Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules 27423 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T07–0135 to read as 

follows: 

§ 165.T07–0135 Safety Zone; Hurricanes, 

Tropical Storms and Other Disasters in 

Florida Keys. 

(a) Regulated Areas. All navigable 

waters within Sector Key West COTP 

zone, Key West, Florida, as described in 

33 CFR 3.35–40, during specified 

conditions. 

(b) Definitions. 

(1) Designated Representative means 

Coast Guard Patrol Commanders, 

including Coast Guard coxswains, petty 

officers, and other officers operating 

Coast Guard vessels, and Federal, state, 

and local officers designated by or 

assisting the COTP Key West, in the 

enforcement of the regulated areas. 

(2) Port Condition WHISKEY means a 

condition set by the COTP when 

weather advisories indicate sustained 

gale force winds (39–54 mph/34–47 

knots) from a tropical or hurricane force 

storm are predicted to make landfall at 

the port within 72 hours. 

(3) Port Condition X–RAY means a 

condition set by the COTP when 

weather advisories indicate sustained 

gale force winds (39–54 mph/34–47 

knots) from a tropical or hurricane force 

storm are predicted to make landfall at 

the port within 48 hours. 

(4) Port Condition YANKEE means a 

condition set by the COTP when 

weather advisories indicate that 

sustained gale force winds (39–54 mph/ 

34–47 knots) from a tropical or 

hurricane force storm are predicted to 

make landfall at the port within 24 

hours. 

(5) Port Condition ZULU means a 

condition set by the COTP when 

weather advisories indicate that 

sustained gale force winds (39–54 mph/ 

34–47 knots) from a tropical or 

hurricane force storm are predicted to 

make landfall at the port within 12 

hours. 

(c) Regulations. 

(1) Port Condition WHISKEY. All 

vessel and port facilities must exercise 

due diligence in preparation for 

potential storm impacts. Ports and 

waterfront facilities must begin 

removing all debris and securing 

potential flying hazards. Oceangoing 

vessels 300 gross tons (GT) and above 

must make plans to depart no later than 

the setting of Port Condition Yankee 

unless authorized by the COTP. Vessels 

wishing to remain in port are required 

to submit an application to the COTP 

prior to setting Port Condition X-Ray. 

(2) Port Condition X–RAY. All vessels 

and port facilities must ensure that 

potential flying debris is removed or 

secured. Hazardous materials/pollution 

hazards must be secured in a safe 

manner and away from waterfront areas. 

Vessels over 300GT without an approval 

to remain in port must depart prior to 

the setting of Port Condition YANKEE. 

Vessels with the COTP’s permission to 

remain in port must implement their 

pre-approved mooring arrangement. 

Terminal operators must prepare to 

terminate all cargo operations. The 

COTP may require additional 

precautions to ensure the safety of the 

ports and waterways. 

(3) Port Condition YANKEE. Affected 

ports are closed to inbound vessel 

traffic. All oceangoing vessels greater 

than 300 Gross Tons must have 

departed designated ports within the 

Sector Key West COTP zone. Terminal 

operators must terminate all cargo 

operations not associated with storm 

preparations. Cargo operations 

associated with storm preparations 

include moving cargo within or off the 

port for securing purposes, port/facility 

equipment preparations, and similar 

activities, but do not include moving 

cargo onto the port or vessel loading/ 

discharging operations unless 

specifically authorized by the COTP. All 

facilities must continue to operate in 

accordance with approved Facility 

Security Plans and comply with the 

requirements of the Maritime 

Transportation Security Act (MTSA). 

(4) Port Condition ZULU. The port is 

closed to all vessel traffic except unless 

specifically authorized by the COTP. 

Cargo operations are suspended, 

including bunkering and lightering. 

Waivers may be granted unless Cargo of 

Particular Hazard or Certain Dangerous 

Cargo is involved. 

(5) Emergency Restrictions for Other 

Disasters. Any natural or other disasters 

that are anticipated to affect the Sector 

Key West COTP zone will result in the 

prohibition of facility operations and 

vessel traffic transiting or remaining in 

the affected port. 

(6) Safety Zones Notice. Coast Guard 

Sector Key West will attempt to notify 

the maritime community of periods 

during which these safety zones will be 

in effect via Broadcast Notice to 

Mariners or by on-scene designated 

representatives. 

