104950 Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements E.O. 12898 

and defines EJ as, among other things, 

the just treatment and meaningful 

involvement of all people, regardless of 

income, race, color, national origin, or 

Tribal affiliation, or disability in agency 

decision-making and other Federal 

activities that affect human health and 

the environment. 

The New York State Department of 

Environmental Conservation did not 

evaluate EJ considerations as part of its 

SIP submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA performed an EJ analysis, as is 

described earlier in the section titled, 

‘‘EJ Considerations.’’ The analysis was 

done for the purpose of providing 

additional context and information 

about this rulemaking to the public, not 

as a basis of the action. In addition, 

there is no information in the record 

upon which this decision is based 

inconsistent with the stated goal of E.O. 

12898/14096 of achieving EJ for 

communities with EJ concerns. 

List of Subjects 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Reporting 

and recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Lisa Garcia, 

Regional Administrator, Region 2. 

[FR Doc. 2024–30582 Filed 12–23–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2022–0134; 

FXES1111090FEDR–256–FF09E21000] 

RIN 1018–BG93 

Endangered and Threatened Wildlife 

and Plants; Significant Portion of the 

Range for the Northern Distinct 

Population Segment of the Southern 

Subspecies of Scarlet Macaw 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Prior analysis and 

determination; opening of comment 

period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, are opening a public 

comment period on a 2023 analysis 

regarding the significant portion of the 

range for the northern distinct 

population segment of the southern 

subspecies of the scarlet macaw (Ara 

macao macao). The analysis was 

conducted as part of a listing 

determination under the Endangered 

Species Act for the distinct population 

segment. Previously submitted 

comments related to the analysis need 

not be resubmitted, as they are already 

incorporated into the public record and 

will be fully considered. 

DATES: We will accept comments 

received or postmarked on or before 

January 27, 2025. 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–HQ–ES–2022–0134, which 

is the docket number for documents 

related to the analysis and listing 

determination. Then click on the Search 

button. You may submit a comment by 

clicking on ‘‘Comment.’’ 

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

to: Public Comments Processing, Attn: 

FWS–HQ–ES–2022–0134, 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). 

FOR FURTHER INFORMATION CONTACT: 

Rachel London, Manager, Branch of 

Delisting and 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). 

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 February 26, 2019, we, the U.S. 

Fish and Wildlife Service (Service), 

published in the Federal Register a final 

rule under the Endangered Species Act 

of 1973, as amended (Act; 16 U.S.C. 

1531 et seq.) (84 FR 6278; hereafter 

referred to as ‘‘the 2019 rule’’). The 2019 

rule was the outcome of a rulemaking 

proceeding that began with a proposed 

rule (77 FR 40222, July 6, 2012) and a 

revised proposed rule (81 FR 20302, 

April 7, 2016). 

The 2019 rule revised the List of 

Endangered and Threatened Wildlife in 

title 50 of the Code of Federal 

Regulations (at 50 CFR 17.11(h)) to add 

the northern subspecies of scarlet 

macaw (A. m. cyanoptera) as an 

endangered species, the northern 

distinct population segment (DPS) of the 

southern subspecies (A. m. macao) as a 

threatened species, and the southern 

DPS of the southern subspecies (A. m. 

macao) and subspecies crosses (A. m. 

cyanoptera and A. m. macao) as 

threatened species due to similarity of 

appearance. The 2019 rule also added 

protective regulations to 50 CFR 17.41 

pursuant to section 4(d) of the Act for 

the northern and southern DPSs of the 

southern subspecies and for subspecies 

crosses (hereafter, ‘‘the 4(d) rule’’). For 

a more thorough discussion of the 

taxonomy, life history, distribution, and 

the determination of listing status for 

scarlet macaws under the Act, please 

refer to the Species Information section 

in the 2019 rule. 

In the 2019 rule, we determined that 

the northern DPS of the southern 

subspecies of scarlet macaw meets the 

definition of a threatened species 

because it was likely to become in 

danger of extinction within the 

foreseeable future throughout all of its 

range. At that time, we followed our 

Final Policy on Interpretation of the 

Phrase ‘‘Significant Portion of Its 

Range’’ in the Endangered Species Act’s 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules 104951 

Definitions of ‘‘Endangered Species’’ 

and ‘‘Threatened Species’’ (Final Policy; 

79 FR 37578, July 1, 2014), which 

provided that if the Service determined 

that a species was threatened 

throughout all of its range, the Service 

would not analyze whether the species 

was endangered in a significant portion 

of its range. Therefore, we did not 

conduct an evaluation of whether the 

northern DPS of the southern subspecies 

(A. m. macao) should be listed as an 

endangered species due to its status in 

a significant portion of its range (SPR). 

