70634 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Proposed Rules 

www.regulations.gov/document/EPAHQ-OPP-2011-0865-1178. 

8. USEPA. 2020. Revised Method for 

National Level Listed Species Biological 

Evaluations of Conventional Pesticides. 

March 12, 2020. https://www.epa.gov/ 

endangered-species/revised-methodnational-level-listed-species-biologicalevaluationsconventional#:∼:text=The%20

Revised%20Method%20for%20

National,to%20develop%

20BEs%20for%20pesticides. 

9. USEPA 2022. Response to Public 

Comments Received on Draft Biological 

Evaluations for Imidacloprid, 

Thiamethoxam, and Clothianidin. June 

2022. https://www3.epa.gov/pesticides/ 

nas/final/cloth-imi-thixam-rtc.docx. 

10. USEPA. 2018. Benefits and Impacts of 

Potential Mitigation for Neonicotinoid 

Seed Treatments on Small Grains, 

Vegetables, and Sugarbeet Crops. August 

30, 2018. https://www.regulations.gov/ 

document/EPA-HQ-OPP-2008-0844- 

1622. 

11. USEPA. 2022. Pesticide Establishment 

Registration and Reporting. November 

30, 2022. https://www.epa.gov/ 

compliance/establishment-registrationand-reporting. 

12. USEPA. 2022. Tebuconazole Proposed 

Interim Registration Review Decision 

Case Number 7004. June 30, 2022. 

https://www.regulations.gov/document/ 

EPA-HQ-OPP-2015-0378-0095. 

13. USEPA. 2021. Triticonazole Interim 

Registration Decision Case Number 7036. 

March 17, 2021. https://

www.regulations.gov/document/EPAHQ-OPP-2015-0602-0039. 

14. USEPA. 2022. ESA Workplan Update: 

Nontarget Species Mitigation for 

Registration Review and Other FIFRA 

Actions. November 2022. https://

www.epa.gov/endangered-species/epasworkplan-and-progress-toward-betterprotections-endangered-species. 

15. USEPA. 2022. Diuron Proposed Interim 

Registration Review Decision Case 

Number 0046. April 2, 2022. https://

www.regulations.gov/document/EPAHQ-OPP-2015-0077-0065. 

16. USEPA. 2021. 2021 Policy on Children’s 

Health. October 5, 2021. https://

www.epa.gov/system/files/documents/ 

2021-10/2021-policy-on-childrenshealth.pdf. 

VI. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866 (58 FR 51735, 

October 4, 1993), as amended by 

Executive Order 14094 (88 FR 21879, 

April 11, 2023), and was therefore not 

subject to a requirement for Executive 

Order 12866 review. 

B. Other Regulatory Assessment 

Requirements 

Because this action does not impose 

or propose any requirements, and 

instead seeks comments and suggestions 

for the Agency to consider in possibly 

developing a subsequent proposed rule, 

the various other review requirements 

in statutes and Executive Orders that 

apply when an agency imposes 

requirements do not apply to this 

ANPRM. Should EPA subsequently 

determine to pursue a rulemaking, EPA 

will address the requirements in the 

statutes and Executive Orders as 

applicable to that rulemaking. 

Nevertheless, the Agency welcomes 

comments and/or information that 

would help the Agency to assess any of 

the following: 

• Potential economic impacts of a 

rulemaking on small entities pursuant to 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.); 

• Potential impacts on Federal, state, 

or local governments pursuant to the 

Unfunded Mandates Reform Act 

(UMRA) (2 U.S.C. 1531–1538); 

• Potential federalism implications 

pursuant to Executive Order 13132, 

entitled Federalism (64 FR 43255, 

November 2, 1999); 

• Potential Tribal implications 

pursuant to Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000); 

• As discussed in Unit III.C., 

potential human health or 

environmental effects on minority or 

low-income populations pursuant to 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994); 

• As discussed in Unit III.D., 

potential disproportionate 

environmental health or safety effects 

on children pursuant to Executive Order 

13045, entitled Protection of Children 

from Environmental Health Risks and 

Safety Risks (62 FR 19885, April 23, 

1997); 

• Potential availability of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272). 

• Potential energy effects pursuant to 

Executive Order 13211, entitled Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001); and 

• Potential impacts in terms of costs 

and burdens associated with regulation 

options that the Agency may consider in 

developing a proposed rulemaking or 

other requirements, including potential 

activities and burdens associated with 

potential paperwork burdens pursuant 

to the Paperwork Reduction Act (PRA) 

(44 U.S.C. 3501 et seq.). 

