81_FR_14109 81 FR 14058 - Endangered and Threatened Wildlife and Plants; 90-Day Findings on 29 Petitions

81 FR 14058 - Endangered and Threatened Wildlife and Plants; 90-Day Findings on 29 Petitions

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14058-14072
FR Document2016-05699

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on various petitions to list, reclassify, or delist fish, wildlife, or plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that 13 petitions do not present substantial scientific or commercial information indicating that the petitioned actions may be warranted, and we are not initiating status reviews in response to these petitions. We refer to these as ``not-substantial'' petition findings. We also find that 16 petitions present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we announce that we plan to initiate a review of the status of these species to determine if the petitioned actions are warranted. To ensure that these status reviews are comprehensive, we are requesting scientific and commercial data and other information regarding these species. Based on the status reviews, we will issue 12-month findings on the petitions, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Proposed Rules]
[Pages 14058-14072]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05699]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[4500030115]


Endangered and Threatened Wildlife and Plants; 90-Day Findings on 
29 Petitions

AGENCY: Fish and Wildlife Service, Interior.

[[Page 14059]]


ACTION: Notice of petition findings and initiation of status reviews.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on various petitions to list, reclassify, or delist fish, 
wildlife, or plants under the Endangered Species Act of 1973, as 
amended (Act). Based on our review, we find that 13 petitions do not 
present substantial scientific or commercial information indicating 
that the petitioned actions may be warranted, and we are not initiating 
status reviews in response to these petitions. We refer to these as 
``not-substantial'' petition findings. We also find that 16 petitions 
present substantial scientific or commercial information indicating 
that the petitioned actions may be warranted. Therefore, with the 
publication of this document, we announce that we plan to initiate a 
review of the status of these species to determine if the petitioned 
actions are warranted. To ensure that these status reviews are 
comprehensive, we are requesting scientific and commercial data and 
other information regarding these species. Based on the status reviews, 
we will issue 12-month findings on the petitions, which will address 
whether the petitioned action is warranted, as provided in section 
4(b)(3)(B) of the Act.

DATES: When we conduct status reviews, we will consider all information 
that we have received. To ensure that we will have adequate time to 
consider submitted information during the status reviews, we request 
that we receive information no later than May 16, 2016. For information 
submitted electronically using the Federal eRulemaking Portal (see 
ADDRESSES, below), this would mean submitting the information 
electronically by 11:59 p.m. Eastern Time on that date.

ADDRESSES: Not-substantial petition findings: The not-substantial 
petition findings announced in this document are available on http://www.regulations.gov under the appropriate docket number (see Table 1 in 
SUPPLEMENTARY INFORMATION), or on the Service's Web site at http://ecos.fws.gov. Supporting information in preparing these findings is 
available for public inspection, by appointment, during normal business 
hours by contacting the appropriate person, as specified under Table 3 
in SUPPLEMENTARY INFORMATION. If you have new information concerning 
the status of, or threats to, any of these species or their habitats, 
please submit that information to the person listed under Table 3 in 
SUPPLEMENTARY INFORMATION.
    Status reviews: You may submit information on species for which a 
status review is being initiated by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the appropriate docket 
number (see Table 2 in SUPPLEMENTARY INFORMATION). You may submit 
information by clicking on ``Comment Now!'' If your information will 
fit in the provided comment box, please use this feature of http://www.regulations.gov, as it is most compatible with our information 
review procedures. If you attach your information as a separate 
document, our preferred file format is Microsoft Word. If you attach 
multiple comments (such as form letters), our preferred format is a 
spreadsheet in Microsoft Excel.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: [Insert appropriate docket number; see Table 
2 in SUPPLEMENTARY INFORMATION]; U.S. Fish and Wildlife Service, MS: 
BPHC, 5275 Leesburg Pike; Falls Church, VA 22041-3803.
    We request that you send information only by the methods described 
above. We will post all information received on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Request for Information for 
Status Reviews for more information).

FOR FURTHER INFORMATION CONTACT: See Table 3 in SUPPLEMENTARY 
INFORMATION for specific people to contact for each species.

SUPPLEMENTARY INFORMATION:

Not Substantial Findings

    The not-substantial petition findings announced in this document 
are listed in Table 1 below, and are available on http://www.regulations.gov under the appropriate docket number, or on the 
Service's Web site at http://ecos.fws.gov.

                Table 1--List of Not-Substantial Findings
------------------------------------------------------------------------
                                                      URL to docket in
          Common name               Docket No.        Regulations.gov
------------------------------------------------------------------------
Acuna cactus--delist..........  FWS-R2-ES-2016-00  http://
                                 25.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0025.
Arizona night lizard..........  FWS-R2-ES-2015-00  http://
                                 75.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2015-0075.
Arizona wetsalts tiger beetle.  FWS-R2-ES-2016-00  http://
                                 27.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0027.
Bezy's night lizard...........  FWS-R2-ES-2015-00  http://
                                 76.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2015-0076.
Cheoah Bald salamander........  FWS-R4-ES-2015-00  http://
                                 81.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R4-ES-2015-0081.
Cow Knob salamander...........  FWS-R5-ES-2015-00  http://
                                 84.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R5-ES-2015-0084.
MacDougal's yellowtops........  FWS-R2-ES-2016-00  http://
                                 33.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0033.
Monito skink..................  FWS-R4-ES-2016-00  http://
                                 34.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R4-ES-2016-0034.
Navasota ladies-tresses--       FWS-R2-ES-2016-00  http://
 delist.                         35.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0035.
Patagonia eyed silkmoth.......  FWS-R2-ES-2016-00  http://
                                 36.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0036.
Reticulate collared lizard....  FWS-R2-ES-2015-01  http://
                                 09.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R4-ES-2015-0109.
South Mountain gray-cheeked     FWS-R4-ES-2015-01  http://
 salamander.                     17.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R4-ES-2015-0117.
Southern dusky salamander.....  FWS-R4-ES-2016-00  http://
                                 38.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R4-ES-2016-0038.
------------------------------------------------------------------------


[[Page 14060]]

Substantial Findings

List of Substantial Findings

    The list of substantial findings is given below in Table 2.

Table 2--List of Substantial Findings for Which a Status Review Is Being
                               Initiated.
------------------------------------------------------------------------
                                                      URL to docket in
          Common name               Docket No.        Regulations.gov
------------------------------------------------------------------------
African elephant--reclassify..  FWS-HQ-ES-2016-00  http://
                                 10.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0010.
American burying beetle--       FWS-R2-ES-2016-00  http://
 delist.                         11.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0011.
Chinese pangolin..............  FWS-HQ-ES-2016-00  http://
                                 12.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0012.
Deseret milkvetch--delist.....  FWS-R6-ES-2016-00  http://
                                 13.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R6-ES-2016-0013.
Giant ground pangolin.........  FWS-HQ-ES-2016-00  http://
                                 14.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0014.
Indian pangolin...............  FWS-HQ-ES-2016-00  http://
                                 15.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0015.
Leoncita false-foxglove.......  FWS-R2-ES-2016-00  http://
                                 16.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0016.
Long-tailed pangolin..........  FWS-HQ-ES-2016-00  http://
                                 17.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0017.
Philippine pangolin...........  FWS-HQ-ES-2016-00  http://
                                 18.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0018.
Rio Grande chub...............  FWS-R2-ES-2016-00  http://
                                 19.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0019.
Rio Grande sucker.............  FWS-R2-ES-2016-00  http://
                                 20.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0020.
Southwestern willow             FWS-R2-ES-2016-00  http://
 flycatcher--delist.             39.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R2-ES-2016-0039.
Sunda pangolin................  FWS-HQ-ES-2016-00  http://
                                 21.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0021.
Tree pangolin.................  FWS-HQ-ES-2016-00  http://
                                 22.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    HQ-ES-2016-0022.
Western bumble bee............  FWS-R6-ES-2016-00  http://
                                 23.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R6-ES-2016-0023.
Yellow-banded bumble bee......  FWS-R5-ES-2016-00  http://
                                 24.                www.regulations.gov/
                                                    #!docketDetail;D=FWS-
                                                    R5-ES-2016-0024.
------------------------------------------------------------------------

Request for Information for Status Reviews

    When we make a finding that a petition presents substantial 
information indicating that listing, reclassification, or delisting a 
species may be warranted, we are required to review the status of the 
species (status review). For the status review to be complete and based 
on the best available scientific and commercial information, we request 
information on these species from governmental agencies, Native 
American Tribes, the scientific community, industry, and any other 
interested parties. We seek information on:
    (1) The species' biology, range, and population trends, including:
    (a) Habitat requirements;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns; 
and
    (d) Historical and current population levels, and current and 
projected trends.
    (2) The five factors that are the basis for making a listing, 
reclassification, or delisting determination for a species under 
section 4(a) of the Act (16 U.S.C. 1531 et seq.), including past and 
ongoing conservation measures that could decrease the extent to which 
one or more of the factors affect the species, its habitat, or both. 
The five factors are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range (Factor A);
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes (Factor B);
    (c) Disease or predation (Factor C);
    (d) The inadequacy of existing regulatory mechanisms (Factor D); or
    (e) Other natural or manmade factors affecting its continued 
existence (Factor E).
    (3) The potential effects of climate change on the species and its 
habitat, and the extent to which it affects the habitat or range of the 
species.
    If, after the status review, we determine that listing is 
warranted, we will propose critical habitat (see definition in section 
3(5)(A) of the Act) for domestic (U.S.) species under section 4 of the 
Act, to the maximum extent prudent and determinable at the time we 
propose to list the species. Therefore, we also request data and 
information for the species listed in Table 2 (to be submitted as 
provided for in the ADDRESSES section) on:
    (1) What may constitute ``physical or biological features essential 
to the conservation of the species,'' within the geographical range 
occupied by the species;
    (2) Where these features are currently found;
    (3) Whether any of these features may require special management 
considerations or protection;
    (4) Specific areas outside the geographical area occupied by the 
species that are ``essential for the conservation of the species''; and
    (5) What, if any, critical habitat you think we should propose for 
designation if the species is proposed for listing, and why such 
habitat falls within the definition of ``critical habitat'' at section 
3(5) of the Act.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Submissions merely stating support for or opposition to the actions 
under consideration without providing supporting information, although 
noted, will not be considered in making a determination. Section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is an endangered or threatened species must be made ``solely on 
the basis of the best scientific and commercial data available.''
    You may submit your information concerning these status reviews by 
one of the methods listed in the ADDRESSES section. 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 you submit 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.

Contacts

    Contact information is provided below in Table 3 for both 
substantial and not-substantial findings.

[[Page 14061]]



                                                Table 3--Contacts
----------------------------------------------------------------------------------------------------------------
                                     Common name                                            Contact person
----------------------------------------------------------------------------------------------------------------
Acuna cactus........................................................................  Brady McGee, 505-248-6657;
                                                                                       [email protected].
African elephant....................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
American burying beetle.............................................................  Brady McGee, 505-248-6657;
                                                                                       [email protected].
Arizona night lizard................................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Arizona wetsalts tiger beetle.......................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Bezy's night lizard.................................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Cheoah Bald salamander..............................................................  Sue Cameron, 828-258-3939;
                                                                                       [email protected].
Chinese pangolin....................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Cow Knob salamander.................................................................  Krishna Gifford, 413-253-
                                                                                       8619;
                                                                                       [email protected].
Deseret milkvetch...................................................................  Larry Crist, 801-975-3330
                                                                                       x126;
                                                                                       [email protected].
Giant ground pangolin...............................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Indian pangolin.....................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Leoncita false-foxglove.............................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Long-tailed pangolin................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
MacDougal's yellowtops..............................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Monito skink........................................................................  Andreas Moshogianis, 404-
                                                                                       679-7119;
                                                                                       [email protected].
Navasota ladies-tresses.............................................................  Brady McGee, 505-248-6657;
                                                                                       [email protected].
Patagonia eyed silkmoth.............................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Philippine pangolin.................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Reticulate collared lizard..........................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Rio Grande chub.....................................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
Rio Grande sucker...................................................................  Michelle Shaughnessy, 505-
                                                                                       248-6920;
                                                                                       [email protected].
South Mountain gray-cheeked salamander..............................................  Sue Cameron, 828-258-3939;
                                                                                       [email protected].
Southern dusky salamander...........................................................  Andreas Moshogianis, 404-
                                                                                       679-7119;
                                                                                       [email protected].
Southwestern willow flycatcher......................................................  Brady McGee, 505-248-6657;
                                                                                       [email protected].
Sunda pangolin......................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Tree pangolin.......................................................................  Jessica Evans, 703-358-
                                                                                       2141;
                                                                                       [email protected].
Western bumble bee..................................................................  Mark Sattelberg, 307-772-
                                                                                       2374;
                                                                                       [email protected].
Yellow-banded bumble bee............................................................  Krishna Gifford, 413-253-
                                                                                       8619;
                                                                                       [email protected].
----------------------------------------------------------------------------------------------------------------
If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service
  (FIRS) at 800-877-8339.

Background

    Section 4(b)(3)(A) of the Act requires that we make a finding on 
whether a petition to list, delist, or reclassify a species presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted. To the maximum extent practicable, 
we are to make this finding within 90 days of our receipt of the 
petition and publish our notice of the finding promptly in the Federal 
Register.
    Our regulations in the Code of Federal Regulations (CFR) establish 
that the standard for substantial scientific or commercial information 
with regard to a 90-day petition finding is ``that amount of 
information that would lead a reasonable person to believe that the 
measure proposed in the petition may be warranted'' (50 CFR 424.14(b)). 
If we find that a petition presents substantial scientific or 
commercial information, we are required to promptly commence a review 
of the status of the species, and we will subsequently summarize the 
status review in our 12-month finding.
    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR part 424 set forth the procedures for adding a 
species to, or removing a species from, the Federal Lists of Endangered 
and Threatened Wildlife and Plants. A species may be determined to be 
an endangered or threatened species because of one or more of the five 
factors described in section 4(a)(1) of the Act (see Request for 
Information for Status Reviews, above).
    In considering whether conditions described within one or more of 
the factors might constitute threats, we must look beyond the exposure 
of the species to those conditions to evaluate whether the species may 
respond to the conditions in a way that causes actual impacts to the 
species. If there is exposure to a condition and the species responds 
negatively, the condition qualifies as a stressor and, during the 
subsequent status review, we attempt to determine how significant the 
stressor is. If the stressor is sufficiently significant that it 
drives, or contributes to, the risk of extinction of the species such 
that the species may warrant listing as endangered or threatened as 
those terms are defined in the Act, the stressor constitutes a threat 
to the species. Thus, the identification of conditions that could 
affect a species negatively may not be sufficient to compel a finding 
that the information in the petition and our files is substantial. The 
information must include evidence sufficient to suggest that these 
conditions may be operative threats that act on the species to a 
sufficient degree that the species may meet the definition of an 
endangered or threatened species under the Act.

Evaluation of a Petition To Remove the Acuna Cactus From the List of 
Endangered and Threatened Wildlife

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0025 under the Supporting Documents section.

Species and Range

    Acuna cactus (Echinomastus erectocentrus var. acunensis): Arizona; 
Mexico

Petition History

    On October 21, 2014, we received a petition dated October 8, 2014, 
from Freeport-McMoRan Minerals Corporation requesting the acuna cactus 
be delisted under the Act due to invalid taxonomy, larger range than 
previously known, and lack of adequate monitoring and survey data 
resulting in overstated decline in populations. The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioner, required at 50 CFR 424.14(a). In a 
December 18, 2014, letter to the petitioner, we responded that we 
received the petition. This finding addresses the petition.

[[Page 14062]]

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action (delisting) may be warranted for the acuna cactus (Echinomastus 
erectocentrus var. acunensis). Because the petition does not present 
substantial information indicating that delisting the acuna cactus may 
be warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R2-ES-2016-0025 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of Two Petitions To Reclassify the African Elephant From a 
Threatened Species to an Endangered Species Under the Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0010 under the Supporting Documents section.

Species and Range

    African elephant (Loxodonta africana): Angola; Benin; Botswana; 
Burkina Faso; Cameroon; Central African Republic; Chad; Congo; 
Democratic Republic of the Congo; C[ocirc]te d'Ivoire; Equatorial 
Guinea; Eritrea; Ethiopia; Gabon; Ghana; Guinea; Guinea-Bissau; Kenya; 
Liberia; Malawi; Mali; Mozambique; Namibia; Niger; Nigeria; Rwanda; 
Senegal; Sierra Leone; Somalia; South Africa; South Sudan; Swaziland; 
Tanzania; Togo; Uganda; Zambia; Zimbabwe

Petitions History

    On February 12, 2015, we received an electronic petition dated 
February 11, 2015, from the International Fund for Animal Welfare, 
Humane Society International, Humane Society of the United States, and 
Fund for Animals requesting that the African elephant (Loxodonta 
africana) be reclassified from threatened status to endangered status 
under the Act. The petition clearly identified itself as such and 
included the requisite identification information for the petitioner, 
required at 50 CFR 424.14(a). In a June 17, 2015, letter to the 
petitioner, we responded that we had reviewed the information presented 
in the petition and did not find that the petition warranted an 
emergency listing under section 4(b)(7) of the Act.
    On June 10, 2015, we received a second petition dated June 10, 
2015, from the Center for Biological Diversity (CBD) requesting that 
the listed African elephant be reclassified from a single species 
(Loxodonta africana) into two separate species, forest elephants 
(Loxodonta cyclotis) and savannah elephants (Loxodonta africana); the 
petition also requested to have both species reclassified as endangered 
species under the Act. The petition clearly identified itself as such 
and included the requisite identification information for the 
petitioner, required at 50 CFR 424.14(a). In a June 17, 2015, letter to 
the petitioner, we responded that we had reviewed the information 
presented in the petition and did not find that the petition warranted 
an emergency listing under section 4(b)(7) of the Act.
    As both petitions requested the same action for the same species, 
this finding will address both petitions. Additionally, although CBD 
requested that the listed African elephant be reclassified from a 
single species (Loxodonta africana) into two separate species, the 
forest elephants (Loxodonta cyclotis) and the savannah elephants 
(Loxodonta africana), a taxonomic change is beyond the scope of our 
initial 90-day finding, and we will instead consider whether such a 
change is warranted as part of our status review and 12-month finding 
for the species.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the African elephant 
(Loxodonta africana) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To Remove the American Burying Beetle From the 
List of Endangered and Threatened Wildlife

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0011 under the Supporting Documents section.

Species and Range

    American burying beetle (Nicrophorus americanus): Arkansas, Kansas, 
Massachusetts, Missouri, Nebraska, Oklahoma, Rhode Island, South 
Dakota, and Texas

Petition History

    On August 18, 2015, we received a petition dated August 18, 2015, 
via electronic mail from American Stewards of Liberty, the Independent 
Petroleum Association of America, the Texas Public Policy Foundation, 
and Dr. Steven W. Carothers (petitioners) requesting that the American 
burying beetle be delisted under the Act due to error in information 
such that the existence or magnitude of threats to the species, or 
both, do not support a conclusion that the species is at risk of 
extinction now or in the foreseeable future. The petition clearly 
identified itself as a petition and included the requisite 
identification information for the petitioner, as required by 50 CFR 
424.14(a). This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action 
(delisting) may be warranted for the American burying beetle 
(Nicrophorus americanus), based on a lack of threats under any of the 
five listing factors. However, during our status review, we will 
thoroughly evaluate all potential threats to the species, including the 
extent to which any protections or other conservation efforts have 
reduced those threats. Thus, for this species, the Service requests any 
information relevant to whether the species falls within the definition 
of either an endangered species under section 3(6) of the Act or a 
threatened species under section 3(20), including information on the 
five listing factors under section 4(a)(1) and any other factors 
identified in this finding (see Request for Information for Status 
Reviews, above).

