[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Proposed Rules]
[Pages 23448-23455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09200]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 424

[Docket Nos. FWS-HQ-ES-2015-0016; DOC 150506429-5429-01; 4500030113]
RIN 1018-BA53; 0648-BF06


Endangered and Threatened Wildlife and Plants; Revisions to the 
Regulations for Petitions

AGENCY: U.S. Fish and Wildlife Service (FWS), Interior; National Marine 
Fisheries Service (NMFS), National Oceanic and Atmospheric 
Administration (NOAA), Commerce.

ACTION: Proposed rule; revision and reopening of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service and the National Marine 
Fisheries Service (Services), announce revisions to the May 21, 2015, 
proposed rule that would revise the regulations pertaining to 
submission of petitions and the reopening of the public comment period. 
In this document, we are setting forth modified proposed amendments to 
the regulations based on comments and information we received during 
the May 21, 2015, proposed rule's public comment period. We are 
reopening the comment period to allow all interested parties an 
opportunity to comment on these revisions, as described in this 
document, and on the information collection requirements. Comments 
previously submitted need not be resubmitted, as they have been 
considered in development of this revised proposed rule and will be 
fully considered in preparation of the final rule.

DATES: We will consider comments received or postmarked on or before 
May 23, 2016. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. Eastern Time on the closing date. Comments on the information 
collection aspects of this proposed rule must be received on or before 
May 23, 2016.

ADDRESSES: Comments on the Proposed Rule. You may submit comments by 
one of the following methods:
     Electronically: Go to the Federal eRulemaking Portal: 
http://www.regulations.gov. In the Search box, enter the docket number 
for this proposed rule, which is FWS-HQ-ES-2015-0016. Then click on the 
Search button. In the Search panel on the left side of the screen, 
under the Document Type heading, click on the Proposed Rules link to 
locate this document. You may submit a comment by clicking on ``Comment 
Now!'' Please ensure that you have found the correct document before 
submitting your comment.
     By hard copy: Submit by U.S. mail or hand delivery to: 
Public Comments Processing, Attn: Docket No. FWS-HQ-ES-2015-0016; U.S. 
Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, 
VA 22041-3803.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Request for Information, below, for more information).
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this personal identifying 
information from public review. However, we cannot guarantee that we 
will be able to do so. We will post all hardcopy submissions on http://www.regulations.gov.
    Comments on the Information Collection Aspects of the Proposed 
Rule: You may review the Information Collection Request online at 
http://www.reginfo.gov. Follow the instructions to review Department of 
the Interior collections under review by the Office of Management and 
Budget (OMB). Send comments (identified by 1018-BA53) specific to the 
information collection aspects of this proposed rule to both the:
     Desk Officer for the Department of the Interior at OMB-
OIRA at (202) 295-5806 (fax) or [email protected] (email); 
and
     Service Information Collection Clearance Officer; Division 
of Policy, Performance, and Management Programs; U.S. Fish and Wildlife 
Service, MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803 
(mail); or [email protected] (email).

FOR FURTHER INFORMATION CONTACT: Bridget Fahey, U.S. Fish and Wildlife 
Service, Division of Conservation and Classification, 5275 Leesburg 
Pike, Falls Church, VA 22041-3803, telephone 703-358-2171, facsimile 
703-358-1735; or Angela Somma, National Marine Fisheries Service, 
Office of Protected Resources, 1315 East-West Highway, Silver Spring, 
MD 20910, telephone 301-427-8403. If you use a telecommunications 
device for the deaf (TDD), call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    On May 21, 2015, the Services proposed revising the regulations at 
50 CFR 424.14 concerning petitions to improve the content and 
specificity of petitions and to enhance the efficiency and 
effectiveness of the petition process to support species conservation 
(80 FR 29286). Our revisions to Sec.  424.14 are intended to clarify 
and enhance the procedures and standards by which the Services will 
evaluate petitions under section 4(b)(3) of the Endangered Species Act 
of 1973, as amended (ESA or Act; 16 U.S.C. 1531 et seq.), and to 
provide greater clarity to the public on the petition-submission 
process and, thereby, assist petitioners in providing complete, robust 
petitions. The proposed changes will improve the quality of petitions 
through expanded content requirements and guidelines, and, in so doing, 
better focus the Services' resources on species that merit further 
analysis. However, in response to the comments and information we 
received during the May 21, 2015, proposed rule's public comment 
period, the Services are revising the proposed rule to streamline the 
process for according States notice of petitions, to reduce the amount 
of information that would need to be submitted with petitions, and to 
provide additional clarifications. It is our intent to discuss here 
only those topics directly relevant

[[Page 23449]]

to the changes we are making to the proposed rule. Additional 
background information, along with the Services' rationales and 
explanations of the intended meaning of the proposed regulatory text 
generally, can be found in the proposed rule published on May 21, 2015 
(80 FR 29286).

