Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 45383 

✳Normally insert 12 months as the 

period during which defective or 

otherwise nonconforming supplies must 

be replaced. However, when the 

supplies being bought have a shelf life 

of less than 1 year, you should use the 

shelf-life period, or in the instance 

where you reasonably expect a longer 

period to be available, you should use 

the longer period. 

✳✳The rates to be inserted are 

established by the Commissioner of the 

Federal Acquisition Service or a 

designee. 

552.246–71 [Amended] 

11. Amend section 552.246–71 by—

a. Revising the date of the clause to 

read ‘‘(Date)’’; 

b. Removing from paragraph (c)(3) 

‘‘Virgin Islands’’ and adding ‘‘U.S. 

Virgin Islands’’ in its place; and 

c. Removing from the end of the 

section, at the footnote, ‘‘Supply’’ and 

adding ‘‘Acquisition’’ in its place. 

552.246–72 through 552.246–76 

[Reserved] 

12. Remove and reserve sections 

552.246–72 through 552.246–76. 

13. Add sections 552.246–77 and 

552.246–78 to read as follows: 

552.246–77 Additional Contract Warranty 

Provisions for Supplies of a Noncomplex 

Nature. 

As prescribed in 546.710(a), insert the 

following clause in solicitations and 

contracts that include FAR 52.246–17, 

Warranty of Supplies of a Noncomplex 

Nature. 

Additional Contract Warranty Provisions 

For Supplies of a Noncomplex Nature (Date) 

(a) Definition. Correction, as used in 

this clause, means the elimination of a 

defect. 

(b) Contractor’s obligations. When 

return, correction, or replacement is 

required, the Contractor shall be 

responsible for all costs attendant to the 

return, correction, or replacement of the 

nonconforming supplies. Any removal 

in connection with the above shall be 

done by the Contractor at its expense. 

(c) Remedies available to the 

Government. When the nature of the 

defect in the nonconforming item is 

such that the defect affects an entire 

batch or lot of material, then the 

equitable price adjustment shall apply 

to the entire batch or lot of material 

from which the nonconforming item 

was taken. 

(End of clause) 

552.246–78 Inspection at Destination. 

As prescribed in 546.302–72 insert 

the following clause: 

INSPECTION AT DESTINATION (DATE) 

Inspection of all purchases under this 

contract will be made at destination by 

an authorized government 

representative. 

(End of clause) 

[FR Doc. E8–17902 Filed 8–4–08; 8:45 am] 

BILLING CODE 6820–61–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R9-ES-2008-0063; 92300-1113-0000- 

9B] 

RIN 1018–AU62 

Endangered and Threatened Wildlife 

and Plants; Amending the Formats of 

the Lists of Endangered and 

Threatened Wildlife and Plants 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (FWS), propose to 

amend the formats of the Lists of 

Endangered and Threatened Wildlife 

and Plants to include current practices 

and standards that will make the 

regulations and Lists easier for the 

public to understand. When we finalize 

this proposed rule, we will publish the 

Lists of Endangered and Threatened 

Wildlife and Plants in their entirety in 

the new formats. 

DATES: We must receive comments by 

September 4, 2008 in order to ensure 

their consideration in our final decision. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS-R9- 

ES-2008-0063; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Michael Franz, Office of Program 

Support, Endangered Species, U.S. Fish 

and Wildlife Service, 4401 N. Fairfax 

Drive, Arlington, VA, 22203; telephone 

703-358-2079. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800-877-8339. 

SUPPLEMENTARY INFORMATION: 

Background 

The Lists of Endangered and 

Threatened Wildlife and Plants (Lists), 

found in the Code of Federal 

Regulations (CFR) at 50 CFR 17.11 for 

wildlife and 50 CFR 17.12 for plants, 

contain the names of species officially 

listed as endangered or threatened 

under the Endangered Species Act of 

1973, as amended 16 U.S.C. §§1531 et 

seq.(ESA). The most recent compilation 

of Lists appears in the 2007 edition of 

title 50 CFR, which was issued in early 

2008. That compilation included 

regulatory amendments effective as of 

October 1, 2007. 

The species were placed on the Lists 

by FWS, by the National Marine 

Fisheries Service (NMFS) of the 

Department of Commerce’s National 

Oceanic and Atmospheric 

Administration, or by both of these 

agencies in joint rulemaking actions. 

References to ‘‘Services’’ in the text of 

§17.11 and §17.12 refer to both of these 

agencies. 

The Lists represent the official 

Government record of which species are 

listed and where they are considered 

listed under the ESA. Over time, we 

have noted numerous anomalies in the 

Lists, including ambiguous entries and 

confusing format and column titles. 

