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Federal Register/Vol. 76, No. 35/Tuesday, February 22, 2011 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 9681 II. Executive Order 12866 DEPARTMENT OF THE INTERIOR set forth the procedures for adding species to these lists. This is not a significant regulatory Fish and Wildlife Service action and, therefore, was not subject to Previous Federal Actions review under Section 6(b) of the 50 CFR Part 17 On November 29, 2006, the U.S. Fish Executive Order 12866, Regulatory and Wildlife Service (Service) received [Docket No. FWS–R9–IA–2008–0069; 92210– a petition from the Center for Biological Planning and Review, dated September 0–0010 B6] 30, 1993. This rule is not a major rule Diversity (CBD) to list 12 penguin under 5 U.S.C. 804. RIN 1018–AV73 species under the Act: emperor penguin (Aptenodytes forsteri), southern III. Regulatory Flexibility Act Endangered and Threatened Wildlife rockhopper penguin (Eudyptes and Plants; Determination of chrysocome), northern rockhopper The Regulatory Flexibility Act does Threatened Status for the New penguin (Eudyptes moseleyi), Fiordland not apply to this rule because an initial Zealand-Australia Distinct Population crested penguin (Eudyptes regulatory flexibility analysis is only Segment of the Southern Rockhopper pachyrhynchus), snares crested penguin required for proposed or interim rules Penguin (Eudyptes robustus), erect-crested that require publication for public AGENCY: penguin (Eudyptes sclateri), macaroni comment (5 U.S.C. 603) and a final Fish and Wildlife Service, Interior. penguin (Eudyptes chrysolophus), royal regulatory flexibility analysis is only penguin (Eudyptes schlegeli), white- ACTION: Final rule. required for final rules that were flippered penguin (Eudyptula minor previously published for public SUMMARY: We, the U.S. Fish and albosignata), yellow-eyed penguin comment, and for which an initial Wildlife Service (Service), determine (Megadyptes antipodes), African regulatory flexibility analysis was threatened status for the New Zealand/ penguin (Spheniscus demersus), and prepared (5 U.S.C. 604). Australia distinct population segment of Humboldt penguin (Spheniscus This final rule does not constitute a the southern rockhopper penguin humboldti). (Eudyptes chrysocome) under the On July 11, 2007, we published in the significant DFARS revision as defined at Federal Register a 90-day finding (72 FR FAR 1.501–1 because this rule will not Endangered Species Act of 1973, as amended. This final rule implements 37695) in which we determined that the have a significant cost or administrative petition presented substantial scientific impact on contractors or offerors, or a the Federal protections provided by the Act for this species. or commercial information indicating significant effect beyond the internal that listing 10 of the penguin species as DATES: This rule becomes effective operating procedures of the endangered or threatened may be March 24, 2011. Government. Therefore, publication for warranted, but determined that the public comment under 41 U.S.C. 418b is ADDRESSES: This final rule is available petition did not provide substantial not required. on the Internet at http:// scientific or commercial information www.regulations.gov and comments and indicating that listing the snares crested IV. Paperwork Reduction Act materials received, as well as supporting penguin and the royal penguin as documentation used in the preparation endangered or threatened may be The final rule does not contain any of this rule, will be available for public information collection requirements that warranted. inspection, by appointment, during Following the publication of our 90- require the approval of the Office of normal business hours at: U.S. Fish and day finding on this petition, we initiated Management and Budget under the Wildlife Service, 4401 N. Fairfax Drive, a status review to determine if listing Paperwork Reduction Act (44 U.S.C. Suite 400, Arlington, VA 22203. each of the 10 species was warranted, chapter 35). FOR FURTHER INFORMATION CONTACT: and sought information from the public List of Subjects in 48 CFR Part 219 Janine Van Norman, Branch Chief, and interested parties on the status of Foreign Species Branch, Endangered the 10 species of penguins. In addition, Government procurement. Species Program, U.S. Fish and Wildlife we attended the International Penguin Service, 4401 N. Fairfax Drive, Room Conference in Hobart, Tasmania, Mary Overstreet, 420, Arlington, VA 22203; telephone Australia, a quadrennial meeting of Editor, Defense Acquisition Regulations 703–358–2171; facsimile 703–358–1735. penguin scientists from September 3–7, System. If you use a telecommunications device 2007, to gather information and to Therefore, 48 CFR part 219 is for the deaf (TDD), call the Federal ensure that experts were aware of the amended as follows: Information Relay Service (FIRS) at status review. We also consulted with 800–877–8339. other agencies and range countries in an PART 