Changes From the May 21, 2015, Proposed Rule

General

    For clarity and simplicity, we make small revisions in language in 
the proposed regulation text. These changes include:
     Throughout the proposed regulation text we replace the 
title ``the Secretary'' or ``the Secretaries'' with ``the Services,'' 
as the Services are the designees of the Secretaries of Commerce and 
the Interior, respectively, in implementing the Act.
     We revise the headings for Sec.  424.14(c) and (d) to make 
them more uniform and clear; in this rule, those headings are 
``Information to be included in petitions to add or remove species from 
the lists, or change the listed status of a species'' and ``Information 
to be included in petitions to revise critical habitat,'' respectively.
     In Sec.  424.14(c)(3), we replace the phrase ``and, if so, 
how, including a description of the magnitude and imminence of the 
threats'' with the phrase ``and, if so, how high in magnitude and how 
imminent the threats to the species and its habitat are,'' for clarity.
     We expand the phrase ``available data layers if feasible'' 
in proposed Sec.  424.14(d)(1) to ``sufficient supporting information 
to substantiate the requested changes, which may include Geographic 
Information System (GIS) data or boundary layers that relate to the 
request, if appropriate,'' for additional clarity.
     In proposed Sec.  424.14(d)(2), we replace the phrase ``A 
description of physical or biological features essential for the 
conservation of the species'' with the phrase ``A description of any 
proposed revision to the already-identified physical or biological 
features essential for the conservation of the species,'' for clarity.
     In Sec.  424.14(g)(1)(iii), we replace the phrase ``in 
light of any prior determinations by the Secretary for the species'' 
with ``in light of any prior reviews or findings the Services have made 
on the listing status of the species'' to clarify that context for 
petition findings comes not only from previous final decisions to list 
or not to list a species, but also from other findings on, or reviews 
of, the listing status of the species. For example, when the Services 
have already conducted a candidate assessment on their own initiative, 
a 90-day or 12-month finding on a petition to complete the same action, 
or a status review that occurs every 5 years for listed species, such a 
review or finding provides context for the petition finding. We 
similarly changed ``conducted a status review of that species'' to 
``conducted a finding on, or review of, the listing status of that 
species'' for the same reason. We did not include specific reference to 
a ``5-year review'' since that term is used internally by the Services 
and is already encompassed by the broader language now used in the 
first sentence.
     Also in Sec.  424.14(g)(1)(iii), we replace the reference 
to ``subsequent petition'' with ``any petition received thereafter'' as 
it removes the need to introduce and define new, potentially confusing 
terminology.
     Also in Sec.  424.14(g)(1)(iii), we add the sentence, 
``Where the prior review resulted in a final agency action, a petition 
generally would not be considered to present substantial scientific and 
commercial information indicating that the action may be warranted 
unless the petition provides new information not previously 
considered.'' Adding this sentence would maximize efficiency by 
allowing the Services to rely on previous final agency actions unless 
new information has since become available.
     In Sec.  424.14(g)(1), (g)(2)(i), (g)(2)(ii), 
(g)(2)(iii)(B), (h)(1), and (h)(2), we remove the word ``promptly'' 
with respect to publishing the Services' findings. The word 
``promptly'' is indefinite, and some might interpret it as the same day 
or within a few days. The Services intend their findings to be 
published as soon as possible, but cannot control precisely when 
publication in the Federal Register occurs and prefer to avoid language 
that could be misconstrued in this context.
     In Sec.  424.14(g)(2)(ii) and (h)(2), we remove the phrase 
``Within 12 months of receipt of the petition,'' with respect to the 
Services' final determination after conducting a status review, 
following a 90-day finding. The 12-month period is specified in the 
Act, and would be redundant and unnecessary to include in this 
regulation.

Requirements for Petitions--Paragraph (b)

    We add clarification at proposed Sec.  424.14(b)(2) that the 
requirement that only one ``species'' be the subject of each petition 
applies to ``taxonomic species.'' A petition may therefore address any 
configuration of members of that single taxonomic or biological species 
as defined by the Act (the full species, one or more subspecies, and, 
for vertebrate species, one or more distinct population segments 
(DPSs)). In other words, one petition may request consideration of, for 
example, both the full species entity and a subspecies of that entity, 
or, in the case of vertebrate species, one or more DPSs of the subject 
species as well. Separate petitions are not needed in this case.
    At proposed Sec.  424.14(b)(5), we add the word ``easily'' before 
``locate the information cited in the petition, including page numbers 
or chapters as applicable.'' The Services should not have to hunt 
through reference material to try to locate specific information; the 
petition should provide clear, specific citations that allow the 
supporting information to be located easily. If the Services cannot 
locate the supporting information easily, they may not be able to 
conclude that the statement for which the reference material is cited 
constitutes substantial information.
    At proposed Sec.  424.14(b)(6), we remove the phrase ``or valid 
links to public Web sites where the supporting materials can be 
accessed,'' because Web sites can and do change. A link provided in a 
petition may become invalid by the time the Services receive and 
evaluate the petition, or by the time any subsequent status review may 
be done. Therefore, we believe it best that electronic or hard copies 
of supporting materials cited in the petition be provided with the 
petition.
    At proposed Sec.  424.14(b)(7), we add the phrase ``delist a 
species, or change the status of a listed species,'' so that Sec.  
424.14(b)(7) now reads ``For a petition to list a species, delist a 
species, or change the status of a listed species, information to 
establish whether the subject entity is a `species' as defined in the 
Act.'' The reason for this addition is that the Services may be 
petitioned to delist an already-listed species on the basis that it is 
not a valid, listable entity under the Act. Another possible scenario 
may be that taxonomic revisions could result in a reconfiguration of a 
listed species into new entities, which may be determined to have a 
different listing status from the original entity, and thus the 
Services might be petitioned to change the status of a listed species 
on that basis. However, in simple petitions to uplist a species from 
threatened to endangered, or downlist a species from endangered to 
threatened, the petitioner would only need to point to the species' 
listed status to establish that the subject entity is a ``species'' as 
defined in the Act.

