U.S. Agency for International Development Acquisition Regulation (AIDAR): Revised and Expanded Fringe Benefits for U.S. Personal Services Contracts With Individuals

CourtAgency For International Development
Citation87 FR 2104
Record Number2021-27944
Publication Date13 January 2022
2104
Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Proposed Rules
Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
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jurisdiction. In those areas of Indian
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implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
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List of Subjects in 40 CFR Part 52
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Authority: 42 U.S.C. 7401 et seq.
Dated: December 29, 2021.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022–00027 Filed 1–12–22; 8:45 am]
BILLING CODE 6560–50–P
AGENCY FOR INTERNATIONAL
DEVELOPMENT
48 CFR Chapter 7
RIN 0412–AA98
U.S. Agency for International
Development Acquisition Regulation
(AIDAR): Revised and Expanded
Fringe Benefits for U.S. Personal
Services Contracts With Individuals
AGENCY
: U.S. Agency for International
Development.
ACTION
: Proposed rule.
SUMMARY
: The U.S. Agency for
International Development (USAID)
seeks public comment on a proposed
rule to revise AIDAR in order to expand
fringe benefits for personal services
contracts with individuals who are U.S.
nationals (USPSCs). Specifically, this
rulemaking will provide a paid parental
leave benefit comparable to what is
available to USAID’s U.S. direct-hire
employees and provide a relocation
expense reimbursement similar to the
benefit provided to USAID’s direct-hire
Foreign Service Officer (FSO)
employees.
DATES
: Comments must be received no
later than March 14, 2022.
ADDRESSES
: Address all comments
concerning this proposed rule,
identified by title of the action and
Regulatory Information Number (RIN),
through the Federal eRulemaking Portal
at http://www.regulations.gov by
following the instructions for submitting
comments.
FOR FURTHER INFORMATION CONTACT
:
Richard E. Spencer, Procurement
Analyst, by phone at 202–916–2629 or
via email at policymailbox@usaid.gov
for clarification of content or
information pertaining to status or
publication schedules. Communications
regarding this rule must cite the rule
title and its Regulatory Information
Number (RIN).
SUPPLEMENTARY INFORMATION
:
I. Submission Instructions
Comments on this proposed rule must
be in writing and submitted by the
method specified in the
ADDRESSES
section above. Comment submissions
must include the title and RIN of this
proposed rule. Please include your
name, title, organization, postal address,
telephone number, and email address in
the text of the message.
All comments will be made available
for public review at https://
www.regulations.gov without changes,
including the identifying information of
the commenter, if provided. We
recommend that commenters do not
submit information that is considered
confidential business information (CBI)
or any information that is otherwise
protected from disclosure by statute.
USAID will only address substantive
comments on the rule that are relevant
and within the scope of the proposed
rule.
II. Background
USAID relies heavily on the USPSC
mechanism to advance its foreign
assistance mission and mandate.
Approximately ten percent of USAID’s
total workforce is USPSCs, of which
about half perform under contracts
where the place of performance is a
USAID cooperating country abroad. The
PSC Association, an Agency employee
resource group representing USAID
USPSCs, raised concerns to USAID’s
leadership about the equity of fringe
benefits between U.S. direct-hire
employees (USDH) and USPSCs. As a
result, USAID has determined, as a
matter of policy, to revise the AIDAR to
provide the following changes as part of
the Agency’s standard USPSC fringe
benefits package.
A. Paid Parental Leave
On December 20, 2019, the President
signed the National Defense
Authorization Act (NDAA) for Fiscal
Year 2020, which includes the
provisions of the new Federal Employee
Paid Leave Act (FEPLA), making paid
parental leave available to certain
categories of Federal civilian employees.
(Pub. L. 116–92.) FEPLA amended the
Family and Medical Leave Act (FMLA)
provisions in Title 5, United States Code
(U.S.C.) to provide up to 12 weeks of
paid parental leave to covered Federal
employees in connection with the birth
or placement (for adoption or foster
care) of a child occurring on or after
October 1, 2020. Paid parental leave
granted in connection with a qualifying
birth or placement under FEPLA is
substituted for unpaid FMLA leave and
is available during the 12-month period
following the birth or placement. This
particular benefit does not apply to
contractors, including personal service
contractors, of Federal agencies.
