81_FR_2239 81 FR 2229 - Draft Methodology for Prioritizing Status Reviews and Accompanying 12-Month Findings on Petitions for Listing Under the Endangered Species Act

81 FR 2229 - Draft Methodology for Prioritizing Status Reviews and Accompanying 12-Month Findings on Petitions for Listing Under the Endangered Species Act

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 10 (January 15, 2016)

Page Range2229-2232
FR Document2016-00616

We, the U.S. Fish and Wildlife Service (Service), announce a draft methodology for prioritizing status reviews and accompanying 12- month findings on petitions for listing species under the Endangered Species Act. This draft methodology is intended to allow us to address outstanding workload strategically as our resources allow and to provide transparency to our partners and other stakeholders as to how we establish priorities within our upcoming workload.

Federal Register, Volume 81 Issue 10 (Friday, January 15, 2016)
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Pages 2229-2232]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00616]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-HQ-ES-2015-0169; 4500030113]


Draft Methodology for Prioritizing Status Reviews and 
Accompanying 12-Month Findings on Petitions for Listing Under the 
Endangered Species Act

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
draft methodology for prioritizing status reviews and accompanying 12-
month findings on petitions for listing species under the Endangered 
Species Act. This draft methodology is intended to allow us to address 
outstanding workload strategically as our resources allow and to 
provide transparency to our partners and other stakeholders as to how 
we establish priorities within our upcoming workload.

DATES: We will accept comments from all interested parties until 
February 16, 2016. Please note that if you are using the Federal 
eRulemaking Portal (see ADDRESSES section, below), the deadline for 
submitting an electronic comment is 11:59 p.m. Eastern Time on this 
date.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. In 
the Search box, enter the FWS-HQ-ES-2015-0169, which is the docket 
number for this draft policy. Then click on the Search button. You may 
enter a comment by clicking on ``Comment Now!'' Please ensure that you 
have found the correct document before submitting your comment.
     U.S. mail or hand delivery: Public Comments Processing, 
Attn: Docket No. FWS-HQ-ES-2015-0169, U.S. Fish and Wildlife Service, 
MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Request for Information section, below, for more 
information).

FOR FURTHER INFORMATION CONTACT: Douglas Krofta, U.S. Fish and Wildlife 
Service, Division of Conservation and Classification, MS: ES, 5275 
Leesburg Pike, Falls Church, VA 22041-3803; telephone 703/358-2171; 
facsimile 703/358-1735. If you use a telecommunications device for the 
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.

[[Page 2230]]


SUPPLEMENTARY INFORMATION:

Background

    Under the Endangered Species Act, as amended (Act; 16 U.S.C. 1531 
et seq.), the public can petition the Service to list, delist, or 
reclassify a species as an endangered species or a threatened species. 
The Act sets forth specific timeframes in which to complete initial 
findings on petitions: The Service has, to the maximum extent 
practicable, 90 days from receiving a petition to make a finding on 
whether the petition presents substantial information indicating that 
the petitioned action may be warranted; and subsequently 12 months from 
receiving a petition for which the Service has made a positive initial 
finding to make a finding on whether the petitioned action is 
warranted. However, these statutory deadlines have often proven not to 
be achievable given the workload in the listing program and the 
available resources.
    Recently, as a result of petitions to list a large number of 
species under the Act, our workload includes more than 500 unresolved 
status reviews and accompanying 12-month findings on those petitions to 
complete. At the same time, our resources to complete these findings 
are limited. Over the last several years, we have streamlined, and 
continue to find efficiencies in, our procedures for evaluating 
petitions and conducting listing actions, but these efforts are not 
sufficient to keep up with the demands of our workload. This draft 
methodology is intended to allow us to address the outstanding workload 
of status reviews and accompanying 12-month findings strategically as 
our resources allow and to provide transparency to our partners and 
other stakeholders as to how we establish priorities within our 
upcoming workload.
    To balance and manage this existing and anticipated future status 
review and accompanying 12-month finding workload in the most efficient 
manner, we have developed a draft methodology to help us use our 
resources wisely by working on the highest-priority status reviews and 
accompanying 12-month petition findings first. The draft methodology 
consists of identifying five prioritization categories for these 
actions, determining where (into which category) each action belongs, 
and using that information to establish the order in which we plan to 
complete status reviews and accompanying 12-month findings on petitions 
to list species under the Act. This prioritization of petition findings 
will inform a multi-year National Listing Workplan for completing all 
types of actions in the listing program workload--including not only 
status reviews and accompanying 12-month findings, but also status 
reviews initiated by the Service, proposed and final listing 
determinations, and proposed and final critical habitat designations. 
We intend to make the National Listing Workplan publically available on 
our Web site (www.fws.gov/endangered/) and periodically update it as 
circumstances warrant. This draft methodology for prioritizing 
petitions to list species does not apply to actions to downlist a 
species from an endangered species to a threatened species or to delist 
a species. Further, this methodology does not replace our 1983 
Endangered and Threatened Species Listing and Recovery Priority 
Guidelines (September 21, 1983; 48 FR 43098), which applies to species 
that have already been determined to warrant a listing proposal; 
rather, it complements it and can be used in conjunction with it. As 
with the 1983 guidelines, this draft methodology must be viewed as a 
guide and should not be looked upon as an inflexible framework for 
determining resource allocations (See 48 FR 43098). It is not intended 
to be binding. The draft methodology to be used in prioritizing actions 
and identified herein incorporates numerous objectives--including 
acting on the species that are most in need of, and that would most 
benefit from, listing under the Act first, and maximizing the 
efficiency of the listing program.
    We plan to evaluate unresolved status reviews and accompanying 12-
month findings for upcoming listing actions and prioritize them using 
the prioritization categories and additional considerations identified 
in this draft methodology to assign each action to one of five priority 
categories, or ``bins,'' as described below. In prioritizing status 
reviews and accompanying 12-month findings, we will consider 
information from the 90-day finding, any petitions, and any other 
information in our files. We recognize that we may not always have in 
our files the information necessary to assign an action to the correct 
bin, so we plan to also work with State fish and wildlife agencies, 
Native American Tribes, and other appropriate conservation partners who 
have management responsibility for these species or relevant scientific 
data to obtain the information necessary to allow us to accurately 
prioritize specific actions.
    This priority system will assist us in compiling outstanding 
workload into a multi-year National Listing Workplan designed to 
address the species with the highest need first. It is our intention 
that the National Listing Workplan balance addressing the large backlog 
of status reviews and accompanying 12-month findings with making 
progress on other listing actions, such as making final listing 
determinations for candidate species and designating critical habitat. 
While this draft methodology was developed primarily to prioritize the 
outstanding status reviews and accompanying 12-month petition findings, 
the considerations raised in our prioritization categories may also be 
useful in prioritizing other actions in the listing program as we 
develop the National Listing Workplan each year. Prior to the start of 
each fiscal year, we will update the National Listing Workplan as new 
information is obtained. We will share the National Listing Workplan 
with other Federal agencies, State fish and wildlife agencies, Native 
American Tribes, and other stakeholders and the public at large through 
posting on our Web site (www.fws.gov/endangered/).

