40996 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Proposed Rules

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[List as necessary] the left side of the screen, under the the evaluation of the accuracy of the (End of clause) Document Type heading, check the current taxonomic interpretation. [FR Doc. 2021–15881 Filed 7–29–21; 8:45 am] Proposed Rule box to locate this Please include sufficient information BILLING CODE 6820–EP–P document. You may submit a comment with your submission (such as scientific by clicking on ‘‘Comment.’’ journal articles or other publications) to (2) By hard copy: Submit by U.S. mail allow us to verify any scientific or to: Public Comments Processing, Attn: DEPARTMENT OF THE INTERIOR commercial information you include. FWS–R4–ES–2020–0125, U.S. Fish and Please note that submissions merely Fish and Wildlife Service Wildlife Service, MS: PRB/3W, 5275 stating support for, or opposition to, the Leesburg Pike, Falls Church, VA 22041– action under consideration without 50 CFR Part 17 3803. providing supporting information, We request that you send comments although noted, will not be considered [Docket No. FWS–R4–ES–2020–0125; only by the methods described above. in making a determination, as section FF09E22000 FXES11130900000 212] We will post all comments on http:// 4(b)(1)(A) of the Act directs that RIN 1018–BE41 www.regulations.gov. This generally determinations as to whether any means that we will post any personal is an endangered or a threatened Endangered and Threatened Wildlife information you provide us (see species must be made ‘‘solely on the and ; Removing Information Requested, below, for more basis of the best scientific and vivesii From the Federal List of information). commercial data available.’’ Endangered and Threatened Plants Availability of supporting materials: You may submit your comments and This proposed rule and supporting materials concerning this proposed rule AGENCY: Fish and Wildlife Service, documents, including the 5-year review, by one of the methods listed in Interior. are available at https://www.fws.gov/ ADDRESSES. We request that you send ACTION: Proposed rule. southeast/caribbean/ and http:// comments only by the methods www.regulations.gov under Docket No. ADDRESSES SUMMARY: We, the U.S. Fish and described in . Wildlife Service (Service), propose to FWS–R4–ES–2020–0125. If you submit information via http:// remove the Adiantum vivesii (no FOR FURTHER INFORMATION CONTACT: www.regulations.gov, your entire common name) from the Federal List of Edwin Mun˜ iz, Field Supervisor, submission—including any personal Endangered and Threatened Plants Caribbean Ecological Services Field identifying information—will be posted (List). Our review of the best available Office, P.O. Box 491, Boquero´n, PR on the website. If your submission is scientific and commercial data, 00622; telephone 787–851–7297. made via a hardcopy that includes including peer reviewer comments Persons who use a telecommunications personal identifying information, you received on the 5-year status review device for the deaf (TDD) may call the may request at the top of your document (2008), indicate that A. vivesii is not a Federal Relay Service at 800–877–8339. that we withhold this information from distinct species, but rather a sterile SUPPLEMENTARY INFORMATION: public review. However, we cannot guarantee that we will be able to do so. hybrid that does not have the capacity Information Requested to establish a lineage that could be lost We will post all hardcopy submissions to extinction. Therefore, A. vivesii is not We intend that any final action on http://www.regulations.gov. Comments and materials we receive, a listable entity under the Endangered resulting from this proposed rule will be as well as supporting documentation we Species Act of 1973, as amended (Act). based on the best scientific and commercial data available and be as used in preparing this proposed rule, DATES: We will accept comments accurate and as effective as possible. will be available for public inspection received or postmarked on or before Therefore, we request comments or on http://www.regulations.gov. September 28, 2021. Comments information from other concerned Because we will consider all submitted electronically using the governmental agencies, the scientific substantial comments and information Federal eRulemaking Portal (see community, industry, or any other received during the comment period, ADDRESSES, below) must be received by interested parties concerning this our final determinations may differ from 11:59 p.m. Eastern Time on the closing proposed rule. this proposal. Based on the new date. We must receive requests for a We particularly seek comments information we receive (and any public hearing, in writing, at the address concerning: comments on that new information), we shown in FOR FURTHER INFORMATION (1) Reasons we should or should not may conclude that the species is a valid CONTACT by September 13, 2021. remove A. vivesii from the List of listable entity and should remained ADDRESSES: You may submit comments Endangered and Threatened Plants. listed as endangered, or be reclassified by one of the following methods: (2) The location and characteristics of from endangered to threatened. (1) Electronically: Go to the Federal any additional populations not eRulemaking Portal: http:// considered in previous work that might Public Hearing www.regulations.gov. In the Search box, have bearing on the current taxonomic Section 4(b)(5) of the Act provides for enter FWS–R4–ES–2020–0125, which is interpretation. a public hearing on this proposal, if the docket number for this rulemaking. (3) Additional information concerning requested. Requests must be received by Then, click on the Search button. On the range, distribution, and population the date specified in DATES. Such resulting page, in the Search panel on sizes, particularly if it would assist in requests must be sent to the address

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shown in FOR FURTHER INFORMATION review at 82 FR 29916, June 30, 2017). degrees Centigrade (64.4 and 75.2 CONTACT. We will schedule a public Both 5-year reviews recommended degrees Fahrenheit) (Ewel and hearing on this proposal, if requested, delisting due to the entity not meeting Whitmore 1973, p. 20). A. vivesii occurs and announce the date, time, and place the Act’s definition of a species. in a deeply shaded hollow at the base of the hearing, as well as how to obtain of a limestone hill in Quebradillas Background reasonable accommodations, in the (USFWS 1995, p. 7). Federal Register and local newspapers Entity Description When the species was listed in 1993, it was known from only one population at least 15 days before the hearing. For A. vivesii is found growing in colonies on a privately owned limestone hill in the immediate future, we will provide (clusters) where the (rootstock Quebradillas. That population was these public hearings using webinars or underground stem) spreads estimated at 1,000 plants or growing that will be announced on the Service’s horizontally. The fronds (leaves) are website, in addition to the Federal apices by Proctor (1991, p. 5). The distichous (arranged in one plane) and Register. The use of these virtual public population was later documented at the erect-spreading with broad and irregular hearings is consistent with our same location occurring in an area of 21 lance-oblong blades. The blades have regulations 50 CFR 424.16(c)(3). meters (m) by 10 m (68.9 feet (ft) by 32.8 two or three alternate or occasionally ft) by Sepu´ lveda-Orengo (2000, p. 21). In Peer Review subopposite pinnae (segment of leaf), the vicinity of this area, eight other In accordance with our policy, with a larger terminal pinna. The species of the genus Adiantum were ‘‘Notice of Interagency Cooperative terminal pinnae are stalked often found (A. cristatum, A. fragile, A. Policy for Peer Review in Endangered somewhat inequilateral with latifolium, A. melanoleucum, A. Species Act Activities,’’ which was approximately 10 to 13 pairs of pulverulentum, A. tenerum, A. published on July 1, 1994 (59 FR alternate, narrowly oblong-falcate tetraphyllum, and A. wilsonii). The 34270), and our August 22, 2016, pinnules (smaller segments of a leaf), A. tetraphyllum was growing intermixed Director’s Memorandum ‘‘Peer Review shaped unequally cuneate at the base. within the area occupied by A. vivesii Process,’’ we will seek the expert The irregularly-branched stalks are (Sepu´ lveda-Orengo 2000, p. 22). opinion of at least three appropriate and lustrous purple-black with hairlike Surveys conducted in 2017 at the type independent specialists regarding scales. The rachis (axis of a fern leaf) locality (the location where the scientific data and interpretations and costae (central vein of a leaf) are specimen was first identified) were contained in this proposed rule. We will more densely covered with hairlike unable to identify material that send copies of this proposed rule to the scales than the stipe. The outer sterile morphologically matched the original peer reviewers immediately following margins of the pinna are irregularly type specimen (despite similarities), nor publication in the Federal Register. We serrulate (serrated teeth), and the tissue any clonal stand of Adiantum material will ensure that the opinions of peer is dull green on both sides. Five elliptic as it had been described there in 1991 reviewers are objective and unbiased by to linear sori (sacks of ) are borne and 2000 (Possley et al. 2020, p. 6). following the guidelines set forth in the along the basal half of the acroscopic These results suggest that A. vivesii is Director’s Memo, which updates and (facing the apex) margin. The sori are