After detailed research on the origin, 

history, and purpose of the Lists, we 

determined that the format, references, 

and standards need to be updated. This 

rule is designed to address these 

observed problems and propose 

corrections to enhance the clarity of the 

lists. 

History of the Lists of Endangered and 

Threatened Species 

The first endangered species list was 

published March 8, 1969 (35 FR 5034) 

and included only two columns, 

Common Name and Scientific Name. In 

1971, that list was added to title 50 CFR 

in the newly created section 17 and 

divided into two separate lists with 

appendix A being the ‘‘U.S. List of 

Endangered Foreign Fish and Wildlife’’

with three columns (Common Name, 

Scientific Name, and Where Found) and 

appendix D being the ‘‘United States’

List of Endangered Native Fish and 

Wildlife’’ with still only the original two 

columns (Common Name and Scientific 

Name). 

In 1974, the two appendices were 

changed into the now familiar locations 

in §17.11 and §17.12 with the appendix 

A becoming §17.11 (Foreign) and 


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45384 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 

appendix D becoming §17.12 (Native). 

In 1975, the two Lists were fused into 

one list at §17.11 (Wildlife), and the 

columns were expanded from three to 

eight (Common Name, Scientific Name, 

Population, Known Distribution, 

Portion of Range Where Endangered or 

Threatened, Status, When Listed, and 

Special Rules). See figure 1, below. The 

‘‘When Listed’’ footnote system was 

created with 11 footnotes. Section 17.12 

was reserved for ‘‘Endangered and 

Threatened Plants’’. 

Figure 1 - §17.11 Wildlife 

Species Population 

Range Status When Listed Special rules 

Common name Scientific name Known Distribution 

Portion of 

Range Where 

Endangered or 

Threatened 

In 1977, §17.12 was populated with 

only seven columns (Common Name, 

Scientific Name, Known Distribution, 

Portion of Range Where Threatened or 

Endangered, Status, When Listed, and 

Special rules). See figure 2, below. The 

§17.12 List had its own footnote system, 

which was only one footnote at that 

time. 

Figure 2 - §17.12 Plants 

Species Range 

Status When Listed Special rules 

Common name Scientific name Known Distribution 

Portion of Range 

Where Threatened or Endangered 

In 1980, the Lists were reformatted 

into their present columns. A proposed 

rule was published on August 15, 1979 

(44 FR 47862), proposing to include the 

following columns for §17.11: Common 

name, Scientific name, Historic range, 

Population where endangered or 

threatened, Status, When listed, Critical 

habitat, and Special rules; and the 

following columns for §17.12: Scientific 

name, Common name, Historic range, 

Status, When listed, Critical habitat, and 

Special rules. A final rule was 

published on February 27, 1980 (45 FR 

13010), with the following columns for 

§17.11: Common name, Scientific name, 

Historic range, Vertebrate population 

where endangered or threatened, Status, 

When listed, Critical habitat, and 

Special rules. The final rule adopted the 

columns for §17.12 as they had 

appeared in the proposed rule. See 

figures 3 and 4. 

Figure 3 - §17.11 Wildlife 

Species 

Historic Range 

Vertebrate Population where 

Endangered or 

Threatened 

Status When Listed Critical Habitat Special Rules 

Common Name Scientific Name 

Figure 4 - §17.12 Plants 

Species 

Historic Range Status When Listed Critical Habitat Special Rules 

Common Name Scientific Name 

Neither the proposed rule nor the 

final rule included the entire Lists. The 

Lists were published in the new format 

with technical errors corrected on May 

20, 1980 (45 FR 33767). On September 

30, 1994 (59 FR 49848), the family 

grouping of the plants, which had 

resided in the scientific name column, 

was moved to a new column named 

‘‘Family.’’ See figure 5. 

Figure 5 - §17.12 Plants 

Species 

Historic Range Family Status When Listed Critical Habitat Special Rules 

Common Name Scientific Name 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 45385 

Rule Purpose 

We are proposing all of the changes in 

this rulemaking to update the 

regulations to include current practices 

and standards and ensure that the 

regulations and lists are easy for the 

public to understand. We are also 

standardizing entries and correcting 

numerous anomalies, ambiguous 

entries, and confusing formats. None of 

the proposed changes are regulatory in 

nature; we are proposing them for the 

purpose of clarity. Technical corrections 

in the final rulemaking will include but 

are not limited to updating or 

correcting: historical range, footnotes, 

references to certain other applicable 

portions of title 50 CFR, synonyms, the 

spelling of species’ names and 

providing more current names. No 

revisions will be made to the species, as 

defined in current 50 CFR 17.11(b) or 

17.12(b), or its status. These two actions 

would require separate rulemakings 

following the procedures of part 424 of 

50 CFR. 

Renaming and Reorganizing the Lists’

Columns 

With this proposed rule, we are 

renaming and reorganizing the columns 

in the lists to clarify the types of 

information being presented. 

