<<

14058 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

O. National Technology Transfer and PART 383—COMMERCIAL DRIVER’S them its knowledge and skills tests, in Advancement Act LICENSE STANDARDS; accordance with subparts F, G, and H of REQUIREMENTS AND PENALTIES this part. Such completed application The National Technology Transfer and test results must be transmitted and Advancement Act (15 U.S.C. 272 ■ 1. The authority citation for part 383 electronically directly from the testing note) requires Federal agencies adopting is revised to read as follows: State to the State of domicile of such Government technical standards to Authority: Authority: 49 U.S.C. 521, 31136, personnel in an efficient and secure consider whether voluntary consensus 31301 et seq., and 31502; secs. 214 and 215 manner. standards are available. This Act also of Pub. L. 106–159, 113 Stat. 1748, 1766, (2) The State of domicile of a CLP or requires Agencies to ‘‘use technical 1767; sec. 1012(b) of Pub. L. 107–56, 115 CDL applicant on active military duty standards that are developed or adopted Stat. 272, 297, sec. 4140 of Pub. L. 109–59, must accept the completed application by voluntary consensus standards 119 Stat. 1144, 1746; sec. 32934 of Pub. L. form and results of knowledge and skills bodies’’ to carry out policy objectives 112–141, 126 Stat. 405, 830; and 49 CFR 1.87. tests administered to the applicant by determined by the agencies, unless the ■ 2. Amend § 383.5 by adding the the State where he or she is currently standards are ‘‘inconsistent with definition of ‘‘Military services’’ in stationed, as authorized by paragraph applicable law or otherwise alphabetical order to read as follows: (b)(1) of this section, in accordance with impractical.’’ If the Agency chooses to subparts F, G, and H of this part, in adopt its own standards in place of § 383.5 Definitions. fulfillment of the applicant’s application existing voluntary consensus standards, * * * * * and testing requirements under it must explain its decision in a separate Military services means the United § 383.71, and the State’s test statement to OMB. This proposed rule States Army, Navy, Marine Corps, Air administration requirements under would not involve the adoption of any Force, and Coast Guard, and their § 383.73, and issue the applicant a CLP technical standards. associated reserve, National Guard, and or CDL. Auxiliary units. P. Privacy Impact Assessment * * * * * PART 384—STATE COMPLIANCE ■ 3. Amend § 383.77 by revising WITH COMMERCIAL DRIVER’S Section 522 of title I of division H of LICENSE PROGRAM the Consolidated Appropriations Act, paragraph (b)(1) to read as follows: 2005, enacted December 8, 2004 (Pub. L. § 383.77 Substitute for driving skills tests ■ 5. The authority citation for part 384 108–447, 118 Stat. 2809, 3268, 5 U.S.C. for drivers with military CMV experience. continues to read as follows: 552a note), requires the Agency to * * * * * Authority: 49 U.S.C. 31136, 31301 et seq., conduct a privacy impact assessment (b) * * * and 31502; secs. 103 and 215 of Pub. L. 106– (PIA) of a regulation that will affect the (1) Is regularly employed or was 59, 113 Stat. 1753, 1767; and 49 CFR 1.87. privacy of individuals. In accordance regularly employed within the last year ■ 6. Amend § 384.301 by adding with this Act, a privacy impact analysis in a military position requiring paragraph (j) to read as follows: is warranted to address any privacy operation of a CMV; implications contemplated in the § 384.301 Substantial compliance general * * * * * requirements. rulemaking. The Agency submitted a ■ 4. Revise § 383.79 to read as follows: Privacy Threshold Assessment * * * * * analyzing the privacy implications to § 383.79 Testing of out-of-State applicants (j) A State must come into substantial the Department of Transportation, and military personnel. compliance with the requirements of Office of the Secretary’s Privacy Office (a) Applicant. (1) A State may subpart B of this part and part 383 of to determine whether a PIA is required. administer its skills test, in accordance this chapter in effect as of [EFFECTIVE The DOT Chief Privacy Officer has with subparts F, G, and H of this part, DATE OF FINAL RULE] as soon as evaluated the risks and effects that this to a person who has taken training in practical, but, unless otherwise rulemaking might have on collecting, that State and is to be licensed in specifically provided in this part, not storing, and sharing PII and has another U.S. jurisdiction (i.e., his/her later than [3 YEARS AFTER EFFECTIVE examined protections and alternative State of domicile). A State that DATE OF THE FINAL RULE]. information handling processes in order administers such a test must transmit Issued under authority delegated in 49 CFR to mitigate potential privacy risks. There the test result electronically directly 1.87 on: March 9, 2016. are no privacy risks and effects from the testing State to the licensing T.F. Scott Darling, III, associated with this proposed rule. State in an efficient and secure manner. Acting Administrator. (2) The State of domicile of a CDL [FR Doc. 2016–05913 Filed 3–15–16; 8:45 am] List of Subjects applicant must accept the results of a BILLING CODE 4910–EX–P 49 CFR 383 skills test administered to the applicant by any other State, in accordance with Administrative practice and subparts F, G, and H of this part, in DEPARTMENT OF THE INTERIOR procedure, Alcohol abuse, Drug abuse, fulfillment of the applicant’s testing Highway safety, Motor carriers. requirements under § 383.71, and the Fish and Wildlife Service State’s test administration requirements 49 CFR Part 384 under § 383.73. 50 CFR Part 17 (b) Military personnel. (1) A State Administrative practice and where active duty military personnel [4500030115] procedure, Alcohol abuse, Drug abuse, who are operating in a Military Highway safety, Motor carriers. Endangered and Threatened Wildlife Occupational Specialty as full-time and Plants; 90-Day Findings on 29 In consideration of the foregoing, commercial motor vehicle drivers are Petitions FMCSA proposes to amend 49 CFR stationed, but not domiciled, may chapter 3, parts 383 and 384 to read as accept an application for a CLP or CDL AGENCY: Fish and Wildlife Service, follows: from such personnel and administer to Interior.

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules 14059

ACTION: Notice of petition findings and that we receive information no later Now!’’ If your information will fit in the initiation of status reviews. than May 16, 2016. For information provided comment box, please use this submitted electronically using the feature of http://www.regulations.gov, as SUMMARY: We, the U.S. Fish and Federal eRulemaking Portal (see it is most compatible with our Wildlife Service (Service), announce 90- ADDRESSES, below), this would mean information review procedures. If you day findings on various petitions to list, submitting the information attach your information as a separate reclassify, or delist fish, wildlife, or electronically by 11:59 p.m. Eastern document, our preferred file format is plants under the Endangered Time on that date. Microsoft Word. If you attach multiple Act of 1973, as amended (Act). Based on comments (such as form letters), our our review, we find that 13 petitions do ADDRESSES: Not-substantial petition findings: The not-substantial petition preferred format is a spreadsheet in not present substantial scientific or Microsoft Excel. commercial information indicating that findings announced in this document (2) By hard copy: Submit by U.S. mail the petitioned actions may be are available on http:// or hand-delivery to: Public Comments warranted, and we are not initiating www.regulations.gov under the Processing, Attn: [Insert appropriate status reviews in response to these appropriate docket number (see Table 1 docket number; see Table 2 in petitions. We refer to these as ‘‘not- in SUPPLEMENTARY INFORMATION), or on SUPPLEMENTARY INFORMATION]; U.S. Fish substantial’’ petition findings. We also the Service’s Web site at http:// and Wildlife Service, MS: BPHC, 5275 find that 16 petitions present substantial ecos.fws.gov. Supporting information in Leesburg Pike; Falls Church, VA 22041– scientific or commercial information preparing these findings is available for indicating that the petitioned actions public inspection, by appointment, 3803. may be warranted. Therefore, with the during normal business hours by We request that you send information publication of this document, we contacting the appropriate person, as only by the methods described above. announce that we plan to initiate a specified under Table 3 in We will post all information received on review of the status of these species to SUPPLEMENTARY INFORMATION. If you http://www.regulations.gov. This determine if the petitioned actions are have new information concerning the generally means that we will post any warranted. To ensure that these status status of, or threats to, any of these personal information you provide us reviews are comprehensive, we are species or their habitats, please submit (see Request for Information for Status requesting scientific and commercial that information to the person listed Reviews for more information). data and other information regarding under Table 3 in SUPPLEMENTARY FOR FURTHER INFORMATION CONTACT: See these species. Based on the status INFORMATION. Table 3 in SUPPLEMENTARY INFORMATION reviews, we will issue 12-month Status reviews: You may submit for specific people to contact for each findings on the petitions, which will information on species for which a species. address whether the petitioned action is status review is being initiated by one SUPPLEMENTARY INFORMATION: warranted, as provided in section of the following methods: 4(b)(3)(B) of the Act. (1) Electronically: Go to the Federal Not Substantial Findings DATES: When we conduct status eRulemaking Portal: http:// The not-substantial petition findings reviews, we will consider all www.regulations.gov. In the Search box, announced in this document are listed information that we have received. To enter the appropriate docket number in Table 1 below, and are available on ensure that we will have adequate time (see Table 2 in SUPPLEMENTARY http://www.regulations.gov under the to consider submitted information INFORMATION). You may submit appropriate docket number, or on the during the status reviews, we request information by clicking on ‘‘Comment Service’s Web site at http://ecos.fws.gov.

TABLE 1—LIST OF NOT-SUBSTANTIAL FINDINGS

Common name Docket No. URL to docket in Regulations.gov

Acuna cactus—delist ...... FWS–R2–ES–2016–0025 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0025. Arizona night ...... FWS–R2–ES–2015–0075 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2015-0075. Arizona wetsalts tiger beetle .... FWS–R2–ES–2016–0027 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0027. Bezy’s night lizard ...... FWS–R2–ES–2015–0076 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2015-0076. Cheoah Bald ...... FWS–R4–ES–2015–0081 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0081. Cow Knob salamander ...... FWS–R5–ES–2015–0084 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R5-ES-2015-0084. MacDougal’s yellowtops ...... FWS–R2–ES–2016–0033 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0033. Monito ...... FWS–R4–ES–2016–0034 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2016-0034. Navasota ladies-tresses—delist FWS–R2–ES–2016–0035 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0035. Patagonia eyed silkmoth ...... FWS–R2–ES–2016–0036 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0036. Reticulate collared lizard ...... FWS–R2–ES–2015–0109 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0109. South Mountain gray-cheeked FWS–R4–ES–2015–0117 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0117. salamander. Southern dusky salamander ..... FWS–R4–ES–2016–0038 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2016-0038.