[[Page 23450]]

    At proposed Sec.  424.14(b)(9), we replace text concerning pre-
coordination of petitioners with States and gathering of information 
from State wildlife agencies with new text requiring only that 
petitioners notify affected States of their intention to file a 
petition to list, delist, change the status of, or revise critical 
habitat for a species, at least 30 days before submitting a petition to 
the Services. From the many comments we received on the proposed three 
options for pre-coordination, we realized that the complexity of 
attempting to contact and gather responsive data from multiple State 
wildlife agencies may cause an undue burden on the petitioner, and 
potentially slow down the petition process. Under the revised 
provision, the petitioner would be required to notify by letter each 
State in which the subject species occurs. A copy of the notification 
letter(s) would be required to be submitted with the petition when it 
is filed with either NMFS or FWS. We do not anticipate that this 
requirement would slow down the petition process, because petitioners 
can submit the letter to the States as soon as they begin to prepare 
the petition.
    Moreover, requiring this early notice to the States is consistent 
with the direction in Section 6 (16 U.S.C. 1535) to coordinate with 
States to the maximum extent practicable. This proposed provision would 
allow the Services to benefit from the States' considerable experience 
and information on the species within their boundaries because the 
States would have an opportunity to submit to the Services any 
information they have on the species early in the petition process. The 
Services would have the option, in formulating an initial finding, to 
use their discretion to consider any information provided by the States 
(as well as other readily available information) as part of the context 
in which they evaluate the information contained in the petition. If a 
subsequent status review is conducted, the Services would of course 
consider all relevant data and information, including that provided by 
States and any other interested parties, in making their determination.
    We remove proposed Sec.  424.14(b)(10), which required that a 
petitioner gather all relevant information on the subject species and 
provide a certification attesting to that. Many comments received on 
the original proposed rule emphasized that this requirement would be 
difficult to implement and enforce. We believe that the requirement at 
proposed Sec.  424.14(b)(4) to provide a detailed narrative 
justification for the recommended administrative action that contains 
an analysis of the information presented--in combination with the 
revised description at Sec.  424.14(c)(5) (see discussion below) that a 
robust petition should present a complete, balanced representation of 
the relevant facts--will help promote the high quality of petitions 
that we encourage petitioners to submit.

Types of Information To Be Included in Petitions To List, Delist, or 
Change the Status of a Listed Species--Paragraph (c)

    We add clarification at Sec.  424.14(c)(4) that we seek information 
on conservation actions that States, as well as other parties, have 
initiated or that are ongoing.
    We revise proposed Sec.  424.14(c)(5). In our May 21, 2015, 
proposed rule, we included this language for Sec.  424.14(c)(5):

    Except for petitions to delist, information that is useful in 
determining whether a critical habitat designation for the species 
is prudent and determinable (see Sec.  424.12), including 
information on recommended boundaries and physical features and the 
habitat requirements of the species; however, such information will 
not be a basis for determining whether the petition has presented 
substantial information that the petitioned action may be warranted.

    In this revised proposed rule, we add a new proposed Sec.  
424.14(c)(5) stating that a petitioner should provide a complete, 
balanced presentation of facts pertaining to the petitioned species, 
which would include any information the petitioner is aware of that 
contradicts claims in the petition. The intent of this provision is to 
discourage petitioners from presenting only that information that 
supports the claims in the petition, which might result in a biased, 
less-than-robust petition. Further, we removed the request for 
information useful in making determinations about critical habitat for 
the species; information regarding critical habitat is beyond the scope 
of information needed to make a 90-day finding, and is more appropriate 
for the Services to consider during subsequent status reviews and 
proposed listing determinations.

Information To Be Included in Petitions To Revise Critical Habitat--
Paragraph (d)

    We add clarification to proposed Sec.  424.14(d)(2) that if a 
petitioner believes the already-identified physical or biological 
features in an existing critical habitat designation should be revised, 
they should provide information on such a revision. In other words, 
petitioners requesting revisions to critical habitat designations need 
not provide information on which physical or biological features are 
essential unless they contend that some features currently recognized 
as essential are not, or that features not currently recognized as 
essential should be.
    In proposed Sec.  424.14(d)(4), which outlines information to be 
included in petitions to remove areas from designated critical habitat 
within the geographical area occupied by the species, we clarify that 
``features'' specifically refers to the ``physical or biological 
features,'' as described in our recent revision to 50 CFR 424.12 (81 FR 
7413; February 11, 2016). Further, to utilize the same language as the 
revised 50 CFR 424.12, we replace the clause ``(including features that 
allow the area to support the species periodically, over time)'' with 
``(including characteristics that support ephemeral or dynamic habitat 
conditions).''
    We revise proposed Sec.  424.14(d)(6) regarding providing 
information demonstrating that all relevant facts are presented in a 
petition to revise critical habitat, for the same reason discussed in 
our decision to remove proposed Sec.  424.14(b)(10), above. The revised 
proposed Sec.  424.14(d)(6) mirrors the revised proposed Sec.  
424.14(c)(5), stating that a petitioner should provide a complete, 
balanced presentation of facts pertaining to the petitioned species, 
which would include any information the petitioner is aware of that 
contradicts claims in the petition.

