72622 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Proposed Rules

parties must submit such comments appropriate in solicitations and DEPARTMENT OF THE INTERIOR separately and should cite 5 U.S.C. 610 contracts for complex or critical items (FAR Case 2012–032) in (see 46.203(b) and (c)) or when the Fish and Wildlife Service correspondence. technical requirements of the contract 50 CFR Part 17 V. Paperwork Reduction Act require— (1) Control of such things as design, [Docket No. FWS–HQ–ES–2013–0107;450 The proposed rule does not contain 003 0115] any information collection requirements work operations, in-process controls, testing, and inspection; or that require the approval of the Office of Endangered and Threatened Wildlife Management and Budget under the (2) Attention to such factors as and Plants; 90-Day Finding on a Paperwork Reduction Act (44 U.S.C. organization, planning, work Petition To List 11 Species in chapter 35). instructions, documentation control, the as and advanced metrology. List of Subjects in 48 CFR Parts 44, 46, Endangered or Threatened (b) When the contracting officer, in and 52 AGENCY: Fish and Wildlife Service, consultation with technical personnel Government procurement. Interior. and in accordance with agency Dated: November 26, 2013. procedures, finds it is in the ACTION: Notice of petition finding and William Clark, Government’s interest to require higher- initiation of status review. Acting Director, Office of Government-Wide level quality standards be implemented, SUMMARY: We, the U.S. Fish and Acquisition Policy, Office of Acquisition the contracting officer shall use the Policy, Office of Government-wide Policy. Wildlife Service (Service), announce a clause prescribed at 46.311 to list the 90-day finding on a petition to list 11 Therefore, DoD, GSA, and NASA applicable standard(s). Examples of tarantula species in the genus propose amending 48 CFR parts 44, 46, higher-level quality standards include, Poecilotheria as endangered or and 52 as set forth below: but are not limited to, ISO 9001, ASQ threatened species under the ■ 1. The authority citation for 48 CFR E, ASME NQA–1, SAE AS9100, SAE Endangered Species Act of 1973, as part 44 continues to read as follows: AS9003, SAE AS5553, and SAE amended (Act). Based on our review, we AS6174. Authority: 40 U.S.C. 121(c); 10 U.S.C. find that the petition presents chapter 137; and 51 U.S.C. 20113. ■ 5. Revise section 46.311 to read as substantial scientific and commercial follows: information indicating that listing these PART 44—SUBCONTRACTING species may be warranted. Therefore, POLICIES AND PROCEDURES 46.311 Higher-level contract quality with the publication of this notice, we requirement. are initiating a review of the status of ■ 2. Amend section 44.303 by— ■ a. Removing from the end of The contracting officer shall insert the these species to determine if listing paragraph (i) ‘‘and’’; clause at 52.246–11, Higher-Level these 11 species is warranted. To ensure ■ b. Removing from the end of Contract Quality Requirement, in that this status review is paragraph (j) the period and adding ‘‘; solicitations and contracts when the comprehensive, we request scientific and’’ in its place; and inclusion of a higher-level contract and commercial data and other ■ c. Adding paragraph (k). quality requirement is appropriate and information regarding these species. At The added text reads as follows: one or more such standards will be the conclusion of this review, we will included in the clause (see 46.202–4). issue a 12-month finding on the 44.303 Extent of review. petition, as provided in section * * * * * PART 52—SOLICITATION PROVISIONS 4(b)(3)(B) of the Act. (k) Implementation of higher-level AND CONTRACT CLAUSES DATES: To allow us adequate time to quality standards. conduct this review, we request that we ■ 6. The authority citation for 48 CFR receive information on or before PART 46—QUALITY ASSURANCE part 52 continues to read as follows: February 3, 2014. After this date, you ■ 3. The authority citation for 48 CFR Authority: 40 U.S.C. 121(c); 10 U.S.C. must submit information directly to the part 46 is revised to read as follows: chapter 137; and 51 U.S.C. 20113. office listed in the FOR FURTHER INFORMATION CONTACT section below. Authority: 40 U.S.C. 121(c); 10 U.S.C. ■ 7. Revise section 52.246–11 to read as chapter 137; and 51 U.S.C. 20113. Please note that we may not be able to follows: address or incorporate information that ■ 4. Revise section 46.202–4 to read as we receive after the above requested follows: 52.246–11 Higher-Level Contract Quality date. Requirement. 46.202–4 Higher-level contract quality ADDRESSES: You may submit requirements. As prescribed in 46.311, insert the information by one of the following (a) Agencies shall establish following clause: Higher-Level Contract methods: procedures for determining when Quality Requirement (Date) • Electronically: Go to the Federal higher-level contract quality The Contractor shall comply with the eRulemaking Portal: http:// requirements are necessary, for higher-level quality standard(s) listed below. www.regulations.gov. In the Search determining the risk (both the lllllllllllllllllllll field, enter Docket No. FWS–HQ–ES– likelihood and the impact) of receiving [Contracting Officer insert the title, 2013–0107, which is the docket number nonconforming items, and for advising number, date, and tailoring (if any) of the for this action. Then click on the Search the contracting officer about which higher-level quality standards.] button. You may submit information by higher-level standards should be clicking on ‘‘Comment Now!’’ If your applied and included in the solicitation (End of clause) information will fit in the provided and contract. Requiring compliance [FR Doc. 2013–28930 Filed 12–2–13; 8:45 am] comment box, please use this feature of with higher-level quality standards is BILLING CODE 6820–EP–P http://www.regulations.gov, as it is most