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 14060 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

Substantial Findings List of Substantial Findings The list of substantial findings is given below in Table 2.

TABLE 2—LIST OF SUBSTANTIAL FINDINGS FOR WHICH A STATUS REVIEW IS BEING INITIATED.

Common name Docket No. URL to docket in Regulations.gov

African elephant—reclassify ..... FWS–HQ–ES–2016–0010 ...... http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0010. American burying beetle—delist FWS–R2–ES–2016–0011 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0011. Chinese pangolin ...... FWS–HQ–ES–2016–0012 ...... http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0012. Deseret milkvetch—delist ...... FWS–R6–ES–2016–0013 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2016-0013. Giant ground pangolin ...... FWS–HQ–ES–2016–0014 ...... http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0014. Indian pangolin ...... FWS–HQ–ES–2016–0015 ...... http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0015. Leoncita false-foxglove ...... FWS–R2–ES–2016–0016 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0016. Long-tailed pangolin ...... FWS–HQ–ES–2016–0017 ...... http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0017. Philippine pangolin ...... FWS–HQ–ES–2016–0018 ...... http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0018. Rio Grande chub ...... FWS–R2–ES–2016–0019 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0019. Rio Grande sucker ...... FWS–R2–ES–2016–0020 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0020. Southwestern willow FWS–R2–ES–2016–0039 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0039. flycatcher—delist. Sunda pangolin ...... FWS–HQ–ES–2016–0021 ...... http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0021. Tree pangolin ...... FWS–HQ–ES–2016–0022 ...... http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0022. Western bumble bee ...... FWS–R6–ES–2016–0023 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2016-0023. Yellow-banded bumble bee ...... FWS–R5–ES–2016–0024 ...... http://www.regulations.gov/#!docketDetail;D=FWS-R5-ES-2016-0024.

Request for Information for Status (c) Disease or predation (Factor C); definition of ‘‘critical habitat’’ at section Reviews (d) The inadequacy of existing 3(5) of the Act. When we make a finding that a regulatory mechanisms (Factor D); or Please include sufficient information petition presents substantial (e) Other natural or manmade factors with your submission (such as scientific information indicating that listing, affecting its continued existence (Factor journal articles or other publications) to reclassification, or delisting a species E). allow us to verify any scientific or may be warranted, we are required to (3) The potential effects of climate commercial information you include. review the status of the species (status change on the species and its habitat, Submissions merely stating support review). For the status review to be and the extent to which it affects the for or opposition to the actions under complete and based on the best habitat or range of the species. consideration without providing available scientific and commercial If, after the status review, we supporting information, although noted, information, we request information on determine that listing is warranted, we will not be considered in making a these species from governmental will propose critical habitat (see determination. Section 4(b)(1)(A) of the agencies, Native American Tribes, the definition in section 3(5)(A) of the Act) Act directs that determinations as to scientific community, industry, and any for domestic (U.S.) species under whether any species is an endangered or other interested parties. We seek section 4 of the Act, to the maximum threatened species must be made information on: extent prudent and determinable at the ‘‘solely on the basis of the best scientific (1) The species’ biology, range, and time we propose to list the species. and commercial data available.’’ population trends, including: Therefore, we also request data and You may submit your information (a) Habitat requirements; information for the species listed in concerning these status reviews by one (b) Genetics and ; Table 2 (to be submitted as provided for ADDRESSES (c) Historical and current range, of the methods listed in the in the ADDRESSES section) on: section. If you submit information via including distribution patterns; and (1) What may constitute ‘‘physical or (d) Historical and current population http://www.regulations.gov, your entire biological features essential to the levels, and current and projected trends. submission—including any personal (2) The five factors that are the basis conservation of the species,’’ within the identifying information—will be posted for making a listing, reclassification, or geographical range occupied by the on the Web site. If you submit a delisting determination for a species species; hardcopy that includes personal under section 4(a) of the Act (16 U.S.C. (2) Where these features are currently identifying information, you may 1531 et seq.), including past and found; request at the top of your document that ongoing conservation measures that (3) Whether any of these features may we withhold this personal identifying could decrease the extent to which one require special management information from public review. or more of the factors affect the species, considerations or protection; However, we cannot guarantee that we its habitat, or both. The five factors are: (4) Specific areas outside the will be able to do so. We will post all (a) The present or threatened geographical area occupied by the hardcopy submissions on http:// destruction, modification, or species that are ‘‘essential for the www.regulations.gov. conservation of the species’’; and curtailment of its habitat or range Contacts (Factor A); (5) What, if any, critical habitat you (b) Overutilization for commercial, think we should propose for designation Contact information is provided recreational, scientific, or educational if the species is proposed for listing, and below in Table 3 for both substantial purposes (Factor B); why such habitat falls within the and not-substantial findings.

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules 14061

TABLE 3—CONTACTS

Common name Contact person

Acuna cactus ...... Brady McGee, 505–248–6657; [email protected]. African elephant ...... Jessica Evans, 703–358–2141; [email protected]. American burying beetle ...... Brady McGee, 505–248–6657; [email protected]. Arizona night lizard ...... Michelle Shaughnessy, 505–248–6920; [email protected]. Arizona wetsalts tiger beetle ...... Michelle Shaughnessy, 505–248–6920; [email protected]. Bezy’s night lizard ...... Michelle Shaughnessy, 505–248–6920; [email protected]. Cheoah Bald salamander ...... Sue Cameron, 828–258–3939; [email protected]. Chinese pangolin ...... Jessica Evans, 703–358–2141; [email protected]. Cow Knob salamander ...... Krishna Gifford, 413–253–8619; [email protected]. Deseret milkvetch ...... Larry Crist, 801–975–3330 x126; [email protected]. Giant ground pangolin ...... Jessica Evans, 703–358–2141; [email protected]. Indian pangolin ...... Jessica Evans, 703–358–2141; [email protected]. Leoncita false-foxglove ...... Michelle Shaughnessy, 505–248–6920; [email protected]. Long-tailed pangolin ...... Jessica Evans, 703–358–2141; [email protected]. MacDougal’s yellowtops ...... Michelle Shaughnessy, 505–248–6920; [email protected]. Monito skink ...... Andreas Moshogianis, 404–679–7119; [email protected]. Navasota ladies-tresses ...... Brady McGee, 505–248–6657; [email protected]. Patagonia eyed silkmoth ...... Michelle Shaughnessy, 505–248–6920; [email protected]. Philippine pangolin ...... Jessica Evans, 703–358–2141; [email protected]. Reticulate collared lizard ...... Michelle Shaughnessy, 505–248–6920; [email protected]. Rio Grande chub ...... Michelle Shaughnessy, 505–248–6920; [email protected]. Rio Grande sucker ...... Michelle Shaughnessy, 505–248–6920; [email protected]. South Mountain gray-cheeked salamander ...... Sue Cameron, 828–258–3939; [email protected]. Southern dusky salamander ...... Andreas Moshogianis, 404–679–7119; [email protected]. Southwestern willow flycatcher ...... Brady McGee, 505–248–6657; [email protected]. Sunda pangolin ...... Jessica Evans, 703–358–2141; [email protected]. Tree pangolin ...... Jessica Evans, 703–358–2141; [email protected]. Western bumble bee ...... Mark Sattelberg, 307–772–2374; [email protected]. Yellow-banded bumble bee ...... Krishna Gifford, 413–253–8619; [email protected]. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800–877–8339.

Background threatened species because of one or of an endangered or threatened species Section 4(b)(3)(A) of the Act requires more of the five factors described in under the Act. section 4(a)(1) of the Act (see Request that we make a finding on whether a Evaluation of a Petition To Remove the for Information for Status Reviews, petition to list, delist, or reclassify a Acuna Cactus From the List of above). species presents substantial scientific or Endangered and Threatened Wildlife commercial information indicating that In considering whether conditions the petitioned action may be warranted. described within one or more of the Additional information regarding our To the maximum extent practicable, we factors might constitute threats, we must review of this petition can be found as are to make this finding within 90 days look beyond the exposure of the species an appendix at http:// of our receipt of the petition and to those conditions to evaluate whether www.regulations.gov under Docket No. publish our notice of the finding the species may respond to the FWS–R2–ES–2016–0025 under the promptly in the Federal Register. conditions in a way that causes actual Supporting Documents section. impacts to the species. If there is Our regulations in the Code of Federal Species and Range Regulations (CFR) establish that the exposure to a condition and the species standard for substantial scientific or responds negatively, the condition Acuna cactus (Echinomastus commercial information with regard to qualifies as a stressor and, during the erectocentrus var. acunensis): Arizona; a 90-day petition finding is ‘‘that subsequent status review, we attempt to Mexico determine how significant the stressor amount of information that would lead Petition History a reasonable person to believe that the is. If the stressor is sufficiently measure proposed in the petition may significant that it drives, or contributes On October 21, 2014, we received a be warranted’’ (50 CFR 424.14(b)). If we to, the risk of extinction of the species petition dated October 8, 2014, from find that a petition presents substantial such that the species may warrant Freeport-McMoRan Minerals scientific or commercial information, listing as endangered or threatened as Corporation requesting the acuna cactus we are required to promptly commence those terms are defined in the Act, the be delisted under the Act due to invalid a review of the status of the species, and stressor constitutes a threat to the taxonomy, larger range than previously we will subsequently summarize the species. Thus, the identification of known, and lack of adequate monitoring status review in our 12-month finding. conditions that could affect a species and survey data resulting in overstated Section 4 of the Act (16 U.S.C. 1533) negatively may not be sufficient to decline in populations. The petition and its implementing regulations at 50 compel a finding that the information in clearly identified itself as such and CFR part 424 set forth the procedures the petition and our files is substantial. included the requisite identification for adding a species to, or removing a The information must include evidence information for the petitioner, required species from, the Federal Lists of sufficient to suggest that these at 50 CFR 424.14(a). In a December 18, Endangered and Threatened Wildlife conditions may be operative threats that 2014, letter to the petitioner, we and Plants. A species may be act on the species to a sufficient degree responded that we received the petition. determined to be an endangered or that the species may meet the definition This finding addresses the petition.

