Federal Register/Vol. 86, No. 147/Wednesday, August 4, 2021
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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules 41917 Bureau at (202) 418–0530 (VOICE), (202) Community Channel No. (1) Electronically: Go to the Federal 418–0432 (TTY). eRulemaking Portal: http:// This document does not contain www.regulations.gov. In the Search box, information collection requirements ***** enter FWS–HQ–ES–2021–0043, which subject to the Paperwork Reduction Act is the docket number for this of 1995, Public Law 104–13. In addition, NEVADA rulemaking. Then, click on the Search therefore, it does not contain any button. On the resulting page, in the proposed information collection burden ***** Search panel on the left side of the ‘‘for small business concerns with fewer Henderson ............................ 24 screen, under the Document Type than 25 employees,’’ pursuant to the heading, check the Proposed Rule box to Small Business Paperwork Relief Act of ***** locate this document. You may submit 2002, Public Law 107–198, see 44 U.S.C. a comment by clicking on ‘‘Comment.’’ 3506(c)(4). Provisions of the Regulatory [FR Doc. 2021–16589 Filed 8–3–21; 8:45 am] (2) By hard copy: Submit by U.S. mail Flexibility Act of 1980, 5 U.S.C. 601– BILLING CODE 6712–01–P to: Public Comments Processing, Attn: 612, do not apply to this proceeding. FWS–HQ–ES–2021–0043, U.S. Fish and Members of the public should note Wildlife Service, MS: PRB/3W, 5275 that all ex parte contacts are prohibited DEPARTMENT OF THE INTERIOR Leesburg Pike, Falls Church, VA 22041– from the time a Notice of Proposed 3803. Rulemaking is issued to the time the Fish and Wildlife Service We request that you send comments matter is no longer subject to only by the methods described above. Commission consideration or court 50 CFR Part 17 We will post all comments on http:// review, see 47 CFR 1.1208. There are, [Docket No. FWS–HQ–ES–2021–0043; www.regulations.gov. This generally however, exceptions to this prohibition, FF09E21000 FXES11180900000 212] means that we will post any personal which can be found in Section 1.1204(a) information you provide us (see RIN 1018–BF35 of the Commission’s rules, 47 CFR Information Requested, below, for more 1.1204(a). information). Endangered and Threatened Wildlife Availability of supporting materials: See Sections 1.415 and 1.420 of the and Plants; Threatened Species Status Commission’s rules for information Supporting documentation used to With Section 4(d) Rule for Emperor prepare this proposed rule, including regarding the proper filing procedures Penguin for comments, 47 CFR 1.415 and 1.420. the species status assessment (SSA) AGENCY: Fish and Wildlife Service, report, is available on the internet at List of Subjects in 47 CFR Part 73 Interior. http://www.regulations.gov under Docket No. FWS–HQ–ES–2021–0043. Television. ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Federal Communications Commission. SUMMARY: We, the U.S. Fish and Elizabeth Maclin, Chief, Branch of Thomas Horan, Wildlife Service (Service), propose to Delisting and Foreign Species, Chief of Staff, Media Bureau. list the emperor penguin (Aptenodytes Ecological Services Program, U.S. Fish Proposed Rule forsteri), a flightless bird species from and Wildlife Service, MS: ES, 5275 Antarctica, as a threatened species Leesburg Pike, Falls Church, VA 22041– For the reasons discussed in the 3803 (telephone 703–358–2171). preamble, the Federal Communications under the Endangered Species Act of 1973, as amended (Act). This proposal Persons who use a telecommunications Commission proposes to amend 47 CFR device for the deaf may call the Federal part 73 as follows: also serves as our 12-month finding on a petition to list the emperor penguin. Relay Service at 800–877–8339. PART 73—RADIO BROADCAST After a review of the best available SUPPLEMENTARY INFORMATION: SERVICE scientific and commercial information, Executive Summary we find that listing the species is ■ 1. The authority citation for part 73 warranted. Accordingly, we propose to Why we need to publish a rule. Under continues to read as follows: list the emperor penguin as a threatened the Act, if we determine that a species species with a rule issued under section is an endangered or threatened species Authority: 47 U.S.C. 154, 155, 301, 303, throughout all or a significant portion of 307, 309, 310, 334, 336, 339. 