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Home , African wild ass, Asinus, Donkey, Equus (genus), Somali wild ass

33100 Federal Register / Vol. 77, No. 108 / Tuesday, June 5, 2012 / Rules and Regulations

of oil and gas well sites, to include Operators of CMVs that are used to • Federal eRulemaking Portal: http:// transporting equipment and supplies transport supplies, equipment, and www.regulations.gov. Follow the (including water) to the site and waste materials such as sand and water to and instructions for submitting comments. or product away from the site, and from the well sites do not qualify for the • U.S. mail or -delivery: Public moving equipment to, from, or between ‘‘waiting time exception’’ even if there Comments Processing, Attn: FWS–R9– oil and gas well sites. These CMVs do have been some modifications to the ES–2011–0095; Division of Policy and not have to be specially designed for vehicle to transport, load, or unload the Directives Management; U.S. Fish and well site use, nor do the drivers require materials, and the driver required some Wildlife Service; 4401 N. Fairfax Drive, any special training other than in minimal additional training in the MS 2042–PDM; Arlington, VA 22203. operating the CMV. operation of the vehicle, such as We will post all comments on Question 8: What kinds of oilfield running pumps or controlling the http://www.regulations.gov. This equipment may drivers operate while unloading and loading processes. It is generally means that we will post any taking advantage of the special ‘‘waiting recognized that these operators may personal information you provide us time’’ rule in § 395.1(d)(2)? encounter delays caused by logistical or (see the Public Comments section below Guidance: The ‘‘waiting time’’ operational situations, just as other for more information). provision in § 395.1(d)(2) is available motor carriers experience delays at FOR FURTHER INFORMATION CONTACT: only to operators of those commercial shipping and receiving facilities. Other Janine Van Norman, Branch Chief, motor vehicles (CMVs) that are (1) methods may be used to mitigate these Foreign Branch, Endangered specially constructed for use at oil and types of delays, which are not the same Species Program, U.S. Fish and Wildlife gas well sites, and (2) for which the types of waiting periods experienced by Service, 4401 N. Fairfax Drive, Room operators require extensive training in the CMV operators who do qualify for 420, Arlington, VA 22203; telephone the operation of the complex the waiting time exception.’’ 703–358–2171; facsimile 703–358–1735. equipment, in addition to the Issued on: May 30, 2012. If you use a telecommunications device vehicle. In many instances, the Anne S. Ferro, for the deaf (TDD), call the Federal operators spend little time driving these Administrator. Information Relay Service (FIRS) at CMVs because ‘‘leased drivers’’ from 800–877–8339. [FR Doc. 2012–13584 Filed 6–1–12; 8:45 am] driveaway services are brought in to SUPPLEMENTARY INFORMATION: move the heavy equipment from one BILLING CODE 4910–EX–P site to another. These operators Executive Summary typically may have long waiting periods (1) Purpose of the Regulatory Action at well sites, with few or no functions DEPARTMENT OF THE INTERIOR We are revising the List of to perform until their services are Fish and Wildlife Service Endangered and Threatened Wildlife to needed at an unpredictable point in the reflect the current scientifically drilling process. Because they are not 50 CFR Part 17 accepted and nomenclature of free to leave the site and may be the . We revise the responsible for the equipment, they [Docket No. FWS–R9–ES–2011–0095; MO scientific name of this species as would normally be considered ‘‘on 92210–0–0010 B6] follows: africanus (formerly E. duty’’ under the definition of that term RIN 1018–AY31 ). in § 395.2. Recognizing that these operators, their employers, and the well- Endangered and Threatened Wildlife (2) Major Provision of the Regulatory site managers do not have the ability to and Plants; Technical Correction for Action readily schedule or control these African Wild Ass This action is authorized by the driver’s periods of inactivity, Act of 1973 (Act), § 395.1(d)(2) provides that the ‘‘waiting AGENCY: Fish and Wildlife Service, Interior. as amended. We are revising the entry time’’ shall not be considered on-duty for ‘‘Ass, African wild’’ under (i.e., it is off-duty time). During this ACTION: Direct final rule. by, in the Scientific name ‘‘waiting time,’’ the operators may not column, removing the words ‘‘Equus perform any work-related activity. To do SUMMARY: We, the U.S. Fish and Wildlife Service, announce the revised asinus’’ and adding in their place the so would place them on duty. words ‘‘Equus africanus’’. Examples of equipment that may taxonomy of Equus asinus (African wild qualify the operator/driver for the ass) under the Endangered Species Act (3) Costs and Benefits of 1973, as amended (Act). We are ‘‘waiting time exception’’ in This is a revised taxonomy action, revising the List of Endangered and § 395.1(d)(2) are vehicles commonly and the Office of Management and Threatened Wildlife to reflect the known in oilfield operations as heavy- Budget (OMB) has designated it as not current scientifically accepted coil vehicles, missile trailers, nitrogen significant. Therefore, we have not taxonomy and nomenclature of this pumps, wire-line trucks, sand storage analyzed the costs or benefits of this species. We revise the scientific name of trailers, cement pumps, ‘‘frac’’ pumps, rulemaking action. blenders, hydration pumps, and this species as follows: Equus africanus separators. This list should only be (formerly E. asinus). Purpose of Direct Final Rule considered examples and not all- DATES: This rule will become effective The purpose of this direct final rule inclusive. Individual equipment must on August 6, 2012, without further is to notify the public that we are be evaluated against the criteria stated action, unless significant adverse revising the List of Endangered and above: (1) Specially constructed for use comments are received by July 5, 2012. Threatened Wildlife to reflect the at oil and gas well sites, and (2) for If adverse comment is received, we will scientifically accepted taxonomy and which the operators require extensive publish a timely withdrawal of the rule nomenclature of the African wild ass training in the operation of the complex in the Federal Register. listed under section 4 of the Act (16 equipment, in addition to driving the ADDRESSES: You may submit comments U.S.C. 1531 et seq.). This change to the vehicle infrequently. by one of the following methods: List of Endangered and Threatened

