82 FR 10285 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for Rusty Patched Bumble Bee

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 27 (February 10, 2017)

Page Range		10285-10286
FR Document		2017-02865

In accordance with a January 20, 2017, memo from the White House, we, the U.S. Fish and Wildlife Service, are delaying the effective date of a rule we published on January 11, 2017.

Federal Register, Volume 82 Issue 27 (Friday, February 10, 2017)

[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Rules and Regulations]
[Pages 10285-10286]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02865]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2015-0112; 4500030113]
RIN 1018-BB66


Endangered and Threatened Wildlife and Plants; Endangered Species 
Status for Rusty Patched Bumble Bee

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with a January 20, 2017, memo from the White 
House, we, the U.S. Fish and Wildlife Service, are delaying the 
effective date of a rule we published on January 11, 2017.

DATES: The effective date of the rule that published on January 11, 
2017, at 82 FR 3186, is delayed from February 10, 2017, to March 21, 
2017.

FOR FURTHER INFORMATION CONTACT: Peter Fasbender, Field Supervisor, 
U.S. Fish and Wildlife Service, Twin Cities Ecological Services Field 
Office, 4101 American Blvd. E., Bloomington, MN 55425; by telephone 
952-252-0092, extension 210. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Relay Service at 800-
877-8339.

SUPPLEMENTARY INFORMATION: On January 11, 2017, we published a rule to 
list the rusty patched bumble bee (Bombus affinis), a species that 
occurs in the eastern and Midwestern United States and Ontario, Canada, 
as an endangered species under the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.). The rule was to be effective on 
February 10, 2017.
    On January 20, 2017, the White House issued a memo instructing 
Federal

[[Page 10286]]

agencies to temporarily postpone the effective date for 60 days after 
January 20, 2017, of any regulations that have published in the Federal 
Register but not yet taken effect, for the purpose of ``reviewing 
questions of fact, law, and policy they raise.'' We are, therefore, 
delaying the effective date of our rule published on January 11, 2017, 
at 82 FR 3186 (see DATES, above).

Administrative Procedure Act

    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). Alternatively, our implementation 
of this action without opportunity for public comment, effective 
immediately upon publication in the Federal Register, is based on the 
good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Pursuant to 
5 U.S.C. 553(b)(B), we have determined that good cause exists to forgo 
the requirement to provide prior notice and an opportunity for public 
comment thereon for this rule as such procedures would be 
impracticable, unnecessary, and contrary to the public interest. We are 
temporarily postponing for 60 days after January 20, 2017, the 
effective date of this regulation pursuant to the previously noted 
memorandum from the White House. As a result, seeking public comment on 
this delay is unnecessary and contrary to the public interest. For 
these same reasons, we find good cause to waive the 30-day delay in 
effective date provided for in 5 U.S.C. 553(d).

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.

    Dated: February 7, 2017.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-02865 Filed 2-9-17; 8:45 am]
BILLING CODE 4333-15-P

Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Rules and Regulations 10285

§ 1627.5 Applicability of restrictions, in 45 CFR part 1610 apply only to the PART 1630—COST STANDARDS AND
recordkeeping, and recipient priorities; subgranted property or services PROCEDURES
private attorney involvement subgrants. acquired in whole or in part with LSC
(a) Applicability of restrictions. The funds when the subrecipient is a bar ■ 11. In newly transferred and
prohibitions and requirements set forth association, pro bono program, private redesignated § 1630.16, revise the
in 45 CFR part 1610 apply both to the attorney or law firm, or other entity that section heading to read as follows:
subgrant and to the subrecipient’s non- receives a subgrant for the sole purpose
LSC funds, except as modified by § 1630.16 Tax sheltered annuities,
of: retirement accounts, and pensions.
paragraphs (b), (c), and (d) of this
section. (i) Conducting private attorney * * * * *
(b) Priorities. Subrecipients must involvement activities (PAI) pursuant to Dated: February 6, 2017.
either: 45 CFR part 1614; or
Stefanie K. Davis,
(1) Use the subgrant consistent with (ii) Providing legal information or Assistant General Counsel.
the recipient’s priorities; or legal assistance on a pro bono or [FR Doc. 2017–02718 Filed 2–9–17; 8:45 am]
(2) Establish their own priorities for reduced fee basis to individuals who BILLING CODE 7050–01–P
the use of the subgrant consistent with have been screened and found eligible
45 CFR part 1620. to receive legal assistance from an LSC
(c) Recordkeeping. A recipient must recipient.
be able to account for how its DEPARTMENT OF THE INTERIOR
subrecipients spend LSC funds or use (3) Treatment of non-LSC funds. Any
property or services funded in whole or funds or property or services acquired Fish and Wildlife Service
in part with LSC funds. A subrecipient in whole or in part with LSC funds and
must provide to the recipient records as used by a recipient as payment for a PAI 50 CFR Part 17
described in paragraphs (c)(1) and (2) of subgrant are deemed LSC funds for
[Docket No. FWS–R3–ES–2015–0112;
this section. purposes of this paragraph (d). 4500030113]
(1) A subrecipient that handles (4) Recordkeeping exception. The
matters as defined at 45 CFR 1635.2(b) RIN 1018–BB66
recordkeeping requirement in paragraph
must maintain adequate records to (c) of this section does not apply to Endangered and Threatened Wildlife
demonstrate that its attorneys and private attorneys providing legal and Plants; Endangered Species
paralegals used the LSC funds or assistance on a pro bono or reduced fee Status for Rusty Patched Bumble Bee
property or services funded in whole or basis.
in part with LSC funds: AGENCY: Fish and Wildlife Service,
(i) To carry out the activities § 1627.6 Transfers to other recipients. Interior.
described in the subgrant agreement; (a) The requirements of this part ACTION: Final rule; delay of effective
and apply to all subgrants from one recipient date.
(ii) Consistent with the restrictions set
to another recipient.
forth at 45 CFR part 1610. SUMMARY: In accordance with a January
(2) A subrecipient that handles cases (b) The subrecipient must audit any 20, 2017, memo from the White House,
as defined at 45 CFR 1635.2(a): funds or property or services acquired we, the U.S. Fish and Wildlife Service,
(i) Must require its attorneys and in whole or in part with LSC funds are delaying the effective date of a rule
paralegals to maintain records for each provided by the recipient under a we published on January 11, 2017.
case that show the amount of time spent subgrant in its annual audit and supply DATES: The effective date of the rule that
on the case and the activity conducted a copy of this audit to the recipient. The published on January 11, 2017, at 82 FR
by date, and a unique client name or recipient must either submit the 3186, is delayed from February 10,
case number; and relevant part of this audit with its next 2017, to March 21, 2017.
(ii) Either the subrecipient or the annual audit or, if an audit has been
recipient must maintain records for each FOR FURTHER INFORMATION CONTACT:
recently submitted, submit it as an
case that show the problem type and the Peter Fasbender, Field Supervisor, U.S.
addendum to that recently submitted
closing code for the case. Fish and Wildlife Service, Twin Cities
audit.
(iii) This requirement does not apply Ecological Services Field Office, 4101
(c) In addition to the provisions of American Blvd. E., Bloomington, MN
to subrecipients described in paragraph
(d)(2)(ii) of this section. § 1627.4(c)(3), LSC may hold the 55425; by telephone 952–252–0092,
(3) A subrecipient who handles both recipient responsible for any disallowed extension 210. Persons who use a
cases and matters must maintain the expenditures of subgrant funds. Thus, telecommunications device for the deaf
types of records described in paragraphs LSC may recover all of the disallowed (TDD) may call the Federal Relay
(c)(1) and (2). costs from either the recipient or the Service at 800–877–8339.
(d) Subgrants for engaging private subrecipient or may divide the recovery SUPPLEMENTARY INFORMATION: On
attorneys—(1) Subgrants of funds. The between the two. LSC’s total recovery January 11, 2017, we published a rule to
prohibitions and requirements set forth may not exceed the amount of list the rusty patched bumble bee
in 45 CFR part 1610 apply only to the expenditures disallowed. (Bombus affinis), a species that occurs
subgranted funds when the subrecipient in the eastern and Midwestern United
§ 1627.7 Recipient policies, procedures
is a bar association, pro bono program, and recordkeeping.
States and Ontario, Canada, as an
endangered species under the
rmajette on DSK2TPTVN1PROD with RULES