[[Page 14063]]

Evaluation of a Petition To List the Arizona Night Lizard as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2015-0075 under the Supporting Documents section.

Species and Range

    Arizona night lizard (Xantusia arizonae): Arizona

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
the Arizona night lizard, be listed under the Act as endangered or 
threatened and that critical habitat be designated under the Act. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). This finding addresses the Arizona night lizard.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Arizona night lizard (Xantusia 
arizonae). Because the petition does not present substantial 
information indicating that listing the Arizona night lizard may be 
warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R2-ES-2015-0075 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List the Arizona Wetsalts Tiger Beetle as 
an Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0027 under the Supporting Documents section.

Species and Range

    Arizona wetsalts tiger beetle (Cicindela haemorrhagica arizonae): 
Arizona and Utah. This is a subspecies of the wetsalts tiger beetle 
(Cicindela haemorrhagica).

Petition History

    On May 1, 2015, we received a petition dated May 1, 2015, from CBD 
requesting that the Arizona wetsalts tiger beetle be listed as 
threatened or endangered under the Act. The petition clearly identified 
itself as such and included the requisite identification information 
for the petitioner, required at 50 CFR 424.14(a). In a June 4, 2015, 
letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act. This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Arizona wetsalts tiger beetle 
(Cicindela haemorrhagica arizonae). Because the petition does not 
present substantial information indicating that listing the Arizona 
wetsalts tiger beetle may be warranted, we are not initiating a status 
review of this species in response to this petition. The basis and 
scientific support for this finding can be found as an appendix at 
http://www.regulations.gov under Docket No. FWS-R2-ES-2016-0027 under 
the Supporting Documents section. However, we ask that the public 
submit to us any new information that becomes available concerning the 
status of, or threats to, this species or its habitat at any time (see 
Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List Bezy's Night Lizard as an Endangered 
or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2015-0076 under the Supporting Documents section.

Species and Range

    Bezy's night lizard (Xantusia bezyi): Arizona

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
Bezy's night lizard, be listed under the Act as endangered or 
threatened and that critical habitat be designated under the Act. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). This finding addresses Bezy's night lizard.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for Bezy's night lizard (Xantusia bezyi). 
Because the petition does not present substantial information 
indicating that listing Bezy's night lizard may be warranted, we are 
not initiating a status review of this species in response to this 
petition. The basis and scientific support for this finding can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2015-0076 under the Supporting Documents section. However, we 
ask that the public submit to us any new information that becomes 
available concerning the status of, or threats to, this species or its 
habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List the Cheoah Bald Salamander as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R4-ES-2015-0081 under the Supporting Documents section.

Species and Range

    Cheoah Bald salamander (Plethodon cheoah): North Carolina

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
the Cheoah Bald salamander, be listed under the Act as endangered or 
threatened and that critical habitat be designated under the Act. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). This finding addresses the Cheoah Bald salamander.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present

[[Page 14064]]

substantial scientific or commercial information indicating that the 
petitioned action may be warranted for the Cheoah Bald salamander 
(Plethodon cheoah). Because the petition does not present substantial 
information indicating that listing the Cheoah Bald salamander may be 
warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R4-ES-2015-0081 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of Two Petitions To List the Chinese Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0012 under the Supporting Documents section.

Species and Range

    Chinese pangolin (Manis pentadactyla): Himalayan foothills, 
northern India; southern Bhutan; northeastern Bangladesh; northern Lao 
PDR; southern China; Taiwan; Hong Kong SAR; northern Viet Nam; 
northwest Thailand; and northern and western Myanmar

Petitions History

    On July 15, 2015, we electronically received a petition from Born 
Free USA (BFUSA), CBD, Humane Society International (HSI), The Humane 
Society of the United States (HSUS), and the International Fund for 
Animal Welfare (IFAW), requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
endangered species under the Act. The petition clearly identified 
itself as such and included the requisite identification information 
for the petitioner, required at 50 CFR 424.14(a). In an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSUS, and BFUSA requesting that the Service list the same 
seven species of pangolin (Chinese pangolin (Manis pentadactyla), Sunda 
pangolin (M. javanica), Philippine pangolin (M. culionensis), Indian 
pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant ground 
pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of these species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). In an August 17, 2015, letter to the petitioner, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the Chinese pangolin (Manis pentadactyla).

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the Chinese pangolin 
(Manis pentadactyla) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List the Cow Knob Salamander as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R5-ES-2015-0084 under the Supporting Documents section.

Species and Range

    Cow Knob (or white-spotted) salamander (Plethodon punctatus): 
Virginia, West Virginia

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
the Cow Knob (or white-spotted) salamander, be listed under the Act as 
endangered or threatened and that critical habitat be designated under 
the Act. The petition clearly identified itself as such and included 
the requisite identification information for the petitioner, required 
at 50 CFR 424.14(a). This finding addresses the Cow Knob salamander.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Cow Knob (or white-spotted) salamander 
(Plethodon punctatus). Because the petition does not present 
substantial information indicating that listing the Cow Knob salamander 
may be warranted, we are not initiating a status review of this species 
in response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R5-ES-2015-0084 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To Remove the Deseret Milkvetch From the List 
of Endangered and Threatened Wildlife

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R6-ES-2016-0013 under the Supporting Documents section.

[[Page 14065]]

Species and Range

    Deseret milkvetch (Astragalus desereticus): Utah

Petition History

    We received a petition dated October 6, 2015, from Western Area 
Power Administration requesting that Deseret milkvetch (currently 
listed as threatened), be delisted under the Act due to new 
information. The petition clearly identified itself as such and 
included the requisite identification information for the petitioner, 
required at 50 CFR 424.14(a). This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action 
(delisting) may be warranted for the Deseret milkvetch (Astragalus 
desereticus), based on a lack of threats under any of the five listing 
factors. However, during our status review, we will thoroughly evaluate 
all potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests information relevant to 
whether the species falls within the definition of either an endangered 
species under section 3(6) of the Act or a threatened species under 
section 3(20), including information on the five listing factors under 
section 4(a)(1) and any other factors identified in this finding (see 
Request for Information for Status Reviews, above).

Evaluation of Two Petitions To List the Giant Ground Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0014 under the Supporting Documents section.

Species and Range

    Giant ground pangolin (Manis gigantean): Cameroon; Central African 
Republic; Congo; Congo, The Democratic Republic of the; C[ocirc]te 
d'Ivoire; Equatorial Guinea (Bioko, Equatorial Guinea (mainland)); 
Gabon; Ghana; Guinea; Guinea-Bissau; Liberia; Senegal; Sierra Leone; 
Tanzania, United Republic of; Uganda

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
endangered species under the Act. The petition clearly identified 
itself as such and included the requisite identification information 
for the petitioner, required at 50 CFR 424.14(a). In an August 17, 
2015, letter to the petitioner, we responded that we reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of these species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). In an August 17, 2015, letter to the petitioner, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the giant ground pangolin (Manis gigantean).

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the giant ground 
pangolin (Manis gigantean) may be warranted based on Factors A, B, D, 
and E. However, during our status review, we will thoroughly evaluate 
all potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other the factors identified in 
this finding (see Request for Information for Status Reviews, above).

Evaluation of Two Petitions To List the Indian Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0015 under the Supporting Documents section.

Species and Range

    Indian pangolin (Manis crassicaudata): Bangladesh; India; Nepal; 
Pakistan; Sri Lanka

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
endangered species under the Act. The petition clearly identified 
itself as such and included the requisite identification information 
for the petitioner, required at 50 CFR 424.14(a). In an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground

[[Page 14066]]

pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of the species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). In an August 17, 2015, letter to the petitioner, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the Indian pangolin (Manis crassicaudata).

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the Indian pangolin 
(Manis crassicaudata) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List the Leoncita False-Foxglove as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0016 under the Supporting Documents section.

Species and Range

    Leoncita false-foxglove (Agalinis calycina): New Mexico, Texas; 
Mexico

Petition History

    On September 19, 2012, we received a petition dated September 6, 
2012, from The Native Plant Society of New Mexico requesting that 
Leoncita false-foxglove be listed as endangered and critical habitat be 
designated for this species under the Act. The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioner, required at 50 CFR 424.14(a). In a July 
1, 2013, letter to the petitioner, we responded that we had reviewed 
the information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act. This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the Leoncita false-
foxglove (Agalinis calycina) may be warranted, based on Factors A, D, 
and E. However, during our status review, we will thoroughly evaluate 
all potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of Two Petitions To List the Long-tailed Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0017 under the Supporting Documents section.

Species and Range

    Long-tailed pangolin (Manis tetradactyla): Cameroon; Central 
African Republic; Congo; Congo, The Democratic Republic of the; 
C[ocirc]te d'Ivoire; Equatorial Guinea (Equatorial Guinea (mainland)); 
Gabon; Ghana; Liberia; Nigeria; Sierra Leone

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
endangered species under the Act. The petition clearly identified 
itself as such and included the requisite identification information 
for the petitioner, required at 50 CFR 424.14(a). In an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of the species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). In an August 17, 2015, letter to the petitioners, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the long-tailed pangolin (Manis 
tetradactyla).

[[Page 14067]]

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the long-tailed pangolin 
(Manis tetradactyla) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List MacDougal's Yellowtops as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0033 under the Supporting Documents section.

Species and Range

    MacDougal's Yellowtops (Flaveria macdougalii): Arizona

Petition History

    On May 1, 2015, we received a petition dated May 1, 2015, from CBD, 
Tara Easter, and Robin Silver requesting that MacDougal's yellowtops 
(Flaveria macdougalii) be emergency listed as threatened or endangered 
and critical habitat be designated for the species under the Act. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). Because the Act does not provide for petitions to emergency 
list, we are considering it as a petition to list MacDougal's 
yellowtops. However, we did consider the immediacy of possible threats 
to the species and whether emergency listing may be necessary at this 
time. In a June 4, 2015, letter to the petitioner, we responded that we 
had reviewed the information presented in the petition and did not find 
that the petition warranted an emergency listing under section 4(b)(7) 
of the Act. This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for MacDougal's yellowtops (Flaveria 
macdougalii). Because the petition does not present substantial 
information indicating that listing MacDougal's yellowtops may be 
warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R2-ES-2016-0033 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List the Monito Skink as an Endangered or 
Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R4-ES-2016-0034 under the Supporting Documents section.

Species and Range

    Monito skink (Spondylurus monitae): Puerto Rico

Petition History

    On February 11, 2014, we received a petition dated February 11, 
2014, from CBD requesting that the Culebra skink (Spondylurus 
culebrae), Mona Skink (Spondylurus monae), Monito Skink (Spondylurus 
Monitoe), Lesser Virgin Islands Skink (Spondylurus semitaeniatus), 
Virgin Islands Bronze Skink (Spondylurus sloanii), Puerto Rican Skink 
(Spondylurus nitidus), Greater Saint Croix Skink (Spondylurus 
magnacruzae), Greater Virgin Islands Skink (Spondylurus spilonotus), 
and Lesser Saint Croix Skink (Capitellum parvicruzae) be listed as 
endangered and critical habitat be designated for these species under 
the Act. The petition clearly identified itself as such and included 
the requisite identification information for the petitioner, required 
at 50 CFR 424.14(a). We acknowledged receipt of this petition via email 
on February 12, 2014. This finding addresses one of the nine species 
identified in the petition: the Monito skink. The Culebra skink, 
Greater Saint Croix skink, Mona skink, Puerto Rican skink, Virgin 
Islands bronze skink, Greater Virgin Islands skink, and Lesser Saint 
Croix skink were addressed in a separate finding, which was published 
in the Federal Register on January 12, 2016 (81 FR 1368). We will 
address the Lesser Virgin Islands skink in a separate evaluation. This 
finding addresses the Monito skink.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Monito skink (Spondylurus monitae). 
Because the petition does not present substantial information 
indicating that listing the Monito skink may be warranted, we are not 
initiating a status review of this species in response to this 
petition. The basis and scientific support for this finding can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R4-ES-2016-0034 under the Supporting Documents section. However, we 
ask that the public submit to us any new information that becomes 
available concerning the status of, or threats to, this species or its 
habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To Remove Navasota Ladies-Tresses From the 
List of Endangered and Threatened Wildlife

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0035 under the Supporting Documents section.

Species and Range

    Navasota ladies-tresses (Spiranthes parksii): Texas

Petition History

    On May 26, 2015, we received a petition dated May 26, 2015, by 
electronic mail, from American Stewards of Liberty and Dr. Steve W. 
Carothers requesting that Navasota ladies-tresses be delisted under the 
Act due to error in information. The petition clearly identified itself 
as a petition and included the requisite identification information for 
the petitioner, as required by 50 CFR 424.14(a). This finding addresses 
the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the

[[Page 14068]]

petitioned action (delisting) may be warranted for Navasota ladies-
tresses (Spiranthes parksii). Because the petition does not present 
substantial information indicating that delisting Navasota ladies-
tresses may be warranted, we are not initiating a status review of this 
species in response to this petition. The basis and scientific support 
for this finding can be found as an appendix at http://www.regulations.gov under Docket No. FWS-R2-ES-2016-0035 under the 
Supporting Documents section. However, we ask that the public submit to 
us any new information that becomes available concerning the status of, 
or threats to, this species or its habitat at any time (see Table 3 in 
SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List the Patagonia Eyed Silkmoth as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0036 under the Supporting Documents section.

Species and Range

    Patagonia eyed silkmoth (Automeris patagoniensis): Arizona; Mexico

Petition History

    On June 29, 2015, we received a petition dated June 17, 2015, from 
Defenders of Wildlife and Patagonia Area Resource Alliance requesting 
that the Patagonia eyed silkmoth be listed as threatened or endangered 
and critical habitat be designated for this species under the Act. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Patagonia eyed silkmoth (Automeris 
patagoniensis). Because the petition does not present substantial 
information indicating that listing the Patagonia eyed silkmoth may be 
warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R2-ES-2016-0036 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of Two Petitions To List the Philippine Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0018 under the Supporting Documents section.

Species and Range

    Philippine pangolin (Manis culionensis): Philippines

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
endangered species under the Act. The petition clearly identified 
itself as such and included the requisite identification information 
for the petitioner, required at 50 CFR 424.14(a). In an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of the species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioners, required at 50 CFR 
424.14(a). In an August 17, 2015, letter to the petitioners, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the Philippine pangolin (Manis culionensis).

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the Philippine pangolin 
(Manis culionensis) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List the Reticulate Collared Lizard as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2015-0109 under the Supporting Documents section.

Species and Range

    Reticulate Collared Lizard (Crotaphytus reticulatus): Texas; Mexico

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
the reticulate collared lizard, be listed under the Act as threatened 
or endangered species and critical habitat

[[Page 14069]]

be designated under the Act. The petition clearly identified itself as 
such and included the requisite identification information for the 
petitioner, required at 50 CFR 424.14(a). This finding addresses the 
petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the reticulate collared lizard (Crotaphytus 
reticulatus). Because the petition does not present substantial 
information indicating that listing the reticulate collared lizard may 
be warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R2-ES-2015-0109 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To List the Rio Grande Chub as an Endangered 
or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0019 under the Supporting Documents section.

Species and Range

    Rio Grande chub (Gila pandora): New Mexico, Texas.

Petition History

    On September 30, 2013, we received a petition dated September 27, 
2013, from Wild Earth Guardians requesting that the Rio Grande chub be 
listed as threatened or endangered and critical habitat be designated 
for this species under the Act. The petition clearly identified itself 
as such and included the requisite identification information for the 
petitioner, required at 50 CFR 424.14(a). This finding addresses the 
petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the Rio Grande chub 
(Gila pandora) may be warranted, based on Factors A, C, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List the Rio Grande Sucker as an Endangered 
or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0020 under the Supporting Documents section.

Species and Range

    Rio Grande sucker (Catostomus plebeius): Colorado, New Mexico; 
Mexico.

Petition History

    On October 3, 2014, we received a petition dated September 29, 
2014, from WildEarth Guardians requesting that Rio Grande sucker (also 
known as the Rio Grande mountain-sucker, or matelote del bravo) be 
listed as threatened or endangered and critical habitat be designated 
for this species under the Act. The petition clearly identified itself 
as such and included the requisite identification information for the 
petitioner, required at 50 CFR 424.14(a). This finding addresses the 
petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the Rio Grande sucker 
(Catostomus plebeius) may be warranted, based on Factors A, C, D, and 
E. However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either 
``endangered species'' under section 3(6) of the Act or ``threatened 
species'' under section 3(20), including information on the five 
listing factors under section 4(a)(1) and any other factors identified 
in this finding (see Request for Information for Status Reviews, 
above).

Evaluation of a Petition To List the South Mountain Gray-Cheeked 
Salamander as an Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R4-ES-2015-0117 under the Supporting Documents section.

Species and Range

    South Mountain gray-cheeked salamander (Plethodon meridianus): 
North Carolina.

Petition History

    On July 11, 2012, we received a petition dated July 11, 2012, from 
CBD requesting that 53 species of reptiles and amphibians, including 
the South Mountain gray-cheeked salamander, be listed under the Act as 
endangered or threatened and that critical habitat be designated under 
the Act. The petition clearly identified itself as such and included 
the requisite identification information for the petitioner, required 
at 50 CFR 424.14(a). This finding addresses the South Mountain gray-
cheeked salamander.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the South Mountain gray-cheeked salamander 
(Plethodon meridianus). Because the petition does not present 
substantial information indicating that listing the South Mountain 
gray-cheeked salamander may be warranted, we are not initiating a 
status review of this species in response to this petition. The basis 
and scientific support for this finding can be found as an appendix at 
http://www.regulations.gov under Docket No. FWS-R4-ES-2015-0117 under 
the Supporting Documents section. However, we ask that the public 
submit to us any new information that becomes available concerning the 
status of, or threats to, this species or its habitat at any time (see 
Table 3 in SUPPLEMENTARY INFORMATION).

[[Page 14070]]

Evaluation of a Petition To List the Southern Dusky Salamander as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R4-ES-2016-0038 under the Supporting Documents section.

Species and Range

    Southern dusky salamander (Desmognathus auriculatus): Alabama, 
Florida, Georgia, Louisiana, Mississippi, North Carolina, South 
Carolina, Texas, Virginia.

Petition History

    On April 2, 2015, we received a petition from the Coastal Plains 
Institute and Land Conservancy requesting that southern dusky 
salamander be listed as threatened under the Act. The petition clearly 
identified itself as such and included the requisite identification 
information required at 50 CFR 424.14(a); however, it did not contain 
copies of supporting documents. We acknowledged receipt of the petition 
via email on April 22, 2015. Additional materials were received on June 
10, 2015. This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted for the Southern dusky salamander (Desmognathus 
auriculatus). Because the petition does not present substantial 
information indicating that listing the Southern dusky salamander may 
be warranted, we are not initiating a status review of this species in 
response to this petition. The basis and scientific support for this 
finding can be found as an appendix at http://www.regulations.gov under 
Docket No. FWS-R4-ES-2016-0038 under the Supporting Documents section. 
However, we ask that the public submit to us any new information that 
becomes available concerning the status of, or threats to, this species 
or its habitat at any time (see Table 3 in SUPPLEMENTARY INFORMATION).

