In accordance with 5 CFR 1320, OMB is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OMB a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments.
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The Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.), specifies the process by which the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (we, Services) make decisions on listing, delisting, changing the status of a listed species or revising critical habitat. Any interested person may submit a written petition to the Services requesting to add a species to the Lists of Endangered or Threatened Wildlife and Plants (Lists), remove a species from the Lists, change the listed status of a species, or revise the boundary of an area designated as critical habitat. The petition process is a central feature of the Act (Act; 16 U.S.C. 1531 et seq.), and serves a beneficial public purpose. A petition may direct the attention of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to make necessary revisions to critical habitat designations.
The U.S. Fish and Wildlife Service and the National Marine Fisheries Service (we, Services) are jointly proposing changes to the regulations at 50 CFR 424.14 concerning petitions to improve the content and specificity of petitions and to enhance the efficiency and effectiveness of the petitions process to support species conservation. Our proposed revisions to § 424.14 will clarify and enhance the procedures by which the Services will evaluate petitions under section 4(b)(3) of the Act, 16 U.S.C. 1533(b)(3). We propose to revise the regulations pertaining to the petition process to provide greater clarity to the public on the petition-submission process, which will assist petitioners in providing complete petitions. These revisions would also maximize the efficiency with which the Services process petitions, making the best use of available resources. These changes would improve the quality of petitions through expanded content requirements and guidelines, and, in so doing, better focus the Servicesâ energies on petitions that merit further analysis.
We are proposing to require that the petitioner (1) prepare petitions in accordance with § 424.14 and (2) notify applicable States that a petition is being submitted to one of the Services.
US Code:
16 USC 1531 et seq
Name of Law: Endangered Species Act of 1973 as amended
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
1018-Petitions - SS-A - PR 4-20-16.rtf
Notification of States - ESA Petitions (private sector)