Priority Bins

    Below we describe the categories we have identified for 
prioritizing listing actions and the information that factors into 
placing specific actions into the appropriate priority bin. Note that 
an action need not meet every facet of a particular bin in order to be 
placed in that bin. If an action meets the conditions for more than one 
bin, the Service will seek to prioritize that action by taking into 
consideration any case-specific information relevant to determining 
what prioritization would, overall, best advance the objectives of this 
draft methodology--including protecting the species that are most in 
need of, and that would benefit most from, listing under the Act first, 
and maximizing the efficiency of the listing program.
    (1) Highest Priority--Critically Imperiled: Highest priority will 
be given to a species experiencing severe threat levels across a 
majority of its range, resulting in severe population-level impacts. 
Species that are critically imperiled and need immediate listing action 
in order to prevent extinction will be given highest priority.
    (2) Strong Data Already Available on Status: Species for which we 
currently have strong information concerning the species' status will 
receive next highest priority. We acknowledge that the Act requires 
that we base our decisions on the best available information at the 
time we make a determination, and we will continue to adhere to that 
requirement. Our experience implementing the Act has shown us that

[[Page 2231]]

high-quality scientific information leads to stronger, more defensible 
decisions that have increased longevity. Therefore, we will generally 
place species for which we have particularly strong scientific data 
supporting a clear decision on status--either a decision that the 
species warrants listing or does not warrant listing--at a higher 
priority than species in Bins 3, 4, and 5, discussed below.
    (3) New Science Underway to Inform Key Uncertainties: As stated 
previously, a higher quality of scientific information leads to better 
decision-making, which focuses our resources on providing protections 
associated with endangered and threatened species listing on species 
most in need. Scientific uncertainty regarding a species' status is 
often encountered in listing decisions. For circumstances when that 
uncertainty can be resolved within a reasonable timeframe because 
emerging science (e.g., taxonomy, genetics, threats) is underway to 
answer key questions that may influence the listing determination, 
those species will be prioritized for action next after those with 
existing strong information bases. This bin is appropriate when the 
emerging science or study is already underway, or a report is expected 
soon, or the data exist, but they need to be compiled and analyzed. 
Placing a species in this bin does not put off working on the listing 
action; it just prioritizes work on species in Bins 1 and 2 for 
completion first. Moreover, species do not remain in this bin 
indefinitely; a species for which ongoing research is not expected to 
produce results in the near future would not be placed in this bin, and 
any species that is placed in this bin will be moved to another bin 
after the research results become available. With the new, emerging 
information, a more informed decision could be made (e.g., a species' 
status could be determined fairly readily through surveys or other 
research).
    (4) Conservation Opportunities in Development or Underway: Where 
efforts to conserve species are organized, underway, and likely to 
address the threats to the species, we will consider these species as 
our fourth highest priority. In order for a species to be appropriately 
placed in this bin, conservation agreements and commitments should be 
completed in time for consideration in the status review and 
accompanying 12-month finding and in an amount of time that provides 
landowners or other entities adequate opportunity to enroll prior to 
any listing decision. Placing a species in this bin does not put off 
working on the listing action; it just prioritizes work on species in 
Bins 1, 2, and 3 for completion first.
    (5) Limited Data Currently Available: Species for which we know 
almost nothing about its threats or status will be given fifth highest 
priority. If we do not have much information about a species without 
conducting research or further analysis, the species would be suitably 
placed in this bin. Placing a species in this bin does not put off 
working on the listing action; it just prioritizes work on species in 
Bins 1, 2, 3, and 4 for completion first.
    According to the standard under the Act, we need to make listing 
decisions based on the best available scientific and commercial data. 
Because the best available data for species in this bin may be very 
limited, even if the Service conducts further research, we will place a 
higher priority on work for those species for which we have more and 
better data already available.

