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Federal Register/Vol. 81, No. 166/Friday, August 26 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Proposed Rules 58895 www.regulations.gov, or via email to Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: [email protected]. For Department of Commerce. Maggie Miller, Office of Protected comments submitted at Regulations.gov, ACTION: 90-Day petition finding, request Resources, 301–427–8403. follow the online instructions for for information. SUPPLEMENTARY INFORMATION: submitting comments. Once submitted, Background comments cannot be edited or removed SUMMARY: We, NMFS, announce a 90- from Regulations.gov. For either manner day finding on a petition to list the On May 31, 2016, we received a of submission, the EPA may publish any chambered nautilus (Nautilus petition from the Center for Biological comment received to its public docket. pompilius) as a threatened species or an Diversity to list the chambered nautilus Do not submit electronically any endangered species under the (N. pompilius) as a threatened species or information you consider to be Endangered Species Act (ESA). We find an endangered species under the ESA. confidential business information (CBI) that the petition, along with information Copies of the petition are available upon or other information whose disclosure is readily available in our files, presents request (see ADDRESSES). restricted by statute. Multimedia substantial scientific or commercial ESA Statutory, Regulatory, and Policy submissions (audio, video, etc.) must be information indicating that the Provisions and Evaluation Framework accompanied by a written comment. petitioned action may be warranted. We Section 4(b)(3)(A) of the ESA of 1973, The written comment is considered the will conduct a status review of this as amended (16 U.S.C. 1531 et seq.), official comment and should include species to determine whether the requires, to the maximum extent discussion of all points you wish to petitioned action is in fact warranted. practicable, that within 90 days of make. The EPA will generally not To ensure that the status review is consider comments or comment receipt of a petition to list a species as comprehensive, we are soliciting threatened or endangered, the Secretary contents located outside of the primary scientific and commercial information submission (i.e. on the web, cloud, or of Commerce make a finding on whether pertaining to the chambered nautilus that petition presents substantial other file sharing system). For from any interested party. additional submission methods, please scientific or commercial information DATES: Information and comments on indicating that the petitioned action contact the person identified in the FOR the subject action must be received by may be warranted, and to promptly FURTHER INFORMATION CONTACT section. October 25, 2016. publish such finding in the Federal For the full EPA public comment policy, Register (16 U.S.C. 1533(b)(3)(A)). When information about CBI or multimedia ADDRESSES: You may submit comments, it is found that substantial scientific or submissions, and general guidance on information, or data on this document, commercial information in a petition making effective comments, please visit identified by the code NOAA-NMFS- indicates the petitioned action may be http://www2.epa.gov/dockets/ 2016-0098, by either of the following warranted (a ‘‘positive 90-day finding’’), commenting-epa-dockets. methods: • we are required to promptly commence FOR FURTHER INFORMATION CONTACT: Electronic Submissions: Submit all electronic public comments via the a review of the status of the species Gregory Becoat, (215) 814–2036, or by concerned during which we will email at [email protected]. Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D= conduct a comprehensive review of the SUPPLEMENTARY INFORMATION: For best available scientific and commercial NOAA-NMFS-2016-0098. Click the further information, please see the information. In such cases, we conclude ‘‘Comment Now’’ icon, complete the information provided in the direct final the review with a finding as to whether, required fields, and enter or attach your action, with the same title, that is in fact, the petitioned action is comments. located in the ‘‘Rules and Regulations’’ • warranted within 12 months of receipt section of this Federal Register Mail: Submit written comments to of the petition. Because the finding at publication. Maggie Miller, NMFS Office of the 12-month stage is based on a more Protected Resources (F/PR3), 1315 East thorough review of the available Dated: August 12, 2016. West Highway, Silver Spring, MD Shawn M. Garvin, information, as compared to the narrow 20910, USA. scope of review at the 90-day stage, a Regional Administrator, Region III. Instructions: Comments sent by any ‘‘may be warranted’’ finding does not [FR Doc. 2016–20297 Filed 8–25–16; 8:45 am] other method, to any other address or prejudge the outcome of the status BILLING CODE 6560–50–P individual, or received after the end of review. the comment period, may not be Under the ESA, a listing considered by NMFS. All comments determination may address a species, DEPARTMENT OF COMMERCE received are a part of the public record which is defined to also include and will generally be posted for public subspecies and, for any vertebrate National Oceanic and Atmospheric viewing on www.regulations.gov species, any distinct population Administration without change. All personal identifying segment (DPS) that interbreeds when information (e.g., name, address, etc.), mature (16 U.S.C. 1532(16)). Because 50 CFR Parts 223 and 224 confidential business information, or the chambered nautilus is an [Docket No. 160614518–6518–01] otherwise sensitive information invertebrate, the DPS option does not submitted voluntarily by the sender will apply. Under the ESA, a species or RIN 0648–XE685 be publicly accessible. NMFS will subspecies is ‘‘endangered’’ if it is in accept anonymous comments (enter ‘‘N/ Endangered and Threatened Wildlife; danger of extinction throughout all or a A’’ in the required fields if you wish to 90-Day Finding on a Petition To List significant portion of its range, or remain anonymous). Chambered Nautilus as Threatened or ‘‘threatened’’ if it is likely to become Endangered Under the Endangered Copies of the petition and related endangered within the foreseeable Species Act materials are available on our Web site future throughout all or a significant at http://www.fisheries.noaa.gov/pr/ portion of its range (ESA sections 3(6) AGENCY: National Marine Fisheries species/invertebrates/chambered- and 3(20), respectively, 16 U.S.C. Service (NMFS), National Oceanic and nautilus.html. 1532(6) and (20)). Pursuant to the ESA VerDate Sep<11>2014 17:00 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\26AUP1.SGM 26AUP1 mstockstill on DSK3G9T082PROD with PROPOSALS 58896 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Proposed Rules and our implementing regulations, we reliable and a reasonable person would Conservation of Nature (IUCN), the determine whether species are conclude it supports the petitioners’ American Fisheries Society, or threatened or endangered based on any assertions. In other words, conclusive NatureServe, as evidence of extinction one or a combination of the following information indicating the species may risk for a species. Risk classifications by five section 4(a)(1) factors: The present meet the ESA’s requirements for listing other organizations or made under other or threatened destruction, modification, is not required to make a positive 90- Federal or state statutes may be or curtailment of habitat or range; day finding. We will not conclude that informative, but such classification overutilization for commercial, a lack of specific information alone alone may not provide the rationale for recreational, scientific, or educational precludes a positive 90-day finding if a a positive 90-day finding under the purposes; disease or predation; reasonable person would conclude that ESA. For example, as explained by inadequacy of existing regulatory the unknown information itself suggests NatureServe, their assessments of a mechanisms; and any other natural or an extinction risk of concern for the species’ conservation status do ‘‘not manmade factors affecting the species’ species at issue. constitute a recommendation by existence (16 U.S.C. 1533(a)(1), 50 CFR To make a 90-day finding on a NatureServe for listing under the U.S. 424.11(c)). petition to list a species, we evaluate Endangered Species Act’’ because ESA-implementing regulations issued whether the petition presents NatureServe assessments ‘‘have jointly by NMFS and the U.S. Fish and substantial scientific or commercial different criteria, evidence Wildlife Service (50 CFR 424.14(b)) information indicating the subject requirements, purposes and taxonomic define ‘‘substantial information’’ in the species may be either threatened or coverage than government lists of context of reviewing a petition to list, endangered, as defined by the ESA. endangered and threatened species, and delist, or reclassify a species as the First, we evaluate whether the therefore these two types of lists should amount of information that would lead information presented in the petition, not be expected to coincide’’ (http:// a reasonable person to believe that the along with the information readily www.natureserve.org/prodServices/pdf/ measure proposed in the petition may available in our files, indicates that the NatureServeStatusAssessmentsListing-
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