‘‘When listed’’ to ‘‘Citations’’

For both Lists, we will replace the 

column heading ‘‘When listed’’ with 

‘‘Citations.’’ This column currently 

contains footnote numbers referencing a 

table of citations for final listing rules 

and special rules under section 4(d) of 

the Act. When we last proposed to 

reformat the Lists in 1979, this table 

contained only 44 footnotes. The 

current table has more than 700 entries, 

and has become hard to manage and 

use. To correct this, we propose to 

replace the footnote numbers that 

currently populate this column with the 

actual Federal Register citation (volume 

and document starting page number) 

and publication date that are in the table 

following each list. We will also 

standardize the references so that they 

all refer to the first page of the 

published document and correct any 

errors. For example, some existing 

footnotes reference the wrong date or 

miss a citation reference. When we 

publish the Lists for the final rule, we 

will correct those entries to standardize 

and ease information promulgation. 

‘‘Vertebrate population where 

endangered or threatened’’ to ‘‘Where 

listed’’

In the October 1, 2000, edition of the 

CFR, in the List of Endangered and 

Threatened Wildlife found at §17.11(h), 

all of the entries for invertebrate species 

within the column ‘‘Vertebrate 

population where endangered or 

threatened’’ were erroneously changed 

to ‘‘Entire’’. We had originally 

published these entries with ‘‘NA’’ (Not 

Applicable) in that column due to the 

title only applying to vertebrate 

populations. The error was purely 

editorial; it in no way changed any of 

the applicable provisions of law. Upon 

further investigation, we found that the 

location information of invertebrate 

species with experimental populations 

were placed in this column. We also 

discovered that as the experimental 

populations of invertebrate species were 

added to the wildlife list by the Service, 

many of those entries contained 

‘‘Dittos’’ to show duplicate information 

in the Lists. Some of those entries 

containing ‘‘Dittos’’ followed entries 

that had been erroneously changed to 

‘‘Entire’’ in 2000. As a result, there were 

numerous errors. 

For the list of wildlife (§17.11(h)) 

only, we propose replacing the column 

heading ‘‘Vertebrate population where 

endangered or threatened’’ with ‘‘Where 

listed,’’ because certain entries in this 

column apply to invertebrate 

experimental populations. The new 

name ‘‘Where listed’’ better reflects the 

data within the column. We also 

propose changing all the current entries 

‘‘N/A’’ to ‘‘Entire’’ to reflect the change 

in the column title. And lastly, we will 

no longer utilize the ‘‘Dittos’’ system to 

show duplicate information. 

For the list of plants (§17.12(h)), we 

propose replacing the ‘‘Family’’ column 

with a ‘‘Where listed’’ column to 

standardize both lists to identical 

column and structure. We also propose 

populating each entry for that column 

with ‘‘Entire’’ because the ESA 

protection for all of the plants currently 

on the list applies to all individuals of 

a plant species wherever found. Future 

additions to the list may have a more 

limited entry under the ‘‘Where listed’’

column. The family name is available 

for each entry on the species’ profile 

page accessible through the Service’s 

website (http://www.fws.gov/ 

endangered/). 

These proposed amendments to the 

Lists are editorial in nature and involve 

no substantive changes to the List of 

Endangered and Threatened Wildlife 

found at 50 CFR 17.11(h) or the List of 

Endangered and Threatened Plants 

found at 50 CFR 17.12(h), nor to any 

applicable regulations. 

Adding ESU and DPS Subtitles to 

‘‘Common Name’’

Since the lists were last reformatted, 

the Services have implemented several 

policies that have affected the format of 

the §17.11 (h) list. NMFS’s 

Evolutionarily Significant Unit (ESU) 

policy (56 FR 58612, November 20, 

1991) and the interagency Policy 

Regarding the Recognition of Distinct 

Population Segment (DPS; 61 FR 4721, 

February 7, 1996) allow for more refined 

application of the ESA that better 

reflects the conservation needs of the 

taxon being considered, and avoids the 

inclusion of entities that may not 

warrant protection under the ESA. 