219—SMALL BUSINESS SUPPLEMENTARY INFORMATION: effort to gather the best available PROGRAMS scientific and commercial information Background on these species. ■ 1. The authority citation for 48 CFR The Endangered Species Act of 1973, On December 3, 2007, we received a part 219 continues to read as follows: as amended (Act) (16 U.S.C. 1531 et 60-day Notice of Intent to Sue from the seq.), is a law that was passed to prevent CBD. On February 27, 2008, CBD filed Authority: 41 U.S.C. 421 and 48 CFR extinction of species by providing a complaint against the Department of chapter 1. measures to help alleviate the loss of the Interior for failure to make a 12- species and their habitats. Before a plant month finding (status determination) on Subpart 219.10—[Removed] or animal species can receive the the petition. On September 8, 2008, we protection provided by the Act, it must entered into a settlement agreement ■ 2. Remove subpart 219.10. first be added to the Federal Lists of with the CBD, in which we agreed to [FR Doc. 2011–3762 Filed 2–18–11; 8:45 am] Endangered and Threatened Wildlife submit to the Federal Register 12-month BILLING CODE 5001–08–P and Plants; section 4 of the Act and its findings for the 10 species of penguins, implementing regulations at 50 CFR 424 including the southern rockhopper VerDate Mar<15>2010 16:03 Feb 18, 2011 Jkt 223001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\22FER1.SGM 22FER1 mstockstill on DSKH9S0YB1PROD with RULES 9682 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations penguin, on or before December 19, contribute to development of a final The reviewer noted that in the Campbell 2008. rule. We also contacted appropriate Plateau SPR analysis we stated On December 18, 2008, we published scientific experts and invited them to ‘‘numbers at Macquarie Island are three documents: (1) A warranted 12- comment on the proposed listing. We reported to be stable’’, while in other month finding and proposed rule to list received 6 comments on our proposed sections of the proposed rule we the African penguin as endangered action: 4 from members of the public indicated population trends on under the Act (73 FR 77332); (2) a and 2 from peer reviewers. Two Macquarie Island were uncertain due to warranted 12-month finding and members of the public indicated the poor data. The reviewer also states that proposed rule to list the yellow-eyed species should be listed range-wide but the Macquarie Island population is penguin, white-flippered penguin, did not provide new or additional believed to have decreased from earlier Fiordland crested penguin, Humboldt information to support this claim. We reports of distribution and abundance, penguin, and erect-crested penguin as also received several comments and and that it would be more appropriate threatened under the Act (73 FR 77303); new information pertaining to species, to describe the Macquarie Island and (3) a warranted 12-month finding or portions of the southern rockhopper population as possibly stable following and proposed rule to list a significant penguin’s range, we determined in our a decrease during the past 30 or so portion of the ranfge (SPR) of the New 2008 status review (73 FR 77264) were years. Zealand/Australia distinct population not warranted for listing. We thank the Our Response: We agree with the peer segment (DPS) of the southern public and peer reviewers for this reviewer regarding inconsistencies in rockhopper penguin as threatened information and request that the public statements in the proposed rule related under the Act, together with a not- and peer reviewers continue to submit to Macquarie Island population trends. warranted 12-month finding to list the to our office (see ADDRESSES) any new The evidence does not support our remainder of the range of the southern information concerning the status of, or statement in the proposed rule that rockhopper penguin, as well as any threats to, these species. New numbers at Macquarie Island are portion of the range for the northern information will help us monitor the reported to be stable. Rather, reports rockhopper penguin, macaroni penguin, status of the species. indicate uncertain, or declining, and emperor penguin (73 FR 77264). We reviewed all comments we population trends on the island. We We finalized the actions listed in (1) received from the public and peer appreciate the reviewer’s clarification and (2) above on September 28, 2010 (75 reviewers for substantive issues and that numbers are believed to have FR 59645), and August 3, 2010 (75 FR new information regarding the proposed decreased over recent decades from 45497), respectively. This final rule listing of the Campbell Plateau SPR of those of earlier estimates. We have made completes the action referred to in (3) the NZ–AUS DPS of southern changes to this final rule to address the above. rockhopper penguin. We address those inconsistencies in the proposed rule and The SPR we proposed for listing for comments below.
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