Federal Register/Vol. 78, No. 234/Thursday, December 5, 2013
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Federal Register / Vol. 78, No. 234 / Thursday, December 5, 2013 / Proposed Rules 73173 www.regulations.gov and follow the on- DEPARTMENT OF THE INTERIOR www.regulations.gov, as it is most line instructions provided. compatible with our comment review You may download the comments. Fish and Wildlife Service procedures. If you attach your The comments are imaged documents, comments as a separate document, our in either TIFF or PDF format. Please 50 CFR Part 17 preferred file format is Microsoft Word. note that even after the comment closing [Docket No. FWS–R9–ES–2011–0003; If you attach multiple comments (such date, we will continue to file relevant FXES111309F2130–134–FF09E22000] as form letters), our preferred format is information in the Docket as it becomes a spreadsheet in Microsoft Excel. available. Further, some people may RIN 1018–AY42 (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments submit late comments. Accordingly, we Endangered and Threatened Wildlife Processing, Attn: FWS–R9–ES–2011– recommend that you periodically search and Plants; Listing the Straight-Horned 0003; Division of Policy and Directives the Docket for new material. Markhor as Threatened With Special Management; U.S. Fish and Wildlife Rule N. Regulation Identifier Number (RIN) Service; 4401 N. Fairfax Drive, MS The Department of Transportation AGENCY: Fish and Wildlife Service, 2042–PDM; Arlington, VA 22203. assigns a regulation identifier number Interior. We request that you send comments (RIN) to each regulatory action listed in ACTION: Proposed rule; revision. only by the methods described above. the Unified Agenda of Federal We will post all comments on http:// Regulations. The Regulatory Information SUMMARY: We, the U.S. Fish and www.regulations.gov. This generally Service Center publishes the Unified Wildlife Service (Service), notify the means that we will post any personal Agenda in April and October of each public that we are making changes to information you provide us (see year. You may use the RIN that appears our proposed rule of August 7, 2012, to Information Requested under in the heading on the first page of this reclassify the straight-horned markhor SUPPLEMENTARY INFORMATION for more document to find this action in the (Capra falconeri jerdoni) from information). Unified Agenda. endangered to threatened. We propose FOR FURTHER INFORMATION CONTACT: In consideration of the foregoing, to combine the straight-horned markhor Janine Van Norman, Chief, Branch of NHTSA proposes to amend 49 CFR part (Capra falconeri jerdoni) and the Kabul Foreign Species, Endangered Species 592 as follows: markhor (Capra falconeri megaceros) Program, U.S. Fish and Wildlife Service, into one subspecies, the straight-horned 4401 N. Fairfax Drive, Room 420, List of Subjects in 49 CFR Part 592 markhor (Capra falconeri megaceros), Arlington, VA 22203; telephone 703– Imports, Motor vehicle safety, Motor under the Endangered Species Act of 358–2171; facsimile 703–358–1735. If vehicles, Reporting and recordkeeping 1973, as amended (Act) due to a change you use a telecommunications device requirements. in taxonomy. We have conducted a for the deaf (TDD), please call the status review of the straight-horned Federal Information Relay Service PART 592—REGISTERED IMPORTERS markhor (C. f. megaceros) and propose (FIRS) at 800–877–8339. OF VEHICLES NOT ORIGINALLY to list this subspecies as threatened SUPPLEMENTARY INFORMATION: MANUFACTURED TO CONFORM TO under the Act. We are also proposing a THE FEDERAL MOTOR VEHICLE concurrent special rule. The effects of Executive Summary SAFETY STANDARDS these regulations will be to protect and I. Purpose of the Regulatory Action conserve the straight-horned markhor, ■ 1. The authority citation for part 592 while encouraging local communities to We are proposing to combine two continues to read as follows: conserve additional populations of the subspecies of markhor currently listed under the Endangered Species Act of Authority: Pub. L. 100–562, 49 U.S.C. straight-horned markhor through sustainable-use management programs. 1973, as amended (Act), the straight- 322(a), 30117, 30141–30147; delegation of horned markhor (C. f. jerdoni) and authority at 49 CFR 1.50. DATES: We will consider comments and Kabul markhor (Capra falconeri ■ 2. Amend § 592.6 to add information received or postmarked on megaceros), into one subspecies, the subparagraphs (d)(1)(i) and (ii): or before February 3, 2014. Comments straight-horned markhor (C. f. submitted electronically using the § 592.6 Duties of a registered importer. megaceros), based on a taxonomic Federal eRulemaking Portal (see change. We conducted a status review of * * * * * ADDRESSES, below) must be received by the newly combined subspecies and are (d) * * * 11:59 p.m. Eastern Time on the closing issuing a proposed rule to list the (1) * * * date. straight-horned markhor (C. f. (i) The vehicle is not required to We must receive requests for public megaceros) as threatened under the Act. comply