Currently, the ‘‘Vertebrate population 

where endangered or threatened’’

column distinguishes the different ESU 

and DPS entries for the same species by 

describing the geographic area where 

they occur, but without providing a 

name for the population. To facilitate 

distinguishing the ESU/DPS entries, we 

are proposing to add the ESU or DPS 

subtitle to the Common Name column 

in brackets (§17.11(h) only). 

Reorganizing the Columns 

We have reorganized the columns to 

separate the regulatory data columns 

from the ‘‘information only’’ and 

‘‘navigational reference’’ data columns. 

We have placed all the regulatory 

columns [‘‘Species (Common name 

(ESU/DPS) and Scientific name),’’

‘‘Status,’’ and ‘‘Where listed’’] together 

as the first four columns of the lists, the 

information-only column [‘‘Historic 

range’’] as the next column, and the 

navigational references [‘‘Citations,’’

‘‘Special rules,’’ and ‘‘Critical habitat’’] 

as the final three columns. See Figures 

6 – 9. 

Figure 6 - Current §17.11 Column 

Titles and Positions: 

Species 

Historic range 

Vertebrate population where 

endangered or 

threatened 

Status When listed Critical habitat Special rules 

Common name Scientific name 


dwashington3 on PRODPC61 with PROPOSALS
45386 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 

Figure 7 - Proposed §17.11 Column 

Title and Positions: 

Species 

Status Where listed Historic range Citations Special rules Critical habitat Common name 

[ESU or DPS] Scientific name 

Figure 8 - Current §17.12 Column 

Titles and Positions: 

Species 

Historic range Family Status When listed Critical habitat Special rules 

Scientific name Common name 

Figure 9 - Proposed §17.12 Column 

Title and Positions: 

Species 

Status Where listed Historic range Citations Special rules Critical habitat 

Scientific name Common name 

We also propose to reorganize and 

update the text introducing the lists of 

wildlife and plants (§17.11(h) and 

§17.12(h), respectively) to reflect the 

proposed changes described above. 

Updating Standards References 

For species’ nomenclature (scientific 

and common names), we propose to 

change the primary source upon which 

we rely. The current text introducing 

the lists in §17.11 and §17.12 references 

two standards for scientific 

nomenclature: The International Code of 

Zoological Nomenclature and The 

International Code of Botanical 

Nomenclature. Respectfully, instead of 

referencing those International Codes, 

we propose that the Service now rely to 

the extent practicable on the Integrated 

Taxonomic Information System (ITIS) 

which incorporates both of the 

International Code standards and the 

standard references adopted for the 

Convention on International Trade in 

Endangered Species of Wild Fauna and 

Flora (CITES). 

In addition to incorporating the 

standards the service has already been 

using, ITIS is an authoritative 

taxonomic database (http:// 

www.itis.gov) maintained by a 

partnership of U.S., Canadian, and 

Mexican agencies; other organizations; 

and taxonomic specialists. The U.S. 

partners include the National Oceanic 

and Atmospheric Administration of the 

Department of Commerce; the U.S. 

Geological Survey and National Park 

Service of the Department of the 

Interior; the Environmental Protection 

Agency; the Agricultural Research 

Service and Natural Resources 

Conservation Service of the Department 

of Agriculture; the National Biological 

Information Infrastructure (NBII); the 

Smithsonian Institution; and 

NatureServe (a nonprofit organization 

representing the Natural Heritage 

programs in the States). The NBII is a 

broad-based, collaborative program 

among Federal, State, international, 

nongovernmental, academic, and 

private industry partners. Its Federal 

partners include the FWS and the 

Bureau of Land Management of the 

Department of the Interior; the National 

Aeronautics and Space Administration; 

the National Science Foundation; the 

Tennessee Valley Authority; the Forest 

Service of the Department of 

Agriculture; the Federal Geographic 

Data Committee; and the Gap Analysis 

Program. 

CITES is an international convention 

among 173 signatory countries (Parties) 

to ensure that international trade in 

specimens of wild animals and plants 

does not threaten their survival (50 CFR 

part 23). The CITES Parties have 

adopted standard nomenclatural and 

taxonomic references for species 

included in the CITES Appendices, 

which are listed in the most recent 

CITES resolution on standard 

nomenclature. (http://www.cites.org/ 

eng/res/index.shtml) 

Public Comments 

You may submit your comments and 

materials concerning our proposed rule 

by one of the methods listed in the 

ADDRESSES section. We will not 

consider comments sent by e-mail or fax 

or to an address not listed in the 

ADDRESSES section. 

