Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations 42043 

Big Lake .......................................... 246A, 

252C2, 

281C1, 

296C3 

* * * * * 

Cotulla ............................................. 264A, 

289A 

* * * * * 

Crystal Beach ................................. 268A 

* * * * * 

Dalhart ............................................ 261C2 

* * * * * 

Dilley ............................................... 291A 

* * * * * 

Encino ............................................. 250A, 

283A 

* * * * * 

Freer ............................................... 288A 

* * * * * 

Goree .............................................. 277A 

* * * * * 

Hamlin ............................................. 283C2 

* * * * * 

Knox City ........................................ 293A, 

297A 

* * * * * 

Marquez .......................................... 296A 

* * * * * 

Matador ........................................... 244C2, 

276C3 

* * * * * 

McCamey ........................................ 233C3, 

237C3 

McLean ........................................... 298C3 

* * * * * 

Menard ............................................ 265A, 

292A 

* * * * * 

Mullin .............................................. 224A, 

277A 

* * * * * 

Olney .............................................. 282A 

* * * * * 

Premont .......................................... 264C3, 

287A 

* * * * * 

Roscoe ............................................ 228A 

* * * * * 

San Isidro ....................................... 255A, 

278A 

* * * * * 

Sanger ............................................ 281C3 

* * * * * 

Trinity .............................................. 251A 

Turkey ............................................. 221C2, 

269A 

* * * * * 

Wellington ....................................... 248C2, 

253C3 

* * * * * 

Westbrook ....................................... 272A 

* * * * * 

UTAH 

* * * * * 

Paragonah ...................................... 258A 

* * * * * 

VERMONT 

* * * * * 

Hardwick ......................................... 290A 

West Rutland .................................. 298A 

* * * * * 

WISCONSIN 

* * * * * 

New Holstein .................................. 258A 

* * * * * 

WYOMING 

* * * * * 

Bairoil .............................................. 235C3 

Basin ............................................... 299C1 

Dubois ............................................. 242A 

* * * * * 

Lusk ................................................ 242A 

* * * * * 

Pine Bluffs ...................................... 287A 

Wheatland ....................................... 286A 

* * * * * 

* * * * * 

[FR Doc. 2017–18831 Filed 9–5–17; 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–2017–0026; 

4500090024] 

RIN 1018–BC64 

Endangered and Threatened Wildlife 

and Plants; Technical Correction for 

Tonkin Snub-Nosed Monkey 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, are making a technical 

correction to remove the endangered 

Tonkin snub-nosed monkey 

(Rhinopithecus avunculus) from certain 

regulations that apply to certain 

threatened primates. These regulations 

apply only to threatened species, and 

Tonkin snub-nosed monkeys were 

reclassified as an endangered species in 

1990. Therefore, the provisions of the 

regulations for threatened primates do 

not apply to this species. We are 

correcting this error in the Code of 

Federal Regulations. 

DATES: This action is effective 

September 6, 2017. 

ADDRESSES: This final rule and a list of 

the references cited is available on the 

Internet at http://www.regulations.gov at 

Docket No. FWS–HQ–ES–2017–0026. 

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: The 

purpose of this final rule is to notify the 

public that we are removing the Tonkin 

snub-nosed langur from regulations in 

title 50 of the Code of Federal 

Regulations (CFR) that pertain to certain 

primates that are listed as threatened 

species under the Endangered Species 

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

1531 et seq.). The List of Endangered 

and Threatened Wildlife (List) under the 

Act is found at 50 CFR 17.11(h). The 

regulations that are the focus of this 

final rule are found at 50 CFR 17.40(c). 

We are removing the Tonkin snub-nosed 

langur (Pygathrix [Rhinopithecus] 

avunculus) from the list of primates in 

§ 17.40(c)(1). (For reasons explained 

below in Taxonomy, the Tonkin snubnosed langur (Pygathrix [Rhinopithecus] 

avunculus) is older nomenclature for 

the now generally accepted common 

and scientific names: Tonkin snubnosed monkey (Rhinopithecus 

avunculus). In this document, we use 

the currently accepted common name 

Tonkin snub-nosed monkey.) 

On January 9, 2016, we received a 

petition, dated the same day from 

People for the Ethical Treatment of 

Animals Foundation (PETA), requesting 

in part that Tonkin snub-nosed monkey 

be removed from the regulations at 

§ 17.40(c), which pertain to threatened 

primates, because this species is listed 

as an endangered species under the Act 

at 50 CFR 17.11(h). 


nlaroche on DSKBBV9HB2PROD with RULES
42044 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations 

Background 

Regulations such as those at 50 CFR 

17.40(c) are promulgated under section 

4(d) of the Act and are referred to as 

‘‘4(d) rules.’’ These rules apply only to 

threatened species. Petitions to amend 

4(d) rules are petitions under the 

Administrative Procedure Act (APA; 5 

U.S.C. 553(e)) and are considered in 

accordance with 50 CFR 424.10; 

424.14(a), (j), and Departmental 

regulations at 43 CFR part 14. A final 

rule published in 1990 reclassified all 

Tonkin snub-nosed monkeys from 

threatened to endangered (55 FR 39414, 

September 27, 1990), so the provisions 

of the 4(d) rule can no longer be applied 

to this endangered species. 