After the 2019 rule was published, the 

portion of the Final Policy that we had 

relied upon in the 2019 rule was 

vacated in Center for Biological 

Diversity v. Everson, 435 F. Supp. 3d 69 

(D.D.C. Jan. 28, 2020) (Everson). 

Therefore, we sought a voluntary 

remand of the 2019 rule and the 4(d) 

rule in an ongoing lawsuit that 

challenged both rules (Friends of 

Animals v. Williams (No. 1:21–cv– 

02081–RC, Doc. 22) (Friends of 

Animals)). On August 29, 2022, the U.S. 

District Court for the District of 

Columbia (Court) granted our motion for 

voluntary remand without vacatur of the 

threatened finding and section 4(d) rule 

for the northern DPS of the southern 

subspecies of scarlet macaw. 

In response to the Court’s decision, 

we published a document in the Federal 

Register stating that we were 

reexamining our 2019 SPR analysis and 

reconsidering it based on the plain 

language of the Act and the implications 

of Everson (87 FR 66093, November 2, 

2022). In that document (hereafter, ‘‘the 

2022 reconsideration’’), we sought 

public comment on how the decision in 

Everson and the Act’s plain language 

may affect the 2019 rule. Specifically, 

we were interested in public input on 

whether and how the Everson opinion 

affects the SPR analysis in the 

threatened determination. 

Taking into consideration all public 

comments received on the 2022 

reconsideration and based on our 

additional analysis, on April 3, 2023, we 

published a new SPR analysis and final 

threatened species determination for the 

northern DPS of the southern subspecies 

of scarlet macaw (88 FR 19549; 

hereafter, ‘‘the 2023 SPR analysis’’). 

In the 2023 SPR analysis, we assessed 

four portions of the northern DPS of the 

southern subspecies of scarlet macaw: 

the Pacific slope of Costa Rica, 

mainland Panama, Colombia west of the 

Andes, and Panama and Colombia 

combined. We concluded that none of 

the portions in the northern DPS are 

both in danger of extinction and 

significant. Having completed the SPR 

analysis for the northern DPS and 

having determined that the northern 

DPS is not in danger of extinction in any 

significant portion of its range, we did 

not propose to revise the current status 

of the southern subspecies of scarlet 

macaw in the northern DPS. Therefore, 

we affirmed the listing of the scarlet 

macaw as set forth in the 2019 rule. 

For a description of previous Federal 

actions concerning the scarlet macaw, 

please refer to the 2022 reconsideration 

(87 FR 66093, November 2, 2022) and 

the 2023 SPR analysis (88 FR 19549, 

April 3, 2023). 

This Action 

In response to an amended complaint 

filed by Friends of Animals, the Court 

found that we inappropriately limited 

the scope of public comments in the 

2022 reconsideration. On July 10, 2024, 

the Court vacated the 2023 SPR analysis 

and remanded it to us to reconduct that 

analysis after soliciting and considering 

public comments on the relevant, 

substantive issues. Accordingly, with 

this document, we hereby open a 30-day 

public comment period on the 2023 SPR 

analysis with no limitations on the 

comments requested. 

Public Comments 

We will accept written comments and 

information during this comment period 

on our 2023 SPR analysis for the 

northern DPS of the southern subspecies 

of scarlet macaw (88 FR 19549, April 3, 

2023). Consistent with the Court’s order 

in Friends of Animals, we will 

reconduct that SPR analysis after 

considering all comments and 

information that we receive. Our 

consideration of the comments and 

information may have different 

outcomes: Our final SPR analysis and 

listing determination may differ from 

the 2023 SPR analysis and, therefore, we 

may need to revise and repropose the 

northern DPS listing determination; 

alternatively, we may affirm our 

conclusion in the 2023 SPR analysis, 

and no reproposal of the northern DPS 

listing determination may be necessary. 

In either a final SPR analysis and 

determination or any reproposed 

northern DPS listing determination, we 

will clearly explain our rationale and 

the basis for our determination, 

including why we made changes, if any, 

that differ from the 2023 SPR analysis. 

Comments should be as specific as 

possible. 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. Please note that section 

4(b)(1)(A) of the Act directs that 

determinations as to whether any 

species is an endangered species or a 

threatened species must be made solely 

on the basis of the best scientific and 

commercial data available. Comments or 

information already submitted on the 

proposed rule (77 FR 40222, July 6, 

2012); revised proposed rule (81 FR 

20302, April 7, 2016); or the 2022 

reconsideration of the 2019 rule (87 FR 

66093, November 2, 2022) need not be 

resubmitted. Any such comments are 

already incorporated as part of the 

public record of the rulemaking 

proceeding, and we will fully consider 

them as part of this action. 

You may submit your comments and 

materials by one of the methods listed 

in ADDRESSES. We request that you send 

comments only by the methods 

described in ADDRESSES. If you submit 

information via https://

www.regulations.gov, your entire 

submission—including your 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 the proposed rule, 

will be available for public inspection 

on https://www.regulations.gov at FWS– 

HQ–ES–2022–0134. 

