81_FR_42050 81 FR 41926 - Endangered and Threatened Species; Critical Habitat for the Endangered Carolina and South Atlantic Distinct Population Segments of Atlantic Sturgeon; Correction

81 FR 41926 - Endangered and Threatened Species; Critical Habitat for the Endangered Carolina and South Atlantic Distinct Population Segments of Atlantic Sturgeon; Correction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 124 (June 28, 2016)

Page Range41926-41927
FR Document2016-15045

NMFS published in the Federal Register of June 3, 2016, a document proposing to designate critical habitat for the endangered Carolina distinct population segment of the Atlantic sturgeon (Carolina DPS of Atlantic sturgeon) and the endangered South Atlantic distinct population segment of the Atlantic sturgeon (South Atlantic DPS of Atlantic sturgeon) pursuant to section 4 of the Endangered Species Act (ESA). This correction clarifies what types of man-made structures are not included in the proposed designation.

Federal Register, Volume 81 Issue 124 (Tuesday, June 28, 2016)
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Proposed Rules]
[Pages 41926-41927]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15045]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 150817733-6519-02]
RIN 0648-BF32


Endangered and Threatened Species; Critical Habitat for the 
Endangered Carolina and South Atlantic Distinct Population Segments of 
Atlantic Sturgeon; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; correction.

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SUMMARY: NMFS published in the Federal Register of June 3, 2016, a 
document proposing to designate critical habitat for the endangered 
Carolina distinct population segment of the Atlantic sturgeon (Carolina 
DPS of Atlantic sturgeon) and the endangered South Atlantic distinct 
population segment of the Atlantic sturgeon (South Atlantic DPS of 
Atlantic sturgeon) pursuant to section 4 of the Endangered Species Act 
(ESA). This correction clarifies what types of man-made structures are 
not included in the proposed designation.

DATES: Comments on this proposal must be received by September 1, 2016.

ADDRESSES: You may submit comments, identified by the docket number 
NOAA-NMFS-2015-0157, by either of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015- 0157 click the ``Comment Now'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Assistant Regional Administrator, Protected 
Resources Division, NMFS, Southeast Regional Office, 263 13th Avenue 
South, St. Petersburg, FL 33701. Instructions: You must submit comments 
by one of the above methods to ensure that we receive, document, and 
consider them. Comments sent by any other method, to any other address 
or individual, or

[[Page 41927]]

received after the end of the comment period, may not be considered. 
All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (for example, name, address, etc.) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit Confidential Business Information or otherwise sensitive or 
protected information. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Jason Rueter, NMFS, Southeast Regional 
Office, 727-824-5312, [email protected]; Andrew Herndon, Southeast 
Regional Office, 727-824-5312, [email protected]; Lisa Manning, 
NMFS, Office of Protected Resources, 301-427-8466, 
[email protected].

Correction

    The proposed rule that published in the Federal Register on June 3, 
2016 (81 FR 36078), contained misleading language regarding what areas 
were not to be considered part of the proposed designation. The 
original language inadvertently identified ``marinas'' and ``maintained 
channels'' as examples of areas not included. Because marinas and 
maintained channels may contain the physical features essential for the 
conservation of the species, these areas should be included in critical 
habitat. Further, the original language did not specify a date by which 
such structures would have to be in place to be considered 
``existing''. Therefore, we are clarifying what is meant by the term 
``man-made structures,'' and we are inserting an effective date by 
which such structures would be covered under this provision.

Correction

    In proposed rule FR Doc. 2016-12744 beginning on page 36078 in the 
issue of June 3, 2016, make the following correction.


Sec.  226.226  [Corrected]

    On page 36101 in the third column, paragraph (d) of Sec.  226.226 
is corrected to read as follows:
    ``(d) Areas not Included in Critical Habitat. Pursuant to ESA 
section 3(5)(A)(i), critical habitat does not include areas containing 
existing (already constructed), as of [EFFECTIVE DATE OF FINAL RULE], 
federally authorized or permitted man-made structures where the 
physical features are not expected to be found, such as aids-to- 
navigation (ATONs), artificial reefs, boat ramps, docks, or pilings 
within the legal boundaries.''

    Dated: June 17, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-15045 Filed 6-27-16; 8:45 am]
BILLING CODE 3510-22-P



                                                      41926                    Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Proposed Rules