private attorney or law firm, or other
entity that receives a subgrant for the Each recipient must adopt written Endangered Species Act of 1973, as
sole purpose of funding private attorney policies and procedures to guide its staff amended (16 U.S.C. 1531 et seq.). The
involvement activities (PAI) pursuant to in complying with this part and must rule was to be effective on February 10,
45 CFR part 1614. maintain records sufficient to document 2017.
(2) In-kind subgrants. The the recipient’s compliance with this On January 20, 2017, the White House
prohibitions and requirements set forth part. issued a memo instructing Federal

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10286 Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Rules and Regulations

agencies to temporarily postpone the DEPARTMENT OF COMMERCE Columbia River in Washington and
effective date for 60 days after January Oregon.
20, 2017, of any regulations that have National Oceanic and Atmospheric
Administration Purpose and Need for This Regulatory
published in the Federal Register but Action
not yet taken effect, for the purpose of
‘‘reviewing questions of fact, law, and 50 CFR Part 217 NMFS received an application from
policy they raise.’’ We are, therefore, the Corps requesting five-year
[Docket No. 160405311–6999–02]
regulations and authorization to take
delaying the effective date of our rule
RIN 0648–BF95 multiple species of marine mammals.
published on January 11, 2017, at 82 FR
We anticipate take to occur in the
3186 (see DATES, above). Taking and Importing Marine vicinity of the MCR Jetty System by
Administrative Procedure Act Mammals; Taking Marine Mammals Level B harassment incidental to the use
Incidental to Rehabilitation of the Jetty of vibratory pile driving and pedestrian
To the extent that 5 U.S.C. 553 applies System at the Mouth of the Columbia surveys of the jetties. This regulation is
to this action, it is exempt from notice River: Jetty A, North Jetty, and South valid for five years from the date of
and comment because it constitutes a Jetty, in Washington and Oregon issuance. Please see ‘‘Background’’ later
rule of procedure under 5 U.S.C. AGENCY: National Marine Fisheries in this document for definitions of
553(b)(A). Alternatively, our Service (NMFS), National Oceanic and harassment.
implementation of this action without Atmospheric Administration (NOAA), Section 101(a)(5)(A) of the MMPA (16
opportunity for public comment, Commerce. U.S.C. 1361 et seq.) directs the Secretary
effective immediately upon publication of Commerce to allow, upon request, the
ACTION: Final rule.
in the Federal Register, is based on the incidental, but not intentional taking of
good cause exceptions in 5 U.S.C. SUMMARY: NMFS, upon request of the small numbers of marine mammals by
553(b)(B) and 553(d)(3). Pursuant to 5 U.S. Army Corps of Engineers (Corps), U.S. citizens who engage in a specified
U.S.C. 553(b)(B), we have determined hereby issues a regulation to govern the activity (other than commercial fishing)
that good cause exists to forgo the unintentional taking of marine within a specified geographical region
requirement to provide prior notice and mammals incidental to the if, after notice and public comment, the
rehabilitation of the Jetty System at the agency makes certain findings and
an opportunity for public comment
Mouth of the Columbia River (MCR), issues regulations. This regulation
thereon for this rule as such procedures
over the course of five years. This contains mitigation, monitoring, and
would be impracticable, unnecessary,
regulation, which allows for the reporting requirements.
and contrary to the public interest. We
issuance of a Letter of Authorization Legal Authority for the Regulatory
are temporarily postponing for 60 days
(LOA) for the incidental take of marine Action