VerDate Mar<15>2010 17:28 Dec 02, 2013 Jkt 232001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\03DEP1.SGM 03DEP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Proposed Rules 72623

compatible with our information review of the Act (16 U.S.C. 1531 et seq.), of the five factors described in section procedures. If you attach your which are: 4(a)(1) of the Act: information as a separate document, our (a) The present or threatened (A) The present or threatened preferred file format is Microsoft Word. destruction, modification, or destruction, modification, or If you attach multiple pieces of curtailment of their habitat or range; curtailment of its habitat or range; information, our preferred format is a (b) Overutilization for commercial, (B) Overutilization for commercial, spreadsheet in Microsoft Excel. recreational, scientific, or educational recreational, scientific, or educational • By hard copy: U.S. mail or hand- purposes; purposes; delivery: Public Comments Processing, (c) Disease or predation; (C) Disease or predation; Attn: FWS–HQ–ES–2013–0107, (d) The inadequacy of existing (D) The inadequacy of existing Division of Policy and Directives regulatory mechanisms; or regulatory mechanisms; or Management; U.S. Fish and Wildlife (e) Other natural or manmade factors (E) Other natural or manmade factors Service; 4401 N. Fairfax Drive, MS affecting each species’ continued affecting its continued existence. 2042–PDM; Arlington, VA 22203. existence. In making this 90-day finding, we We will not accept information by (3) The potential effects of climate evaluated whether information email or fax. We will post all change on each species and its habitat. regarding threats to each species, as Please include sufficient information information on http:// presented in the petition and other with your submission (such as full www.regulations.gov. This generally information available in our files, is references) to allow us to verify any means that we will post any personal substantial, thereby indicating that the scientific or commercial information information you provide us (see the petitioned action may be warranted. Our you include. Submissions merely stating Information Requested section, below, evaluation of this information is support for or opposition to the action for more information). presented in Appendix A. in Docket No. under consideration without providing FWS–HQ–ES–2013–0107 on http:// FOR FURTHER INFORMATION CONTACT: supporting information, although noted, www.regulations.gov. Janine Van Norman, Chief, Branch of will not be considered in making a Foreign Species, Endangered Species determination. Section 4(b)(1)(A) of the Background Program, U.S. Fish and Wildlife Service, Act directs that determinations as to Section 4(b)(3)(A) of the Act requires 4401 N. Fairfax Drive, Room 420, whether any species is an endangered or that we make a finding on whether a Arlington, VA 22203; telephone 703– threatened species must be made petition to list, delist, or reclassify a 358–2171; facsimile 703–358–1735. If ‘‘solely on the basis of the best scientific species presents substantial scientific or you use a telecommunications device and commercial data available.’’ commercial information indicating that for the deaf (TDD), call the Federal You may submit your information the petitioned action may be warranted. Information Relay Service (FIRS) at concerning this status review by one of We are to base this finding on 800–877–8339. the methods listed in the ADDRESSES information provided in the petition, SUPPLEMENTARY INFORMATION: section. If you submit information via supporting information submitted with Information Requested http://www.regulations.gov, your entire the petition, and information otherwise submission—including any personal available in our files. To the maximum For the status review to be complete identifying information—will be posted extent practicable, we are to make this and based on the best available on the Web site. If you submit a hard finding within 90 days of our receipt of scientific and commercial information, copy that includes personal identifying the petition and publish our notice of we request information on 11 information, you may request at the top the finding promptly in the Federal Poecilotheria species (see list in Table 1, of your document that we withhold this Register. below) from government agencies personal identifying information from Our standard for substantial scientific (including foreign national and public review. However, we cannot or commercial information within the provincial governments within the guarantee that we will be able to do so. Code of Federal Regulations (CFR) with range of each of these species), the We will post all hard copy submissions regard to a 90-day petition finding is scientific community, industry, and any on http://www.regulations.gov. ‘‘that amount of information that would other interested parties. We seek Information and supporting lead a reasonable person to believe that information on: documentation that we received and the measure proposed in the petition (1) Each species’ biology, range, and used in preparing this finding will be may be warranted’’ (50 CFR 424.14(b)). population trends, including: available to review at http:// If we find that substantial scientific or (a) Habitat requirements for feeding, www.regulations.gov, or you may make commercial information was presented, breeding, and sheltering; an appointment during normal business we are required to promptly initiate a (b) Genetics and ; hours at the U.S. Fish and Wildlife species status review, which we (c) Historical and current range, Service, Endangered Species Program, subsequently summarize in our 12- including distribution patterns; Branch of Foreign Species (see FOR month finding. (d) Historical and current population FURTHER INFORMATION CONTACT). levels, and current and projected Petition History population trends; Evaluation of Information for a 90-Day We received a petition, dated October (e) Potential threats to each species, Finding on a Petition 29, 2010, from WildEarth Guardians such as harvest, domestic and foreign Section 4 of the Act (16 U.S.C. 1533) requesting that the following 11 eastern trade, habitat destruction, intentional and its implementing regulations at 50 hemisphere ‘‘tarantuala’’ species in the killing, or other threats not identified; CFR part 424 set forth the procedures genus Poecilotheria be listed under the and for adding a species to, or removing a Act as endangered or threatened: (f) Past and ongoing conservation species from, the Federal Lists of ; P. formosa; P. measures for each species or its habitat. Endangered and Threatened Wildlife hanumavilasumica; P. metallica; P. (2) The factors that are the basis for and Plants. A species may be miranda; P. ornata; P. pederseni; P. making a listing determination for a determined to be an endangered or rufilata; P. smithi; P. striata; and P. species or subspecies under section 4(a) threatened species due to one or more subfusca (see Table 1 for common

