        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 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
            Common name
            Scientific name
            Population
            Known Distribution
            Portion of Range Where Endangered or Threatened
            Range
            Status
            When Listed
            Special rules

        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
            Common name
            Scientific name
            Range
            Known Distribution
            Portion of Range Where Threatened or Endangered
            Status
            When Listed
            Special rules

        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
            Common Name
            Scientific Name
            Historic Range
            Vertebrate Population where Endangered or Threatened
            Status
            When Listed
            Critical Habitat
            Special Rules

        Figure 4 - §17.12 Plants

            Species
            Common Name
            Scientific Name
            Historic Range
            Status
            When Listed
            Critical Habitat
            Special Rules

        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
            Common Name
            Scientific Name
            Historic Range
            Family
            Status
            When Listed
            Critical Habitat
            Special Rules

        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
            Common name
            Scientific name
            Historic range
            Vertebrate population where endangered or threatened
            Status
            When listed
            Critical habitat
            Special rules

        Figure 7 - Proposed §17.11 Column Title and Positions:

            Species
            Common name [ESU or DPS]
            Scientific name
            Status
            Where listed
            Historic range
            Citations
            Special rules
            Critical habitat

        Figure 8 - Current §17.12 Column Titles and Positions:

            Species
            Scientific name
            Common name
            Historic range
            Family
            Status
            When listed
            Critical habitat
            Special rules

        Figure 9 - Proposed §17.12 Column Title and Positions:

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

        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 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-to-Government 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:

            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:

              Species
              Common name [ESU or DPS]
              Scientific name
              Status
              Where listed
              Historic range
              Citations
              Special rules
              Critical habitat

          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, port-of-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:

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

          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


        DEPARTMENT OF HEALTH AND HUMAN SERVICES
        42 CFR Part 100
        RIN 0906-AB24
        National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table; Correction

          AGENCY:
          Health Resources and Services Administration (HRSA), U.S. Department of Health and Human Services (HHS).

          ACTION:
          Notification; correction.

          SUMMARY:
          HHS published a document on October 29, 2020, announcing a public hearing to receive information and views on the notice of proposed rulemaking (NPRM) entitled “National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table.” The deadline to give oral notice of participation when there may be insufficient time to submit the required information in writing has changed from October 26, 2020, to November 5, 2020.

          DATES:
          November 6, 2020.

          FOR FURTHER INFORMATION CONTACT:

          Tamara Overby, Acting Director, DICP, Healthcare Systems Bureau (HSB), HRSA, 5600 Fishers Lane, 08N-142, Rockville, Maryland 20857; 855-266-2427 or by email TOverby@hrsa.gov.

        SUPPLEMENTARY INFORMATION:
        Correction
        In the Federal Register of October 29, 2020, in FR Doc. 2020-23340, on page 68540, in the third column, in the fourth paragraph, correct the date October 26, 2020, to November 5, 2020.

          Wilma M. Robinson,
          Deputy Executive Secretary, Department of Health and Human Services.

      [FR Doc. 2020-24774 Filed 11-4-20; 8:45 am]
      BILLING CODE 4165-15-P


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Chapter I
        [EPA-HQ-OA-2010-0992 FRL-9239-4]
        Proposed Final Policy on Consultation and Coordination With Indian Tribes

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Notice of document for public comment.

          SUMMARY:
          The Environmental Protection Agency (EPA) is announcing a 60-day public comment period for the proposed Final EPA Policy on Consultation and Coordination with Indian Tribes (Policy). The Policy complies with the Presidential Memorandum on Tribal Consultation issued November 5, 2009, directing agencies to develop a plan to implement fully Executive Order 13175 (Executive Order). The Executive Order specifies that each Agency must have a process that is accountable to establish regular and meaningful consultation and coordination with tribal officials in the development of policies that have tribal implications.
          The goals of the Policy are to: Establish clear EPA standards for the consultation process, including defining the what, when, and how of consultation; designate specific EPA personnel responsible for serving as consultation points of contact in order to promote consistency in, and coordination of, the consultation process; and establish a management oversight and reporting structure that will ensure accountability and transparency. The proposed final Policy sets a broad standard for when EPA should consider consulting with federally-recognized tribal governments. Notably, the scope of EPA's proposed consultation policy is intended to be broader than that found in Executive Order 13175.
          The Policy reflects the principles expressed in the 1984 EPA Policy for the Administration of Environmental Programs on Indian Reservations (1984 Policy) for interacting with tribes. The 1984 Policy remains the cornerstone for EPA's Indian program and assure[s] that tribal concerns and interests are considered whenever EPA's actions and/or decisions may affect tribes.
          EPA is requesting comment on the policy described in this document.