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 14062 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

Finding that we had reviewed the information Evaluation of a Petition To Remove the Based on our review of the petition presented in the petition and did not American Burying Beetle From the List and sources cited in the petition, we find that the petition warranted an of Endangered and Threatened Wildlife find that the petition does not present emergency listing under section 4(b)(7) Additional information regarding our substantial scientific or commercial of the Act. review of this petition can be found as information indicating that the On June 10, 2015, we received a an appendix at http:// petitioned action (delisting) may be second petition dated June 10, 2015, www.regulations.gov under Docket No. warranted for the acuna cactus from the Center for Biological Diversity (Echinomastus erectocentrus var. (CBD) requesting that the listed African FWS–R2–ES–2016–0011 under the acunensis). Because the petition does elephant be reclassified from a single Supporting Documents section. not present substantial information species (Loxodonta africana) into two Species and Range indicating that delisting the acuna separate species, forest elephants cactus may be warranted, we are not (Loxodonta cyclotis) and savannah American burying beetle initiating a status review of this species elephants (Loxodonta africana); the (Nicrophorus americanus): Arkansas, in response to this petition. The basis petition also requested to have both Kansas, Massachusetts, Missouri, and scientific support for this finding species reclassified as endangered Nebraska, Oklahoma, Rhode Island, can be found as an appendix at http:// species under the Act. The petition South Dakota, and Texas www.regulations.gov under Docket No. clearly identified itself as such and FWS–R2–ES–2016–0025 under the included the requisite identification Petition History Supporting Documents section. information for the petitioner, required On August 18, 2015, we received a However, we ask that the public submit at 50 CFR 424.14(a). In a June 17, 2015, petition dated August 18, 2015, via to us any new information that becomes letter to the petitioner, we responded electronic mail from American Stewards available concerning the status of, or that we had reviewed the information of Liberty, the Independent Petroleum threats to, this species or its habitat at presented in the petition and did not Association of America, the Texas any time (see Table 3 in SUPPLEMENTARY find that the petition warranted an Public Policy Foundation, and Dr. INFORMATION). emergency listing under section 4(b)(7) Steven W. Carothers (petitioners) of the Act. Evaluation of Two Petitions To requesting that the American burying Reclassify the African Elephant From a As both petitions requested the same beetle be delisted under the Act due to Threatened Species to an Endangered action for the same species, this finding error in information such that the Species Under the Act will address both petitions. existence or magnitude of threats to the Additionally, although CBD requested species, or both, do not support a Additional information regarding our that the listed African elephant be review of these petitions can be found conclusion that the species is at risk of reclassified from a single species extinction now or in the foreseeable as an appendix at http:// (Loxodonta africana) into two separate www.regulations.gov under Docket No. future. The petition clearly identified species, the forest elephants (Loxodonta itself as a petition and included the FWS–HQ–ES–2016–0010 under the cyclotis) and the savannah elephants Supporting Documents section. requisite identification information for (Loxodonta africana), a taxonomic the petitioner, as required by 50 CFR Species and Range change is beyond the scope of our initial 424.14(a). This finding addresses the African elephant (Loxodonta 90-day finding, and we will instead petition. africana): Angola; Benin; Botswana; consider whether such a change is Burkina Faso; Cameroon; Central warranted as part of our status review Finding and 12-month finding for the species. African Republic; Chad; Congo; Based on our review of the petition Democratic Republic of the Congo; Coˆte Finding and sources cited in the petition, we d’Ivoire; Equatorial Guinea; Eritrea; find that the petition presents Ethiopia; Gabon; Ghana; Guinea; Based on our review of the petition and sources cited in the petition, we substantial scientific or commercial Guinea-Bissau; Kenya; Liberia; Malawi; information indicating that the Mali; Mozambique; Namibia; Niger; find that the petition presents petitioned action (delisting) may be Nigeria; Rwanda; Senegal; Sierra Leone; substantial scientific or commercial warranted for the American burying Somalia; South Africa; South Sudan; information indicating that listing the beetle (Nicrophorus americanus), based Swaziland; Tanzania; Togo; Uganda; African elephant (Loxodonta africana) on a lack of threats under any of the five Zambia; Zimbabwe may be warranted based on Factors A, B, D, and E. However, during our status listing factors. However, during our Petitions History review, we will thoroughly evaluate all status review, we will thoroughly On February 12, 2015, we received an potential threats to the species, evaluate all potential threats to the electronic petition dated February 11, including the extent to which any species, including the extent to which 2015, from the International Fund for protections or other conservation efforts any protections or other conservation Welfare, Humane Society have reduced those threats. Thus, for efforts have reduced those threats. Thus, International, Humane Society of the this species, the Service requests any for this species, the Service requests any United States, and Fund for information relevant to whether the information relevant to whether the requesting that the African elephant species falls within the definition of species falls within the definition of (Loxodonta africana) be reclassified either an endangered species under either an endangered species under from threatened status to endangered section 3(6) of the Act or a threatened section 3(6) of the Act or a threatened status under the Act. The petition species under section 3(20), including species under section 3(20), including clearly identified itself as such and information on the five listing factors information on the five listing factors included the requisite identification under section 4(a)(1) and any other under section 4(a)(1) and any other information for the petitioner, required factors identified in this finding (see factors identified in this finding (see at 50 CFR 424.14(a). In a June 17, 2015, Request for Information for Status Request for Information for Status letter to the petitioner, we responded Reviews, above). Reviews, above).

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules 14063

Evaluation of a Petition To List the Arizona and Utah. This is a subspecies endangered or threatened and that Arizona Night Lizard as an Endangered of the wetsalts tiger beetle (Cicindela critical habitat be designated under the or Threatened Species Under the Act haemorrhagica). Act. The petition clearly identified itself as such and included the requisite Additional information regarding our Petition History review of this petition can be found as identification information for the an appendix at http:// On May 1, 2015, we received a petitioner, required at 50 CFR 424.14(a). www.regulations.gov under Docket No. petition dated May 1, 2015, from CBD This finding addresses Bezy’s night FWS–R2–ES–2015–0075 under the requesting that the Arizona wetsalts lizard. Supporting Documents section. tiger beetle be listed as threatened or endangered under the Act. The petition Finding Species and Range clearly identified itself as such and Based on our review of the petition Arizona night lizard (Xantusia included the requisite identification and sources cited in the petition, we arizonae): Arizona information for the petitioner, required find that the petition does not present at 50 CFR 424.14(a). In a June 4, 2015, substantial scientific or commercial Petition History letter to the petitioner, we responded information indicating that the On July 11, 2012, we received a that we had reviewed the information petitioned action may be warranted for petition dated July 11, 2012, from CBD presented in the petition and did not Bezy’s night lizard (Xantusia bezyi). requesting that 53 species of find that the petition warranted an Because the petition does not present and , including the Arizona emergency listing under section 4(b)(7) substantial information indicating that night lizard, be listed under the Act as of the Act. This finding addresses the listing Bezy’s night lizard may be endangered or threatened and that petition. warranted, we are not initiating a status critical habitat be designated under the review of this species in response to this Finding Act. The petition clearly identified itself petition. The basis and scientific as such and included the requisite Based on our review of the petition support for this finding can be found as identification information for the and sources cited in the petition, we an appendix at http:// petitioner, required at 50 CFR 424.14(a). find that the petition does not present www.regulations.gov under Docket No. This finding addresses the Arizona substantial scientific or commercial FWS–R2–ES–2015–0076 under the night lizard. information indicating that the Supporting Documents section. petitioned action may be warranted for Finding However, we ask that the public submit the Arizona wetsalts tiger beetle to us any new information that becomes Based on our review of the petition (Cicindela haemorrhagica arizonae). available concerning the status of, or and sources cited in the petition, we Because the petition does not present threats to, this species or its habitat at find that the petition does not present substantial information indicating that any time (see Table 3 in SUPPLEMENTARY substantial scientific or commercial listing the Arizona wetsalts tiger beetle INFORMATION). information indicating that the may be warranted, we are not initiating petitioned action may be warranted for a status review of this species in Evaluation of a Petition To List the the Arizona night lizard (Xantusia response to this petition. The basis and Cheoah Bald Salamander as an arizonae). Because the petition does not scientific support for this finding can be Endangered or Threatened Species present substantial information found as an appendix at http:// Under the Act indicating that listing the Arizona night www.regulations.gov under Docket No. Additional information regarding our lizard may be warranted, we are not FWS–R2–ES–2016–0027 under the review of this petition can be found as initiating a status review of this species Supporting Documents section. an appendix at http:// in response to this petition. The basis However, we ask that the public submit www.regulations.gov under Docket No. and scientific support for this finding to us any new information that becomes FWS–R4–ES–2015–0081 under the can be found as an appendix at http:// available concerning the status of, or Supporting Documents section. www.regulations.gov under Docket No. threats to, this species or its habitat at Species and Range FWS–R2–ES–2015–0075 under the any time (see Table 3 in SUPPLEMENTARY Supporting Documents section. INFORMATION). Cheoah Bald salamander ( However, we ask that the public submit cheoah): North Carolina Evaluation of a Petition To List Bezy’s to us any new information that becomes Petition History available concerning the status of, or Night Lizard as an Endangered or threats to, this species or its habitat at Threatened Species Under the Act On July 11, 2012, we received a any time (see Table 3 in SUPPLEMENTARY Additional information regarding our petition dated July 11, 2012, from CBD INFORMATION). review of this petition can be found as requesting that 53 species of reptiles an appendix at http:// and amphibians, including the Cheoah Evaluation of a Petition To List the www.regulations.gov under Docket No. Bald salamander, be listed under the Arizona Wetsalts Tiger Beetle as an FWS–R2–ES–2015–0076 under the Act as endangered or threatened and Endangered or Threatened Species Supporting Documents section. that critical habitat be designated under Under the Act the Act. The petition clearly identified Additional information regarding our Species and Range itself as such and included the requisite review of this petition can be found as Bezy’s night lizard (Xantusia bezyi): identification information for the an appendix at http:// Arizona petitioner, required at 50 CFR 424.14(a). www.regulations.gov under Docket No. This finding addresses the Cheoah Bald Petition History FWS–R2–ES–2016–0027 under the salamander. Supporting Documents section. On July 11, 2012, we received a petition dated July 11, 2012, from CBD Finding Species and Range requesting that 53 species of reptiles Based on our review of the petition Arizona wetsalts tiger beetle and amphibians, including Bezy’s night and sources cited in the petition, we (Cicindela haemorrhagica arizonae): lizard, be listed under the Act as find that the petition does not present

