35174 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Proposed Rules 

§ 73.671 Educational and informational 

programming for children. 

* * * * * 

(c) * * * 

(3) For commercial broadcast stations 

only, the program is identified as 

specifically designed to educate and 

inform children by the display on the 

television screen throughout the 

program of the symbol E/I; 

* * * * * 

■ 3. Amend § 73.671 by removing 

paragraph (d), redesignating paragraph 

(e) as paragraph (d), and revising 

redesignated paragraph (d) to read as 

follows: 

§ 73.671 Educational and informational 

programming for children. 

* * * * * 

(d) The Commission will apply the 

following processing guideline to digital 

stations in assessing whether a 

television broadcast licensee has 

complied with the Children’s Television 

Act of 1990 (‘‘CTA’’) on its digital 

channel(s). A digital television licensee 

that has aired at least three hours per 

week of Core Programming (as defined 

in paragraph (c) of this section and as 

averaged over a six month period) on its 

main program stream will be deemed to 

have satisfied its obligation to air such 

programming and shall have the CTA 

portion of its license renewal 

application approved by the 

Commission staff. The licensee may air 

all of the Core Programing on its main 

program stream or on another free 

program stream, or may distribute it 

across multiple free program streams, at 

its discretion. Licensees that do not 

meet this processing guidelines will 

have full opportunity to demonstrate 

compliance with the CTA and be 

eligible for such staff approval by 

relying in part on sponsorship of Core 

educational/informational programs on 

other stations in the market that 

increases the amount of Core 

educational and informational 

programming on the station airing the 

sponsored program and/or on special 

nonbroadcast efforts which enhance the 

value of children’s educational and 

informational television programming. 

■ 4. Amend 73.3526 by revising 

paragraph (e)(11)(iii) to read as follows: 

§ 73.3526 Local public inspection file of 

commercial stations. 

(e) * * * 

(11) * * * 

(iii) Children’s television 

programming reports. For commercial 

TV broadcast stations on an annual 

basis, a completed Children’s Television 

Programming Report (‘‘Report’’), on FCC 

Form 398, reflecting efforts made by the 

licensee during the preceding year to 

serve the educational and informational 

needs of children. The Report is to be 

placed in the public inspection file by 

the tenth day of the succeeding calendar 

year. By this date, a copy of the Report 

is also to be filed electronically with the 

FCC. The Report shall identify the 

licensee’s educational and informational 

programming efforts, including 

programs aired by the station that are 

specifically designed to serve the 

educational and informational needs of 

children, and it shall explain how 

programs identified as Core 

Programming meet the definition set 

forth in § 73.671(c). The Report shall 

include the name of the individual at 

the station responsible for collecting 

comments on the station’s compliance 

with the Children’s Television Act, and 

it shall be separated from other 

materials in the public inspection file. 

The Report shall also identify the 

program guide publishers to which 

information regarding the licensee’s 

educational and informational 

programming was provided as required 

in § 73.673, as well as the station’s 

license renewal date. These Reports 

shall be retained in the public 

inspection file until final action has 

been taken on the station’s next license 

renewal application. 

* * * * * 

[FR Doc. 2018–15819 Filed 7–24–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2018–0007; 

4500030113] 

RIN 1018–BC97 

Endangered and Threatened Wildlife 

and Plants; Revision of the 

Regulations for Prohibitions to 

Threatened Wildlife and Plants 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, propose to revise our 

regulations extending most of the 

prohibitions for activities involving 

endangered species to threatened 

species. For species already listed as a 

threatened species, the proposed 

regulations would not alter the 

applicable prohibitions. The proposed 

regulations would require the Service, 

pursuant to section 4(d) of the 

Endangered Species Act, to determine 

what, if any, protective regulations are 

appropriate for species that the Service 

in the future determines to be 

threatened. 

DATES: We will accept comments 

received or postmarked on or before 

September 24, 2018. 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: http://

www.regulations.gov. In the Search box, 

enter FWS–HQ–ES–2018–0007, which 

is the docket number for this 

rulemaking. Then, in the Search panel 

on the left side of the screen, under the 

Document Type heading, click on the 

Proposed Rules link to locate this 

document. You may submit a comment 

by clicking on ‘‘Comment Now!’’ 