after January 20, 2017, the effective date mammals during the described activities
of this regulation pursuant to the and specified timeframes, prescribes the Section 101(a)(5)(A) of the MMPA and
previously noted memorandum from the permissible methods of taking and other the implementing regulations at 50 CFR
White House. As a result, seeking public means of effecting the least practicable part 216, subpart I provide the legal
comment on this delay is unnecessary adverse impact on marine mammal basis for issuing the five-year
and contrary to the public interest. For species or stocks and their habitat, as regulations and any subsequent Letters
these same reasons, we find good cause well as requirements pertaining to the of Authorization.
to waive the 30-day delay in effective monitoring and reporting of such taking. Summary of Major Provisions Within
date provided for in 5 U.S.C. 553(d). DATES: Effective May 1, 2017, through the Final Regulation
Authority: 16 U.S.C. 1361–1407; 1531– April 30, 2022. The following provides a summary of
1544; and 4201–4245, unless otherwise ADDRESSES: An electronic copy of the some of the major provisions within this
noted. application, containing a list of regulation for the MCR Jetty System
Dated: February 7, 2017. references used in this document, and rehabilitation project. We have
the associated Environmental determined that the Corps’ adherence to
James W. Kurth,
Assessment (EA) and Finding of No the mitigation, monitoring, and
Acting Director, U.S. Fish and Wildlife Significant Impact (FONSI) may be
Service. reporting measures listed later in this
obtained by telephoning the contact regulation would achieve the least
[FR Doc. 2017–02865 Filed 2–9–17; 8:45 am] listed below (see FOR FURTHER practicable adverse impact on the
BILLING CODE 4333–15–P INFORMATION CONTACT), or visiting the affected marine mammals. They
internet at: http://www.nmfs.noaa.gov/ include:
pr/permits/incidental.htm. • Establishment and monitoring of
FOR FURTHER INFORMATION CONTACT: Rob shutdown zones to reduce likelihood of
Pauline, Office of Protected Resources, injury to marine mammals;
NMFS, (301) 427–8401. • Establishment and monitoring of
SUPPLEMENTARY INFORMATION: Level B harassment zones or zones of
influence (ZOI) to record instances of
Executive Summary behavioral harassment;
This regulation, issued under the • Implementation of hydroacoustic
Marine Mammal Protection Act
rmajette on DSK2TPTVN1PROD with RULES

monitoring plan to ensure that
(MMPA) (16 U.S.C. 1361 et seq.), shutdown zones and ZOIs have been
establishes a framework for authorizing delineated appropriately; and
the take of marine mammals incidental • Shutdown between May 1 and July
to the Corps’ rehabilitation of the Jetty 1 when killer whales are sighted within
System, including Jetty A, North Jetty the ZOIs to avoid take of Southern
and South Jetty at the Mouth of the Resident killer whales which are listed

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Document Created: 2017-02-11 18:15:27
Document Modified: 2017-02-11 18:15:27

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		Rules and Regulations
Action		Final rule; delay of effective date.
Dates		The effective date of the rule that published on January 11, 2017, at 82 FR 3186, is delayed from February 10, 2017, to March 21, 2017.
Contact		Peter Fasbender, Field Supervisor, U.S. Fish and Wildlife Service, Twin Cities Ecological Services Field Office, 4101 American Blvd. E., Bloomington, MN 55425; by telephone 952-252-0092, extension 210. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800- 877-8339.
FR Citation		82 FR 10285
RIN Number		1018-BB66

82 FR 10285 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for Rusty Patched Bumble Bee

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 27 (February 10, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service