(7) Regulated Area Notice. The Coast 

Guard will provide notice of the 

regulated area via Broadcast Notice to 

Mariners or by on-scene designated 

representatives. 

(8) Exception. This regulation does 

not apply to authorized law 

enforcement agencies operating within 

the regulated area. 

Dated: April 18, 2023. 

Jason D. Ingram, 

Captain, U.S. Coast Guard, Captain of the 

Port Key West. 

[FR Doc. 2023–09202 Filed 5–1–23; 8:45 am] 

BILLING CODE 9110–04–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Part 2500 

RIN 3045–AA83 

AmeriCorps Statement of Organization 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Proposed rule. 

SUMMARY: The Corporation for National 

and Community Service (CNCS), which 

operates as AmeriCorps, is proposing a 

rule to provide general information to 

the public about its structure and 

purpose, as required by the 

Administrative Procedure Act. While 

AmeriCorps already provides 

information about its organizational 

structure on its public-facing website 

(americorps.gov), this rule would 

comply with the statutory requirement 

that specifically requires agencies to 

publish in the Federal Register their 

descriptions of organization. This rule 

will also increase transparency 

regarding AmeriCorps’ operations by 

mapping out its existing program 

regulations, thereby providing an 

overview of the Agency’s programs. 

DATES: Written comments must be 

submitted by July 3, 2023. 

ADDRESSES: You may send your 

comments electronically through the 

Federal government’s one-stop 

rulemaking website at 

www.regulations.gov. You may also 

send your comments to Elizabeth Appel, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
27424 Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules 

Associate General Counsel, at eappel@

cns.gov or by mail to AmeriCorps, 250 

E Street SW, Washington, DC 20525. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Office of General 

Counsel, at (202) 967–5070, or eappel@

cns.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

AmeriCorps, the operating name for 

the Corporation for National and 

Community Service, is a Federal agency 

that engages millions of Americans in 

service. AmeriCorps members and 

AmeriCorps Seniors volunteers serve 

directly with nonprofit, tribal, faithbased, or community organizations to 

tackle some of our nation’s most 

pressing challenges. Although 

AmeriCorps already provides 

information about its organizational 

structure on its website, 

www.americorps.gov, this rule would 

comply with the statutory requirement 

that specifically requires agencies to 

‘‘publish in the Federal Register’’ their 

descriptions of organization. See 5 

U.S.C. 552(a)(1)(A). This rule will also 

increase transparency regarding 

AmeriCorps’ operations by mapping out 

its existing program regulations, thereby 

providing an overview of the Agency’s 

programs. 

This proposed rule adds AmeriCorps’ 

organizational information to Code of 

Federal Regulations (CFR) part 2500. 

Part 2500 already includes information 

about AmeriCorps being CNCS’s 

operating name and information about 

AmeriCorps’ logos. This proposed rule 

would redesignate, without substantive 

change, the operating name and logo 

sections to new sections later in the CFR 

part and would add subpart 

designations. The following is a 

breakdown of the new and redesignated 

sections: 

Current 45 CFR section Proposed 45 CFR section Description of change 

Subpart A—Introduction ........................................................................ New subpart designation. 

2500.1 Creation and authority ............................................................... New section. 

2500.1 Agency Operating Name .... 2500.2 Agency operating name ............................................................ Redesignated without substantive 

change. 

2500.3 Purpose and mission ................................................................. New section. 

Subpart B—Organization ....................................................................... New subpart designation. 

2500.10 General .................................................................................... New section. 

2500.11 AmeriCorps headquarters ....................................................... New section. 

2500.12 Region offices .......................................................................... New section. 

Subpart C—Programs ........................................................................... New subpart designation. 

2500.20 Program descriptions ............................................................... New section. 

2500.21 Focus areas ............................................................................. New section. 

Subpart D—Logos ................................................................................. New subpart designation. 

2500.2 Description of Logos ........... 2500.30 Description of logos ................................................................. Redesignated without substantive 

change. 

2500.3 Retirement of Logos ........... 2500.31 Retirement of logos ................................................................. Redesignated without substantive 

change. 