          DATES:
          Comments must be received on or before February 16, 2011.

          ADDRESSES:
          Submit your comments, identified by Docket ID No. [EPA-HQ-OA-2010-0992], by one of the following methods:
          • http://www.regulations.gov: Follow the on-line instructions for submitting comments.
          • Mail: EPA's Proposed Final Policy on Consultation and Coordination with Indian Tribes, Environmental Protection Agency, Mailcode: 2822-1T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
          • Hand Delivery: EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

            Instructions: Direct your comments to Docket ID No. EPA-HQ-OA-2010-0992. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov (or e-mail). The http://www.regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http://www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

            Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the HQ EPA Docket Center. EPA's Proposed Final Policy on Consultation and Coordination with Indian Tribes Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744.

          FOR FURTHER INFORMATION CONTACT:

          David Guest, Office of International and Tribal Affairs (MC2690M), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202) 566-2872; fax number: (202) 564-0298; e-mail address:
            guest.david@epa.gov.

        SUPPLEMENTARY INFORMATION:
        I. General Information
        A. Does this action apply to me?

        This action is directed to the public in general, tribal governments, and tribal organizations. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the point of contact listed under FOR FURTHER INFORMATION CONTACT.
        What should I consider as I prepare my comments for EPA?

          Tips for Preparing Your Comments. When submitting comments, remember to:

        • Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number).
        • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.
        • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.
        • Describe any assumptions and provide any technical information and/or data that you used.
        • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.
        • Provide specific examples to illustrate your concerns, and suggest alternatives.
        • Explain your views as clearly as possible, avoiding the use of profanity or personal threats.
        • Make sure to submit your comments by the comment period deadline identified.
        Table of Contents

          I. Policy Statement
          II. Background
          III. Definitions
          IV. Guiding Principles
          V. Consultation
          A. The Consultation Process
          B. What Activities May Involve Consultation?
          C. When Consultation Occurs
          D. How Consultation Occurs
          VI. Managing the Consultation Process
          A. Roles and Responsibilities
          B. National Consultation Meeting
          C. Reporting
          D. EPA Senior Management Review

        I. Policy Statement
        EPA's policy is to consult on a government-to-government basis with federally recognized tribal governments when EPA actions and decisions may affect tribal interests. Consultation is a process of meaningful communication and coordination between EPA and tribal officials prior to EPA taking actions or implementing decisions that may affect tribes. As a process, consultation includes several methods of interaction that may occur at different levels. The appropriate level of interaction is determined by past and current practices, adjustments made through this Policy, the continuing dialogue between EPA and tribal governments, and program and regional office consultation procedures and plans.
        This Policy establishes national guidelines and institutional controls for consultation across EPA. EPA program and regional offices have the primary responsibility for consulting with tribes. All program and regional office consultation plans and practices must be in accord with this Policy. This Policy seeks to strike a balance between providing sufficient guidance for purposes of achieving consistency and predictability and allowing for, and encouraging, the tailoring of consultation approaches to reflect the circumstances of each consultation situation and to accommodate the preferences of tribal governments. The consultation process is further detailed in Section V of this document.
        II. Background
        To put into effect the policy statement above, EPA has developed this proposed EPA Policy on Consultation and Coordination with Indian Tribes (Policy). The Policy complies with the Presidential Memorandum (Memorandum) issued November 5, 2009, directing agencies to develop a plan to implement fully Executive Order 13175 (Executive Order). The Executive Order specifies that each Agency must have an accountable process to ensure meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.
        This Policy reflects the principles expressed in the 1984 EPA Policy for the Administration of Environmental Programs on Indian Reservations (1984 Policy) for interacting with tribes. The 1984 Policy remains the cornerstone for EPA's Indian program and “assure[s] that tribal concerns and interests are considered whenever EPA's actions and/or decisions may affect” tribes (1984 Policy, p. 3, principle no. 5).
        One of the primary goals of this Policy is to fully implement both the Executive Order and the 1984 Indian Policy, with the ultimate goal of strengthening the consultation, coordination, and partnership between tribal governments and EPA.
        The most basic result of this full implementation is that EPA takes an expansive view of the need for consultation in line with the 1984 Policy's directive to consider tribal interests whenever EPA takes an action that may affect tribal interests.
        The Policy is intended to be implemented using existing EPA structures to the extent possible. The use of current EPA business processes, such as the Action Development Process, National and Regional Tribal Operations Committees, and tribal partnership groups is purposeful so that consultation with tribal governments becomes a standard EPA practice and not an additional requirement.
        The issuance of this Policy supports and guides the development and use of program and regional office consultation plans and practices consistent with this Policy.
        III. Definitions
        A. Indian tribe or tribe means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1944, 25 U.S.C. 479a.
        B. Tribal official means an elected, appointed, or designated official or employee of a tribe.
        C. Indian country means:
        1. All land within limits of any Indian reservation 1