The Department of State (DoS)
recently revised its policies in the
Foreign Affairs Manual (3 FAM 9116) to
authorize, as a matter of policy, paid
parental leave for its USPSCs based on
Title 1 of the Family Medical Leave Act
(28 U.S.C. 2601). In USAID’s meetings
with the PSC Association earlier this
year, Agency leadership indicated its
intention to pursue several
improvements to benefits for USPSCs,
including paid parental leave.
On October 1, 2021, the USAID
Administrator approved, as a matter of
Agency policy, the provision of a
similar paid parental leave benefit for
USAID USPSCs to serve as an indicator
of the Agency’s commitment to equity
for USPSCs. Eligible USPSCs may be
granted up to 12 workweeks (using the
term ‘‘workweek’’ as described in
appendix D, section 12, clause 4) of paid
parental leave in connection with the
birth of a child, or a new placement of
a child for adoption or foster care, for
which the USPSC assumes a parental
role. USAID’s paid parental leave
benefit for its USPSCs is based on (1)
the paid parental leave benefit provided
to certain categories of Federal civilian
employees under the FEPLA, and (2) the
paid parental leave benefit policy that
the Department of State (DoS) recently
approved for its American personal
service contractors.
B. Relocation Expense Benefit
In its discussions with the Agency,
the PSC Association raised a concern
that ‘‘USPSCs are not eligible for the
Foreign-Transfer Allowance (FTA) and
Home-Service Transfer Allowances
(HSTA) and yet incur the same costs as
Foreign Service Officers (FSOs) when
moving from one post of assignment to
another.’’ The PSC Association
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requested that the Agency ‘‘[allow] these
costs to be included in the Travel
Authorizations of USPSCs [who are]
moving between posts (or to/from
Washington) when their contracts are
consecutive.’’
In accordance with 5 U.S.C. 5924(2),
an employee assigned to a foreign area
may be granted a transfer allowance.
Using this authority, USAID grants FTA
and HSTA to its direct-hire employees
under its policies in Automated
Directives System (ADS) 477,
particularly FSOs, following
Department of State Standardized
Regulations (DSSR) 240 and 250
respectively, to offset expenses incurred
by the employee incident to establishing
oneself at any ‘‘post of assignment’’
abroad, or back in the U.S. for a new
assignment after returning from a post
abroad, subject to the employee
fulfilling a requirement for continued
service.
Based on the applicable definition of
‘‘employee’’ in 5 U.S.C. 5921(3), the
Agency determined that USPSCs are not
entitled to these allowances. The AIDAR
has never authorized a benefit
analogous to the FTA, HSTA, or any
similar allowance in DSSR for USPSCs,
because the Agency does not transfer a
USPSC to another Mission under a
directed assignment, unlike FSOs who
are subject to worldwide availability
and are thus required to move as a
condition of continued employment.
In October 2020, USAID’s Acting
Administrator exercised the Agency’s
policy discretion to authorize the
creation of a ‘‘relocation expense’’
benefit, as proposed by this rule, that
mirrors applicable elements of the FSO
transfer allowances. The proposed
relocation expense benefit addresses
two of the four portions of the FTA that
the Agency has adapted appropriately to
the PSC mechanism: (1) The
miscellaneous-expense portion; and, (2)
the pre-departure subsistence portion
(similar to Sections 242.1 and 242.3 of
the DSSR, respectively). The
miscellaneous expense is a flat amount,
calculated based on family size, to offset
common relocation expenses such as are
identified and estimated in the DSSR.
The subsistence portion offsets
temporary lodging costs incurred for up
to 10 days before travel to post, using
per-diem rates based on the U.S. locality
of the USPSCs legal place of residence.
There are two contexts in which
persons will be eligible for the two
portions of the USAID USPSC relocation
expense benefit: (1) An individual
located in the U.S. who enters into a
new contract for 12 consecutive months
or more of continuous service abroad
qualifies for both the miscellaneous and
pre-departure subsistence expense
portions (paragraphs (a) and (b) of the
proposed regulatory text); and (2) a
contractor currently performing services
abroad as a USAID USPSC who
undertakes a new, 12-month minimum
USPSC contract for continuous service
abroad at a different Mission
immediately following their current
contract qualifies only for the
miscellaneous expense portion
(paragraph (a)). The relocation benefit
will not be authorized for USPSCs who
are returning to the U.S. for a new
USPSC contract with USAID because
the Agency does not pay relocation
costs for any new position in the U.S.
under any of its staffing mechanisms.
