARY: We, NMFS, announce a 90- finding’’), we are required to promptly scientific or commercial information day finding on a petition to list the giant commence a review of the status of the devil ray ( mobular) as an will not be considered ‘‘substantial species concerned, which includes information.’’ In reaching the initial (90- endangered or threatened species under conducting a comprehensive review of the Act (ESA). The day) finding on the petition, we will the best available scientific and consider the information described in petition requests that we list the giant commercial information. In such cases, devil ray (M. mobular) as a distinct sections 50 CFR 424.14(c), (d), and (g) we conclude the review with a finding (if applicable). Our determination as to species with a limited range throughout as to whether, in fact, the petitioned the Mediterranean Sea. Information in whether the petition provides action is warranted within 12 months of substantial scientific or commercial our files indicates a recent taxonomic receipt of the petition. Because the revision that found M. mobular and M. information indicating that the finding at the 12-month stage is based petitioned action may be warranted japanica (spinetail devilray) to be on a more thorough review of the synonymous species (i.e., same taxon depends in part on the degree to which available information, as compared to the petition includes the following types described and named more than once the narrow scope of review at the 90-day independently) with circumglobal of information: (1) Information on stage, a ‘‘may be warranted’’ finding current population status and trends distribution in tropical and warm does not prejudge the outcome of the and estimates of current population temperate seas. The petition relies on status review and 12-month finding. sizes and distributions, both in captivity obsolete information to identify the Under the ESA, a listing and the wild, if available; (2) species, and therefore we find that the determination may address a ‘‘species,’’ identification of the factors under petition does not present substantial which is defined to also include section 4(a)(1) of the ESA that may scientific or commercial information subspecies and, for any vertebrate affect the species and where these indicating that the petitioned action species, any distinct population factors are acting upon the species; (3) may be warranted. segment (DPS) that interbreeds when whether and to what extent any or all ADDRESSES: Interested persons may mature (16 U.S.C. 1532(16)). A joint of the factors alone or in combination obtain a copy of the petition online at NMFS–U.S. Fish and Wildlife Service identified in section 4(a)(1) of the ESA the NMFS website: https:// (USFWS) policy clarifies the agencies’ may cause the species to be an www.fisheries.noaa.gov/national/ interpretation of the phrase ‘‘distinct endangered species or threatened endangered-species-conservation/ population segment’’ for the purposes of species (i.e., the species is currently in negative-90-day-findings. listing, delisting, and reclassifying a danger of extinction or is likely to FOR FURTHER INFORMATION CONTACT: species under the ESA (61 FR 4722; become so within the foreseeable Stephania Bolden (727 551–5768) or February 7, 1996). A species, future), and, if so, how high in Lisa Manning (301 427–8466), NMFS subspecies, or DPS is ‘‘endangered’’ if it magnitude and how imminent the Office of Protected Resources, is in danger of extinction throughout all threats to the species and its habitat are; [email protected]. or a significant portion of its range, and (4) information on adequacy of SUPPLEMENTARY INFORMATION: ‘‘threatened’’ if it is likely to become regulatory protections and effectiveness endangered within the foreseeable of conservation activities by States as Background future throughout all or a significant well as other parties, that have been On February 10, 2020, we received a portion of its range (ESA sections 3(6) initiated or that are ongoing, that may petition from Friends of to list and 3(20), respectively, 16 U.S.C. protect the species or its habitat; and (5) the giant devil ray (M. mobular) as a 1532(6) and (20)). Pursuant to the ESA a complete, balanced representation of threatened or endangered species and our implementing regulations, we the relevant facts, including information throughout its entire range under the determine whether species are that may contradict claims in the ESA. The petition describes the range of threatened or endangered based on any petition. See 50 CFR 424.14(d). the giant devil ray as being limited to one or a combination of the following We may also consider information the Mediterranean Sea. The petition also five section 4(a)(1) factors: The present readily available at the time the requests that critical habitat be or threatened destruction, modification, determination is made. We are not designated for the species in or curtailment of habitat or range; required to consider any supporting Mediterranean waters. The petition is overutilization for commercial, materials cited by the petitioner if the available online (see ADDRESSES). recreational, scientific, or educational petitioner does not provide electronic or

VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\20NON1.SGM 20NON1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices 74321

hard copies, to the extent permitted by fragmentation), and the potential Analysis of the Petition and U.S. copyright law, or appropriate contribution of identified demographic Information Readily Available in excerpts or quotations from those risks to extinction risk for the species. NMFS Files materials (e.g., publications, maps, We then evaluate the potential links As mentioned above, in analyzing the reports, letters from authorities). See 50 between these demographic risks and request of the petitioner, we first CFR 424.14(c)(6). the causative impacts and threats evaluate whether the information At the 90-day finding stage, we identified in section 4(a)(1). evaluate the petitioners’ request based presented in the petition, along with upon the information in the petition Information presented on impacts or information readily available in our including its references and the threats should be specific to the species files, indicates that the petitioned entity information readily available in our and should reasonably suggest that one constitutes a ‘‘species’’ eligible for files. We do not conduct additional or more of these factors may be listing under the ESA. research, and we do not solicit operative threats that act or have acted To evaluate the petition, we first information from parties outside the on the species to the point that it may looked at the taxonomic description in agency to help us in evaluating the warrant protection under the ESA. the petition that referred to the M. petition. We will accept the petitioners’ Broad statements about generalized mobular by one of its common names, sources and characterizations of the threats to the species, or identification ‘‘giant devil ray.’’ The petition includes information presented if they appear to of factors that could negatively impact a ‘‘full taxonomic classification’’ of the be based on accepted scientific a species, do not constitute substantial giant devil ray, and identifies M. principles, unless we have specific information indicating that listing may mobular (Raia mobular Bonnaterre information in our files that indicates be warranted. We look for information 1778) within the genus Mobula. The the petition’s information is incorrect, indicating that not only is the particular petition then asserts there are nine unreliable, obsolete, or otherwise species exposed to a factor, but that the different species of the devil ray and irrelevant to the requested action. species may be responding in a negative lists them as: Giant devil ray (M. Information that is susceptible to more fashion; then we assess the potential mobular), lesser Guinean devil ray (M. than one interpretation or that is significance of that negative response. rochebrunei), Chilean devil ray (M. contradicted by other available tarapacana), pygmy devil ray (M. information will not be dismissed at the Many petitions identify risk eregoodootenkee), smoothtail Mobula 90-day finding stage, so long as it is classifications made by non- (M. munkiana), bentfin devil ray (M. reliable and a reasonable person would governmental organizations, such as the thurstoni), spinetail devil ray (M. conclude it supports the petitioners’ International Union for the japanica), Atlantic devil ray (M. assertions. Conclusive information Conservation of Nature (IUCN), the hypostoma), and the shortfin devil ray indicating that the species may meet the American Fisheries Society, or (M. kuhlii). The petition the M. ESA’s requirements for listing is not NatureServe, as evidence of extinction mobular 2015 IUCN Red List Report required to make a positive 90-day risk for a species. Risk classifications by (Notarbartolo di Sciara et al. 2015) as finding. We will not conclude that a other organizations or made under other reference for the of the giant lack of specific information alone Federal or state statutes may be devil ray and includes as the source a negates a positive 90-day finding if a informative, but such classification 12-page document downloaded from the reasonable person would conclude that alone may not provide