Additional Considerations

    The following considerations will also be used to inform 
implementation of the prioritization process, development of the 
National Listing Workplan, and any necessary internal ranking within 
each bin (i.e., as tie-breakers within a bin):
     The level of complexity surrounding the status review and 
accompanying 12-month finding, such as the degree of controversy, 
biological complexity, or whether the status review and accompanying 
12-month finding covers multiple species or spans multiple regions of 
the Service.
     The extent to which the protections of the Act would be 
able to improve conditions for that species and its habitat or also 
provide benefits to many other species. For example, a species 
primarily under threat due to sea level rise from the effects of 
climate change is unlikely to have its condition much improved by the 
protections of the Act. By contrast, a species primarily under threat 
due to habitat destruction from grazing practices on public lands would 
more directly benefit from the protections of the Act.
     Whether there are opportunities to maximize efficiency by 
batching multiple species for the purpose of status reviews, petition 
findings, or listing determinations. For example, actions could be 
batched by taxon, by species with like threats, by similar geographic 
location, or other similar circumstances. Batching may result in lower-
priority actions that are tied to higher-priority actions being 
completed earlier than they would otherwise.
     Whether there are any special circumstances whereby an 
action should be bumped up (or down) in priority when internally 
ranking actions within a bin or developing the National Listing 
Workplan. One limitation that might result in divergence from priority 
order is when the current highest priorities are clustered in a 
geographic area, such that our scientific expertise at the field office 
level is fully occupied with their existing workload. We recognize that 
the geographic distribution of our scientific expertise will in some 
cases require us to balance workload across geographic areas.

Request for Information

    Section 4(h) of the ESA requires that, when the Secretary 
establishes guidelines to insure that the purposes of Section 4 are 
achieved efficiently and effectively, the Secretary provide to the 
public notice of, and opportunity to submit written comments on, those 
guidelines. In addition, we intend that a final methodology for 
prioritizing status reviews and accompanying 12-month findings for 
listing will consider information and recommendations from all 
interested parties. We therefore solicit comments, information, and 
recommendations from governmental agencies, Native American Tribes, the 
scientific community, industry groups, environmental interest groups, 
and any other interested parties. All comments and materials we receive 
by the date listed above in DATES will be considered prior to the 
adoption of a final methodology.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this 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.
    We seek comments and recommendations in particular on:
    (1) Whether this draft methodology sets out clearly defined 
conditions for the prioritization bins. If not, please provide detailed 
comments so that we can clarify our methodology.
    (2) Whether there may be other factors or considerations that 
should be incorporated into our methodology.
    (3) Whether our draft methodology makes logical sense and will 
result in an appropriate use of our limited resources.

Determinations Under Other Authorities

    As mentioned above, we intend to use this methodology to prioritize 
work on

[[Page 2232]]

status reviews and accompanying 12-month findings and to assist with 
prioritizing actions in order to develop the National Listing Workplan 
for each fiscal year. Below we make determinations provided for under 
several Executive Orders and statutes that may apply where a Federal 
action is not a binding rule or regulation.

National Environmental Policy Act (NEPA)

    We are analyzing this draft methodology in accordance with the 
criteria of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 
et seq.), the Department of the Interior regulations on Implementation 
of the National Environmental Policy Act (43 CFR 46.10-46.450), and the 
Department of the Interior Manual (516 DM 1-6 and 8). We invite the 
public to comment on the extent to which this draft methodology may 
have a significant impact on the human environment, or fall within one 
of the categorical exclusions for actions that have no individual or 
cumulative effect on the quality of the human environment. We will 
complete our analysis, in compliance with NEPA, before finalizing this 
methodology.

Paperwork Reduction Act of 1995

    This draft methodology does not contain any collections of 
information that require approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.). This draft methodology will not impose recordkeeping or 
reporting requirements on State or local governments, individuals, 
businesses, or organizations. We may not conduct or sponsor and you are 
not required to respond to a collection of information unless it 
displays a currently valid OMB control number.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175 ``Consultation and 
Coordination with Indian Tribal Governments,'' and the Department of 
the Interior Manual at 512 DM 2, and the Department of Commerce 
American Indian and Alaska Native Policy (March 30, 1995), we have 
considered possible effects on federally recognized Indian tribes and 
have preliminarily determined that there are no potential adverse 
effects of issuing this draft methodology. Our intent with this draft 
methodology is to provide transparency to Tribes and other stakeholders 
in the prioritization of our upcoming workload. We will continue to 
work with Tribes as we finalize this draft methodology and obtain the 
information necessary to accurately bin specific actions and develop 
our National Listing Workplan.

Authors

    The primary authors of this draft policy are the staff members of 
the Division of Conservation and Classification, U.S. Fish and Wildlife 
Service, 5275 Leesburg Pike, Falls Church, VA 22041.

Authority

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

    Dated: January 6, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-00616 Filed 1-14-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                            2229