2500.4 Authority to affix logos ........ 2500.32 Authority to affix logos ............................................................. Redesignated without substantive 

change. 

The proposed new sections would 

describe AmeriCorps’: 

• Statutory basis and origination; 

• Purpose, to administer the programs 

established under the national service 

laws; and mission, to improve lives, 

strengthen communities, and foster 

civic engagement through service and 

volunteering; 

• Organization, including the roles of 

the Chief Executive Officer and the 

Board of Directors; 

• Headquarters, including leadership 

positions; and region offices, referring to 

AmeriCorps’ website for details on 

contact information; 

• Four main national service 

programs: AmeriCorps NCCC, 

AmeriCorps Seniors, AmeriCorps State 

and National, and AmeriCorps VISTA; 

and 

• Focus areas, which include but are 

not limited to, disaster services, 

economic opportunity, education, 

environmental stewardship, healthy 

futures, and veterans and military 

families. 

Proposed edits to the sections 

addressing AmeriCorps’ logos specify 

the logos’ fonts and the direction of the 

flag in the logos and make other minor 

grammatical changes. 

II. Regulatory Analyses 

A. Executive Orders 12866 and 13563 

Executive Orders (E.O.) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. The Office of Information 

and Regulatory Affairs in the Office of 

Management and Budget has 

determined that this is not a significant 

regulatory action. 

B. Regulatory Flexibility Act 

As required by the Regulatory 

Flexibility Act of 1980 (5 U.S.C. 601 et 

seq.), AmeriCorps certifies that this rule, 

if adopted, will not have a significant 

economic impact on a substantial 

number of small entities. Therefore, 

AmeriCorps has not performed the 

initial regulatory flexibility analysis that 

is required under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) for 

rules that are expected to have such 

results. 

C. Unfunded Mandates Reform Act of 

1995 

For purposes of Title II of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1531–1538, as well as 

Executive Order 12875, this regulatory 

action does not contain any Federal 

mandate that may result in increased 

expenditures in either Federal, State, 

local, or Tribal Governments in the 

aggregate, or impose an annual burden 

exceeding $100 million on the private 

sector. 

D. Paperwork Reduction Act 

Under the PRA, an agency may not 

conduct or sponsor a collection of 

information unless the collections of 

information display valid control 

numbers. This proposed rule does not 

include any information collections 


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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules 27425 

requiring approval by the Office of 

Management and Budget. 

E. Executive Order 13132, Federalism 

Executive Order 13132, Federalism, 

prohibits an agency from publishing any 

rule that has Federalism implications if 

the rule imposes substantial direct 

compliance costs on State and local 

governments and is not required by 

statute, or the rule preempts State law, 

unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive order. This 

rulemaking does not have any 

Federalism implications, as described 

above. 

F. Takings (E.O. 12630) 

This proposed rule does not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630 because this 

proposed rule does not affect individual 

property rights protected by the Fifth 

Amendment or involve a compensable 

‘‘taking.’’ A takings implication 

assessment is not required. 

G. Civil Justice Reform (E.O. 12988) 

This proposed rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rulemaking: (a) meets 

the criteria of section 3(a) requiring that 

all regulations be reviewed to eliminate 

errors and ambiguity and be written to 

minimize litigation; and (b) meets the 

criteria of section 3(b)(2) requiring that 

all regulations be written in clear 

language and contain clear legal 

standards. 

H. Consultation With Indian Tribes 

(E.O. 13175) 

AmeriCorps recognizes the inherent 

sovereignty of Indian Tribes and their 

right to self-governance. We have 

evaluated this rulemaking under our 

consultation policy and the criteria in 

E.O. 13175 and determined that this 

proposed rule does not impose 

substantial direct effects on Federally 

recognized Tribes. 

I. Clarity of This Regulation 

We are required by Executive Orders 

12866 (section 1(b)(12)), and 12988 

(section 3(b)(1)(B)), and 13563 (section 

1(a)), and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each proposed rule we publish 

must: (a) be logically organized; (b) use 

the active voice to address readers 

directly; (c) use clear language rather 

than jargon; (d) be divided into short 

sections and sentences; and (e) use lists 

and tables wherever possible. If you feel 

that we have not met these 

requirements, please send us comments 

by one of the methods listed in the 

ADDRESSES section. To help us revise the 

rule, your comments should be as 

specific as possible. 