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Wildlife (at 50 CFR 17.11(h)) reflects the scientific or commercial information Previous Federal Actions most recently accepted scientific name you include. We will not consider in accordance with 50 CFR 17.11(b) and comments sent by email or fax, or to an The Endangered Species Preservation the International Code of Zoological address not listed in the ADDRESSES Act was passed in 1966 (the 1966 Act) Nomenclature. section. and was limited in scope to ‘‘native’’ or We are publishing this direct final We will post all comments on resident species of fish or wildlife rule without a prior proposal because http://www.regulations.gov. This threatened with (Pub. L. 89– this is a noncontroversial action that generally means that we will post any 669, 80 Stat. 926). Section 1(c) of the does not alter the regulatory protections personal information that you provide 1966 Act stated that native species of afforded to this species. Rather, it will to us. Before including your address, fish or wildlife could be regarded as differentiate the taxonomy of the phone number, email address, or other endangered if the Secretary of the African wild ass and the domesticated personal information in your comment, Interior found, after consultation with burro and/or . Therefore, in the you should be aware that your entire the affected States, that their existence best interest of the public, we are taking comment—including your personal was threatened because of certain this action in as timely a manner as identifying information—may be made enumerated factors. The Secretary was possible, unless we receive significant publicly available at any time. While directed to publish in the Federal adverse comments on or before the you can ask us in your comment to Register a list of those native species comment due date specified in the withhold your personal identifying determined by the Secretary to be DATES section of this document. information from public review, we Significant adverse comments are cannot guarantee that we will be able to endangered. Such a list was published comments that provide strong do so. on March 8, 1969, at 34 FR 5034, justification as to why this rule should Comments and materials we receive, without reference to foreign species, not be adopted or why it should be as well as supporting documentation we such as the African wild ass. changed. If we receive significant used in preparing this direct final rule, The Endangered Species Conservation adverse comments, we will publish a will be available for public inspection Act of 1969 (ESCA, Pub. L. 91–135, 83 document in the Federal Register on the Internet at http://www. Stat. 275) expanded the 1966 Act by withdrawing this rule before the regulations.gov or by appointment, authorizing the listing of foreign species effective date, and we will engage in the during normal business hours at the of fish and wildlife that were threatened normal rulemaking process to U.S. Fish and Wildlife Service, with worldwide extinction. In a FOR FURTHER promulgate these changes to 50 CFR Arlington, Virginia (see proposed rule published in the Federal INFORMATION CONTACT). Please note that 17.11. Register on April 14, 1970 (35 FR 6069), comments posted to http://www. the Secretary of the Interior set forth the Public Comments regulations.gov are not immediately You may submit your comments and viewable. When you submit a comment, original list of endangered foreign materials regarding this direct final rule the system receives it immediately. species entitled, ‘‘Appendix A: by one of the methods listed in the However, the comment will not be Secretary of the Interior’s List of Species ADDRESSES section. Please include publicly viewable until we post it, and Subspecies Threatened with sufficient information with your which might not occur until several Extinction in Other Countries,’’ which comments that allows us to verify any days after submission. contained the following entries:

