Federal Register/Vol. 83, No. 183/Thursday, September 20, 2018
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47592 Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules Avenue SE, Washington, DC 20590, DEPARTMENT OF COMMERCE • Electronic Submissions: Submit all between 9 a.m. and 5 p.m., ET, Monday electronic public comments via the through Friday, except Federal holidays. National Oceanic and Atmospheric Federal eRulemaking Portal. Go to Administration www.regulations.gov/ Privacy Act #!docketDetail;D=NOAA-NMFS-2018- 50 CFR Parts 223 and 224 Under 5 U.S.C. 553(c), DOT solicits 0060. Click the ‘‘Comment Now’’ icon, comments from the public to better [Docket No. 180503449–8782–01] complete the required fields, and enter inform its potential rulemaking process. or attach your comments. RIN 0648–XG232 • DOT posts these comments, without Mail: Submit written comments to Lance Smith, NOAA IRC, NMFS/PIRO/ edit, including any personal information Endangered and Threatened Wildlife; PRD, 1845 Wasp Blvd., Bldg. 176, the commenter provides, to Positive 90-Day Finding on a Petition Honolulu, HI 96818. www.regulations.gov, as described in To List the Cauliflower Coral, Instructions: Comments sent by any the system of records notice (DOT/ALL– Pocillopora Meandrina, in Hawaii as other method, to any other address or 14 FDMS), which can be reviewed at Endangered or Threatened Under the individual, or received after the end of www.dot.gov/privacy. Endangered Species Act the comment period, may not be Background AGENCY: National Marine Fisheries considered by NMFS. All comments Service (NMFS), National Oceanic and received are a part of the public record The August 23, 2018 ANPRM (83 FR Atmospheric Administration (NOAA), and will generally be posted for public 42631) asked for public comment on Department of Commerce. viewing on www.regulations.gov four subject areas: Short haul ACTION: 90-day petition finding, request without change. All personal identifying operations, adverse conditions, the 30- for information, and initiation of status information (e.g., name, address, etc.), minute break, and the split-sleeper berth review. confidential business information, or provision. The ANPRM also sought otherwise sensitive information public comment on two petitions for SUMMARY: We, NMFS, announce a 90- submitted voluntarily by the sender will rulemaking from the Owner-Operator day finding on a petition to list the be publicly accessible. NMFS will Independent Drivers Association cauliflower coral (Pocillopora accept anonymous comments (enter (OOIDA) and TruckerNation. meandrina) in Hawaii as an endangered ‘‘N/A’’ in the required fields if you wish FMCSA held a public listening or threatened species under the to remain anonymous). session on August 24, 2018, at the Great Endangered Species Act (ESA). The Copies of the petition and related American Truck Show, in Dallas, Texas petition requested that the Hawaii materials are available on our website at (83 FR 42630). population of P. meandrina be http://www.fisheries.noaa.gov/species/ considered a significant portion of the Pocillopora-meandrina. Extension of the Public Comment range of the species, and that the species FOR FURTHER INFORMATION CONTACT: Period be listed because of its status in Hawaii. Lance Smith, NMFS, Pacific Islands Our policy on the interpretation of the The comment period for the ANPRM Regional Office, Protected Resources phrase ‘‘Significant Portion of Its was set to expire on September 24, 2018 Division, (808) 725–5131; or Chelsey Range’’ (SPR) under the ESA states that, (83 FR 42631). FMCSA received several Young, NMFS, Office of Protected before undergoing an SPR analysis, we Resources, 301–427–8403. requests to extend the comment period, must first find that the species is neither SUPPLEMENTARY INFORMATION: as noted above. Copies of the requests endangered nor threatened throughout are included in the docket referenced at all of its range. Therefore, we interpret Background the beginning of this notice. the petition as a request to consider the On March 14, 2018, we received a The organizations requested various status of P. meandrina throughout its petition from the Center for Biological lengths of time for the extension ranging range first. We find that the petition and Diversity to list the cauliflower coral from 30 to 60 days, stating that the other readily available information in (Pocillopora meandrina) in Hawaii as an additional time was needed to enable our files indicates that P. meandrina endangered or threatened species under them to prepare more comprehensive may warrant listing as a threatened the ESA. The petition asserts that P. responses based on research and species or an endangered species meandrina in Hawaii is threatened by at information that has only recently been throughout its range. Thus, we will least four of the five ESA section 4(a)(1) released or is expected to be released at initiate a global status review of P. factors: (1) Pesent modification of its upcoming industry meetings. meandrina to determine whether listing habitat; (2) disease and predation; (3) FMCSA has determined