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

or hand-delivery to: Public Comments 

Processing, Attn: FWS–HQ–ES–2018– 

0007; U.S. Fish and Wildlife Service, 

MS: BPHC, 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 http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Request 

for Information, below, for more 

information). 

FOR FURTHER INFORMATION CONTACT: 

Bridget Fahey, U.S. Fish and Wildlife 

Service, Division of Conservation and 

Classification, 5275 Leesburg Pike, Falls 

Church, VA 22041–3803, telephone 

703/358–2171. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Relay Service at 

800/877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

The Endangered Species Act of 1973, 

as amended (‘‘ESA’’ or ‘‘Act’’; 16 U.S.C. 

1531 et seq.), states that the purposes of 

the Act are to provide a means to 

conserve the ecosystems upon which 

listed species depend, to develop a 

program for the conservation of listed 

species, and to achieve the purposes of 

certain treaties and conventions. 

Moreover, the Act states that it is the 

policy of Congress that the Federal 

Government will seek to conserve 

threatened and endangered species and 

use its authorities to further the 

purposes of the Act. This proposed 

rulemaking action pertains primarily to 


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sections 4 and 9 of the Act: Section 9 

sets forth prohibitions for activities 

pertaining to species listed under the 

Act, and section 4(d) pertains to 

protective regulations for threatened 

species. 

This proposed rule is one of three 

related proposed rules that are 

publishing in today’s Federal Register. 

All of these documents propose 

revisions to various regulations that 

implement the ESA. 

In carrying out Executive Order 

13777, ‘‘Enforcing the Regulatory 

Reform Agenda,’’ the Department of the 

Interior (DOI) published a document 

with the title ‘‘Regulatory Reform’’ in 

the Federal Register of June 22, 2017 

(82 FR 28429). The document requested 

public comment on how DOI can 

improve implementation of regulatory 

reform initiatives and policies and 

identify regulations for repeal, 

replacement, or modification. This 

proposed rule and the two related 

proposed rules in today’s Federal 

Register address some of the comments 

that DOI has received in response to the 

regulatory reform docket. 

Proposed Changes to Part 17 

The regulations that implement the 

ESA are located in title 50 of the Code 

of Federal Regulations. This proposed 

rule would revise regulations found in 

part 17 of title 50, particularly in 

subpart D, which pertains to threatened 

wildlife, and subpart G, which pertains 

to threatened plants. 

We propose to amend §§ 17.31 and 

17.71, along with conforming 

amendments to other sections of title 50. 

Among other changes, the proposal 

would add language in both sections to 

paragraph (a) to specify that its 

provisions apply only to species listed 

as threatened species on or before the 

effective date of this rule. Species listed 

or reclassified as a threatened species 

after the effective date of this rule, if 

finalized, would have protective 

regulations only if the Service 

promulgates a species-specific rule (also 

referred to as a special rule). In those 

cases, we intend to finalize the speciesspecific rule concurrent with the final 

listing or reclassification determination. 

Notwithstanding our intention, we have 

discretion to revise or promulgate 

species-specific rules at any time after 

the final listing or reclassification 

determination. However, we specifically 

request comments on our stated 

intention of finalizing species-specific 

rules concurrent with final listing rules, 

including whether we should include 

any binding requirement in the 

regulatory text to do so, such as setting 

a timeframe for finalizing speciesspecific rules after a final listing or 

reclassification determination. 

This change would make our 

regulatory approach for threatened 

species parallel with the approach that 

the National Marine Fisheries Service 

(NMFS) has taken since Congress added 

section 4(d) to the Act, as discussed 

below. The protective regulations that 

currently apply to threatened species 

would not change, unless the Service 

adopts a species-specific rule in the 

future. As of the date of this proposal, 

there are species-specific protective 

regulations for threatened wildlife in 

subpart D of part 17, but the Service has 

not adopted any species-specific 

protective regulations for plants. The 

proposed regulations would not affect 

the consultation obligations of Federal 

agencies pursuant to section 7 of the 

Act. The proposed regulations would 

not change permitting pursuant to 50 

CFR 17.32. 