Common name Scientific name Where found

Somali wild ass ...... Equus asinus somalicus ...... , . ...... Equus asinus africanus ...... Ethiopia.

When the final rule setting forth the 8491, Appendix A was retitled to read, The above entries were condensed into list of endangered foreign species was ‘‘Appendix A: United States’ List of one: published on June 2, 1970, at 35 FR Endangered Foreign Fish and Wildlife.’’

Common name Scientific name Where found

African wild ass ...... Equus asinus ...... Ethiopia, Somalia, .

Except in very limited circumstances, African wild ass (Equus asinus). The The present listing at 50 CFR 17.11(h), the Act (1973) retained the lists Act also abandoned the distinction in the List of Endangered and published under the ESCA. At that time, between native and foreign lists, and a Threatened Wildlife, for the African the domesticated burro and donkey combined list was eventually published wild ass reads as follows: shared the same scientific name as the on September 26, 1975, at 40 FR 44412.

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Vertebrate population where Critical Species Common name Scientific name Historic range endangered or Status When listed habitat rules threatened

Ass, African wild ..... Equus asinus ...... Somalia, Sudan, Entire ...... E1 2 3, 22 3 NA 3 NA Ethiopia. 1 E means endangered. 2 3 is the code for 35 FR 8495; June 2, 1970. 22 is the code for 42 FR 15973; March 24, 1977. 3 NA means not applicable.