The Agency determined that the
principal rationale for the relocation
benefit for USPSCs is equity between its
USDH employees and USPSCs. Thus,
the change in policy will provide
USPSCs with a relocation benefit that is
similar to that received by USAID’s
USDH to the practicable extent possible.
USAID’s provision of this benefit will
establish a precedent among other U.S.
Government departments and agencies
that also contract for personal services.
III. AIDAR Changes
A. Paid Parental Leave
This proposed rule will revise
appendix D, section 12, clause 5, ‘‘Leave
and Holidays,’’ specifically to update
the provision of family and medical
leave to allow for any prior federal
service to align with the provision of
paid parental leave, and to add a
separate new paragraph for the
provision of paid parental leave itself.
B. Relocation Expense Benefit
AIDAR appendix D contains the
Agency’s standard contract terms and
conditions for USAID’s USPSCs, and
this proposed rule amends section 12,
General Provisions, with a new clause to
provide the relocation expense fringe
benefit authorized for USPSCs abroad.
IV. Regulatory Considerations and
Determinations
A. Executive Orders 12866 and 13563
This proposed rule has been drafted
in accordance with Executive Orders
(E.O.s) 12866 and 13563, which direct
agencies to assess all costs and benefits
of available regulatory alternatives and,
if regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts,
and equality). E.O. 13563 emphasizes
the importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. USAID has reviewed the
regulation to ensure its consistency with
the regulatory philosophy and
principles set forth in E.O.s 12866 and
13563, and determined that addressing
the Agency’s workforce equity concerns
justifies the cost impacts of the changes
proposed by this rule. This is not a
significant regulatory action and,
therefore, was not subject to review
under section 6(b) of E.O. 12866,
Regulatory Planning and Review, dated
September 30, 1993.
B. Expected Cost Impact on the Public
As a regulatory matter, the cost of the
rule-making process to incorporate these
revisions into the regulation is also
justified. The AIDAR’s appendices
include all the compensation and
benefits available to personal services
contractors. Therefore, the Agency
needs these revisions to keep the
regulation consistent, complete, and
transparent to industry, other U.S.
Government agencies, and the general
public.
There are no costs to the public
associated with this rulemaking. The
Agency’s direct costs for each benefit
proposed by this revision is as follows:
1. Paid Parental Leave (PPL)
It is estimated that the average annual
incremental cost to the Agency to
provide the PPL benefit is $1.2 million
starting in Year 1. This estimated cost
assumes a base of 1,193 USPSCs and,
over a 10-year period, an average of 47
USPSCs will make use of the PPL
benefit each year. It further assumes
each of the 47 USPSCs will take full
advantage of 12 weeks of PPL paid leave
for an average approximate cost of
$25,600 per USPSC. The annual
increase in cost to the Agency of
providing the PPL benefit is 2.70% of
the previous year’s dollar cost. This
2.70% increase is a function of the
assumed annual growth in the number
of USPSCs and their salary and benefits.
2. Relocation Expense Benefit
The costs calculated for this benefit
are based on upper end estimates to
illustrate the potential impact of this
added fringe benefit. The estimated
average Year 1 cost to the Agency for the
proposed relocation benefit, based on
537 USPSCs performing abroad, is $1.29
million. The estimated average cost over
a five-year period is $6.45 million.
C. Regulatory Flexibility Act
The Director of the Office of
Acquisition and Assistance in USAID’s
Bureau for Management, acting as the
Head of the Agency for purposes of the
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Federal Acquisition Regulation (FAR),
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.
Consequently, the Agency has not
prepared a regulatory flexibility
analysis.
D. Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to OMB under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) is not required.
List of Subjects in 48 CFR Chapter 7
Appendix D
Government procurement.
For the reasons discussed in the
preamble, USAID proposes to amend 48
CFR chapter 7 as follows:
CHAPTER 7—AGENCY FOR
INTERNATIONAL DEVELOPMENT
1. The authority citation for 48 CFR
chapter 7, appendix D, continues to read
as follows:
Authority: Sec. 621, Pub. L. 87–195, 75
Stat. 445, (22 U.S.C. 2381) as amended; E.O.
