81 FR 22961 - Endangered and Threatened Wildlife and Plants; Proposed Rule To Amend the Listing of the Southern Selkirk Mountains Population of Woodland Caribou
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 75 (April 19, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 75 (April 19, 2016)
| Page Range | 22961-22963 | |
| FR Document | 2016-08617 |
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)] [Proposed Rules] [Pages 22961-22963] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08617] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R1-ES-2012-0097; 4500030114] RIN 1018-AZ74 Endangered and Threatened Wildlife and Plants; Proposed Rule To Amend the Listing of the Southern Selkirk Mountains Population of Woodland Caribou AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of the comment period. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our May 8, 2014, proposed rule to amend the listing of the southern Selkirk Mountains population of woodland caribou (Rangifer tarandus caribou) by defining the Southern Mountain Caribou distinct population segment (DPS) and listing it as threatened. In the May 8, 2014, proposed rule, we also proposed to reaffirm our November 28, 2012, final designation of critical habitat for the southern Selkirk Mountains population of woodland caribou as critical habitat for the proposed Southern Mountain Caribou DPS. On March 23, 2015, the U.S. District Court of Idaho remanded our November 28, 2012, final critical habitat rule to the Service to correct a procedural error by providing another opportunity for public comment. This reopening of the comment period will provide all interested parties with the opportunity to provide comment on our November 28, 2012, final critical habitat designation, in light of the court's ruling. DATES: The comment period for the proposed rule published in the Federal Register on May 8, 2014 (79 FR 26504), is reopened. We will consider comments received or postmarked on or before May 19, 2016. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. Any comments that we receive after the closing date may not be considered in the final decision on this action. ADDRESSES: Document availability: You may obtain information and documents associated with the opening of this comment period, a copy of the November 28, 2012, final critical habitat designation (77 FR 71042), as well as information relating to the proposed reaffirmation of critical habitat in the proposed amended listing rule (79 FR 26504, May 8, 2014) and any comments received on that rule at http://www.regulations.gov under Docket No. FWS-R1-ES-2012-0097, or by contacting the U.S. Fish and Wildlife Service, Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Information we relied upon for making our November 28, 2012, final critical habitat designation (77 FR 71042) can be found at http://www.regulations.gov under Docket No. FWS-R1-ES-2011- 0096 and Docket No. FWS-R1-ES-2012-0097, or by contacting the U.S. Fish and Wildlife Service, Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Comment submission: You may submit written information by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R1-ES-2012-0097, which is the docket number for this rulemaking. Then, click the Search button. In the Search panel on the left side of the [[Page 22962]] screen, under the Document Type heading, click on the box next to ``Proposed Rule'' to locate this document. You may submit a comment by clicking on ``Comment Now!'' Please ensure that you have found the correct rulemaking before submitting your comment. (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R1-ES-2012-0097; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803. We request that you send comments only by the methods described above. We will post all comments received on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Information Requested section below, for more information). FOR FURTHER INFORMATION CONTACT: Dennis Mackey, Acting State Supervisor, Idaho Fish and Wildlife Office, 1387 S. Vinnell Way, Room 368, Boise, Idaho (telephone 208-378-5243; facsimile 208-378-5262). If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: Background On November 30, 2011, we proposed to designate approximately 375,562 acres (ac) (151,985 hectares (ha)) of critical habitat for the southern Selkirk Mountains population of woodland caribou (Rangifer tarandus caribou) (76 FR 74018). On November 28, 2012, after considering comments we received from peer reviewers as well as from Federal agencies, State agencies, Tribes, and the general public on the proposed designation, we designated approximately 30,010 ac (12,145 ha) of critical habitat for the southern Selkirk Mountains population of woodland caribou (77 FR 71042). On May 8, 2014, we proposed to amend the current listing of the southern Selkirk Mountains population of woodland caribou by defining the Southern Mountain Caribou DPS, which includes the currently listed southern Selkirk Mountains population of woodland caribou, as well as populations of mountain caribou in British Columbia (79 FR 26504), and listing the DPS as threatened. In the May 8, 2014, rule, we also proposed to reaffirm the approximately 30,010 ac (12,145 ha) designated as critical habitat on November 28, 2012 (77 FR 71042), for the southern Selkirk Mountains population of woodland caribou as critical habitat for the proposed Southern Mountain Caribou DPS. As we stated in our May 8, 2014, proposed rule (79 FR 26532), our regulations at 50 CFR 424.12(h) allow us to designate critical habitat