Revisions to the Regulations for Petitions, 50 CFR 424.14

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1018-0165 SSA Petitions final 05022023.docx	Supporting Statement A	Uploaded 2023-05-02	Repair queued
1018-0165 30-day FRN Petitions 05162023 88FR31270.pdf	Supplementary Document	Uploaded 2023-05-16	Repair queued
1018-0165 60-day FRN Petitions 02092023 88FR8451.pdf	Supplementary Document	Uploaded 2023-04-28	Repair queued
Revised Petition Regulations Final 09272016.pdf	Supplementary Document	Uploaded 2019-05-19	Repair queued
ESA 16 USC 1531 et seq as of 01032022.pdf	Supplementary Document	Uploaded 2023-04-28	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
236132	Petitioner – Notify States (State & Tribal Governments)	Instruction	Modified
236131	Petitioner – Prepare and Submit Petitions (State & Tribal Governments)	Instruction	Modified
221104	Petitioner – Notify States (Private Sector)	Instruction	Modified
221103	Petitioner – Notify States (Individuals)	Instruction	Modified
221102	Petitioner – Prepare and Submit Petitions (Private Sector)	Instruction	Modified
221101	Petitioner – Prepare and Submit Petitions (Individuals)	Instruction	Modified

ICR Details

OMB Control No: 1018-0165	ICR Reference No: 202304-1018-004
Status: Active	Previous ICR Reference No: 201905-1018-004
Agency/Subagency: DOI/FWS	Agency Tracking No:
Title: Revisions to the Regulations for Petitions, 50 CFR 424.14
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/13/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/16/2023
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2027	36 Months From Approved	12/31/2024
Responses	17	0	154
Time Burden (Hours)	1,683	0	1,820
Cost Burden (Dollars)	280	0	280

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Abstract: 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 finalizing 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 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 are revising 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 will also maximize the efficiency with which the Services process petitions, making the best use of available resources. These changes will improve the quality of petitions through expanded content requirements and guidelines, and, in so doing, better focus the Services’ energies on petitions that merit further analysis.

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Authorizing Statute(s): US Code: 16 USC 1531 et seq Name of Law: Endangered Species Act of 1973 as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 8451	02/09/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 31270	05/16/2023
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 6

table that charts list of burden

IC Title	Form No.	Form Name
Petitioner – Notify States (Individuals)
Petitioner – Notify States (Private Sector)
Petitioner – Notify States (State & Tribal Governments)
Petitioner – Prepare and Submit Petitions (Individuals)
Petitioner – Prepare and Submit Petitions (Private Sector)
Petitioner – Prepare and Submit Petitions (State & Tribal Governments)

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	17	154	0	-137	0	0
Annual Time Burden (Hours)	1,683	1,820	0	-137	0	0
Annual Cost Burden (Dollars)	280	280	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: We are reporting a discretionary program change of (-137) annual responses and (-137) annual burden hours associated with the court of appeals invalidated the regulatory requirement for a petitioner to provide notice of their intention to file a petition to the responsible State agency. Because this regulatory requirement is still contained in our regulations at 50 CFR 424(b), we reporting a placeholder of 1 annual response/1 annual burden hour per category with this submission.

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Annual Cost to Federal Government: $12,057

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 05/16/2023

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