[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Notices]
[Pages 31270-31271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10369]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-ES-2023-N045; MO# 300030113; OMB Control Number 1018-0165]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget; Implementing Regulations for Petitions

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the U.S. Fish and Wildlife Service (Service), are proposing to renew an 
information collection without revisions.

DATES: Interested persons are invited to submit comments on or before 
June 15, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to https://www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by selecting ``Currently under 
Review--Open for Public Comments'' or by using the search function. 
Please provide a copy of your comments to the Service Information 
Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: PRB 
(JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail); or by 
email to [email protected]. Please reference ``1018-0165'' in the 
subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Madonna L. Baucum, Service Information 
Collection Clearance Officer, by email at [email protected], or by 
telephone at (703) 358-2503. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act (PRA, 44 U.S.C. 3501 et seq.) and its implementing regulations at 5 
CFR 1320.8(d)(1), all information collections require approval under 
the PRA. 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.
    On February 9, 2023, we published in the Federal Register (88 FR 
8451) a notice of our intent to request that OMB approve this 
information collection. In that notice, we solicited comments for 60 
days, ending on April 10, 2023. In an effort to increase public 
awareness of, and participation in, our public commenting processes 
associated with information collection requests, the Service also 
published the Federal Register notice on Regulations.gov (Docket FWS-
HQ-ES-2023-0006) to provide the public with an additional method to 
submit comments (in addition to the typical [email protected] email and 
U.S. mail submission methods). We received one anonymous comment which 
did not address the information collection requirements. No response to 
that comment is required.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we invite the public and other Federal agencies to comment on 
new, proposed, revised, and continuing collections of information. This 
helps us assess the impact of our information collection requirements 
and minimize the public's reporting burden. It also helps the public 
understand our information collection requirements and provide the 
requested data in the desired format.
    We are especially interested in public comment addressing the 
following:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) How might the agency minimize the burden of the collection of 
information on those who are to respond, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of response.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this ICR. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    Abstract: The Endangered Species Act of 1973, as amended (ESA; 16 
U.S.C. 1531 et seq.), specifies the process by which the U.S. Fish and 
Wildlife Service and the National Marine Fisheries Service (Services, 
we) make decisions on listing, delisting, or changing the status of a 
listed species, or revising critical habitat. Any interested person may 
submit a written petition to the Services requesting to add a species 
to the Lists of Endangered and 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. The 
petition process is a central feature of the ESA and serves a 
beneficial public purpose.

Petitions

    Information collected from petitioners used to determine whether to 
list a species includes:
    (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 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, and letters from authorities) cited in the 
petition;
    (7) For petitions to list, delist, or reclassify a species:
     Information to establish whether the subject entity is a 
``species'' as defined in the ESA;
     Information on the current geographic range of the 
species, including range States or countries; and
     Copies of notification letters to States (explained in 
more detail below);
    (8) Information on current population status and trends and 
estimates of current population sizes and

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distributions, both in captivity and the wild, if available;
    (9) Identification of the factors under section 4(a)(1) of the ESA 
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 ESA 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 sufficient supporting information 
to substantiate the requested changes, which may include GIS data or 
boundary layers that relate to the request, if appropriate;
     Description of 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; and
    (13) A complete, balanced representation of the relevant facts, 
including information that may contradict claims in the petition.

Notification of States

    For petitions to list, delist, or change the status of a species, 
or for petitions to revise critical habitat, regulations require 
petitioners to provide notice of their intention to submit a petition 
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. Because a court of appeals 
invalidated this regulatory requirement, the Service proceeds with 
processing petitions even without evidence that the petitioner has 
provided notice to the responsible State agency. There are no forms 
associated with this information collection.
    Title of Collection: Implementing Regulations for Petitions, 50 CFR 
424.14.
    OMB Control Number: 1018-0165.
    Form Number: None.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Individuals, private sector, and 
State/Tribal governments.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: $280.00 (for materials, 
printing, postage, and data equipment maintenance, etc.).

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                                                                                      Average
                                                      Average                       completion       Estimated
           Requirement            Annual  number     number of    Annual  number     time per      annual burden
                                  of respondents  responses each   of responses      response          hours
                                                                                      (hours)
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                  Petitioner--Prepare and Submit Petitions (50 CFR 424.14(c), (d), (e), and (g)
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Individuals.....................               2               1               2             120             240
Private Sector..................              11               1              11             120           1,320
Government......................               1               1               1             120             120
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                                   Petitioner--Notify States (50 CFR part 424)
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Individuals.....................               1               1               1               1               1
Private Sector..................               1               1               1               1               1
Government......................               1               1               1               1               1
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    Totals......................              17  ..............              17  ..............           1,683
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    An agency may not conduct or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2023-10369 Filed 5-15-23; 8:45 am]
BILLING CODE 4333-15-P