Responses to Requests--Paragraph (e)

    Proposed Sec.  424.14(e)(1) stated that if a request (a purported 
petition) does not meet the requirements set forth at Sec.  424.14(b), 
the Services will reject the request without making a finding. In this 
revised proposal we add language clarifying that the Services retain 
discretion to consider a request to be a petition and process that 
petition where the Services determine there has been substantial 
compliance with the relevant requirements. For example, if a petitioner 
cites 50 references, but provides copies of only 49 of the 50 
references with the petition, it is not likely that the Services would 
choose to reject the request without making a finding (unless the 
missing reference was a keystone in supporting the request). However, 
we do want to encourage the petitioner to be careful to ensure all 
cited materials are included with the petition, as this is an important 
part in making the petitioner's case. If the petitioner cites a source 
as giving support to an element in a petition, the petitioner should 
have actually

[[Page 23451]]

reviewed that source and thus should be able to provide it along with 
the petition.
    We also revise proposed Sec.  424.14(e)(2) concerning 
acknowledgement of receipt of petitions that do meet the requirements 
set forth at Sec.  424.14(b), by deleting ``in writing'' and ``within 
30 days of receipt.'' We make this revision to allow the Services 
greater flexibility in the means and timing of communicating with the 
petitioner its determination of whether the petition complies with the 
mandatory requirements. This revision also reflects the fact that, in 
this day of modern electronic communications, it is more efficient for 
petitioners to refer to the Services' online lists of active petitions, 
which are accessible to the public. We find that continuing the 
practice of written confirmations no longer provides the most effective 
or efficient means of communicating to all interested parties regarding 
the status of petitions.

Findings on a Petition To List, Delist, or Reclassify--Paragraph (g)

    In Sec.  424.14(g)(1)(ii), which describes what additional 
information the Services may use in evaluating a petition, beyond that 
which is provided with the petition, we propose to delete the phrase 
``in the agency's possession'' and revise this statement to simply 
state, ``The Services may also consider information readily available 
at the time the determination is made . . . .'' That information may 
not only be stored in the traditional hard copy format in files, but 
may be electronic data files as well, or stored on Web sites created by 
the Services or other Web sites routinely accessed by the Services. 
Further, the Services may consider information that they are able to 
retrieve through a quick Internet search. However, the Services are not 
required to search for or consider such information in making an 
initial finding on a petition, and would use that information only to 
provide context for evaluating the information in the petition rather 
than to supplement the petition.
    We remove the phrase ``and so notify the petitioner'' that occurred 
in proposed Sec.  424.14(g)(1), (g)(2)(i), and (h)(1) to describe the 
process the Services follow once findings are made. Our intention in 
using this phrase was to state that the publication of our findings in 
the Federal Register constitutes our notification to the petitioner, 
but the phrasing was awkward, and it is clearer just to state that we 
will publish our finding in the Federal Register.
    We revised Sec.  424.14(g)(1)(iii), which addresses situations in 
which the Services have already made a finding on or conducted a review 
of the listing status of a species, and, after such finding or review, 
receive a petition seeking to list, reclassify, or delist that species. 
As explained in the preamble to the original proposal, such prior 
reviews constitute information readily available to the Services and 
provide important context for evaluation of petitions. Prior reviews 
represent a significant expenditure of the Services' resources, and it 
would be inefficient and unnecessary to require the Services to revisit 
issues for which a determination has already been made, unless there is 
a basis for reconsideration. In the case of prior reviews that led to 
final agency actions (such as final listings, 12-month not warranted 
findings, and 90-day not-substantial findings), a petition generally 
would not be found to provide substantial information unless the 
petition provides new information or a new analysis not previously 
considered in the final agency action. By ``new'' we mean only that the 
information was not considered by the Services in the prior 
determination.
    These revisions are not meant to imply that the Service's finding 
on a petition addressing the same species as a prior determination 
would necessarily be negative. For example, the more time that has 
elapsed from the completion of the prior review, the greater the 
potential that substantial new information has become available. As 
another example, the Services may have concluded a 5-year status review 
in which we find that a listed species no longer warrants listing, but 
have not as yet initiated a rule-making to delist the species (in other 
words, have not yet undertaken a final agency action). If we receive a 
petition to delist that species, in which the petitioner provides no 
new or additional information than was considered in the 5-year status 
review, we would likely still find that the petition presents 
substantial information that the petitioned action may be warranted.

Petitions To Designate Critical Habitat or Adopt Rules Under Sections 
4(d), 4(e), or 10(j) of the Act--Paragraph (i)

    We revise the heading of this paragraph to clarify what was meant 
by ``special rules.'' This paragraph describes petitions that the 
Services will review in accordance with the Administrative Procedure 
Act (APA; 5 U.S.C. Subchapter II), and specifically includes petitions 
to designate critical habitat and requests pertaining to ESA sections 
4(d) (protective regulations for threatened species), 4(e) (similarity 
of appearance cases), and 10(j) (designation of experimental 
populations).
    We replace the clause ``Upon receiving a petition to designate 
critical habitat or to adopt a special rule to provide for the 
conservation of a species, the Secretary will promptly conduct a 
review,'' with the clause ``The Services will conduct a review of 
petitions to designate critical habitat or to adopt a rule under 
sections 4(d), 4(e), or 10(j) of the Act,'' to use plain language and 
provide clarity.

