[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]
[[Page 31270]]
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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 Info_Coll@fws.gov. 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 Info_Coll@fws.gov, 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 Info_Coll@fws.gov 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]
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