The prohibitions set forth in ESA 

Section 9 expressly apply only to 

species listed as endangered under the 

Act, as opposed to threatened. 16 U.S.C. 

1538(a). ESA Section 4(d), however, 

provides that the Secretaries may by 

regulation extend some or all of the 

Section 9 prohibitions to any species 

listed as threatened. Id. § 1533(d). 16 

U.S.C. 1533(d). See, also S. Rep. 93–307 

(July 1, 1973) (in amending the ESA to 

include the protection of threatened 

species and creating ‘‘two levels of 

protection’’ for endangered species and 

threatened species, ‘‘regulatory 

mechanisms may more easily be tailored 

to the needs of the’’ species). Our 

existing regulations in §§ 17.31 and 

17.71, extending most of the 

prohibitions for endangered species to 

threatened species unless altered by a 

specific regulation, is one reasonable 

approach to exercising the discretion 

granted to the Service by section 4(d) of 

the Act. See Sweet Home Chapter of 

Communities for a Great Or. v. Babbitt, 

1 F.3d 1, 7 (D.C. Cir. 1993) (‘‘regardless 

of the ESA’s overall design, § 1533(d) 

arguably grants the FWS the discretion 

to extend the maximum protection to all 

threatened species at once, if guided by 

its expertise in the field of wildlife 

protection, it finds it expeditious to do 

so’’), altered on other grounds in 

rehearing, 17 F.3d 1463 (D.C. Cir. 1994). 

Another reasonable approach is the 

one that the Department of Commerce, 

through NMFS, has taken in regard to 

the species under its purview. NMFS 

did not adopt regulations that extended 

most of the prohibitions for endangered 

species to threatened species as we did. 

Rather, for each species that they list as 

threatened, NMFS promulgates the 

appropriate regulations to put in place 

prohibitions, protections, or restrictions 

tailored specifically to that species. In 

more than 40 years of implementing the 

Act, NMFS has successfully 

implemented the provisions of the Act 

using this approach. 

Moreover, we have gained 

considerable experience in developing 

species-specific rules over the years. 

Where we have developed speciesspecific 4(d) rules, we have seen many 

benefits, including removing redundant 

permitting requirements, facilitating 

implementation of beneficial 

conservation actions, and making better 

use of our limited personnel and fiscal 

resources by focusing prohibitions on 

the stressors contributing to the 

threatened status of the species. This 

revision allows us to capitalize on these 

benefits in tailoring the regulations to 

the conservation needs of the species. 

For example, we finalized a speciesspecific 4(d) rule for the coastal 

California gnatcatcher (Polioptila 

californica californica) on December 10, 

1993 (58 FR 65088). In that 4(d) rule, we 

determined that activities that met the 

requirements of the State of California’s 

Natural Communities Conservation Plan 

for the protection of coastal sage scrub 

habitat would not constitute violations 

of section 9 of the Act. Similarly, in 

2016, we finalized the listing of the 

Kentucky arrow darter (Etheostoma 

spilotum) with a species-specific 4(d) 

rule that exempts take as a result of 

beneficial in-stream habitat 

enhancement projects, bridge and 

culvert replacement, and maintenance 

of stream crossings on lands managed 

by the U.S. Forest Service in habitats 

occupied by the species (81 FR 68963, 

October 5, 2016). As with both of these 

examples, if the proposed rule is 

finalized, we would continue our 

practice of explaining in the preamble 

the rationale for the species-specific 

prohibitions included in each 4(d) rule. 

Upon reviewing the approach NMFS 

has taken and in light of the benefits we 

have noted in developing speciesspecific rules, we now conclude these 

proposed changes will align our 

practices with those of NMFS regarding 

threatened species under Department of 

Commerce purview, but also that they 

will better tailor protections to the 

needs of the threatened species while 

still providing meaning to the statutory 

distinction between ‘‘endangered 

species’’ and ‘‘threatened species.’’ 

