Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2085 

Lifeline subscribers the resulting 

amount. 

* * * * * 

■ 3. Amend § 54.410 by revising 

paragraphs (b)(2)(ii), (c)(2)(ii), and (e) to 

read as follows: 

§ 54.410 Subscriber eligibility 

determination and certification. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) If a state Lifeline administrator or 

other state agency is responsible for the 

initial determination of a subscriber’s 

eligibility, a copy of the subscriber’s 

certification that complies with the 

requirements set forth in paragraph (d) 

of this section. 

* * * * * 

(c) * * * 

(2) * * * 

(ii) If a state Lifeline administrator or 

other state agency is responsible for the 

initial determination of a subscriber’s 

eligibility, a copy of the subscriber’s 

certification that complies with the 

requirements set forth in paragraph (d) 

of this section. 

* * * * * 

(e) State Lifeline administrators or 

other state agencies that are responsible 

for the initial determination of a 

subscriber’s eligibility for Lifeline must 

provide each eligible 

telecommunications carrier with a copy 

of each of the certification forms 

collected by the state Lifeline 

administrator or other state agency for 

that carrier’s subscribers. 

* * * * * 

§ 54.411 [Removed and Reserved] 

■ 4. Remove and reserve § 54.411. 

■ 5. Revise § 54.413 to read as follows: 

§ 54.413 Link Up for rural Tribal lands. 

(a) For purposes of this subpart, the 

term ‘‘Tribal Link Up’’ means an 

assistance program for eligible residents 

of Tribal lands, if the subscriber’s 

location is rural, as defined in 

§ 54.505(b)(3)(i) and (ii), seeking 

telecommunications service from a 

telecommunications carrier that is 

receiving high-cost support on rural 

Tribal lands, pursuant to subpart D of 

this part, that provides: 

(1) A 100 percent reduction, up to 

$100, of the customary charge for 

commencing telecommunications 

service for a single telecommunications 

connection at a subscriber’s principal 

place of residence imposed by an 

eligible telecommunications carrier that 

is also receiving high-cost support on 

rural Tribal lands, pursuant to subpart 

D of this part. For purposes of this 

subpart, a ‘‘customary charge for 

commencing telecommunications 

service’’ is the ordinary charge an 

eligible telecommunications carrier 

imposes and collects from all 

subscribers to initiate service with that 

eligible telecommunications carrier. A 

charge imposed only on qualifying lowincome consumers to initiate service is 

not a customary charge for commencing 

telecommunications service. Activation 

charges routinely waived, reduced, or 

eliminated with the purchase of 

additional products, services, or 

minutes are not customary charges 

eligible for universal service support; 

and 

(2) A deferred schedule of payments 

of the customary charge for commencing 

telecommunications service for a single 

telecommunications connection at a 

subscriber’s principal place of residence 

imposed by an eligible 

telecommunications carrier that is also 

receiving high-cost support on rural 

Tribal lands, pursuant to subpart D of 

this part, for which the eligible resident 

of rural Tribal lands does not pay 

interest. The interest charges not 

assessed to the eligible resident of rural 

Tribal lands shall be for a customary 

charge for connecting the 

telecommunications service of up to 

$200 and such interest charges shall be 

deferred for a period not to exceed one 

year. 

(b) An eligible resident of rural Tribal 

lands may receive the benefit of the 

Tribal Link Up program for a second or 

subsequent time only for otherwise 

qualifying commencement of 

telecommunications service at a 

principal place of residence with an 

address different from the address for 

which Tribal Link Up assistance was 

provided previously. 

■ 5. Amend § 54.414 by revising 

paragraph (b) to read as follows: 

§ 54.414 Reimbursement for Tribal Link 

Up. 

* * * * * 

(b) In order to receive universal 

support reimbursement for providing 

Tribal Link Up, eligible 

telecommunications carriers must use 

the maps made available by the 

Administrator to determine an eligible 

resident of rural Tribal lands’ initial 

eligibility for Tribal Link Up. Eligible 

telecommunications carriers must 

obtain a certification form from each 

eligible resident of Tribal lands that 

complies with § 54.410 prior to 

enrolling him or her in Tribal Link Up. 

* * * * * 

[FR Doc. 2018–00152 Filed 1–12–18; 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–2017–0081; 

4500090024] 

RIN 1018–BC54 

Endangered and Threatened Wildlife 

and Plants; Taxonomical Update for 

Orangutan 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Direct final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

revised taxonomy of the orangutan 

under the Endangered Species Act of 

1973, as amended (Act). When we listed 

the orangutan in 1970, the listed entity 

included all orangutans in the genus 

Pongo. At that time, the scientific 

community recognized one species 

(Pongo pygmaeus) in the genus Pongo, 

which consisted of two subspecies (P. 

pygmaeus pygmaeus and P. p. abelii). 