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 14064 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

substantial scientific or commercial On July 15, 2015, we electronically Evaluation of a Petition To List the Cow information indicating that the received a second petition from CBD, Knob Salamander as an Endangered or petitioned action may be warranted for IFAW, HSUS, and BFUSA requesting Threatened Species Under the Act the Cheoah Bald salamander (Plethodon that the Service list the same seven cheoah). Because the petition does not species of pangolin (Chinese pangolin Additional information regarding our present substantial information (Manis pentadactyla), Sunda pangolin review of this petition can be found as indicating that listing the Cheoah Bald (M. javanica), Philippine pangolin (M. an appendix at http:// salamander may be warranted, we are culionensis), Indian pangolin (M. www.regulations.gov under Docket No. not initiating a status review of this crassicaudata), tree pangolin (M. FWS–R5–ES–2015–0084 under the species in response to this petition. The tricuspis), giant ground pangolin (M. Supporting Documents section. basis and scientific support for this gigantean), and the long-tailed pangolin Species and Range finding can be found as an appendix at (M. tetradactyla)) as an endangered http://www.regulations.gov under species under the similarity of Cow Knob (or white-spotted) Docket No. FWS–R4–ES–2015–0081 appearance provisions of the Act salamander (Plethodon punctatus): under the Supporting Documents (section 4(e)), based upon the Virginia, West Virginia section. However, we ask that the public petitioners’ claim of these species’ submit to us any new information that similarity of appearance to the currently Petition History becomes available concerning the status listed Temminck’s ground pangolin of, or threats to, this species or its (Manis temminckii). The petition clearly On July 11, 2012, we received a habitat at any time (see Table 3 in identified itself as such and included petition dated July 11, 2012, from CBD SUPPLEMENTARY INFORMATION). the requisite identification information requesting that 53 species of reptiles for the petitioner, required at 50 CFR and amphibians, including the Cow Evaluation of Two Petitions To List the 424.14(a). In an August 17, 2015, letter Knob (or white-spotted) salamander, be Chinese Pangolin Under the to the petitioner, we responded that we listed under the Act as endangered or Endangered Species Act had reviewed the information presented threatened and that critical habitat be Additional information regarding our in the petition and did not find that the designated under the Act. The petition review of these petitions can be found petition warranted an emergency listing clearly identified itself as such and as an appendix at http:// under section 4(b)(7) of the Act. included the requisite identification www.regulations.gov under Docket No. As both petitions address the seven information for the petitioner, required FWS–HQ–ES–2016–0012 under the unlisted species of pangolin, we are at 50 CFR 424.14(a). This finding Supporting Documents section. combining the petitioned actions (listing addresses the Cow Knob salamander. each species as either threatened or Species and Range Finding endangered either based on the five Chinese pangolin (Manis factors under section 4(a)(1) of the Act Based on our review of the petition pentadactyla): Himalayan foothills, or due to a similarity of appearance and sources cited in the petition, we northern India; southern Bhutan; under section 4(e) of the Act) into a find that the petition does not present northeastern Bangladesh; northern Lao single 90-day finding for each species. substantial scientific or commercial PDR; southern China; Taiwan; Hong The requested action for listing based on information indicating that the Kong SAR; northern Viet Nam; similarity of appearance (section 4(e)) petitioned action may be warranted for northwest Thailand; and northern and will be considered under Factor E of the Cow Knob (or white-spotted) western Myanmar each finding. salamander (Plethodon punctatus). Petitions History This finding addresses the Chinese Because the petition does not present pangolin (Manis pentadactyla). On July 15, 2015, we electronically substantial information indicating that received a petition from Born Free USA Finding listing the Cow Knob salamander may (BFUSA), CBD, Humane Society Based on our review of the petition be warranted, we are not initiating a International (HSI), The Humane and sources cited in the petition, we status review of this species in response Society of the United States (HSUS), find that the petition presents to this petition. The basis and scientific and the International Fund for Animal substantial scientific or commercial support for this finding can be found as Welfare (IFAW), requesting that we list information indicating that listing the an appendix at http:// seven species of pangolin (Chinese Chinese pangolin (Manis pentadactyla) www.regulations.gov under Docket No. pangolin (Manis pentadactyla), Sunda may be warranted based on Factors A, FWS–R5–ES–2015–0084 under the pangolin (M. javanica), Philippine B, D, and E. However, during our status Supporting Documents section. pangolin (M. culionensis), Indian review, we will thoroughly evaluate all However, we ask that the public submit pangolin (M. crassicaudata), tree potential threats to the species, to us any new information that becomes pangolin (M. tricuspis), giant ground including the extent to which any available concerning the status of, or pangolin (M. gigantean), and the long- protections or other conservation efforts threats to, this species or its habitat at tailed pangolin (M. tetradactyla)) as have reduced those threats. Thus, for any time (see Table 3 in SUPPLEMENTARY endangered species under the Act. The this species, the Service requests any INFORMATION). petition clearly identified itself as such information relevant to whether the Evaluation of a Petition To Remove the and included the requisite identification species falls within the definition of Deseret Milkvetch From the List of information for the petitioner, required either an endangered species under Endangered and Threatened Wildlife at 50 CFR 424.14(a). In an August 17, section 3(6) of the Act or a threatened 2015, letter to the petitioner, we species under section 3(20), including Additional information regarding our responded that we had reviewed the information on the five listing factors review of this petition can be found as information presented in the petition under section 4(a)(1) and any other an appendix at http:// and did not find that the petition factors identified in this finding (see www.regulations.gov under Docket No. warranted an emergency listing under Request for Information for Status FWS–R6–ES–2016–0013 under the section 4(b)(7) of the Act. Reviews, above). Supporting Documents section.

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules 14065

Species and Range HSI, HSUS, and IFAW requesting that information indicating that listing the Deseret milkvetch (Astragalus we list seven species of pangolin giant ground pangolin (Manis gigantean) desereticus): Utah (Chinese pangolin (Manis pentadactyla), may be warranted based on Factors A, Sunda pangolin (M. javanica), B, D, and E. However, during our status Petition History Philippine pangolin (M. culionensis), review, we will thoroughly evaluate all We received a petition dated October Indian pangolin (M. crassicaudata), tree potential threats to the species, 6, 2015, from Western Area Power pangolin (M. tricuspis), giant ground including the extent to which any Administration requesting that Deseret pangolin (M. gigantean), and the long- protections or other conservation efforts milkvetch (currently listed as tailed pangolin (M. tetradactyla)) as have reduced those threats. Thus, for threatened), be delisted under the Act endangered species under the Act. The this species, the Service requests any due to new information. The petition petition clearly identified itself as such information relevant to whether the clearly identified itself as such and and included the requisite identification species falls within the definition of included the requisite identification information for the petitioner, required either an endangered species under information for the petitioner, required at 50 CFR 424.14(a). In an August 17, section 3(6) of the Act or a threatened at 50 CFR 424.14(a). This finding 2015, letter to the petitioner, we species under section 3(20), including addresses the petition. responded that we reviewed the information on the five listing factors information presented in the petition under section 4(a)(1) and any other the Finding and did not find that the petition factors identified in this finding (see Based on our review of the petition warranted an emergency listing under Request for Information for Status and sources cited in the petition, we section 4(b)(7) of the Act. Reviews, above). find that the petition presents On July 15, 2015, we electronically substantial scientific or commercial received a second petition from CBD, Evaluation of Two Petitions To List the information indicating that the IFAW, HSI, HSUS, and BFUSA Indian Pangolin Under the Endangered petitioned action (delisting) may be requesting that the Service list the same Species Act warranted for the Deseret milkvetch seven species of pangolin (Chinese Additional information regarding our (Astragalus desereticus), based on a lack pangolin (Manis pentadactyla), Sunda review of these petitions can be found of threats under any of the five listing pangolin (M. javanica), Philippine as an appendix at http:// factors. However, during our status pangolin (M. culionensis), Indian www.regulations.gov under Docket No. review, we will thoroughly evaluate all pangolin (M. crassicaudata), tree FWS–HQ–ES–2016–0015 under the potential threats to the species, pangolin (M. tricuspis), giant ground Supporting Documents section. pangolin (M. gigantean), and the long- including the extent to which any Species and Range protections or other conservation efforts tailed pangolin (M. tetradactyla)) as an have reduced those threats. Thus, for endangered species under the similarity Indian pangolin (Manis this species, the Service requests of appearance provisions of the Act crassicaudata): Bangladesh; India; information relevant to whether the (section 4(e)), based upon the Nepal; Pakistan; Sri Lanka species falls within the definition of petitioners’ claim of these species’ Petitions History either an endangered species under similarity of appearance to the currently On July 15, 2015, we electronically section 3(6) of the Act or a threatened listed Temminck’s ground pangolin received a petition from BFUSA, CBD, species under section 3(20), including (Manis temminckii). The petition clearly HSI, HSUS, and IFAW requesting that information on the five listing factors identified itself as such and included we list seven species of pangolin under section 4(a)(1) and any other the requisite identification information (Chinese pangolin (Manis pentadactyla), factors identified in this finding (see for the petitioner, required at 50 CFR Sunda pangolin (M. javanica), Request for Information for Status 424.14(a). In an August 17, 2015, letter Philippine pangolin (M. culionensis), Reviews, above). to the petitioner, we responded that we had reviewed the information presented Indian pangolin (M. crassicaudata), tree Evaluation of Two Petitions To List the in the petition and did not find that the pangolin (M. tricuspis), giant ground Giant Ground Pangolin Under the petition warranted an emergency listing pangolin (M. gigantean), and the long- Endangered Species Act under section 4(b)(7) of the Act. tailed pangolin (M. tetradactyla)) as Additional information regarding our As both petitions address the seven endangered species under the Act. The review of these petitions can be found unlisted species of pangolin, we are petition clearly identified itself as such as an appendix at http:// combining the petitioned actions (listing and included the requisite identification www.regulations.gov under Docket No. each species as either threatened or information for the petitioner, required FWS–HQ–ES–2016–0014 under the endangered either based on the five at 50 CFR 424.14(a). In an August 17, Supporting Documents section. factors under section 4(a)(1) of the Act 2015, letter to the petitioner, we or due to a similarity of appearance responded that we had reviewed the Species and Range under section 4(e) of the Act) into a information presented in the petition Giant ground pangolin (Manis single 90-day finding for each species. and did not find that the petition gigantean): Cameroon; Central African The requested action for listing based on warranted an emergency listing under Republic; Congo; Congo, The similarity of appearance (section 4(e)) section 4(b)(7) of the Act. Democratic Republic of the; Coˆte will be considered under Factor E of On July 15, 2015, we electronically d’Ivoire; Equatorial Guinea (Bioko, each finding. received a second petition from CBD, Equatorial Guinea (mainland)); Gabon; This finding addresses the giant IFAW, HSI, HSUS, and BFUSA Ghana; Guinea; Guinea-Bissau; Liberia; ground pangolin (Manis gigantean). requesting that the Service list the same Senegal; Sierra Leone; Tanzania, United seven species of pangolin (Chinese Finding Republic of; Uganda pangolin (Manis pentadactyla), Sunda Based on our review of the petition pangolin (M. javanica), Philippine Petitions History and sources cited in the petition, we pangolin (M. culionensis), Indian On July 15, 2015, we electronically find that the petition presents pangolin (M. crassicaudata), tree received a petition from BFUSA, CBD, substantial scientific or commercial pangolin (M. tricuspis), giant ground