In a ‘‘Notice of Clarification of Status the International Commission on Required Determinations of Wild Burros’’ (March 24, 1977; 42 FR Zoological Nomenclature (Commission, Clarity of the Rule 15973), the Service stipulated that ‘‘the Opinion 2027 (Case 3010)). Based on the western wild burro has never been same opinion, the use of the E. africanus We are required by Executive Orders considered for designation as an was also adopted by the IUCN Red List 12866 and 12988 and by the endangered species. Equus asinus has of Threatened in 2008. Presidential Memorandum of June 1, always been treated administratively as 1998, to write all rules in plain a foreign species and was never CITES language. This means that each rule we included on a native list of endangered The Parties to the Convention on publish must: species. Furthermore, the procedural International Trade in Endangered (1) Be logically organized; requirements for consultation with Species of Wild Fauna and Flora (2) Use the active voice to address affected States during the listing of a (CITES) adopted the reference readers directly; native species were never complied Wilson & Reeder’s Mammal Species of with. An undesignated native (3) Use clear language rather than the World, A Taxonomic and population of a listed foreign species jargon; cannot be bootstrapped into coverage Geographic Reference, 3rd Edition (4) Be divided into short sections and under the 1973 Act because of a clerical (2005), which recognizes the African sentences; and ambiguity with the list’’ (42 FR 15974). wild ass as Equus asinus (CITES (5) Use lists and tables wherever It is clear that the Service intended to Resolution Conf. 12.11 (Rev. CoP15), possible. Standard nomenclature). However, list the African wild ass in its entirety, If you feel that we have not met these because of the wild and domestic but not to list populations of once- requirements, send us comments by one taxonomy issue previously raised by the domesticated burros and donkeys. of the methods listed in the ADDRESSES Commission and the problems it created However, the March 24, 1977, document section. To better help us revise the for enforcement officials, the Parties failed to clarify the status of rule; your comments should be as agreed to deviate from Wilson and domesticated burros and donkeys. specific as possible. For example, you Reeder by adopting the name Equus should tell us the numbers of the Taxonomic Classification africanus for the wild form of the sections or paragraphs that are unclearly African wild ass (listed in CITES Equus africanus written, which sections or sentences are Appendix I) and retaining the name Gentry et al. (1996), in their too long, the sections where you feel Equus asinus for the domesticated form, lists or tables would be useful, etc. recommendations to the International which is not listed under CITES (CoP 15 Commission on Zoological Document 12, 2010). National Environmental Policy Act Nomenclature, addressed the concern that many domesticated species share The Service’s objective is to provide We have determined that an the same scientific name with their wild the protections of the Act to endangered environmental assessment or an ancestors: ‘‘The use of taxonomic names and threatened species, in this case the environmental impact statement, as for wild species first described [for] endangered African wild ass (Equus defined under the authority of the domesticated forms is a retrograde step africanus) wherever found, and not the National Environmental Policy Act of that will confuse not only biologists, common domesticated or feral burro 1969 (42 U.S.C. 4321 et seq.), need not paleontologists, archaeologists and and donkey (Equus asinus). Pursuant to be prepared in connection with those in applied fields of ecology, 50 CFR 17.11(b), ‘‘the Services shall use regulations adopted under section 4(a) conservation, behavior studies and the most recently accepted scientific of the Act. A notice outlining our physiological resources, but also name. * * * The Services shall rely to reasons for this determination was [enforcement] officials who have the job the extent practicable on the published in the Federal Register on of sorting out endangered species’’ International Code of Zoological October 25, 1983 (48 FR 49244). Nomenclature.’’ Because the (Gentry et al. 1996, p. 32). They References Cited highlighted 15 species of mammals in International Code of Zoological which the domestic name precedes or Nomenclature, as well as the IUCN and A complete list of the references used are contemporary with their wild CITES, has accepted Equus africanus as to develop this rule is available upon counterparts, one of which was Equus the appropriate taxonomy for the request from the Foreign Species Branch asinus. The group recommended that African wild ass, and because this (see FOR FURTHER INFORMATION CONTACT the Commission adopt the specific name taxonomic change best reflects the scope section). for wild populations for several taxa, of the Service’s listing for this species, List of Subjects in 50 CFR Part 17 including E. africanus (formerly E. the Service is hereby adopting the asinus). The scientific name change of scientific name E. africanus for the Endangered and threatened species, Equus africanus, Heuglin & Fitzinger African wild ass. The Service will use Exports, Imports, Reporting and (1866) from Equus asinus Linnaeus the scientific name E. asinus for the recordkeeping requirements, (1758) was adopted in March 2003 by domesticated donkey or burro. Transportation.