If you submit a comment via http:// 

www.regulations.gov, your entire 

comment—including any personal 

identifying information—will be posted 

on the Web site. If you submit a hard 

copy comment 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 hard copy comments on 

http://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on http://www.regulations.gov [FDMS 

Docket Number: FWS-R9-ES-2008- 

0063], or by appointment, during 

normal business hours, at the U.S. Fish 

and Wildlife Service, Office of Program 

Support, Endangered Species Program 

(see FOR FURTHER INFORMATION CONTACT). 

You may obtain copies of the 

proposed rule by mail from the U.S. 

Fish and Wildlife Service, Office of 

Program Support, Endangered Species 

Program (see FOR FURTHER INFORMATION

CONTACT), or by visiting the Federal 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 45387 

eRulemaking Portal at http:// 

www.regulations.gov. 

Required Determinations 

Regulatory Planning and Review (E.O. 

12866) 

This proposed rule is not significant 

and is not subject to review by the 

Office of Management and Budget under 

Executive Order (E.O.) 12866. The 

Office of Management and Budget 

(OMB) has determined that this rule is 

not significant under Executive Order 

12866 (E.O. 12866). OMB based its 

determination upon the following four 

criteria: 

(a)Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

(b)Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

(c)Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

(d)Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this proposed rule would 

not have a significant economic effect 

on a substantial number of small entities 

under the Regulatory Flexibility Act 

(RFA) (5 U.S.C. 601 et seq.). The 

changes we are proposing to make are 

intended primarily to update the 

standards of scientific naming used in 

the Lists of Endangered and Threatened 

Wildlife and Plants and to clarify 

language in our regulations. These 

changes would not have a substantive 

impact on the scope of the regulation, 

and thus would not affect businesses or 

other small entities as defined in the 

RFA. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This proposed rule is not a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. This proposed rule: 

1. Would not have an annual effect on 

the economy of $100 million or more. 

2. Would not cause a major increase 

in costs or prices for consumers; 

individual industries; Federal, State, or 

local government agencies; or 

geographic regions. 

3. Would not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

This proposed rule would not impose 

an unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. This 

proposed rule would not have a 

significant or unique effect on State, 

local, or tribal governments or the 

private sector. Our proposal would 

simply reorganize and clarify existing 

regulations and provide new standard 

references for species’ nomenclature. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

Takings (E.O. 12630) 

In accordance with E.O. 12630, this 

proposed rule would not have 

significant takings implications. We are 

proposing only to reorganize and clarify 

existing regulations and provide new 

standard references for species’

nomenclature. This action would 

therefore not interfere with 

constitutionally protected private 

property rights. A takings implication 

assessment is not required. 

Federalism (E.O. 13132) 

In accordance with E.O. 13132, this 

proposed rule does not have sufficient 

Federalism implications to warrant the 

preparation of a Federalism Assessment. 

As our proposal involves reorganizing 

and clarifying existing regulations, and 

providing new standard references for 

species’ nomenclature, we do not expect 

it would have any effect on State or 

local governments or their activities. A 

Federalism Assessment is not required. 

Civil Justice Reform (E.O. 12988) 

In accordance with E.O. 12988, the 

Office of the Solicitor has determined 

that this proposed rule does not unduly 

burden the judicial system and that it 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Order. 

Paperwork Reduction Act 

This proposed rule does not contain 

any new or revised information 

collections for which Office of 

Management and Budget approval is 

required under the Paperwork 

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

An agency may not conduct or sponsor 

and a person is not required to respond 

to a collection of information unless it 

displays a currently valid OMB control 

number. 

National Environmental Policy Act 

This proposed rule has been analyzed 

under the criteria of the National 

Environmental Policy act and 318 DM 

2.2 (g) and 6.3 (D). This proposed rule 

does not amount to a major Federal 

action significantly affecting the quality 

of the human environment. An 

environmental impact statement/ 

evaluation is not required. This 

proposed rule is categorically excluded 

from further National Environmental 

Policy Act requirements, under part 516 

of the Departmental Manual, Chapter 2, 

Appendix 1.10. This categorical 

exclusion addresses policies, directives, 

regulations, and guidelines that are of 

an administrative, financial, legal, 

technical, or procedural nature and 

whose environmental effects are too 

broad, speculative, or conjectural to 

lend themselves to meaningful analysis 

under NEPA. 

Government-to-Government 

Relationship with Tribes 

Under the President’s memorandum 

of April 29, 1994, ‘‘Government-toGovernment Relations with Native 

American Tribal Governments’’ (59 FR 

22951), and the Department of the 

Interior’s Manual at 512 DM 2, we have 

evaluated possible effects on federally 

recognized Indian Tribes and have 

determined that there are no effects. Our 

proposal would simply reorganize and 

clarify existing regulations and provide 

new standard references for species’

nomenclature. 