The proposed regulations would 

remove the references to subpart A in 

§ 17.31 and § 17.71. In § 17.31, we 

propose to specify which sections apply 

to wildlife, to be more transparent as to 

which provisions contain exceptions to 

the prohibitions. In § 17.71, we propose 


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to remove all reference to subpart A, 

because none of those exceptions apply 

to plants. 

In proposing the specific changes to 

the regulations that follow, and setting 

out the accompanying clarifying 

discussion in this preamble, the Service 

is establishing prospective standards 

only. Nothing in these proposed revised 

regulations is intended to require (now 

or at such time as these regulations may 

become final) that any previous listing, 

delisting, or reclassification 

determinations or species-specific 

protective regulations be reevaluated on 

the basis of any final regulations. The 

existing protections for currently-listed 

threatened species are within the 

discretion expressly delegated to the 

Secretary by Congress. 

Pursuant to section 10(j) of the Act, 

members of experimental populations 

are generally treated as threatened 

species and, pursuant to 50 CFR 17.81, 

populations are designated through 

population-specific regulation found in 

§§ 17.84–17.86. As under our existing 

practice, each such population-specific 

regulation will contain all of the 

applicable prohibitions, along with any 

exceptions to prohibitions, for that 

experimental population. None of the 

changes associated with this rulemaking 

will change existing special rules for 

experimental populations. Any 10(j) 

special rules promulgated after the 

effective date of this rule which make 

applicable to a non-essential 

experimental population some or all of 

the prohibitions that statutorily apply to 

endangered species will not refer to 50 

CFR 17.31(a); rather, they will instead 

independently articulate those 

prohibitions or refer to 50 CFR 17.21. 

Request for Information 

Any final rule based on this proposal 

will consider information and 

recommendations timely submitted 

from all interested parties. We solicit 

comments, information, and 

recommendations from governmental 

agencies, Native American tribes, the 

scientific community, industry groups, 

environmental interest groups, and any 

other interested parties on this proposed 

rule. All comments and materials 

received by the date listed in DATES, 

above, will be considered prior to the 

approval of a final rule. 

You may submit your information 

concerning this proposed rule by one of 

the methods listed in ADDRESSES. If you 

submit information via http://

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 personal 

identifying information from public 

review. However, we cannot guarantee 

that we will be able to do so. We will 

post all hardcopy submissions on http:// 

www.regulations.gov. 

Information and supporting 

documentation that we receive in 

response to this proposed rule will be 

available for you to review at http://

www.regulations.gov in Docket No. 

FWS–HQ–ES–2018–0007. 

Required Determinations 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Management and Budget’s 

Office of Information and Regulatory 

Affairs (OIRA) will review all significant 

rules. OIRA has determined that this 

rule is significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. This proposed rule 

is consistent with Executive Order 

13563, and in particular with the 

requirement of retrospective analysis of 

existing rules, designed ‘‘to make the 

agency’s regulatory program more 

effective or less burdensome in 

achieving the regulatory objectives.’’ 

Executive Order 13771 

This proposed rule is expected to be 

an Executive Order 13771 deregulatory 

action. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(as amended by the Small Business 

Regulatory Enforcement Fairness Act 

(SBREFA) of 1996; 5 U.S.C. 601 et seq.), 

whenever a Federal agency is required 

to publish a notice of rulemaking for 

any proposed or final rule, it must 

prepare, and make available for public 

comment, a regulatory flexibility 

analysis that describes the effect of the 

rule on small entities (i.e., small 

businesses, small organizations, and 

small government jurisdictions). 

However, no regulatory flexibility 

analysis is required if the head of an 

agency, or his designee, certifies that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities. SBREFA 

amended the Regulatory Flexibility Act 

to require Federal agencies to provide a 

statement of the factual basis for 

certifying that a rule will not have a 

significant economic impact on a 

substantial number of small entities. We 

certify that, if adopted as proposed, this 

proposed rule would not have a 

significant economic effect on a 

substantial number of small entities. 