                                                  Homeless Assistance Act (42 U.S.C.                      law, subject to screening for other                    DEPARTMENT OF THE INTERIOR
                                                  11411), as amended, HUD is publishing                   Federal use. At the appropriate time,
                                                  this Notice to identify Federal buildings               HUD will publish the property in a                     Fish and Wildlife Service
                                                  and other real property that HUD has                    Notice showing it as either suitable/                  [Docket No. FWS–HQ–ES–2015–0169;
                                                  reviewed for suitability for use to assist              available or suitable/unavailable.                     4500030113]
                                                  the homeless. The properties were
                                                                                                             For properties listed as suitable/
                                                  reviewed using information provided to                                                                         Draft Methodology for Prioritizing
                                                  HUD by Federal landholding agencies                     unavailable, the landholding agency has                Status Reviews and Accompanying 12-
                                                  regarding unutilized and underutilized                  decided that the property cannot be                    Month Findings on Petitions for Listing
                                                  buildings and real property controlled                  declared excess or made available for                  Under the Endangered Species Act
                                                  by such agencies or by GSA regarding                    use to assist the homeless, and the
                                                  its inventory of excess or surplus                      property will not be available.                        AGENCY:   Fish and Wildlife Service,
                                                  Federal property. This Notice is also                                                                          Interior.
                                                                                                             Properties listed as unsuitable will
                                                  published in order to comply with the                                                                          ACTION: Notice.
                                                                                                          not be made available for any other
                                                  December 12, 1988 Court Order in                        purpose for 20 days from the date of this              SUMMARY:    We, the U.S. Fish and
                                                  National Coalition for the Homeless v.                  Notice. Homeless assistance providers                  Wildlife Service (Service), announce a
                                                  Veterans Administration, No. 88–2503–                   interested in a review by HUD of the                   draft methodology for prioritizing status
                                                  OG (D.D.C.).                                            determination of unsuitability should                  reviews and accompanying 12-month
                                                     Properties reviewed are listed in this                                                                      findings on petitions for listing species
                                                                                                          call the toll free information line at 1–
                                                  Notice according to the following                                                                              under the Endangered Species Act. This
                                                  categories: Suitable/available, suitable/               800–927–7588 for detailed instructions
                                                                                                          or write a letter to Ann Marie Oliva at                draft methodology is intended to allow
                                                  unavailable, and suitable/to be excess,                                                                        us to address outstanding workload
                                                  and unsuitable. The properties listed in                the address listed at the beginning of
                                                                                                          this Notice. Included in the request for               strategically as our resources allow and
                                                  the three suitable categories have been                                                                        to provide transparency to our partners
                                                  reviewed by the landholding agencies,                   review should be the property address
                                                                                                          (including zip code), the date of                      and other stakeholders as to how we
                                                  and each agency has transmitted to                                                                             establish priorities within our upcoming
                                                  HUD: (1) Its intention to make the                      publication in the Federal Register, the
                                                                                                                                                                 workload.
                                                  property available for use to assist the                landholding agency, and the property
                                                                                                                                                                 DATES: We will accept comments from
                                                  homeless, (2) its intention to declare the              number.
                                                  property excess to the agency’s needs, or                                                                      all interested parties until February 16,
                                                                                                             For more information regarding                      2016. Please note that if you are using
                                                  (3) a statement of the reasons that the                 particular properties identified in this
                                                  property cannot be declared excess or                                                                          the Federal eRulemaking Portal (see
                                                                                                          Notice (i.e., acreage, floor plan, existing            ADDRESSES section, below), the deadline
                                                  made available for use as facilities to                 sanitary facilities, exact street address),
                                                  assist the homeless.                                                                                           for submitting an electronic comment is
                                                     Properties listed as suitable/available              providers should contact the                           11:59 p.m. Eastern Time on this date.