Evaluation of a Petition To Remove the Southwestern Willow Flycatcher 
From the List of Endangered and Threatened Wildlife

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R2-ES-2016-0039 under the Supporting Documents section.

Species and Range

    Southwestern willow flycatcher (Empidonax traillii extimus): 
California, Arizona, New Mexico, Colorado, Utah, and Nevada, Texas; 
winters in Central and South America.

Petition History

    On August, 20, 2015, we received a petition dated August 19, 2015, 
from The Pacific Legal Foundation (representing The Center for 
Environmental Science, Accuracy, and Reliability; Building Industry 
Legal Defense Fund; California Building Industry Association; 
California Cattlemen's Association; New Mexico Business Coalition, New 
Mexico Cattle Growers Association; New Mexico Farm and Livestock 
Bureau; and New Mexico Wool Growers Inc.), requesting that the 
southwestern willow flycatcher (Empidonax traillii extimus) be delisted 
due to error in information under the Act. The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioner, required at 50 CFR 424.14(a). This 
finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that the petitioned action 
(delisting) may be warranted for the Southwestern willow flycatcher 
(Empidonax traillii extimus), based on information related to taxonomic 
status. However, during our status review, we will thoroughly evaluate 
all potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of Two Petitions To List the Sunda Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0021 under the Supporting Documents section.

Species and Range

    Sunda pangolin (Manis javanica): Brunei Darussalam; Cambodia; 
Indonesia; Lao People's Democratic Republic; Malaysia; Myanmar; 
Singapore; Thailand; Viet Nam.

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
endangered species under the Act. The petition clearly identified 
itself as such and included the requisite identification information 
for the petitioner, required at 50 CFR 424.14(a). In an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of the species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). In an August 17, 2015, letter to the petitioner, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a

[[Page 14071]]

single 90-day finding for each species. The requested action for 
listing based on similarity of appearance (section 4(e)) will be 
considered under Factor E of each finding.
    This finding addresses the Sunda pangolin (Manis javanica).

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the Sunda pangolin 
(Manis javanica) may be warranted based on Factors A, B, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Evaluation of Two Petitions To List the Tree Pangolin Under the 
Endangered Species Act

    Additional information regarding our review of these petitions can 
be found as an appendix at http://www.regulations.gov under Docket No. 
FWS-HQ-ES-2016-0022 under the Supporting Documents section.

Species and Range

    Tree pangolin (Manis tricuspis): Angola (Angola); Benin; Cameroon; 
Central African Republic; Congo; Congo, The Democratic Republic of the; 
C[ocirc]te d'Ivoire; Equatorial Guinea (Bioko, Equatorial Guinea 
(mainland)); Gabon; Ghana; Guinea; Guinea-Bissau; Kenya; Liberia; 
Nigeria; Rwanda; Sierra Leone; South Sudan; Tanzania, United Republic 
of; Togo; Uganda; Zambia.

Petitions History

    On July 15, 2015, we electronically received a petition from BFUSA, 
CBD, HSI, HSUS, and IFAW requesting that we list seven species of 
pangolin (Chinese pangolin (Manis pentadactyla), Sunda pangolin (M. 
javanica), Philippine pangolin (M. culionensis), Indian pangolin (M. 
crassicaudata), tree pangolin (M. tricuspis), giant ground pangolin (M. 
gigantean), and the long-tailed pangolin (M. tetradactyla)) as 
endangered species under the Act. The petition clearly identified 
itself as such and included the requisite identification information 
for the petitioner, required at 50 CFR 424.14(a). In an August 17, 
2015, letter to the petitioner, we responded that we had reviewed the 
information presented in the petition and did not find that the 
petition warranted an emergency listing under section 4(b)(7) of the 
Act.
    On July 15, 2015, we electronically received a second petition from 
CBD, IFAW, HSI, HSUS, and BFUSA requesting that the Service list the 
same seven species of pangolin (Chinese pangolin (Manis pentadactyla), 
Sunda pangolin (M. javanica), Philippine pangolin (M. culionensis), 
Indian pangolin (M. crassicaudata), tree pangolin (M. tricuspis), giant 
ground pangolin (M. gigantean), and the long-tailed pangolin (M. 
tetradactyla)) as an endangered species under the similarity of 
appearance provisions of the Act (section 4(e)), based upon the 
petitioners' claim of the species' similarity of appearance to the 
currently listed Temminck's ground pangolin (Manis temminckii). The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). In an August 17, 2015, letter to the petitioner, we 
responded that we had reviewed the information presented in the 
petition and did not find that the petition warranted an emergency 
listing under section 4(b)(7) of the Act.
    As both petitions address the seven unlisted species of pangolin, 
we are combining the petitioned actions (listing each species as either 
threatened or endangered either based on the five factors under section 
4(a)(1) of the Act or due to a similarity of appearance under section 
4(e) of the Act) into a single 90-day finding for each species. The 
requested action for listing based on similarity of appearance (section 
4(e)) will be considered under Factor E of each finding.
    This finding addresses the tree pangolin (Manis tricuspis).

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the tree pangolin (Manis 
tricuspis) may be warranted based on Factors A, B, D, and E. However, 
during our status review, we will thoroughly evaluate all potential 
threats to the species, including the extent to which any protections 
or other conservation efforts have reduced those threats. Thus, for 
this species, the Service requests any information relevant to whether 
the species falls within the definition of either an endangered species 
under section 3(6) of the Act or a threatened species under section 
3(20), including information on the five listing factors under section 
4(a)(1) and any other factors identified in this finding (see Request 
for Information for Status Reviews, above).

Evaluation of a Petition To List the Western Bumble Bee as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R6-ES-2016-0023 under the Supporting Documents section.

Species and Range

    Western bumble bee (Bombus occidentalis): Alaska, Arizona, 
California, Colorado, Idaho, Montana, Nebraska, New Mexico, North 
Dakota, Oregon, South Dakota, Washington, Wyoming, Utah; Canada: 
Alberta, British Columbia, Saskatchewan, Yukon Territory.

Petition History

    On September 21, 2015, we received a petition dated September 15, 
2015, from Defenders of Wildlife requesting that the western bumble bee 
be listed as threatened or endangered and critical habitat be 
designated for this species under the Act. The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioner, required at 50 CFR 424.14(a). This 
finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the western bumble bee 
(Bombus occidentalis) may be warranted, based on Factors C, D, and E. 
However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for the western bumble bee, the Service requests any information 
relevant to whether the species falls within the definition of either 
an endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this

[[Page 14072]]

finding (see Request for Information for Status Reviews, above).

Evaluation of a Petition To List the Yellow-Banded Bumble Bee as an 
Endangered or Threatened Species Under the Act

    Additional information regarding our review of this petition can be 
found as an appendix at http://www.regulations.gov under Docket No. 
FWS-R5-ES-2016-0024 under the Supporting Documents section.

Species and Range

    Yellow-banded bumble bee (Bombus terricola): Connecticut, Kentucky, 
Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, 
New Hampshire, New Jersey, New York, North Carolina, North Dakota, 
Ohio, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, 
Virginia, West Virginia, Wisconsin; Canada: Alberta, British Columbia, 
Manitoba, Newfoundland, Nova Scotia, Ontario, Quebec, Saskatchewan.

Petition History

    On September 15, 2015, we received a petition dated September 15, 
2015, from Defenders of Wildlife requesting that the yellow-banded 
bumble bee (Bombus terricola) be listed as threatened or endangered and 
critical habitat be designated for this species under the Act. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, required at 50 CFR 
424.14(a). This finding addresses the petition.

Finding

    Based on our review of the petition and sources cited in the 
petition, we find that the petition presents substantial scientific or 
commercial information indicating that listing the yellow-banded bumble 
bee (Bombus terricola) may be warranted, based on Factors A, C, D, and 
E. However, during our status review, we will thoroughly evaluate all 
potential threats to the species, including the extent to which any 
protections or other conservation efforts have reduced those threats. 
Thus, for this species, the Service requests any information relevant 
to whether the species falls within the definition of either an 
endangered species under section 3(6) of the Act or a threatened 
species under section 3(20), including information on the five listing 
factors under section 4(a)(1) and any other factors identified in this 
finding (see Request for Information for Status Reviews, above).

Conclusion

    On the basis of our evaluation of the information presented in the 
petitions under section 4(b)(3)(A) of the Act, we have determined that 
the petitions summarized above for the acuna cacus, Arizona night 
lizard, Arizona wetsalts tiger beetle, Bezy's night lizard, Cheoah Bald 
salamander, Cow Knob salamander, MacDougal's yellowtops, Monito skink, 
Navasota ladies-tresses, Patagonia eyed silkmoth, reticulate collared 
lizard, South Mountain gray-cheeked salamander, and southern dusky 
salamander do not present substantial scientific or commercial 
information indicating that the requested actions may be warranted. 
Therefore, we are not initiating status reviews for these species.
    The petitions summarized above for the African elephant, American 
burying beetle, Chinese pangolin, deseret milkvetch, giant ground 
pangolin, Indian pangolin, Leoncita false-foxglove, long-tailed 
pangolin, Philippine pangolin, Rio Grande chub, Rio Grande sucker, 
Sunda pangolin, tree pangolin, southwestern willow flycatcher, western 
bumble bee, and yellow-banded bumble bee present substantial scientific 
or commercial information indicating that the requested actions may be 
warranted.
    Because we have found that these petitions present substantial 
information indicating that the petitioned actions may be warranted, we 
are initiating status reviews to determine whether these actions under 
the Act are warranted. At the conclusion of each status review, we will 
issue a finding, in accordance with section 4(b)(3)(B) of the Act, as 
to whether or not the Service finds that the petitioned action is 
warranted.
    It is important to note that the standard for a 90-day finding 
differs from the Act's standard that applies to a status review to 
determine whether a petitioned action is warranted. In making a 90-day 
finding, we consider only the information in the petition and in our 
files, and we evaluate merely whether that information constitutes 
``substantial information'' indicating that the petitioned action ``may 
be warranted.'' In a 12-month finding, we must complete a thorough 
status review of the species and evaluate the ``best scientific and 
commercial data available'' to determine whether a petitioned action 
``is warranted.'' Because the Act's standards for 90-day and 12-month 
findings are different, a substantial 90-day finding does not mean that 
the 12-month finding will result in a ``warranted'' finding.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.gov and upon request from the appropriate lead 
field offices (contact the person listed under Table 3 in SUPPLEMENTARY 
INFORMATION).

Authors

    The primary authors of this notice are staff members of the 
Ecological Services Program, U.S. Fish and Wildlife Service.

Authority

    The authority for these actions is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: February 24, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-05699 Filed 3-15-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                    14058                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    O. National Technology Transfer and                     PART 383—COMMERCIAL DRIVER’S                          them its knowledge and skills tests, in
                                                    Advancement Act                                         LICENSE STANDARDS;                                    accordance with subparts F, G, and H of
                                                                                                            REQUIREMENTS AND PENALTIES                            this part. Such completed application
                                                       The National Technology Transfer                                                                           and test results must be transmitted
                                                    and Advancement Act (15 U.S.C. 272                      ■  1. The authority citation for part 383             electronically directly from the testing
                                                    note) requires Federal agencies adopting                is revised to read as follows:                        State to the State of domicile of such
                                                    Government technical standards to                         Authority: Authority: 49 U.S.C. 521, 31136,         personnel in an efficient and secure
                                                    consider whether voluntary consensus                    31301 et seq., and 31502; secs. 214 and 215           manner.
                                                    standards are available. This Act also                  of Pub. L. 106–159, 113 Stat. 1748, 1766,               (2) The State of domicile of a CLP or
                                                    requires Agencies to ‘‘use technical                    1767; sec. 1012(b) of Pub. L. 107–56, 115             CDL applicant on active military duty
                                                    standards that are developed or adopted                 Stat. 272, 297, sec. 4140 of Pub. L. 109–59,          must accept the completed application
                                                    by voluntary consensus standards                        119 Stat. 1144, 1746; sec. 32934 of Pub. L.           form and results of knowledge and skills
                                                    bodies’’ to carry out policy objectives                 112–141, 126 Stat. 405, 830; and 49 CFR 1.87.         tests administered to the applicant by
                                                    determined by the agencies, unless the                  ■ 2. Amend § 383.5 by adding the                      the State where he or she is currently
                                                    standards are ‘‘inconsistent with                       definition of ‘‘Military services’’ in                stationed, as authorized by paragraph
                                                    applicable law or otherwise                             alphabetical order to read as follows:                (b)(1) of this section, in accordance with
                                                    impractical.’’ If the Agency chooses to                                                                       subparts F, G, and H of this part, in
                                                    adopt its own standards in place of                     § 383.5   Definitions.                                fulfillment of the applicant’s application
                                                    existing voluntary consensus standards,                 *     *    *     *     *                              and testing requirements under
                                                    it must explain its decision in a separate                Military services means the United                  § 383.71, and the State’s test
                                                    statement to OMB. This proposed rule                    States Army, Navy, Marine Corps, Air                  administration requirements under
                                                    would not involve the adoption of any                   Force, and Coast Guard, and their                     § 383.73, and issue the applicant a CLP
                                                    technical standards.                                    associated reserve, National Guard, and               or CDL.
                                                                                                            Auxiliary units.
                                                    P. Privacy Impact Assessment                            *     *    *     *     *                              PART 384—STATE COMPLIANCE
                                                                                                            ■ 3. Amend § 383.77 by revising                       WITH COMMERCIAL DRIVER’S
                                                       Section 522 of title I of division H of
                                                                                                            paragraph (b)(1) to read as follows:                  LICENSE PROGRAM
                                                    the Consolidated Appropriations Act,
                                                    2005, enacted December 8, 2004 (Pub. L.                 § 383.77 Substitute for driving skills tests          ■ 5. The authority citation for part 384
                                                    108–447, 118 Stat. 2809, 3268, 5 U.S.C.                 for drivers with military CMV experience.             continues to read as follows:
                                                    552a note), requires the Agency to                      *     *     *     *    *                                Authority: 49 U.S.C. 31136, 31301 et seq.,
                                                    conduct a privacy impact assessment                       (b) * * *                                           and 31502; secs. 103 and 215 of Pub. L. 106–
                                                    (PIA) of a regulation that will affect the                (1) Is regularly employed or was                    59, 113 Stat. 1753, 1767; and 49 CFR 1.87.
                                                    privacy of individuals. In accordance                   regularly employed within the last year               ■ 6. Amend § 384.301 by adding
                                                    with this Act, a privacy impact analysis                in a military position requiring                      paragraph (j) to read as follows:
                                                    is warranted to address any privacy                     operation of a CMV;
                                                    implications contemplated in the                                                                              § 384.301 Substantial compliance general
                                                                                                            *     *     *     *    *                              requirements.
                                                    rulemaking. The Agency submitted a                      ■ 4. Revise § 383.79 to read as follows:
                                                    Privacy Threshold Assessment                                                                                  *      *     *    *     *
                                                    analyzing the privacy implications to                   § 383.79 Testing of out-of-State applicants              (j) A State must come into substantial
                                                    the Department of Transportation,                       and military personnel.                               compliance with the requirements of
                                                    Office of the Secretary’s Privacy Office                  (a) Applicant. (1) A State may                      subpart B of this part and part 383 of
                                                    to determine whether a PIA is required.                 administer its skills test, in accordance             this chapter in effect as of [EFFECTIVE
                                                       The DOT Chief Privacy Officer has                    with subparts F, G, and H of this part,               DATE OF FINAL RULE] as soon as
                                                    evaluated the risks and effects that this               to a person who has taken training in                 practical, but, unless otherwise
                                                    rulemaking might have on collecting,                    that State and is to be licensed in                   specifically provided in this part, not
                                                    storing, and sharing PII and has                        another U.S. jurisdiction (i.e., his/her              later than [3 YEARS AFTER EFFECTIVE
                                                    examined protections and alternative                    State of domicile). A State that                      DATE OF THE FINAL RULE].
                                                    information handling processes in order                 administers such a test must transmit                   Issued under authority delegated in 49 CFR
                                                    to mitigate potential privacy risks. There              the test result electronically directly               1.87 on: March 9, 2016.
                                                    are no privacy risks and effects                        from the testing State to the licensing               T.F. Scott Darling, III,
                                                    associated with this proposed rule.                     State in an efficient and secure manner.              Acting Administrator.
                                                                                                               (2) The State of domicile of a CDL                 [FR Doc. 2016–05913 Filed 3–15–16; 8:45 am]
                                                    List of Subjects                                        applicant must accept the results of a                BILLING CODE 4910–EX–P
                                                    49 CFR 383                                              skills test administered to the applicant
                                                                                                            by any other State, in accordance with
                                                      Administrative practice and                           subparts F, G, and H of this part, in
                                                                                                                                                                  DEPARTMENT OF THE INTERIOR
                                                    procedure, Alcohol abuse, Drug abuse,                   fulfillment of the applicant’s testing
                                                    Highway safety, Motor carriers.                         requirements under § 383.71, and the                  Fish and Wildlife Service
                                                                                                            State’s test administration requirements
                                                    49 CFR Part 384                                         under § 383.73.
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                                                                                                                                                                  50 CFR Part 17
                                                                                                               (b) Military personnel. (1) A State
                                                      Administrative practice and                                                                                 [4500030115]
                                                                                                            where active duty military personnel
                                                    procedure, Alcohol abuse, Drug abuse,
                                                                                                            who are operating in a Military
                                                    Highway safety, Motor carriers.                                                                               Endangered and Threatened Wildlife
                                                                                                            Occupational Specialty as full-time
                                                                                                                                                                  and Plants; 90-Day Findings on 29
                                                      In consideration of the foregoing,                    commercial motor vehicle drivers are
                                                                                                                                                                  Petitions
                                                    FMCSA proposes to amend 49 CFR                          stationed, but not domiciled, may
                                                    chapter 3, parts 383 and 384 to read as                 accept an application for a CLP or CDL                AGENCY:     Fish and Wildlife Service,
                                                    follows:                                                from such personnel and administer to                 Interior.