Withdrawal of Petition--Paragraph (j)

    We remove the requirement that a request from a petitioner to 
withdraw their petition must include the petitioner's name, signature, 
address, telephone number, if any, and the association, institution, or 
business affiliation, if any, of the petitioner. Such information has 
already been provided in the petition.

Request for Information

    Any final rule based on the May 21, 2015, proposed rule (80 FR 
29286), as amended by this revised proposed rule, will consider 
information and recommendations timely submitted from all interested 
parties. We solicit comments, information, and recommendations from 
governmental agencies, Native American tribes, the scientific 
community, industry groups, environmental interest groups, and any 
other interested parties on this revised proposed rule. All comments 
and materials received by the date listed in DATES, above, will be 
considered prior to the approval of a final rule.
    We specifically request comments and information evaluating the 
changes in this revised proposed rule, as discussed above and presented 
below under Proposed Regulation Promulgation. We are particularly 
interested in comments on our modified proposal to limit petitions to a 
single taxonomic species, in light of our clarification that a single 
petition may seek the listing of alternative configurations of the 
members of that species (i.e., as a species, subspecies, or one or more 
distinct population segments).
    Comments previously submitted on the original proposed rule need 
not be resubmitted, as they will be fully considered in preparation of 
the final rule.
    You may submit your information concerning this proposed rule by 
one of the methods listed in ADDRESSES.
    Information and supporting documentation that we receive in 
response to this proposed rule will be

[[Page 23452]]

available to review at http://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Division of Conservation and Classification (see FOR FURTHER 
INFORMATION CONTACT).

Required Determinations

    Based on our most current data, we affirm the following required 
determinations made in the May 21, 2015, proposed rule (80 FR 29286); 
see that document for descriptions of our actions to ensure compliance 
with the following statutes and Executive Orders:
     Regulatory Planning and Review (Executive Order 13563);
     Regulatory Flexibility Act;
     Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.);
     Takings (Executive Order 12630);
     Federalism (Executive Order 13132);
     Civil Justice Reform (Executive Order 12988);
     Government-to-Government Relationship With Tribes;
     Energy Supply, Distribution or Use (Executive Order 
13211); and
     Clarity of This Proposed Rule
    Our additional determinations follow:

Regulatory Planning and Review (Executive Order 12866)

    The Office of Management and Budget's Office of Information and 
Regulatory Affairs (OIRA) has determined that this rule is not 
significant under Executive Order 12866.

Paperwork Reduction Act of 1995 (PRA)

    This proposed rule contains a collection of information that the 
Services have submitted to OMB for approval under the PRA (44 U.S.C. 
3501 et seq.). We may not conduct or sponsor, and you are not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.
    Any interested person may submit a written petition to the Services 
requesting to add a species to the Lists of Endangered or Threatened 
Wildlife and Plants (Lists), remove a species from the Lists, change 
the listed status of a species, or revise the boundary of an area 
designated as critical habitat. We are asking OMB to approve the 
collection of information associated with these petitions:
    Petitions. This proposed rule specifies the information that must 
be included in petitions, including but not limited to:
    (1) Petitioner's name; signature; address; telephone number; and 
association, institution, or business affiliation;
    (2) Scientific and any common name of the species that is the 
subject of the petition;
    (3) Clear indication of the administrative action the petitioner 
seeks (e.g., listing of a species or revision of critical habitat);
    (4) Detailed narrative justification for the recommended 
administrative action that contains an analysis of the supporting 
information presented;
    (5) Literature citations that are specific enough for the Services 
to easily locate the supporting information cited by the petition, 
including page numbers or chapters, as applicable;
    (6) Electronic or hard copies of supporting materials (e.g., 
publications, maps, reports, letters from authorities) cited in the 
petition;
    (7) For petitions to list, delist, or reclassify a species include:
     Information to establish whether the subject entity is a 
``species'' as defined in the Act;
     Information on the current geographic range of the 
species, including range States or countries; and
     Copies of notification letters to States.
    (8) Information on current population status and trends and 
estimates of current population sizes and distributions, both in 
captivity and the wild, if available;
    (9) Identification of the factors under section 4(a)(1) of the Act 
that may affect the species and where these factors are acting upon the 
species;
    (10) Whether any or all of the factors alone or in combination 
identified in section 4(a)(1) of the Act may cause the species to be an 
endangered species or threatened species (i.e., place the species in 
danger of extinction now or in the foreseeable future), and, if so, 
how, including a description of the magnitude and imminence of the 
threats to the species and its habitat;
    (11) Information on existing regulatory protections and 
conservation activities that States or other parties have initiated or 
have put in place that may protect the species or its habitat;
    (12) For petitions to revise critical habitat:
     Description and map(s) of areas that the current 
designation (a) does not include that should be included or (b) 
includes that should no longer be included, and the rationale for 
designating or not designating these specific areas as critical 
habitat. Petitioners should include available data layers if feasible;
     When the petitioner requests that the physical or 
biological features identified in the designation should be changed, a 
description of the physical or biological features essential for the 
conservation of the species and whether they may require special 
management considerations or protection;
     For any areas petitioned to be added to critical habitat 
within the geographical area occupied by the species at the time it was 
listed, information indicating that the specific areas contain the 
physical or biological features that are essential to the conservation 
of the species and may require special management considerations or 
protection. The petitioner should also indicate which specific areas 
contain which features;
     For any areas petitioned for removal from currently 
designated critical habitat within the geographical area occupied by 
the species at the time it was listed, information indicating that the 
specific areas do not contain the physical or biological features that 
are essential to the conservation of the species, or that these 
features do not require special management consideration or 
protections; and
     For areas petitioned to be added to or removed from 
critical habitat that were outside the geographical area occupied by 
the species at the time it was listed, information indicating why the 
petitioned areas are or are not essential for the conservation of the 
species.
    (13) A complete, balanced representation of the relevant facts, 
including contrary facts.
    Notification of States. For petitions to list, delist, or change 
the status of a species, or for petitions to revise critical habitat, 
petitioners must notify applicable States of their intention to submit 
a petition. This notification must be made at least 30 days prior to 
submission of the petition. Copies of the notification letters must be 
included with the petition.
    Calculation of Burden Estimates. The burden information below 
includes estimates for both Services.
    We estimate the amount of time a petitioner may spend in preparing 
a petition, including researching literature and information sources 
and writing the petition, as 120 hours. We realize the time spent may 
be more or less than this estimate, but we believe this represents a 
realistic average. We invite comment on this as well as our other 
estimates in this PRA determination.
    Further, based on the average number of species per year over the 
past 5 years regarding which FWS and NMFS were petitioned, we estimate 
the average annual number of petitions received by both Services 
combined to be 50 (25 for