the rationale for IUCN website (Notarbartolo di Sciara et the unknown information itself suggests a positive 90-day finding under the al. 2015; that appears to be downloaded an extinction risk of concern for the ESA. For example, as explained by on January 24, 2020). However, this species at issue. source citation for the taxonomic To make a 90-day finding on a NatureServe, their assessments of a description provided by the petitioner petition to list a species, we evaluate species’ do ‘‘not includes on the first page next to the whether the petition presents constitute a recommendation by scientific name of the species the substantial scientific or commercial NatureServe for listing under the U.S. information indicating that the subject Endangered Species Act’’ because statement: ‘‘This concept is no longer species may be either threatened or NatureServe assessments ‘‘have recognized.’’ endangered, as defined by the ESA. different criteria, evidence The 2019 IUCN Red List Report for M. First, we evaluate whether the requirements, purposes and taxonomic mobular (Marshall et al. 2019), which information presented in the petition, coverage than government lists of was readily available in our files, along with the information readily endangered and threatened species, and describes a 2017 taxonomic revision available in our files, indicates that the therefore these two types of lists should that combines the individuals petitioned entity constitutes a ‘‘species’’ not be expected to coincide’’ (https:// previously identified as M. japanica eligible for listing under the ESA. Next, explorer.natureserve.org/ with those classified as M. mobular. we evaluate whether the information AboutTheData/DataTypes/Conservation Citing both morphological examination and an increased understanding of indicates that the species faces an StatusCategories). Additionally, species extinction risk that is cause for concern; molecular genetics, the 2017 taxonomic classifications under IUCN and the ESA this may be indicated in information revision found M. japanica to be a are not equivalent; data standards, expressly discussing the species’ status junior synonym to the senior M. and trends, or in information describing criteria used to evaluate species, and mobular (White et al. 2017 with impacts and threats to the species. We treatment of uncertainty are also not agreement by Hosegood et al. 2018). evaluate any information on specific necessarily the same. Thus, when a This taxonomic revision is reflected in demographic factors pertinent to petition cites such classifications, we the 2019 IUCN Red List Report evaluating extinction risk for the species will evaluate the source of information (Marshall et al. 2019), which no longer (e.g., population abundance and trends, that the classification is based upon in recognizes M. japanica and identifies productivity, spatial structure, age light of the standards on extinction risk the range of M. mobular as structure, sex ratio, diversity, current and impacts or threats discussed above. ‘‘circumglobal in temperate and tropical and historical range, habitat integrity or waters throughout all oceans.’’

VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\20NON1.SGM 20NON1 khammond on DSKJM1Z7X2PROD with NOTICES 74322 Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices

Thus, while the petition identifies M. COMMITTEE FOR PURCHASE FROM Mandatory for: Internal Revenue Service: mobular as a species separate from M. PEOPLE WHO ARE BLIND OR 1244 Speer Blvd., Denver, CO japanica, recent improved knowledge of SEVERELY DISABLED Mandatory for: Internal Revenue Service: 56 and 58 Inverness Drive E, Englewood, phylogenetic relationships, available CO when the petition was submitted to Procurement List; Proposed Additions and Deletions Mandatory for: Internal Revenue Service: NMFS in 2020, indicates the species is 4750 West Oak Boulevard, Las Vegas, NV no longer a valid concept. Information AGENCY: Committee for Purchase From Mandatory for: Internal Revenue Service: in our files, as well as the source People Who Are Blind or Severely 210 E Earl Drive, Phoenix, AZ citation submitted with the petition Disabled. Mandatory for: Internal Revenue Service: (IUCN Red List 2015), clearly indicate 50 South 200 East, Salt Lake City, UT ACTION: Proposed additions to and Mandatory for: Internal Revenue Service: the species identified in the petition is deletions from the Procurement List. 8671 Wolff Ct, Westminster, CO based on an obsolete taxonomic Designated Source of Supply: Northwest classification. SUMMARY: The Committee is proposing Center, Seattle, WA to add service(s) to the Procurement List Because we concluded that the Contracting Activity: INTERNAL REVENUE that