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                                                                              Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules                                                 14059

                                                    ACTION:  Notice of petition findings and                        that we receive information no later                  Now!’’ If your information will fit in the
                                                    initiation of status reviews.                                   than May 16, 2016. For information                    provided comment box, please use this
                                                                                                                    submitted electronically using the                    feature of http://www.regulations.gov, as
                                                    SUMMARY:   We, the U.S. Fish and                                Federal eRulemaking Portal (see                       it is most compatible with our
                                                    Wildlife Service (Service), announce 90-                        ADDRESSES, below), this would mean                    information review procedures. If you
                                                    day findings on various petitions to list,                      submitting the information                            attach your information as a separate
                                                    reclassify, or delist fish, wildlife, or                        electronically by 11:59 p.m. Eastern                  document, our preferred file format is
                                                    plants under the Endangered Species                             Time on that date.                                    Microsoft Word. If you attach multiple
                                                    Act of 1973, as amended (Act). Based on                                                                               comments (such as form letters), our
                                                    our review, we find that 13 petitions do                        ADDRESSES: Not-substantial petition
                                                                                                                    findings: The not-substantial petition                preferred format is a spreadsheet in
                                                    not present substantial scientific or                                                                                 Microsoft Excel.
                                                    commercial information indicating that                          findings announced in this document
                                                                                                                    are available on http://                                 (2) By hard copy: Submit by U.S. mail
                                                    the petitioned actions may be
                                                                                                                    www.regulations.gov under the                         or hand-delivery to: Public Comments
                                                    warranted, and we are not initiating
                                                                                                                    appropriate docket number (see Table 1                Processing, Attn: [Insert appropriate
                                                    status reviews in response to these
                                                                                                                    in SUPPLEMENTARY INFORMATION), or on                  docket number; see Table 2 in
                                                    petitions. We refer to these as ‘‘not-
                                                                                                                    the Service’s Web site at http://                     SUPPLEMENTARY INFORMATION]; U.S. Fish
                                                    substantial’’ petition findings. We also
                                                                                                                    ecos.fws.gov. Supporting information in               and Wildlife Service, MS: BPHC, 5275
                                                    find that 16 petitions present substantial
                                                                                                                    preparing these findings is available for             Leesburg Pike; Falls Church, VA 22041–
                                                    scientific or commercial information
                                                    indicating that the petitioned actions                          public inspection, by appointment,                    3803.
                                                    may be warranted. Therefore, with the                           during normal business hours by                          We request that you send information
                                                    publication of this document, we                                contacting the appropriate person, as                 only by the methods described above.
                                                    announce that we plan to initiate a                             specified under Table 3 in                            We will post all information received on
                                                    review of the status of these species to                        SUPPLEMENTARY INFORMATION. If you                     http://www.regulations.gov. This
                                                    determine if the petitioned actions are                         have new information concerning the                   generally means that we will post any
                                                    warranted. To ensure that these status                          status of, or threats to, any of these                personal information you provide us
                                                    reviews are comprehensive, we are                               species or their habitats, please submit              (see Request for Information for Status
                                                    requesting scientific and commercial                            that information to the person listed                 Reviews for more information).
                                                    data and other information regarding                            under Table 3 in SUPPLEMENTARY                        FOR FURTHER INFORMATION CONTACT: See
                                                    these species. Based on the status                              INFORMATION.                                          Table 3 in SUPPLEMENTARY INFORMATION
                                                    reviews, we will issue 12-month                                    Status reviews: You may submit                     for specific people to contact for each
                                                    findings on the petitions, which will                           information on species for which a                    species.
                                                    address whether the petitioned action is                        status review is being initiated by one               SUPPLEMENTARY INFORMATION:
                                                    warranted, as provided in section                               of the following methods:
                                                    4(b)(3)(B) of the Act.                                             (1) Electronically: Go to the Federal              Not Substantial Findings
                                                    DATES: When we conduct status                                   eRulemaking Portal: http://                             The not-substantial petition findings
                                                    reviews, we will consider all                                   www.regulations.gov. In the Search box,               announced in this document are listed
                                                    information that we have received. To                           enter the appropriate docket number                   in Table 1 below, and are available on
                                                    ensure that we will have adequate time                          (see Table 2 in SUPPLEMENTARY                         http://www.regulations.gov under the
                                                    to consider submitted information                               INFORMATION). You may submit                          appropriate docket number, or on the
                                                    during the status reviews, we request                           information by clicking on ‘‘Comment                  Service’s Web site at http://ecos.fws.gov.
                                                                                                               TABLE 1—LIST OF NOT-SUBSTANTIAL FINDINGS
                                                               Common name                                     Docket No.                                         URL to docket in Regulations.gov

                                                    Acuna cactus—delist ................           FWS–R2–ES–2016–0025           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0025.
                                                    Arizona night lizard ...................       FWS–R2–ES–2015–0075           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2015-0075.
                                                    Arizona wetsalts tiger beetle ....             FWS–R2–ES–2016–0027           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0027.
                                                    Bezy’s night lizard .....................      FWS–R2–ES–2015–0076           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2015-0076.
                                                    Cheoah Bald salamander .........               FWS–R4–ES–2015–0081           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0081.
                                                    Cow Knob salamander .............              FWS–R5–ES–2015–0084           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R5-ES-2015-0084.
                                                    MacDougal’s yellowtops ...........             FWS–R2–ES–2016–0033           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0033.
                                                    Monito skink ..............................    FWS–R4–ES–2016–0034           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2016-0034.
                                                    Navasota ladies-tresses—delist                 FWS–R2–ES–2016–0035           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0035.
                                                    Patagonia eyed silkmoth ..........             FWS–R2–ES–2016–0036           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0036.
                                                    Reticulate collared lizard ..........          FWS–R2–ES–2015–0109           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0109.
                                                    South Mountain gray-cheeked                    FWS–R4–ES–2015–0117           .......   http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0117.
                                                      salamander.
                                                    Southern dusky salamander .....                FWS–R4–ES–2016–0038 .......             http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2016-0038.
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                                                    14060                     Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    Substantial Findings
                                                    List of Substantial Findings
                                                      The list of substantial findings is
                                                    given below in Table 2.

                                                                          TABLE 2—LIST OF SUBSTANTIAL FINDINGS FOR WHICH A STATUS REVIEW IS BEING INITIATED.
                                                              Common name                                     Docket No.                                         URL to docket in Regulations.gov

                                                    African elephant—reclassify .....             FWS–HQ–ES–2016–0010 ......            http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0010.
                                                    American burying beetle—delist                FWS–R2–ES–2016–0011 .......           http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0011.
                                                    Chinese pangolin ......................       FWS–HQ–ES–2016–0012 ......            http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0012.
                                                    Deseret milkvetch—delist .........            FWS–R6–ES–2016–0013 .......           http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2016-0013.
                                                    Giant ground pangolin ..............          FWS–HQ–ES–2016–0014 ......            http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0014.
                                                    Indian pangolin .........................     FWS–HQ–ES–2016–0015 ......            http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0015.
                                                    Leoncita false-foxglove .............         FWS–R2–ES–2016–0016 .......           http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0016.
                                                    Long-tailed pangolin .................        FWS–HQ–ES–2016–0017 ......            http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0017.
                                                    Philippine pangolin ....................      FWS–HQ–ES–2016–0018 ......            http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0018.
                                                    Rio Grande chub ......................        FWS–R2–ES–2016–0019 .......           http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0019.
                                                    Rio Grande sucker ....................        FWS–R2–ES–2016–0020 .......           http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0020.
                                                    Southwestern willow                           FWS–R2–ES–2016–0039 .......           http://www.regulations.gov/#!docketDetail;D=FWS-R2-ES-2016-0039.
                                                      flycatcher—delist.
                                                    Sunda pangolin .........................      FWS–HQ–ES–2016–0021 ......            http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0021.
                                                    Tree pangolin ............................    FWS–HQ–ES–2016–0022 ......            http://www.regulations.gov/#!docketDetail;D=FWS-HQ-ES-2016-0022.
                                                    Western bumble bee ................           FWS–R6–ES–2016–0023 .......           http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2016-0023.
                                                    Yellow-banded bumble bee ......               FWS–R5–ES–2016–0024 .......           http://www.regulations.gov/#!docketDetail;D=FWS-R5-ES-2016-0024.



                                                    Request for Information for Status                                (c) Disease or predation (Factor C);               definition of ‘‘critical habitat’’ at section
                                                    Reviews                                                           (d) The inadequacy of existing                     3(5) of the Act.
                                                       When we make a finding that a                               regulatory mechanisms (Factor D); or                     Please include sufficient information
                                                    petition presents substantial                                     (e) Other natural or manmade factors               with your submission (such as scientific
                                                    information indicating that listing,                           affecting its continued existence (Factor             journal articles or other publications) to
                                                    reclassification, or delisting a species                       E).                                                   allow us to verify any scientific or
                                                    may be warranted, we are required to                              (3) The potential effects of climate               commercial information you include.
                                                    review the status of the species (status                       change on the species and its habitat,                   Submissions merely stating support
                                                    review). For the status review to be                           and the extent to which it affects the                for or opposition to the actions under
                                                    complete and based on the best                                 habitat or range of the species.                      consideration without providing
                                                    available scientific and commercial                               If, after the status review, we                    supporting information, although noted,
                                                    information, we request information on                         determine that listing is warranted, we               will not be considered in making a
                                                    these species from governmental                                will propose critical habitat (see                    determination. Section 4(b)(1)(A) of the
                                                    agencies, Native American Tribes, the                          definition in section 3(5)(A) of the Act)             Act directs that determinations as to
                                                    scientific community, industry, and any                        for domestic (U.S.) species under                     whether any species is an endangered or
                                                    other interested parties. We seek                              section 4 of the Act, to the maximum                  threatened species must be made
                                                    information on:                                                extent prudent and determinable at the                ‘‘solely on the basis of the best scientific
                                                       (1) The species’ biology, range, and                        time we propose to list the species.                  and commercial data available.’’
                                                    population trends, including:                                  Therefore, we also request data and                      You may submit your information
                                                       (a) Habitat requirements;                                   information for the species listed in                 concerning these status reviews by one
                                                       (b) Genetics and taxonomy;                                  Table 2 (to be submitted as provided for
                                                       (c) Historical and current range,                                                                                 of the methods listed in the ADDRESSES
                                                                                                                   in the ADDRESSES section) on:                         section. If you submit information via
                                                    including distribution patterns; and                              (1) What may constitute ‘‘physical or
                                                       (d) Historical and current population                                                                             http://www.regulations.gov, your entire
                                                                                                                   biological features essential to the                  submission—including any personal
                                                    levels, and current and projected trends.
                                                       (2) The five factors that are the basis                     conservation of the species,’’ within the             identifying information—will be posted
                                                    for making a listing, reclassification, or                     geographical range occupied by the                    on the Web site. If you submit a
                                                    delisting determination for a species                          species;                                              hardcopy that includes personal
                                                    under section 4(a) of the Act (16 U.S.C.                          (2) Where these features are currently             identifying information, you may
                                                    1531 et seq.), including past and                              found;                                                request at the top of your document that
                                                    ongoing conservation measures that                                (3) Whether any of these features may              we withhold this personal identifying
                                                    could decrease the extent to which one                         require special management                            information from public review.
                                                    or more of the factors affect the species,                     considerations or protection;                         However, we cannot guarantee that we
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                                                    its habitat, or both. The five factors are:                       (4) Specific areas outside the                     will be able to do so. We will post all
                                                       (a) The present or threatened                               geographical area occupied by the                     hardcopy submissions on http://
                                                    destruction, modification, or                                  species that are ‘‘essential for the                  www.regulations.gov.
                                                    curtailment of its habitat or range                            conservation of the species’’; and
                                                                                                                                                                         Contacts
                                                    (Factor A);                                                       (5) What, if any, critical habitat you
                                                       (b) Overutilization for commercial,                         think we should propose for designation                 Contact information is provided
                                                    recreational, scientific, or educational                       if the species is proposed for listing, and           below in Table 3 for both substantial
                                                    purposes (Factor B);                                           why such habitat falls within the                     and not-substantial findings.



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                                                                                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules                                                        14061

                                                                                                                                            TABLE 3—CONTACTS
                                                                                        Common name                                                                                    Contact person

                                                    Acuna cactus .................................................................................     Brady McGee, 505–248–6657; Brady_McGee@fws.gov.
                                                    African elephant .............................................................................     Jessica Evans, 703–358–2141; Jessica_Evans@fws.gov.
                                                    American burying beetle ................................................................           Brady McGee, 505–248–6657; Brady_McGee@fws.gov.
                                                    Arizona night lizard ........................................................................      Michelle Shaughnessy, 505–248–6920; Michelle_Shaughnessy@fws.gov.
                                                    Arizona wetsalts tiger beetle .........................................................            Michelle Shaughnessy, 505–248–6920; Michelle_Shaughnessy@fws.gov.
                                                    Bezy’s night lizard ..........................................................................     Michelle Shaughnessy, 505–248–6920; Michelle_Shaughnessy@fws.gov.
                                                    Cheoah Bald salamander ..............................................................              Sue Cameron, 828–258–3939; Susan_Cameron@fws.gov.
                                                    Chinese pangolin ...........................................................................       Jessica Evans, 703–358–2141; Jessica_Evans@fws.gov.
                                                    Cow Knob salamander ..................................................................             Krishna Gifford, 413–253–8619; Krishna_Gifford@fws.gov.
                                                    Deseret milkvetch ..........................................................................       Larry Crist, 801–975–3330 x126; Larry_Crist@fws.gov.
                                                    Giant ground pangolin ...................................................................          Jessica Evans, 703–358–2141; Jessica_Evans@fws.gov.
                                                    Indian pangolin ..............................................................................     Jessica Evans, 703–358–2141; Jessica_Evans@fws.gov.
                                                    Leoncita false-foxglove ..................................................................         Michelle Shaughnessy, 505–248–6920; Michelle_Shaughnessy@fws.gov.
                                                    Long-tailed pangolin ......................................................................        Jessica Evans, 703–358–2141; Jessica_Evans@fws.gov.
                                                    MacDougal’s yellowtops ................................................................            Michelle Shaughnessy, 505–248–6920; Michelle_Shaughnessy@fws.gov.
                                                    Monito skink ...................................................................................   Andreas Moshogianis, 404–679–7119; Andreas_Moshogianis@fws.gov.
                                                    Navasota ladies-tresses ................................................................           Brady McGee, 505–248–6657; Brady_McGee@fws.gov.
                                                    Patagonia eyed silkmoth ...............................................................            Michelle Shaughnessy, 505–248–6920; Michelle_Shaughnessy@fws.gov.
                                                    Philippine pangolin .........................................................................      Jessica Evans, 703–358–2141; Jessica_Evans@fws.gov.
                                                    Reticulate collared lizard ...............................................................         Michelle Shaughnessy, 505–248–6920; Michelle_Shaughnessy@fws.gov.
                                                    Rio Grande chub ...........................................................................        Michelle Shaughnessy, 505–248–6920; Michelle_Shaughnessy@fws.gov.
                                                    Rio Grande sucker .........................................................................        Michelle Shaughnessy, 505–248–6920; Michelle_Shaughnessy@fws.gov.
                                                    South Mountain gray-cheeked salamander ...................................                         Sue Cameron, 828–258–3939; Susan_Cameron@fws.gov.
                                                    Southern dusky salamander ..........................................................               Andreas Moshogianis, 404–679–7119; Andreas_Moshogianis@fws.gov.
                                                    Southwestern willow flycatcher ......................................................              Brady McGee, 505–248–6657; Brady_McGee@fws.gov.
                                                    Sunda pangolin ..............................................................................      Jessica Evans, 703–358–2141; Jessica_Evans@fws.gov.
                                                    Tree pangolin .................................................................................    Jessica Evans, 703–358–2141; Jessica_Evans@fws.gov.
                                                    Western bumble bee .....................................................................           Mark Sattelberg, 307–772–2374; Mark_Sattelberg@fws.gov.
                                                    Yellow-banded bumble bee ...........................................................               Krishna Gifford, 413–253–8619; Krishna_Gifford@fws.gov.
                                                       If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800–877–8339.


                                                    Background                                                              threatened species because of one or                       of an endangered or threatened species
                                                       Section 4(b)(3)(A) of the Act requires                               more of the five factors described in                      under the Act.
                                                    that we make a finding on whether a                                     section 4(a)(1) of the Act (see Request
                                                                                                                                                                                       Evaluation of a Petition To Remove the
                                                    petition to list, delist, or reclassify a                               for Information for Status Reviews,
                                                                                                                                                                                       Acuna Cactus From the List of
                                                    species presents substantial scientific or                              above).
                                                                                                                                                                                       Endangered and Threatened Wildlife
                                                    commercial information indicating that                                     In considering whether conditions
                                                    the petitioned action may be warranted.                                 described within one or more of the                          Additional information regarding our
                                                    To the maximum extent practicable, we                                   factors might constitute threats, we must                  review of this petition can be found as
                                                    are to make this finding within 90 days                                 look beyond the exposure of the species                    an appendix at http://
                                                    of our receipt of the petition and                                      to those conditions to evaluate whether                    www.regulations.gov under Docket No.
                                                    publish our notice of the finding                                       the species may respond to the                             FWS–R2–ES–2016–0025 under the
                                                    promptly in the Federal Register.                                       conditions in a way that causes actual                     Supporting Documents section.
                                                       Our regulations in the Code of Federal                               impacts to the species. If there is
                                                                                                                                                                                       Species and Range
                                                    Regulations (CFR) establish that the                                    exposure to a condition and the species
                                                    standard for substantial scientific or                                  responds negatively, the condition                           Acuna cactus (Echinomastus
                                                    commercial information with regard to                                   qualifies as a stressor and, during the                    erectocentrus var. acunensis): Arizona;
                                                    a 90-day petition finding is ‘‘that                                     subsequent status review, we attempt to                    Mexico
                                                    amount of information that would lead                                   determine how significant the stressor
                                                                                                                                                                                       Petition History
                                                    a reasonable person to believe that the                                 is. If the stressor is sufficiently
                                                    measure proposed in the petition may                                    significant that it drives, or contributes                    On October 21, 2014, we received a
                                                    be warranted’’ (50 CFR 424.14(b)). If we                                to, the risk of extinction of the species                  petition dated October 8, 2014, from
                                                    find that a petition presents substantial                               such that the species may warrant                          Freeport-McMoRan Minerals
                                                    scientific or commercial information,                                   listing as endangered or threatened as                     Corporation requesting the acuna cactus
                                                    we are required to promptly commence                                    those terms are defined in the Act, the                    be delisted under the Act due to invalid
                                                    a review of the status of the species, and                              stressor constitutes a threat to the                       taxonomy, larger range than previously
                                                    we will subsequently summarize the                                      species. Thus, the identification of                       known, and lack of adequate monitoring
                                                    status review in our 12-month finding.                                  conditions that could affect a species                     and survey data resulting in overstated
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                                                       Section 4 of the Act (16 U.S.C. 1533)                                negatively may not be sufficient to                        decline in populations. The petition
                                                    and its implementing regulations at 50                                  compel a finding that the information in                   clearly identified itself as such and
                                                    CFR part 424 set forth the procedures                                   the petition and our files is substantial.                 included the requisite identification
                                                    for adding a species to, or removing a                                  The information must include evidence                      information for the petitioner, required
                                                    species from, the Federal Lists of                                      sufficient to suggest that these                           at 50 CFR 424.14(a). In a December 18,
                                                    Endangered and Threatened Wildlife                                      conditions may be operative threats that                   2014, letter to the petitioner, we
                                                    and Plants. A species may be                                            act on the species to a sufficient degree                  responded that we received the petition.
                                                    determined to be an endangered or                                       that the species may meet the definition                   This finding addresses the petition.