List of Subjects in 45 CFR Part 2500 

Organization and functions 

(Government agencies). 

■ For the reasons discussed in the 

preamble, under the authority of 42 

U.S.C. 12651c(c), the Corporation for 

National and Community Service 

proposes to revise 45 CFR part 2500 to 

read as follows: 

PART 2500—AMERICORPS 

STATEMENT OF ORGANIZATION, 

AGENCY OPERATING NAME, AND 

LOGOS 

Subpart A—Introduction 

Sec. 

2500.1 Creation and authority. 

2500.2 Agency operating name. 

2500.3 Purpose and mission. 

Subpart B—Organization 

2500.10 General. 

2500.11 AmeriCorps leadership. 

2500.12 Region offices. 

Subpart C—Programs 

2500.20 Program descriptions. 

2500.21 Focus areas. 

Subpart D—Logos 

2500.30 Description of logos. 

2500.31 Retirement of logos. 

2500.32 Authority to affix logos. 

Authority: 5 U.S.C. 552(a)(1); 42 U.S.C. 

4950, et seq., as amended; 42 U.S.C. 12501 

et seq., as amended; section 203(c), Pub. L. 

103–82, 107 Stat. 892 (42 U.S.C. 12651 note); 

Proc. 6662, 59 FR 16507, 3 CFR, 1994 Comp., 

p. 22). 

Subpart A—Introduction 

§ 2500.1 Creation and authority. 

The National and Community Service 

Trust Act of 1993 established the 

Corporation for National and 

Community Service (CNCS) as a Federal 

agency, organized in the form of a 

Government corporation within the 

Executive Branch, to administer the 

national service programs authorized by 

the National and Community Service 

Act of 1990. CNCS also administers the 

national service programs authorized by 

the Domestic Volunteer Service Act of 

1973, as amended, and previously 

administered by the former Federal 

ACTION Agency. 

§ 2500.2 Agency operating name. 

(a) The Corporation for National and 

Community Service has adopted 

AmeriCorps as its official agency 

operating name. 

(b) Use of AmeriCorps as the agency 

operating name incorporates the 

Corporation for National and 

Community Service by reference. 

§ 2500.3 Purpose and mission. 

AmeriCorps’ purpose is to administer 

the programs established under the 

national service laws. AmeriCorps’ 

mission is to improve lives, strengthen 

communities, and foster civic 

engagement through service and 

volunteering. 

Subpart B—Organization 

§ 2500.10 General. 

(a) A Chief Executive Officer (CEO) 

heads AmeriCorps. The CEO has 

authority and control over AmeriCorps 

personnel, except those in the Agency’s 

Office of Inspector General, and is 

responsible for exercising the powers 

and fulfilling the duties that are not 

reserved to the Board of Directors. 

(b) The Board of Directors has 

responsibility for setting AmeriCorps’ 

overall policy, reviewing AmeriCorps’ 

strategic plan, and fulling other duties 

for which it is responsible under the 

national service laws. 

(c) AmeriCorps consists of 

headquarters and region offices, which 

serve the States and Territories. 

§ 2500.11 AmeriCorps leadership. 

(a) AmeriCorps’ leadership conducts 

overall planning, coordination of 

programs, and all supporting internal 

operations. AmeriCorps leadership 

includes, but is not limited to, the 

following AmeriCorps officials: 

(1) CEO 

(2) Chief of Staff 

(3) General Counsel 

(4) Chief Operating Officer 

(5) Chief Financial Officer 

(6) Chief Program Officer 

(7) Chief Diversity and Inclusion 

Officer 

(8) Directors of AmeriCorps programs 

and offices 

(b) AmeriCorps’ public website 

contains current information on Agency 

leadership at www.americorps.gov/ 

about/our-team/our-leadership. 

§ 2500.12 Region offices. 

(a) AmeriCorps’ region offices serve 

the States and Territories. The 

AmeriCorps website contains contact 

information for each of these region 

offices at www.americorps.gov/contact/ 

region-offices. 