will be furnished by nonprofit SERVICE, DEPT OF TREAS/INTERNAL petition does not identify a valid species agencies employing persons who are REVENUE SERVICE for listing, we do not need to evaluate blind or have other severe disabilities, whether the information in the petition and deletes service(s) previously Michael R. Jurkowski, indicates the species may be an furnished by such agencies. Deputy Director, Business & PL Operations. endangered or threatened species based DATES: Comments must be received on [FR Doc. 2020–25636 Filed 11–19–20; 8:45 am] on ESA section 4(a)(1) factors. or before: December 20, 2020. BILLING CODE 6353–01–P Furthermore, our regulations specify ADDRESSES: Committee for Purchase that critical habitat will not be From People Who Are Blind or Severely designated within foreign countries or Disabled, 1401 S Clark Street, Suite 715, DEPARTMENT OF DEFENSE in areas outside the jurisdiction of the Arlington, Virginia 22202–4149. United States (50 CFR 424.12(g)). Thus, Defense Acquisition Regulations FOR FURTHER INFORMATION CONTACT: For System we conclude that the petition does not further information or to submit meet the requirements outlined in our comments contact: Michael R. [Docket Number DARS–2020–0020; OMB regulations indicating that the Jurkowski, Telephone: (703) 603–2117, Control Number 0704–0252] petitioned action may be warranted. Fax: (703) 603–0655, or email Submission for OMB Review; [email protected]. Petition Finding Comment Request SUPPLEMENTARY INFORMATION: This After reviewing the information notice is published pursuant to 41 AGENCY: Defense Acquisition contained in the petition, as well as U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its Regulations System, Department of information readily available in our purpose is to provide interested persons Defense (DoD). files, we conclude that because of a an opportunity to submit comments on ACTION: Notice. recent taxonomic revision the species the proposed actions. SUMMARY: The Defense Acquisition identified in the petition is no longer a Additions valid concept. Therefore, the petition Regulations System has submitted to If the Committee approves the OMB for clearance, the following does not present substantial scientific or proposed additions, the entities of the commercial information indicating the proposed revision and extension of a Federal Government identified in this collection of information under the requested actions may be warranted. We notice will be required to procure the provisions of the Paperwork Reduction note our regulations (50 CFR 424.12(g)) service(s) listed below from nonprofit Act. specify that critical habitat will not be agencies employing persons who are designated within foreign countries or DATES: Consideration will be given to all blind or have other severe disabilities. comments received by December 21, in areas outside the jurisdiction of the The following service(s) are proposed 2020. United States. for addition to the Procurement List for production by the nonprofit agencies SUPPLEMENTARY INFORMATION: References Cited listed: Title and OMB Number: Defense Federal Acquisition Regulation A complete list of references is Service(s) available upon request to the NMFS Supplement (DFARS) Part 251, Use of Service Type: Grounds Maintenance Service Government Sources by Contractors, Office of Protected Resources (see FOR Mandatory for: US Army, US Army and a related clause at DFARS 252.251; FURTHER INFORMATION CONTACT). Communications-Electronics Command Headquarters, Aberdeen Proving Ground, OMB Control Number 0704–0252. Authority MD Type of Request: Revision of a Designated Source of Supply: Chimes District currently approved collection. The authority for this action is the of Columbia, Baltimore, MD Affected Public: Businesses or other Endangered Species Act of 1973, as Contracting Activity: DEPT OF THE ARMY, for-profit and not-for profit institutions. amended (16 U.S.C. 1531 et seq.). W6QK ACC–APG DIR Respondent’s Obligation: Required to Dated: November 10, 2020. Deletions obtain or retain benefits. Samuel D. Rauch, III, Number of Respondents: 1,414. The following service(s) are proposed Responses per Respondent: 7.8, Deputy Assistant Administrator for for deletion from the Procurement List: approximately. Regulatory Programs, National Marine Service(s) Annual Responses: 11,058. Fisheries Service. Average Burden per Response: .5 [FR Doc. 2020–25625 Filed 11–19–20; 8:45 am] Service Type: Document Destruction Mandatory for: Internal Revenue Service: hour. BILLING CODE 3510–22–P 40 West Baseline, Suite 211, Tempe, AZ Annual Burden Hours: 5,529.

VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\20NON1.SGM 20NON1 khammond on DSKJM1Z7X2PROD with NOTICES