82_FR_29966 82 FR 29841 - Endangered and Threatened Species; Listing and Recovery Priority Guidelines

82 FR 29841 - Endangered and Threatened Species; Listing and Recovery Priority Guidelines

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 125 (June 30, 2017)

Page Range29841-29842
FR Document2017-13714

On May 31, 2017, we, NMFS, published a notice of availability to revise the Recovery Plan Preparation and Implementation Priorities and Recovery Plans contained in the 1990 Listing and Recovery Priority Guidelines. We opened a public comment period that lasted through June 30, 2017. We received several requests to extend the public comment period. Thus, we are extending the period through August 28, 2017.

Federal Register, Volume 82 Issue 125 (Friday, June 30, 2017) 
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29841-29842]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13714]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF282


Endangered and Threatened Species; Listing and Recovery Priority 
Guidelines

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

ACTION: Notice of availability; extension of comment period.

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SUMMARY: On May 31, 2017, we, NMFS, published a notice of availability 
to revise the Recovery Plan Preparation and Implementation Priorities 
and Recovery Plans contained in the 1990 Listing and Recovery Priority 
Guidelines. We opened a public comment period that lasted through June 
30, 2017. We received several requests to extend the public comment 
period. Thus, we are extending the period through August 28, 2017.

DATES: Comments on the proposed revision must be received by close of 
business on August 28, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0020 by either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/

[[Page 29842]]

#!docketDetail;D=NOAA-NMFS-2017-0020. Click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Therese Conant, National 
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 
20910.
    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 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 for public viewing on http://www.regulations.gov without change. 
All personal identifying information (e.g., name, address, etc.), 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible. We 
will accept anonymous comments (enter ``N/A'' in the required fields if 
you wish to remain anonymous).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(f) of the Endangered Species Act (ESA) (16 U.S.C. 
1533(f)) requires the Secretary to develop recovery plans for all 
species listed pursuant to the ESA, unless he/she finds that such a 
plan will not promote the recovery of the species. Section 4(h) of the 
ESA requires the Secretary to establish a system for developing and 
implementing, on a priority basis, recovery plans under Section 4(f). 
We finalized guidance for prioritizing recovery plan development and 
implementation on June 15, 1990 (55 FR 24296). However, through our 
application of the Recovery Plan Preparation and Implementation 
Priorities and Recovery Plans (see parts `B' and `C' 55 FR 24296; June 
15, 1990), we have determined that the guidelines contain vague 
definitions and lack sufficient detail regarding factors that should be 
considered when evaluating threats and recovery potential. For these 
reasons, we published, on May 31, 2017 (82 FR 24944), proposed 
revisions to the Recovery Plan Preparation and Implementation 
Priorities and Recovery Plan parts of the 1990 Listing and Recovery 
Priority Guidelines. We solicited comments on the proposed revision to 
be submitted by June 30, 2017. On June 14 and June 16, 2017, we 
received requests to extend the public comment period by an additional 
30 days and 90 days, respectively. Thus, we are extending the public 
comment period through August 28, 2017. Previously submitted comments 
do not need to be resubmitted.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: June 26, 2017.
Catherine Marzin,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2017-13714 Filed 6-29-17; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices 29841 record,6 but were identified as part of a expenses, and profit, was also not Weighted- Freedom of Information Act (FOIA) warranted. In addition, the Department average request filed by Zhejiang. removed sales corresponding to the Exporter dumping At the same time that Zhejiang margin critical circumstances period and (percent) challenged the Department’s Final recalculated the antidumping duty Results as amended, litigation margin. Specifically, the Department Zhejiang Native Produce & concerning the Department’s final calculated a margin of 67.06 percent ad Animal By-Products Import determination of critical circumstances valorem for Zhejiang’s sales of honey & Export Corp. .................. 67.06 in the less than fair value investigation from the PRC for the period of May 11, of honey from the PRC ensued.7 In light In the event the Court’s ruling is not 2001, to November 30, 2002.11 appealed, or if appealed and upheld by of the fact that the POR for the first administrative review was, in part, On June 1, 2017, the CIT sustained the the CAFC, the Department will instruct based on the Department’s finding of Department’s Final Redetermination in CBP to assess antidumping duties on critical circumstances in the its entirety.12 entries of the subject merchandise investigation, the CIT stayed further exported by Zhejiang using the revised Timken Notice assessment rate calculated by the action pending the outcome of the litigation relating to the investigation. In its decision in Timken,13 as Department in the Final The CIT affirmed the Department’s clarified by Diamond Sawblades,14 the Redetermination. finding on remand of no critical United States Court of Appeals for the Notification to Interested Parties circumstances on June 18, 2013.8 Federal Circuit (CAFC) held that, On August 3, 2015, the CIT remanded This notice is issued and published in pursuant to sections 516A(c) and (e) of accordance with sections 516A(e)(1), this case to the Department. the Act, the Department must publish a Specifically, the Court: (1) Granted the 751(a)(1), and 777(i)(1) of the Act. notice of a court decision that is not ‘‘in Department’s request for a voluntary Dated: June 23, 2017. harmony’’ with a Department remand to reconsider the issues related Ronald K. Lorentzen, determination and must suspend to the surrogate value for raw honey; (2) Acting Assistant Secretary for Enforcement liquidation of entries pending a and Compliance. remanded the issue of the selection of the appropriate financial statements; ‘‘conclusive’’ court decision. The CIT’s [FR Doc. 2017–13791 Filed 6–29–17; 8:45 am] and (3) requested that the Department June 1, 2017, judgment in Zhejiang III, BILLING CODE 3510–DS–P recalculate Zhejiang’s dumping margin sustaining the Department’s decision in to reflect the different POR resulting the Final Redetermination to re- from the decision in Zhejiang Native calculate the dumping margin for DEPARTMENT OF COMMERCE Produce & Animal By-Products Import Zhejiang from 67.70 percent to 67.06 & Export Corp. v. United States, Court percent, constitutes a final decision of National Oceanic and Atmospheric No. 02–00057. the court that is not in harmony with Administration The Department released a draft the Amended Final Results. This notice RIN 0648–XF282 redetermination on December 31, 2015, is published in fulfillment of the and invited comments from parties.9 publication requirements of Timken. Endangered and Threatened Species; The Department released a final Accordingly, the Department will issue Listing and Recovery Priority redetermination on February 10, 2016.10 liquidation instructions to U.S. Customs Guidelines In the Final Redetermination, consistent and Border Protection (CBP) to liquidate AGENCY: National Marine Fisheries with the Court’s instructions and after a entries of honey from the PRC exported Service (NMFS), National Oceanic and review of information on the record and to or imported into the United States by Atmospheric Administration (NOAA), comments from interested parties, the Zhejiang at the rate of 67.06 percent ad Commerce. Department found that a change in the valorem pending expiration of the ACTION: Notice of availability; extension surrogate value for raw honey was not period to appeal or, if appealed, of comment period. warranted and that a change in the pending a final and conclusive court financial statements for calculating decision. SUMMARY: On May 31, 2017, we, NMFS, surrogate values for factory overhead, published a notice of availability to selling, general and administrative Second Amended Final Results revise the Recovery Plan Preparation Because there is now a final court and Implementation Priorities and 6 See Letter to All Interested Parties, dated decision, the Department amends the Recovery Plans contained in the 1990 October 21, 2015, at Attachment I, citing to Amended Public Record 121–131, Ct. No. 04–268; Amended Final Results with respect to Listing and Recovery Priority see also Amendment to Administrative Record in Guidelines. We opened a public the dumping margin of Zhejiang. The Zhejiang Native Produce and Animal By-Products comment period that lasted through Import and Export Corp v. United States, Court No revised weighted-average dumping June 30, 2017. We received several 04–00268, dated November 19, 2004. margin for Zhejiang during the period requests to extend the public comment 7 See Zhejiang Native Produce & Animal By- May 11, 2001, to November 30, 2002, is period. Thus, we are extending the Products Import & Export Corp. v. United States, as follows: Court No. 02–00057, 25 ITRD (BNA) 2394 (CIT period through August 28, 2017. November 21, 2003); 26 ITRD (BNA) 2320 (CIT DATES: Comments on the proposed August 26, 2004). 11 See Final Redetermination at 29–30. revision must be received by close of mstockstill on DSK30JT082PROD with NOTICES 8 See Zhejiang Native Produce & Animal By- 12 See Zhejiang Native Produce & Animal By- Products Import & Export Corp. v. United States, Products Import & Export Corp. v. United States, business on August 28, 2017. 2013 WL 2996235, Slip Op. 13–76 (CIT 2013). Court No. 04–00268, dated June 1, 2017 (Zhejiang ADDRESSES: You may submit comments 9 See Letter to All Interested Parties, dated III). on this document, identified by NOAA– December 31, 2015 (Draft Redetermination). 13 See Timken Co. v. United States, 893 F.2d 337, NMFS–2017–0020 by either of the 10 See Zhejiang Native Produce & Animal By- 341 (Fed. Cir. 1990) (Timken). Products Import & Export Corp. v. United States, 14 See Diamond Sawblades Mfrs. Coalition v. following methods: Court No. 04–00268, dated February 10, 2016 (Final United States, 626 F.3d 1374 (Fed. Cir. 2010) • Federal e-Rulemaking Portal: Go to Redetermination). (Diamond Sawblades). www.regulations.gov/ VerDate Sep<11>2014 17:32 Jun 29, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1

29842 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices #!docketDetail;D=NOAA-NMFS-2017- Previously submitted comments do not received are a part of the public record 0020. Click the ‘‘Comment Now!’’ icon, need to be resubmitted. and will generally be posted for public complete the required fields, and enter Authority: 16 U.S.C. 1531 et seq. viewing on www.regulations.gov or attach your comments. without change. All personal identifying • Mail: Submit written comments to Dated: June 26, 2017. information (e.g., name, address), Therese Conant, National Marine Catherine Marzin, confidential information, or otherwise Fisheries Service, 1315 East-West Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service. sensitive information submitted Highway, Silver Spring, MD 20910. voluntarily by the sender will be Instructions: You must submit [FR Doc. 2017–13714 Filed 6–29–17; 8:45 am] publicly accessible. NMFS will accept comments by one of the above methods BILLING CODE 3510–22–P to ensure that we receive, document, anonymous comments (enter ‘‘N/A’’ in and consider them. Comments sent by the required fields if you wish to remain any other method, to any other address DEPARTMENT OF COMMERCE anonymous). or individual, or received after the end FOR FURTHER INFORMATION CONTACT: of the comment period, may not be National Oceanic and Atmospheric Verena Gill, NMFS Alaska Region, (907) considered. All comments received are Administration 271–1937, verena.gill@noaa.gov. a part of the public record and will RIN 0648–XF425 generally be posted for public viewing SUPPLEMENTARY INFORMATION: Section on http://www.regulations.gov without Endangered and Threatened Species; 4(c)(2)(A) of the ESA requires that we change. All personal identifying Initiation of 5-Year Review for the conduct a review of listed species at information (e.g., name, address, etc.), North Pacific Right Whale least once every five years. The confidential business information, or regulations in 50 CFR 424.21 require otherwise sensitive information AGENCY: National Marine Fisheries that we publish a notice in the Federal submitted voluntarily by the sender will Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Register announcing species currently be publicly accessible. We will accept under active review. This notice anonymous comments (enter ‘‘N/A’’ in Commerce. announces our active review of North the required fields if you wish to remain ACTION: Notice of initiation of 5-year review; request for information. Pacific right whales, currently listed as anonymous). endangered. To ensure that the 5-year SUPPLEMENTARY INFORMATION: SUMMARY: NMFS announces a 5-year review is complete and based on the Background review of the North Pacific right whale best available scientific and commercial (Eubalaena japonica) under the information, we are soliciting new Section 4(f) of the Endangered Species Endangered Species Act of 1973 (ESA), information from the public, Act (ESA) (16 U.S.C. 1533(f)) requires as amended. A 5-year review must be governmental agencies, Tribes, the the Secretary to develop recovery plans based on the best scientific and scientific community, industry, for all species listed pursuant to the commercial data available at the time of environmental entities, and any other ESA, unless he/she finds that such a the review; therefore, we are requesting interested parties concerning the status plan will not promote the recovery of submission of any such information on of North Pacific right whales. Categories the species. Section 4(h) of the ESA requires the Secretary to establish a these whales that has become available of requested information include: (1) system for developing and since the last status review in 2012. Species biology and demographics implementing, on a priority basis, DATES: To allow us adequate time to (population trends, distribution, recovery plans under Section 4(f). We conduct this review, we must receive abundance, genetics, etc.); (2) habitat finalized guidance for prioritizing your information no later than July 31, conditions (amount, distribution, recovery plan development and 2017. However, we will continue to suitability, quality, etc.); (3) implementation on June 15, 1990 (55 FR accept new information about any listed conservation measures that have been 24296). However, through our species at any time. implemented that benefit the species; application of the Recovery Plan ADDRESSES: You may submit comments (4) status and trends of threats; and (5) Preparation and Implementation on this document, identified by NOAA– other new information, data, or Priorities and Recovery Plans (see parts NMFS–2017–0046, by either of the corrections including, but not limited ‘B’ and ‘C’ 55 FR 24296; June 15, 1990), following methods: • Electronic Submission: Submit all to, taxonomic or nomenclatural changes, we have determined that the guidelines electronic public comments via the identification of erroneous information contain vague definitions and lack sufficient detail regarding factors that Federal e-Rulemaking Portal. Go to contained in the list of threatened and should be considered when evaluating www.regulations.gov/ endangered species, and improved threats and recovery potential. For these #!docketDetail;D=NOAA-NMFS-2017- analytical methods, if any. Any new reasons, we published, on May 31, 2017 0046, click the ‘‘Comment Now!’’ icon, information will be considered during (82 FR 24944), proposed revisions to the complete the required fields, and enter the 5-year review and will also be useful Recovery Plan Preparation and or attach your comments. in evaluating the ongoing recovery Implementation Priorities and Recovery • Mail: Submit written comments to programs for these whales. Plan parts of the 1990 Listing and Jon Kurland, Assistant Regional Authority: 16 U.S.C. 1531 et seq. Recovery Priority Guidelines. We Administrator for Protected Resources, solicited comments on the proposed Alaska Region NMFS, Attn: Ellen Dated: June 26, 2017. mstockstill on DSK30JT082PROD with NOTICES revision to be submitted by June 30, Sebastian. Mail comments to P.O. Box Catherine Marzin, 2017. On June 14 and June 16, 2017, we 21668, Juneau, AK 99802–1668. Acting Deputy Director, Office of Protected received requests to extend the public Instructions: Comments sent by any Resources, National Marine Fisheries Service. comment period by an additional 30 other method, to any other address or [FR Doc. 2017–13701 Filed 6–29–17; 8:45 am] days and 90 days, respectively. Thus, individual, or received after the end of BILLING CODE 3510–22–P we are extending the public comment the comment period, may not be period through August 28, 2017. considered by NMFS. All comments VerDate Sep<11>2014 17:32 Jun 29, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4703 Sfmt 9990 E:\FR\FM\30JNN1.SGM 30JNN1


Document Created: 2017-06-30 06:01:57
Document Modified: 2017-06-30 06:01:57
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 of availability; extension of comment period.
DatesComments on the proposed revision must be received by close of business on August 28, 2017.
FR Citation82 FR 29841 
RIN Number0648-XF28
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