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 14066 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

pangolin (M. gigantean), and the long- FWS–R2–ES–2016–0016 under the Guinea (mainland)); Gabon; Ghana; tailed pangolin (M. tetradactyla)) as an Supporting Documents section. Liberia; Nigeria; Sierra Leone endangered species under the similarity Species and Range Petitions History of appearance provisions of the Act (section 4(e)), based upon the Leoncita false-foxglove (Agalinis On July 15, 2015, we electronically petitioners’ claim of the species’ calycina): New Mexico, Texas; Mexico received a petition from BFUSA, CBD, HSI, HSUS, and IFAW requesting that similarity of appearance to the currently Petition History listed Temminck’s ground pangolin we list seven species of pangolin (Manis temminckii). The petition clearly On September 19, 2012, we received (Chinese pangolin (Manis pentadactyla), identified itself as such and included a petition dated September 6, 2012, Sunda pangolin (M. javanica), the requisite identification information from The Native Plant Society of New Philippine pangolin (M. culionensis), for the petitioner, required at 50 CFR Mexico requesting that Leoncita false- Indian pangolin (M. crassicaudata), tree 424.14(a). In an August 17, 2015, letter foxglove be listed as endangered and pangolin (M. tricuspis), giant ground to the petitioner, we responded that we critical habitat be designated for this pangolin (M. gigantean), and the long- had reviewed the information presented species under the Act. The petition tailed pangolin (M. tetradactyla)) as in the petition and did not find that the clearly identified itself as such and endangered species under the Act. The petition warranted an emergency listing included the requisite identification petition clearly identified itself as such under section 4(b)(7) of the Act. information for the petitioner, required and included the requisite identification information for the petitioner, required As both petitions address the seven at 50 CFR 424.14(a). In a July 1, 2013, at 50 CFR 424.14(a). In an August 17, unlisted species of pangolin, we are letter to the petitioner, we responded 2015, letter to the petitioner, we combining the petitioned actions (listing that we had reviewed the information responded that we had reviewed the each species as either threatened or presented in the petition and did not information presented in the petition endangered either based on the five find that the petition warranted an and did not find that the petition factors under section 4(a)(1) of the Act emergency listing under section 4(b)(7) warranted an emergency listing under or due to a similarity of appearance of the Act. This finding addresses the petition. section 4(b)(7) of the Act. under section 4(e) of the Act) into a On July 15, 2015, we electronically single 90-day finding for each species. Finding received a second petition from CBD, The requested action for listing based on Based on our review of the petition IFAW, HSI, HSUS, and BFUSA similarity of appearance (section 4(e)) and sources cited in the petition, we requesting that the Service list the same will be considered under Factor E of find that the petition presents seven species of pangolin (Chinese each finding. substantial scientific or commercial pangolin (Manis pentadactyla), Sunda This finding addresses the Indian information indicating that listing the pangolin (M. javanica), Philippine pangolin (Manis crassicaudata). Leoncita false-foxglove (Agalinis pangolin (M. culionensis), Indian Finding calycina) may be warranted, based on pangolin (M. crassicaudata), tree Factors A, D, and E. However, during pangolin (M. tricuspis), giant ground Based on our review of the petition our status review, we will thoroughly pangolin (M. gigantean), and the long- and sources cited in the petition, we evaluate all potential threats to the tailed pangolin (M. tetradactyla)) as an find that the petition presents species, including the extent to which endangered species under the similarity substantial scientific or commercial any protections or other conservation of appearance provisions of the Act information indicating that listing the efforts have reduced those threats. Thus, (section 4(e)), based upon the Indian pangolin (Manis crassicaudata) for this species, the Service requests any petitioners’ claim of the species’ may be warranted based on Factors A, information relevant to whether the similarity of appearance to the currently B, D, and E. However, during our status species falls within the definition of listed Temminck’s ground pangolin review, we will thoroughly evaluate all either an endangered species under (Manis temminckii). The petition clearly potential threats to the species, section 3(6) of the Act or a threatened identified itself as such and included including the extent to which any species under section 3(20), including the requisite identification information protections or other conservation efforts information on the five listing factors for the petitioner, required at 50 CFR have reduced those threats. Thus, for under section 4(a)(1) and any other 424.14(a). In an August 17, 2015, letter this species, the Service requests any factors identified in this finding (see to the petitioners, we responded that we information relevant to whether the Request for Information for Status had reviewed the information presented species falls within the definition of Reviews, above). in the petition and did not find that the either an endangered species under petition warranted an emergency listing section 3(6) of the Act or a threatened Evaluation of Two Petitions To List the under section 4(b)(7) of the Act. species under section 3(20), including Long-tailed Pangolin Under the As both petitions address the seven information on the five listing factors Endangered Species Act unlisted species of pangolin, we are under section 4(a)(1) and any other Additional information regarding our combining the petitioned actions (listing factors identified in this finding (see review of these petitions can be found each species as either threatened or Request for Information for Status as an appendix at http:// endangered either based on the five Reviews, above). www.regulations.gov under Docket No. factors under section 4(a)(1) of the Act Evaluation of a Petition To List the FWS–HQ–ES–2016–0017 under the or due to a similarity of appearance Leoncita False-Foxglove as an Supporting Documents section. under section 4(e) of the Act) into a single 90-day finding for each species. Endangered or Threatened Species Species and Range Under the Act The requested action for listing based on Long-tailed pangolin (Manis similarity of appearance (section 4(e)) Additional information regarding our tetradactyla): Cameroon; Central African will be considered under Factor E of review of this petition can be found as Republic; Congo; Congo, The each finding. an appendix at http:// Democratic Republic of the; Coˆte This finding addresses the long-tailed www.regulations.gov under Docket No. d’Ivoire; Equatorial Guinea (Equatorial pangolin (Manis tetradactyla).