                                                  will be available exclusively for                       appropriate landholding agencies at the                ADDRESSES: You may submit comments
                                                  homeless use for a period of 60 days                    following addresses: NAVY: Mr. Steve                   by one of the following methods:
                                                  from the date of this Notice. Where                     Matteo, Department of the Navy, Asset                     • Federal eRulemaking Portal: http://
                                                  property is described as for ‘‘off-site use             Management; Division, Naval Facilities                 www.regulations.gov. In the Search box,
                                                  only’’ recipients of the property will be               Engineering Command, Washington                        enter the FWS–HQ–ES–2015–0169,
                                                  required to relocate the building to their              Navy Yard, 1330 Patterson Ave. SW.,                    which is the docket number for this
                                                  own site at their own expense.                          Suite 1000, Washington, DC 20374;                      draft policy. Then click on the Search
                                                  Homeless assistance providers                           (202)685–9426. (This is not a toll-free                button. You may enter a comment by
                                                  interested in any such property should                  number)                                                clicking on ‘‘Comment Now!’’ Please
                                                  send a written expression of interest to                                                                       ensure that you have found the correct
                                                                                                            Dated: January 7, 2016.
                                                  HHS, addressed to: Ms. Theresa M.                                                                              document before submitting your
                                                  Ritta, Chief Real Property Branch, the                  Brian P. Fitzmaurice,                                  comment.
                                                  Department of Health and Human                          Director, Division of Community Assistance,               • U.S. mail or hand delivery: Public
                                                  Services, Room 5B–17, Parklawn                          Office of Special Needs Assistance Programs.           Comments Processing, Attn: Docket No.
                                                  Building, 5600 Fishers Lane, Rockville,                 Unsuitable Properties
                                                                                                                                                                 FWS–HQ–ES–2015–0169, U.S. Fish and
                                                  MD 20857, (301) 443–2265 (This is not                                                                          Wildlife Service, MS: BPHC, 5275
                                                  a toll-free number.) HHS will mail to the               Building                                               Leesburg Pike, Falls Church, VA 22041–
                                                  interested provider an application                      Louisiana                                              3803.
                                                  packet, which will include instructions                                                                           We will post all comments on http://
                                                                                                          6 Buildings
                                                  for completing the application. In order                                                                       www.regulations.gov. This generally
                                                                                                          NAS JRB, New Orleans
                                                  to maximize the opportunity to utilize a                                                                       means that we will post any personal
                                                                                                          New Orleans LA 70143
                                                  suitable property, providers should                                                                            information you provide us (see the
                                                                                                          Landholding Agency: Navy
                                                  submit their written expressions of                                                                            Request for Information section, below,
                                                                                                          Property Number: 77201610001
                                                  interest as soon as possible. For                                                                              for more information).
                                                                                                          Status: Excess
                                                  complete details concerning the                         Directions: 300, 301, 301A, 301B, 305, 305A            FOR FURTHER INFORMATION CONTACT:
                                                  processing of applications, the reader is               Comments: public access denied and no                  Douglas Krofta, U.S. Fish and Wildlife
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  encouraged to refer to the interim rule                   alternative method to gain access without            Service, Division of Conservation and
                                                  governing this program, 24 CFR part                       compromising national security.                      Classification, MS: ES, 5275 Leesburg
                                                  581.                                                    Reasons: Secured Area.                                 Pike, Falls Church, VA 22041–3803;
                                                     For properties listed as suitable/to be              [FR Doc. 2016–00486 Filed 1–14–16; 8:45 am]
                                                                                                                                                                 telephone 703/358–2171; facsimile 703/
                                                  excess, that property may, if                                                                                  358–1735. If you use a
                                                                                                          BILLING CODE 4210–67–P
                                                  subsequently accepted as excess by                                                                             telecommunications device for the deaf
                                                  GSA, be made available for use by the                                                                          (TDD), call the Federal Information
                                                  homeless in accordance with applicable                                                                         Relay Service (FIRS) at 800–877–8339.