The following discussion explains our 

rationale. 

This rulemaking revises the 

regulations for 4(d) rules for species 

determined to meet the definition of a 

‘‘threatened species’’ under the Act. The 

changes in this proposed rule are 

instructive regulations and do not affect 

small entities. 

The Service is the only entity that is 

directly affected by this proposed 

regulation change at 50 CFR part 17 

because we are the only entity that is 

affected by changes to this section of the 

Code of Federal Regulations. No 

external entities, including any small 

businesses, small organizations, or small 

governments, will experience any 

economic impacts from this rule. 

Consequently, this proposed rulemaking 

action is not a major rule under 

SBREFA. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.): 

(a) On the basis of information 

contained in the Regulatory Flexibility 

Act section above, this proposed rule 

would not ‘‘significantly or uniquely’’ 

affect small governments. We have 

determined and certify pursuant to the 

Unfunded Mandates Reform Act, 2 

U.S.C. 1502, that this rule would not 

impose a cost of $100 million or more 

in any given year on local or State 

governments or private entities. A Small 

Government Agency Plan is not 

required. As explained above, small 

governments would not be affected 

because the proposed rule would not 

place additional requirements on any 

city, county, or other local 

municipalities. 

(b) This proposed rule would not 

produce a Federal mandate on State, 


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local, or tribal governments or the 

private sector of $100 million or greater 

in any year; that is, this proposed rule 

is not a ‘‘significant regulatory action’’ 

under the Unfunded Mandates Reform 

Act. This proposed rule would impose 

no obligations on State, local, or tribal 

governments. 

Takings (E.O. 12630) 

In accordance with Executive Order 

12630, this proposed rule would not 

have significant takings implications. 

This proposed rule would not pertain to 

‘‘taking’’ of private property interests, 

nor would it directly affect private 

property. A takings implication 

assessment is not required because this 

proposed rule (1) would not effectively 

compel a property owner to suffer a 

physical invasion of property and (2) 

would not deny all economically 

beneficial or productive use of the land 

or aquatic resources. This proposed rule 

would substantially advance a 

legitimate government interest 

(conservation and recovery of 

endangered and threatened species) and 

would not present a barrier to all 

reasonable and expected beneficial use 

of private property. 

Federalism (E.O. 13132) 

In accordance with Executive Order 

13132, we have considered whether this 

proposed rule would have significant 

Federalism effects and have determined 

that a federalism summary impact 

statement is not required. This proposed 

rule pertains only to prohibitions for 

activities pertaining to threatened 

species under the Endangered Species 

Act and would not have substantial 

direct effects on the States, on the 

relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

Civil Justice Reform (E.O. 12988) 

This proposed rule does not unduly 

burden the judicial system and meets 

the applicable standards provided in 

sections 3(a) and 3(b)(2) of Executive 

Order 12988. This proposed rule would 

clarify the prohibitions to threatened 

species under the Endangered Species 

Act. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and the Department of the 

Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements, 

and a submission to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520) is not required. 

We may not conduct or sponsor and you 

are not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. 

National Environmental Policy Act 

We are analyzing this proposed 

regulation in accordance with the 

criteria of the National Environmental 

Policy Act (NEPA), the Department of 

the Interior regulations on 

Implementation of the National 

Environmental Policy Act (43 CFR 

46.10–46.450), and the Department of 

the Interior Manual (516 DM 8). 

We anticipate that the categorical 

exclusion found at 43 CFR 46.210(i) 

likely applies to these proposed 

regulation changes. At 43 CFR 46.210(i), 

the Department of the Interior has found 

that the following category of actions 

would not individually or cumulatively 

have a significant effect on the human 

environment and are, therefore, 

categorically excluded from the 

requirement for completion of an 

environmental assessment or 

environmental impact statement: 

‘‘Policies, directives, regulations, and 

guidelines: that are of an administrative, 

financial, legal, technical, or procedural 

nature.’’ 

