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Federal Register/Vol. 80, No. 210/Friday, October 30, 2015/Rules and Regulations

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Federal Register/Vol. 80, No. 210/Friday, October 30, 2015/Rules and Regulations Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations 66821 may visit http://www.regulations.gov/ DEPARTMENT OF THE INTERIOR Yellowstone Road, Suite 308A, search/footer/privacyanduse.jsp Cheyenne, WY 82009; telephone 307– Fish and Wildlife Service 772–2374. Persons who use a List of Subjects in 49 CFR Part 175 telecommunications device for the deaf 50 CFR Part 17 Air carriers, Hazardous materials (TDD) may call the Federal Information transportation, Radioactive materials, [Docket No. FWS–R6–ES–2015–0013; Relay Services (FIRS) at 800–877–8339. Reporting and recordkeeping FXES11130900000C6–145–FF09E42000] FOR FURTHER INFORMATION CONTACT: requirements. RIN 1018–BA42 Mark Sattelberg, Field Supervisor, Telephone: 307–772–2374. Direct all In consideration of the foregoing, we Endangered and Threatened Wildlife questions or requests for additional amend 49 CFR Chapter I as follows: and Plants; Establishment of a information to: BLACK–FOOTED FERRET QUESTIONS, U.S. Fish and PART 175—CARRIAGE BY AIRCRAFT Nonessential Experimental Population of Black-footed Ferrets in Wyoming Wildlife Service, Wyoming Ecological Services Field Office, 5353 Yellowstone ■ 1. The authority citation for part 175 AGENCY: Fish and Wildlife Service, Road, Suite 308A, Cheyenne, WY continues to read as follows: Interior. 82009. Individuals who are hearing- Authority: 49 U.S.C. 5101–5128, 44701; 49 ACTION: Final rule. impaired or speech-impaired may call the Federal Relay Service at 1–800–877– CFR 1.81 and 1.97. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in 8337 for TTY assistance. ■ 2. In § 175.10, redesignate paragraphs coordination with the State of Wyoming SUPPLEMENTARY INFORMATION: (a)(19) through (a)(24) as paragraphs and other partners, will reestablish Executive Summary (a)(20) through (a)(25) and add new additional populations of the black- paragraph (a)(19) to read as follows: footed ferret (Mustela nigripes), a Purpose of the Regulatory Action § 175.10 Exceptions for passengers, federally listed endangered mammal, This is a final rule to designate the crewmembers, and air operators. into prairie dog (Cynomys spp.) black-footed ferret (Mustela nigripes) occupied habitat in Wyoming and (a) * * * nonessential experimental population classify any reestablished population as (NEP) area in the State of Wyoming in (19) Except as provided in § 173.21 of a nonessential experimental population accordance with section 10(j) of the this subchapter, battery-powered (NEP) under section 10(j) of the Endangered Species Act (Act). This portable electronic smoking devices Endangered Species Act of 1973, as designation increases the Service’s (e.g., e-cigarettes, e-cigs, e-cigars, e- amended (Act). This final rule flexibility and discretion in managing pipes, e-hookahs, personal vaporizers, establishes the NEP area and provides reintroduced endangered species and electronic nicotine delivery systems) for allowable legal incidental taking of allows promulgation of regulations when carried by passengers or the black-footed ferret within the deemed appropriate for conservation of crewmembers for personal use must be defined NEP area. The best available the reintroduced species. We have data indicate the reintroduction of carried on one’s person or in carry-on determined that the issuance of this rule black-footed ferrets to Wyoming is baggage only. Spare lithium batteries will advance the recovery of the biologically feasible and will promote endangered black-footed ferret. must be individually protected so as to conservation and recovery of the prevent short circuits (by placement in Specifically, this rulemaking will species. This NEP area and two facilitate the establishment of free- original retail packaging or by otherwise previously designated NEPs in insulating terminals, e.g., by taping over ranging populations of ferrets within the Wyoming collectively cover the entire species’ historical range in Wyoming, exposed terminals or placing each State of Wyoming and provide battery in a separate plastic bag or thereby contributing to the numerical consistent management flexibility and distributional population targets protective pouch). Each lithium battery Statewide. We are also amending the must be of a type which meets the laid out in the recovery plan’s delisting historical range column for the species and downlisting (reclassifying from requirements of each test in the UN within the List of Endangered and endangered to threatened) criteria (U.S. Manual of Tests and Criteria, Part III, Threatened Wildlife (List) to include Fish and Wildlife Service 2013a, p. 6) Sub-section 38.3. Recharging of the Mexico; the historical range information devices and/or the batteries on board in the List is informational, not Summary of the Major Provisions of the the aircraft is not permitted. Each regulatory. Regulatory Action In Question battery must not exceed the following: DATES: This rule becomes effective Under section 10(j) of the Act