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                                                    14062                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    Finding                                                 that we had reviewed the information                  Evaluation of a Petition To Remove the
                                                       Based on our review of the petition                  presented in the petition and did not                 American Burying Beetle From the List
                                                    and sources cited in the petition, we                   find that the petition warranted an                   of Endangered and Threatened Wildlife
                                                    find that the petition does not present                 emergency listing under section 4(b)(7)
                                                                                                            of the Act.                                             Additional information regarding our
                                                    substantial scientific or commercial
                                                                                                               On June 10, 2015, we received a                    review of this petition can be found as
                                                    information indicating that the
                                                                                                            second petition dated June 10, 2015,                  an appendix at http://
                                                    petitioned action (delisting) may be
                                                                                                            from the Center for Biological Diversity              www.regulations.gov under Docket No.
                                                    warranted for the acuna cactus
                                                    (Echinomastus erectocentrus var.                        (CBD) requesting that the listed African              FWS–R2–ES–2016–0011 under the
                                                    acunensis). Because the petition does                   elephant be reclassified from a single                Supporting Documents section.
                                                    not present substantial information                     species (Loxodonta africana) into two                 Species and Range
                                                    indicating that delisting the acuna                     separate species, forest elephants
                                                    cactus may be warranted, we are not                     (Loxodonta cyclotis) and savannah                       American burying beetle
                                                    initiating a status review of this species              elephants (Loxodonta africana); the                   (Nicrophorus americanus): Arkansas,
                                                    in response to this petition. The basis                 petition also requested to have both                  Kansas, Massachusetts, Missouri,
                                                    and scientific support for this finding                 species reclassified as endangered                    Nebraska, Oklahoma, Rhode Island,
                                                    can be found as an appendix at http://                  species under the Act. The petition                   South Dakota, and Texas
                                                    www.regulations.gov under Docket No.                    clearly identified itself as such and
                                                    FWS–R2–ES–2016–0025 under the                           included the requisite identification                 Petition History
                                                    Supporting Documents section.                           information for the petitioner, required                 On August 18, 2015, we received a
                                                    However, we ask that the public submit                  at 50 CFR 424.14(a). In a June 17, 2015,              petition dated August 18, 2015, via
                                                    to us any new information that becomes                  letter to the petitioner, we responded                electronic mail from American Stewards
                                                    available concerning the status of, or                  that we had reviewed the information                  of Liberty, the Independent Petroleum
                                                    threats to, this species or its habitat at              presented in the petition and did not                 Association of America, the Texas
                                                    any time (see Table 3 in SUPPLEMENTARY                  find that the petition warranted an                   Public Policy Foundation, and Dr.
                                                    INFORMATION).                                           emergency listing under section 4(b)(7)               Steven W. Carothers (petitioners)
                                                                                                            of the Act.                                           requesting that the American burying
                                                    Evaluation of Two Petitions To
                                                    Reclassify the African Elephant From a                     As both petitions requested the same               beetle be delisted under the Act due to
                                                    Threatened Species to an Endangered                     action for the same species, this finding             error in information such that the
                                                    Species Under the Act                                   will address both petitions.                          existence or magnitude of threats to the
                                                                                                            Additionally, although CBD requested                  species, or both, do not support a
                                                      Additional information regarding our                  that the listed African elephant be
                                                    review of these petitions can be found                                                                        conclusion that the species is at risk of
                                                                                                            reclassified from a single species                    extinction now or in the foreseeable
                                                    as an appendix at http://                               (Loxodonta africana) into two separate
                                                    www.regulations.gov under Docket No.                                                                          future. The petition clearly identified
                                                                                                            species, the forest elephants (Loxodonta              itself as a petition and included the
                                                    FWS–HQ–ES–2016–0010 under the                           cyclotis) and the savannah elephants
                                                    Supporting Documents section.                                                                                 requisite identification information for
                                                                                                            (Loxodonta africana), a taxonomic                     the petitioner, as required by 50 CFR
                                                    Species and Range                                       change is beyond the scope of our initial             424.14(a). This finding addresses the
                                                      African elephant (Loxodonta                           90-day finding, and we will instead                   petition.
                                                    africana): Angola; Benin; Botswana;                     consider whether such a change is
                                                    Burkina Faso; Cameroon; Central                         warranted as part of our status review                Finding
                                                    African Republic; Chad; Congo;                          and 12-month finding for the species.
                                                                                                                                                                     Based on our review of the petition
                                                    Democratic Republic of the Congo; Côte                 Finding                                               and sources cited in the petition, we
                                                    d’Ivoire; Equatorial Guinea; Eritrea;                                                                         find that the petition presents
                                                    Ethiopia; Gabon; Ghana; Guinea;                            Based on our review of the petition
                                                                                                            and sources cited in the petition, we                 substantial scientific or commercial
                                                    Guinea-Bissau; Kenya; Liberia; Malawi;                                                                        information indicating that the
                                                    Mali; Mozambique; Namibia; Niger;                       find that the petition presents
                                                                                                            substantial scientific or commercial                  petitioned action (delisting) may be
                                                    Nigeria; Rwanda; Senegal; Sierra Leone;
                                                                                                            information indicating that listing the               warranted for the American burying
                                                    Somalia; South Africa; South Sudan;
                                                                                                            African elephant (Loxodonta africana)                 beetle (Nicrophorus americanus), based
                                                    Swaziland; Tanzania; Togo; Uganda;
                                                                                                            may be warranted based on Factors A,                  on a lack of threats under any of the five
                                                    Zambia; Zimbabwe
                                                                                                            B, D, and E. However, during our status               listing factors. However, during our
                                                    Petitions History                                       review, we will thoroughly evaluate all               status review, we will thoroughly
                                                       On February 12, 2015, we received an                 potential threats to the species,                     evaluate all potential threats to the
                                                    electronic petition dated February 11,                  including the extent to which any                     species, including the extent to which
                                                    2015, from the International Fund for                   protections or other conservation efforts             any protections or other conservation
                                                    Animal Welfare, Humane Society                          have reduced those threats. Thus, for                 efforts have reduced those threats. Thus,
                                                    International, Humane Society of the                    this species, the Service requests any                for this species, the Service requests any
                                                    United States, and Fund for Animals                     information relevant to whether the                   information relevant to whether the
                                                    requesting that the African elephant                    species falls within the definition of                species falls within the definition of
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                                                    (Loxodonta africana) be reclassified                    either an endangered species under                    either an endangered species under
                                                    from threatened status to endangered                    section 3(6) of the Act or a threatened               section 3(6) of the Act or a threatened
                                                    status under the Act. The petition                      species under section 3(20), including                species under section 3(20), including
                                                    clearly identified itself as such and                   information on the five listing factors               information on the five listing factors
                                                    included the requisite identification                   under section 4(a)(1) and any other                   under section 4(a)(1) and any other
                                                    information for the petitioner, required                factors identified in this finding (see               factors identified in this finding (see
                                                    at 50 CFR 424.14(a). In a June 17, 2015,                Request for Information for Status                    Request for Information for Status
                                                    letter to the petitioner, we responded                  Reviews, above).                                      Reviews, above).


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                                                                          Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules                                            14063

                                                    Evaluation of a Petition To List the                    Arizona and Utah. This is a subspecies                endangered or threatened and that
                                                    Arizona Night Lizard as an Endangered                   of the wetsalts tiger beetle (Cicindela               critical habitat be designated under the
                                                    or Threatened Species Under the Act                     haemorrhagica).                                       Act. The petition clearly identified itself
                                                      Additional information regarding our                                                                        as such and included the requisite
                                                                                                            Petition History
                                                    review of this petition can be found as                                                                       identification information for the
                                                    an appendix at http://                                     On May 1, 2015, we received a                      petitioner, required at 50 CFR 424.14(a).
                                                    www.regulations.gov under Docket No.                    petition dated May 1, 2015, from CBD                  This finding addresses Bezy’s night
                                                    FWS–R2–ES–2015–0075 under the                           requesting that the Arizona wetsalts                  lizard.
                                                    Supporting Documents section.                           tiger beetle be listed as threatened or
                                                                                                            endangered under the Act. The petition                Finding
                                                    Species and Range                                       clearly identified itself as such and                    Based on our review of the petition
                                                      Arizona night lizard (Xantusia                        included the requisite identification                 and sources cited in the petition, we
                                                    arizonae): Arizona                                      information for the petitioner, required              find that the petition does not present
                                                                                                            at 50 CFR 424.14(a). In a June 4, 2015,               substantial scientific or commercial
                                                    Petition History                                        letter to the petitioner, we responded                information indicating that the
                                                      On July 11, 2012, we received a                       that we had reviewed the information                  petitioned action may be warranted for
                                                    petition dated July 11, 2012, from CBD                  presented in the petition and did not                 Bezy’s night lizard (Xantusia bezyi).
                                                    requesting that 53 species of reptiles                  find that the petition warranted an                   Because the petition does not present
                                                    and amphibians, including the Arizona                   emergency listing under section 4(b)(7)               substantial information indicating that
                                                    night lizard, be listed under the Act as                of the Act. This finding addresses the                listing Bezy’s night lizard may be
                                                    endangered or threatened and that                       petition.                                             warranted, we are not initiating a status
                                                    critical habitat be designated under the                                                                      review of this species in response to this
                                                                                                            Finding
                                                    Act. The petition clearly identified itself                                                                   petition. The basis and scientific
                                                    as such and included the requisite                         Based on our review of the petition                support for this finding can be found as
                                                    identification information for the                      and sources cited in the petition, we                 an appendix at http://
                                                    petitioner, required at 50 CFR 424.14(a).               find that the petition does not present               www.regulations.gov under Docket No.
                                                    This finding addresses the Arizona                      substantial scientific or commercial                  FWS–R2–ES–2015–0076 under the
                                                    night lizard.                                           information indicating that the                       Supporting Documents section.
                                                                                                            petitioned action may be warranted for                However, we ask that the public submit
                                                    Finding                                                 the Arizona wetsalts tiger beetle                     to us any new information that becomes
                                                       Based on our review of the petition                  (Cicindela haemorrhagica arizonae).                   available concerning the status of, or
                                                    and sources cited in the petition, we                   Because the petition does not present                 threats to, this species or its habitat at
                                                    find that the petition does not present                 substantial information indicating that               any time (see Table 3 in SUPPLEMENTARY
                                                    substantial scientific or commercial                    listing the Arizona wetsalts tiger beetle             INFORMATION).
                                                    information indicating that the                         may be warranted, we are not initiating
                                                    petitioned action may be warranted for                  a status review of this species in                    Evaluation of a Petition To List the
                                                    the Arizona night lizard (Xantusia                      response to this petition. The basis and              Cheoah Bald Salamander as an
                                                    arizonae). Because the petition does not                scientific support for this finding can be            Endangered or Threatened Species
                                                    present substantial information                         found as an appendix at http://                       Under the Act
                                                    indicating that listing the Arizona night               www.regulations.gov under Docket No.                    Additional information regarding our
                                                    lizard may be warranted, we are not                     FWS–R2–ES–2016–0027 under the                         review of this petition can be found as
                                                    initiating a status review of this species              Supporting Documents section.                         an appendix at http://
                                                    in response to this petition. The basis                 However, we ask that the public submit                www.regulations.gov under Docket No.
                                                    and scientific support for this finding                 to us any new information that becomes                FWS–R4–ES–2015–0081 under the
                                                    can be found as an appendix at http://                  available concerning the status of, or                Supporting Documents section.
                                                    www.regulations.gov under Docket No.                    threats to, this species or its habitat at
                                                    FWS–R2–ES–2015–0075 under the                                                                                 Species and Range
                                                                                                            any time (see Table 3 in SUPPLEMENTARY
                                                    Supporting Documents section.                           INFORMATION).                                           Cheoah Bald salamander (Plethodon
                                                    However, we ask that the public submit                                                                        cheoah): North Carolina
                                                    to us any new information that becomes                  Evaluation of a Petition To List Bezy’s
                                                                                                            Night Lizard as an Endangered or                      Petition History
                                                    available concerning the status of, or
                                                    threats to, this species or its habitat at              Threatened Species Under the Act                         On July 11, 2012, we received a
                                                    any time (see Table 3 in SUPPLEMENTARY                    Additional information regarding our                petition dated July 11, 2012, from CBD
                                                    INFORMATION).                                           review of this petition can be found as               requesting that 53 species of reptiles
                                                                                                            an appendix at http://                                and amphibians, including the Cheoah
                                                    Evaluation of a Petition To List the                    www.regulations.gov under Docket No.                  Bald salamander, be listed under the
                                                    Arizona Wetsalts Tiger Beetle as an                     FWS–R2–ES–2015–0076 under the                         Act as endangered or threatened and
                                                    Endangered or Threatened Species                        Supporting Documents section.                         that critical habitat be designated under
                                                    Under the Act                                                                                                 the Act. The petition clearly identified
                                                      Additional information regarding our                  Species and Range                                     itself as such and included the requisite
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                                                    review of this petition can be found as                   Bezy’s night lizard (Xantusia bezyi):               identification information for the
                                                    an appendix at http://                                  Arizona                                               petitioner, required at 50 CFR 424.14(a).
                                                    www.regulations.gov under Docket No.                                                                          This finding addresses the Cheoah Bald
                                                                                                            Petition History
                                                    FWS–R2–ES–2016–0027 under the                                                                                 salamander.
                                                    Supporting Documents section.                              On July 11, 2012, we received a
                                                                                                            petition dated July 11, 2012, from CBD                Finding
                                                    Species and Range                                       requesting that 53 species of reptiles                   Based on our review of the petition
                                                      Arizona wetsalts tiger beetle                         and amphibians, including Bezy’s night                and sources cited in the petition, we
                                                    (Cicindela haemorrhagica arizonae):                     lizard, be listed under the Act as                    find that the petition does not present


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                                                    14064                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    substantial scientific or commercial                       On July 15, 2015, we electronically                Evaluation of a Petition To List the Cow
                                                    information indicating that the                         received a second petition from CBD,                  Knob Salamander as an Endangered or
                                                    petitioned action may be warranted for                  IFAW, HSUS, and BFUSA requesting                      Threatened Species Under the Act
                                                    the Cheoah Bald salamander (Plethodon                   that the Service list the same seven
                                                    cheoah). Because the petition does not                  species of pangolin (Chinese pangolin                   Additional information regarding our
                                                    present substantial information                         (Manis pentadactyla), Sunda pangolin                  review of this petition can be found as
                                                    indicating that listing the Cheoah Bald                 (M. javanica), Philippine pangolin (M.                an appendix at http://
                                                    salamander may be warranted, we are                     culionensis), Indian pangolin (M.                     www.regulations.gov under Docket No.
                                                    not initiating a status review of this                  crassicaudata), tree pangolin (M.                     FWS–R5–ES–2015–0084 under the
                                                    species in response to this petition. The               tricuspis), giant ground pangolin (M.                 Supporting Documents section.
                                                    basis and scientific support for this                   gigantean), and the long-tailed pangolin
                                                                                                                                                                  Species and Range
                                                    finding can be found as an appendix at                  (M. tetradactyla)) as an endangered
                                                    http://www.regulations.gov under                        species under the similarity of                         Cow Knob (or white-spotted)
                                                    Docket No. FWS–R4–ES–2015–0081                          appearance provisions of the Act                      salamander (Plethodon punctatus):
                                                    under the Supporting Documents                          (section 4(e)), based upon the                        Virginia, West Virginia
                                                    section. However, we ask that the public                petitioners’ claim of these species’
                                                    submit to us any new information that                   similarity of appearance to the currently             Petition History
                                                    becomes available concerning the status                 listed Temminck’s ground pangolin
                                                    of, or threats to, this species or its                  (Manis temminckii). The petition clearly                 On July 11, 2012, we received a
                                                    habitat at any time (see Table 3 in                     identified itself as such and included                petition dated July 11, 2012, from CBD
                                                    SUPPLEMENTARY INFORMATION).                             the requisite identification information              requesting that 53 species of reptiles
                                                                                                            for the petitioner, required at 50 CFR                and amphibians, including the Cow
                                                    Evaluation of Two Petitions To List the                                                                       Knob (or white-spotted) salamander, be
                                                                                                            424.14(a). In an August 17, 2015, letter
                                                    Chinese Pangolin Under the                                                                                    listed under the Act as endangered or
                                                                                                            to the petitioner, we responded that we
                                                    Endangered Species Act                                                                                        threatened and that critical habitat be
                                                                                                            had reviewed the information presented
                                                      Additional information regarding our                  in the petition and did not find that the             designated under the Act. The petition
                                                    review of these petitions can be found                  petition warranted an emergency listing               clearly identified itself as such and
                                                    as an appendix at http://                               under section 4(b)(7) of the Act.                     included the requisite identification
                                                    www.regulations.gov under Docket No.                       As both petitions address the seven                information for the petitioner, required
                                                    FWS–HQ–ES–2016–0012 under the                           unlisted species of pangolin, we are                  at 50 CFR 424.14(a). This finding
                                                    Supporting Documents section.                           combining the petitioned actions (listing             addresses the Cow Knob salamander.
                                                                                                            each species as either threatened or
                                                    Species and Range                                                                                             Finding
                                                                                                            endangered either based on the five
                                                      Chinese pangolin (Manis                               factors under section 4(a)(1) of the Act                 Based on our review of the petition
                                                    pentadactyla): Himalayan foothills,                     or due to a similarity of appearance                  and sources cited in the petition, we
                                                    northern India; southern Bhutan;                        under section 4(e) of the Act) into a                 find that the petition does not present
                                                    northeastern Bangladesh; northern Lao                   single 90-day finding for each species.               substantial scientific or commercial
                                                    PDR; southern China; Taiwan; Hong                       The requested action for listing based on             information indicating that the
                                                    Kong SAR; northern Viet Nam;                            similarity of appearance (section 4(e))               petitioned action may be warranted for
                                                    northwest Thailand; and northern and                    will be considered under Factor E of                  the Cow Knob (or white-spotted)
                                                    western Myanmar                                         each finding.                                         salamander (Plethodon punctatus).
                                                    Petitions History                                          This finding addresses the Chinese                 Because the petition does not present
                                                                                                            pangolin (Manis pentadactyla).
                                                       On July 15, 2015, we electronically                                                                        substantial information indicating that
                                                    received a petition from Born Free USA                  Finding                                               listing the Cow Knob salamander may
                                                    (BFUSA), CBD, Humane Society                               Based on our review of the petition                be warranted, we are not initiating a
                                                    International (HSI), The Humane                         and sources cited in the petition, we                 status review of this species in response
                                                    Society of the United States (HSUS),                    find that the petition presents                       to this petition. The basis and scientific
                                                    and the International Fund for Animal                   substantial scientific or commercial                  support for this finding can be found as
                                                    Welfare (IFAW), requesting that we list                 information indicating that listing the               an appendix at http://
                                                    seven species of pangolin (Chinese                      Chinese pangolin (Manis pentadactyla)                 www.regulations.gov under Docket No.
                                                    pangolin (Manis pentadactyla), Sunda                    may be warranted based on Factors A,                  FWS–R5–ES–2015–0084 under the
                                                    pangolin (M. javanica), Philippine                      B, D, and E. However, during our status               Supporting Documents section.
                                                    pangolin (M. culionensis), Indian                       review, we will thoroughly evaluate all               However, we ask that the public submit
                                                    pangolin (M. crassicaudata), tree                       potential threats to the species,                     to us any new information that becomes
                                                    pangolin (M. tricuspis), giant ground                   including the extent to which any                     available concerning the status of, or
                                                    pangolin (M. gigantean), and the long-                  protections or other conservation efforts             threats to, this species or its habitat at
                                                    tailed pangolin (M. tetradactyla)) as                   have reduced those threats. Thus, for                 any time (see Table 3 in SUPPLEMENTARY
                                                    endangered species under the Act. The                   this species, the Service requests any                INFORMATION).
                                                    petition clearly identified itself as such              information relevant to whether the                   Evaluation of a Petition To Remove the
                                                    and included the requisite identification               species falls within the definition of
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                                                                                                                                                                  Deseret Milkvetch From the List of
                                                    information for the petitioner, required                either an endangered species under                    Endangered and Threatened Wildlife
                                                    at 50 CFR 424.14(a). In an August 17,                   section 3(6) of the Act or a threatened
                                                    2015, letter to the petitioner, we                      species under section 3(20), including                  Additional information regarding our
                                                    responded that we had reviewed the                      information on the five listing factors               review of this petition can be found as
                                                    information presented in the petition                   under section 4(a)(1) and any other                   an appendix at http://
                                                    and did not find that the petition                      factors identified in this finding (see               www.regulations.gov under Docket No.
                                                    warranted an emergency listing under                    Request for Information for Status                    FWS–R6–ES–2016–0013 under the
                                                    section 4(b)(7) of the Act.                             Reviews, above).                                      Supporting Documents section.