                                             VerDate Sep<11>2014   20:01 Jan 14, 2016   Jkt 238001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\15JAN1.SGM   15JAN1


                                                  2230                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                  SUPPLEMENTARY INFORMATION:                              completing all types of actions in the                 highest need first. It is our intention that
                                                                                                          listing program workload—including                     the National Listing Workplan balance
                                                  Background
                                                                                                          not only status reviews and                            addressing the large backlog of status
                                                     Under the Endangered Species Act, as                 accompanying 12-month findings, but                    reviews and accompanying 12-month
                                                  amended (Act; 16 U.S.C. 1531 et seq.),                  also status reviews initiated by the                   findings with making progress on other
                                                  the public can petition the Service to                  Service, proposed and final listing                    listing actions, such as making final
                                                  list, delist, or reclassify a species as an             determinations, and proposed and final                 listing determinations for candidate
                                                  endangered species or a threatened                      critical habitat designations. We intend               species and designating critical habitat.
                                                  species. The Act sets forth specific                    to make the National Listing Workplan                  While this draft methodology was
                                                  timeframes in which to complete initial                 publically available on our Web site                   developed primarily to prioritize the
                                                  findings on petitions: The Service has,                 (www.fws.gov/endangered/) and                          outstanding status reviews and
                                                  to the maximum extent practicable, 90                   periodically update it as circumstances                accompanying 12-month petition
                                                  days from receiving a petition to make                  warrant. This draft methodology for                    findings, the considerations raised in
                                                  a finding on whether the petition                       prioritizing petitions to list species does            our prioritization categories may also be
                                                  presents substantial information                        not apply to actions to downlist a                     useful in prioritizing other actions in
                                                  indicating that the petitioned action                   species from an endangered species to a                the listing program as we develop the
                                                  may be warranted; and subsequently 12                   threatened species or to delist a species.             National Listing Workplan each year.
                                                  months from receiving a petition for                    Further, this methodology does not                     Prior to the start of each fiscal year, we
                                                  which the Service has made a positive                   replace our 1983 Endangered and                        will update the National Listing
                                                  initial finding to make a finding on                    Threatened Species Listing and                         Workplan as new information is
                                                  whether the petitioned action is                        Recovery Priority Guidelines                           obtained. We will share the National
                                                  warranted. However, these statutory                     (September 21, 1983; 48 FR 43098),                     Listing Workplan with other Federal
                                                  deadlines have often proven not to be                   which applies to species that have                     agencies, State fish and wildlife
                                                  achievable given the workload in the                    already been determined to warrant a                   agencies, Native American Tribes, and
                                                  listing program and the available                       listing proposal; rather, it complements               other stakeholders and the public at
                                                  resources.                                              it and can be used in conjunction with                 large through posting on our Web site
                                                     Recently, as a result of petitions to list           it. As with the 1983 guidelines, this                  (www.fws.gov/endangered/).
                                                  a large number of species under the Act,                draft methodology must be viewed as a
                                                  our workload includes more than 500                                                                            Priority Bins
                                                                                                          guide and should not be looked upon as
                                                  unresolved status reviews and                           an inflexible framework for determining                   Below we describe the categories we
                                                  accompanying 12-month findings on                       resource allocations (See 48 FR 43098).                have identified for prioritizing listing
                                                  those petitions to complete. At the same                It is not intended to be binding. The                  actions and the information that factors
                                                  time, our resources to complete these                   draft methodology to be used in                        into placing specific actions into the
                                                  findings are limited. Over the last                     prioritizing actions and identified                    appropriate priority bin. Note that an
                                                  several years, we have streamlined, and                 herein incorporates numerous                           action need not meet every facet of a
                                                  continue to find efficiencies in, our                   objectives—including acting on the                     particular bin in order to be placed in
                                                  procedures for evaluating petitions and                 species that are most in need of, and                  that bin. If an action meets the
                                                  conducting listing actions, but these                   that would most benefit from, listing                  conditions for more than one bin, the
                                                  efforts are not sufficient to keep up with              under the Act first, and maximizing the                Service will seek to prioritize that action
                                                  the demands of our workload. This draft                 efficiency of the listing program.                     by taking into consideration any case-
                                                  methodology is intended to allow us to                     We plan to evaluate unresolved status               specific information relevant to
                                                  address the outstanding workload of                     reviews and accompanying 12-month                      determining what prioritization would,
                                                  status reviews and accompanying 12-                     findings for upcoming listing actions                  overall, best advance the objectives of
                                                  month findings strategically as our                     and prioritize them using the                          this draft methodology—including
                                                  resources allow and to provide                          prioritization categories and additional               protecting the species that are most in
                                                  transparency to our partners and other                  considerations identified in this draft                need of, and that would benefit most
                                                  stakeholders as to how we establish                     methodology to assign each action to                   from, listing under the Act first, and
                                                  priorities within our upcoming                          one of five priority categories, or ‘‘bins,’’          maximizing the efficiency of the listing
                                                  workload.                                               as described below. In prioritizing status             program.
                                                     To balance and manage this existing                  reviews and accompanying 12-month                         (1) Highest Priority—Critically
                                                  and anticipated future status review and                findings, we will consider information                 Imperiled: Highest priority will be given
                                                  accompanying 12-month finding                           from the 90-day finding, any petitions,                to a species experiencing severe threat
                                                  workload in the most efficient manner,                  and any other information in our files.                levels across a majority of its range,
                                                  we have developed a draft methodology                   We recognize that we may not always                    resulting in severe population-level
                                                  to help us use our resources wisely by                  have in our files the information                      impacts. Species that are critically
                                                  working on the highest-priority status                  necessary to assign an action to the                   imperiled and need immediate listing
                                                  reviews and accompanying 12-month                       correct bin, so we plan to also work                   action in order to prevent extinction
                                                  petition findings first. The draft                      with State fish and wildlife agencies,                 will be given highest priority.
                                                  methodology consists of identifying five                Native American Tribes, and other                         (2) Strong Data Already Available on
                                                  prioritization categories for these                     appropriate conservation partners who                  Status: Species for which we currently
                                                  actions, determining where (into which                  have management responsibility for                     have strong information concerning the
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                                                  category) each action belongs, and using                these species or relevant scientific data              species’ status will receive next highest
                                                  that information to establish the order in              to obtain the information necessary to                 priority. We acknowledge that the Act
                                                  which we plan to complete status                        allow us to accurately prioritize specific             requires that we base our decisions on
                                                  reviews and accompanying 12-month                       actions.                                               the best available information at the
                                                  findings on petitions to list species                      This priority system will assist us in              time we make a determination, and we
                                                  under the Act. This prioritization of                   compiling outstanding workload into a                  will continue to adhere to that
                                                  petition findings will inform a multi-                  multi-year National Listing Workplan                   requirement. Our experience
                                                  year National Listing Workplan for                      designed to address the species with the               implementing the Act has shown us that