[[Page 23453]]

FWS and 25 for NMFS). Because each petition will be limited to a single 
taxonomic species under the proposed regulations, the average number of 
species included in petitions over the past 5 years may be more 
accurate than the average number of petitions as a gauge of the number 
of petitions we are likely to receive going forward. This estimate of 
the number of petitions the Services will receive in the future may be 
generous.
    We estimate that there will be a need for a petitioner to notify an 
average of 10 States per petition. Many species are narrow endemics and 
may only occur in one State, but others are wide-ranging and may occur 
in many States. However, we are erring on the side of over-estimating 
the potential number of States petitioners will need to notify on 
average.
    We estimate the non-hour cost burden per petition for printing and 
mailing to be minimal and have used a value of $20.00 in our 
calculation.
    OMB Control No: 1018-XXXX.
    Title: Petitions, 50 CFR 424.14.
    Service Form Number(s): None.
    Description of Respondents: Individuals, businesses, or 
organizations.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Estimated Annual Number of Respondents: 50.
    Frequency of Collection: On occasion.
    Total Annual Nonhour Cost Burden: $1,000.00.

----------------------------------------------------------------------------------------------------------------
                                                                     Estimated      Completion
                                                                     number of       time per        Estimated
                      Activity/requirement                            annual         response      total annual
                                                                     responses        (hours)      burden hours
----------------------------------------------------------------------------------------------------------------
Petitioner--prepare petition....................................              50             120           6,000
Petitioner--notify States.......................................             500               1             500
                                                                 -----------------------------------------------
    Total.......................................................             550  ..............           6,500
----------------------------------------------------------------------------------------------------------------

    As part of our continuing efforts to reduce paperwork and 
respondent burdens, we invite the public and other Federal agencies to 
comment on any aspect of the reporting burden associated with this 
proposed information collection. We specifically invite comments 
concerning:
     Whether or not the collection of information is necessary 
for the proper performance of our management functions, including 
whether or not the information will have practical utility;
     The accuracy of our estimate of the burden for the 
collection of information,
     Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
     Ways to minimize the burden of the collection of 
information on respondents.

If you wish to comment on the information collection requirements of 
this proposed rule, send your comments directly to OMB (see detailed 
instructions under the heading Comments on the Information Collection 
Aspects of the Proposed Rule in ADDRESSES). Please identify your 
comments with 1018-BA53. Provide a copy of your comments to the Service 
Information Collection Clearance Officer (see detailed instructions 
under the heading Comments on the Information Collection Aspects of the 
Proposed Rule in ADDRESSES).

National Environmental Policy Act

    We are analyzing this proposed regulation in accordance with the 
criteria of the National Environmental Policy Act (NEPA), the 
Department of the Interior regulations on Implementation of the 
National Environmental Policy Act (43 CFR 46.10-46.450), the Department 
of the Interior Manual (516 DM 1-4 and 8)), and National Oceanic and 
Atmospheric Administration (NOAA) Administrative Order 216-6. Our 
analysis includes evaluating whether this action is procedural, 
administrative, technical, or legal in nature, and therefore whether a 
categorical exclusion applies (see 43 CFR 46.210(i) and NOAA 
Administrative Order 216-6, section 6.03c.3(i)). We invite the public 
to comment on whether and, if so, how this proposed regulation may have 
a significant effect upon the human environment, including any effects 
identified as extraordinary circumstances at 43 CFR 46.215. We will 
complete our analysis, in compliance with NEPA, before finalizing these 
proposed regulations.

List of Subjects in 50 CFR Part 424

    Administrative practice and procedure, Endangered and threatened 
species.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 424, subchapter A of chapter 
IV, title 50 of the Code of Federal Regulations as set forth below:

PART 424--LISTING ENDANGERED AND THREATENED SPECIES AND DESIGNATING 
CRITICAL HABITAT

0
1. The authority citation for part 424 continues to read as follows:

    Authority: 16 U.S.C. 1531 et seq.

0
2. Add Sec.  424.03 to read as follows:


Sec.  424.03  Has the Office of Management and Budget approved the 
collection of information?