extirpated from the only known clarifies Service policy on peer review also close or contiguous, but remain location. (U.S. Fish and Wildlife Service 2016). distinct, and the indusium flap (tissue The purpose of such review is to ensure covering the sori) is gray-brown and that our decisions are based on turgid, with an erose (irregular) margin A. vivesii was believed to be a fern of scientifically sound data, assumptions, (Proctor 1989, p. 140; USFWS 1995, pp. the family . It was described and analysis. Accordingly, our final 1–2). by Dr. George R. Proctor in 1985, from specimens collected by Miguel Vives decision may differ from this proposal. Distribution and Habitat and William Estremera at San Antonio Previous Federal Actions A. vivesii is found in the limestone or Ward in the municipality of A. vivesii was recommended for karst region of northwestern Puerto Quebradillas, Puerto Rico (Proctor 1989, Federal listing in an interagency Rico. This region is underlain by p. 140). Non-genetic research on A. workshop held to discuss candidate limestone rocks of the Oligocene or vivesii after it was described as a species plants in September 1988. The species Miocene age. Topography varies suggested this fern is actually a single was subsequently included as a throughout the karst region, from sterile hybrid plant, rather than a ‘‘category 1’’ species (species for which extremely rugged to gentle rolling hills. population of individuals of a species the Service has substantial information Canyons, sinkholes, and subterranean (Sepu´ lveda-Orengo 2000, entire). supporting the appropriateness of rivers, as well as these rolling hills, are Excavations at different points proposing to list them as endangered or the most common features of the region. throughout the entire ‘‘population’’ of threatened) in our February 21, 1990, Soils in the limestone hills are shallow, A. vivesii found rhizome, or notice of review (55 FR 6184). We listed well-drained, alkaline, and interspersed underground stem, connections between A. vivesii as endangered under the Act between limestone outcrops (Lugo et al. most of the apparent individual on June 9, 1993 (58 FR 32308). We 2001, pp. 13–26; USFWS 1995, pp. 6– (Sepu´ lveda-Orengo 2000, p. 21). assigned the species a recovery priority 7). A. vivesii occurs within the semi- Plantings of two 10-centimeter (4-inch) number of 5, which reflected a high evergreen seasonal forests of the rhizome segments (planted in pots using degree of threat and low recovery subtropical moist forest life zone (Ewel the same soil from the colony location) potential. We did not designate critical and Whitmore 1973, p. 20). This life of A. vivesii grew into healthy plants habitat for A. vivesii. zone, which covers 58 percent of the within about 3 months (Sepu´ lveda- We completed two 5-year reviews for total area of Puerto Rico and the U.S. Orengo 2000, p. 21). Production of A. vivesii, the first on June 10, 2008 (see Virgin Islands, is delineated by a mean sporangia (structures from which the the announcement initiating the review annual rainfall of between 1,000 to reproductive arise) was at 70 FR 53807, September 12, 2005), 1,100 mm (40 to 44 in) and about 2,000 observed throughout the year, but actual and the second on September 25, 2018 to 2,200 mm (80 to 88 in) and a mean gametophytes (structures containing (see the announcement initiating the temperature between about 18 and 24 sperm and eggs, or gametes) were not

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observed. The lack of gamete production year, but signs of as for this entity (Riibe 2020, pers. comm.; but growth of fronds from rhizome gametophytes or small plants were not Sessa 2020, pers. comm). Based upon segments suggests that the A. vivesii observed. The plant instead reproduces expert input, here we are considering a ‘‘population’’ consists of only one vegetatively (asexually), and the entire species to be a distinct unit with a individual with rhizome proliferations colony seems to be the result of natural evolutionary trajectory, meaning (below-ground stems). vegetative reproduction via that it has the ability to establish a A morphometric analysis of A. vivesii from a single, sterile individual lineage that could be lost to extinction and the co-occurring species, A. (Sepu´ lveda-Orengo 2000, pp. 26–31). (NRC 1995, p. 54; Riibe 2020, pers. tetraphyllum, was conducted on 21 More recently, the Fairchild Tropical comm.; Sessa 2020, pers. comm.). In the vegetative characters and one Botanical Garden (Fairchild) has been case of A. vivesii, it was determined to character (Sepu´ lveda-Orengo 2000, p. collaborating with the Service on the be a sterile hybrid by Sepulveda-Orengo 22). In conjunction with the assessment of endangered ferns (2000, entire), indicating that A. vivesii morphometric analysis, the following including A. vivesii (Possley and Lange, is