73828 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR No. FWS–R2–ES–2012–0071. You may proposes to list the lesser prairie- submit a comment by clicking on chicken as a threatened species Fish and Wildlife Service ‘‘Comment Now!’’ throughout its range. (2) By hard copy: Submit by U.S. mail The Endangered Species Act provides 50 CFR Part 17 or hand-delivery to: Public Comments the basis for our action. Under the [Docket No. FWS–R2–ES–2012–0071: Processing, Attn: FWS–R2–ES–2012– Endangered Species Act, we can 4500030113] 0071; Division of Policy and Directives determine that a species is an Management; U.S. Fish and Wildlife endangered or threatened species based RIN 1018–AV21 Service; 4401 N. Fairfax Drive, MS on any of five factors: (A) The present 2042–PDM; Arlington, VA 22203. or threatened destruction, modification, Endangered and Threatened Wildlife We request that you send comments or curtailment of its habitat or range; (B) and Plants; Listing the Lesser Prairie- only by the methods described above. overutilization for commercial, Chicken as a Threatened Species We will post all comments on http:// recreational, scientific, or educational AGENCY: Fish and Wildlife Service, www.regulations.gov. This generally purposes; (C) disease or predation; (D) Interior. means that we will post any personal the inadequacy of existing regulatory mechanisms; or (E) other natural or ACTION: Proposed rule. information you provide us (see the Information Requested section below for manmade factors affecting its continued SUMMARY: We, the U.S. Fish and more information). existence. The primary factors Wildlife Service, propose to list the Public hearings: The public hearings supporting the proposed threatened lesser prairie-chicken (Tympanuchus will be held at the following locations: status for lesser prairie-chicken are the pallidicinctus), a grassland bird known (1) Woodward, Oklahoma: High historical, ongoing, and probable future from southeastern Colorado, western Plains Technology Center Seminar impacts of cumulative habitat loss and Kansas, eastern New Mexico, western Center, 3921 34th Street, Woodward, fragmentation. These impacts are the Oklahoma, and the Texas Panhandle, as OK 73801. result of: conversion of grasslands to a threatened species under the (2) Garden City, Kansas: Garden City agricultural uses; encroachment by Endangered Species Act of 1973, as Community College, 801 N. Campus invasive woody plants; wind energy amended (Act). If we finalize the rule as Drive, Garden City, KS 67846. development; petroleum production; proposed, it would extend the Act’s (3) Lubbock, Texas: Lubbock Civic and presence of roads and manmade protection to this species. We have Center, 1501 Mac Davis Lane, Lubbock, vertical structures including towers, determined that designation of critical TX 79401. utility lines, fences, turbines, wells, and habitat for the lesser prairie-chicken (4) Roswell, New Mexico: Eastern buildings. under the Act is prudent but not New Mexico University Fine Arts We will request peer review of the determinable at this time. We are Auditorium, 64 University Boulevard, methods used in our proposal. We will seeking information and comments from Roswell, NM 88203. specifically request that several the public regarding the lesser prairie- People needing reasonable knowledgeable individuals with chicken and this proposed rule. accommodations in order to attend and scientific expertise in this species or participate in the public hearing should related fields review the scientific DATES: We will accept comments information and methods that we used received or postmarked on or before contact Dixie Porter, Field Supervisor, Oklahoma Ecological Services Field in developing this proposal. March 11, 2013. Comments submitted We are seeking public comment on Office, as soon as possible (see FOR electronically using the Federal this proposed rule. Anyone is welcome FURTHER INFORMATION CONTACT below). eRulemaking Portal (see ADDRESSES to comment on our proposal or provide section, below) must be received by FOR FURTHER INFORMATION CONTACT: additional information on the proposal 11:59 p.m. Eastern Time on the closing Dixie Porter, Field Supervisor, that we can use in making a final date. Oklahoma Ecological Services Field determination on the status of this Public Hearings: We will hold four Office, 9014 East 21st Street, Tulsa, OK species. Please submit your comments public hearings on this proposed rule. 74129; by telephone 918–581–7458 or and materials concerning this proposed The public hearings will be held in by facsimile 918–581–7467. Persons rule by one of the methods listed in the Woodward, Oklahoma, on Tuesday, who use a telecommunications device ADDRESSES section. Within 1 year February 5; Garden City, Kansas, on for the deaf (TDD) may call the Federal following the publication of this Thursday, February 7; Lubbock, Texas, Information Relay Service (FIRS) at proposal, we will publish in the Federal on Monday, February 11; and Roswell, 800–877–8339. Register a final determination