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                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                              2231

                                                  high-quality scientific information leads               species in Bins 1, 2, and 3 for                        priority when internally ranking actions
                                                  to stronger, more defensible decisions                  completion first.                                      within a bin or developing the National
                                                  that have increased longevity.                             (5) Limited Data Currently Available:               Listing Workplan. One limitation that
                                                  Therefore, we will generally place                      Species for which we know almost                       might result in divergence from priority
                                                  species for which we have particularly                  nothing about its threats or status will               order is when the current highest
                                                  strong scientific data supporting a clear               be given fifth highest priority. If we do              priorities are clustered in a geographic
                                                  decision on status—either a decision                    not have much information about a                      area, such that our scientific expertise at
                                                  that the species warrants listing or does               species without conducting research or                 the field office level is fully occupied
                                                  not warrant listing—at a higher priority                further analysis, the species would be                 with their existing workload. We
                                                  than species in Bins 3, 4, and 5,                       suitably placed in this bin. Placing a                 recognize that the geographic
                                                  discussed below.                                        species in this bin does not put off                   distribution of our scientific expertise
                                                     (3) New Science Underway to Inform                   working on the listing action; it just                 will in some cases require us to balance
                                                  Key Uncertainties: As stated previously,                prioritizes work on species in Bins 1, 2,              workload across geographic areas.
                                                  a higher quality of scientific information              3, and 4 for completion first.
                                                  leads to better decision-making, which                     According to the standard under the                 Request for Information
                                                  focuses our resources on providing                      Act, we need to make listing decisions                    Section 4(h) of the ESA requires that,
                                                  protections associated with endangered                  based on the best available scientific                 when the Secretary establishes
                                                  and threatened species listing on                       and commercial data. Because the best                  guidelines to insure that the purposes of
                                                  species most in need. Scientific                        available data for species in this bin                 Section 4 are achieved efficiently and
                                                  uncertainty regarding a species’ status is              may be very limited, even if the Service               effectively, the Secretary provide to the
                                                  often encountered in listing decisions.                 conducts further research, we will place               public notice of, and opportunity to
                                                  For circumstances when that                             a higher priority on work for those                    submit written comments on, those
                                                  uncertainty can be resolved within a                    species for which we have more and                     guidelines. In addition, we intend that
                                                  reasonable timeframe because emerging                   better data already available.                         a final methodology for prioritizing
                                                  science (e.g., taxonomy, genetics,                                                                             status reviews and accompanying 12-
                                                                                                          Additional Considerations
                                                  threats) is underway to answer key                                                                             month findings for listing will consider
                                                  questions that may influence the listing                   The following considerations will also              information and recommendations from
                                                  determination, those species will be                    be used to inform implementation of the                all interested parties. We therefore
                                                  prioritized for action next after those                 prioritization process, development of                 solicit comments, information, and
                                                  with existing strong information bases.                 the National Listing Workplan, and any                 recommendations from governmental
                                                  This bin is appropriate when the                        necessary internal ranking within each                 agencies, Native American Tribes, the
                                                  emerging science or study is already                    bin (i.e., as tie-breakers within a bin):              scientific community, industry groups,
                                                  underway, or a report is expected soon,                    • The level of complexity                           environmental interest groups, and any
                                                  or the data exist, but they need to be                  surrounding the status review and                      other interested parties. All comments
                                                  compiled and analyzed. Placing a                        accompanying 12-month finding, such                    and materials we receive by the date
                                                  species in this bin does not put off                    as the degree of controversy, biological               listed above in DATES will be considered
                                                  working on the listing action; it just                  complexity, or whether the status                      prior to the adoption of a final
                                                  prioritizes work on species in Bins 1                   review and accompanying 12-month                       methodology.
                                                  and 2 for completion first. Moreover,                   finding covers multiple species or spans                  If you submit information via http://
                                                  species do not remain in this bin                       multiple regions of the Service.                       www.regulations.gov, your entire
                                                  indefinitely; a species for which                          • The extent to which the protections               submission—including any personal
                                                  ongoing research is not expected to                     of the Act would be able to improve                    identifying information—will be posted
                                                  produce results in the near future would                conditions for that species and its                    on the Web site. If your submission is
                                                  not be placed in this bin, and any                      habitat or also provide benefits to many               made via a hardcopy that includes
                                                  species that is placed in this bin will be              other species. For example, a species                  personal identifying information, you
                                                  moved to another bin after the research                 primarily under threat due to sea level                may request at the top of your document
                                                  results become available. With the new,                 rise from the effects of climate change                that we withhold this information from
                                                  emerging information, a more informed                   is unlikely to have its condition much                 public review. However, we cannot
                                                  decision could be made (e.g., a species’                improved by the protections of the Act.                guarantee that we will be able to do so.
                                                  status could be determined fairly readily               By contrast, a species primarily under                 We will post all hardcopy submissions
                                                  through surveys or other research).                     threat due to habitat destruction from                 on http://www.regulations.gov.
                                                     (4) Conservation Opportunities in                    grazing practices on public lands would                   We seek comments and
                                                  Development or Underway: Where                          more directly benefit from the                         recommendations in particular on:
                                                  efforts to conserve species are                         protections of the Act.                                   (1) Whether this draft methodology
                                                  organized, underway, and likely to                         • Whether there are opportunities to                sets out clearly defined conditions for
                                                  address the threats to the species, we                  maximize efficiency by batching                        the prioritization bins. If not, please
                                                  will consider these species as our fourth               multiple species for the purpose of                    provide detailed comments so that we
                                                  highest priority. In order for a species to             status reviews, petition findings, or                  can clarify our methodology.
                                                  be appropriately placed in this bin,                    listing determinations. For example,                      (2) Whether there may be other factors
                                                  conservation agreements and                             actions could be batched by taxon, by                  or considerations that should be
                                                  commitments should be completed in                      species with like threats, by similar                  incorporated into our methodology.
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                                                  time for consideration in the status                    geographic location, or other similar                     (3) Whether our draft methodology
                                                  review and accompanying 12-month                        circumstances. Batching may result in                  makes logical sense and will result in an
                                                  finding and in an amount of time that                   lower-priority actions that are tied to                appropriate use of our limited resources.
                                                  provides landowners or other entities                   higher-priority actions being completed
                                                  adequate opportunity to enroll prior to                 earlier than they would otherwise.                     Determinations Under Other
                                                  any listing decision. Placing a species in                 • Whether there are any special                     Authorities
                                                  this bin does not put off working on the                circumstances whereby an action                          As mentioned above, we intend to use
                                                  listing action; it just prioritizes work on             should be bumped up (or down) in                       this methodology to prioritize work on