The Agency will consider such 

comments and information in 

developing options as it considers 

appropriate steps to address any 

applicable requirements. 

List of Subjects in 40 CFR Part 152 

Administrative practice and 

procedure; Agricultural commodities; 

Environmental protection; Exemptions 

from pesticide regulation; Pesticides 

and pests; Reporting and recordkeeping 

requirements. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2023–22558 Filed 10–11–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2023–0106; 

FF09E21000 FXES11130900000234] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Findings for Two 

Petitions To Reclassify the West Indian 

Manatee 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notification of petition findings 

and initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce 

two 90-day findings on petitions to 

reclassify the West Indian manatee 

(Trichechus manatus), or populations 

thereof, under the Endangered Species 

Act of 1973, as amended (Act). Two 

valid subspecies of the West Indian 

manatee, the Florida manatee 

(Trichechus manatus latirostris) and 

Antillean manatee (Trichechus manatus 

manatus), are currently protected under 

the Act as part of the threatened West 

Indian manatee species-level listing. 

One petition requests the Puerto Rico 

population of the Antillean manatee be 

listed as an endangered distinct 

population segment (DPS) and critical 

habitat be designated for this entity 

under the Act. The second petition 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Proposed Rules 70635 

requests to reclassify the West Indian 

manatee, including its subspecies the 

Antillean manatee and Florida manatee, 

as endangered species under the Act. 

Based on our review, we find that the 

petitions present substantial scientific 

or commercial information indicating 

that the petitioned actions may be 

warranted. Therefore, with the 

publication of this document, we 

announce that we plan to initiate a 

status review to determine whether the 

petitioned actions are warranted. To 

ensure that the status review is 

comprehensive, we are requesting new 

scientific and commercial data and 

other information regarding the West 

Indian manatee throughout its range, 

including information specific to the 

Puerto Rico population of Antillean 

manatee, and factors that may affect 

their status. Based on the status review, 

we will issue a 12-month petition 

finding, which will address whether or 

not the petitioned actions are warranted, 

in accordance with the Act. 

DATES: The findings announced in this 

document were made on October 12, 

2023. 

ADDRESSES: 

Supporting documents: A summary of 

the basis for the petition findings 

contained in this document is available 

on https://www.regulations.gov in 

Docket No. FWS–R4–ES–2023–0106. In 

addition, this supporting information is 

available by contacting the person 

specified in FOR FURTHER INFORMATION

CONTACT. 

Status reviews: If you have new 

scientific or commercial data or other 

information concerning the status of, or 

threats to, the West Indian manatee, the 

Puerto Rico population of Antillean 

manatee, or their habitats, particularly 

new information available since our 

April 5, 2017, reclassification (April 5, 

2017; 82 FR 16668), please provide 

those data or information 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–2023–0106, which is 

the docket number for this action. Then, 

click on the ‘‘Search’’ button. After 

finding the correct document, you may 

submit information by clicking on 

‘‘Comment.’’ If your information will fit 

in the provided comment box, please 

use this feature of https://

www.regulations.gov, as it is most 

compatible with our information review 

procedures. If you attach your 

information as a separate document, our 

preferred file format is Microsoft Word. 

If you attach multiple comments (such 

as form letters), our preferred format is 

a spreadsheet in Microsoft Excel. 

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

to: Public Comments Processing, Attn: 

FWS–R4–ES–2023–0106, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send information 

only by the methods described above. 

Any information we receive during the 

course of our status review will be 

considered, and we will post all 

information we receive on https://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Rankin, Division of Conservation 

and Classification Manager, telephone: 

404–679–7089, email: Nicole_Rankin@

fws.gov. 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: 

Information Submitted for a Status 

Review 

You may submit your comments and 

materials concerning the status of, or 

threats to, the West Indian manatee, its 

subspecies or populations, including the 

Puerto Rico population of Antillean 

manatee, or their habitats, by one of the 

methods listed above in ADDRESSES. We 

request that you send comments only by 

the methods described in ADDRESSES. 

Please include sufficient information 

with your submission (such as scientific 

journal articles or other publications) to 

allow us to verify any scientific or 

commercial information you include. 

If you submit information via https:// 

www.regulations.gov, your entire 

submission—including any personal 

identifying information—will be posted 

on the website. If your submission is 

made via a hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy submissions 

on https://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing these findings, will be 

available for public inspection on 

https://www.regulations.gov. 