Accordingly, we are publishing this 

final rule without a prior proposal 

because this is a noncontroversial action 

that does not alter the regulatory 

protections afforded to this species and 

is a technical correction necessary to 

bring our regulations into conformity 

with the Act. 

Previous Federal Actions 

In 1976, as part of a decision to list 

26 species of primates as threatened or 

endangered under the Act, the Service 

proposed to list Tonkin snub-nosed 

monkeys as a threatened species (41 FR 

16466, April 19, 1976) and subsequently 

finalized the listing (41 FR 45990, 

October 19, 1976). In the same 

rulemaking, Tonkin snub-nosed 

monkeys were included in a new 4(d) 

rule for threatened primates at 50 CFR 

17.40(c). 

In 1990, all Tonkin snub-nosed 

monkeys were reclassified from 

threatened to endangered (55 FR 39414, 

September 27, 1990). 

In both the proposed rule and final 

rule reclassifying the species from 

threatened to endangered status (55 FR 

1486, January 16, 1990; 55 FR 39414, 

September 27, 1990), the Service 

indicated through the informational text 

‘‘NA’’ (not applicable) in the ‘‘Special 

rules’’ column of the List at 50 CFR 

17.11(h) that there are no 4(d) rules for 

that particular species. However, we 

failed to make the corresponding change 

to 50 CFR 17.40(c) to reflect the fact that 

the provisions there no longer applied 

to the now-endangered Tonkin snubnosed monkey. 

Taxonomy 

The terms monkey and langur are 

both used interchangeably in the 

common name for this species. 

However, the International Union for 

Conservation of Nature (IUCN) Red List, 

the Convention on International Trade 

in Endangered Species of Wild Fauna 

and Flora (CITES), the Integrated 

Taxonomic Information System (ITIS), 

and the List at 50 CFR 17.11(h) all use 

the term ‘‘monkey’’ for this species. 

The Tonkin snub-nosed monkey is 

currently listed in § 17.40(c)(1) as 

‘‘Tonkin snub-nosed langur (Pygathrix 

[Rhinopithecus] avunculus).’’ The snubnosed monkeys of the genus 

Rhinopithecus were formerly listed as a 

subgenus of Pygathrix, but 

Rhinopithecus was elevated to the full 

genus level in 2001(Groves 2001, p. 

287). This taxonomic change is now 

widely accepted in the scientific 

community, including CITES (CITES 

2017, p. 5), ITIS (ITIS 2017, 

unpaginated), and IUCN Red List (IUCN 

2017, unpaginated). Therefore, in this 

final rule we refer to the species as 

Tonkin snub-nosed monkey 

(Rhinopithecus avunculus), which is 

also how the species is presented in the 

List at 50 CFR 17.11(h). 

Administrative Procedure 

As explained above, this rulemaking 

is necessary to bring our regulations into 

compliance with the Act. Therefore, 

under these circumstances, we have 

determined, pursuant to 5 U.S.C. 

553(b)(3)(B), that prior notice and 

opportunity for public comment are 

impractical and unnecessary. Public 

opportunity for comment is simply not 

required when an agency amends a 

regulation to remove regulatory 

provisions that are not consistent with 

law. Such action is ministerial in nature 

and allows for no discretion on the part 

of the agency. Thus, public comment 

could not inform this process in any 

meaningful way. We have further 

determined, pursuant to 5 U.S.C. 

553(d)(3), that the agency has good 

cause to make this rule effective upon 

publication, which is to comply with 

the Act as soon as practicable. 

List of References Cited 

A list of the references cited in this 

final rule is provided in Docket No. 

FWS–HQ–ES–2017–0026 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. 

§ 17.40 [Amended] 

■ 2. Amend § 17.40(c)(1) by: 

■ a. Adding the word ‘‘and’’ before 

‘‘purple-faced langur (Presbytis senex)’’; 

and 

■ b. Removing the phrase ‘‘; and Tonkin 

snub-nosed langur (Pygathrix 

[Rhinopithecus] avunculus)’’. 

Dated: August 30, 2017. 

James W. Kurth, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2017–18866 Filed 9–5–17; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket Nos. 090206140–91081–03 and 

120405260–4258–02] 

RIN 0648–XF673 

Authorization of Revised Reporting 

Requirements Due to Catastrophic 

Conditions for Federal Seafood 

Dealers in Texas and Portions of 

Louisiana 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; determination 

of catastrophic conditions. 

SUMMARY: In accordance with the 

regulations implementing the individual 

fishing quota (IFQ) and Federal dealer 

reporting programs specific to the 

commercial reef fish and coastal 

migratory pelagic (CMP) fisheries in the 

Gulf of Mexico (Gulf), the Regional 

Administrator, Southeast Region, NMFS 

(RA) has determined that Hurricane 

Harvey has caused catastrophic 

conditions in coastal and adjacent 

counties in the state of Texas, and 

Cameron and Vermilion parishes in 

Louisiana. Consistent with those 

regulations, the RA has authorized any 

dealer in the affected area who does not 

have access to electronic reporting to 

delay reporting of trip tickets to NOAA 

Fisheries from September 1, 2017, 

through October 15, 2017. The RA has 


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