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                                                  2232                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                  status reviews and accompanying 12-                     to Tribes and other stakeholders in the                madonna_baucum@nps.gov (email).
                                                  month findings and to assist with                       prioritization of our upcoming                         Please reference OMB Control Number
                                                  prioritizing actions in order to develop                workload. We will continue to work                     ‘‘1024–0232, NPS National
                                                  the National Listing Workplan for each                  with Tribes as we finalize this draft                  Underground Railroad Network to
                                                  fiscal year. Below we make                              methodology and obtain the information                 Freedom’’ in the subject line of your
                                                  determinations provided for under                       necessary to accurately bin specific                   comments.
                                                  several Executive Orders and statutes                   actions and develop our National                       FOR FURTHER INFORMATION CONTACT:
                                                  that may apply where a Federal action                   Listing Workplan.                                      Diane Miller, National Manager,
                                                  is not a binding rule or regulation.                                                                           National Underground Railroad
                                                                                                          Authors
                                                  National Environmental Policy Act                                                                              Network to Freedom Program, National
                                                                                                            The primary authors of this draft
                                                  (NEPA)                                                                                                         Park Service, c/o Blackwater National
                                                                                                          policy are the staff members of the
                                                     We are analyzing this draft                                                                                 Wildlife Refuge, 2145 Key Wallace
                                                                                                          Division of Conservation and
                                                  methodology in accordance with the                                                                             Drive, Cambridge, Maryland 21613; or
                                                                                                          Classification, U.S. Fish and Wildlife
                                                  criteria of the National Environmental                                                                         via email at diane_miller@nps.gov.
                                                                                                          Service, 5275 Leesburg Pike, Falls
                                                  Policy Act (NEPA; 42 U.S.C. 4321 et                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                          Church, VA 22041.
                                                  seq.), the Department of the Interior                                                                          I. Abstract
                                                  regulations on Implementation of the                    Authority
                                                  National Environmental Policy Act (43                     The authority for this action is the                    Public Law 105–203 (National
                                                  CFR 46.10–46.450), and the Department                   Endangered Species Act of 1973, as                     Underground Railroad Network to
                                                  of the Interior Manual (516 DM 1–6 and                  amended (16 U.S.C. 1531 et seq.).                      Freedom Act of 1998) authorizes the
                                                  8). We invite the public to comment on                                                                         Secretary of the Interior to establish the
                                                                                                            Dated: January 6, 2016.                              Network to Freedom (Network). The
                                                  the extent to which this draft
                                                                                                          Stephen Guertin,                                       Network is a collection of sites,
                                                  methodology may have a significant
                                                  impact on the human environment, or                     Acting Director, U.S. Fish and Wildlife                facilities, and programs, both
                                                                                                          Service.                                               governmental and nongovernmental,
                                                  fall within one of the categorical
                                                  exclusions for actions that have no                     [FR Doc. 2016–00616 Filed 1–14–16; 8:45 am]            around the United States. All entities
                                                  individual or cumulative effect on the                  BILLING CODE 4333–15–P                                 must have a verifiable association with
                                                  quality of the human environment. We                                                                           the historic Underground Railroad
                                                  will complete our analysis, in                                                                                 movement. The National Park Service
                                                  compliance with NEPA, before                            DEPARTMENT OF THE INTERIOR                             administers the National Underground
                                                  finalizing this methodology.                                                                                   Railroad Network to Freedom Program.
                                                                                                          National Park Service                                  The program coordinates preservation
                                                  Paperwork Reduction Act of 1995                         [NPS–NER–19995, PPNEHATUC0,                            and education efforts Nationwide and
                                                    This draft methodology does not                       PPMRSCR1Y.CU0000 (166)]                                integrates local historical places,
                                                  contain any collections of information                                                                         museums, and interpretive programs
                                                  that require approval by the Office of                  Proposed Information Collection;                       associated with the Underground
                                                  Management and Budget (OMB) under                       National Underground Railroad                          Railroad into a mosaic of community,
                                                  the Paperwork Reduction Act (44 U.S.C.                  Network to Freedom Program                             regional, and national stories.
                                                  3501 et seq.). This draft methodology                                                                             Individuals; businesses;
                                                                                                          AGENCY:   National Park Service, Interior.
                                                  will not impose recordkeeping or                                                                               organizations; State, tribal and local
                                                                                                          ACTION:   Notice; request for comments.                governments; and Federal agencies that
                                                  reporting requirements on State or local
                                                  governments, individuals, businesses, or                SUMMARY:   We (National Park Service)                  want to join the Network must complete
                                                  organizations. We may not conduct or                    will ask the Office of Management and                  an application form. The application
                                                  sponsor and you are not required to                     Budget (OMB) to approve the                            and instructions are available on our
                                                  respond to a collection of information                  information collection described below.                Web site at http://www.nps.gov/
                                                  unless it displays a currently valid OMB                As required by the Paperwork                           subjects/ugrr/index.htm. Respondents
                                                  control number.                                         Reduction Act of 1995 and as part of our               must (1) verify associations and
                                                                                                          continuing efforts to reduce paperwork                 characteristics through descriptive texts
                                                  Government-to-Government                                                                                       that are the result of historical research
                                                  Relationship With Tribes                                and respondent burden, we invite the
                                                                                                          general public and other Federal                       and (2) submit supporting
                                                     In accordance with the President’s                   agencies to take this opportunity to                   documentation; e.g., copies of rare
                                                  memorandum of April 29, 1994,                           comment on this IC. This IC is                         documents, photographs, and maps.
                                                  ‘‘Government-to-Government Relations                    scheduled to expire on July 31, 2016.                  Much of the information is submitted in
                                                  with Native American Tribal                             We may not conduct or sponsor and a                    electronic format and used to determine
                                                  Governments’’ (59 FR 22951), Executive                  person is not required to respond to a                 eligibility to become part of the
                                                  Order 13175 ‘‘Consultation and                          collection of information unless it                    Network.
                                                  Coordination with Indian Tribal                         displays a valid OMB control number.                      Upon approval by OMB of this
                                                  Governments,’’ and the Department of                                                                           extension request, the NPS will begin
                                                                                                          DATES: To ensure we are able to
                                                  the Interior Manual at 512 DM 2, and                                                                           developing a HTML version of the 10–
                                                  the Department of Commerce American                     consider your comments, we must                        946, ‘‘National Park Service National
                                                                                                          receive them on or before March 15,
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                                                  Indian and Alaska Native Policy (March                                                                         Underground Railroad Network to
                                                  30, 1995), we have considered possible                  2016.                                                  Freedom Application Form’’ on the
                                                  effects on federally recognized Indian                  ADDRESSES:   Please send your comments                 Department of the Interior’s Enterprise
                                                  tribes and have preliminarily                           on the ICR to Madonna L. Baucum,                       Forms System (EFS) Web site. The EFS
                                                  determined that there are no potential                  Information Collection Clearance                       will consolidate all internal forms used
                                                  adverse effects of issuing this draft                   Officer, National Park Service, 12201                  by the Department and external forms
                                                  methodology. Our intent with this draft                 Sunrise Valley Drive, Room 2C114, Mail                 used by the public into a centralized
                                                  methodology is to provide transparency                  Stop 242, Reston, VA 20192 (mail); or                  automated forms program. This will


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Document Created: 2018-02-02 12:31:54
Document Modified: 2018-02-02 12:31:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWe will accept comments from all interested parties until February 16, 2016. Please note that if you are using the Federal
ContactDouglas Krofta, U.S. Fish and Wildlife Service, Division of Conservation and Classification, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703/358-2171; facsimile 703/358-1735. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800- 877-8339.
FR Citation81 FR 2229 

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