Energy Supply, Distribution, or Use 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, and use. Executive Order 

13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. This 

proposed rule proposes to revise the 

formats of the Lists of Endangered and 

Threatened Wildlife and Plants. This 

rule is not expected to significantly 

affect energy supplies, distribution, and 

use. Therefore, this action is a not a 

significant energy action, and no 

Statement of Energy Effects is required. 

Author 

Michael Franz, Office of Program 

Support, compiled this document. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Proposed Regulation Promulgation 

For the reasons set forth in the 

preamble, we propose to amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below: 


dwashington3 on PRODPC61 with PROPOSALS
45388 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 

PART 17—[AMENDED] 

1. The authority citation for part 17 

continues to read as follows: 

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

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted. 

2. Amend §17.11 by revising 

paragraphs (a) through (g), and the 

introductory text and the column 

headings in the List of Endangered and 

Threatened Wildlife in paragraph (h), to 

read as follows: 

§ 17.11 Endangered and threatened 

wildlife. 

(a) The list in paragraph (h) of this 

section contains the wildlife species 

determined by the Services to be 

endangered or threatened. It also 

contains the wildlife species treated as 

endangered or threatened because they 

are similar in appearance to and may be 

confused with endangered or threatened 

species (see §17.50 et seq.). The 

‘‘Common name,’’ ‘‘Scientific name,’’

‘‘Status,’’ and ‘‘Where listed’’ columns 

provide regulatory information; 

together, they define the wildlife species 

within the meaning of the Act. When a 

taxon has more than one entry, the 

‘‘Status’’ or ‘‘Where listed’’ column will 

identify its status in each relevant 

geographic area. The listing of a 

particular taxon includes all lower 

taxonomic units. For example, the genus 

Hylobates (gibbons) is listed as 

endangered throughout its entire range; 

consequently, all species, subspecies, 

and populations of that genus, wherever 

found, are considered listed as 

endangered for the purposes of the Act. 

(b) ‘‘Common name’’ column: 

Although common names are included, 

they cannot be relied upon for 

identification of any specimen, since 

they may vary greatly in local usage. In 

cases where confusion might arise, one 

or more synonyms are provided in 

parentheses within the ‘‘Common 

name’’ column. If a species has been 

listed under the Evolutionary 

Significant Unit (ESU) policy or the 

Distinct Population Segment (DPS) 

policy (http://www.fws.gov/ 

endangered/policy), the ESU or DPS 

names will be provided in brackets ‘‘[ ]’’

following the common name. 

(c) ‘‘Scientific name’’ column: The 

Services use the most recently accepted 

scientific name. In cases where 

confusion might arise, one or more 

synonyms are provided in parentheses 

within the ‘‘Scientific name’’ column. 

The Services will rely to the extent 

practicable on the Integrated Taxonomic 

Information System (ITIS) to determine 

a species’ scientific name. ITIS 

incorporates the naming principles 

established by the International Code of 

Zoological Nomenclature. For details, 

see paragraph (g) of this section. If the 

scientific name in ITIS differs from the 

scientific name adopted for use under 

the Convention on International Trade 

in Endangered Species of Wild Fauna 

and Flora (CITES), the CITES 

nomenclature will be provided in 

brackets ‘‘[ ]’’ within the ‘‘Scientific 

name’’ column following the ITIS 

nomenclature. 

(d) ‘‘Status’’ column: Within the 

‘‘Status’’ column, the following 

abbreviations are used: 

Abbreviation 

Regulatory Status the 

Abbreviation Represents 

E Endangered 

T Threatened 

E (S/A) Endangered based on 

similarity of appearance to an existing 

endangered species 

T (S/A) Threatened based on 

similarity of appearance to an existing 

threatened species 

XE Essential experimental population 

XN Nonessential experimental population 

(e) ‘‘Where listed’’ column: The 

‘‘Where listed’’ column sets forth the 

geographic area where the species is 

listed for purposes of the Act. This 

column incorporates the ‘‘Vertebrate 

population where endangered or 

threatened’’ column used in the tables 

in pre-2008 publications of this list. The 

term ‘‘Entire’’ is defined as ‘‘Wherever 

found.’’

(f) The ‘‘Historic range,’’ ‘‘Citations,’’

‘‘Special rules,’’ and ‘‘Critical habitat’’

columns are for informational purposes 

only. 