12163, Sept. 29, 1979, 44 FR 56673; 3 CFR,
1979 Comp., p. 435.
2. Amend appendix D to chapter 7 as
follows:
a. In sections 10 and 11, add provision
number 30 to the list of General
Provisions in the contract formats;
b. In section 12, under the Index of
Clauses, add provision number 30;
c. In section 12, under General
Provision number 5:
i. In the first sentence of paragraph
(h), remove the word ‘‘under’’ and add
in its place the words ‘‘consistent with’’;
ii. Revise paragraph (i)(3);
iii. In the fourth sentence of paragraph
(i)(5), remove ‘‘CO’’ and add in its place
the words ‘‘contracting officer’’;
iv. Redesignate paragraph (j) as
paragraph (k); and
v. Add new paragraph (j); and
d. In section 12, add provision
number 30.
The revisions and additions read as
follows:
Appendix D to Chapter 7—Direct
USAID Contracts With a U.S. Citizen or
a U.S. Resident Alien for Personal
Services Abroad
* * * * *
10. Form USAID 1420–36, ‘‘Cover Page’’ and
‘‘Schedule’’
* * * * *
General Provisions:
* * * * *
30. Relocation Expense
* * * * *
11. Optional Schedule With a U.S. Citizen or
U.S. Resident Alien
* * * * *
General Provisions:
* * * * *
30. Relocation Expense
* * * * *
12. General Provisions for a Contract With a
U.S. Citizen or a U.S. Resident Alien for
Personal Services Abroad
* * * * *
Index of Clauses
* * * * *
30. Relocation Expense
* * * * *
5. Leave and Holidays (NOV 2020)
* * * * *
(i) * * *
(3) In accordance with 29 CFR 825.110, to
be eligible for family and medical leave, the
contractor must have—
(i) Been employed or under contract for at
least twelve (12) months with a U.S. federal
agency as a direct-hire or a personal services
contractor; and
(ii) Performed at least 1,250 hours of
service with a U.S. federal agency as a direct
hire or a personal services contractor during
the previous 12-month period immediately
preceding the commencement of family and
medical leave.
* * * * *
(j) Paid Parental Leave. (1) If the contractor
is eligible for family and medical leave in
accordance with paragraph (i) ‘‘Family and
Medical Leave’’ of this clause, then instead
of family and medical leave, the contractor
may be authorized to take paid parental leave
as specified in this paragraph, similar to that
provided to USAID direct-hire employees.
When authorized to do so by the contracting
officer, the contractor may elect to substitute
paid parental leave for up to twelve (12)
workweeks of family and medical leave, as
specified in paragraph (i) of this clause. The
contractor may take such paid parental leave
after the occurrence of the birth or placement
of a child which results in the contractor
assuming and continuing a parental role with
respect to the newly born or placed child in
accordance with the requirements of this
paragraph (j).
(2) Paid parental leave may be taken
intermittently or on a reduced leave
schedule, subject to the mutual agreement of
the contractor and their supervisor. Paid
parental leave must be used no later than the
end of the 12-month period beginning on the
date of the birth or placement involved. At
the end of that 12-month period, any unused
balance of paid parental leave expires and is
not available for future use. No payment will
be made for unused or expired paid parental
leave. Paid parental leave is not annual leave,
and thus will not be included in any lump-
sum payment for annual leave following
completion or termination of the contract.
(3) To establish eligibility for paid parental
leave, the contracting officer may require the
contractor to provide documentation of
entitlement and a signed certification.
Appropriate documentation of entitlement is
to show that the contractor’s use of paid
parental leave is directly connected with a
birth or placement that has occurred, such as
a birth certificate or a document from an
adoption or foster care agency regarding the
placement. By the signed certification, the
contractor is attesting that the paid parental
leave is being taken by the contractor in
connection with the documented birth or
placement, and that the contractor has a
continuing parental role with respect to the
newly born or placed child.