Background 

Section 4 of the Act (16 U.S.C. 1533 

et seq.) and its implementing 

regulations in title 50 of the Code of 

Federal Regulations (50 CFR part 424) 

set forth the procedures for adding 

species to, removing species from, or 

reclassifying species on the Federal 

Lists of Endangered and Threatened 

Wildlife and Plants (Lists) in 50 CFR 

part 17. Section 4(b)(3)(A) of the Act 

requires that we make a finding on 

whether a petition to add a species to 

the Lists (i.e., ‘‘list’’ a species), remove 

a species from the Lists (i.e., ‘‘delist’’ a 

species), or change a listed species’ 

status from endangered to threatened or 

from threatened to endangered (i.e., 

‘‘reclassify’’ a species) presents 

substantial scientific or commercial 

information indicating that the 

petitioned action may be warranted. To 

the maximum extent practicable, we are 

to make this finding within 90 days of 

our receipt of the petition and publish 

the finding promptly in the Federal 

Register. 

Our regulations establish that 

substantial scientific or commercial 

information with regard to a 90-day 

petition finding refers to credible 

scientific or commercial information in 

support of the petition’s claims such 

that a reasonable person conducting an 

impartial scientific review would 

conclude that the action proposed in the 

petition may be warranted (50 CFR 

424.14(h)(1)(i)). 

A species may be determined to be an 

endangered species or a threatened 

species because of one or more of the 

five factors described in section 4(a)(1) 

of the Act (16 U.S.C. 1533(a)(1)). The 

five factors are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range 

(Factor A); 

(b) Overutilization for commercial, 

recreational, scientific, or educational 

purposes (Factor B); 

(c) Disease or predation (Factor C); 

(d) The inadequacy of existing 

regulatory mechanisms (Factor D); and 

(e) Other natural or manmade factors 

affecting its continued existence (Factor 

E). 

These factors represent broad 

categories of natural or human-caused 

actions or conditions that could have an 

effect on a species’ continued existence. 

In evaluating these actions and 

conditions, we look for those that may 

have a negative effect on individuals of 

the species, as well as other actions or 

conditions that may ameliorate any 

negative effects or may have positive 

effects. 


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We use the term ‘‘threat’’ to refer in 

general to actions or conditions that are 

known to, or are reasonably likely to, 

affect individuals of a species 

negatively. The term ‘‘threat’’ includes 

actions or conditions that have a direct 

impact on individuals (direct impacts), 

as well as those that affect individuals 

through alteration of their habitat or 

required resources (stressors). The term 

‘‘threat’’ may encompass—either 

together or separately—the source of the 

action or condition, or the action or 

condition itself. However, the mere 

identification of any threat(s) may not 

be sufficient to compel a finding that the 

information in the petition is substantial 

information indicating that the 

petitioned action may be warranted. The 

information presented in a petition must 

include evidence sufficient to suggest 

that these threats may be affecting the 

species to the point that the species may 

meet the definition of an endangered 

species or threatened species under the 

Act. 

If we find that a petition presents 

such information, our subsequent status 

review will evaluate all identified 

threats by considering the individual-, 

population-, and species-level effects 

and the expected response by the 

species. We will evaluate individual 

threats and their expected effects on the 

species, then analyze the cumulative 

effect of the threats on the species as a 

whole. We also consider the cumulative 

effect of the threats in light of those 

actions and conditions that are expected 

to have positive effects on the species— 

such as any existing regulatory 

mechanisms or conservation efforts that 

may ameliorate threats. It is only after 

conducting this cumulative analysis of 

threats and the actions that may 

ameliorate them, and the expected effect 

on the species now and in the 

foreseeable future, that we can 

determine whether the species meets 

the definition of an endangered species 

or threatened species under the Act. If 

we find that a petition presents 

substantial scientific or commercial 

information indicating that the 

petitioned action may be warranted, the 

Act requires that we promptly 

commence a review of the status of the 

species, and we will subsequently 

complete a status review in accordance 

with our prioritization methodology for 

12-month findings (81 FR 49248; July 

27, 2016). 

We note that designating critical 

habitat is not a petitionable action under 

the Act. Petitions to designate critical 

habitat (for species without existing 

critical habitat, including a potential 

DPS of the Puerto Rico population of 

Antillean manatee) are reviewed under 

the Administrative Procedure Act (5 

U.S.C. 1531 et seq.) and are not 

addressed in this finding (see 50 CFR 

424.14(j)). To the maximum extent 

prudent and determinable, any 

proposed critical habitat will be 

addressed concurrently with a proposed 

rule to list a species, if applicable. 