unable to sexually reproduce and is studies of A. vivesii and A. tetraphyllum 2016 and 2017, p. 4; Possley et al. 2020, unlikely to perpetuate into the future. were conducted: Chromosome counts; pp. 5–11). In 2017, fieldwork was This research also demonstrated that the light microscopy observations of fresh conducted to assess the colony of A. only known population was comprised or dried pinnules, sori, and sporangia; vivesii and collect material for genetic of clonal individuals resulting from and scanning electron microscopy analyses. Fairchild engaged Dr. Emily rhizome proliferations, some of which (SEM) of rhizomes, fertile pinnules, and Sessa from the University of Florida eventually fragmented. Despite the spores. The morphometric analysis (UF) to assist on a genetic study to extensive botanical research and showed significant differences between validate whether A. vivesii is a hybrid inventories in Puerto Rico by the late A. vivesii and A. tetraphyllum for 16 of as indicated by Sepu´ lveda-Orengo Dr. George Proctor (former authority on the vegetative characters as well as (2000, p. 29). ferns across the Caribbean) and other spore size, revealing that A. vivesii is Leaf material for DNA extraction was experts, A. vivesii remains only known morphologically different. Based on the collected in the field in Puerto Rico in from the type locality. Additionally, results, the morphological features that February 2017, and from herbarium during the latest field surveys at the best distinguish A. vivesii from A. specimens, including the isotype type locality (2017), the Fairchild team tetraphyllum are the number of lateral (duplicate or very similar type was unable to locate material that pinnae and the number of pinnules on specimen) for A. vivesii. A total of 27 morphologically matched the type each lateral pinna, which are fewer in specimens were sampled: 5 identified as specimen (despite similarities), nor any A. vivesii. Although there are A. latifolium, 2 as A. obliquum, 3 as A. clonal stand of Adiantum material as morphological differences, chromosome petiolatum, 4 as A. pyramidale, 5 as A. described by Proctor and Sepulveda- tetraphyllum, 4 as A. vivesii, and 4 number in each taxon appears to be Orengo (Possley et al. 2020, p. 6). The unidentified Adiantum individuals similar (Sepu´ lveda-Orengo 2000, p. 23), team collected a variety of morphotypes indicating A. vivesii is not a polyploid (Possley et al. 2020, p. 6). The analysis found that five samples, from the type locality for genetic (possesses more than two sets of sequencing at the University of Florida; chromosomes), a common cause of including the A. vivesii isotype, had sequence variants that fell in different however, none of the material was a sterility in plants. genetic match to A. vivesii. These results Based on spore observations in the groups, which indicate their hybrid suggest that A. vivesii is extirpated from light microscopy and SEM studies, A. origin (Possley et al. 2020, p. 10). The the only known location. Recent vivesii appears to be a sterile hybrid genetic sequencing further indicates that research has confirmed that A. vivesii is (Sepu´ lveda-Orengo 2000, p. 31). The A. vivesii is of hybrid origin with A. greater variation in spore size in A. petiolatum as one parent and the other a sterile hybrid that does not have the vivesii observed in these studies was parent likely being A. tetraphyllum capacity to establish a lineage that could mainly produced by spore abortion. (Possley et al. 2020, p. 10). be lost to extinction; consequently, we These observations of sori containing The Act and supporting regulations have determined that it does not qualify abortive sporangia and spores suggested define a species as any species or as a listable entity under the Act. A. vivesii is indeed a hybrid (Sepu´ lveda- subspecies of fish, wildlife, or plant, Determination of Adiantum vivesii’s Orengo 2000, p. 29). Further, the forms and any distinct population segment of Status of the spores of A. vivesii are different any vertebrate species that interbreeds from A. tetraphyllum because of the when mature, but do not further define Section 4 of the Act (16 U.S.C. 1533) collapse of the exospore (outer layer of the terms ‘‘species’’ or ‘‘subspecies’’ and its implementing regulations (50 the spore membrane) that is associated used in this definition. Rather, per 50 CFR part 424) set forth the procedures with the absence of the protoplast (plant CFR 424.11(a), the Service shall rely on for adding species to, removing species cell with no cell wall). Mature spores of standard taxonomic distinctions and the from, or reclassifying species on the A. vivesii are more compactly biological expertise of the agency and Lists. Our regulations (50 CFR 424.11(e)) constructed than those of A. the scientific community in determining state that the Secretary shall delist a tetraphyllum, with