(1) ‘‘Historic range’’ column: The 

‘‘Historic range’’ column indicates the 

known general distribution of the 

species or subspecies as reported in the 

current scientific literature. The present 

distribution may be greatly reduced 

from this historic range. The ‘‘Historic 

range’’ column is nonregulatory and 

does not imply any application, or 

limitation of application, of the 

prohibitions of the Act or implementing 

regulations. Such prohibitions apply to 

all individuals of the listed species, as 

defined by the regulatory columns. 

(2) ‘‘Citations’’ column: The 

‘‘Citations’’ column contains the 

volume, document starting page 

number, and publication date of the 

Federal Register publication(s) in which 

a species was listed or reclassified, a 

rule was promulgated under section 4(d) 

of the Act, or an experimental 

population was established under 

section 10(j) of the Act. At least since 

1973, these documents have included a 

statement indicating the basis for the 

listing, as well as the effective date(s) of 

the listing or other rules that changed 

how the species was identified in the 

list in paragraph (h) of this section. The 

‘‘Citations’’ column replaces the ‘‘When 

listed’’ column and its footnotes used in 

the tables in pre-2008 publications of 

this list. 

(3) ‘‘Special rules’’ and ‘‘Critical 

habitat’’ columns: The ‘‘Special rules’’

and ‘‘Critical habitat’’ columns provide 

cross-references to other sections in part 

17 or parts 222, 223, or 226 of chapter 

II of this title where critical habitat and 

special rules are found. The ‘‘Special 

rules’’ column also describes 

experimental populations and indicates 

whether they are essential or 

nonessential. Experimental populations 

are a separate listing, with one of the 

following symbols in the ‘‘Status’’

column: ‘‘XE’’ for an essential 

experimental population and ‘‘XN’’ for 

a nonessential experimental population. 

The term ‘‘NA’’ (not applicable) 

appearing in the ‘‘Special rules’’ or 

‘‘Critical habitat’’ column indicates that 

there are no special rules or critical 

habitat for that particular species. 

However, all other appropriate rules in 

part 17, parts 217–226 of chapter II, and 

part 402 of chapter IV of this title still 

apply to that species. In addition, other 

rules in this title could relate to such 

species (for example, port-of-entry 

requirements). We make no claim that 

the ‘‘Special rules’’ column includes 

references to all the regulations of the 

Services that might apply to the species, 

or that it includes applicable regulations 

of other Federal agencies or State or 

local governments. 

(g) The Services will rely to the extent 

practicable on ITIS and standard 

references adopted for CITES. ITIS is an 

authoritative taxonomic database 

(http://www.itis.gov) maintained by a 

partnership of U.S., Canadian, and 

Mexican agencies; other organizations; 

and taxonomic specialists. CITES is an 

international agreement among member 

countries to ensure that international 

trade in specimens of wild animals and 

plants does not threaten their survival 

(see also 50 CFR part 23). 

(h) The ‘‘List of Endangered and 

Threatened Wildlife’’ is provided below: 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 45389 

Species 

Status Where listed Historic range Citations Special rules Critical habitat Common name 

[ESU or DPS] Scientific name 

* * * * * 

3. Amend §17.12 by revising 

paragraphs (a) through (g), and the 

introductory text and the column 

headings in the List of Endangered and 

Threatened Plants in paragraph (h), to 

read as follows: 

§ 17.12 Endangered and threatened plants. 

(a) The list in paragraph (h) of this 

section contains the names of all plant 

species determined by the Services to be 

endangered or threatened. It also 

contains the names of plant species 

treated as endangered or threatened 

because they are similar in appearance 

to and may be confused with 

endangered or threatened species (see §

17.50 et seq.). The ‘‘Common name,’’

‘‘Scientific name,’’ and ‘‘Status’’

columns provide regulatory 

information; together, they define the 

plant species within the meaning of the 

Act. The listing of a particular taxon 

includes all lower taxonomic units (see 

§17.11(a) for an example). 

(b) ‘‘Scientific name’’ column: The 

Services use the most recently accepted 

scientific name. In cases where 

confusion might arise, one or more 

synonyms are provided in parentheses 

within the ‘‘Scientific name’’ column. 

The Services will rely to the extent 

practicable on the Integrated Taxonomic 

Information System (ITIS) to determine 

a species’ scientific name. ITIS 

incorporates the naming principles 

established by the International Code of 

Botanical Nomenclature. For details, see 

paragraph (g) of this section. If the 

scientific name in ITIS differs from the 

scientific name adopted for use under 

the Convention on International Trade 

in Endangered Species of Wild Fauna 

and Flora (CITES), the CITES 

nomenclature will be provided in 

brackets ‘‘[ ]’’ within the ‘‘Scientific 

name’’ column following the ITIS 

nomenclature. 