only in the United States. Of the 15 populations of mountain caribou that make up the Southern Mountain caribou DPS, the southern Selkirk Mountains woodland caribou population is the only population that moves freely between the coterminous United States and Canada. We determined that critical habitat for the Southern Mountain caribou DPS corresponded exactly to the critical habitat identified for the southern Selkirk Mountains population of woodland caribou in our final rule published on November 28, 2012 (77 FR 71042). Further we determined that the specific area identified in the November 28, 2012, final rule met the definition of critical habitat for the Southern Mountain caribou DPS, and that there are no additional areas that meet the definition of critical habitat. The May 8, 2014, proposed rule (79 FR 26504) had a 60-day public comment period, ending July 7, 2014. On June 10, 2014, we extended the public comment period an additional 30 days, ending on August 6, 2014, and announced the scheduling of two public hearings, which were held on June 25, 2014, and June 26, 2014 (79 FR 33169). On March 24, 2015, we reopened the public comment period for an additional 30 days, ending on April 23, 2015, to allow the public time to review new information received after the previous public comment period (80 FR 15545). On March 23, 2015, the U.S. District Court for the District of Idaho ruled in Center for Biological Diversity v. Kelly, 93 F. Supp. 3d 1193 (D. Idaho, 2015), that we made a procedural error in not providing for public review and comment on certain aspects of the reasoning that we relied upon in making our November 28, 2012, final designation of critical habitat (77 FR 71042). The reopening of this comment period will provide all interested parties an opportunity to provide comment on the November 28, 2012, final designation of critical habitat, which we proposed to reaffirm in the May 8, 2014, proposed rule as the critical habitat for the Southern Mountain caribou DPS. The primary factors that we considered in making changes from the November 30, 2011, proposed critical habitat designation (76 FR 74018) to the November 28, 2012, final critical habitat designation (77 FR 71042), which we proposed to reaffirm in the May 8, 2014, proposed rule include: (1) A revised determination of the geographical area occupied by the southern Selkirk Mountains population of woodland caribou at the time of listing, based on comments we received, including those from peer reviewers, which caused us to reevaluate surveys conducted by Scott and Servheen (1984, 1985). (2) Census monitoring that documented low numbers of individual caribou observed in the United States during those annual surveys. (3) Caribou observations within the United States for several years that have consistently been limited to areas close to the United States-Canada border. (4) Peer review comments received leading to a reanalysis of the appropriate elevational limit of critical habitat (see Kinley and Apps (2007)). (5) Information and literature reporting the overall decline of the subspecies mountain caribou (Rangifer tarandus caribou) across its range, and in particular the decline of woodland caribou populations in the southern extent of their range, including the southern Selkirk Mountains population of woodland caribou. (6) The applicability as well as the status of the recovery objectives identified in the 1994 Selkirk Mountains Woodland Caribou Recovery Plan (USFWS 1994). (7) Information on areas currently conserved and managed for the conservation of woodland caribou in the Selkirk Mountains in British Columbia, Canada, as described in The Nature Conservancy (2011) and the 2009 update on the Mountain Caribou Recovery Implementation Plan provided to the Mountain Caribou Progress Board (DeGroot 2012, pers comm.) (see also MCRIP 2009). All documents cited above can be viewed on www.regulations.gov in the supplemental materials for Docket No. FWS-R1-ES-2012-0097. Information Requested We intend that any final action will be based on the best scientific data available, and be as accurate and complete as possible. Therefore, we are seeking written comments and information from appropriate Federal and State agencies, the scientific community, and any other interested party during this reopened comment period on our proposed rule that was published in the May 8, 2014, Federal Register (79 FR 26504). We are particularly interested in comments and information related to our November 28, 2012, final critical habitat designation, which we have proposed to reaffirm as critical habitat for the Southern [[Page 22963]] Mountain caribou DPS. This information will be used to finalize the critical habitat designation for the Southern Mountain caribou DPS. If you submitted comments or information on the proposed reaffirmation of the November 28, 2012, designation of critical habitat in the proposed amended listing rule (79 FR 26504, Docket No. FWS-R1- ES-2012-0097) during the initial comment period from May 8, 2014, to July 6, 2014, the extended comment period (79 FR 33169) from July 6, 2014, to August 6, 2014, or the additional comment period (80 FR 15545) from March 24, 2015, to April 23, 2015, please do not resubmit them. We have incorporated them into the public record as part of this comment period, and we will fully consider them in our final determination. Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(2) of the Act directs that critical habitat determinations must be made ``on the basis of the best scientific data available.'' You may submit your comments and materials concerning the May 8, 2014, proposed rule (79 FR 26504) by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES. 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. Please include sufficient information with your comments to allow us to verify any scientific or commercial information you include. Comments and materials we receive, as well as some supporting documentation we used in preparing the November 28, 2012, final critical habitat rule, will be available for public inspection on http://www.regulations.gov at Docket No. FWS-R1-ES-2012-0097, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: April 5, 2016. Noah Matson, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2016-08617 Filed 4-18-16; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules 22961