New Mexico, on Tuesday, February 12. SUPPLEMENTARY INFORMATION: concerning the listing of the species or The public hearings will be held from Executive Summary withdraw the proposal if new 6:30 p.m. to 8:30 p.m. information is provided that supports ADDRESSES: Document availability: You This document consists of: (1) A that decision. may obtain copies of the proposed rule proposed rule to list the lesser prairie- on the Internet at http:// chicken as a threatened species; and (2) Public Comments www.regulations.gov at Docket No. a finding that critical habitat is prudent We intend that any final action FWS–R2–ES–2012–0071 or by mail but not determinable at this time. resulting from this proposed rule will be from the Oklahoma Ecological Services Why we need to publish a rule. Under based on the best scientific and Field Office (see FOR FURTHER the Endangered Species Act, a species commercial data available and be as INFORMATION CONTACT). may warrant protection through listing accurate and as effective as possible. Written Comments: You may submit if it is an endangered or threatened Therefore, we request comments or written comments by one of the species throughout all or a significant information from other concerned following methods: portion of its range. In this proposal, we governmental agencies, Native (1) Electronically: Go to the Federal are explaining why the lesser prairie- American tribes, the scientific eRulemaking Portal: http:// chicken warrants protection under the community, industry, general public, or www.regulations.gov. Search for Docket Endangered Species Act. This rule any other interested parties concerning VerDate Mar<15>2010 18:29 Dec 10, 2012 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP3.SGM 11DEP3 mstockstill on DSK4VPTVN1PROD with Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 73829 this proposed rule. We particularly seek advisable to provide for the through April 1996, we were under a comments regarding: conservation of the lesser prairie- moratorium on listing actions as a result (1) The historical and current status chicken pursuant to section 4(d) of the of Public Law 104–6, which, along with and distribution of the lesser prairie- Act. a series of continuing budget chicken, its biology and ecology, Please note that submissions merely resolutions, eliminated or severely specific threats (or lack thereof) and stating support for, or opposition to, the reduced our listing budget through regulations that may be addressing those action under consideration without April 1996. We were unable to act on threats and ongoing conservation providing supporting information, the petition during that period. On July measures for the species and its habitat. although noted, will not be considered 8, 1997 (62 FR 36482), we announced (2) Information relevant to the factors in making a determination, as section our 90-day finding that the petition that are the basis for making a listing 4(b)(1)(A) of the Act directs that presented substantial information determination for a species under determinations as to whether any indicating that the petitioned action section 4(a) of the Endangered Species species is an endangered or threatened may be warranted. In that notice, we Act of 1973, as amended (Act) (16 species must be made ‘‘solely on the requested additional information on the U.S.C. 1531 et seq.), which are: basis of the best scientific and status, trend, distribution, and habitat (a) The present or threatened commercial data available.’’ requirements of the species for use in destruction, modification, or You may submit your comments and conducting a status review. We curtailment of the species’ habitat or materials concerning this proposed rule requested that information be submitted range; by one of the methods listed in the to us by September 8, 1997. In response (b) Overutilization for commercial, ADDRESSES section. to a September 3, 1997, request by the recreational, scientific, or educational If you submit a comment via http:// Lesser Prairie-Chicken Interstate purposes; www.regulations.gov, your entire Working Group, we reopened the (c) Disease or predation; submission—including any personal comment period for an additional 30 (d) The inadequacy of existing identifying information—will be posted days beginning on November 3, 1997 regulatory mechanisms; or on the Web site. If your submission is (62 FR 59334). We subsequently (e) Other natural or manmade factors made via a hardcopy that includes published our 12-month finding for the affecting its continued existence and personal identifying information, you lesser prairie-chicken on June 9, 1998 threats to the species or its habitat. may request at the top of your document (63 FR 31400), concluding that the (3) Which areas would be appropriate that we withhold this information from petitioned action was warranted but as critical habitat for the species and public review. However, we cannot precluded by other higher priority why areas should or should not be guarantee that we will be able to do so.