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules 14067

Finding Finding Greater Virgin Islands skink, and Lesser Saint Croix skink were addressed in a Based on our review of the petition Based on our review of the petition and sources cited in the petition, we separate finding, which was published and sources cited in the petition, we in the Federal Register on January 12, find that the petition presents find that the petition does not present substantial scientific or commercial 2016 (81 FR 1368). We will address the substantial scientific or commercial Lesser Virgin Islands skink in a separate information indicating that listing the information indicating that the petitioned action may be warranted for evaluation. This finding addresses the long-tailed pangolin (Manis Monito skink. tetradactyla) may be warranted based on MacDougal’s yellowtops (Flaveria Factors A, B, D, and E. However, during macdougalii). Because the petition does Finding our status review, we will thoroughly not present substantial information indicating that listing MacDougal’s Based on our review of the petition evaluate all potential threats to the yellowtops may be warranted, we are and sources cited in the petition, we species, including the extent to which not initiating a status review of this find that the petition does not present any protections or other conservation species in response to this petition. The substantial scientific or commercial efforts have reduced those threats. Thus, basis and scientific support for this information indicating that the for this species, the Service requests any finding can be found as an appendix at petitioned action may be warranted for information relevant to whether the http://www.regulations.gov under the Monito skink (Spondylurus species falls within the definition of Docket No. FWS–R2–ES–2016–0033 monitae). Because the petition does not either an endangered species under under the Supporting Documents present substantial information section 3(6) of the Act or a threatened section. However, we ask that the public indicating that listing the Monito skink species under section 3(20), including submit to us any new information that may be warranted, we are not initiating information on the five listing factors becomes available concerning the status a status review of this species in under section 4(a)(1) and any other of, or threats to, this species or its response to this petition. The basis and factors identified in this finding (see habitat at any time (see Table 3 in scientific support for this finding can be Request for Information for Status SUPPLEMENTARY INFORMATION). found as an appendix at http:// Reviews, above). www.regulations.gov under Docket No. Evaluation of a Petition To List the Evaluation of a Petition To List FWS–R4–ES–2016–0034 under the Monito Skink as an Endangered or Supporting Documents section. MacDougal’s Yellowtops as an Threatened Species Under the Act Endangered or Threatened Species However, we ask that the public submit Under the Act Additional information regarding our to us any new information that becomes review of this petition can be found as available concerning the status of, or Additional information regarding our an appendix at http:// threats to, this species or its habitat at review of this petition can be found as www.regulations.gov under Docket No. any time (see Table 3 in SUPPLEMENTARY an appendix at http:// FWS–R4–ES–2016–0034 under the INFORMATION). www.regulations.gov under Docket No. Supporting Documents section. Evaluation of a Petition To Remove FWS–R2–ES–2016–0033 under the Species and Range Navasota Ladies-Tresses From the List Supporting Documents section. Monito skink (Spondylurus monitae): of Endangered and Threatened Wildlife Species and Range Puerto Rico Additional information regarding our MacDougal’s Yellowtops (Flaveria Petition History review of this petition can be found as macdougalii): Arizona an appendix at http:// On February 11, 2014, we received a www.regulations.gov under Docket No. Petition History petition dated February 11, 2014, from FWS–R2–ES–2016–0035 under the CBD requesting that the Culebra skink Supporting Documents section. On May 1, 2015, we received a (Spondylurus culebrae), Mona Skink petition dated May 1, 2015, from CBD, (Spondylurus monae), Monito Skink Species and Range Tara Easter, and Robin Silver requesting (Spondylurus Monitoe), Lesser Virgin Navasota ladies-tresses (Spiranthes that MacDougal’s yellowtops (Flaveria Islands Skink (Spondylurus parksii): Texas macdougalii) be emergency listed as semitaeniatus), Virgin Islands Bronze threatened or endangered and critical Skink (Spondylurus sloanii), Puerto Petition History habitat be designated for the species Rican Skink (Spondylurus nitidus), On May 26, 2015, we received a under the Act. The petition clearly Greater Saint Croix Skink (Spondylurus petition dated May 26, 2015, by identified itself as such and included magnacruzae), Greater Virgin Islands electronic mail, from American the requisite identification information Skink (Spondylurus spilonotus), and Stewards of Liberty and Dr. Steve W. for the petitioner, required at 50 CFR Lesser Saint Croix Skink (Capitellum Carothers requesting that Navasota 424.14(a). Because the Act does not parvicruzae) be listed as endangered ladies-tresses be delisted under the Act provide for petitions to emergency list, and critical habitat be designated for due to error in information. The petition we are considering it as a petition to list these species under the Act. The clearly identified itself as a petition and MacDougal’s yellowtops. However, we petition clearly identified itself as such included the requisite identification did consider the immediacy of possible and included the requisite identification information for the petitioner, as threats to the species and whether information for the petitioner, required required by 50 CFR 424.14(a). This emergency listing may be necessary at at 50 CFR 424.14(a). We acknowledged finding addresses the petition. this time. In a June 4, 2015, letter to the receipt of this petition via email on petitioner, we responded that we had February 12, 2014. This finding Finding reviewed the information presented in addresses one of the nine species Based on our review of the petition the petition and did not find that the identified in the petition: the Monito and sources cited in the petition, we petition warranted an emergency listing skink. The Culebra skink, Greater Saint find that the petition does not present under section 4(b)(7) of the Act. This Croix skink, Mona skink, Puerto Rican substantial scientific or commercial finding addresses the petition. skink, Virgin Islands bronze skink, information indicating that the

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 14068 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

petitioned action (delisting) may be under the Supporting Documents had reviewed the information presented warranted for Navasota ladies-tresses section. However, we ask that the public in the petition and did not find that the (Spiranthes parksii). Because the submit to us any new information that petition warranted an emergency listing petition does not present substantial becomes available concerning the status under section 4(b)(7) of the Act. information indicating that delisting of, or threats to, this species or its As both petitions address the seven Navasota ladies-tresses may be habitat at any time (see Table 3 in unlisted species of pangolin, we are warranted, we are not initiating a status SUPPLEMENTARY INFORMATION). combining the petitioned actions (listing each species as either threatened or review of this species in response to this Evaluation of Two Petitions To List the endangered either based on the five petition. The basis and scientific Philippine Pangolin Under the factors under section 4(a)(1) of the Act support for this finding can be found as Endangered Species Act an appendix at http:// or due to a similarity of appearance www.regulations.gov under Docket No. Additional information regarding our under section 4(e) of the Act) into a FWS–R2–ES–2016–0035 under the review of these petitions can be found single 90-day finding for each species. Supporting Documents section. as an appendix at http:// The requested action for listing based on However, we ask that the public submit www.regulations.gov under Docket No. similarity of appearance (section 4(e)) to us any new information that becomes FWS–HQ–ES–2016–0018 under the will be considered under Factor E of available concerning the status of, or Supporting Documents section. each finding. threats to, this species or its habitat at Species and Range This finding addresses the Philippine any time (see Table 3 in SUPPLEMENTARY pangolin (Manis culionensis). Philippine pangolin (Manis INFORMATION). culionensis): Philippines Finding Evaluation of a Petition To List the Petitions History Based on our review of the petition Patagonia Eyed Silkmoth as an and sources cited in the petition, we Endangered or Threatened Species On July 15, 2015, we electronically find that the petition presents Under the Act received a petition from BFUSA, CBD, substantial scientific or commercial HSI, HSUS, and IFAW requesting that Additional information regarding our information indicating that listing the we list seven species of pangolin review of this petition can be found as Philippine pangolin (Manis culionensis) (Chinese pangolin (Manis pentadactyla), an appendix at http:// may be warranted based on Factors A, Sunda pangolin (M. javanica), www.regulations.gov under Docket No. B, D, and E. However, during our status Philippine pangolin (M. culionensis), FWS–R2–ES–2016–0036 under the review, we will thoroughly evaluate all Indian pangolin (M. crassicaudata), tree Supporting Documents section. potential threats to the species, pangolin (M. tricuspis), giant ground including the extent to which any Species and Range pangolin (M. gigantean), and the long- protections or other conservation efforts Patagonia eyed silkmoth (Automeris tailed pangolin (M. tetradactyla)) as have reduced those threats. Thus, for patagoniensis): Arizona; Mexico endangered species under the Act. The this species, the Service requests any petition clearly identified itself as such Petition History information relevant to whether the and included the requisite identification species falls within the definition of On June 29, 2015, we received a information for the petitioner, required either an endangered species under petition dated June 17, 2015, from at 50 CFR 424.14(a). In an August 17, section 3(6) of the Act or a threatened Defenders of Wildlife and Patagonia 2015, letter to the petitioner, we species under section 3(20), including Area Resource Alliance requesting that responded that we had reviewed the information on the five listing factors the Patagonia eyed silkmoth be listed as information presented in the petition under section 4(a)(1) and any other threatened or endangered and critical and did not find that the petition factors identified in this finding (see habitat be designated for this species warranted an emergency listing under Request for Information for Status under the Act. The petition clearly section 4(b)(7) of the Act. Reviews, above). identified itself as such and included On July 15, 2015, we electronically the requisite identification information received a second petition from CBD, Evaluation of a Petition To List the for the petitioner, required at 50 CFR IFAW, HSI, HSUS, and BFUSA Reticulate Collared Lizard as an 424.14(a). This finding addresses the requesting that the Service list the same Endangered or Threatened Species petition. seven species of pangolin (Chinese Under the Act pangolin (Manis pentadactyla), Sunda Finding Additional information regarding our pangolin (M. javanica), Philippine review of this petition can be found as Based on our review of the petition pangolin (M. culionensis), Indian an appendix at http:// and sources cited in the petition, we pangolin (M. crassicaudata), tree www.regulations.gov under Docket No. find that the petition does not present pangolin (M. tricuspis), giant ground FWS–R2–ES–2015–0109 under the substantial scientific or commercial pangolin (M. gigantean), and the long- Supporting Documents section. information indicating that the tailed pangolin (M. tetradactyla)) as an petitioned action may be warranted for endangered species under the similarity Species and Range the Patagonia eyed silkmoth (Automeris of appearance provisions of the Act Reticulate Collared Lizard patagoniensis). Because the petition (section 4(e)), based upon the (Crotaphytus reticulatus): Texas; Mexico does not present substantial information petitioners’ claim of the species’ indicating that listing the Patagonia similarity of appearance to the currently Petition History eyed silkmoth may be warranted, we are listed Temminck’s ground pangolin On July 11, 2012, we received a not initiating a status review of this (Manis temminckii). The petition clearly petition dated July 11, 2012, from CBD species in response to this petition. The identified itself as such and included requesting that 53 species of reptiles basis and scientific support for this the requisite identification information and amphibians, including the finding can be found as an appendix at for the petitioners, required at 50 CFR reticulate collared lizard, be listed http://www.regulations.gov under 424.14(a). In an August 17, 2015, letter under the Act as threatened or Docket No. FWS–R2–ES–2016–0036 to the petitioners, we responded that we endangered species and critical habitat