4(d) of the Act (‘‘4(d) rule’’). If we finalize this rule as proposed, it would its range, we are required to promptly § 73.622 [Amended] add this species to the List of publish a proposal in the Federal ■ 2. In § 73.622 in paragraph (i), amend Endangered and Threatened Wildlife Register. We will make a determination the Post-Transition Table of DTV and extend the Act’s protections to the on our proposal within 1 year, unless Allotments under Nevada by revising species. we determine that there is substantial disagreement regarding the sufficiency the entry for Henderson to read as DATES: We will accept comments follows: and accuracy of the available data received or postmarked on or before relevant to the proposed listing, in § 73.622 Digital television table of October 4, 2021. Comments submitted which case we may extend the final allotments. electronically using the Federal determination for not more than 6 eRulemaking Portal (see ADDRESSES * * * * * , months. Listing a species as an (i) * * * below) must be received by 11:59 p.m. endangered or threatened species can Eastern Time on the closing date. We only be completed by issuing a rule. must receive requests for a public What this document does. We hearing, in writing, at the address propose to list the emperor penguin as shown in FOR FURTHER INFORMATION a threatened species with a 4(d) rule CONTACT by September 20, 2021. under the Act. ADDRESSES: You may submit comments The basis for our action. Under the by one of the following methods: Act, we may determine that a species is VerDate Sep<11>2014 16:17 Aug 03, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\04AUP1.SGM 04AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 41918 Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules an endangered or threatened species Information Requested Please note that submissions merely because of any of five factors: (A) The We intend that any final action stating support for, or opposition to, the present or threatened destruction, resulting from this proposed rule will be action under consideration without modification, or curtailment of its based on the best scientific and providing supporting information, habitat or range; (B) overutilization for commercial data available and be as although noted, will not be considered commercial, recreational, scientific, or accurate and as effective as possible. in making a determination, as section educational purposes; (C) disease or Therefore, we request comments or 4(b)(1)(A) of the Act directs that predation; (D) the inadequacy of information from other governmental determinations as to whether any existing regulatory mechanisms; or (E) agencies, the scientific community, species is an endangered or a threatened other natural or manmade factors industry, or any other interested parties species must be made ‘‘solely on the affecting its continued existence. We concerning this proposed rule. basis of the best scientific and have determined that the emperor We particularly seek comments commercial data available.’’ penguin is likely to become endangered concerning: You may submit your comments and (1) The species’ biology, range, and within the foreseeable future throughout materials concerning this proposed rule population trends, including: a significant portion of its range, by one of the methods listed in meeting the Act’s definition of a (a) Population trends at breeding colonies; ADDRESSES. We request that you send threatened species. The emperor comments only by the methods penguin is a sea-ice-obligate seabird (b) Genetics and taxonomy, particularly related to the four known described in ADDRESSES. distributed around the entire coastline metapopulations and the areas of of Antarctica. The global population is If you submit information via http:// Antarctica that have not yet been estimated at 270,000–280,000 breeding www.regulations.gov, your entire analyzed; pairs. Given the influence that weather submission—including any personal (c) Historical and current range, identifying information—will be posted and climate have in affecting the extent including redistribution patterns in and duration of sea ice and relatedly on the website. If your submission is relation to catastrophic events; made via a hardcopy that includes prey abundance around Antarctica, the (d) Colony names and locations; effects of climate change present the personal identifying information, you (e) Sea-ice conditions in Antarctica, may request at the top of your document most substantial threat facing the and projected trends; that we withhold this information from species. (f) Modeling efforts of sea-ice conditions using the Community Earth public review. However, we cannot We are also proposing a section 4(d) guarantee that we will be able to do so. rule. When we list a species as System Model Large Ensemble project and/or other models to simulate sea ice We will post all hardcopy submissions threatened, section 4(d) of the Act (16 on http://www.regulations.gov. U.S.C. 1533(d)) allows us to issue in Antarctica as it relates to emperor regulations that are necessary and penguins; and Comments and materials we receive, advisable to provide for the (g) Past and ongoing conservation as well as supporting documentation we conservation of the species. measures for the species, its habitat, or used in preparing this proposed rule, Accordingly, we are proposing a 4(d) both. will be available for public inspection (2) Factors that may affect the rule for the emperor penguin that would on http://www.regulations.gov.