quarter a manufacturer should refund or demand, as long as covered entities are reaffirm our November 28, 2012, final
credit a covered entity if there is an able to purchase on the same terms as designation of critical habitat for the
overcharge. all other similarly-situated providers. southern Selkirk Mountains population
HHS welcomes comments regarding of woodland caribou as critical habitat
Definition of ‘‘Knowing and
other situations where the requisite for the proposed Southern Mountain
Intentional’’
intent may or may not be demonstrated. Caribou DPS. On March 23, 2015, the
Under section 340B(d)(1)(B)(vi) of the Because of the scope of the proposed U.S. District Court of Idaho remanded
Public Health Service Act, the Secretary rule, and since we have specifically our November 28, 2012, final critical
is charged with issuing civil monetary requested the public’s comments on habitat rule to the Service to correct a
penalties for manufacturers who have various aspects of the rule, we believe procedural error by providing another
‘‘knowingly and intentionally’’ charged that it is important to allow ample time opportunity for public comment. This
a covered entity a price that exceeds the for the public to consider these reopening of the comment period will
340B ceiling price. Although the approaches to these specific policies in provide all interested parties with the
knowing and intentional standard was the proposed rule. Therefore, we have opportunity to provide comment on our
included in the NPRM issued on June decided to reopen the comment period November 28, 2012, final critical habitat
17, 2015, ‘‘knowing and intentional’’ for an additional 30 days. HHS believes designation, in light of the court’s
was not specifically defined. HHS that a 30-day period is sufficient and ruling.
received a number of comments urging balances the interests of encouraging
HHS to further define these terms. DATES: The comment period for the
public participation in the rulemaking proposed rule published in the Federal
Through this reopening of the NPRM process with the desire to not
comment period, we are seeking Register on May 8, 2014 (79 FR 26504),
unnecessarily delay key decisions about is reopened. We will consider
comment on the definition of the rulemaking. This document announces
knowing and intentional standard for comments received or postmarked on or
the reopening of the comment period to before May 19, 2016. Comments
purposes of this civil monetary penalty end May 19, 2016.
authority. We believe that, by reopening submitted electronically using the
the comment period as to this issue, all Dated: April 6, 2016. Federal eRulemaking Portal (see
parties will have an opportunity to James Macrae, ADDRESSES, below) must be received by
express their views on this definitional Acting Administrator, Health Resources and 11:59 p.m. Eastern Time on the closing
standard prior to finalization of the rule. Services Administration. date. Any comments that we receive
HHS is considering whether Approved: April 12, 2016. after the closing date may not be
‘‘knowing and intentional’’ should be Sylvia M. Burwell, considered in the final decision on this
further defined. If the terms are defined, Secretary. action.
possible definitions could be: (1) Actual [FR Doc. 2016–09017 Filed 4–18–16; 8:45 am]
ADDRESSES:
knowledge by the manufacturer, its Document availability: You may
BILLING CODE 4165–15–P
employees, or its agents of the instance obtain information and documents
of overcharge; (2) willful or purposeful associated with the opening of this
acts by, or on behalf of, the comment period, a copy of the
manufacturer that lead to the instance of DEPARTMENT OF THE INTERIOR November 28, 2012, final critical habitat
overcharge; (3) acting consciously and designation (77 FR 71042), as well as
Fish and Wildlife Service
with awareness of the acts leading to the information relating to the proposed
instance of overcharge; and/or (4) acting reaffirmation of critical habitat in the
50 CFR Part 17
with a conscious desire or purpose to proposed amended listing rule (79 FR
cause an overcharge or acting in a way [Docket No. FWS–R1–ES–2012–0097; 26504, May 8, 2014) and any comments
practically certain to result in an 4500030114] received on that rule at http://
overcharge. Manufacturers do not need www.regulations.gov under Docket No.
RIN 1018–AZ74
to intend specifically to violate the 340B FWS–R1–ES–2012–0097, or by
statute; but rather to have knowingly Endangered and Threatened Wildlife contacting the U.S. Fish and Wildlife
and intentionally overcharged the 340B and Plants; Proposed Rule To Amend Service, Idaho Fish and Wildlife Office
covered entity. the Listing of the Southern Selkirk (see FOR FURTHER INFORMATION CONTACT).