However, the orangutan has recently 

been reclassified as belonging to two 

distinct species: P. pygmaeus and P. 

abelii. Therefore, we are revising the 

List of Endangered and Threatened 

Wildlife to reflect the current 

scientifically accepted taxonomy and 

nomenclature of the orangutan. Because 

all orangutans in the genus Pongo are 

already included under the original 

listing of Pongo pygmaeus as 

endangered under the Act, the newly 

recognized taxonomic species is 

considered part of the original listed 

entity, and this technical correction 

does not alter the regulatory protections 

afforded to the orangutan. For the same 

reason, if other Pongo species emerge 

due to future taxonomic revisions to 

further subdivide the genus Pongo, they 

would be encompassed by the original 

listing and this technical correction. 

DATES: This rule is effective April 16, 

2018 without further action, unless we 

receive significant scientific information 

that provides strong justifications as to 

why this rule should not be adopted or 

why it should be changed on or before 

February 15, 2018. If we receive 

significant scientific information 

regarding this taxonomic change for the 

orangutan, we will publish a timely 

withdrawal of this rule in the Federal 

Register. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 


daltland on DSKBBV9HB2PROD with RULES
2086 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 

enter FWS–HQ–ES–2017–0081, which 

is the docket number for this 

rulemaking. Then, click on the Search 

button. On the resulting page, you may 

submit a comment by clicking on 

‘‘Comment Now!’’ 

• By hard copy: Submit comments by 

U.S. mail or hand-delivery to: Public 

Comments Processing, Attn: FWS–HQ– 

ES–2017–0081; Division of Policy, 

Performance, and Management 

Programs; U.S. Fish and Wildlife 

Service; 5275 Leesburg Pike, MS: BPHC; 

Falls Church, VA 22041–3803. 

See Public Comments, below, for 

more information about submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Janine Van Norman, Chief, Branch of 

Foreign Species, Ecological Services 

Program, U.S. Fish and Wildlife Service; 

MS: ES, 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: 

Public Comments 

You may submit your comments and 

materials regarding this direct final rule 

by one of the methods listed in 

ADDRESSES. Please include sufficient 

information with your comments to 

allow us to verify any scientific or 

commercial information you include. 

We will not consider comments sent by 

email or fax, or to an address not listed 

in ADDRESSES. 

We will post all comments on http:// 

www.regulations.gov. Before including 

your address, phone number, email 

address, or other personal information 

in your comment, you should be aware 

that your entire comment—including 

your personal identifying information— 

may be made publicly available at any 

time. While you can ask us in your 

comment to withhold your personal 

identifying information from public 

review, we cannot guarantee that we 

will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this direct final rule, 

will be available for public inspection 

on the internet at http://

www.regulations.gov. Please note that 

comments posted to http://

www.regulations.gov are not 

immediately viewable. When you 

submit a comment, the system receives 

it immediately. However, the comment 

will not be publicly viewable until we 

post it, which might not occur until 

several days after the submission. 

Information regarding this rule is 

available in alternative formats upon 

request (see FOR FURTHER INFORMATION

CONTACT). 

Previous Federal Actions 

In a final rule published in the 

Federal Register on June 2, 1970 (35 FR 

8491), we listed the orangutan (Pongo 

pygmaeus) under the Act’s precursor, 

the Endangered Species Conservation 

Act of 1969 (Pub. L. 91–135), as an 

endangered species, and since then, the 

species has remained listed as an 

endangered species under the Act (16 

U.S.C. 1531 et seq.). 

This Rule 

Background 

We are directed by title 50 of the Code 

of Federal Regulations (CFR) at 

§§ 17.11(c) and 17.12(b) (50 CFR 

17.11(c) and 17.12(b)) to use the most 

recently accepted scientific name of any 

wildlife or plant species, respectively, 

that we have determined to be an 

endangered or threatened species. 

Taxonomy 

Orangutans were historically 

classified as one species with two 

subspecies, Pongo pygmaeus pygmaeus 

and P. p. abelii. In accordance with 

taxonomic classifications at the time, we 

listed the orangutan in 1970, 

recognizing one species of orangutan 

(Pongo pygmaeus) as the listed entity 

occurring in Indonesia, Malaysia, and 

Brunei (35 FR 8491; June 2, 1970). 

However, the orangutan, currently only 

found in northern Sumatra (Indonesia) 

and Borneo (Indonesia and Malaysia), 

has recently been reclassified as 

belonging to two distinct species: P. 

pygmaeus, which occurs in Borneo 

(Malaysia and Indonesia), and P. abelii, 

which occurs in northern Sumatra 

(Indonesia) (Groves, in WWF Orangutan 

Action Plan, 1999, p. 27; Singleton et al. 

2016, p. 3; Singleton et al. 2004, p. 181; 

Xu and Arnason 1996, p. 435; BrandonJones et al. 2004, pp. 153–155; Zhang et 

al. 2001, pp. 522–525). Additionally, 

orangutans in Borneo (P. pygmaeus) are 

now recognized to contain three 

subspecies (P. pygmaeus pygmaeus, P. 

p. wurmbii, and P. p. morio) (BrandonJones et al. 2004, pp. 181, 193). 