Species and Range 

The West Indian manatee (Trichechus 

manatus) is currently listed on the List 

of Endangered and Threatened Wildlife 

at 50 CFR 17.11(h) as a threatened 

species under the Act (April 5, 2017; 82 

FR 16668). The West Indian manatee 

includes two valid subspecies, the 

Florida manatee (Trichechus manatus 

latirostris) and Antillean manatee 

(Trichechus manatus manatus). The 

range of the Florida manatee includes 

the U.S. Atlantic and Gulf of Mexico 

coasts, as well as northern portions of 

the Caribbean, from the Bahamas to 

Turks and Caicos. The Antillean 

manatee is found in the southern 

portions of the Caribbean, including 

Cuba, Hispaniola, Puerto Rico, Virgin 

Islands, Cayman Islands, and Jamaica; 

in Central America from Mexico’s 

southeast Caribbean coast to the 

Caribbean coast of Panama; Trinidad 

and Tobago; and south to Brazil’s 

Atlantic coastline. 

History of the Petitions Received 

On October 21, 2021, we received a 

petition from Julio C. Colo ́n requesting 

that the Puerto Rico population of the 

Antillean manatee be listed as an 

endangered distinct population segment 

(DPS) and that critical habitat be 

designated for this entity under the Act. 

On November 21, 2022, we received a 

petition from the Center for Biological 

Diversity, Brooks McCormick Jr. Animal 

Law & Policy Program at Harvard Law 

School, Miami Waterkeeper, Save the 

Manatee Club, and Frank S. Gonza ́lez 

Garcı ́a requesting that the West Indian 

manatee, including its subspecies 

Florida manatee and Antillean manatee, 

be reclassified as endangered. Both 

petitions clearly identified themselves 

as such and included the requisite 

identification information for the 

petitioner, required at 50 CFR 424.14(c). 

This finding addresses both of those 

petitions. 

Summary of Petition Findings 

Evaluation of a Petition To Designate 

and Reclassify (Uplist) the Puerto Rico 

Population of Antillean Manatee 

Because the West Indian manatee 

includes two recognized subspecies, the 

Florida manatee (Trichechus manatus 

latirostris) and the Antillean manatee 

(Trichechus manatus manatus), the 

Puerto Rico population of the Antillean 

manatee is currently protected under 

the Act as part of the threatened West 

Indian manatee species-level listing. 

Julio C. Colo ́n’s petition requests that 

we determine the Puerto Rico 

population of the Antillean manatee is 

a DPS, uplist it as an endangered 

species, and designate critical habitat 

for the DPS under the Act. We find that 

the petition presents substantial 

information that the Puerto Rico 

population of Antillean manatee may 

qualify as a DPS. Additionally, we find 

that the petition presents substantial 

information that boat collisions (Factor 

E) and low genetic diversity and 

isolation (Factor E) may be threats to the 

Puerto Rico manatee population such 

that the population may meet the 

definition of an endangered species 

under the Act. Therefore, we find that 

the petition presents substantial 

information that the petitioned action, 

identifying and then reclassifying as 

endangered a Puerto Rico DPS, may be 

warranted, and we will commence a 

status review to determine if the action 

is warranted. During our 12-month 

status review, if we determine the 

Puerto Rico manatee population is a 

DPS, we will fully evaluate all relevant 

threats and conservation actions in 

detail pursuant to the Act’s requirement 

to review the best scientific and 

commercial information available to 

support a finding that the Puerto Rico 

DPS is in danger of extinction 

throughout all or a significant portion of 

its range. 

Evaluation of a Petition To Reclassify 

(Uplist) the West Indian Manatee and 

Subspecies Florida Manatee and 

Antillean Manatee 

The petition from the Center for 

Biological Diversity, Brooks McCormick 

Jr. Animal Law & Policy Program at 

Harvard Law School, Miami 

Waterkeeper, Save the Manatee Club, 

and Frank S. Gonza ́lez Garcı ́a requests 

that we reclassify the West Indian 

manatee, including its subspecies 

Florida manatee and Antillean manatee, 

as an endangered species under the Act. 