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                                                                          Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules                                           14065

                                                    Species and Range                                       HSI, HSUS, and IFAW requesting that                   information indicating that listing the
                                                      Deseret milkvetch (Astragalus                         we list seven species of pangolin                     giant ground pangolin (Manis gigantean)
                                                    desereticus): Utah                                      (Chinese pangolin (Manis pentadactyla),               may be warranted based on Factors A,
                                                                                                            Sunda pangolin (M. javanica),                         B, D, and E. However, during our status
                                                    Petition History                                        Philippine pangolin (M. culionensis),                 review, we will thoroughly evaluate all
                                                       We received a petition dated October                 Indian pangolin (M. crassicaudata), tree              potential threats to the species,
                                                    6, 2015, from Western Area Power                        pangolin (M. tricuspis), giant ground                 including the extent to which any
                                                    Administration requesting that Deseret                  pangolin (M. gigantean), and the long-                protections or other conservation efforts
                                                    milkvetch (currently listed as                          tailed pangolin (M. tetradactyla)) as                 have reduced those threats. Thus, for
                                                    threatened), be delisted under the Act                  endangered species under the Act. The                 this species, the Service requests any
                                                    due to new information. The petition                    petition clearly identified itself as such            information relevant to whether the
                                                    clearly identified itself as such and                   and included the requisite identification             species falls within the definition of
                                                    included the requisite identification                   information for the petitioner, required              either an endangered species under
                                                    information for the petitioner, required                at 50 CFR 424.14(a). In an August 17,                 section 3(6) of the Act or a threatened
                                                    at 50 CFR 424.14(a). This finding                       2015, letter to the petitioner, we                    species under section 3(20), including
                                                    addresses the petition.                                 responded that we reviewed the                        information on the five listing factors
                                                                                                            information presented in the petition                 under section 4(a)(1) and any other the
                                                    Finding                                                 and did not find that the petition                    factors identified in this finding (see
                                                       Based on our review of the petition                  warranted an emergency listing under                  Request for Information for Status
                                                    and sources cited in the petition, we                   section 4(b)(7) of the Act.                           Reviews, above).
                                                    find that the petition presents                            On July 15, 2015, we electronically
                                                    substantial scientific or commercial                    received a second petition from CBD,                  Evaluation of Two Petitions To List the
                                                    information indicating that the                         IFAW, HSI, HSUS, and BFUSA                            Indian Pangolin Under the Endangered
                                                    petitioned action (delisting) may be                    requesting that the Service list the same             Species Act
                                                    warranted for the Deseret milkvetch                     seven species of pangolin (Chinese                      Additional information regarding our
                                                    (Astragalus desereticus), based on a lack               pangolin (Manis pentadactyla), Sunda                  review of these petitions can be found
                                                    of threats under any of the five listing                pangolin (M. javanica), Philippine                    as an appendix at http://
                                                    factors. However, during our status                     pangolin (M. culionensis), Indian                     www.regulations.gov under Docket No.
                                                    review, we will thoroughly evaluate all                 pangolin (M. crassicaudata), tree                     FWS–HQ–ES–2016–0015 under the
                                                    potential threats to the species,                       pangolin (M. tricuspis), giant ground                 Supporting Documents section.
                                                    including the extent to which any                       pangolin (M. gigantean), and the long-
                                                                                                                                                                  Species and Range
                                                    protections or other conservation efforts               tailed pangolin (M. tetradactyla)) as an
                                                    have reduced those threats. Thus, for                   endangered species under the similarity                 Indian pangolin (Manis
                                                    this species, the Service requests                      of appearance provisions of the Act                   crassicaudata): Bangladesh; India;
                                                    information relevant to whether the                     (section 4(e)), based upon the                        Nepal; Pakistan; Sri Lanka
                                                    species falls within the definition of                  petitioners’ claim of these species’                  Petitions History
                                                    either an endangered species under                      similarity of appearance to the currently
                                                                                                            listed Temminck’s ground pangolin                        On July 15, 2015, we electronically
                                                    section 3(6) of the Act or a threatened
                                                                                                            (Manis temminckii). The petition clearly              received a petition from BFUSA, CBD,
                                                    species under section 3(20), including
                                                                                                            identified itself as such and included                HSI, HSUS, and IFAW requesting that
                                                    information on the five listing factors
                                                                                                            the requisite identification information              we list seven species of pangolin
                                                    under section 4(a)(1) and any other
                                                                                                            for the petitioner, required at 50 CFR                (Chinese pangolin (Manis pentadactyla),
                                                    factors identified in this finding (see
                                                                                                            424.14(a). In an August 17, 2015, letter              Sunda pangolin (M. javanica),
                                                    Request for Information for Status
                                                                                                            to the petitioner, we responded that we               Philippine pangolin (M. culionensis),
                                                    Reviews, above).
                                                                                                            had reviewed the information presented                Indian pangolin (M. crassicaudata), tree
                                                    Evaluation of Two Petitions To List the                 in the petition and did not find that the             pangolin (M. tricuspis), giant ground
                                                    Giant Ground Pangolin Under the                         petition warranted an emergency listing               pangolin (M. gigantean), and the long-
                                                    Endangered Species Act                                  under section 4(b)(7) of the Act.                     tailed pangolin (M. tetradactyla)) as
                                                      Additional information regarding our                     As both petitions address the seven                endangered species under the Act. The
                                                    review of these petitions can be found                  unlisted species of pangolin, we are                  petition clearly identified itself as such
                                                    as an appendix at http://                               combining the petitioned actions (listing             and included the requisite identification
                                                    www.regulations.gov under Docket No.                    each species as either threatened or                  information for the petitioner, required
                                                    FWS–HQ–ES–2016–0014 under the                           endangered either based on the five                   at 50 CFR 424.14(a). In an August 17,
                                                    Supporting Documents section.                           factors under section 4(a)(1) of the Act              2015, letter to the petitioner, we
                                                                                                            or due to a similarity of appearance                  responded that we had reviewed the
                                                    Species and Range                                       under section 4(e) of the Act) into a                 information presented in the petition
                                                      Giant ground pangolin (Manis                          single 90-day finding for each species.               and did not find that the petition
                                                    gigantean): Cameroon; Central African                   The requested action for listing based on             warranted an emergency listing under
                                                    Republic; Congo; Congo, The                             similarity of appearance (section 4(e))               section 4(b)(7) of the Act.
                                                    Democratic Republic of the; Côte                       will be considered under Factor E of                     On July 15, 2015, we electronically
                                                                                                                                                                  received a second petition from CBD,
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                                                    d’Ivoire; Equatorial Guinea (Bioko,                     each finding.
                                                    Equatorial Guinea (mainland)); Gabon;                      This finding addresses the giant                   IFAW, HSI, HSUS, and BFUSA
                                                    Ghana; Guinea; Guinea-Bissau; Liberia;                  ground pangolin (Manis gigantean).                    requesting that the Service list the same
                                                    Senegal; Sierra Leone; Tanzania, United                                                                       seven species of pangolin (Chinese
                                                                                                            Finding                                               pangolin (Manis pentadactyla), Sunda
                                                    Republic of; Uganda
                                                                                                               Based on our review of the petition                pangolin (M. javanica), Philippine
                                                    Petitions History                                       and sources cited in the petition, we                 pangolin (M. culionensis), Indian
                                                      On July 15, 2015, we electronically                   find that the petition presents                       pangolin (M. crassicaudata), tree
                                                    received a petition from BFUSA, CBD,                    substantial scientific or commercial                  pangolin (M. tricuspis), giant ground


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                                                    14066                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    pangolin (M. gigantean), and the long-                  FWS–R2–ES–2016–0016 under the                         Guinea (mainland)); Gabon; Ghana;
                                                    tailed pangolin (M. tetradactyla)) as an                Supporting Documents section.                         Liberia; Nigeria; Sierra Leone
                                                    endangered species under the similarity
                                                                                                            Species and Range                                     Petitions History
                                                    of appearance provisions of the Act
                                                    (section 4(e)), based upon the                            Leoncita false-foxglove (Agalinis                      On July 15, 2015, we electronically
                                                    petitioners’ claim of the species’                      calycina): New Mexico, Texas; Mexico                  received a petition from BFUSA, CBD,
                                                    similarity of appearance to the currently                                                                     HSI, HSUS, and IFAW requesting that
                                                                                                            Petition History                                      we list seven species of pangolin
                                                    listed Temminck’s ground pangolin
                                                    (Manis temminckii). The petition clearly                   On September 19, 2012, we received                 (Chinese pangolin (Manis pentadactyla),
                                                    identified itself as such and included                  a petition dated September 6, 2012,                   Sunda pangolin (M. javanica),
                                                    the requisite identification information                from The Native Plant Society of New                  Philippine pangolin (M. culionensis),
                                                    for the petitioner, required at 50 CFR                  Mexico requesting that Leoncita false-                Indian pangolin (M. crassicaudata), tree
                                                    424.14(a). In an August 17, 2015, letter                foxglove be listed as endangered and                  pangolin (M. tricuspis), giant ground
                                                    to the petitioner, we responded that we                 critical habitat be designated for this               pangolin (M. gigantean), and the long-
                                                    had reviewed the information presented                  species under the Act. The petition                   tailed pangolin (M. tetradactyla)) as
                                                    in the petition and did not find that the               clearly identified itself as such and                 endangered species under the Act. The
                                                    petition warranted an emergency listing                 included the requisite identification                 petition clearly identified itself as such
                                                    under section 4(b)(7) of the Act.                       information for the petitioner, required              and included the requisite identification
                                                                                                            at 50 CFR 424.14(a). In a July 1, 2013,               information for the petitioner, required
                                                       As both petitions address the seven
                                                                                                            letter to the petitioner, we responded                at 50 CFR 424.14(a). In an August 17,
                                                    unlisted species of pangolin, we are
                                                                                                            that we had reviewed the information                  2015, letter to the petitioner, we
                                                    combining the petitioned actions (listing
                                                                                                            presented in the petition and did not                 responded that we had reviewed the
                                                    each species as either threatened or
                                                                                                            find that the petition warranted an                   information presented in the petition
                                                    endangered either based on the five
                                                                                                            emergency listing under section 4(b)(7)               and did not find that the petition
                                                    factors under section 4(a)(1) of the Act
                                                                                                            of the Act. This finding addresses the                warranted an emergency listing under
                                                    or due to a similarity of appearance
                                                                                                            petition.                                             section 4(b)(7) of the Act.
                                                    under section 4(e) of the Act) into a                                                                            On July 15, 2015, we electronically
                                                    single 90-day finding for each species.                 Finding                                               received a second petition from CBD,
                                                    The requested action for listing based on                  Based on our review of the petition                IFAW, HSI, HSUS, and BFUSA
                                                    similarity of appearance (section 4(e))                 and sources cited in the petition, we                 requesting that the Service list the same
                                                    will be considered under Factor E of                    find that the petition presents                       seven species of pangolin (Chinese
                                                    each finding.                                           substantial scientific or commercial                  pangolin (Manis pentadactyla), Sunda
                                                       This finding addresses the Indian                    information indicating that listing the               pangolin (M. javanica), Philippine
                                                    pangolin (Manis crassicaudata).                         Leoncita false-foxglove (Agalinis                     pangolin (M. culionensis), Indian
                                                    Finding                                                 calycina) may be warranted, based on                  pangolin (M. crassicaudata), tree
                                                                                                            Factors A, D, and E. However, during                  pangolin (M. tricuspis), giant ground
                                                       Based on our review of the petition                  our status review, we will thoroughly                 pangolin (M. gigantean), and the long-
                                                    and sources cited in the petition, we                   evaluate all potential threats to the                 tailed pangolin (M. tetradactyla)) as an
                                                    find that the petition presents                         species, including the extent to which                endangered species under the similarity
                                                    substantial scientific or commercial                    any protections or other conservation                 of appearance provisions of the Act
                                                    information indicating that listing the                 efforts have reduced those threats. Thus,             (section 4(e)), based upon the
                                                    Indian pangolin (Manis crassicaudata)                   for this species, the Service requests any            petitioners’ claim of the species’
                                                    may be warranted based on Factors A,                    information relevant to whether the                   similarity of appearance to the currently
                                                    B, D, and E. However, during our status                 species falls within the definition of                listed Temminck’s ground pangolin
                                                    review, we will thoroughly evaluate all                 either an endangered species under                    (Manis temminckii). The petition clearly
                                                    potential threats to the species,                       section 3(6) of the Act or a threatened               identified itself as such and included
                                                    including the extent to which any                       species under section 3(20), including                the requisite identification information
                                                    protections or other conservation efforts               information on the five listing factors               for the petitioner, required at 50 CFR
                                                    have reduced those threats. Thus, for                   under section 4(a)(1) and any other                   424.14(a). In an August 17, 2015, letter
                                                    this species, the Service requests any                  factors identified in this finding (see               to the petitioners, we responded that we
                                                    information relevant to whether the                     Request for Information for Status                    had reviewed the information presented
                                                    species falls within the definition of                  Reviews, above).                                      in the petition and did not find that the
                                                    either an endangered species under                                                                            petition warranted an emergency listing
                                                    section 3(6) of the Act or a threatened                 Evaluation of Two Petitions To List the               under section 4(b)(7) of the Act.
                                                    species under section 3(20), including                  Long-tailed Pangolin Under the                           As both petitions address the seven
                                                    information on the five listing factors                 Endangered Species Act                                unlisted species of pangolin, we are
                                                    under section 4(a)(1) and any other                       Additional information regarding our                combining the petitioned actions (listing
                                                    factors identified in this finding (see                 review of these petitions can be found                each species as either threatened or
                                                    Request for Information for Status                      as an appendix at http://                             endangered either based on the five
                                                    Reviews, above).                                        www.regulations.gov under Docket No.                  factors under section 4(a)(1) of the Act
                                                                                                                                                                  or due to a similarity of appearance
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                                                    Evaluation of a Petition To List the                    FWS–HQ–ES–2016–0017 under the
                                                    Leoncita False-Foxglove as an                           Supporting Documents section.                         under section 4(e) of the Act) into a
                                                    Endangered or Threatened Species                                                                              single 90-day finding for each species.
                                                                                                            Species and Range                                     The requested action for listing based on
                                                    Under the Act
                                                                                                               Long-tailed pangolin (Manis                        similarity of appearance (section 4(e))
                                                      Additional information regarding our                  tetradactyla): Cameroon; Central African              will be considered under Factor E of
                                                    review of this petition can be found as                 Republic; Congo; Congo, The                           each finding.
                                                    an appendix at http://                                  Democratic Republic of the; Côte                        This finding addresses the long-tailed
                                                    www.regulations.gov under Docket No.                    d’Ivoire; Equatorial Guinea (Equatorial               pangolin (Manis tetradactyla).


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                                                                          Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules                                            14067

                                                    Finding                                                 Finding                                               Greater Virgin Islands skink, and Lesser
                                                                                                               Based on our review of the petition                Saint Croix skink were addressed in a
                                                       Based on our review of the petition                                                                        separate finding, which was published
                                                    and sources cited in the petition, we                   and sources cited in the petition, we
                                                                                                            find that the petition does not present               in the Federal Register on January 12,
                                                    find that the petition presents                                                                               2016 (81 FR 1368). We will address the
                                                    substantial scientific or commercial                    substantial scientific or commercial
                                                                                                            information indicating that the                       Lesser Virgin Islands skink in a separate
                                                    information indicating that listing the                                                                       evaluation. This finding addresses the
                                                    long-tailed pangolin (Manis                             petitioned action may be warranted for
                                                                                                            MacDougal’s yellowtops (Flaveria                      Monito skink.
                                                    tetradactyla) may be warranted based on
                                                    Factors A, B, D, and E. However, during                 macdougalii). Because the petition does               Finding
                                                    our status review, we will thoroughly                   not present substantial information
                                                                                                            indicating that listing MacDougal’s                      Based on our review of the petition
                                                    evaluate all potential threats to the                                                                         and sources cited in the petition, we
                                                                                                            yellowtops may be warranted, we are
                                                    species, including the extent to which                                                                        find that the petition does not present
                                                                                                            not initiating a status review of this
                                                    any protections or other conservation                                                                         substantial scientific or commercial
                                                                                                            species in response to this petition. The
                                                    efforts have reduced those threats. Thus,                                                                     information indicating that the
                                                                                                            basis and scientific support for this
                                                    for this species, the Service requests any                                                                    petitioned action may be warranted for
                                                                                                            finding can be found as an appendix at
                                                    information relevant to whether the                                                                           the Monito skink (Spondylurus
                                                                                                            http://www.regulations.gov under
                                                    species falls within the definition of                                                                        monitae). Because the petition does not
                                                                                                            Docket No. FWS–R2–ES–2016–0033
                                                    either an endangered species under                                                                            present substantial information
                                                                                                            under the Supporting Documents
                                                    section 3(6) of the Act or a threatened                                                                       indicating that listing the Monito skink
                                                                                                            section. However, we ask that the public
                                                    species under section 3(20), including                  submit to us any new information that                 may be warranted, we are not initiating
                                                    information on the five listing factors                 becomes available concerning the status               a status review of this species in
                                                    under section 4(a)(1) and any other                     of, or threats to, this species or its                response to this petition. The basis and
                                                    factors identified in this finding (see                 habitat at any time (see Table 3 in                   scientific support for this finding can be
                                                    Request for Information for Status                      SUPPLEMENTARY INFORMATION).                           found as an appendix at http://
                                                    Reviews, above).                                                                                              www.regulations.gov under Docket No.
                                                                                                            Evaluation of a Petition To List the                  FWS–R4–ES–2016–0034 under the
                                                    Evaluation of a Petition To List                        Monito Skink as an Endangered or
                                                    MacDougal’s Yellowtops as an                                                                                  Supporting Documents section.
                                                                                                            Threatened Species Under the Act                      However, we ask that the public submit
                                                    Endangered or Threatened Species
                                                    Under the Act                                             Additional information regarding our                to us any new information that becomes
                                                                                                            review of this petition can be found as               available concerning the status of, or
                                                      Additional information regarding our                  an appendix at http://                                threats to, this species or its habitat at
                                                    review of this petition can be found as                 www.regulations.gov under Docket No.                  any time (see Table 3 in SUPPLEMENTARY
                                                    an appendix at http://                                  FWS–R4–ES–2016–0034 under the                         INFORMATION).
                                                    www.regulations.gov under Docket No.                    Supporting Documents section.
                                                                                                                                                                  Evaluation of a Petition To Remove
                                                    FWS–R2–ES–2016–0033 under the                           Species and Range                                     Navasota Ladies-Tresses From the List
                                                    Supporting Documents section.
                                                                                                              Monito skink (Spondylurus monitae):                 of Endangered and Threatened Wildlife
                                                    Species and Range                                       Puerto Rico                                             Additional information regarding our
                                                     MacDougal’s Yellowtops (Flaveria                       Petition History                                      review of this petition can be found as
                                                    macdougalii): Arizona                                                                                         an appendix at http://
                                                                                                               On February 11, 2014, we received a                www.regulations.gov under Docket No.
                                                    Petition History                                        petition dated February 11, 2014, from                FWS–R2–ES–2016–0035 under the
                                                                                                            CBD requesting that the Culebra skink                 Supporting Documents section.
                                                       On May 1, 2015, we received a                        (Spondylurus culebrae), Mona Skink
                                                    petition dated May 1, 2015, from CBD,                   (Spondylurus monae), Monito Skink                     Species and Range
                                                    Tara Easter, and Robin Silver requesting                (Spondylurus Monitoe), Lesser Virgin                    Navasota ladies-tresses (Spiranthes
                                                    that MacDougal’s yellowtops (Flaveria                   Islands Skink (Spondylurus                            parksii): Texas
                                                    macdougalii) be emergency listed as                     semitaeniatus), Virgin Islands Bronze
                                                    threatened or endangered and critical                   Skink (Spondylurus sloanii), Puerto                   Petition History
                                                    habitat be designated for the species                   Rican Skink (Spondylurus nitidus),                       On May 26, 2015, we received a
                                                    under the Act. The petition clearly                     Greater Saint Croix Skink (Spondylurus                petition dated May 26, 2015, by
                                                    identified itself as such and included                  magnacruzae), Greater Virgin Islands                  electronic mail, from American
                                                    the requisite identification information                Skink (Spondylurus spilonotus), and                   Stewards of Liberty and Dr. Steve W.
                                                    for the petitioner, required at 50 CFR                  Lesser Saint Croix Skink (Capitellum                  Carothers requesting that Navasota
                                                    424.14(a). Because the Act does not                     parvicruzae) be listed as endangered                  ladies-tresses be delisted under the Act
                                                    provide for petitions to emergency list,                and critical habitat be designated for                due to error in information. The petition
                                                    we are considering it as a petition to list             these species under the Act. The                      clearly identified itself as a petition and
                                                    MacDougal’s yellowtops. However, we                     petition clearly identified itself as such            included the requisite identification
                                                    did consider the immediacy of possible                  and included the requisite identification             information for the petitioner, as
                                                    threats to the species and whether                      information for the petitioner, required
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                                                                                                                                                                  required by 50 CFR 424.14(a). This
                                                    emergency listing may be necessary at                   at 50 CFR 424.14(a). We acknowledged                  finding addresses the petition.
                                                    this time. In a June 4, 2015, letter to the             receipt of this petition via email on
                                                    petitioner, we responded that we had                    February 12, 2014. This finding                       Finding
                                                    reviewed the information presented in                   addresses one of the nine species                        Based on our review of the petition
                                                    the petition and did not find that the                  identified in the petition: the Monito                and sources cited in the petition, we
                                                    petition warranted an emergency listing                 skink. The Culebra skink, Greater Saint               find that the petition does not present
                                                    under section 4(b)(7) of the Act. This                  Croix skink, Mona skink, Puerto Rican                 substantial scientific or commercial
                                                    finding addresses the petition.                         skink, Virgin Islands bronze skink,                   information indicating that the