While some scientists question the 

data and effectiveness of elevating 

Sumatran and Bornean orangutans to 

full species (Muir 1998, p. 378; Muir et 

al. 2000, pp. 476–479), species-level 

classification was advocated jointly in 

April 2000, by Conservation 

International, the International Union 

for the Conservation of Nature Species 

Survival Commission’s Primate 

Specialist Group, and the Center for 

Environmental Research and 

Conservation (Orangutan Species 

Survival Plan 2015). The newer 

classification recognizing two distinct 

species is widely accepted today by 

most experts based on genetic and 

morphological data (Singleton et al. 

2016, p. 3; Ancrenaz et al. 2016, p. 3). 

The entity that resides closest to 

Brunei is a subspecies of P. pygmaeus. 

Individual orangutans in Brunei are 

described as transient, and no 

permanent populations have been 

reported there (World Atlas of Great 

Apes and Their Conservation 2005, p. 

427; Orangutan Foundation 

International 2017, no pagination). 

Taxonomic Corrections Made in This 

Rule 

All orangutan populations are 

encompassed by the previous listed 

entity, Pongo pygmaeus. Using the best 

available scientific information, this 

direct final rule documents the 

reclassification of the orangutan as two 

distinct species, Pongo pygmaeus and 

Pongo abelii, on the List of Endangered 

and Threatened Wildlife (50 CFR 

17.11(h)). This change is supported by 

published studies in peer-reviewed 

journals, and it does not affect the range 

or endangered status of the orangutan. If 

other Pongo species emerge due to 

future taxonomic revisions to further 

subdivide the genus Pongo, they would 

be encompassed by the original listing 

and this technical correction. 

Use of Direct Final Rule 

The purpose of this direct final rule 

is to notify the public that we are 

revising the List of Endangered and 

Threatened Wildlife at 50 CFR 17.11(h) 

to reflect the scientifically accepted 

taxonomy and nomenclature of the 

orangutan. In accordance with 50 CFR 

17.11(c), we are revising the taxonomy 

of the orangutan to reflect the 

reclassification of the previously listed 

entity into two distinct species, 

acknowledging both Pongo pygmaeus 

and P. abelii as endangered species 

under the Act. 

We are publishing this final rule 

without a prior proposal because this is 

a technical action that is in the best 

interest of the public and should be 

undertaken in as timely a manner as 

possible. It does not alter the regulatory 

protections afforded to the orangutan 

but is a taxonomic revision necessary to 

acknowledge that both Pongo pygmaeus 

and Pongo abelii retain endangered 

status under the Act. 

This rule will be effective, as 

published in this document, on the 

effective date specified in DATES, unless 

we receive significant scientific 


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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2087 

information that provides strong 

justifications as to why this rule should 

not be adopted or why it should be 

changed on or before the comment due 

date specified in DATES. 

If we receive comments containing 

significant scientific information that 

provides strong justifications as to why 

this rule should not be adopted or why 

it should be changed regarding the 

taxonomic change for the orangutan, we 

will publish a document in the Federal 

Register withdrawing this rule before 

the effective date. If the rule is 

withdrawn, we may publish a proposed 

rule to initiate promulgation of this 

taxonomic revision or we may end the 

rulemaking process. 

Required Determinations 

National Environmental Policy Act 

We have determined that 

environmental assessments and 

environmental impact statements, as 

defined under the authority of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.), need not 

be prepared in connection with 

regulations issued pursuant to section 

4(a) of the Act. We published a notice 

outlining our reasons for this 

determination in the Federal Register 

on October 25, 1983 (43 FR 49244). 

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: 

(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, send us comments by one 

of the methods listed in ADDRESSES. To 

help us to revise this rule, your 

comments should be as specific as 

possible. 

List of References Cited 

A list of the references cited in this 

direct final rule is provided in Docket 

No. FWS–HQ–ES–2017–0081 at http://

www.regulations.gov. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

Accordingly, we hereby 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. Amend § 17.11(h) by adding an 

entry for ‘‘Orangutan’’ [Pongo abelii] in 

alphabetical order by common and 

scientific name and revising the entry 

for ‘‘Orangutan’’ [Pongo pygmaeus] 

under MAMMALS to read as follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and applicable rules 

MAMMALS 

* * * * * * * 

Orangutan ................................ Pongo abelii ........................... Wherever found ...................... E 35 FR 8491, 6/2/1970; 83 FR [Insert 

Federal Register page where the 

document begins], 1/16/2018. 

Orangutan ................................ Pongo pygmaeus ................... Wherever found ...................... E 35 FR 8491, 6/2/1970; 83 FR [Insert 

Federal Register page where the 

document begins], 1/16/2018. 

*******

Dated: December 13, 2017. 

James W. Kurth, 

Deputy Director, U.S. Fish and Wildlife 

Service, exercising the authority of the 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2018–00610 Filed 1–12–18; 8:45 am] 

BILLING CODE 4333–15–P 


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