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Federal Register/Vol. 77, No. 108/Tuesday, June 5, 2012/Rules and Regulations 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 hand-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 Species 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 driving 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 taxonomy and nomenclature of free to leave the site and may be the African wild ass. 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: Equus africanus (formerly E. duty’’ under the definition of that term RIN 1018–AY31 asinus). 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, Endangered Species 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. MAMMALS 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 VerDate Mar<15>2010 15:11 Jun 04, 2012 Jkt 226001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\05JNR1.SGM 05JNR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 77, No. 108 / Tuesday, June 5, 2012 / Rules and Regulations 33101 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 extinction (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 donkey. 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.
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