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                                                    14068                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    petitioned action (delisting) may be                    under the Supporting Documents                        had reviewed the information presented
                                                    warranted for Navasota ladies-tresses                   section. However, we ask that the public              in the petition and did not find that the
                                                    (Spiranthes parksii). Because the                       submit to us any new information that                 petition warranted an emergency listing
                                                    petition does not present substantial                   becomes available concerning the status               under section 4(b)(7) of the Act.
                                                    information indicating that delisting                   of, or threats to, this species or its                  As both petitions address the seven
                                                    Navasota ladies-tresses may be                          habitat at any time (see Table 3 in                   unlisted species of pangolin, we are
                                                    warranted, we are not initiating a status               SUPPLEMENTARY INFORMATION).                           combining the petitioned actions (listing
                                                    review of this species in response to this                                                                    each species as either threatened or
                                                                                                            Evaluation of Two Petitions To List the
                                                    petition. The basis and scientific                                                                            endangered either based on the five
                                                                                                            Philippine Pangolin Under the
                                                    support for this finding can be found as                                                                      factors under section 4(a)(1) of the Act
                                                                                                            Endangered Species Act
                                                    an appendix at http://                                                                                        or due to a similarity of appearance
                                                    www.regulations.gov under Docket No.                      Additional information regarding our                under section 4(e) of the Act) into a
                                                    FWS–R2–ES–2016–0035 under the                           review of these petitions can be found                single 90-day finding for each species.
                                                    Supporting Documents section.                           as an appendix at http://                             The requested action for listing based on
                                                    However, we ask that the public submit                  www.regulations.gov under Docket No.                  similarity of appearance (section 4(e))
                                                    to us any new information that becomes                  FWS–HQ–ES–2016–0018 under the                         will be considered under Factor E of
                                                    available concerning the status of, or                  Supporting Documents section.                         each finding.
                                                    threats to, this species or its habitat at              Species and Range                                       This finding addresses the Philippine
                                                    any time (see Table 3 in SUPPLEMENTARY                                                                        pangolin (Manis culionensis).
                                                                                                              Philippine pangolin (Manis
                                                    INFORMATION).                                                                                                 Finding
                                                                                                            culionensis): Philippines
                                                    Evaluation of a Petition To List the                                                                             Based on our review of the petition
                                                                                                            Petitions History
                                                    Patagonia Eyed Silkmoth as an                                                                                 and sources cited in the petition, we
                                                    Endangered or Threatened Species                           On July 15, 2015, we electronically                find that the petition presents
                                                    Under the Act                                           received a petition from BFUSA, CBD,                  substantial scientific or commercial
                                                                                                            HSI, HSUS, and IFAW requesting that                   information indicating that listing the
                                                      Additional information regarding our
                                                                                                            we list seven species of pangolin                     Philippine pangolin (Manis culionensis)
                                                    review of this petition can be found as
                                                                                                            (Chinese pangolin (Manis pentadactyla),               may be warranted based on Factors A,
                                                    an appendix at http://
                                                                                                            Sunda pangolin (M. javanica),                         B, D, and E. However, during our status
                                                    www.regulations.gov under Docket No.
                                                                                                            Philippine pangolin (M. culionensis),                 review, we will thoroughly evaluate all
                                                    FWS–R2–ES–2016–0036 under the
                                                                                                            Indian pangolin (M. crassicaudata), tree              potential threats to the species,
                                                    Supporting Documents section.
                                                                                                            pangolin (M. tricuspis), giant ground                 including the extent to which any
                                                    Species and Range                                       pangolin (M. gigantean), and the long-                protections or other conservation efforts
                                                      Patagonia eyed silkmoth (Automeris                    tailed pangolin (M. tetradactyla)) as                 have reduced those threats. Thus, for
                                                    patagoniensis): Arizona; Mexico                         endangered species under the Act. The                 this species, the Service requests any
                                                                                                            petition clearly identified itself as such            information relevant to whether the
                                                    Petition History                                        and included the requisite identification             species falls within the definition of
                                                      On June 29, 2015, we received a                       information for the petitioner, required              either an endangered species under
                                                    petition dated June 17, 2015, from                      at 50 CFR 424.14(a). In an August 17,                 section 3(6) of the Act or a threatened
                                                    Defenders of Wildlife and Patagonia                     2015, letter to the petitioner, we                    species under section 3(20), including
                                                    Area Resource Alliance requesting that                  responded that we had reviewed the                    information on the five listing factors
                                                    the Patagonia eyed silkmoth be listed as                information presented in the petition                 under section 4(a)(1) and any other
                                                    threatened or endangered and critical                   and did not find that the petition                    factors identified in this finding (see
                                                    habitat be designated for this species                  warranted an emergency listing under                  Request for Information for Status
                                                    under the Act. The petition clearly                     section 4(b)(7) of the Act.                           Reviews, above).
                                                    identified itself as such and included                     On July 15, 2015, we electronically
                                                    the requisite identification information                received a second petition from CBD,                  Evaluation of a Petition To List the
                                                    for the petitioner, required at 50 CFR                  IFAW, HSI, HSUS, and BFUSA                            Reticulate Collared Lizard as an
                                                    424.14(a). This finding addresses the                   requesting that the Service list the same             Endangered or Threatened Species
                                                    petition.                                               seven species of pangolin (Chinese                    Under the Act
                                                                                                            pangolin (Manis pentadactyla), Sunda                    Additional information regarding our
                                                    Finding                                                 pangolin (M. javanica), Philippine                    review of this petition can be found as
                                                       Based on our review of the petition                  pangolin (M. culionensis), Indian                     an appendix at http://
                                                    and sources cited in the petition, we                   pangolin (M. crassicaudata), tree                     www.regulations.gov under Docket No.
                                                    find that the petition does not present                 pangolin (M. tricuspis), giant ground                 FWS–R2–ES–2015–0109 under the
                                                    substantial scientific or commercial                    pangolin (M. gigantean), and the long-                Supporting Documents section.
                                                    information indicating that the                         tailed pangolin (M. tetradactyla)) as an
                                                    petitioned action may be warranted for                  endangered species under the similarity               Species and Range
                                                    the Patagonia eyed silkmoth (Automeris                  of appearance provisions of the Act                     Reticulate Collared Lizard
                                                    patagoniensis). Because the petition                    (section 4(e)), based upon the                        (Crotaphytus reticulatus): Texas; Mexico
                                                    does not present substantial information                petitioners’ claim of the species’
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                                                    indicating that listing the Patagonia                   similarity of appearance to the currently             Petition History
                                                    eyed silkmoth may be warranted, we are                  listed Temminck’s ground pangolin                       On July 11, 2012, we received a
                                                    not initiating a status review of this                  (Manis temminckii). The petition clearly              petition dated July 11, 2012, from CBD
                                                    species in response to this petition. The               identified itself as such and included                requesting that 53 species of reptiles
                                                    basis and scientific support for this                   the requisite identification information              and amphibians, including the
                                                    finding can be found as an appendix at                  for the petitioners, required at 50 CFR               reticulate collared lizard, be listed
                                                    http://www.regulations.gov under                        424.14(a). In an August 17, 2015, letter              under the Act as threatened or
                                                    Docket No. FWS–R2–ES–2016–0036                          to the petitioners, we responded that we              endangered species and critical habitat


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                                                                          Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules                                           14069

                                                    be designated under the Act. The                        warranted, based on Factors A, C, D,                  information on the five listing factors
                                                    petition clearly identified itself as such              and E. However, during our status                     under section 4(a)(1) and any other
                                                    and included the requisite identification               review, we will thoroughly evaluate all               factors identified in this finding (see
                                                    information for the petitioner, required                potential threats to the species,                     Request for Information for Status
                                                    at 50 CFR 424.14(a). This finding                       including the extent to which any                     Reviews, above).
                                                    addresses the petition.                                 protections or other conservation efforts
                                                                                                            have reduced those threats. Thus, for                 Evaluation of a Petition To List the
                                                    Finding                                                                                                       South Mountain Gray-Cheeked
                                                                                                            this species, the Service requests any
                                                       Based on our review of the petition                  information relevant to whether the                   Salamander as an Endangered or
                                                    and sources cited in the petition, we                   species falls within the definition of                Threatened Species Under the Act
                                                    find that the petition does not present                 either an endangered species under
                                                    substantial scientific or commercial                    section 3(6) of the Act or a threatened                 Additional information regarding our
                                                    information indicating that the                         species under section 3(20), including                review of this petition can be found as
                                                    petitioned action may be warranted for                  information on the five listing factors               an appendix at http://
                                                    the reticulate collared lizard                          under section 4(a)(1) and any other                   www.regulations.gov under Docket No.
                                                    (Crotaphytus reticulatus). Because the                  factors identified in this finding (see               FWS–R4–ES–2015–0117 under the
                                                    petition does not present substantial                   Request for Information for Status                    Supporting Documents section.
                                                    information indicating that listing the                 Reviews, above).                                      Species and Range
                                                    reticulate collared lizard may be
                                                    warranted, we are not initiating a status               Evaluation of a Petition To List the Rio
                                                                                                            Grande Sucker as an Endangered or                       South Mountain gray-cheeked
                                                    review of this species in response to this                                                                    salamander (Plethodon meridianus):
                                                    petition. The basis and scientific                      Threatened Species Under the Act
                                                                                                                                                                  North Carolina.
                                                    support for this finding can be found as                  Additional information regarding our
                                                    an appendix at http://                                  review of this petition can be found as               Petition History
                                                    www.regulations.gov under Docket No.                    an appendix at http://
                                                    FWS–R2–ES–2015–0109 under the                           www.regulations.gov under Docket No.                     On July 11, 2012, we received a
                                                    Supporting Documents section.                           FWS–R2–ES–2016–0020 under the                         petition dated July 11, 2012, from CBD
                                                    However, we ask that the public submit                  Supporting Documents section.                         requesting that 53 species of reptiles
                                                    to us any new information that becomes                                                                        and amphibians, including the South
                                                                                                            Species and Range                                     Mountain gray-cheeked salamander, be
                                                    available concerning the status of, or
                                                    threats to, this species or its habitat at                Rio Grande sucker (Catostomus                       listed under the Act as endangered or
                                                    any time (see Table 3 in SUPPLEMENTARY                  plebeius): Colorado, New Mexico;                      threatened and that critical habitat be
                                                    INFORMATION).                                           Mexico.                                               designated under the Act. The petition
                                                                                                            Petition History                                      clearly identified itself as such and
                                                    Evaluation of a Petition To List the Rio
                                                                                                                                                                  included the requisite identification
                                                    Grande Chub as an Endangered or                           On October 3, 2014, we received a
                                                                                                                                                                  information for the petitioner, required
                                                    Threatened Species Under the Act                        petition dated September 29, 2014, from
                                                                                                                                                                  at 50 CFR 424.14(a). This finding
                                                      Additional information regarding our                  WildEarth Guardians requesting that Rio
                                                                                                                                                                  addresses the South Mountain gray-
                                                    review of this petition can be found as                 Grande sucker (also known as the Rio
                                                                                                            Grande mountain-sucker, or matelote                   cheeked salamander.
                                                    an appendix at http://
                                                    www.regulations.gov under Docket No.                    del bravo) be listed as threatened or                 Finding
                                                    FWS–R2–ES–2016–0019 under the                           endangered and critical habitat be
                                                    Supporting Documents section.                           designated for this species under the                    Based on our review of the petition
                                                                                                            Act. The petition clearly identified itself           and sources cited in the petition, we
                                                    Species and Range                                       as such and included the requisite                    find that the petition does not present
                                                      Rio Grande chub (Gila pandora): New                   identification information for the                    substantial scientific or commercial
                                                    Mexico, Texas.                                          petitioner, required at 50 CFR 424.14(a).             information indicating that the
                                                                                                            This finding addresses the petition.                  petitioned action may be warranted for
                                                    Petition History
                                                                                                            Finding                                               the South Mountain gray-cheeked
                                                       On September 30, 2013, we received                                                                         salamander (Plethodon meridianus).
                                                    a petition dated September 27, 2013,                       Based on our review of the petition                Because the petition does not present
                                                    from Wild Earth Guardians requesting                    and sources cited in the petition, we                 substantial information indicating that
                                                    that the Rio Grande chub be listed as                   find that the petition presents
                                                                                                                                                                  listing the South Mountain gray-
                                                    threatened or endangered and critical                   substantial scientific or commercial
                                                                                                                                                                  cheeked salamander may be warranted,
                                                    habitat be designated for this species                  information indicating that listing the
                                                                                                            Rio Grande sucker (Catostomus                         we are not initiating a status review of
                                                    under the Act. The petition clearly                                                                           this species in response to this petition.
                                                    identified itself as such and included                  plebeius) may be warranted, based on
                                                                                                            Factors A, C, D, and E. However, during               The basis and scientific support for this
                                                    the requisite identification information
                                                                                                            our status review, we will thoroughly                 finding can be found as an appendix at
                                                    for the petitioner, required at 50 CFR
                                                    424.14(a). This finding addresses the                   evaluate all potential threats to the                 http://www.regulations.gov under
                                                                                                            species, including the extent to which                Docket No. FWS–R4–ES–2015–0117
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                                                    petition.
                                                                                                            any protections or other conservation                 under the Supporting Documents
                                                    Finding                                                 efforts have reduced those threats. Thus,             section. However, we ask that the public
                                                       Based on our review of the petition                  for this species, the Service requests any            submit to us any new information that
                                                    and sources cited in the petition, we                   information relevant to whether the                   becomes available concerning the status
                                                    find that the petition presents                         species falls within the definition of                of, or threats to, this species or its
                                                    substantial scientific or commercial                    either ‘‘endangered species’’ under                   habitat at any time (see Table 3 in
                                                    information indicating that listing the                 section 3(6) of the Act or ‘‘threatened               SUPPLEMENTARY INFORMATION).
                                                    Rio Grande chub (Gila pandora) may be                   species’’ under section 3(20), including