(c) ‘‘Common name’’ column: 

Although common names are included, 

they cannot be relied upon for 

identification of any specimen, since 

they may vary greatly in local usage. In 

cases where confusion might arise, one 

or more synonyms are provided in 

parentheses within the ‘‘Common 

name’’ column. 

(d) ‘‘Status’’ column: Within the 

‘‘Status’’ column, the following 

abbreviations are used: 

Abbreviation 

Regulatory Status the 

Abbreviation Represents 

E Endangered 

T Threatened 

E (S/A) Endangered based on 

similarity of appearance to an existing 

endangered species 

T (S/A) Threatened based on 

similarity of appearance to an existing 

threatened species 

XE Essential experimental population 

XN Nonessential experimental population 

(e) ‘‘Where listed’’ column: The 

‘‘Where listed’’ column sets forth the 

geographic area where the species is 

listed for purposes of the Act. The term 

‘‘Entire’’ is defined as ‘‘Wherever 

found.’’

(f) The ‘‘Historic range’’, ‘‘Citations’’, 

‘‘Special rules’’, and ‘‘Critical habitat’’

columns are for informational purposes 

only. 

(1) ‘‘Historic range’’ column: The 

‘‘Historic range’’ column indicates the 

known general distribution of the 

species or subspecies as reported in the 

current scientific literature. The present 

distribution may be greatly reduced 

from this historic range. The ‘‘Historic 

range’’ column is nonregulatory and 

does not imply any application, or 

limitation of application, of the 

prohibitions in the Act or implementing 

regulations. Such prohibitions apply to 

all individuals of the listed species, 

wherever found. 

(2) ‘‘Citations’’ column: The 

‘‘Citations’’ column contains the 

volume, document starting page 

number, and publication date of the 

Federal Register publication(s) in which 

a species was listed or reclassified, a 

rule was promulgated under section 4(d) 

of the Act, or an experimental 

population was established under 

section 10(j) of the Act. At least since 

1973, these documents have included a 

statement indicating the basis for the 

listing, as well as the effective date(s) of 

the listing or other rules that changed 

how the species was identified in the 

list in paragraph (h) of this section. The 

‘‘Citations’’ column replaces the ‘‘When 

listed’’ column and its footnotes used in 

the tables in pre-2008 publications of 

this list. 

(3) ‘‘Special rules’’ and ‘‘Critical 

habitat’’ columns: The ‘‘Special rules’’

and ‘‘Critical habitat’’ columns provide 

cross-references to other sections in part 

17 or parts 222, 223, or 226 of chapter 

II of this title where critical habitat and 

special rules are found. The ‘‘Special 

rules’’ column also describes 

experimental populations and indicates 

whether they are essential or 

nonessential. Experimental populations 

are a separate listing, with one of the 

following symbols in the ‘‘Status’’

column: ‘‘XE’’ for an essential 

experimental population and ‘‘XN’’ for 

a nonessential experimental population. 

The term ‘‘NA’’ (not applicable) 

appearing in the ‘‘Special rules’’ or 

‘‘Critical habitat’’ column indicates that 

there are no special rules or critical 

habitat for that particular species. 

However, all other appropriate rules in 

parts 17, parts 217–226 of chapter II, 

and part 402 of chapter IV of this title 

still apply to that species. In addition, 

there may be other rules in this title that 

relate to such species (for example, portof-entry requirements). We make no 

claim that the ‘‘Special rules’’ column 

includes references to all the regulations 

of the two Services that might apply to 

the species, or that it includes 

applicable regulations of other Federal 

agencies or State or local governments. 

(g) The Services will rely to the extent 

practicable on ITIS and standard 

references adopted for CITES. ITIS is an 

authoritative taxonomic database 

(http://www.itis.gov) maintained by a 

partnership of U.S., Canadian, and 

Mexican agencies; other organizations; 

and taxonomic specialists. CITES is an 

international agreement among member 

countries to ensure that international 

trade in specimens of wild animals and 

plants does not threaten their survival 

(see also 50 CFR part 23). 

(h) The ‘‘List of Endangered and 

Threatened Plants’’ is provided below: 


dwashington3 on PRODPC61 with PROPOSALS
45390 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 

Species 

Status Where listed Historic range Citations Special rules Critical habitat 

Scientific name Common name 

* * * * * Dated: July 16, 2008. 

Kenneth Stansell, 

Acting Director, Fish and Wildlife Service. 

[FR Doc. E8–17533 Filed 8–4–08; 8:45 am] 

BILLING CODE 4310–55–S 


dwashington3 on PRODPC61 with PROPOSALS