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Regulation Promulgation shallow-water species fishery by vessels using pelagic trawl gear in those Accordingly, we hereby amend part using trawl gear in the Gulf of Alaska portions of the GOA open to directed 17, subchapter B of chapter I, title 50 of (GOA). This action is necessary because fishing for pollock and vessels fishing the Code of Federal Regulations, as set the second seasonal apportionment of under a cooperative quota permit in the forth below: the Pacific halibut bycatch allowance cooperative fishery in the Rockfish specified for the shallow-water species Program for the Central GOA. PART 17—[AMENDED] fishery in the GOA has been reached. After the effective date of this closure DATES: Effective 1200 hrs, Alaska local the maximum retainable amounts at ■ 1. The authority citation for part 17 time (A.l.t.), May 31, 2012, through 1200 § 679.20(e) and (f) apply at any time continues to read as follows: hrs, A.l.t., July 1, 2012. during a trip. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. FOR FURTHER INFORMATION CONTACT: Josh 1531–1544; 16 U.S.C. 4201–4245; Public Law Keaton, 907–586–7228. Classification 99–625, 100 Stat. 3500; unless otherwise SUPPLEMENTARY INFORMATION: NMFS noted. This action responds to the best manages the groundfish fishery in the available information recently obtained § 17.11 [Amended] GOA exclusive economic zone from the fishery. The Acting Assistant ■ 2. Amend § 17.11(h), the List of according to the Fishery Management Administrator for Fisheries, NOAA Endangered and Threatened Wildlife, by Plan for Groundfish of the Gulf of (AA), finds good cause to waive the amending the entry for ‘‘Ass, African Alaska (FMP) prepared by the North requirement to provide prior notice and wild’’ under MAMMALS by, in the Pacific Fishery Management Council opportunity for public comment Scientific name column, removing the under authority of the Magnuson- pursuant to the authority set forth at 5 words ‘‘Equus asinus’’ and adding in Stevens Fishery Conservation and U.S.C. 553(b)(B) as such requirement is their place the words ‘‘Equus Management Act. Regulations governing impracticable and contrary to the public africanus’’. fishing by U.S. vessels in accordance interest. This requirement is with the FMP appear at subpart H of 50 impracticable and contrary to the public Dated: May 17, 2012. CFR part 600 and 50 CFR part 679. interest as it would prevent NMFS from Gregory E. Siekaniec, The second seasonal apportionment responding to the most recent fisheries Director, Fish and Wildlife Service. of the Pacific halibut bycatch allowance data in a timely fashion and would [FR Doc. 2012–13421 Filed 6–4–12; 8:45 am] specified for the shallow-water species delay the closure of the shallow-water BILLING CODE 4310–55–P fishery in the GOA is 100 metric tons as species fishery by vessels using trawl established by the final 2012 and 2013 gear in the GOA. NMFS was unable to harvest specifications for groundfish of publish a notice providing time for DEPARTMENT OF COMMERCE the GOA (77 FR 15194, March 14, 2012), public comment because the most for the period 1200 hrs, A.l.t., April 1, recent, relevant data only became National Oceanic and Atmospheric 2012, through 1200 hrs, A.l.t., July 1, available as of May 29, 2012. Administration 2012. In accordance with § 679.21(d)(7)(i), The AA also finds good cause to 50 CFR Part 679 the Administrator, Alaska Region, waive the 30-day delay in the effective NMFS, has determined that the second date of this action under 5 U.S.C. [Docket No. 111207737–2141–02] seasonal apportionment of the Pacific 553(d)(3). This finding is based upon RIN 0648–XC056 halibut bycatch allowance specified for the reasons provided above for waiver of the trawl shallow-water species fishery prior notice and opportunity for public Fisheries of the Economic Exclusive in the GOA has been reached. comment. Zone Off Alaska; Shallow-Water Consequently, NMFS is prohibiting This action is required by § 679.21 Species Fishery by Vessels Using directed fishing for the shallow-water and is exempt from review under Trawl Gear in the Gulf of Alaska species fishery by vessels using trawl Executive Order 12866. AGENCY: National Marine Fisheries gear in the GOA. The species and Authority: 16 U.S.C. 1801 et seq. species groups that comprise the Service (NMFS), National Oceanic and Dated: May 31, 2012. Atmospheric Administration (NOAA), shallow-water species fishery are Commerce. pollock, Pacific cod, shallow-water James P. Burgess, Acting Director, Office of Sustainable ACTION: Temporary rule; closure. flatfish, flathead sole, Atka mackerel, skates, squids, sharks, octopuses, and Fisheries, National Marine Fisheries Service. SUMMARY: NMFS is prohibiting directed sculpins. This prohibition does not [FR Doc. 2012–13559 Filed 5–31–12; 4:15 pm] fishing for species that comprise the apply to fishing for pollock by vessels BILLING CODE 3510–22–P

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