with the parts marking hearings, in writing, at the address We are also proposing a special rule requirements of the theft prevention shown in FOR FURTHER INFORMATION that would allow for the import of sport- standard (part 541 of this chapter); or CONTACT by January 21, 2014. hunted straight-horned markhor (ii) The vehicle complies with those ADDRESSES: You may submit trophies under certain conditions. This parts marking requirements as information by one of the following regulation would support and encourage manufactured, or as modified prior to methods: conservation actions of the straight- importation. (1) Electronically: Go to the Federal horned markhor. * * * * * eRulemaking Portal: http:// www.regulations.gov. In the Search box, II. Major Provision of the Regulatory Issued on November 27, 2013. enter FWS–R9–ES–2011–0003, which is Action Daniel C. Smith, the docket number for this rulemaking. If adopted as proposed, this action Senior Associate Administrator for Vehicle You may submit a comment by clicking will eliminate the separate listing of the Safety. on ‘‘Comment Now!’’ If your comments straight-horned markhor and Kabul [FR Doc. 2013–28877 Filed 12–4–13; 8:45 am] will fit in the provided comment box, markhor as endangered and list the BILLING CODE 4910–59–P please use this feature of http:// combined straight-horned markhor VerDate Mar<15>2010 13:56 Dec 04, 2013 Jkt 232001 PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1 ehiers on DSK2VPTVN1PROD with PROPOSALS-1 73174 Federal Register / Vol. 78, No. 234 / Thursday, December 5, 2013 / Proposed Rules subspecies as threatened in the List of Ovis, Wild Sheep Foundation, Jerry (e) Other natural or manmade factors Endangered and Threatened Wildlife at Brenner, Steve Hornaday, Alan affecting its continued existence. 50 CFR 17.11(h), and would allow the Sackman, and Barbara Lee Sackman, (5) Information on the status of habitat import of sport-hunted straight-horned requesting the Service downlist the measures being implemented in the markhor trophies under certain Torghar Hills population of the Torghar Conservation Project. conditions at 50 CFR 17.40. This action Suleiman markhor (Capra falconeri (6) Information on whether changing is authorized by the Act. jerdoni or C. f. megaceros), in the climatic conditions are affecting the subspecies or its habitat. Previous Federal Actions Balochistan Province of Pakistan, from endangered to threatened under the Act. Please include sufficient information On June 14, 1976, we published in the On June 2, 2011, we published in the with your submission (such as full Federal Register a rule listing the Federal Register a finding that the references) to allow us to verify straight-horned markhor, or the petition had presented substantial information you provide. Submissions Suleiman markhor (Capra falconeri information indicating that the merely stating support for or opposition jerdoni), and the Kabul markhor (C. f. requested reclassification may be to the action under consideration megaceros), as well as 157 other U.S. warranted, and we initiated a status without providing supporting and foreign vertebrates and review (76 FR 31903). We opened a information, although noted, will not be invertebrates, as endangered under the comment period, which closed August considered in making a determination. Act (41 FR 24062). All species were 1, 2011. Section 4(b)(1)(A) of the Act directs that found to have declining numbers due to On February 1, 2012, Conservation determinations as to whether any the present or threatened destruction, Force, Dallas Safari Club, and other species is an endangered or threatened modification, or curtailment of their organizations and individuals filed suit species must be made ‘‘solely on the habitats or ranges; overutilization for against the Service for failure to conduct basis of the best scientific and commercial, sporting, scientific, or a 5-year status review pursuant to commercial data available.’’ educational purposes; the inadequacy of section 4(c)(2)(A) under the Act Prior to issuing a final rule on this existing regulatory mechanisms; or (Conservation Force, et al. v. Salazar, proposed action, we will take into some combination of the three. Case No. 11 CV 02008 D. D. C.). On consideration all information we However, the main concerns were the March 30, 2012, a settlement agreement receive. Such information may lead to a high commercial importance and the was approved by the Court (11–CV– final rule that differs from this proposal. inadequacy of existing regulatory 02008, D. D. C.), in which the Service All comments, including names and mechanisms to control international agreed to submit to the Federal Register addresses of commenters, will become trade. by July 31, 2012, a 12-month finding on part of the administrative record. Later, the Suleiman markhor and the the August 2010 petition. On August 7, Kabul markhor were considered by Public Hearing 2012, the Service published in the some authorities to be the single Federal Register a 12-month finding At this time, we do not have a public subspecies C.