(4)(i) The contractor may not use any paid
parental leave unless the contractor agrees in
writing, before commencement of the leave,
to return immediately after completing paid
parental leave to continue performance under
this contract for at least 12 workweeks. This
12-workweek period of performance
obligation begins on the contractor’s first
scheduled workday after the contractor
concludes taking such leave, whether taken
consecutively or intermittently, regardless of
the amount of leave taken. The period of
performance obligation by the contractor is
fixed at 12 workweeks regardless of the
amount of leave used by the contractor.
(ii) Due to this 12-workweek mandatory
period of performance obligation, the
contracting officer will not authorize paid
parental leave for use by the contractor
within the last 12 workweeks before the
contract end date, including option periods
if any, regardless whether exercised. Within
the last 24 workweeks of the contract,
because of the mandatory 12-week period of
obligation, the contracting officer will only
authorize paid parental leave for any time
remaining before the contract end date
beyond the 12-week mandatory period of
performance. Any paid parental leave taken
by the contractor as well as the 12-week
period of performance obligation must be
completed by the contract end date,
including any option periods, regardless of
whether exercised.
(iii) If the contractor is eligible for paid
parental leave, but is physically or mentally
incapable of entering into the period of
performance obligation agreement before the
period of leave, such leave may be
temporarily authorized, or retroactively
invoked upon return to duty, subject to a
determination that, in the Agency’s
judgment, the contractor was incapable of
entering into such agreement in accordance
with the requirements of this paragraph at
the time of the commencement of the leave
entitlement.
(5)(i) If, during the period of paid parental
leave or of the required 12-workweek period
of performance obligation, the contractor
learns, or decides, they will not be able or
willing to complete the period of
performance obligation, the contractor must
notify their supervisor and contracting officer
of the situation as soon as possible. After
receiving such notice, the contracting officer
will coordinate with the supervisor to
determine whether reimbursement is
required in accordance with this paragraph.
(ii) If the contractor fails to return to work
for the required 12-week obligation, the
Agency will require reimbursement from the
contractor of an amount equal to the total
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amount of the Government contributions
paid by the Agency to or on behalf of the
contractor to maintain the contractor’s health
insurance coverage during the period of paid
parental leave.
(iii) The contracting officer may waive the
reimbursement requirement of this paragraph
if the contractor is unable to fulfill the
required 12-workweek obligation for any of
the following reasons:
(A) In the Agency’s judgment, the
contractor is unable to return to work
because of the continuation, recurrence, or
onset of a serious health condition (including
mental health) of the contractor or the newly
born or placed child—but only if the
condition is related to the applicable birth or
placement; or
(B) in the Agency’ judgment, the contractor
is unable to return to work due to
circumstances beyond the contractor’s
control that precludes performance under the
contract; or
(C) the contracting officer terminates the
contract for convenience in accordance with
the clause entitled ‘‘Termination’’, or does
not exercise any option period.
* * * * *
30. Relocation Expense Benefit
[Insert the following clause in contracts
with USPSCs based abroad except Resident
Hire USPSCs.]
Relocation Expense Benefit (DATE)
If the contractor’s period of performance
abroad is for twelve consecutive months or
more, USAID may provide a one-time
payment to assist the contractor with
extraordinary relocation expenses as follows:
(a) A contractor legally residing in, and
relocating from the U.S., its commonwealth,
possessions or territories to an overseas post;
or a personal services contractor relocating
immediately from a prior USAID overseas
post to the USAID overseas post under this
contract, may receive a miscellaneous
relocation expense payment of—
(1) $750 or the equivalent of one week’s
pay, whichever is the lesser amount, if the
contractor is unaccompanied; or
(2) $1,500 or the equivalent of two weeks’
pay, whichever is the lesser amount, if the
contractor is accompanied with eligible
family members.
(b) In addition, a contractor legally residing
in, and relocating from the U.S., its
commonwealth, possessions or territories to
the cooperating country pursuant to this
personal services contract may receive a pre-
departure subsistence expense
reimbursement for the contractor and each
eligible family member for up to 10 days
before final departure to the cooperating
country abroad, beginning not more than 30
days after the contractor has vacated their
residence, using the following partial flat rate
method:
(1) An actual lodging amount (excluding
lodging tax) up to the lodging portion of the
per diem of the U.S. locality of the
contractor’s legal place of residence, and a
flat amount equal to the meal and incidental
expense (M&IE) portion of the per diem
according to the formula below. In addition,
the contractor may be reimbursed separately
for taxes imposed on actual lodging
expenses, if any. Receipts are required only
for lodging.