the sporangia whether a particular taxon or species if the Secretary finds that, after appearing as more or less globular population is a species for the purposes conducting a status review based on the objects tightly grouped together, which of the Act. The standard biological best scientific and commercial data is consistent with the sorus (spore definition of a ‘‘species’’ is a group of available: producing structure) of a hybrid organisms that are capable of (1) The species is extinct; (Sepu´ lveda-Orengo 2000, p. 28). interbreeding when mature. The (2) The species does not meet the Based on the initial taxonomic application of this definition becomes definition of an endangered species or a analysis discussed above, A. vivesii does more complicated with plant species, as threatened species. In making such a not appear to be a distinct species many can exhibit asexual reproduction determination, we consider the same (Sepu´ lveda-Orengo 2000, entire). This (NRC 1995, p. 50). For this reason, we five factors and apply the same analysis showed that sporangia and consulted with experts to assist in standards set forth as for listing and spores were produced throughout the determining the appropriate treatment reclassification; or

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(3) The listed entity does not meet the In making our determination whether (4) Be divided into short sections and statutory definition of a species. we recognize A. vivesii as a listable sentences; and Under section 3 of the Act and our entity, we considered all available data (5) Use lists and tables wherever implementing regulations at 50 CFR that may inform the taxonomy of A. possible. 424.02, a ‘‘species’’ includes any vivesii, such as ecology, morphology, If you feel that we have not met these subspecies of fish or wildlife or plants, and genetics, as well as expert opinion requirements, send us comments by one and any distinct population segment of (Riibe 2020, pers. comm.; Sessa 2020, of the methods listed in ADDRESSES. To any species of vertebrate fish or wildlife pers. comm). Here, we considered the better help us revise the rule, your which interbreeds when mature. As ability of an entity to establish a lineage comments should be as specific as such, a species under the Act may that could be lost to extinction in our possible. For example, you should tell include any taxonomically defined determination of whether the species us the numbers of the sections or species of fish, wildlife, or plant; any constituted a listable entity. paragraphs that are unclearly written, taxonomically defined subspecies of After a review of all information which sections or sentences are too fish, wildlife, or plant; or any distinct available, we propose to remove A. long, the sections where you feel lists or population segment of any vertebrate vivesii from the List of Endangered and tables would be useful, etc. species as determined by us per our Threatened Plants at 50 CFR 17.12. National Environmental Policy Act (42 Policy Regarding the Recognition of Since the time of listing, additional U.S.C. 4321 et seq.) District Vertebrate Population Segments studies have shown that A. vivesii is not Under the Endangered Species Act (61 a distinct species, but rather consists of We have determined that FR 4722; February 7, 1996). a sterile hybrid with rhizome environmental assessments and Our implementing regulations proliferations that lacks the ability to environmental impact statements, as provide further guidance on establish a lineage that could be lost to defined under the authority of the determining whether a particular taxon extinction. As a result, we have National Environmental Policy Act or population is a species or subspecies determined that the entity is not a (NEPA; 42 U.S.C. 4321 et seq.), need not for the purposes of the Act; under 50 listable entity under the Act. be prepared in connection with CFR 424.11(a), the Service shall rely on determining a species’ listing status standard taxonomic distinctions and the Determination of Status under the Act. We published a notice biological expertise of the agency and Our review of the best available outlining our reasons for this the scientific community in determining scientific and commercial information determination in the Federal Register whether a particular taxon or available indicates that A. vivesii is not on October 25, 1983 (48 FR 49244). population is a species for the purposes a valid taxonomic entity and, therefore, Government-to-Government of the Act. For each species, section does not meet the definition of a species Relationship With Tribes 4(b)(1)(A) of the Act mandates that we under the Act. Accordingly, we propose In accordance with the President’s use the best scientific and commercial to remove A. vivesii from the List of memorandum of April 29, 1994 data available for each individual