We invite the public to comment on 

the extent to which this proposed 

regulation may have a significant impact 

on the human environment, or fall 

within one of the categorical exclusions 

for actions that have no individual or 

cumulative effect on the quality of the 

human environment. We will complete 

our analysis, in compliance with NEPA, 

before finalizing this proposed rule. 

Energy Supply, Distribution or Use (E.O. 

13211) 

Executive Order 13211 requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. This proposed rule, if made 

final, is not expected to affect energy 

supplies, distribution, and use. 

Therefore, this action is not a significant 

energy action, and no Statement of 

Energy Effects is required. 

Clarity of the Rule 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(1) Be logically organized; 

(2) Use the active voice to address 

readers directly; 

(3) Use clear language rather than 

jargon; 

(4) Be divided into short sections and 

sentences; and 

(5) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in ADDRESSES. To 

better help us revise the rule, your 

comments should be as specific as 

possible. For example, you should tell 

us the numbers of the sections or 

paragraphs that are unclearly written, 

which sections or sentences are too 

long, the sections where you feel lists or 

tables would be useful, etc. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Proposed Regulation Promulgation 

Accordingly, we hereby propose to 

amend part 17, subchapter B of chapter 

I, title 50 of the Code of Federal 

Regulations, as set forth below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ . 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

■ . 2. Revise § 17.31 to read as follows: 

§ 17.31 Prohibitions. 

(a) Except as provided in §§ 17.4 

through 17.8, or in a permit issued 

under this subpart, all of the provisions 

of § 17.21, except § 17.21(c)(5), shall 

apply to threatened species of wildlife 

that were added to the List of 

Endangered and Threatened Wildlife in 

§ 17.11(h) on or prior to [EFFECTIVE DATE

OF THE FINAL RULE], unless the Secretary 

has promulgated species-specific 

provisions (see paragraph (c) of this 

section). 

(b) In addition to any other provisions 

of this part 17, any employee or agent 

of the Service, of the National Marine 

Fisheries Service, or of a State 

conservation agency that is operating a 

conservation program pursuant to the 


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terms of a cooperative agreement with 

the Service in accordance with section 

6(c) of the Act, who is designated by 

that agency for such purposes, may, 

when acting in the course of official 

duties, take those threatened species of 

wildlife that are covered by an approved 

cooperative agreement to carry out 

conservation programs. 

(c) Whenever a species-specific rule 

in §§ 17.40 through 17.48 applies to a 

threatened species, none of the 

provisions of paragraphs (a) and (b) of 

this section will apply. The speciesspecific rule will contain all the 

applicable prohibitions and exceptions. 

■ 3. Revise § 17.71 to read as follows: 

§ 17.71 Prohibitions. 

(a) Except as provided in a permit 

issued under this subpart, all of the 

provisions of § 17.61 shall apply to 

threatened species of plants that were 

added to the List of Endangered and 

Threatened Plants in § 17.12(h) on or 

prior to [EFFECTIVE DATE OF THE FINAL

RULE], with the following exception: 

Seeds of cultivated specimens of species 

treated as threatened shall be exempt 

from all the provisions of § 17.61, 

provided that a statement that the seeds 

are of ‘‘cultivated origin’’ accompanies 

the seeds or their container during the 

course of any activity otherwise subject 

to these regulations. 

(b) In addition to any provisions of 

this part 17, any employee or agent of 

the Service or of a State conservation 

agency that is operating a conservation 

program pursuant to the terms of a 

cooperative agreement with the Service 

in accordance with section 6(c) of the 

Act, who is designated by that agency 

for such purposes, may, when acting in 

the course of official duties, remove and 

reduce to possession from areas under 

Federal jurisdiction those threatened 

species of plants that are covered by an 

approved cooperative agreement to 

carry out conservation programs. 

(c) Whenever a species-specific rule 

in §§ 17.73 through 17.78 applies to a 

threatened species, the species-specific 

rule will contain all the applicable 

prohibitions and exceptions. 

Dated: July 18, 2018. 

Ryan K. Zinke, 

Secretary, Department of the Interior. 