that it throughout its range is warranted. If inadequacy of existing regulatory extending the comment period would not, we will determine if Hawaii mechanisms: and (4) other natural or provide the organizations additional constitutes an SPR, and proceed manmade factors, specifically ocean time to prepare more detailed comments accordingly. To ensure that the status warming and ocean acidification that are reflective of the concerns of review is comprehensive, we are resulting from global climate change. their members. Accordingly, FMCSA soliciting scientific and commercial Copies of the petition are available upon extends the comment period for all information pertaining to P. meandrina request (see ADDRESSES). comments on the ANPRM to October 10, from any interested party. 2018. DATES: Information and comments on ESA Statutory, Regulatory, and Policy the subject action must be received by Provisions and Evaluation Framework Issued under the authority of delegations November 19, 2018. in 49 CFR 1.87: September 14, 2018. Section 4(b)(3)(A) of the ESA of 1973, ADDRESSES: You may submit comments, as amended (16 U.S.C. 1531 et seq.), Cathy F. Gautreaux, information, or data on this document, requires, to the maximum extent Deputy Administrator. identified by the code NOAA–NMFS– practicable, that within 90 days of [FR Doc. 2018–20430 Filed 9–19–18; 8:45 am] 2018–0060, by either of the following receipt of a petition to list a species as BILLING CODE 4910–EX–P methods: threatened or endangered, the Secretary VerDate Sep<11>2014 16:59 Sep 19, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM 20SEP1 tkelley on DSKBCP9HB2PROD with PROPOSALS2 Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules 47593 of Commerce make a finding on whether species, any distinct population reliable and a reasonable person would that petition presents substantial segment (DPS) that interbreeds when conclude it supports the petitioners’ scientific or commercial information mature (16 U.S.C. 1532(16)). Because P. assertions. In other words, conclusive indicating that the petitioned action meandrina is an invertebrate, it cannot information indicating the species may may be warranted, and promptly qualify as a DPS. Under the ESA, a meet the ESA’s requirements for listing publish such finding in the Federal species is ‘‘endangered’’ if it is in danger is not required to make a positive 90- Register (16 U.S.C. 1533(b)(3)(A)). When of extinction throughout all or a day finding. We will not conclude that it is found that substantial scientific or significant portion of its range, or a lack of specific information alone commercial information in a petition ‘‘threatened’’ if it is likely to become negates a positive 90-day finding if a indicates the petitioned action may be endangered within the foreseeable reasonable person would conclude that warranted (a ‘‘positive 90-day finding’’), future throughout all or a significant the unknown information itself suggests we are required to commence a portion of its range (ESA sections 3(6) an extinction risk of concern for the comprehensive review of the status of and 3(20), respectively, 16 U.S.C. species at issue. See 50 CFR 424.14 for the species concerned using the best 1532(6) and (20)). The petition requests regulations on petitions under the ESA. available scientific and commercial that the Hawaii portion of the species’ Our determination as to whether the information, which we will conclude range be considered a significant petition provides substantial scientific with a finding as to whether, in fact, the portion of its range, thus the petition or commercial information indicating petitioned action is warranted. This focuses primarily on the status of P. that the petitioned action may be finding is due within 12 months of meandrina in Hawaii. However, the warranted depends in part on the degree receipt of the petition. Because the petition also requests that P. meandrina to which the petition includes the finding at the 12-month stage is based be listed throughout its range, and following types of information: (1) on a more thorough review of the provides some information on its status Information on current population available information, compared to the and threats outside of Hawaii. Our status and trends and estimates of narrow scope of review at the 90-day policy on the interpretation of the current population sizes and stage, a ‘‘may be warranted’’ 90-day phrase ‘‘significant portion of its range’’ distributions, both in captivity and the finding does not prejudge the outcome (SPR) under the ESA (79 FR 37577, July wild, if available; (2) identification of of the 12-month finding. 1, 2014) states that, before undergoing the factors under section 4(a)(1) of the ESA-implementing regulations issued an analysis of SPR, we must first find ESA that may affect the species and jointly by NMFS and USFWS (50 CFR that the species is neither endangered where these factors are acting upon the 424.14(h)(1)(i)) define ‘‘substantial nor threatened throughout all of its species; (3) whether and to what extent scientific or commercial information’’ in range.