[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Rules and Regulations]
[Pages 68370-68372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27297]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R3-ES-2013-0114; 30120-1113-0000-C4]
RIN 1018-AZ90
Endangered and Threatened Wildlife and Plants; Technical
Corrections for Kirtland's Warbler
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Direct final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the revised
taxonomy of Dendroica kirtlandii (Kirtland's warbler) under the
Endangered Species Act of 1973, as amended (Act). We are revising the
List of Endangered and Threatened Wildlife to reflect the
scientifically accepted taxonomy and nomenclature of this species. We
revise the scientific name of the species as follows: Setophaga
kirtlandii (= D. kirtlandii).
DATES: This rule is effective February 12, 2014 without further action,
unless significant adverse comment is received by January 13, 2014. If
significant adverse comment is received, we will publish a timely
withdrawal of the rule in the Federal Register.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments to Docket No. FWS-R3-
ES-2013-0114.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R3-ES-2013-0114; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
See Public Comments in SUPPLEMENTARY INFORMATION for more information
about submitting comments.
FOR FURTHER INFORMATION CONTACT: Barbara Hosler, Endangered Species
Coordinator, U.S. Fish and Wildlife Service, Ecological Services Field
Office, 2651 Coolidge Road, East Lansing, Michigan 44823; telephone
517-351-6326. Individuals who are hearing impaired or speech impaired
may call the Federal Relay Service at 800-877-8337 for TTY (telephone
typewriter or teletypewriter) assistance.
SUPPLEMENTARY INFORMATION:
Purpose of This Rule
The purpose of our direct final rule is to notify the public that
we are revising the List of Endangered and Threatened Wildlife to
reflect the scientifically accepted taxonomy and nomenclature of one
bird species listed under section 4 of the Act (16 U.S.C. 1531 et
seq.). The change to the List of Endangered and Threatened Wildlife (50
CFR 17.11(h)) reflects the most recently accepted scientific name in
accordance with 50 CFR 17.11(b).
We are publishing this rule without a prior proposal because this
is a noncontroversial action that, in the best interest of the
regulated public, should be undertaken in as timely a manner as
possible. This rule will be effective, as published in this document,
on the effective date specified in DATES, unless we receive significant
adverse comments on or before the comment due date specified in DATES.
Significant adverse comments are comments that provide strong
justification as to why our rule should not be adopted or why it should
be changed.
If we receive significant adverse comments, we will publish a
document in the Federal Register withdrawing this rule before the
effective date, and we will engage in the normal
[[Page 68371]]
rulemaking process to promulgate these changes to 50 CFR 17.11.
Public Comments
You may submit your comments and materials regarding our direct
final rule by one of the methods listed in ADDRESSES. Please include
sufficient information with your comment that allows us to verify any
scientific or commercial information you include.
We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us. Before including your address, phone number, email address, or
other personal information in your comment, you should be aware that
your entire comment--including your personal indentifying 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.
Comments and materials we receive, as well as supporting
documentation we used in preparing this direct final rule, will be
available for public inspection on the Internet at http://www.regulations.gov or by appointment, during normal business hours at
the U.S. Fish and Wildlife Service location listed above in FOR FURTHER
INFORMATION CONTACT.
Background
Section 17.11(b) of title 50 of the Code of Federal Regulations
(CFR) requires us to use the most recently accepted scientific name of
any species that we have determined to be an endangered or threatened
species. Using the best available scientific information, our direct
final rule documents a taxonomic change (scientific name) to Kirtland's
warbler (50 CFR 17.11(h)). The basis for the taxonomic change is
supported by published studies in peer-reviewed journals. We revise the
scientific name of this species under section 4 of the Act (16 U.S.C.
1531 et seq.) as follows: Setophaga kirtlandii (= D. kirtlandii). We
make this change to the List of Endangered and Threatened Wildlife (50
CFR 17.11(h)) to reflect the most recently accepted scientific name in
accordance with 50 CFR 17.11(b).
Taxonomic Classification
Setophaga kirtlandii
The scientific name change of Setophaga kirtlandii (Kirtland's
warbler) from Dendroica kirtlandii is supported by phylogenetic
analyses of sequences of mitochondrial and nuclear DNA (Lovette et al.
2010), which indicated that all species formerly placed in Dendroica,
as well as the hooded warbler (Wilsonia citrine), the northern parula
(Parula Americana), and the tropical parula (Parula pitiayumi), form a
clade with the American redstart (Setophaga ruticilla). The American
Ornithologists Union Committee on Classification and Nomenclature--
North and Middle America recognized that the generic name, Setophaga,
had priority for this clade, renamed the Kirtland's warbler as
Setophaga kirtlandii, and placed the species between the American
redstart and the Cape May warbler (Setophaga tigrina) (Chesser et al.
2011). This taxonomic change is included in our most recent 5-year
review for the species (USFWS 2012, p. 15). This species will continue
to be listed as endangered, and no other aspect of the entry for this
species in 50 CFR 17.11(h) will change as a result of this rule.
Required Determinations
Paperwork Reduction Act of 1995
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). This rule will not impose recordkeeping or reporting
requirements on State or local governments, individuals, businesses, or
organizations. 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.
National Environmental Policy Act
We have determined that we do not need to prepare environmental
assessments or environmental impact statements, as defined under the
authority of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), in connection with regulations adopted under section
4(a) of the Endangered Species Act. We published a notice outlining our
reasons for this determination in the Federal Register on October 25,
1983 (43 FR 49244).
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To help us to
revise this rule, your comments should be as specific as possible. For
example, you should tell us the paragraphs that are unclearly written,
which sections or sentences are too long, the sections where you feel
lists or tables would be useful, etc.
References Cited
A complete list of the referenced materials is available upon
request at http://www.regulations.gov at Docket No. FWS-R3-ES-2013-0114
or from the U.S. Fish and Wildlife Service (see FOR FURTHER INFORMATION
CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
For the reasons given in the preamble, we amend part 17, subchapter
B of chapter I, title 50 of the Code of Federal Regulations, as set
forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16. U.S.C. 1361-1407; 1531-1544; 4201-4245; unless
otherwise noted.
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2. Amend Sec. 17.11(h), the List of Endangered and Threatened
Wildlife, by revising the entry for ``Warbler (wood), Kirtland's''
under Birds to read as set forth below:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
[[Page 68372]]
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Species Vertebrate
--------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
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* * * * * * *
Warbler (wood), Kirtland's........ Setophaga kirtlandii U.S.A. (principally Entire.............. E 1, 3 NA NA
(=Dendroica MI), Canada, West
kirtlandii). Indies--Bahama
Islands.
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Dated: November 1, 2013.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-27297 Filed 11-13-13; 8:45 am]
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