We find the petition presents substantial 

information that seagrass loss (Factor A) 

may be a threat to the species such that 

it may meet the definition of an 

endangered species under the Act. 

Therefore, we find that the petition 

presents substantial information that the 

petitioned action, reclassifying the West 

Indian manatee as endangered, may be 

warranted and we will commence a 

status review to determine if the action 

is warranted. 


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The petition also presented 

information suggesting other activities 

may be threats to the West Indian 

manatee, including loss of warm-water 

refugia, loss of freshwater access, coastal 

development, and boating and 

recreational disturbance (Factor A); 

harassment (Factor B); bacterial 

infections (Factor C); and boat strikes, 

marine debris, contaminants, invasive 

species, and climate change (Factor E). 

Our status review will evaluate all 

relevant threats and conservation 

actions in detail based on the best 

scientific and commercial data 

available, including whether these 

threats towards the listed or listable 

entities may be ameliorated or 

exacerbated by any existing regulatory 

mechanisms or conservation efforts to 

support a finding that the West Indian 

manatee, Florida manatee, or Antillean 

manatee is in danger of extinction 

throughout all or a significant portion of 

its range. 

Evaluation of Information Summary 

and Finding 

We reviewed the petitions, sources 

cited in the petitions, and other readily 

available information. We considered 

the factors under section 4(a)(1) of the 

Act and assessed the effect that the 

threats identified within the factors may 

have on the Puerto Rico population of 

Antillean manatee and the West Indian 

manatee now and in the foreseeable 

future. We also considered existing 

regulatory mechanisms or conservation 

efforts that may ameliorate, reduce, or 

exacerbate the threats. Based on our 

review of the petitions and readily 

available information regarding boat 

collisions, genetic diversity loss, and 

seagrass loss, we find that these two 

petitions present credible and 

substantial information that the 

petitioned actions may be warranted. 

We will fully evaluate these and all 

other potential threats for the listed and 

listable entities, as well as the validity 

of the Puerto Rico DPS, in detail based 

on the best scientific and commercial 

data available when we conduct a status 

assessment and make the 12-month 

findings. 

In accordance with the requirements 

of the statute, our 12-month findings on 

these two petitions to identify and 

reclassify a DPS in Puerto Rico, as well 

as reclassify (uplist) the West Indian 

manatee and its subspecies, the Florida 

manatee and Antillean manatee, will be 

based upon the best scientific and 

commercial data available and will not 

be limited to the information presented 

in the petitions. Similarly, if we make 

one or more ‘‘warranted’’ 12-month 

findings, we may identify a DPS in that 

finding based on the best scientific and 

commercial data available; we will not 

be limited to the possible DPS described 

in the petition. If we do identify and 

propose to uplist a DPS, we will 

consider that proposal in the context of 

the ongoing recovery for the rest of the 

population in the larger currently listed 

entity. 

The basis for our finding on these 

petitions, and other information 

regarding our review of the petitions, 

including the 2017 reclassification and 

2007 5-year status review, can be found 

at https://www.regulations.gov under 

Docket No. FWS–R4–ES–2023–0106 

under the Supporting & Related Material 

section. 

Conclusion 

On the basis of our evaluation of the 

information presented in the petitions 

under sections 4(b)(3)(A) and 

4(b)(3)(D)(i) of the Act, we have 

determined that the two petitions 

summarized above for the Puerto Rico 

population of Antillean manatee, as 

well as the West Indian manatee, 

present substantial scientific or 

commercial information indicating that 

the petitioned actions may be 

warranted. We are, therefore, initiating 

a status review of the West Indian 

manatee rangewide. This status review 

will include a determination on whether 

a Puerto Rico DPS for the Antillean 

manatee has the same or a different 

status than the Antillean manatee 

rangewide. This status review will 

determine whether the petitioned 

actions are warranted under the Act. At 

the conclusion of the status review, we 

will issue a finding, in accordance with 

section 4(b)(3)(B) of the Act, as to 

whether the petitioned actions are not 

warranted, warranted, or warranted but 

precluded by pending proposals to 

determine whether other species are an 

endangered or threatened species. 

Authors 

The primary authors of this document 

are staff members of the Division of 

Conservation and Classification, 

Ecological Services Program, U.S. Fish 

and Wildlife Service. 

Authority 

The authority for these actions is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Janine Velasco, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2023–21674 Filed 10–11–23; 8:45 am] 

BILLING CODE 4333–15–P 


ddrumheller on DSK120RN23PROD with PROPOSALS1