           under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;

            1 EPA's definition of reservation encompasses both formal reservations and informal reservations, i.e., trust lands set aside for Indian tribes. See for example Oklahoma Tax Comm'n v. Sac and Fox Nation, 508 U.S. 114, 123 (1993); 56 FR 64876, Dec. 12, 1991; or 63 FR 7254, Feb. 12, 1998.

        2. All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and
        3. All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
        IV. Guiding Principles
        To understand both the purpose and scope of the Policy as well as the integration of the Policy, Memorandum, and Executive Order, it is helpful to list principles found in EPA's January 2010 Plan to Develop a Tribal Consultation and Coordination Policy Implementing Executive Order 13175:
        EPA's fundamental objective in carrying out its responsibilities in Indian country is to protect human health and the environment.
        EPA recognizes and works directly with federally recognized tribes as sovereign entities with primary authority and responsibility for each tribe's land and membership, and not as political subdivisions of states or other governmental units.
        EPA recognizes the federal government's trust responsibility, which derives from the historical relationship between the federal government and Indian tribes as expressed in certain treaties and federal Indian law.
        EPA ensures the close involvement of tribal governments and gives special consideration to their interests whenever EPA's actions may affect Indian country or other tribal interests.
        When EPA issues involve other federal agencies, EPA carries out its consultation responsibilities jointly with those other agencies, where appropriate.
        In addition, it is helpful to note the distinction between this Policy, federal environmental laws pertaining to public involvement, and Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations. Under this Policy, EPA consults with federally recognized tribal governments when Agency actions and decisions may affect tribal interests. EPA also recognizes its obligations to involve the public as required by federal environmental laws. Finally, EPA recognizes the need to be responsive to the environmental justice concerns of non-federally recognized tribes, individual tribal members, tribal community-based/grassroots organizations and other indigenous stakeholders.
        V. Consultation
        A. The Consultation Process
        To the fullest extent possible, EPA plans to use existing EPA business operations to put this Policy into effect.
        Tribal officials may request consultation in addition to EPA's ability to determine what requires consultation. EPA attempts to honor the tribal government's request with consideration of the nature of the activity, past consultation efforts, available resources, timing considerations, and all other relevant factors.
        Consultation at EPA consists of four phases: Identification, Notification, Input, and Follow-up:
        1. Identification Phase: EPA identifies activities that may be appropriate for consultation, using the mechanisms described in section B.2, below. The identification phase should include a determination of the complexity of the activity, its potential implications for tribes, and any time and/or resource constraints relevant to the consultation process. This phase should also include an initial identification of the potentially affected tribe(s).
        2. Notification Phase: EPA notifies the tribes of activities that may be appropriate for consultation.
        Notification can occur in a number of ways depending on the nature of the activity and the number of tribes potentially affected. For example, EPA may send out a mass mailing to all tribes, may contact the tribal governments by telephone, or provide notice through other agreed upon means. EPA normally honors tribal preferences regarding the specific mode of contact.
        Notification includes sufficient information for tribal officials to make an informed decision about the desire to continue with consultation and sufficient information to understand how to provide informed input.
        Notification should occur sufficiently early in the process to allow for meaningful input by the tribe(s).
        3. Input Phase: Tribes provide input to EPA on the consultation matter. This phase may include a range of interactions including written and oral communications including exchanges of information, phone calls, meetings, and other appropriate interactions depending upon the specific circumstances involved. EPA coordinates with tribal officials during this phase to be responsive to their needs for information and to provide opportunities to provide, receive, and discuss input. During this phase, EPA considers the input regarding the activity in question. EPA may need to undertake subsequent rounds of consultation if there are significant changes in the originally-proposed activity or as new issues arise.
        4. Follow-up Phase: EPA provides feedback to the tribes(s) involved in the consultation to explain how their input was considered in the final action. This feedback should be a formal, written communication from a senior EPA official involved to the most senior tribal official involved in the consultation.
        B. What activities may involve consultation?
        1. General Categories of Activities Appropriate for Consultation: The broad scope of consultation contemplated by this Policy creates a large number of actions that may be appropriate for consultation.
        The following list of EPA activity categories provides a general framework from which to begin the determination of whether any particular action or decision is appropriate for consultation. The final decision on consultation is normally made after examining the complexity of the activity, its implications for tribes, time and/or resource constraints, an initial identification of the potentially affected tribe(s), application of the mechanisms for identifying matters for consultation, described below, and interaction with tribal partnership groups and tribal governments.
        The following, non-exclusive list of EPA activity categories are normally appropriate for consultation if they may affect a tribe(s):