HHS understands that this is difficult Mountains Population of Woodland Information we relied upon for making
to demonstrate. As such, HHS is Caribou our November 28, 2012, final critical
soliciting input on circumstances in habitat designation (77 FR 71042) can be
which the requisite intent should and AGENCY: Fish and Wildlife Service, found at http://www.regulations.gov
should not be inferred. In particular, Interior. under Docket No. FWS–R1–ES–2011–
HHS would like to solicit comment on ACTION: Proposed rule; reopening of the 0096 and Docket No. FWS–R1–ES–
the concept that manufacturers would comment period. 2012–0097, or by contacting the U.S.
not be considered to have the requisite Fish and Wildlife Service, Idaho Fish
intent in the following circumstances: SUMMARY: We, the U.S. Fish and and Wildlife Office (see FOR FURTHER
• The manufacturer made an Wildlife Service (Service), announce the INFORMATION CONTACT).
inadvertent, unintentional, or reopening of the public comment period Comment submission: You may
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
unrecognized error in calculating the on our May 8, 2014, proposed rule to submit written information by one of
ceiling price; amend the listing of the southern the following methods:
• A manufacturer acted on a Selkirk Mountains population of (1) Electronically: Go to the Federal
reasonable interpretation of agency woodland caribou (Rangifer tarandus eRulemaking Portal: http://
guidance; or caribou) by defining the Southern www.regulations.gov. In the Search box,
• When a manufacturer has Mountain Caribou distinct population enter FWS–R1–ES–2012–0097, which is
established alternative allocation segment (DPS) and listing it as the docket number for this rulemaking.
procedures where there is an inadequate threatened. In the May 8, 2014, Then, click the Search button. In the
supply of product to meet market proposed rule, we also proposed to Search panel on the left side of the
VerDate Sep<11>2014 17:42 Apr 18, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1](https://thefederalregister.org/doc/81_FR_23036/page/1.svg)
![Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules 22963
Mountain caribou DPS. This although noted, will not be considered comments to allow us to verify any
information will be used to finalize the in making a determination, as section scientific or commercial information
critical habitat designation for the 4(b)(2) of the Act directs that critical you include.
Southern Mountain caribou DPS. habitat determinations must be made Comments and materials we receive,
If you submitted comments or ‘‘on the basis of the best scientific data as well as some supporting
information on the proposed available.’’ documentation we used in preparing the
reaffirmation of the November 28, 2012, You may submit your comments and November 28, 2012, final critical habitat
designation of critical habitat in the materials concerning the May 8, 2014, rule, will be available for public
proposed amended listing rule (79 FR proposed rule (79 FR 26504) by one of inspection on http://
26504, Docket No. FWS–R1–ES–2012– the methods listed in ADDRESSES. We www.regulations.gov at Docket No.
0097) during the initial comment period request that you send comments only by FWS–R1–ES–2012–0097, or by
from May 8, 2014, to July 6, 2014, the the methods described in ADDRESSES. If appointment, during normal business
extended comment period (79 FR you submit information via http:// hours, at the U.S. Fish and Wildlife
33169) from July 6, 2014, to August 6, www.regulations.gov, your entire Service, Idaho Fish and Wildlife Office
2014, or the additional comment period submission—including any personal (see FOR FURTHER INFORMATION CONTACT).
(80 FR 15545) from March 24, 2015, to identifying information—will be posted Authority
April 23, 2015, please do not resubmit on the Web site. If your submission is
them. We have incorporated them into The authority for this action is the
made via a hardcopy that includes
the public record as part of this Endangered Species Act of 1973, as
personal identifying information, you
comment period, and we will fully amended (16 U.S.C. 1531 et seq.).
may request at the top of your document
consider them in our final that we withhold this information from Dated: April 5, 2016.
determination. public review. However, we cannot Noah Matson,
Please note that submissions merely guarantee that we will be able to do so. Acting Director, U.S. Fish and Wildlife
stating support for or opposition to the We will post all hardcopy submissions Service.
action under consideration without on http://www.regulations.gov. Please [FR Doc. 2016–08617 Filed 4–18–16; 8:45 am]
providing supporting information, include sufficient information with your BILLING CODE 4333–15–P
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 17:42 Apr 18, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4702 Sfmt 9990 E:\FR\FM\19APP1.SGM 19APP1](https://thefederalregister.org/doc/81_FR_23036/page/3.svg)
Document Created: 2016-04-19 00:16:14
Document Modified: 2016-04-19 00:16:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; reopening of the comment period. | |
| Dates | The comment period for the proposed rule published in the Federal Register on May 8, 2014 (79 FR 26504), is reopened. We will consider comments received or postmarked on or before May 19, 2016. Comments submitted electronically using the Federal eRulemaking Portal | |
| Contact | Dennis Mackey, Acting State Supervisor, Idaho Fish and Wildlife Office, 1387 S. Vinnell Way, Room 368, Boise, Idaho (telephone 208-378-5243; facsimile 208-378-5262). If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service at 800-877-8339. | |
| FR Citation | 81 FR 22961 | |
| RIN Number | 1018-AZ74 |
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