and our (i) For lithium metal batteries, a November 30, 2015. regulations at 50 CFR 17.81, the Service lithium content of 2 grams; or ADDRESSES: This final rule, along with may establish an NEP, outside of the (ii) For lithium ion batteries, a Watt- the public comments, environmental current range of the species, but within hour rating of 100 Wh. assessment (EA), and finding of no its historical range, for the purposes of significant impact (FONSI), is available reintroducing the species into formerly * * * * * on the Internet at http:// occupied habitat. Under this 10(j) rule, Issued in Washington, DC, on October 23, www.regulations.gov, Docket No. FWS– the Service is classifying any 2015 under authority delegated in 49 CFR R6–ES–2015–0013. Comments and reestablished black-footed ferret part 1.97 materials received, as well as supporting population in the State of Wyoming as Marie Therese Dominguez, documentation used in the preparation an NEP. The Service has determined Administrator. of this rule, will also be available for that this NEP designation meets the public inspection, by appointment, requirements of the Act; the population [FR Doc. 2015–27622 Filed 10–29–15; 8:45 am] during normal business hours at: U.S. is wholly geographically separate from BILLING CODE 4910–60–P Fish and Wildlife Service, Wyoming other populations, and the experimental Ecological Services Field Office, 5353 population is not essential to the VerDate Sep<11>2014 14:41 Oct 29, 2015 Jkt 238001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 Lhorne on DSK5TPTVN1PROD with RULES 66822 Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations continued existence of the black-footed amended (Act; 16 U.S.C. 1531 et seq.) the rule issued under section 10(j) of the ferret in the wild. without critical habitat. The Act Act (hereafter referred to as a 10(j) rule) This NEP designation will apply to all provides that species listed as contains the prohibitions and ferrets reintroduced to Wyoming, with endangered are afforded protection exemptions necessary and appropriate the exception of animals found on lands primarily through the prohibitions of to conserve that species. managed by the National Park Service or section 9 and the requirements of Before authorizing the release as an U.S. Fish and Wildlife Service. Under a section 7. Section 9 of the Act, among experimental population of any section 10(j) designation as an NEP, other things, prohibits the take of population (including eggs, propagules, both the take prohibitions and endangered wildlife. ‘‘Take’’ is defined or individuals) of an endangered or consultation requirements of the Act are by the Act as harass, harm, pursue, threatened species, and before relaxed, easing regulatory burden hunt, shoot, wound, kill, trap, capture, authorizing any necessary associated with endangered species and or collect, or attempt to engage in any transportation to conduct the release, facilitating acceptance by local such conduct. Section 7 of the Act the Service must find, by regulation, landowners and managers. outlines the procedures for Federal that such release will further the Once this rule takes effect, the interagency cooperation to conserve conservation of the species. In making Service, the Wyoming Game and Fish federally listed species and protect such a finding, the Service uses the best Department (WGFD), and other partners designated critical habitat. It mandates scientific and commercial data available propose to reintroduce the black-footed that all Federal agencies use their to consider: (1) Any possible adverse ferret at one or more additional sites existing authorities to further the effects on extant populations of a within the species’ historical range in purposes of the Act by carrying out species as a result of removal of Wyoming. The WGFD will serve as the programs for the conservation of listed individuals, eggs, or propagules for lead agency in the reintroduction and species. It also states that Federal introduction elsewhere; (2) the subsequent management of black-footed agencies must, in consultation with the likelihood that any such experimental ferret in Wyoming; however, WGFD will Service, ensure that any action they population will become established and continue to coordinate closely with the authorize, fund, or carry out is not likely survive in the foreseeable future; (3) the Service on these restoration efforts. to jeopardize the continued existence of relative effects that establishment of an experimental population will have on Costs and Benefits a listed species or result in the destruction or adverse modification of the recovery of the species; and (4) the Costs and benefits of a Statewide NEP designated critical habitat. Section 7 of extent to which the introduced designation in Wyoming will depend the Act does not affect activities population may be affected by existing upon the number and type of undertaken on private land unless they or anticipated Federal or State actions or reintroduction efforts initiated. The are authorized, funded, or carried out by private activities within or adjacent to Black-footed Ferret Recovery Plan a Federal agency.
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