                                                      www.regulations.gov. In the Search box,                   You may submit your comments and                       Dated: June 20, 2016.
                                                      enter the docket number for the                         information concerning the proposed                    Stephen Guertin,
                                                      proposed rule, which is FWS–R5–ES–                      rule by one of the methods listed in                   Acting Director, U.S. Fish and Wildlife
                                                      2015–0001. Then click on the Search                     ADDRESSES. Before including your                       Service.
                                                      button. On the resulting page, you may                  address, phone number, email address,                  [FR Doc. 2016–15227 Filed 6–27–16; 8:45 am]
                                                      submit a comment by clicking on                         or other personal identifying                          BILLING CODE 4333–15–P
                                                      ‘‘Comment Now!’’ Please ensure that                     information in your comment, you
                                                      you have found the correct rulemaking                   should be aware that your entire
                                                      before submitting your comment.                         comment—including your personal                        DEPARTMENT OF COMMERCE
                                                         • By U.S. mail or hand delivery:                     identifying information—may be made
                                                      Public Comments Processing, Attn:                       publicly available at any time. All                    National Oceanic and Atmospheric
                                                      Docket No. FWS–R5–ES–2015–0001,                         comments and recommendations,                          Administration
                                                      U.S. Fish and Wildlife Service, MS:                     including names and addresses, will
                                                      BPHC, 5275 Leesburg Pike, Falls                         become part of the administrative                      50 CFR Part 226
                                                      Church, VA 22041–3803.                                  record.
                                                         We request that you send comments                                                                           [Docket No. 150817733–6519–02]
                                                                                                                If you submit information via http://
                                                      only by the methods described above.                                                                           RIN 0648–BF32
                                                                                                              www.regulations.gov, your entire
                                                      We will post all comments on http://
                                                      www.regulations.gov. This generally                     comment—including any personal                         Endangered and Threatened Species;
                                                      means that we will post any personal                    identifying information—will be posted                 Critical Habitat for the Endangered
                                                      information provided to us (see                         on the Web site. While you can ask us                  Carolina and South Atlantic Distinct
                                                      SUPPLEMENTARY INFORMATION for more
                                                                                                              in your comment to withhold your                       Population Segments of Atlantic
                                                      information).                                           personal identifying information from                  Sturgeon; Correction
                                                         Document availability: Comments and                  public review, we cannot guarantee that
                                                                                                              we will be able to do so.                              AGENCY:  National Marine Fisheries
                                                      materials we receive, as well as                                                                               Service (NMFS), National Oceanic and
                                                      supporting documentation we used in                       If you mail or hand deliver a                        Atmospheric Administration (NOAA),
                                                      preparing the proposed rule, will be                    hardcopy comment that includes                         Commerce.
                                                      available for public inspection on http://              personal identifying information, you
                                                                                                                                                                     ACTION: Proposed rule; correction.
                                                      www.regulations.gov under Docket No.                    may request at the top of your document
                                                      FWS–R5–ES–2015–0001.                                    that we withhold this information from                 SUMMARY:   NMFS published in the
                                                      FOR FURTHER INFORMATION CONTACT:                        public review, but we cannot guarantee                 Federal Register of June 3, 2016, a
                                                      Martin Miller, Northeast Regional                       that we will be able to do so. To ensure               document proposing to designate
                                                      Office, telephone 413–253–8615; or                      that the electronic docket for this                    critical habitat for the endangered
                                                      Mark McCollough, Maine Field Office,                    rulemaking is complete and all                         Carolina distinct population segment of
                                                      telephone 207–866–3344, extension                       comments we receive are publicly                       the Atlantic sturgeon (Carolina DPS of
                                                      115. Individuals who are hearing                        available, we will post all hardcopy                   Atlantic sturgeon) and the endangered
                                                      impaired or speech impaired may call                    submissions on http://                                 South Atlantic distinct population
                                                      the Federal Information Relay Service at                www.regulations.gov.                                   segment of the Atlantic sturgeon (South
                                                      (800) 877–8339 for TTY assistance 24                    Peer Review                                            Atlantic DPS of Atlantic sturgeon)
                                                      hours a day, 7 days a week.                                                                                    pursuant to section 4 of the Endangered
                                                      SUPPLEMENTARY INFORMATION: On June                         In accordance with our policy                       Species Act (ESA). This correction
                                                      17, 2015, we published a proposed rule                  published in the Federal Register on                   clarifies what types of man-made
                                                      (80 FR 34595) to remove the eastern                     July 1, 1994 (59 FR 34270), and the                    structures are not included in the
                                                      puma (=cougar) from the Federal List of                 Office of Management and Budget’s                      proposed designation.
                                                      Endangered and Threatened Wildlife                      Final Information Quality Bulletin for                 DATES: Comments on this proposal must
                                                      based on a thorough review of the best                  Peer Review, dated December 16, 2004,                  be received by September 1, 2016.
                                                      available scientific and commercial                     we are soliciting the expert opinions of               ADDRESSES: You may submit comments,
                                                      data, which indicate that this species is               at least three appropriate and                         identified by the docket number
                                                      extinct and no longer meets the                         independent specialists regarding the                  NOAA–NMFS–2015–0157, by either of
                                                      definition of an endangered or a                        science in our proposed rule published                 the following methods:
                                                      threatened species under the                            on June 17, 2015 (80 FR 34595). The                       • Electronic Submissions: Submit all
                                                      Endangered Species Act of 1973, as                      purpose of such review is to ensure that               electronic public comments via the
                                                      amended (16 U.S.C. 1531 et seq.). We                    we base our decisions on scientifically                Federal eRulemaking Portal. Go to
                                                      sought comments and information from                    sound data, assumptions, and analyses.                 www.regulations.gov/
                                                      the public regarding the proposal during                We are sending peer reviewers copies of                #!docketDetail;D=NOAA-NMFS-2015-
                                                      a 60-day comment period ending                          the proposed rule and inviting them to                 0157 click the ‘‘Comment Now’’ icon,
                                                      August 17, 2015. We are reopening the                   comment, during this reopened public                   complete the required fields, and enter
                                                      comment period on that proposed rule                    comment period, on the specific                        or attach your comments.
                                                      for an additional 30 days (see DATES,                   assumptions and conclusions regarding                     • Mail: Assistant Regional
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      above). We will accept written                          the proposed delisting. We will                        Administrator, Protected Resources
                                                      comments and information during this                    summarize the opinions of these                        Division, NMFS, Southeast Regional
                                                      reopened comment period. We are                         reviewers in the final decision                        Office, 263 13th Avenue South, St.
                                                      specifically soliciting comments from                   document, and we will consider their                   Petersburg, FL 33701. Instructions: You
                                                      peer reviewers (see Peer Review, below).                input and any additional information                   must submit comments by one of the
                                                      Please refer to the proposed rule for                   we receive as part of our process of                   above methods to ensure that we
                                                      more information on our proposed                        making a final decision on the proposal.               receive, document, and consider them.
                                                      action and the specific comments and                    Such communication may lead to a final                 Comments sent by any other method, to
                                                      information we seek.                                    decision that differs from the proposal.               any other address or individual, or