Authors 

The primary authors of this document 

are the staff members of the Fish and 

Wildlife Service’s Species Assessment 

Team and the Branch of Delisting and 

Foreign Species. 

Authority 

The Endangered Species Act of 1973, 

as amended (16 U.S.C. 1531 et seq.), is 

the authority for this action. 

Signing Authority 

Martha Williams, Director of the U.S. 

Fish and Wildlife Service, approved this 

action on December 3, 2024. Acting 

Director Steve Guertin approved these 

packages December 15, 2024. On 

December 16, 2024, the acting Director 

authorized the undersigned to sign the 

document electronically and submit it 

to the Office of the Federal Register for 


ddrumheller on DSK120RN23PROD with PROPOSALS1
104952 Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules 

publication as an official document of 

the U.S. Fish and Wildlife Service. 

Madonna Baucum, 

Regulations and Policy Chief, Division of 

Policy, Economics, Risk Management, and 

Analytics of the Joint Administrative 

Operations, U.S. Fish and Wildlife Service. 

[FR Doc. 2024–30381 Filed 12–23–24; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2023–0033; 

FXES1113090FEDR–256–FF09E22000] 

RIN 1018–BH98 

Endangered and Threatened Wildlife 

and Plants; Endangered Species 

Status for the Blue Tree Monitor 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

list the blue tree monitor (Varanus 

macraei), a lizard species from 

Indonesia, as an endangered species 

under the Endangered Species Act of 

1973, as amended (Act). This 

determination also serves as our 12- 

month finding on a petition to list the 

blue tree monitor. After a review of the 

best scientific and commercial 

information available, we find that 

listing the species is warranted. If we 

finalize this rule as proposed, it would 

add this species to the List of 

Endangered and Threatened Wildlife 

and extend the Act’s protections to the 

species. A temporary rule (emergency 

action) listing this species as 

endangered for 240 days is published 

concurrently in this issue of the Federal 

Register. 

DATES: We will accept comments 

received or postmarked on or before 

February 24, 2025. 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. We 

must receive requests for a public 

hearing, in writing, at the address 

shown in FOR FURTHER INFORMATION

CONTACT by February 10, 2025. 

ADDRESSES: Written comments: 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–HQ–ES–2023–0033, 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–HQ–ES–2023–0033, 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 

Information Requested, below, for more 

information). 

Availability of supporting materials: 

Supporting materials, such as the 

species status assessment report, are 

available on https://

www.regulations.gov at Docket No. 

FWS–HQ–ES–2023–0033. 

FOR FURTHER INFORMATION CONTACT: 

Rachel London, Manager, Branch of 

Delisting and 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. 

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. Please see 

Docket No. FWS–HQ–ES–2023–0033 on 

https://www.regulations.gov for a 

document that summarizes this 

proposed rule. 

SUPPLEMENTARY INFORMATION: 

Information Requested 

We intend that any final action 

resulting from this proposed rule will be 

based on the best scientific and 

commercial data available and be as 

accurate and as effective as possible. 

Therefore, we request comments or 

information from other governmental 

agencies, Native American Tribes, the 

scientific community, industry, or any 

other interested parties concerning this 

proposed rule. We particularly seek 

comments concerning: 

(1) The species’ biology, range, and 

population trends, including: 

(a) Biological or ecological 

requirements of the species, including 

habitat requirements for feeding, 

breeding, and sheltering; 

(b) Genetics and taxonomy; 

(c) Historical and current range, 

including distribution patterns and the 

locations of any additional populations 

of this species; 

(d) Historical and current population 

levels, and current and projected trends; 

and 

(e) Past and ongoing conservation 

measures for the species, its habitat, or 

both. 

(2) Threats and conservation actions 

affecting the species, including: 

(a) Factors that may be affecting the 

continued existence of the species, 

which may include habitat destruction, 

modification, or curtailment; 

overutilization; disease; predation; the 

inadequacy of existing regulatory 

mechanisms; or other natural or 

manmade factors; 

(b) Biological, commercial trade, or 

other relevant data concerning any 

threats (or lack thereof) to this species; 

and 

(c) Existing regulations or 

conservation actions that may be 

addressing threats to this species. 

(3) Additional information concerning 

the historical and current status of this 

species. 

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. 

Please note that submissions merely 

stating support for, or opposition to, the 

action under consideration without 

providing supporting information, 

although noted, do not provide 

substantial information necessary to 

support a determination. Section 

4(b)(1)(A) of the Act (16 U.S.C. 

1533(b)(1)(A)) directs that 

determinations as to whether any 

species is an endangered or a threatened 

species must be made solely on the 

basis of the best scientific and 

commercial data available. 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in 

ADDRESSES. We request that you send 

comments only by the methods 

described in ADDRESSES. 

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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1