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                                                    14070                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    Evaluation of a Petition To List the                    www.regulations.gov under Docket No.                  FWS–HQ–ES–2016–0021 under the
                                                    Southern Dusky Salamander as an                         FWS–R2–ES–2016–0039 under the                         Supporting Documents section.
                                                    Endangered or Threatened Species                        Supporting Documents section.
                                                                                                                                                                  Species and Range
                                                    Under the Act
                                                                                                            Species and Range                                       Sunda pangolin (Manis javanica):
                                                      Additional information regarding our
                                                                                                              Southwestern willow flycatcher                      Brunei Darussalam; Cambodia;
                                                    review of this petition can be found as
                                                                                                            (Empidonax traillii extimus): California,             Indonesia; Lao People’s Democratic
                                                    an appendix at http://
                                                                                                            Arizona, New Mexico, Colorado, Utah,                  Republic; Malaysia; Myanmar;
                                                    www.regulations.gov under Docket No.
                                                                                                            and Nevada, Texas; winters in Central                 Singapore; Thailand; Viet Nam.
                                                    FWS–R4–ES–2016–0038 under the
                                                    Supporting Documents section.                           and South America.                                    Petitions History
                                                    Species and Range                                       Petition History                                         On July 15, 2015, we electronically
                                                                                                               On August, 20, 2015, we received a                 received a petition from BFUSA, CBD,
                                                      Southern dusky salamander
                                                                                                            petition dated August 19, 2015, from                  HSI, HSUS, and IFAW requesting that
                                                    (Desmognathus auriculatus): Alabama,
                                                                                                            The Pacific Legal Foundation                          we list seven species of pangolin
                                                    Florida, Georgia, Louisiana, Mississippi,
                                                                                                            (representing The Center for                          (Chinese pangolin (Manis pentadactyla),
                                                    North Carolina, South Carolina, Texas,
                                                                                                            Environmental Science, Accuracy, and                  Sunda pangolin (M. javanica),
                                                    Virginia.
                                                                                                            Reliability; Building Industry Legal                  Philippine pangolin (M. culionensis),
                                                    Petition History                                        Defense Fund; California Building                     Indian pangolin (M. crassicaudata), tree
                                                      On April 2, 2015, we received a                       Industry Association; California                      pangolin (M. tricuspis), giant ground
                                                    petition from the Coastal Plains Institute              Cattlemen’s Association; New Mexico                   pangolin (M. gigantean), and the long-
                                                    and Land Conservancy requesting that                    Business Coalition, New Mexico Cattle                 tailed pangolin (M. tetradactyla)) as
                                                    southern dusky salamander be listed as                  Growers Association; New Mexico Farm                  endangered species under the Act. The
                                                    threatened under the Act. The petition                  and Livestock Bureau; and New Mexico                  petition clearly identified itself as such
                                                    clearly identified itself as such and                   Wool Growers Inc.), requesting that the               and included the requisite identification
                                                    included the requisite identification                   southwestern willow flycatcher                        information for the petitioner, required
                                                    information required at 50 CFR                          (Empidonax traillii extimus) be delisted              at 50 CFR 424.14(a). In an August 17,
                                                    424.14(a); however, it did not contain                  due to error in information under the                 2015, letter to the petitioner, we
                                                    copies of supporting documents. We                      Act. The petition clearly identified itself           responded that we had reviewed the
                                                    acknowledged receipt of the petition via                as such and included the requisite                    information presented in the petition
                                                    email on April 22, 2015. Additional                     identification information for the                    and did not find that the petition
                                                    materials were received on June 10,                     petitioner, required at 50 CFR 424.14(a).             warranted an emergency listing under
                                                    2015. This finding addresses the                        This finding addresses the petition.                  section 4(b)(7) of the Act.
                                                    petition.                                                                                                        On July 15, 2015, we electronically
                                                                                                            Finding                                               received a second petition from CBD,
                                                    Finding                                                    Based on our review of the petition                IFAW, HSI, HSUS, and BFUSA
                                                       Based on our review of the petition                  and sources cited in the petition, we                 requesting that the Service list the same
                                                    and sources cited in the petition, we                   find that the petition presents                       seven species of pangolin (Chinese
                                                    find that the petition does not present                 substantial scientific or commercial                  pangolin (Manis pentadactyla), Sunda
                                                    substantial scientific or commercial                    information indicating that the                       pangolin (M. javanica), Philippine
                                                    information indicating that the                         petitioned action (delisting) may be                  pangolin (M. culionensis), Indian
                                                    petitioned action may be warranted for                  warranted for the Southwestern willow                 pangolin (M. crassicaudata), tree
                                                    the Southern dusky salamander                           flycatcher (Empidonax traillii extimus),              pangolin (M. tricuspis), giant ground
                                                    (Desmognathus auriculatus). Because                     based on information related to                       pangolin (M. gigantean), and the long-
                                                    the petition does not present substantial               taxonomic status. However, during our                 tailed pangolin (M. tetradactyla)) as an
                                                    information indicating that listing the                 status review, we will thoroughly                     endangered species under the similarity
                                                    Southern dusky salamander may be                        evaluate all potential threats to the                 of appearance provisions of the Act
                                                    warranted, we are not initiating a status               species, including the extent to which                (section 4(e)), based upon the
                                                    review of this species in response to this              any protections or other conservation                 petitioners’ claim of the species’
                                                    petition. The basis and scientific                      efforts have reduced those threats. Thus,             similarity of appearance to the currently
                                                    support for this finding can be found as                for this species, the Service requests any            listed Temminck’s ground pangolin
                                                    an appendix at http://                                  information relevant to whether the                   (Manis temminckii). The petition clearly
                                                    www.regulations.gov under Docket No.                    species falls within the definition of                identified itself as such and included
                                                    FWS–R4–ES–2016–0038 under the                           either an endangered species under                    the requisite identification information
                                                    Supporting Documents section.                           section 3(6) of the Act or a threatened               for the petitioner, required at 50 CFR
                                                    However, we ask that the public submit                  species under section 3(20), including                424.14(a). In an August 17, 2015, letter
                                                    to us any new information that becomes                  information on the five listing factors               to the petitioner, we responded that we
                                                    available concerning the status of, or                  under section 4(a)(1) and any other                   had reviewed the information presented
                                                    threats to, this species or its habitat at              factors identified in this finding (see               in the petition and did not find that the
                                                    any time (see Table 3 in SUPPLEMENTARY                  Request for Information for Status                    petition warranted an emergency listing
                                                                                                                                                                  under section 4(b)(7) of the Act.
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                                                    INFORMATION).                                           Reviews, above).
                                                                                                                                                                     As both petitions address the seven
                                                    Evaluation of a Petition To Remove the                  Evaluation of Two Petitions To List the               unlisted species of pangolin, we are
                                                    Southwestern Willow Flycatcher From                     Sunda Pangolin Under the Endangered                   combining the petitioned actions (listing
                                                    the List of Endangered and Threatened                   Species Act                                           each species as either threatened or
                                                    Wildlife                                                  Additional information regarding our                endangered either based on the five
                                                      Additional information regarding our                  review of these petitions can be found                factors under section 4(a)(1) of the Act
                                                    review of this petition can be found as                 as an appendix at http://                             or due to a similarity of appearance
                                                    an appendix at http://                                  www.regulations.gov under Docket No.                  under section 4(e) of the Act) into a


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                                                                          Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules                                           14071

                                                    single 90-day finding for each species.                 petition clearly identified itself as such            information relevant to whether the
                                                    The requested action for listing based on               and included the requisite identification             species falls within the definition of
                                                    similarity of appearance (section 4(e))                 information for the petitioner, required              either an endangered species under
                                                    will be considered under Factor E of                    at 50 CFR 424.14(a). In an August 17,                 section 3(6) of the Act or a threatened
                                                    each finding.                                           2015, letter to the petitioner, we                    species under section 3(20), including
                                                      This finding addresses the Sunda                      responded that we had reviewed the                    information on the five listing factors
                                                    pangolin (Manis javanica).                              information presented in the petition                 under section 4(a)(1) and any other
                                                                                                            and did not find that the petition                    factors identified in this finding (see
                                                    Finding
                                                                                                            warranted an emergency listing under                  Request for Information for Status
                                                       Based on our review of the petition                  section 4(b)(7) of the Act.                           Reviews, above).
                                                    and sources cited in the petition, we                      On July 15, 2015, we electronically
                                                    find that the petition presents                         received a second petition from CBD,                  Evaluation of a Petition To List the
                                                    substantial scientific or commercial                    IFAW, HSI, HSUS, and BFUSA                            Western Bumble Bee as an Endangered
                                                    information indicating that listing the                 requesting that the Service list the same             or Threatened Species Under the Act
                                                    Sunda pangolin (Manis javanica) may                     seven species of pangolin (Chinese                      Additional information regarding our
                                                    be warranted based on Factors A, B, D,                  pangolin (Manis pentadactyla), Sunda                  review of this petition can be found as
                                                    and E. However, during our status                       pangolin (M. javanica), Philippine                    an appendix at http://
                                                    review, we will thoroughly evaluate all                 pangolin (M. culionensis), Indian                     www.regulations.gov under Docket No.
                                                    potential threats to the species,                       pangolin (M. crassicaudata), tree                     FWS–R6–ES–2016–0023 under the
                                                    including the extent to which any                       pangolin (M. tricuspis), giant ground                 Supporting Documents section.
                                                    protections or other conservation efforts               pangolin (M. gigantean), and the long-
                                                    have reduced those threats. Thus, for                   tailed pangolin (M. tetradactyla)) as an              Species and Range
                                                    this species, the Service requests any                  endangered species under the similarity                 Western bumble bee (Bombus
                                                    information relevant to whether the                     of appearance provisions of the Act                   occidentalis): Alaska, Arizona,
                                                    species falls within the definition of                  (section 4(e)), based upon the                        California, Colorado, Idaho, Montana,
                                                    either an endangered species under                      petitioners’ claim of the species’                    Nebraska, New Mexico, North Dakota,
                                                    section 3(6) of the Act or a threatened                 similarity of appearance to the currently             Oregon, South Dakota, Washington,
                                                    species under section 3(20), including                  listed Temminck’s ground pangolin                     Wyoming, Utah; Canada: Alberta,
                                                    information on the five listing factors                 (Manis temminckii). The petition clearly              British Columbia, Saskatchewan, Yukon
                                                    under section 4(a)(1) and any other                     identified itself as such and included
                                                                                                                                                                  Territory.
                                                    factors identified in this finding (see                 the requisite identification information
                                                    Request for Information for Status                      for the petitioner, required at 50 CFR                Petition History
                                                    Reviews, above).                                        424.14(a). In an August 17, 2015, letter
                                                                                                                                                                     On September 21, 2015, we received
                                                                                                            to the petitioner, we responded that we
                                                    Evaluation of Two Petitions To List the                 had reviewed the information presented                a petition dated September 15, 2015,
                                                    Tree Pangolin Under the Endangered                      in the petition and did not find that the             from Defenders of Wildlife requesting
                                                    Species Act                                             petition warranted an emergency listing               that the western bumble bee be listed as
                                                      Additional information regarding our                  under section 4(b)(7) of the Act.                     threatened or endangered and critical
                                                    review of these petitions can be found                     As both petitions address the seven                habitat be designated for this species
                                                    as an appendix at http://                               unlisted species of pangolin, we are                  under the Act. The petition clearly
                                                    www.regulations.gov under Docket No.                    combining the petitioned actions (listing             identified itself as such and included
                                                    FWS–HQ–ES–2016–0022 under the                           each species as either threatened or                  the requisite identification information
                                                    Supporting Documents section.                           endangered either based on the five                   for the petitioner, required at 50 CFR
                                                                                                            factors under section 4(a)(1) of the Act              424.14(a). This finding addresses the
                                                    Species and Range                                       or due to a similarity of appearance                  petition.
                                                      Tree pangolin (Manis tricuspis):                      under section 4(e) of the Act) into a                 Finding
                                                    Angola (Angola); Benin; Cameroon;                       single 90-day finding for each species.
                                                    Central African Republic; Congo; Congo,                 The requested action for listing based on                Based on our review of the petition
                                                    The Democratic Republic of the; Côte                   similarity of appearance (section 4(e))               and sources cited in the petition, we
                                                    d’Ivoire; Equatorial Guinea (Bioko,                     will be considered under Factor E of                  find that the petition presents
                                                    Equatorial Guinea (mainland)); Gabon;                   each finding.                                         substantial scientific or commercial
                                                    Ghana; Guinea; Guinea-Bissau; Kenya;                       This finding addresses the tree                    information indicating that listing the
                                                    Liberia; Nigeria; Rwanda; Sierra Leone;                 pangolin (Manis tricuspis).                           western bumble bee (Bombus
                                                    South Sudan; Tanzania, United                                                                                 occidentalis) may be warranted, based
                                                                                                            Finding                                               on Factors C, D, and E. However, during
                                                    Republic of; Togo; Uganda; Zambia.
                                                                                                               Based on our review of the petition                our status review, we will thoroughly
                                                    Petitions History                                       and sources cited in the petition, we                 evaluate all potential threats to the
                                                       On July 15, 2015, we electronically                  find that the petition presents                       species, including the extent to which
                                                    received a petition from BFUSA, CBD,                    substantial scientific or commercial                  any protections or other conservation
                                                    HSI, HSUS, and IFAW requesting that                     information indicating that listing the               efforts have reduced those threats. Thus,
                                                    we list seven species of pangolin                       tree pangolin (Manis tricuspis) may be                for the western bumble bee, the Service
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                                                    (Chinese pangolin (Manis pentadactyla),                 warranted based on Factors A, B, D, and               requests any information relevant to
                                                    Sunda pangolin (M. javanica),                           E. However, during our status review,                 whether the species falls within the
                                                    Philippine pangolin (M. culionensis),                   we will thoroughly evaluate all                       definition of either an endangered
                                                    Indian pangolin (M. crassicaudata), tree                potential threats to the species,                     species under section 3(6) of the Act or
                                                    pangolin (M. tricuspis), giant ground                   including the extent to which any                     a threatened species under section
                                                    pangolin (M. gigantean), and the long-                  protections or other conservation efforts             3(20), including information on the five
                                                    tailed pangolin (M. tetradactyla)) as                   have reduced those threats. Thus, for                 listing factors under section 4(a)(1) and
                                                    endangered species under the Act. The                   this species, the Service requests any                any other factors identified in this


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                                                    14072                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    finding (see Request for Information for                Conclusion                                            References Cited
                                                    Status Reviews, above).                                    On the basis of our evaluation of the                 A complete list of references cited is
                                                    Evaluation of a Petition To List the                    information presented in the petitions                available on the Internet at http://
                                                    Yellow-Banded Bumble Bee as an                          under section 4(b)(3)(A) of the Act, we               www.regulations.gov and upon request
                                                    Endangered or Threatened Species                        have determined that the petitions                    from the appropriate lead field offices
                                                    Under the Act                                           summarized above for the acuna cacus,                 (contact the person listed under Table 3
                                                                                                            Arizona night lizard, Arizona wetsalts                in SUPPLEMENTARY INFORMATION).
                                                      Additional information regarding our
                                                                                                            tiger beetle, Bezy’s night lizard, Cheoah             Authors
                                                    review of this petition can be found as
                                                                                                            Bald salamander, Cow Knob
                                                    an appendix at http://                                                                                          The primary authors of this notice are
                                                                                                            salamander, MacDougal’s yellowtops,
                                                    www.regulations.gov under Docket No.                                                                          staff members of the Ecological Services
                                                                                                            Monito skink, Navasota ladies-tresses,
                                                    FWS–R5–ES–2016–0024 under the                                                                                 Program, U.S. Fish and Wildlife Service.
                                                                                                            Patagonia eyed silkmoth, reticulate
                                                    Supporting Documents section.
                                                                                                            collared lizard, South Mountain gray-                 Authority
                                                    Species and Range                                       cheeked salamander, and southern
                                                                                                                                                                    The authority for these actions is the
                                                       Yellow-banded bumble bee (Bombus                     dusky salamander do not present
                                                                                                                                                                  Endangered Species Act of 1973, as
                                                    terricola): Connecticut, Kentucky,                      substantial scientific or commercial
                                                                                                                                                                  amended (16 U.S.C. 1531 et seq.).
                                                    Illinois, Maine, Maryland,                              information indicating that the
                                                                                                            requested actions may be warranted.                     Dated: February 24, 2016.
                                                    Massachusetts, Michigan, Minnesota,
                                                                                                            Therefore, we are not initiating status               Stephen Guertin,
                                                    Montana, New Hampshire, New Jersey,
                                                    New York, North Carolina, North                         reviews for these species.                            Acting Director, U.S. Fish and Wildlife
                                                                                                               The petitions summarized above for                 Service.
                                                    Dakota, Ohio, Pennsylvania, Rhode
                                                    Island, South Dakota, Tennessee,                        the African elephant, American burying                [FR Doc. 2016–05699 Filed 3–15–16; 8:45 am]
                                                    Vermont, Virginia, West Virginia,                       beetle, Chinese pangolin, deseret                     BILLING CODE 4333–15–P

                                                    Wisconsin; Canada: Alberta, British                     milkvetch, giant ground pangolin,
                                                    Columbia, Manitoba, Newfoundland,                       Indian pangolin, Leoncita false-
                                                    Nova Scotia, Ontario, Quebec,                           foxglove, long-tailed pangolin,                       DEPARTMENT OF COMMERCE
                                                    Saskatchewan.                                           Philippine pangolin, Rio Grande chub,
                                                                                                            Rio Grande sucker, Sunda pangolin, tree               National Oceanic and Atmospheric
                                                    Petition History                                        pangolin, southwestern willow                         Administration
                                                       On September 15, 2015, we received                   flycatcher, western bumble bee, and
                                                    a petition dated September 15, 2015,                    yellow-banded bumble bee present                      50 CFR Part 648
                                                    from Defenders of Wildlife requesting                   substantial scientific or commercial                  [Docket No. 150902808–6155–01]
                                                    that the yellow-banded bumble bee                       information indicating that the
                                                    (Bombus terricola) be listed as                         requested actions may be warranted.                   RIN 0648–BF04
                                                    threatened or endangered and critical                      Because we have found that these
                                                                                                            petitions present substantial                         Fisheries of the Northeastern United
                                                    habitat be designated for this species                                                                        States; Amendment 17 to the Atlantic
                                                    under the Act. The petition clearly                     information indicating that the
                                                                                                            petitioned actions may be warranted, we               Surfclam and Ocean Quahog Fishery
                                                    identified itself as such and included                                                                        Management Plan
                                                    the requisite identification information                are initiating status reviews to
                                                    for the petitioner, required at 50 CFR                  determine whether these actions under                 AGENCY:  National Marine Fisheries
                                                    424.14(a). This finding addresses the                   the Act are warranted. At the conclusion              Service (NMFS), National Oceanic and
                                                    petition.                                               of each status review, we will issue a                Atmospheric Administration (NOAA),
                                                                                                            finding, in accordance with section                   Commerce.
                                                    Finding                                                 4(b)(3)(B) of the Act, as to whether or               ACTION: Proposed rule; request for
                                                       Based on our review of the petition                  not the Service finds that the petitioned             comments.
                                                    and sources cited in the petition, we                   action is warranted.
                                                    find that the petition presents                            It is important to note that the                   SUMMARY:   NMFS proposes regulations to
                                                    substantial scientific or commercial                    standard for a 90-day finding differs                 implement Amendment 17 to the
                                                    information indicating that listing the                 from the Act’s standard that applies to               Atlantic Surfclam and Ocean Quahog
                                                    yellow-banded bumble bee (Bombus                        a status review to determine whether a                Fishery Management Plan. Amendment
                                                    terricola) may be warranted, based on                   petitioned action is warranted. In                    17 management measures were
                                                    Factors A, C, D, and E. However, during                 making a 90-day finding, we consider                  developed by the Mid-Atlantic Fishery
                                                    our status review, we will thoroughly                   only the information in the petition and              Management Council to: Add cost
                                                    evaluate all potential threats to the                   in our files, and we evaluate merely                  recovery provisions for the Individual
                                                    species, including the extent to which                  whether that information constitutes                  Transferable Quota component of the
                                                    any protections or other conservation                   ‘‘substantial information’’ indicating                fishery; modify how biological reference
                                                    efforts have reduced those threats. Thus,               that the petitioned action ‘‘may be                   points are incorporated into the fishery
                                                    for this species, the Service requests any              warranted.’’ In a 12-month finding, we                management plan; and remove the
                                                    information relevant to whether the                     must complete a thorough status review                plan’s optimum yield range. These
                                                    species falls within the definition of                  of the species and evaluate the ‘‘best                changes are intended to make the
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    either an endangered species under                      scientific and commercial data                        management plan consistent with
                                                    section 3(6) of the Act or a threatened                 available’’ to determine whether a                    requirements of the Magnuson-Stevens
                                                    species under section 3(20), including                  petitioned action ‘‘is warranted.’’                   Act, and to improve the management of
                                                    information on the five listing factors                 Because the Act’s standards for 90-day                these fisheries.
                                                    under section 4(a)(1) and any other                     and 12-month findings are different, a                DATES: Comments must be received on
                                                    factors identified in this finding (see                 substantial 90-day finding does not                   or before April 15, 2016.
                                                    Request for Information for Status                      mean that the 12-month finding will                   ADDRESSES: You may submit comments
                                                    Reviews, above).                                        result in a ‘‘warranted’’ finding.                    on this document, identified by NOAA–


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Document Created: 2016-03-15 23:44:42
Document Modified: 2016-03-15 23:44:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of petition findings and initiation of status reviews.
DatesWhen we conduct status reviews, we will consider all information that we have received. To ensure that we will have adequate time to consider submitted information during the status reviews, we request that we receive information no later than May 16, 2016. For information submitted electronically using the Federal eRulemaking Portal (see
ContactSee Table 3 in SUPPLEMENTARY INFORMATION for specific people to contact for each species.
FR Citation81 FR 14058 

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