Endangered and Threatened Plants per (Government-to-Government Relations species under consideration. Given the 50 CFR 424.11(e)(3). wide range of taxa and the multitude of with Native American Tribal situations and types of data that apply Effects of This Rule Governments; 59 FR 22951), Executive to species under review, the application This proposed rule, if made final, Order 13175 (Consultation and of a single set of criteria that would be would revise 50 CFR 17.12(h) by Coordination with Indian Tribal applicable to all taxa is not practical or removing A. vivesii from the Federal Governments), and the Department of useful. In addition, because of the wide List of Endangered and Threatened the Interior’s manual at 512 DM 2, we variation in kinds of available data for Plants. The prohibitions and readily acknowledge our responsibility a given circumstance, we do not assign conservation measures provided by the to communicate meaningfully with a priority or weight to any particular Act, particularly through sections 7 and recognized Federal Tribes on a type of data, but must consider it in the 9, would no longer apply to A. vivesii. government-to-government basis. In context of all the available data for a Federal agencies would no longer be accordance with Secretarial Order 3206 given species. required to consult with the Service of June 5, 1997 (American Indian Tribal To determine what constitutes a under section 7 of the Act in the event Rights, Federal-Tribal Trust listable entity under the Act, we that activities they authorize, fund, or Responsibilities, and the Endangered evaluate and consider all available types carry out may affect A. vivesii. There is Species Act), we readily acknowledge of data, which may or may not include no critical habitat designated for A. our responsibilities to work directly genetic information, to determine vivesii, so there would be no effect to 50 with Tribes in developing programs for whether a taxon is a distinguishable CFR 17.96. healthy ecosystems, to acknowledge that species or subspecies. As a matter of Tribal lands are not subject to the same practice, and in accordance with our Required Determinations controls as Federal public lands, to regulations, in deciding which Clarity of the Rule remain sensitive to Indian culture, and alternative taxonomic interpretations to to make information available to Tribes. recognize, the Service rely on the We are required by Executive Orders We have determined that there are no professional judgment available within 12866 and 12988 and by the Tribal lands that may be affected by this the Service and the scientific Presidential Memorandum of June 1, proposal. community to evaluate the most recent 1998, to write all rules in plain taxonomic studies and other relevant language. This means that each rule we References Cited information available for the subject publish must: A complete list of references cited in species. Therefore, we continue to make (1) Be logically organized; this rulemaking is available on the listing decisions based solely on the best (2) Use the active voice to address internet at http://www.regulations.gov scientific and commercial data available readers directly; and upon request from the Caribbean for each species under consideration on (3) Use clear language rather than Ecological Services Field Office (see FOR a case-by-case basis. jargon; FURTHER INFORMATION CONTACT).

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Authors population segments (DPSs) of the lesser Background The primary authors of this proposed prairie-chicken (Tympanuchus On June 1, 2021, we published a rule are the staff members of the Fish pallidicinctus), a grassland bird known proposed rule (86 FR 29432) to list the and Wildlife Service’s Species from southeastern Colorado, western Southern DPS of the lesser prairie- Assessment Team and the Caribbean Kansas, eastern New Mexico, western chicken as endangered and the Northern Ecological Services Field Office. Oklahoma, and the Texas Panhandle DPS of the lesser prairie-chicken as under the Endangered Species Act of threatened with a rule issued under List of Subjects in 50 CFR Part 17 1973, as amended (Act). We are section 4(d) of the Act. The proposed Endangered and threatened species, extending the proposed rule’s comment rule opened a 60-day comment period, Exports, Imports, Reporting and period for 30 days to give all interested ending August 2, 2021, and announced recordkeeping requirements, parties an additional opportunity to public hearings on July 8 and 14, 2021. Transportation. comment on the proposed rule. On June 11, 2021, we received a request Comments previously submitted need Proposed Regulation Promulgation to extend the public comment period. not be resubmitted as they are already With this document, we extend the Accordingly, we propose to amend incorporated into the public record