VerDate Mar<15>2010 17:28 Dec 02, 2013 Jkt 232001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\03DEP1.SGM 03DEP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 72624 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Proposed Rules

names associated with each of these 424.14(a). This finding addresses the five native to Sri Lanka (Table 1). All 11 species). The petition clearly identified petition. species named in the petition have multiple common names (Table 1) and itself as such and included the requisite Evaluation of Petition identification information for the are therefore referred to by their petitioner, as required by 50 CFR The 11 species named in the petition scientific names throughout this include six species native to and finding.

TABLE 1—LIST OF SPECIES IN THIS 90-DAY FINDING

Species Common name(s) Current range

Poecilotheria fasciata ...... banded parachute , Sri Lankan ornamental tarantula, lemon- Sri Lanka. legged tiger spider, Thada kaha iri padethi divimakuluwa. Poecilotheria formosa ...... beautiful parachute spider, finely formed parachute spider, Salem India. ornamental tarantula. Poecilotheria hanumavilasumica ...... Rameshwaram parachute spider, Rameshwaram ornamental ...... India. ...... peacock parachute spider, Gooty ornamental tarantula, Gooty ta- India. rantula, metallic tarantula, peacock tarantula, Salepurgu. Poecilotheria miranda ...... wonderful parachute spider, red parachute spider ...... India. ...... ornate parachute spider, fringed ornamental tarantula, yellow- Sri Lanka. legged tiger spider, Kaha iri padethi divimakuluwa. Poecilotheria pederseni ...... Hambantota parachute spider, Pederseni’s tiger spider, Pederseni Sri Lanka. divimakuluwa. ...... reddish parachute spider, rufus parachute spider, redslate orna- India. mental tarantula. Poecilotheria smithi ...... Kandy parachute spider, Smith’s tiger spider, Sithge divimakuluwa Sri Lanka. Poecilotheria striata ...... striped parachute spider, striated parachute spider, Mysore orna- India. mental tarantula. Poecilotheria subfusca ...... brown parachute spider, ivory ornamental tarantula, ivory bird-eat- Sri Lanka. ing tarantula, Eth dala peha iri padethi divimakuluwa.