(2) For the initial occupant, whether the
contractor or accompanying eligible family
member age 12 or over, a daily lodging
amount not in excess of the published
lodging portion of the per diem rate for the
U.S. locality at which the occupant normally
resides, and a flat amount equal to the meal
and incidental expense portion of the
referenced per diem rate to defray costs for
meals, laundry and dry cleaning.
(3) For each additional occupant, whether
the contractor or accompanying eligible
family member age 12 or over, a daily lodging
amount not in excess of 75% of the
published lodging portion of the per diem
rate for the U.S. locality at which the
occupant normally resides, and a flat amount
equal to 75% of the meal and incidental
expense portion of the referenced per diem
rate to defray costs for meals, laundry and
dry cleaning.
(4) For each accompanying eligible family
member occupant under age 12, a daily
lodging amount not in excess of 50% of the
published lodging portion of the per diem
rate for the U.S. locality at which the
occupant normally resides, and a flat amount
equal to 50% of the meal and incidental
expense portion of the referenced per diem
rate to defray costs for meals, laundry and
dry cleaning.
(5) A contractor and any accompanying
eligible family member relocating from a
place other than the U.S., its commonwealth,
possessions or territories to the cooperating
country, will not be eligible for the pre-
departure subsistence expense portion of the
relocation expenses.
(6) Expenses of local transportation are not
allowable.
(c) The contractor must obtain approval for
what is authorized in paragraphs (a) and (b)
of this clause in the Travel Authorization
(TA) issued by USAID to the contractor, in
accordance with the Travel and
Transportation Expenses clause. The
contractor must claim reimbursement under
the TA only after the contractor and all
accompanying eligible family members, if
any, have arrived in the cooperating country.
(d) If the contractor does not complete
twelve consecutive months in the
cooperating country, except for reasons
beyond the contractor’s control, the
contractor will be liable to reimburse USAID
for the amount of the relocation expense
benefit received.
Mark Walther,
Chief Acquisition Officer.
[FR Doc. 2021–27944 Filed 1–12–22; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2019–0029;
FF09E21000 FXES1111090FEDR 223]
RIN 1018–BD71
Endangered and Threatened Wildlife
and Plants; Withdrawal of the
Proposed Rules To List Graham’s
Beardtongue (Penstemon grahamii)
and White River Beardtongue
(Penstemon scariosus var. albifluvis)
as Threatened Species and To
Designate Critical Habitat
AGENCY
: Fish and Wildlife Service,
Interior.
ACTION
: Proposed rule; withdrawal.
SUMMARY
: We, the U.S. Fish and
Wildlife Service (Service), are
withdrawing our August 6, 2013,
proposed rules to list Graham’s
beardtongue (Penstemon grahamii) and
White River beardtongue (Penstemon
scariosus var. albifluvis) as threatened
species throughout their ranges and to
designate critical habitat for these two
plant species under the Endangered
Species Act of 1973, as amended (Act).
These withdrawals are based on our
conclusion that the stressors affecting
the species as identified in the proposed
listing rule are not as significant as
previously understood at the time of
publication of that proposed rule, such
that the species do not meet the Act’s
definition of an ‘‘endangered species’’ or
of a ‘‘threatened species.’’ Our
conclusion is informed by an updated
analysis of new and previous
information concerning current and
future stressors to the species and
conservation efforts for them.
DATES
: The U.S. Fish and Wildlife
Service is withdrawing proposed rules
published on August 6, 2013 (78 FR
47590 and 47832), as of January 13,
2022.
ADDRESSES
: Relevant documents used in
the preparation of this withdrawal are
available on the internet at https://
www.regulations.gov at Docket No.
FWS–R6–ES–2019–0029.
FOR FURTHER INFORMATION CONTACT
:
Yvette Converse, Field Supervisor, U.S.
Fish and Wildlife Service, Utah
Ecological Services Office, 2369 W
Orton Circle, Suite 50, West Valley City,
UT 84119; telephone 801–975–3330.
Persons who use a telecommunications
device for the deaf may call the Federal
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION
:
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