(b) AmeriCorps NCCC has a campus 

facility in each of its regions, which 

serve the States and Territories. The 

AmeriCorps website contains current 

information on the locations of and 

contact information for each of the 


ddrumheller on DSK120RN23PROD with PROPOSALS1
27426 Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules 

NCCC regions at www.americorps.gov/ 

contact/americorps-nccc-regions. 

Subpart C—Programs 

§ 2500.20 Program descriptions. 

(a) AmeriCorps operates four main 

national service programs: AmeriCorps 

NCCC, AmeriCorps Seniors, 

AmeriCorps State and National, and 

AmeriCorps VISTA. Additional 

information on each of these programs 

and additional AmeriCorps programs is 

available at www.americorps.gov. 

(1) AmeriCorps NCCC is a full-time 

residential service program for 

individuals aged 18 to 24 (unless 

otherwise authorized), as defined by 

statute. Individuals serving in the NCCC 

program complete team-based service 

projects that respond to priority national 

and community needs. AmeriCorps 

NCCC program staff recruit, train, and 

manage volunteers (called ‘‘members’’) 

and partner with organizations that 

serve as project sponsors. FEMA Corps 

is a sub-program that AmeriCorps NCCC 

manages in partnership with the Federal 

Emergency Management Agency. It 

places members in service positions to 

perform disaster public assistance, 

planning, preparedness, and recovery 

activities. 

(2) AmeriCorps Seniors focuses on 

providing service opportunities for 

individuals aged 55 years or older. It 

operates four national service programs: 

the Foster Grandparent Program, Senior 

Companion Program, RSVP, and the 

Senior Demonstration Program. Under 

each of these programs, AmeriCorps 

Seniors provides grants to sponsoring 

organizations to meet priority national 

and community needs. The sponsoring 

organizations then recruit and enlist 

local volunteers, and address 

performance measures as required by 

grant terms and conditions. 

(3) AmeriCorps State and National 

provides grants to States, Territories, 

Indian Tribes, public and private 

nonprofit organizations, local 

governments, and institutions of higher 

education to carry out national service 

programs, offering a wide range of 

service opportunities. In addition to 

grant funds to support direct 

programming, AmeriCorps State and 

National also provides general operating 

funding for State service commissions. 

(4) AmeriCorps VISTA is a program 

for individuals aged 18 and older to 

participate in full-time service to 

strengthen and supplement efforts to 

eliminate and alleviate poverty and 

poverty-related problems in the United 

States. AmeriCorps VISTA partners with 

local organizations to recruit, select, 

train, and assign volunteers 

(‘‘members’’) to work on projects at a 

sponsoring organization or one of its 

project sites. 

(b) In addition to its four main 

national service programs, AmeriCorps 

also operates several additional 

programs and activities. These include 

the Martin Luther King, Jr., Day of 

Service; the September 11th Day of 

Service; the Volunteer Generation Fund; 

and other national service programs that 

AmeriCorps establishes through 

agreements with other Federal agencies. 

§ 2500.21 Focus areas. 

Through its programs, AmeriCorps 

provides funding and volunteer 

opportunities to address pressing unmet 

human, educational, environmental, 

and public safety needs of the United 

States, without displacing existing 

workers, and to meet the additional 

purposes set out in the national service 

laws. AmeriCorps’ focus areas include, 

but are not limited to, disaster services, 

economic opportunity, education, 

environmental stewardship, healthy 

futures, and veterans and military 

families. 

Subpart D—Logos 

§ 2500.30 Description of logos. 

(a) The AmeriCorps logo (Logo) is the 

key element in agency identification. It 

provides a visual representation of the 

Agency’s role to unite America by 

bringing people together to serve 

communities. It is symbolic of the way 

AmeriCorps members and volunteers 

lift and improve communities through 

service and volunteering. This Logo 

links the graphic communications of all 

Agency programs. 

(b) The Logo is an image of a solid 

circle containing an A where the righthand pillar is a solid block line and the 

left-hand pillar is represented by a 

flagpole with the flag in motion, 

appearing to fly from the left to the right 

and forming the A as the flag intersects 

with the other pillar. AmeriCorps 

appears in bold to the right of the mark. 