[FR Doc. 2018–15811 Filed 7–24–18; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 402 

[Docket No. FWS–HQ–ES–2018–0009; 

FXES11140900000–189–FF09E300000; 

Docket No. 180207140–8140–01; 

4500090023] 

RIN 1018–BC87; 0648–BH41 

Endangered and Threatened Wildlife 

and Plants; Revision of Regulations for 

Interagency Cooperation 

AGENCY: U.S. Fish and Wildlife Service 

(FWS), Interior; National Marine 

Fisheries Service (NMFS), National 

Oceanic and Atmospheric 

Administration (NOAA), Commerce. 

ACTION: Proposed rule. 

SUMMARY: We, FWS and NMFS 

(collectively referred to as the 

‘‘Services’’ or ‘‘we’’), propose to amend 

portions of our regulations that 

implement section 7 of the Endangered 

Species Act of 1973, as amended. The 

Services are proposing these changes to 

improve and clarify the interagency 

consultation processes and make them 

more efficient and consistent. 

DATES: We will accept comments from 

all interested parties until September 

24, 2018. Please note that if you are 

using the Federal eRulemaking Portal 

(see ADDRESSES below), the deadline for 

submitting an electronic comment is 

11:59 p.m. Eastern Standard Time on 

this date. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter FWS–HQ–ES–2018–0009, which 

is the docket number for this 

rulemaking. Then, in the Search panel 

on the left side of the screen, under the 

Document Type heading, click on the 

Proposed Rules link to locate this 

document. You may submit a comment 

by clicking on ‘‘Comment Now!’’ 

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

or hand-delivery to: Public Comments 

Processing, Attn: FWS–HQ–ES–2018– 

0009; U.S. Fish and Wildlife Service, 

MS: BPHC, 5275 Leesburg Pike, Falls 

Church, VA 22041–3803 or National 

Marine Fisheries Service, Office of 

Protected Resources, 1315 East-West 

Highway, Silver Spring, MD 20910. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Request 

for Information below for more 

information). 

FOR FURTHER INFORMATION CONTACT: 

Craig Aubrey, U.S. Fish and Wildlife 

Service, Division of Environmental 

Review, 5275 Leesburg Pike, Falls 

Church, VA 22041–3803, telephone 

703/358–2442; or Cathy Tortorici, ESA 

Interagency Cooperation Division, 

Office of Protected Resources, 1315 

East-West Highway, Silver Spring, MD 

20910, telephone 301/427–8495. If you 

use a telecommunications device for the 

deaf (TDD), call the Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

The purposes of the Endangered 

Species Act of 1973, as amended 

(‘‘ESA’’ or ‘‘Act’’; 16 U.S.C. 1531 et seq.) 

are to provide a means to conserve the 

ecosystems upon which listed species 

depend, to develop a program for the 

conservation of listed species, and to 

achieve the purposes of certain treaties 

and conventions. Moreover, the Act 

states that it is the policy of Congress 

that the Federal Government will seek 

to conserve threatened and endangered 

species, and use its authorities in 

furtherance of the purposes of the Act. 

The Secretaries of the Interior and 

Commerce share responsibilities for 

implementing most of the provisions of 

the Act. Generally, marine species are 

under the jurisdiction of the Secretary of 

Commerce, and all other species are 

under the jurisdiction of the Secretary of 

the Interior. Authority to administer the 

Act has been delegated by the Secretary 

of the Interior to the Director of the U.S. 

Fish and Wildlife Service (FWS) and by 

the Secretary of Commerce to the 

Assistant Administrator for the National 

Marine Fisheries Service (NMFS). 

References in this document to ‘‘the 

Services’’ mean FWS and NMFS. 

There have been no comprehensive 

amendments to the Act since 1988, and 

no comprehensive revisions to the 

implementing regulations since 1986. In 

the years since those changes took 

place, much has happened: The 

Services have gained considerable 

experience in implementing the Act, as 

have other Federal agencies, States, and 

property owners; there have been 

numerous court decisions regarding 

almost every provision of the Act and its 

implementing regulations; the 

Government Accountability Office has 

completed reviews of the Act’s 

implementation; there have been many 


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