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                                                                               Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Proposed Rules                                                 41927

                                                      received after the end of the comment                   Correction                                             June 3, 2016, make the following
                                                      period, may not be considered. All                        The proposed rule that published in                  correction.
                                                      comments received are a part of the                     the Federal Register on June 3, 2016 (81               § 226.226   [Corrected]
                                                      public record and will generally be                     FR 36078), contained misleading
                                                      posted to http://www.regulations.gov                    language regarding what areas were not                    On page 36101 in the third column,
                                                      without change. All Personal Identifying                to be considered part of the proposed                  paragraph (d) of § 226.226 is corrected
                                                      Information (for example, name,                         designation. The original language                     to read as follows:
                                                      address, etc.) voluntarily submitted by                 inadvertently identified ‘‘marinas’’ and                  ‘‘(d) Areas not Included in Critical
                                                      the commenter may be publicly                           ‘‘maintained channels’’ as examples of                 Habitat. Pursuant to ESA section
                                                      accessible. Do not submit Confidential                  areas not included. Because marinas                    3(5)(A)(i), critical habitat does not
                                                      Business Information or otherwise                       and maintained channels may contain                    include areas containing existing
                                                      sensitive or protected information.                     the physical features essential for the                (already constructed), as of [EFFECTIVE
                                                      NMFS will accept anonymous                              conservation of the species, these areas               DATE OF FINAL RULE], federally
                                                      comments (enter ‘‘N/A’’ in the required                 should be included in critical habitat.                authorized or permitted man-made
                                                      fields if you wish to remain                            Further, the original language did not                 structures where the physical features
                                                      anonymous).                                             specify a date by which such structures                are not expected to be found, such as
                                                                                                              would have to be in place to be                        aids-to- navigation (ATONs), artificial
                                                      FOR FURTHER INFORMATION CONTACT:                        considered ‘‘existing’’. Therefore, we are             reefs, boat ramps, docks, or pilings
                                                      Jason Rueter, NMFS, Southeast Regional                  clarifying what is meant by the term                   within the legal boundaries.’’
                                                      Office, 727–824–5312, Jason.Rueter@                     ‘‘man-made structures,’’ and we are
                                                                                                                                                                       Dated: June 17, 2016.
                                                      noaa.gov; Andrew Herndon, Southeast                     inserting an effective date by which
                                                                                                              such structures would be covered under                 Samuel D. Rauch III,
                                                      Regional Office, 727–824–5312,
                                                                                                              this provision.                                        Deputy Assistant Administrator for
                                                      Andrew.Herndon@noaa.gov; Lisa                                                                                  Regulatory Programs, National Marine
                                                      Manning, NMFS, Office of Protected                      Correction                                             Fisheries Service.
                                                      Resources, 301–427–8466,                                  In proposed rule FR Doc. 2016–12744                  [FR Doc. 2016–15045 Filed 6–27–16; 8:45 am]
                                                      Lisa.Manning@noaa.gov.                                  beginning on page 36078 in the issue of                BILLING CODE 3510–22–P
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




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Document Created: 2016-06-28 00:53:19
Document Modified: 2016-06-28 00:53:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; correction.
DatesComments on this proposal must be received by September 1, 2016.
ContactJason Rueter, NMFS, Southeast Regional Office, 727-824-5312, [email protected]; Andrew Herndon, Southeast Regional Office, 727-824-5312, [email protected]; Lisa Manning, NMFS, Office of Protected Resources, 301-427-8466, [email protected]
FR Citation81 FR 41926 
RIN Number0648-BF32

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