    The Office of Management and Budget reviewed and approved the 
information collection requirements contained in subpart B and assigned 
OMB Control No. 1018-XXXX. We use the information to evaluate and make 
decisions on petitions. We may not conduct or sponsor, and you are not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. You may send comments on the 
information collection requirements to the Information Collection 
Clearance Officer, U.S. Fish and Wildlife Service, at the address 
listed at 50 CFR 2.1(b).
0
3. Revise Sec.  424.14 to read as follows:


Sec.  424.14  Petitions.

    (a) Ability to petition. Any interested person may submit a written 
petition to the Services requesting that one of the actions described 
in Sec.  424.10 be taken for a species.
    (b) Requirements for petitions. A petition must clearly identify 
itself as such, be dated, and contain the following information:
    (1) The name, signature, address, telephone number, if any, and the 
association, institution, or business affiliation, if any, of the 
petitioner;
    (2) The scientific and any common name of the species that is the 
subject of the petition. Only one taxonomic species, along with any 
subspecies or distinct population segments of that species, may be the 
subject of a petition;
    (3) A clear indication of the administrative action the petitioner

[[Page 23454]]

seeks (e.g., listing of a species or revision of critical habitat);
    (4) A detailed narrative justification for the recommended 
administrative action that contains an analysis of the information 
presented;
    (5) Literature citations that are specific enough for the Services 
to easily locate the information cited in the petition, including page 
numbers or chapters as applicable;
    (6) Electronic or hard copies of supporting materials (e.g., 
publications, maps, reports, letters from authorities) cited in the 
petition;
    (7) For a petition to list a species, delist a species, or change 
the status of a listed species, information to establish whether the 
subject entity is a ``species'' as defined in the Act;
    (8) For a petition to list a species, delist a species, or change 
the status of a listed species, information on the current geographic 
range of the species, including range States or countries; and
    (9) For a petition to list a species, delist a species, or change 
the status of a listed species, or for petitions to revise critical 
habitat, petitioners must provide notice to the State agency 
responsible for the management and conservation of fish, plant, or 
wildlife resources in each State where the species that is the subject 
of the petition occurs. This notification must be made at least 30 days 
prior to submission of the petition. Copies of the notification letters 
must be included with the petition.
    (c) Information to be included in petitions to add or remove 
species from the lists, or change the listed status of a species. The 
Services' determinations as to whether the petition provides 
substantial information that the petitioned action may be warranted 
will depend in part on the degree to which the petition includes the 
following types of information; failure to include adequate information 
on any one or more of the following may result in a finding that the 
petition does not present substantial information:
    (1) Information on current population status and trends and 
estimates of current population sizes and distributions, both in 
captivity and the wild, if available;
    (2) Identification of the factors under section 4(a)(1) of the Act 
that may affect the species and where these factors are acting upon the 
species;
    (3) Whether any or all of the factors alone or in combination 
identified in section 4(a)(1) of the Act may cause the species to be an 
endangered species or threatened species (i.e., place the species in 
danger of extinction now or is likely to do so in the foreseeable 
future), and, if so, how high in magnitude and how imminent the threats 
to the species and its habitat are;
    (4) Information on adequacy of regulatory protections and 
conservation efforts that States, as well as other parties, have 
initiated or that are ongoing, that may protect the species or its 
habitat; and
    (5) A complete, balanced representation of the relevant facts, 
including information that may contradict claims in the petition.
    (d) Information to be included in petitions to revise critical 
habitat. The Services' determinations as to whether the petition 
provides substantial information that the petitioned action may be 
warranted will depend in part on the degree to which the petition 
includes the following types of information; failure to include 
adequate information on any one or more of the following may result in 
a finding that the petition does not present substantial information:
    (1) A description and map(s) of areas that the current designation 
does not include that should be included, or includes that should no 
longer be included, and the benefits of designating or not designating 
these specific areas as critical habitat. Petitioners should include 
sufficient supporting information to substantiate the requested 
changes, which may include GIS data or boundary layers that relate to 
the request, if appropriate;
    (2) A description of any proposed revision to the already-
identified physical or biological features essential for the 
conservation of the species, and whether they may require special 
management considerations or protection;
    (3) For any areas petitioned to be added to critical habitat within 
the geographical area occupied by the species at time it was listed, 
information indicating that the specific areas contain the physical or 
biological features that are essential to the conservation of the 
species and may require special management considerations or 
protection. The petitioner should also indicate which specific areas 
contain which features;
    (4) For any areas petitioned for removal from currently designated 
critical habitat within the geographical area occupied by the species 
at the time it was listed, information indicating that the specific 
areas do not contain the physical or biological features (including 
characteristics that support ephemeral or dynamic habitat conditions) 
that are essential to the conservation of the species, or that these 
features do not require special management consideration or 
protections;
    (5) For areas petitioned to be added to or removed from critical 
habitat that were outside the geographical area occupied by the species 
at the time it was listed, information indicating why the petitioned 
areas are or are not essential for the conservation of the species; and
    (6) A complete, balanced representation of the relevant facts, 
including information that may contradict claims in the petition.
    (e) Response to requests. (1) If a request does not meet the 
requirements set forth at paragraph (b) of this section, the Services 
will generally reject the request without making a finding, and will 
notify the sender and provide an explanation of the rejection. However, 
the Services retain discretion to process a petition where the Services 
determine there has been substantial compliance with the relevant 
requirements.
    (2) If a request does meet the requirements set forth at paragraph 
(b) of this section, the Services will acknowledge receipt of the 
petition.
    (f) Supplemental information. If the petitioner provides 
supplemental information before the initial finding is made and asks 
that it be considered in making a finding, the new information, along 
with the previously submitted information, is treated as a new petition 
that supersedes the original petition, and the statutory timeframes 
will begin when such supplemental information is received.
    (g) Findings on petitions to add or remove a species from the 
lists, or change the listed status of a species. (1) To the maximum 
extent practicable, within 90 days of receiving a petition to add a 
species to the lists, remove a species from the lists, or change the 
listed status of a species, the Services will make a finding as to 
whether the petition presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted. The 
Services will publish the finding in the Federal Register.
    (i) For the purposes of this section, ``substantial scientific or 
commercial information'' refers to credible scientific or commercial 
information in support of the petition's claims such that a reasonable 
person conducting an impartial scientific review would conclude that 
the action proposed in the petition may be warranted. Conclusions drawn 
in the petition without the support of credible scientific or 
commercial information will not be considered ``substantial 
information.''
    (ii) The Services will consider the information referenced at 
paragraphs