and public comment period for an part 17, subchapter B of chapter I, title will be fully considered in the final rule. additional 30 days, as specified above in 50 of the Code of Federal Regulations, DATES: The comment period on the DATES. as set forth below: proposed rule that published June 1, Public Comments 2021, at 86 FR 29432, is extended. We PART 17—ENDANGERED AND will accept comments received or We will accept written comments and THREATENED WILDLIFE AND PLANTS postmarked on or before September 1, information during the extended ■ 2021. comment period on our proposed rule to 1. The authority citation for part 17 list the Southern and Northern DPSs of continues to read as follows: ADDRESSES: Comment submission: You the lesser prairie-chicken. We will Authority: 16 U.S.C. 1361–1407; 1531– may submit comments by one of the consider information and 1544; and 4201–4245, unless otherwise following methods: recommendations from all interested noted. (1) Electronically: Go to the Federal parties. We intend that any final action § 17.12 [Amended] eRulemaking Portal: http:// resulting from the proposal will be based on the best scientific and ■ 2. In § 17.12(h) amend the table by www.regulations.gov. In the Search box, commercial data available and will be as removing the entry for ‘‘Adiantum enter the docket number or RIN for this accurate and as effective as possible. vivesii’’ under ‘‘FERNS AND ALLIES’’ rulemaking (presented above in the Our final determination will take into from the List of Endangered and document headings). For best results, do consideration all comments and any Threatened Plants. not copy and paste either number; instead, type the docket number or RIN additional information we receive Martha Williams, into the Search box using hyphens. during the open comment period on the Principal Deputy Director, Exercising the Then, click on the Search button. On the proposed rule. Delegated Authority of the Director, U.S. Fish resulting page, in the panel on the left Because we will consider all and Wildlife Service. side of the screen, under the Document comments and information we receive [FR Doc. 2021–16248 Filed 7–29–21; 8:45 am] Type heading, check the Proposed Rule during the open comment period, our BILLING CODE 4333–15–P box to locate the document. You may final determinations may differ from our submit a comment by clicking on June 1, 2021, proposed rule (86 FR ‘‘Comment.’’ 29432). Based on the new information DEPARTMENT OF THE INTERIOR we receive (and any comments on that (2) By hard copy: Submit by U.S. mail new information), we may conclude that Fish and Wildlife Service to: Public Comments Processing, Attn: the Southern DPS is threatened instead FWS–R2–ES–2021–0015, U.S. Fish and of endangered, or that the Northern DPS 50 CFR Part 17 Wildlife Service, MS: PRB/3W, 5275 is endangered instead of threatened, or Leesburg Pike, Falls Church, VA 22041– we may conclude that either DPS does [Docket No. FWS–R2–ES–2021–0015; 3803. FF09E21000 FXES11110900000 212] not warrant listing as either an We request that you send comments endangered species or a threatened RIN 1018–BB27 only by the methods described above. species. In addition, we may change the We will post all comments on http:// parameters of the prohibitions or the Endangered and Threatened Wildlife www.regulations.gov. This generally and Plants; Lesser Prairie-Chicken; exceptions to those prohibitions in the means that we will post any personal proposed rule issued under section 4(d) Threatened Status With Section 4(d) information you provide us (see Public Rule for the Northern Distinct of the Act (i.e., the ‘‘proposed 4(d) rule’’) Comments, below, for more for the Northern DPS if we conclude it Population Segment and Endangered information). Status for the Southern Distinct is appropriate in light of comments and new information received. For example, Population Segment FOR FURTHER INFORMATION CONTACT: we may expand the prohibitions in the Debra Bills, Field Supervisor, Arlington AGENCY: proposed 4(d) rule for the Northern DPS Fish and Wildlife Service, Ecological Services Field Office, 2005 to include prohibiting additional Interior. NE Green Oaks Blvd. Suite 140, activities if we conclude that those ACTION: Proposed rule; extension of Arlington, TX 76006; telephone 817– additional activities are not compatible comment period. 277–1129. Persons who use a with conservation of the species. telecommunications device for the deaf SUMMARY: We, the U.S. Fish and Conversely, we may establish additional (TDD) may call the Federal Relay Wildlife Service (Service), are extending exceptions to the prohibitions in the Service at 800–877–8339. the comment period on our June 1, final rule if we conclude that the 2021, proposed rule to list two distinct SUPPLEMENTARY INFORMATION: activities would facilitate or are

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