Poecilotheria is a genus of very large, on the International Union for the Endangered (Siliwal et al. 2008c; IUCN ornate that occur in northeastern Conservation of Nature (IUCN) Red List 2001, pp. 18–20). and southern India and central and as Endangered (Molur et al. 2008b). P. striata: The species is found in the southern Sri Lanka (Petition, p. 1). P. hanumavilasumica: This species is Western Ghats just north and south of Poecilotheria species are arboreal and endemic to the Ramanthapuram district, the Palghat gap, in southern India. It has occur in mesic and xeric montane southern India, where it is restricted to been reported from fewer than 10 forests where they are generally found a few plantations. The species has been isolated locations, with spider under the bark or in natural cavities of recorded from eight subpopulations that abundance varying depending on the trees. Of the 11 species named in the vary in size from 4 to 78 individuals. habitat. Population information is not petition, P. fasciata occurs in xeric The species’ population is reported to available. The species is categorized on forests. The remaining 10 species occur be decreasing. It is categorized on the the IUCN Red List as Vulnerable in mesic forests (Petition, p. 8). IUCN Red List as Critically Endangered (Siliwal et al. 2008d; IUCN 2001, pp. Poecilotheria species appear to differ in (Siliwal et al. 2008a). 21–22). their tolerance of altered habitat P. metallica: This species is known Sri Lankan Species (Petition, p. 9). The primary factors from a single location in Andhra indicated in the petition as causing Pradesh, India. It is described as likely P. fasciata: Historically the species is these species to face extinction or being very rare. Population information known from eight locations in central endangerment include destruction of is not available, but the population is Sri Lanka (Petition, p. 6, citing several forest habitat, collection for the pet assumed to be decreasing. The species sources). In a 2003–2005 survey of Sri trade, intentional killing, inadequate is categorized on the IUCN Red List as Lankan Poecilotheria, three individuals regulatory mechanisms, range Critically Endangered (Molur et al. of this species were recorded in central restrictions and rarity, and cumulative 2008a). Sri Lanka. One individual was recorded threats. P. miranda: The species is recorded in Kurunagala, and one individual was Information provided in the petition from only a few locations in the Chhota recorded at each of two different sites in and in the references cited in the Nagpur region of northeast India. Naula (Samarawckrama et al. 2005, pp. petition regarding current ranges and Population information is not available, 76, 83). population trends is summarized below. but the species is described as rare. The P. ornata: Historically the species is population is assumed to be decreasing. Indian Species known from five locations in southern The species is categorized on the IUCN Sri Lanka (Petition, p. 7, citing several P. formosa: This species is reported Red List as Endangered (Siliwal et al. sources). In a 2003–2005 survey of Sri from three sites in two areas of the 2008b; IUCN 2001, pp. 18–20). Lankan Poecilotheria, six individuals of southern Eastern Ghats in southern P. rufilata: The species is endemic to this species were recorded in central India. Population information is not the southern Western Ghats, in southern and southern Sri Lanka. One individual available. Based on the ecology and India. The species is reported from six was recorded in Kitulgala Forest behavior of other closely related isolated locations. Population Reserve (in Central Province), two Poecilotheria species, and current information is not available, but the individuals were recorded in threats, the population is assumed to be species is assumed to be decreasing. It Udamaliboda, Deraniyagala (in decreasing. The species is categorized is categorized on the IUCN Red List as Sabaragamuwa Province), and three

VerDate Mar<15>2010 17:28 Dec 02, 2013 Jkt 232001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\03DEP1.SGM 03DEP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Proposed Rules 72625

