44976 Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 - PDF document

44976 Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Rules and Regulations agencies, in consultation with and with Final Regulatory Revisions DEPARTMENT OF THE INTERIOR the assistance of the Secretaries of the Discussion of Changes From Proposed Fish and Wildlife Service Interior and Commerce (the Rule ‘‘Secretaries’’), to insure that any action Below, we discuss the changes DEPARTMENT OF COMMERCE authorized, funded, or carried out by between the proposed regulatory text such agencies is not likely to jeopardize and regulatory text that we are finalizing National Oceanic and Atmospheric the continued existence of endangered with this rule. We did not revise the Administration or threatened species or result in the regulatory text between the proposed destruction or adverse modification of and final rules for the definitions of 50 CFR Part 402 critical habitat of such species. ‘‘Destruction or adverse modification,’’ [Docket No. FWS–HQ–ES–2018–0009; On July 25, 2018, the Services ‘‘Director,’’ and ‘‘Programmatic FXES11140900000–189–FF09E300000; published a proposed rule to amend our consultation’’. Therefore, we do not Docket No. 180207140–8140–01; regulations that implement section 7 of address those definitions within this 4500090023] the Act (83 FR 35178). The proposed portion of the preamble. RIN 1018–BC87; 0648–BH41 rule addressed alternative consultation Section 402.02—Definitions mechanisms; the definitions of Endangered and Threatened Wildlife Definition of ‘‘Effects of the Action’’ ‘‘destruction or adverse modification’’ and Plants; Regulations for and ‘‘effects of the action’’; certainty of The Services proposed to revise the Interagency Cooperation measures proposed by action agencies to definition of ‘‘effects of the action’’ in a AGENCY : U.S. Fish and Wildlife Service avoid, minimize, or offset adverse manner that simplified the definition by (FWS), Interior; National Marine effects; and other improvements to the collapsing the terms ‘‘direct, ‘‘indirect,’’ Fisheries Service (NMFS), National consultation process. The proposed rule interrelated,’’ and ‘‘interdependent’’ and Oceanic and Atmospheric also sought comment on: The by applying a two-part test of ‘‘but for’’ Administration, Commerce. advisability of addressing several other and ‘‘reasonably certain to occur.’’ ACTION : Final rule. issues related to implementing section 7 Effects of the action was proposed to be defined as all effects on the listed of the Act; the extent to which the SUMMARY : FWS and NMFS (collectively species or critical habitat that are caused proposed changes outlined would affect referred to as the ‘‘Services’’ or ‘‘we’’) by the proposed action, including the timeframes and resources needed to revise portions of our regulations that effects of other activities that are caused conduct consultation; anticipated cost implement section 7 of the Endangered by the proposed action. An effect or savings resulting from the proposed Species Act of 1973, as amended activity is caused by the proposed changes; and any other specific changes (‘‘Act’’). The revisions to the regulations action if it would not occur but for the to any provisions in part 402 of the clarify, interpret, and implement proposed action and it is reasonably portions of the Act concerning the regulations. The proposed rule certain to occur. Effects of the action interagency cooperation procedures. requested that all interested parties may occur later in time and may include submit written comments on the DATES : This final rule is effective on effects occurring outside the immediate September 26, 2019. proposal by September 24, 2018. The area involved in the action. Services also contacted Federal and ADDRESSES : This final rule is available The Services requested comments on State agencies, certain industries on the internet at http:// (1) the extent to which the proposed regularly involved in Act section 7(a)(2) www.regulations.gov at Docket No. revised definition simplified and consultation, Tribes, nongovernmental FWS–HQ–ES–2018–0009. Comments clarified the definition of ‘‘effects of the and materials we received on the organizations, and other interested action’’; (2) whether the proposed proposed rule, as well as supporting parties and invited them to comment on definition altered the scope of effects documentation we used in preparing the proposal. considered by the Services; (3) the this rule, are available for public extent to which the scope of the In this final rule, we focus our inspection at http:// proposed revised definition was discussion on changes from the www.regulations.gov. appropriate for the purposes of the Act; proposed regulation revisions, including FOR FURTHER INFORMATION CONTACT : Gary and (4) how the proposed revised changes based on comments we Frazer, U.S. Fish and Wildlife Service, definition may be improved. We received during the comment period. Department of the Interior, Washington, received numerous comments regarding For background relevant to these DC 20240, telephone 202/208–4646; or the proposed revision to the definition regulations, we refer the reader to the Samuel D. Rauch, III, National Marine of ‘‘effects of the action,’’ including the proposed rule (83 FR 35178, July 25, Fisheries Service, Department of two-part test, and the scope of the 2018). Commerce, 1315 East-West Highway, definition as proposed. Some This final rule is one of three related Silver Spring, MD 20910, telephone commenters felt that the proposed two- final rules that the agencies are 301/427–8000. If you use a part test for both effects and activities publishing in this issue of the Federal telecommunications device for the deaf caused by the proposed action was Register. All of these documents finalize (TDD), call the Federal Relay Service at either inappropriate or still subject to revisions to various regulations that 800–877–8339. misapplication and misinterpretation. implement the Act. The revisions to the Others were concerned that the changed SUPPLEMENTARY INFORMATION : jspears on DSK3GMQ082PROD with RULES2 regulations in this rule are prospective; definition would narrow the scope of Background they are not intended to require that any effects of the action, resulting in Title 50, part 402, of the Code of previous consultations under section unaddressed negative effects to listed Federal Regulations establishes the species and critical habitat. As stated in 7(a)(2) of the Act be reevaluated at the procedural regulations governing the proposed rule, the Services’ time this final rule becomes effective interagency cooperation under section 7 intended purpose of the revised (see DATES , above). of the Act, which requires Federal definition of effects of the action was to VerDate Sep<11>2014 20:00 Aug 26, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\27AUR2.SGM 27AUR2