        a. Regulations or rules
        b. Policies, guidance documents, directives
        c. Budget and priority planning development
        d. Legislative comments 2

            2 Legislative comments are a special case where, due to short legislative timeframes, consultation in advance of comment submission may not always be possible. Nevertheless, EPA will strive to inform tribes when it submits legislative comments on activities that may affect Indian country or other tribal governmental interests.

        e. Permits
        f. Civil enforcement and compliance monitoring actions 3

            3 Primary guidance on civil enforcement matters involving tribes can be found in “Guidance on the Enforcement Priorities Outlined in the 1984 Indian Policy,” and “Questions and Answers on the Tribal Enforcement Process.” This guidance is intended to work with the Tribal Consultation Policy in a complementary fashion to ensure appropriate consultation with tribes on civil enforcement matters. EPA generally does not consult on criminal investigations and enforcement actions.

        g. Response actions and emergency preparedness 4

            4 The term response as defined under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) includes removals and remedial actions.

        h. State or tribal authorizations or delegations
        i. International Treaties and Agreements
        2. EPA's Mechanisms for Identifying Matters for Consultation: The mechanisms EPA uses for identifying matters appropriate for consultation are as follows:
        a. Tribal Government-Requested Consultation. Tribal officials may request consultation in addition to EPA's ability to determine what requires consultation. EPA attempts to honor the tribal government's request with consideration of the nature of the activity, past consultation efforts, available resources, timing considerations, and all other relevant factors.
        b. Regulatory Steering Committee (RSC). This committee oversees EPA's Action Development Process (ADP), which covers all EPA regulations and non-regulatory actions of national significance. The RSC identifies matters appropriate for consultation on the Comprehensive Regulatory Data Form. These forms are available to tribes in the semiannual Regulatory Agenda as well as in the subset of rules on the Regulatory Gateway accessed through the EPA website.
        This Policy is not intended to subject additional Agency actions to the ADP process for the sole purpose of a consultation analysis. Non-ADP actions are subject to consultation analysis through other mechanisms identified within the Policy.
        c. National Program Offices and Regional Offices. For those actions and decisions not in the ADP process, program and regional offices also determine if consultation is appropriate under this Policy. EPA's Tribal Consultation Advisors, described below, provide assistance with that determination. Such determination includes coordination with national and/or regional tribal partnership groups.
        d. National and Regional Tribal Partnership Groups. EPA meets regularly with a number of national and regional tribal partnership groups. These groups assist in the identification of matters that may be appropriate for consultation.
        C. When Consultation Occurs
        Consultation should occur early enough to allow tribes the opportunity to provide meaningful input that can be considered prior to EPA deciding whether, how, or when to act on the matter under consideration. As proposals and options are developed, consultation and coordination should be continued, to ensure that the overall range of options and decisions is shared and deliberated by all concerned parties, including additions or amendments that occur later in the process.
        D. How Consultation Occurs
        There is no single formula for what constitutes appropriate consultation, and the analysis, planning, and implementation of consultation should consider all aspects of the action under consideration. In the case of national rulemaking, a series of meetings in geographically diverse areas may be appropriate. For more routine operational matters, a less formal process may be sufficient.
        VI. Managing the Consultation Process
        A. Roles and Responsibilities