[[Page 23455]]

(b), (c), and (f) of this section. The Services may also consider 
information readily available at the time the determination is made in 
reaching the initial finding on the petition. The Services are not 
required to consider any supporting materials cited by the petitioner 
if the cited documents are not provided in accordance with paragraph 
(b)(6) of this section.
    (iii) The ``substantial scientific or commercial information'' 
standard must be applied in light of any prior reviews or findings the 
Services have made on the listing status of the species that is the 
subject of the petition. Where the Services have already conducted a 
finding on, or review of, the listing status of that species (whether 
in response to a petition or on the Services' own initiative), the 
Services will evaluate any petition received thereafter seeking to 
list, reclassify, or delist that species to determine whether a 
reasonable person conducting an impartial scientific review would 
conclude that the action proposed in the petition may be warranted 
despite the previous review or finding. Where the prior review resulted 
in a final agency action, a petition generally would not be considered 
to present substantial scientific and commercial information indicating 
that the action may be warranted unless the petition provides new 
information not previously considered.
    (2) If a positive 90-day finding is made, the Services will 
commence a review of the status of the species concerned. The Services 
will make one of the following findings:
    (i) The petitioned action is not warranted, in which case the 
Services shall publish a finding in the Federal Register.
    (ii) The petitioned action is warranted, in which case the Services 
will publish in the Federal Register a proposed regulation to implement 
the action pursuant to Sec.  424.16; or
    (iii) The petitioned action is warranted, but:
    (A) The immediate proposal and timely promulgation of a regulation 
to implement the petitioned action is precluded because of other 
pending proposals to list, delist, or change the listed status of 
species; and
    (B) Expeditious progress is being made to list, delist, or change 
the listed status of qualified species, in which case such finding will 
be published in the Federal Register together with a description and 
evaluation of the reasons and data on which the finding is based. The 
Services will make any determination of expeditious progress in 
relation to the amount of funds available after complying with 
nondiscretionary duties under section 4 of the Act and court orders and 
court-approved settlement agreements to take actions pursuant to 
section 4 of the Act.
    (3) If a finding is made under paragraph (g)(2)(iii) of this 
section with regard to any petition, the Services will, within 12 
months of such finding, again make one of the findings described in 
paragraph (g)(2) of this section with regard to such petition.
    (h) Findings on petitions to revise critical habitat. (1) To the 
maximum extent practicable, within 90 days of receiving a petition to 
revise a critical habitat designation, the Services will make a finding 
as to whether the petition presents substantial scientific information 
indicating that the revision may be warranted. The Services will 
publish such finding in the Federal Register.
    (i) For the purposes of this section, ``substantial scientific 
information'' refers to credible scientific information in support of 
the petition's claims such that a reasonable person conducting an 
impartial scientific review would conclude that the revision proposed 
in the petition may be warranted. Conclusions drawn in the petition 
without the support of credible scientific information will not be 
considered ``substantial information.''
    (ii) The Services will consider the information referenced at 
paragraphs (b), (d), and (f) of this section. The Services may also 
consider other information readily available at the time the 
determination is made in reaching its initial finding on the petition. 
The Services are not required to consider any supporting materials 
cited by the petitioner if the cited documents are not provided in 
accordance with paragraph (b)(6) of this section.
    (2) The Services will determine how to proceed with the requested 
revision, and will publish notice of such intention in the Federal 
Register. Such finding may, but need not, take a form similar to one of 
the findings described under paragraph (g)(2) of this section.
    (i) Petitions to designate critical habitat or adopt rules under 
sections 4(d), 4(e), or 10(j) of the Act. The Services will conduct a 
review of petitions to designate critical habitat or to adopt a rule 
under sections 4(d), 4(e), or 10(j) of the Act in accordance with the 
Administrative Procedure Act (5 U.S.C. 553) and applicable Departmental 
regulations, and take appropriate action.
    (j) Withdrawal of petition. A petitioner may withdraw the petition 
at any time during the petition process by submitting such request in 
writing. If a petition is withdrawn, the Services may, at their 
discretion, discontinue action on the petition finding, even if the 
Services have already made a substantial 90-day finding.

    Dated: April 4, 2016.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
    Dated: April 13, 2016.
Samuel D. Rausch, III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-09200 Filed 4-19-16; 4:15 pm]
 BILLING CODE 4333-15-P 3510-22-P