(c) The AmeriCorps Seniors logo 

(Seniors Logo) identifies the highlighted 

AmeriCorps Seniors programs and 

represents the Agency’s commitment to 

programs and volunteer opportunities 

for older Americans. 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP02MY23.000</GPH>
Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules 27427 

(d) The Seniors Logo contains the 

word Seniors beneath AmeriCorps, to 

the right of the circle containing the A. 

§ 2500.31 Retirement of logos. 

The agency officially retired the dayto-day use of all pre-existing logos, 

emblems, and other insignia, except the 

Days of Service logos, but does not 

relinquish the legal rights to any retired 

logos. 

§ 2500.32 Authority to affix logos. 

Restrictions on the use of AmeriCorps 

logos are found in 45 CFR 2540.500 

through 2540.560. 

Fernando Laguarda, 

General Counsel. 

[FR Doc. 2023–08403 Filed 5–1–23; 8:45 am] 

BILLING CODE 6050–28–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2018–0043; 

FF09E21000 FXES1111090FEDR 234] 

RIN 1018–BD13 

Endangered and Threatened Wildlife 

and Plants; Threatened Species Status 

for Black-Capped Petrel With a Section 

4(d) Rule 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; document 

availability and reopening of comment 

period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

on our October 9, 2018, proposed rule 

to list the black-capped petrel 

(Pterodroma hasitata) as a threatened 

species under the Endangered Species 

Act of 1973, as amended (Act), with a 

rule issued under section 4(d) of the Act 

to provide for the conservation of this 

species. We are reopening the comment 

period to present significant new 

information we have received since 

2018 that is relevant to our 

consideration of the status of the blackcapped petrel and allow interested 

parties to comment. Comments 

submitted during the 2018 comment 

period do not need to be resubmitted 

and will be fully considered in 

preparation of our final rule. We 

encourage those who may have 

commented previously to submit 

additional comments, if appropriate, in 

light of this new information. 

DATES: The comment period for the 

proposed rule published on October 9, 

2018, at 83 FR 50560 is reopened. We 

will accept comments received or 

postmarked on or before June 1, 2023. 

Comments submitted electronically 

using the Federal eRulemaking Portal 

(see ADDRESSES, below) must be 

received by 11:59 p.m. eastern time on 

the closing date. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R4–ES–2018–0043, which is 

the docket number for this rulemaking. 

Then, click on the Search button. On the 

resulting page, in the panel on the left 

side of the screen, under the Document 

Type heading, check the Proposed Rule 

box to locate this document. You may 

submit a comment by clicking on 

‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–R4–ES–2018–0043, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on https:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Public 

Comments, below, for more 

information). 

Availability of supporting materials: 

Supporting materials including the new 

information are available at https://

www.regulations.gov at Docket No. 

FWS–R4–ES–2018–0043. 

FOR FURTHER INFORMATION CONTACT: 

Edwin Mun ̃iz, Field Supervisor, U.S. 

Fish and Wildlife Service, Caribbean 

Ecological Services Field Office, 

caribbean_es@fws.gov; telephone 786– 

244–0081. Individuals in the United 

States who are deaf, deafblind, hard of 

hearing, or have a speech disability may 

dial 711 (TTY, TDD, or TeleBraille) to 

access telecommunications relay 

services. Individuals outside the United 

States should use the relay services 

offered within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 9, 2018, we proposed to 

list the black-capped petrel as a 

threatened species with a rule issued 

under section 4(d) of the Act to provide 

for the conservation of this species (83 

FR 50560). Please refer to the 2018 

proposed rule for information about the 

black-capped petrel, its status, its 

threats, and a summary of factors 

affecting the species. The proposed rule 

also includes detailed descriptions of 

previous Federal actions concerning this 

species. At the time of the proposed 

rule, we also publicly made available 

the Species Status Assessment (SSA) 

report that includes additional details 

regarding the species. The SSA report 

(version 1.1; Service 2018) can be found 

at https://www.regulations.gov, docket 

no. FWS–R4–ES–2018–0043, as 

Supporting and Related Materials. 

Since the 2018 proposed rule, we 

have received new or updated 

information regarding the black-capped 

petrel’s life history, range, habitat, and 

factors influencing the species’ viability. 

The information indicates the 

magnitude of threats is likely greater 

than we had previously assessed. A 


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