individuals were recorded in Sinharaja determine that the petition presents commercial data’’ standard that applies World Heritage Site (in Southern substantial scientific or commercial to a 12-month finding as to whether a Province) (Samarawckrama et al. 2005, information indicating that listing these petitioned action is warranted. A 90-day pp. 76, 83). IUCN Sri Lanka (2007, p. 11 Poecilotheria species as endangered finding is not a status assessment of the 131) categorizes this species as ‘‘near or threatened may be warranted. This species and does not constitute a status threatened,’’ that is, it is very close to finding is based on information review under the Act. Our final qualifying for or is likely to qualify for provided in the petition regarding the determination as to whether a a threatened category in the near future. five factors: The present or threatened petitioned action is warranted is not P. pederseni: Historically the species destruction, modification, or made until we have completed a is known only from its type locality in curtailment of its habitat or range thorough status review of the species, Hambantota District (in Southern (Factor A); overutilization for Province) (Petition, p. 7, citing several which is conducted following a 90-day commercial, recreational, scientific, or finding that a petition presents sources). In a 2003–2005 survey of Sri educational purposes (Factor B); disease substantial scientific or commercial Lankan Poecilotheria, six individuals of and predation (Factor C); the information indicating that the this species were recorded in inadequacy of existing regulatory Hambantota. Three were recorded from mechanisms (Factor D); and other petitioned action may be warranted Bundala National Park, and three from natural or manmade factors affecting the (‘‘substantial 90-day finding’’). Because Madunagala Sanctuary (Samarawckrama species’ continued existence (Factor E). the Act’s standards for 90-day and 12- et al. 2005, pp. 76, 83). Based on information provided in the month findings are different, as P. smithi: The species is known only petition, in the sources cited in the described above, a substantial 90-day from two locations in south central Sri petition, and readily available in our finding does not necessarily mean that Lanka—Haragama and Kandy (Petition, files, we find that the petition presents the 12-month finding will result in a p. 7, citing several sources). In a 2003– substantial information indicating that warranted finding. 2005 survey of Sri Lankan Poecilotheria, the petitioned action may be warranted References Cited no P. smithi were recorded for all 11 petitioned species as a result (Samarawckrama et al. 2005, pp. 76, 83). of habitat destruction or degradation A complete list of all references cited IUCN Sri Lanka (2007, p. 48) categorizes through impacts associated with human in this 90-day finding is available on the this species as vulnerable. activities (Factor A), collection for the P. subfusca: Historically the species is Internet at http://www.regulations.gov at pet trade (Factor B), small populations known from seven locations in south- Docket No. FWS–HQ–ES–2013–0107 or or limited and fragmented range (Factor central Sri Lanka (Petition, p. 7, citing upon request from the Branch of Foreign E), and the cumulative impacts of several sources). In a 2003–2005 survey Species, Endangered Species Program, threats (Factors E). Further, we find that of Sri Lankan Poecilotheria, 20 U.S. Fish and Wildlife Service (see FOR the petitioned action may be warranted individuals of this species were FURTHER INFORMATION CONTACT). recorded in central Sri Lanka: One each for P. formosa, P. hanumavilasumica, P. Author from Dotulugala reserve and Gannoruwa rufilata, and P. striata as a result of the Village, Kandy (in Central Province); threat of intentional killing (Factor E), and for P. fasciata, P. ornata, P. The primary author of this finding is and 18 in Gannoruwa forest, though 15 staff of the Branch of Foreign Species, of the 18 were juveniles. IUCN Sri pederseni, P. smithi, and P. subfusca as a result of the inadequacy of existing Endangered Species Program, U.S. Fish Lanka (2007, p. 131) categorizes this and Wildlife Service. species as ‘‘near threatened,’’ that is, it regulatory mechanisms (Factor D). is very close to qualifying for or is likely Because we have found that the Authority to qualify for a threatened category in petition presents substantial the near future. information indicating that listing these The authority for this action is the In results of a survey of the genus in 11 Poecilotheria species may be Endangered Species Act of 1973, as Sri Lanka, Samarawckrama et al. (2005, warranted, we are initiating a status amended (16 U.S.C. 1531 et seq.). review to determine whether listing p. 76) indicate that they consider the Dated: November 13, 2013. these 11 species under the Act as five Sri Lankan Poecilotheria species to Steve Guertin, be endangered. endangered or threatened species is warranted. Acting Director, U.S. Fish and Wildlife Finding The ‘‘substantial information’’ Service. On the basis of our review under standard for a 90-day finding differs [FR Doc. 2013–28553 Filed 12–2–13; 8:45 am] section 4(b)(3)(A) of the Act, we from the Act’s ‘‘best scientific and BILLING CODE 4310–55–P

VerDate Mar<15>2010 17:28 Dec 02, 2013 Jkt 232001 PO 00000 Frm 00029 Fmt 4702 Sfmt 9990 E:\FR\FM\03DEP1.SGM 03DEP1 emcdonald on DSK67QTVN1PROD with PROPOSALS