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules 14069

be designated under the Act. The warranted, based on Factors A, C, D, information on the five listing factors petition clearly identified itself as such and E. However, during our status under section 4(a)(1) and any other and included the requisite identification review, we will thoroughly evaluate all factors identified in this finding (see information for the petitioner, required potential threats to the species, Request for Information for Status at 50 CFR 424.14(a). This finding including the extent to which any Reviews, above). addresses the petition. protections or other conservation efforts have reduced those threats. Thus, for Evaluation of a Petition To List the Finding this species, the Service requests any South Mountain Gray-Cheeked Based on our review of the petition information relevant to whether the Salamander as an Endangered or and sources cited in the petition, we species falls within the definition of Threatened Species Under the Act find that the petition does not present either an endangered species under substantial scientific or commercial section 3(6) of the Act or a threatened Additional information regarding our information indicating that the species under section 3(20), including review of this petition can be found as petitioned action may be warranted for information on the five listing factors an appendix at http:// the reticulate collared lizard under section 4(a)(1) and any other www.regulations.gov under Docket No. (Crotaphytus reticulatus). Because the factors identified in this finding (see FWS–R4–ES–2015–0117 under the petition does not present substantial Request for Information for Status Supporting Documents section. information indicating that listing the Reviews, above). Species and Range reticulate collared lizard may be Evaluation of a Petition To List the Rio warranted, we are not initiating a status South Mountain gray-cheeked review of this species in response to this Grande Sucker as an Endangered or Threatened Species Under the Act salamander (Plethodon meridianus): petition. The basis and scientific North Carolina. support for this finding can be found as Additional information regarding our an appendix at http:// review of this petition can be found as Petition History www.regulations.gov under Docket No. an appendix at http:// FWS–R2–ES–2015–0109 under the www.regulations.gov under Docket No. On July 11, 2012, we received a Supporting Documents section. FWS–R2–ES–2016–0020 under the petition dated July 11, 2012, from CBD However, we ask that the public submit Supporting Documents section. requesting that 53 species of reptiles and amphibians, including the South to us any new information that becomes Species and Range available concerning the status of, or Mountain gray-cheeked salamander, be threats to, this species or its habitat at Rio Grande sucker (Catostomus listed under the Act as endangered or any time (see Table 3 in SUPPLEMENTARY plebeius): Colorado, New Mexico; threatened and that critical habitat be INFORMATION). Mexico. designated under the Act. The petition clearly identified itself as such and Evaluation of a Petition To List the Rio Petition History included the requisite identification Grande Chub as an Endangered or On October 3, 2014, we received a information for the petitioner, required Threatened Species Under the Act petition dated September 29, 2014, from at 50 CFR 424.14(a). This finding WildEarth Guardians requesting that Rio Additional information regarding our addresses the South Mountain gray- Grande sucker (also known as the Rio review of this petition can be found as cheeked salamander. an appendix at http:// Grande mountain-sucker, or matelote www.regulations.gov under Docket No. del bravo) be listed as threatened or Finding FWS–R2–ES–2016–0019 under the endangered and critical habitat be Supporting Documents section. designated for this species under the Based on our review of the petition Act. The petition clearly identified itself and sources cited in the petition, we Species and Range as such and included the requisite find that the petition does not present Rio Grande chub (Gila pandora): New identification information for the substantial scientific or commercial Mexico, Texas. petitioner, required at 50 CFR 424.14(a). information indicating that the This finding addresses the petition. petitioned action may be warranted for Petition History Finding the South Mountain gray-cheeked On September 30, 2013, we received salamander (Plethodon meridianus). a petition dated September 27, 2013, Based on our review of the petition Because the petition does not present from Wild Earth Guardians requesting and sources cited in the petition, we substantial information indicating that find that the petition presents that the Rio Grande chub be listed as listing the South Mountain gray- substantial scientific or commercial threatened or endangered and critical cheeked salamander may be warranted, habitat be designated for this species information indicating that listing the Rio Grande sucker (Catostomus we are not initiating a status review of under the Act. The petition clearly this species in response to this petition. identified itself as such and included plebeius) may be warranted, based on The basis and scientific support for this the requisite identification information Factors A, C, D, and E. However, during finding can be found as an appendix at for the petitioner, required at 50 CFR our status review, we will thoroughly 424.14(a). This finding addresses the evaluate all potential threats to the http://www.regulations.gov under petition. species, including the extent to which Docket No. FWS–R4–ES–2015–0117 any protections or other conservation under the Supporting Documents Finding efforts have reduced those threats. Thus, section. However, we ask that the public Based on our review of the petition for this species, the Service requests any submit to us any new information that and sources cited in the petition, we information relevant to whether the becomes available concerning the status find that the petition presents species falls within the definition of of, or threats to, this species or its substantial scientific or commercial either ‘‘endangered species’’ under habitat at any time (see Table 3 in information indicating that listing the section 3(6) of the Act or ‘‘threatened SUPPLEMENTARY INFORMATION). Rio Grande chub (Gila pandora) may be species’’ under section 3(20), including

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 14070 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

Evaluation of a Petition To List the www.regulations.gov under Docket No. FWS–HQ–ES–2016–0021 under the Southern Dusky Salamander as an FWS–R2–ES–2016–0039 under the Supporting Documents section. Endangered or Threatened Species Supporting Documents section. Species and Range Under the Act Species and Range Sunda pangolin (Manis javanica): Additional information regarding our Southwestern willow flycatcher Brunei Darussalam; Cambodia; review of this petition can be found as (Empidonax traillii extimus): California, Indonesia; Lao People’s Democratic an appendix at http:// Arizona, New Mexico, Colorado, Utah, Republic; Malaysia; Myanmar; www.regulations.gov under Docket No. and Nevada, Texas; winters in Central Singapore; Thailand; Viet Nam. FWS–R4–ES–2016–0038 under the Supporting Documents section. and South America. Petitions History Species and Range Petition History On July 15, 2015, we electronically received a petition from BFUSA, CBD, Southern dusky salamander On August, 20, 2015, we received a HSI, HSUS, and IFAW requesting that (Desmognathus auriculatus): Alabama, petition dated August 19, 2015, from we list seven species of pangolin Florida, Georgia, Louisiana, Mississippi, The Pacific Legal Foundation (Chinese pangolin (Manis pentadactyla), North Carolina, South Carolina, Texas, (representing The Center for Sunda pangolin (M. javanica), Virginia. Environmental Science, Accuracy, and Reliability; Building Industry Legal Philippine pangolin (M. culionensis), Petition History Defense Fund; California Building Indian pangolin (M. crassicaudata), tree On April 2, 2015, we received a Industry Association; California pangolin (M. tricuspis), giant ground petition from the Coastal Plains Institute Cattlemen’s Association; New Mexico pangolin (M. gigantean), and the long- and Land Conservancy requesting that Business Coalition, New Mexico Cattle tailed pangolin (M. tetradactyla)) as southern dusky salamander be listed as Growers Association; New Mexico Farm endangered species under the Act. The threatened under the Act. The petition and Livestock Bureau; and New Mexico petition clearly identified itself as such clearly identified itself as such and Wool Growers Inc.), requesting that the and included the requisite identification included the requisite identification southwestern willow flycatcher information for the petitioner, required information required at 50 CFR (Empidonax traillii extimus) be delisted at 50 CFR 424.14(a). In an August 17, 424.14(a); however, it did not contain due to error in information under the 2015, letter to the petitioner, we copies of supporting documents. We Act. The petition clearly identified itself responded that we had reviewed the acknowledged receipt of the petition via as such and included the requisite information presented in the petition email on April 22, 2015. Additional identification information for the and did not find that the petition materials were received on June 10, petitioner, required at 50 CFR 424.14(a). warranted an emergency listing under 2015. This finding addresses the This finding addresses the petition. section 4(b)(7) of the Act. petition. On July 15, 2015, we electronically Finding received a second petition from CBD, Finding Based on our review of the petition IFAW, HSI, HSUS, and BFUSA Based on our review of the petition and sources cited in the petition, we requesting that the Service list the same and sources cited in the petition, we find that the petition presents seven species of pangolin (Chinese find that the petition does not present substantial scientific or commercial pangolin (Manis pentadactyla), Sunda substantial scientific or commercial information indicating that the pangolin (M. javanica), Philippine information indicating that the petitioned action (delisting) may be pangolin (M. culionensis), Indian petitioned action may be warranted for warranted for the Southwestern willow pangolin (M. crassicaudata), tree the Southern dusky salamander flycatcher (Empidonax traillii extimus), pangolin (M. tricuspis), giant ground (Desmognathus auriculatus). Because based on information related to pangolin (M. gigantean), and the long- the petition does not present substantial taxonomic status. However, during our tailed pangolin (M. tetradactyla)) as an information indicating that listing the status review, we will thoroughly endangered species under the similarity Southern dusky salamander may be evaluate all potential threats to the of appearance provisions of the Act warranted, we are not initiating a status species, including the extent to which (section 4(e)), based upon the review of this species in response to this any protections or other conservation petitioners’ claim of the species’ petition. The basis and scientific efforts have reduced those threats. Thus, similarity of appearance to the currently support for this finding can be found as for this species, the Service requests any listed Temminck’s ground pangolin an appendix at http:// information relevant to whether the (Manis temminckii). The petition clearly www.regulations.gov under Docket No. species falls within the definition of identified itself as such and included FWS–R4–ES–2016–0038 under the either an endangered species under the requisite identification information Supporting Documents section. section 3(6) of the Act or a threatened for the petitioner, required at 50 CFR However, we ask that the public submit species under section 3(20), including 424.14(a). In an August 17, 2015, letter to us any new information that becomes information on the five listing factors to the petitioner, we responded that we available concerning the status of, or under section 4(a)(1) and any other had reviewed the information presented threats to, this species or its habitat at factors identified in this finding (see in the petition and did not find that the any time (see Table 3 in SUPPLEMENTARY Request for Information for Status petition warranted an emergency listing INFORMATION). Reviews, above). under section 4(b)(7) of the Act. As both petitions address the seven Evaluation of a Petition To Remove the Evaluation of Two Petitions To List the unlisted species of pangolin, we are Southwestern Willow Flycatcher From Sunda Pangolin Under the Endangered combining the petitioned actions (listing the List of Endangered and Threatened Species Act each species as either threatened or Wildlife Additional information regarding our endangered either based on the five Additional information regarding our review of these petitions can be found factors under section 4(a)(1) of the Act review of this petition can be found as as an appendix at http:// or due to a similarity of appearance an appendix at http:// www.regulations.gov under Docket No. under section 4(e) of the Act) into a