        The following roles and responsibilities have been defined to allow EPA to effectively implement this Policy. These roles and responsibilities reflect the fact that, while oversight and coordination of consultation occurs at EPA headquarters, as a practical matter, much of the actual consultation activity occurs in EPA's program and regional offices. The responsibility for initially analyzing the need for consultation and then subsequently carrying it out, resides with these offices.
        Designated Consultation Official—In addition to being the EPA's National Program Manager for the EPA Tribal Program, EPA's Assistant Administrator for the Office of International and Tribal Affairs (OITA) is the EPA-Designated Consultation Official under the Executive Order.
        These responsibilities include coordination and implementation of tribal consultation in accordance with this Policy and Agency compliance with the 1984 Indian Policy.
        The Designated Consultation Official has the authority for: Defining EPA actions appropriate for consultation, evaluating the adequacy of that consultation, and ensuring that EPA program and regional office consultation practices are consistent with this Policy.
        Per the Memorandum, the Designated Consultation Official reports annually to OMB on the implementation of the Executive Order.5
           Further, the Designated Consultation Official certifies compliance with the Executive Order for applicable EPA activities. The American Indian Environmental Office (AIEO) is located within OITA and coordinates the operational details of the Policy and compiles consultation-related information for the Designated Consultation Official.

            5 Report is filed by August 3rd.

        2. Assistant Administrators—Assistant Administrators oversee the consultation process in their respective offices including analysis for potential consultation and the consultation process. Each program office is directed to prepare a semi-annual agenda of matters appropriate for consultation and a brief summary of consultation that has occurred. The program offices provide this information to AIEO for reporting to OMB. Each office is directed to designate a Tribal Consultation Advisor.
        3. Regional Administrators—Regional Administrators oversee the consultation process in their respective offices including analysis for potential consultation and the consultation process. Each region is directed to prepare a semi-annual agenda of matters appropriate for consultation and a brief summary of consultation that has occurred. The regions provide this information to AIEO for reporting to OMB. Each region is directed to designate a Tribal Consultation Advisor.
        4. Tribal Consultation Advisors—Tribal Consultation Advisors (TCAs) assist in identifying matters appropriate for consultation and prepare summary information on consultation activities and provide it to AIEO. TCAs receive and provide advice within their respective program offices and regions on what actions may be appropriate for consultation. TCAs also serve as a point-of-contact for EPA staff, tribal governments, and other parties interested in the consultation process. TCAs are the in-office subject matter experts to assist staff and management in the implementation of the Policy.
        B. National Consultation Meeting
        OITA/AIEO may convene a periodic National Consultation Meeting to be chaired by the Designated Consultation Official to review the consultation process across the Agency.
        C. Reporting

        Pursuant to the Memorandum, EPA submits annual progress reports to OMB on the status of the consultation process and actions and provides any updates to this Policy.

        D. EPA Senior Management Review
        The Designated Consultation Official communicates regularly with the Assistant and Regional Administrators to review the consultation system, to consider any matters requiring senior management attention, and to make adjustments necessary to improve the Policy or its implementation.
        EPA plans to receive ongoing feedback on the Policy from all parties to assess its effectiveness and implement improvements.

          Dated: December 8, 2010.
          Michael Stahl,
          Acting Director American Indian Environmental Office.

      [FR Doc. 2010-31332 Filed 12-14-10; 8:45 am]
      BILLING CODE 6560-50-P