83 FR 36752 - Air Plan Approval; Washington; Regional Haze Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 147 (July 31, 2018)
Federal Register Volume 83, Issue 147 (July 31, 2018)
| Page Range | 36752-36755 | |
| FR Document | 2018-16266 |
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)] [Rules and Regulations] [Pages 36752-36755] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16266] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2018-0001; FRL-9981-50-Region 10] Air Plan Approval; Washington; Regional Haze Progress Report AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the regional haze State Implementation Plan (SIP) submitted by Washington on November 6, 2017. Washington submitted its Regional Haze Progress Report (``progress report'' or ``report'') and a negative declaration stating that further revision of the existing regional haze SIP is not needed at this time. [[Page 36753]] Washington submitted both the progress report and the negative declaration in the form of implementation plan revisions as required by federal regulations. The progress report addresses the federal Regional Haze Rule requirements under the Clean Air Act to submit a report describing progress in achieving reasonable progress goals established for regional haze and a determination of the adequacy of the state's existing plan addressing regional haze. DATES: This final rule is effective August 30, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2018-0001. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., CBI or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and is publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, or [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to the EPA. I. Background Information On May 31, 2018, the EPA proposed to approve Washington's Regional Haze Progress Report (83 FR 24954). An explanation of the Clean Air Act requirements, a detailed analysis of the submittal, and the EPA's reasons for proposing approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for the proposal ended July 2, 2018. II. Response to Comments We received six comments on the rulemaking. After reviewing the comments, we have determined that four of the comments are outside the scope of our proposed action and fail to identify any material issue necessitating a response. The fifth and sixth comments, submitted by TransAlta Centralia Generation LLC (TransAlta) and an anonymous commenter, are described below. Comment 0012: In its comment, TransAlta stated: ``We write to comment on the future operations of TransAlta's Centralia Power Plant in the Regional Haze 5-Year Progress Report. The Progress Report and its supporting documents describe the `retirement' or `closure' of TransAlta's Centralia Power Plant in reference to reducing emissions and impacts. However, TransAlta and a number of other parties have always anticipated that when the Centralia Power Plant ceases coal- fired operations, it would likely convert one or both boilers to use gas instead of coal. Rather than shuttering the plant, TransAlta envisions retrofitting the facility to accommodate fuel-switching to natural gas as a means to supply power for Washington State until renewable energy is reliably sufficient. TransAlta estimates a reduction in emissions as a result of this fuel-switching, but does not anticipate ceasing operations or closing the Centralia Power Plant.'' TransAlta then requested that the EPA make specific wording changes to the narrative text of the state's progress report, and supporting documents, to reflect this position. Comment 0013: Purportedly in response to TransAlta's Comment 0012, an anonymous commenter stated: ``The agreement to close a plant means that it is CLOSED. The last minute attempt to re-engineer the plant to burn a different type of fossil fuel is a contradiction of the plan.'' Response: Under the Clean Air Act the EPA has the authority to approve or disapprove SIP revisions submitted by the states. We do not have the authority to modify the narrative text of state submissions, or supporting documents, other than disapproval or partial disapproval. To the extent TransAlta believes that Washington's narrative description of the existing best available retrofit technology (BART) Order 6426 (order) is ambiguous or incorrect regarding facility operation after 2020 and 2025, this comment could have been submitted during the state public comment period. In reviewing Appendix G. Ecology's Responses to Comments Received during the Public Comment Period, we see no evidence of TransAlta requesting changes or commenting on this issue during the state public comment period.\1\ --------------------------------------------------------------------------- \1\ The EPA was sent a copy of TransAlta's December 13, 2017, letter with similar comments. This letter was written after the state public comment period closed on August 1, 2017, and also after submission of the SIP revision to the EPA on November 6, 2017. --------------------------------------------------------------------------- As discussed in the proposal for this action, the primary purpose of the progress report is to evaluate whether the existing regional haze plan is adequate for meeting the reasonable progress goals (RPGs) established for the first regional haze planning period, ending in 2018. The TransAlta BART order, as approved into the SIP states, ``Coal units BW21 and BW22 will permanently cease burning coal and be decommissioned as follows: (4.1) One coal fired unit must permanently cease burning coal no later than December 31, 2020. (4.2) The second coal fired unit must permanently cease burning coal no later than December 31, 2025.'' To the extent that TransAlta and Washington may or may not agree about the interpretation of these conditions as they relate to potential future revisions to the BART order, potential future changes under the new source review program, or potential use of the facility beyond 2020 and 2025, we note these issues are outside the scope of this action evaluating progress during the first planning period. We encourage TransAlta to resolve these issues directly with Washington as the state develops the regional haze update for the next planning period (2018-2028). In the interim, we do not believe this comment constitutes a sufficient basis for disapproving or partially disapproving Washington's progress report. As stated in our proposed approval of Washington's Regional Haze Progress Report, the progress report contained the information required by 40 CFR 51.308 and demonstrated that Washington is meeting or exceeding all reasonable progress goals for all Class I areas within Washington's borders, and implementation of the regional haze SIP has enabled other nearby states to meet RPGs for Class I areas where Washington sources are reasonably anticipated to contribute to visibility impairment. In addition, Washington's progress report contained an assessment of the status of all measures included in the SIP that were implemented during the first planning period, such as compliance with the BART emission limit for nitrogen oxides at TransAlta's Centralia Power Plant. Therefore, our position remains that the appropriate action is to approve Washington's Regional Haze Progress Report. III. Final Action The EPA is approving the Washington Regional Haze Progress Report, submitted on November 6, 2017, as meeting the applicable requirements of the Clean Air Act and the federal Regional Haze Rule, as set forth in 40 CFR 51.308(g). The EPA is also approving Washington's determination that the existing regional haze SIP is [[Page 36754]] adequate to meet the state's visibility goals established for the first planning period and requires no substantive revision at this time, as set forth in 40 CFR 51.308(h). We have also determined that Washington fulfilled the requirements in 40 CFR 51.308(i) regarding state coordination with Federal Land Managers. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because actions such as SIP approvals are exempted under Executive Order 12866; does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this action does not involve technical standards; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land and is also not approved to apply in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 1, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 23, 2018. Chris Hladick, Regional Administrator, Region 10. For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart WW--Washington 0 2. In Sec. 52.2470(e), amend table 2 by adding the entry ``Regional Haze Progress Report'' after the entry ``Regional Haze State Implementation Plan--BP Cherry Point Refinery BART Revision'' to read as follows: Sec. 52.2470 Identification of plan. * * * * * (e) * * * Table 2--Attainment, Maintenance, and Other Plans ---------------------------------------------------------------------------------------------------------------- State Name of SIP provision Applicable geographic or submittal EPA approval date Explanations nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Regional Haze Progress Report.. Statewide.................. 11/6/2017 7/31/2018, [Insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 36755]] [FR Doc. 2018-16266 Filed 7-30-18; 8:45 am] BILLING CODE 6560-50-P
![36752 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations
under the Regulatory Flexibility Act (5 Indian country, the rule does not have and shall not postpone the effectiveness
U.S.C. 601 et seq.); tribal implications and will not impose of such rule or action. This action may
• Does not contain any unfunded substantial direct costs on tribal not be challenged later in proceedings to
mandate or significantly or uniquely governments or preempt tribal law as enforce its requirements. (See section
affect small governments, as described specified by Executive Order 13175 (65 307(b)(2).)
in the Unfunded Mandates Reform Act FR 67249, November 9, 2000).
of 1995 (Pub. L. 104–4); The Congressional Review Act, 5 List of Subjects in 40 CFR Part 52
• Does not have Federalism U.S.C. 801 et seq., as added by the Small Environmental protection, Air
implications as specified in Executive Business Regulatory Enforcement pollution control, Carbon monoxide,
Order 13132 (64 FR 43255, August 10, Fairness Act of 1996, generally provides Incorporation by reference,
1999); that before a rule may take effect, the Intergovernmental relations, Lead,
• Is not an economically significant agency promulgating the rule must Nitrogen dioxide, Ozone, Particulate
regulatory action based on health or submit a rule report, which includes a matter, Reporting and recordkeeping
safety risks subject to Executive Order copy of the rule, to each House of the requirements, Sulfur oxides.
13045 (62 FR 19885, April 23, 1997); Congress and to the Comptroller General
• Is not a significant regulatory action of the United States. EPA will submit a Dated: July 17, 2018.
subject to Executive Order 13211 (66 FR report containing this action and other Cathy Stepp,
28355, May 22, 2001); required information to the U.S. Senate, Regional Administrator, Region 5.
• Is not subject to requirements of the U.S. House of Representatives, and 40 CFR part 52 is amended as follows:
Section 12(d) of the National the Comptroller General of the United
Technology Transfer and Advancement States prior to publication of the rule in PART 52—APPROVAL AND
Act of 1995 (15 U.S.C. 272 note) because the Federal Register. A major rule PROMULGATION OF
application of those requirements would cannot take effect until 60 days after it IMPLEMENTATION PLANS
be inconsistent with the Clean Air Act; is published in the Federal Register.
and This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52
• Does not provide EPA with the defined by 5 U.S.C. 804(2). continues to read as follows:
discretionary authority to address, as Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of Authority: 42 U.S.C. 7401 et seq.
appropriate, disproportionate human
health or environmental effects, using this action must be filed in the United ■ 2. In § 52.770, the table in paragraph
practicable and legally permissible States Court of Appeals for the (c) is amended by revising the entry for
methods, under Executive Order 12898 appropriate circuit by October 1, 2018. ‘‘1–3–4’’ under ‘‘Article 1. General
(59 FR 7629, February 16, 1994). Filing a petition for reconsideration by Provisions’’ ‘‘Rule 3. Ambient Air
In addition, the SIP is not approved the Administrator of this final rule does Quality Standards’’ to read as follows:
to apply on any Indian reservation land not affect the finality of this action for
or in any other area where EPA or an the purposes of judicial review nor does § 52.770 Identification of plan.
Indian tribe has demonstrated that a it extend the time within which a * * * * *
tribe has jurisdiction. In those areas of petition for judicial review may be filed, (c) * * *
EPA-APPROVED INDIANA REGULATIONS
Indiana
Indiana citation Subject effective EPA approval date Notes
date
Article 1. General Provisions
* * * * * * *
Rule 3. Ambient Air Quality Standards
* * * * * * *
1–3–4 ................................ Ambient air quality standards ..................................... 8/11/2017 7/31/2018, [Insert Federal
Register citation].
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION ACTION: Final rule.
[FR Doc. 2018–16247 Filed 7–30–18; 8:45 am] AGENCY
SUMMARY: The Environmental Protection
BILLING CODE 6560–50–P
40 CFR Part 52 Agency (EPA) is approving a revision to
the regional haze State Implementation
[EPA–R10–OAR–2018–0001; FRL–9981–50- Plan (SIP) submitted by Washington on
daltland on DSKBBV9HB2PROD with RULES
Region 10] November 6, 2017. Washington
Air Plan Approval; Washington; submitted its Regional Haze Progress
Regional Haze Progress Report Report (‘‘progress report’’ or ‘‘report’’)
and a negative declaration stating that
AGENCY: Environmental Protection further revision of the existing regional
Agency (EPA). haze SIP is not needed at this time.
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![36754 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations
adequate to meet the state’s visibility Order 13132 (64 FR 43255, August 10, Under section 307(b)(1) of the Clean
goals established for the first planning 1999); Air Act, petitions for judicial review of
period and requires no substantive • is not an economically significant this action must be filed in the United
revision at this time, as set forth in 40 regulatory action based on health or States Court of Appeals for the
CFR 51.308(h). We have also safety risks subject to Executive Order appropriate circuit by October 1, 2018.
determined that Washington fulfilled 13045 (62 FR 19885, April 23, 1997); Filing a petition for reconsideration by
the requirements in 40 CFR 51.308(i) • is not a significant regulatory action the Administrator of this final rule does
regarding state coordination with subject to Executive Order 13211 (66 FR not affect the finality of this action for
Federal Land Managers. 28355, May 22, 2001); the purposes of judicial review nor does
IV. Statutory and Executive Order • is not subject to requirements of it extend the time within which a
Reviews Section 12(d) of the National petition for judicial review may be filed,
Technology Transfer and Advancement and shall not postpone the effectiveness
Under the Clean Air Act, the Act of 1995 (15 U.S.C. 272 note) because of such rule or action. This action may
Administrator is required to approve a this action does not involve technical not be challenged later in proceedings to
SIP submission that complies with the standards; and enforce its requirements (See section
provisions of the Clean Air Act and
• does not provide the EPA with the 307(b)(2)).
applicable federal regulations. 42 U.S.C.
discretionary authority to address, as List of Subjects in 40 CFR Part 52
7410(k); 40 CFR 52.02(a). Thus, in
appropriate, disproportionate human
reviewing SIP submissions, the EPA’s Environmental protection, Air
health or environmental effects, using
role is to approve state choices, pollution control, Carbon monoxide,
practicable and legally permissible
provided that they meet the criteria of Incorporation by reference,
methods, under Executive Order 12898
the Clean Air Act. Accordingly, this Intergovernmental relations, Lead,
(59 FR 7629, February 16, 1994).
action merely approves state law as Nitrogen dioxide, Ozone, Particulate
The SIP is not approved to apply on
meeting federal requirements and does matter, Reporting and recordkeeping
any Indian reservation land and is also
not impose additional requirements requirements, Sulfur oxides, Volatile
not approved to apply in any other area
beyond those imposed by state law. For organic compounds.
where the EPA or an Indian tribe has
that reason, this action:
• Is not a ‘‘significant regulatory demonstrated that a tribe has Dated: July 23, 2018.
action’’ subject to review by the Office jurisdiction. In those areas of Indian Chris Hladick,
of Management and Budget under country, the rule does not have tribal Regional Administrator, Region 10.
Executive Orders 12866 (58 FR 51735, implications as specified by Executive
Order 13175 (65 FR 67249, November 9, For the reasons set forth in the
October 4, 1993) and 13563 (76 FR 3821, preamble, 40 CFR part 52 is amended as
January 21, 2011); 2000).
The Congressional Review Act, 5 follows:
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory U.S.C. 801 et seq., as added by the Small PART 52—APPROVAL AND
action because actions such as SIP Business Regulatory Enforcement PROMULGATION OF
approvals are exempted under Fairness Act of 1996, generally provides IMPLEMENTATION PLANS
Executive Order 12866; that before a rule may take effect, the
• does not impose an information agency promulgating the rule must ■ 1. The authority citation for part 52
collection burden under the provisions submit a rule report, which includes a continues to read as follows:
of the Paperwork Reduction Act (44 copy of the rule, to each House of the
Authority: 42 U.S.C. 7401 et seq.
U.S.C. 3501 et seq.); Congress and to the Comptroller General
• is certified as not having a of the United States. The EPA will Subpart WW—Washington
significant economic impact on a submit a report containing this action
substantial number of small entities and other required information to the ■ 2. In § 52.2470(e), amend table 2 by
under the Regulatory Flexibility Act (5 U.S. Senate, the U.S. House of adding the entry ‘‘Regional Haze
U.S.C. 601 et seq.); Representatives, and the Comptroller Progress Report’’ after the entry
• does not contain any unfunded General of the United States prior to ‘‘Regional Haze State Implementation
mandate or significantly or uniquely publication of the rule in the Federal Plan—BP Cherry Point Refinery BART
affect small governments, as described Register. A major rule cannot take effect Revision’’ to read as follows:
in the Unfunded Mandates Reform Act until 60 days after it is published in the
of 1995 (Pub. L. 104–4); Federal Register. This action is not a § 52.2470 Identification of plan.
• does not have Federalism ‘‘major rule’’ as defined by 5 U.S.C. * * * * *
implications as specified in Executive 804(2). (e) * * *
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable State
Name of SIP provision geographic or submittal EPA approval date Explanations
nonattainment area date
* * * * * * *
Regional Haze Progress Report ... Statewide ............... 11/6/2017 7/31/2018, [Insert Federal Reg-
daltland on DSKBBV9HB2PROD with RULES
ister citation].
* * * * * * *
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![Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations 36755
[FR Doc. 2018–16266 Filed 7–30–18; 8:45 am] What this document does. This rule warranted, (2) requested from the public
BILLING CODE 6560–50–P will add the following five tarantula scientific and commercial data and
species to the List of Endangered and other information regarding the species,
Threatened Wildlife in title 50 of the and (3) notified the public that at the
DEPARTMENT OF THE INTERIOR Code of Federal Regulations (50 CFR conclusion of our review of the status of
17.11(h)) as endangered species: these species, we would issue a 12-
Fish and Wildlife Service Poecilotheria fasciata, P. ornata, P. month finding on the petition, as
smithi, P. subfusca, and P. vittata. provided in section 4(b)(3)(B) of the Act.
50 CFR Part 17 The basis for our action. Under the We published a 12-month finding and
Act, we use the best available scientific proposed rule for listing the five
[Docket No. FWS–HQ–ES–2016–0076; and commercial data to determine Poecilotheria species that are endemic
4500030115] whether a species meets the definition to Sri Lanka (Poecilotheria fasciata, P.
RIN 1018–BC82 of a ‘‘threatened species’’ or an ornata, P. pederseni, P. smithi, and P.
‘‘endangered species’’ because of any subfusca) on December 14, 2016 (81 FR
Endangered and Threatened Wildlife one or more of the following five factors 90297). In our 12-month finding and
and Plants; Endangered Species or the cumulative effects thereof: (A) proposed rule we determined that these
Status for Five Poecilotheria Tarantula The present or threatened destruction, five species were in danger of extinction
Species From Sri Lanka modification, or curtailment of its throughout their ranges and proposed
habitat or range; (B) Overutilization for listing them as endangered under the
AGENCY: Fish and Wildlife Service, commercial, recreational, scientific, or
Interior. Act. We requested input from the
educational purposes; (C) Disease or public, range country, other interested
ACTION: Final rule. predation; (D) The inadequacy of parties, and peer reviewers during a 60-
existing regulatory mechanisms; or (E) day public comment period that ended
SUMMARY: We, the U.S. Fish and Other natural or manmade factors
Wildlife Service (Service), determine February 13, 2017.
affecting its continued existence. We
endangered species status under the have determined on the basis of the best Summary of Changes From the
Endangered Species Act of 1973, as available scientific and commercial data Proposed Rule
amended, for the following five that P. fasciata, P. ornata, P. smithi, P.
tarantula species from Sri Lanka: In preparing this final rule, we
subfusca, and P. vittata are in danger of reviewed and fully considered
Poecilotheria fasciata, P. ornata, P. extinction because of ongoing habitat
smithi, P. subfusca, and P. vittata. The comments from the public and peer
loss and degradation and the cumulative reviewers on the proposed rule. This
effect of this regulation will be to add effects of this and other threat factors.
these species to the List of Endangered final rule incorporates minor changes to
One species, P. smithi, is also in danger our proposed listing based on the
and Threatened Wildlife. of extinction because of the effects of comments we received (See: Summary
DATES: This rule becomes effective stochastic (random) processes. of Comments and Recommendations).
August 30, 2018. Peer review and public comment. We
ADDRESSES: This final rule is available sought comments from independent Background
on the internet at http:// peer reviewers to ensure that our Taxonomy and Species Descriptions
www.regulations.gov at docket number designation is based on scientifically
sound data and analyses. We invited Poecilotheria is a genus of arboreal
FWS–HQ–ES–2016–0076. Comments
these peer reviewers to comment on our spiders endemic to Sri Lanka and India.
and materials we received, as well as
listing proposal. We also considered all The genus belongs to the family
supporting documentation we used in
comments and information received Theraphosidae, often referred to as
preparing this rule, are available for
from the public during the comment tarantulas, within the infraorder
public inspection at http://
period. Mygalomorphae. As with most
www.regulations.gov.
theraphosid genera, Poecilotheria is a
FOR FURTHER INFORMATION CONTACT: Don Previous Federal Action poorly understood genus. The taxonomy
Morgan, Chief, Branch of Delisting and We received a petition, dated October has never been studied using modern
Foreign Species, Ecological Services, 29, 2010, from WildEarth Guardians DNA technology; therefore, species
U.S. Fish and Wildlife Service, MS: ES, requesting that the following 11 descriptions are based solely on
5275 Leesburg Pike, Falls Church, VA tarantula species in the genus morphological characteristics.
22041–3803; telephone, 703–358–2171. Poecilotheria be listed under the Act as Consequently, there have been several
Persons who use a telecommunications endangered or threatened: Poecilotheria revisions, additions, and subtractions to
device for the deaf (TDD) may call the fasciata, P. formosa, P. the list of Poecilotheria species over the
Federal Relay Service at 800–877–8339. hanumavilasumica, P. metallica, P. last 20 years (Nanayakkara 2014a, pp.
SUPPLEMENTARY INFORMATION: miranda, P. ornata, P. pederseni, P. 71–72; Gabriel et al. 2013, entire).
rufilata, P. smithi, P. striata, and P. The World Spider Catalog (2017,
Executive Summary subfusca. The petition identified itself unpaginated; 2016, unpaginated)
Why we need to publish a rule. Under as such and included the information as currently recognizes 14 species of
the Endangered Species Act of 1973, as required by 50 CFR 424.14(a). We Poecilotheria. The Integrated
amended (Act; 16 U.S.C. 1531 et seq.), published a 90-day finding on December Taxonomic Information System
a species may be protected through 3, 2013 (78 FR 72622), indicating that currently identifies 16 species in the
listing as an endangered species or the petition presents substantial genus, based on the 2011 version of the
daltland on DSKBBV9HB2PROD with RULES
threatened species if it meets the scientific and commercial information same catalog. Because the World Spider
definition of an ‘‘endangered species’’ or indicating that listing these 11 species Catalog is the widely accepted authority
‘‘threatened species’’ under the Act. may be warranted. At that time we also on spider taxonomy, we consider the
Listing a species as an endangered or (1) notified the public that we were Poecilotheria species recognized by the
threatened species can only be initiating a review of the status of these most recent (2017) version of this
completed by issuing a rule. species to determine if listing them is catalog to be valid. Based on the World
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Document Created: 2018-11-06 10:29:34
Document Modified: 2018-11-06 10:29:34
| 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. | |
| Dates | This final rule is effective August 30, 2018. | |
| Contact | Jeff Hunt at (206) 553-0256, or [email protected] | |
| FR Citation | 83 FR 36752 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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