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules 14071

single 90-day finding for each species. petition clearly identified itself as such information relevant to whether the The requested action for listing based on and included the requisite identification species falls within the definition of similarity of appearance (section 4(e)) information for the petitioner, required either an endangered species under will be considered under Factor E of at 50 CFR 424.14(a). In an August 17, section 3(6) of the Act or a threatened each finding. 2015, letter to the petitioner, we species under section 3(20), including This finding addresses the Sunda responded that we had reviewed the information on the five listing factors pangolin (Manis javanica). information presented in the petition under section 4(a)(1) and any other and did not find that the petition Finding factors identified in this finding (see warranted an emergency listing under Request for Information for Status Based on our review of the petition section 4(b)(7) of the Act. Reviews, above). and sources cited in the petition, we On July 15, 2015, we electronically find that the petition presents received a second petition from CBD, Evaluation of a Petition To List the substantial scientific or commercial IFAW, HSI, HSUS, and BFUSA Western Bumble Bee as an Endangered information indicating that listing the requesting that the Service list the same or Threatened Species Under the Act Sunda pangolin (Manis javanica) may seven species of pangolin (Chinese Additional information regarding our be warranted based on Factors A, B, D, pangolin (Manis pentadactyla), Sunda review of this petition can be found as and E. However, during our status pangolin (M. javanica), Philippine an appendix at http:// review, we will thoroughly evaluate all pangolin (M. culionensis), Indian www.regulations.gov under Docket No. potential threats to the species, pangolin (M. crassicaudata), tree FWS–R6–ES–2016–0023 under the including the extent to which any pangolin (M. tricuspis), giant ground Supporting Documents section. protections or other conservation efforts pangolin (M. gigantean), and the long- have reduced those threats. Thus, for tailed pangolin (M. tetradactyla)) as an Species and Range this species, the Service requests any endangered species under the similarity Western bumble bee (Bombus information relevant to whether the of appearance provisions of the Act occidentalis): Alaska, Arizona, species falls within the definition of (section 4(e)), based upon the California, Colorado, Idaho, Montana, either an endangered species under petitioners’ claim of the species’ Nebraska, New Mexico, North Dakota, section 3(6) of the Act or a threatened similarity of appearance to the currently Oregon, South Dakota, Washington, species under section 3(20), including listed Temminck’s ground pangolin Wyoming, Utah; Canada: Alberta, information on the five listing factors (Manis temminckii). The petition clearly British Columbia, Saskatchewan, Yukon identified itself as such and included under section 4(a)(1) and any other Territory. factors identified in this finding (see the requisite identification information Request for Information for Status for the petitioner, required at 50 CFR Petition History 424.14(a). In an August 17, 2015, letter Reviews, above). On September 21, 2015, we received to the petitioner, we responded that we Evaluation of Two Petitions To List the had reviewed the information presented a petition dated September 15, 2015, Tree Pangolin Under the Endangered in the petition and did not find that the from Defenders of Wildlife requesting Species Act petition warranted an emergency listing that the western bumble bee be listed as Additional information regarding our under section 4(b)(7) of the Act. threatened or endangered and critical review of these petitions can be found As both petitions address the seven habitat be designated for this species as an appendix at http:// unlisted species of pangolin, we are under the Act. The petition clearly www.regulations.gov under Docket No. combining the petitioned actions (listing identified itself as such and included FWS–HQ–ES–2016–0022 under the each species as either threatened or the requisite identification information Supporting Documents section. endangered either based on the five for the petitioner, required at 50 CFR factors under section 4(a)(1) of the Act 424.14(a). This finding addresses the Species and Range or due to a similarity of appearance petition. Tree pangolin (Manis tricuspis): under section 4(e) of the Act) into a Finding Angola (Angola); Benin; Cameroon; single 90-day finding for each species. Central African Republic; Congo; Congo, The requested action for listing based on Based on our review of the petition The Democratic Republic of the; Coˆte similarity of appearance (section 4(e)) and sources cited in the petition, we d’Ivoire; Equatorial Guinea (Bioko, will be considered under Factor E of find that the petition presents Equatorial Guinea (mainland)); Gabon; each finding. substantial scientific or commercial Ghana; Guinea; Guinea-Bissau; Kenya; This finding addresses the tree information indicating that listing the Liberia; Nigeria; Rwanda; Sierra Leone; pangolin (Manis tricuspis). western bumble bee (Bombus South Sudan; Tanzania, United occidentalis) may be warranted, based Finding Republic of; Togo; Uganda; Zambia. on Factors C, D, and E. However, during Based on our review of the petition our status review, we will thoroughly Petitions History and sources cited in the petition, we evaluate all potential threats to the On July 15, 2015, we electronically find that the petition presents species, including the extent to which received a petition from BFUSA, CBD, substantial scientific or commercial any protections or other conservation HSI, HSUS, and IFAW requesting that information indicating that listing the efforts have reduced those threats. Thus, we list seven species of pangolin tree pangolin (Manis tricuspis) may be for the western bumble bee, the Service (Chinese pangolin (Manis pentadactyla), warranted based on Factors A, B, D, and requests any information relevant to Sunda pangolin (M. javanica), E. However, during our status review, whether the species falls within the Philippine pangolin (M. culionensis), we will thoroughly evaluate all definition of either an endangered Indian pangolin (M. crassicaudata), tree potential threats to the species, species under section 3(6) of the Act or pangolin (M. tricuspis), giant ground including the extent to which any a threatened species under section pangolin (M. gigantean), and the long- protections or other conservation efforts 3(20), including information on the five tailed pangolin (M. tetradactyla)) as have reduced those threats. Thus, for listing factors under section 4(a)(1) and endangered species under the Act. The this species, the Service requests any any other factors identified in this

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 14072 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

finding (see Request for Information for Conclusion References Cited Status Reviews, above). On the basis of our evaluation of the A complete list of references cited is Evaluation of a Petition To List the information presented in the petitions available on the Internet at http:// Yellow-Banded Bumble Bee as an under section 4(b)(3)(A) of the Act, we www.regulations.gov and upon request Endangered or Threatened Species have determined that the petitions from the appropriate lead field offices Under the Act summarized above for the acuna cacus, (contact the person listed under Table 3 Arizona night lizard, Arizona wetsalts in SUPPLEMENTARY INFORMATION). Additional information regarding our tiger beetle, Bezy’s night lizard, Cheoah review of this petition can be found as Authors Bald salamander, Cow Knob an appendix at http:// salamander, MacDougal’s yellowtops, The primary authors of this notice are www.regulations.gov under Docket No. Monito skink, Navasota ladies-tresses, staff members of the Ecological Services FWS–R5–ES–2016–0024 under the Patagonia eyed silkmoth, reticulate Program, U.S. Fish and Wildlife Service. Supporting Documents section. collared lizard, South Mountain gray- Authority Species and Range cheeked salamander, and southern The authority for these actions is the dusky salamander do not present Yellow-banded bumble bee (Bombus Endangered Species Act of 1973, as substantial scientific or commercial terricola): Connecticut, Kentucky, amended (16 U.S.C. 1531 et seq.). Illinois, Maine, Maryland, information indicating that the Dated: February 24, 2016. Massachusetts, Michigan, Minnesota, requested actions may be warranted. Montana, New Hampshire, New Jersey, Therefore, we are not initiating status Stephen Guertin, New York, North Carolina, North reviews for these species. Acting Director, U.S. Fish and Wildlife Dakota, Ohio, Pennsylvania, Rhode The petitions summarized above for Service. Island, South Dakota, Tennessee, the African elephant, American burying [FR Doc. 2016–05699 Filed 3–15–16; 8:45 am] Vermont, Virginia, West Virginia, beetle, Chinese pangolin, deseret BILLING CODE 4333–15–P Wisconsin; Canada: Alberta, British milkvetch, giant ground pangolin, Columbia, Manitoba, Newfoundland, Indian pangolin, Leoncita false- Nova Scotia, Ontario, Quebec, foxglove, long-tailed pangolin, DEPARTMENT OF COMMERCE Saskatchewan. Philippine pangolin, Rio Grande chub, Rio Grande sucker, Sunda pangolin, tree National Oceanic and Atmospheric Petition History pangolin, southwestern willow Administration On September 15, 2015, we received flycatcher, western bumble bee, and a petition dated September 15, 2015, yellow-banded bumble bee present 50 CFR Part 648 from Defenders of Wildlife requesting substantial scientific or commercial [Docket No. 150902808–6155–01] that the yellow-banded bumble bee information indicating that the (Bombus terricola) be listed as requested actions may be warranted. RIN 0648–BF04 Because we have found that these threatened or endangered and critical Fisheries of the Northeastern United petitions present substantial habitat be designated for this species States; Amendment 17 to the Atlantic information indicating that the under the Act. The petition clearly Surfclam and Ocean Quahog Fishery petitioned actions may be warranted, we identified itself as such and included Management Plan the requisite identification information are initiating status reviews to for the petitioner, required at 50 CFR determine whether these actions under AGENCY: National Marine Fisheries 424.14(a). This finding addresses the the Act are warranted. At the conclusion Service (NMFS), National Oceanic and petition. of each status review, we will issue a Atmospheric Administration (NOAA), finding, in accordance with section Commerce. Finding 4(b)(3)(B) of the Act, as to whether or ACTION: Proposed rule; request for Based on our review of the petition not the Service finds that the petitioned comments. and sources cited in the petition, we action is warranted. find that the petition presents It is important to note that the SUMMARY: NMFS proposes regulations to substantial scientific or commercial standard for a 90-day finding differs implement Amendment 17 to the information indicating that listing the from the Act’s standard that applies to Atlantic Surfclam and Ocean Quahog yellow-banded bumble bee (Bombus a status review to determine whether a Fishery Management Plan. Amendment terricola) may be warranted, based on petitioned action is warranted. In 17 management measures were Factors A, C, D, and E. However, during making a 90-day finding, we consider developed by the Mid-Atlantic Fishery our status review, we will thoroughly only the information in the petition and Management Council to: Add cost evaluate all potential threats to the in our files, and we evaluate merely recovery provisions for the Individual species, including the extent to which whether that information constitutes Transferable Quota component of the any protections or other conservation ‘‘substantial information’’ indicating fishery; modify how biological reference efforts have reduced those threats. Thus, that the petitioned action ‘‘may be points are incorporated into the fishery for this species, the Service requests any warranted.’’ In a 12-month finding, we management plan; and remove the information relevant to whether the must complete a thorough status review plan’s optimum yield range. These species falls within the definition of of the species and evaluate the ‘‘best changes are intended to make the either an endangered species under scientific and commercial data management plan consistent with section 3(6) of the Act or a threatened available’’ to determine whether a requirements of the Magnuson-Stevens species under section 3(20), including petitioned action ‘‘is warranted.’’ Act, and to improve the management of information on the five listing factors Because the Act’s standards for 90-day these fisheries. under section 4(a)(1) and any other and 12-month findings are different, a DATES: Comments must be received on factors identified in this finding (see substantial 90-day finding does not or before April 15, 2016. Request for Information for Status mean that the 12-month finding will ADDRESSES: You may submit comments Reviews, above). result in a ‘‘warranted’’ finding. on this document, identified by NOAA–

VerDate Sep<11>2014 16:39 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS