Vol. 77 Friday, No. 130 July 6, 2012 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing the Scarlet Macaw; Proposed Rule VerDate Mar<15>2010 18:25 Jul 05, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06JYP3.SGM 06JYP3 srobinson on DSK4SPTVN1PROD with PROPOSALS3 40222 Federal Register / Vol. 77, No. 130 / Friday, July 6, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR as form letters), our preferred format is and Plants that contains substantial a spreadsheet in Microsoft Excel. scientific or commercial information Fish and Wildlife Service (2) By hard copy: Submit by U.S. mail that listing the species may be or hand-delivery to: Public Comments warranted, we make a finding within 12 50 CFR Part 17 Processing, Attn: FWS–R9–ES–2012– months of the date of receipt of the 0039; Division of Policy and Directives petition (‘‘12-month finding’’). In this [Docket No. FWS–R9–ES–2012–0039; Management; U.S. Fish and Wildlife finding, we determine whether the 4500030115] Service; 4401 N. Fairfax Drive, MS petitioned action is: (a) Not warranted, 2042–PDM; Arlington, VA 22203. (b) warranted, or (c) warranted, but RIN 1018–AY39 We will not accept comments by immediate proposal of a regulation Endangered and Threatened Wildlife email or fax. We will post all comments implementing the petitioned action is and Plants; Listing the Scarlet Macaw on http://www.regulations.gov. This precluded by other pending proposals to generally means that we will post any determine whether species are AGENCY: Fish and Wildlife Service, personal information you provide us endangered or threatened, and Interior. (see the Information Requested section expeditious progress is being made to ACTION: Proposed rule; 12-month below for more information). add or remove qualified species from petition finding. FOR FURTHER INFORMATION CONTACT: the Federal Lists of Endangered and Janine Van Norman, Chief, Branch of Threatened Wildlife and Plants. We SUMMARY: We, the U.S. Fish and Foreign Species, Endangered Species must publish these 12-month findings Wildlife Service, propose to list as Program, U.S. Fish and Wildlife Service, in the Federal Register. endangered the northern subspecies of 4401 North Fairfax Drive, Room 420, In this document, we announce that scarlet macaw (Ara macao cyanoptera) Arlington, VA 22203; telephone 703– listing the subspecies A. m. cyanoptera and the northern distinct vertebrate 358–2171. If you use a and the northern DPS of the subspecies population segment (DPS) of the telecommunications device for the deaf A. m. macao as endangered is southern subspecies (A. m. macao) as (TDD), call the Federal Information warranted, and we are proposing to add endangered under the Endangered Relay Service (FIRS) at 800–877–8339. these entities, as endangered, to the Species Act of 1973, as amended (Act). SUPPLEMENTARY INFORMATION: Federal List of Endangered and We are taking this action in response to Threatened Wildlife. We also find that a petition to list this species as Executive Summary listing the southern DPS of the endangered or threatened under the Act. I. Purpose of the Regulatory Action subspecies A. m. macao under the Act This document, which also serves as the is not warranted. completion of the status review and as We were petitioned to list the scarlet Prior to issuing a final rule on this the 12-month finding on the petition, macaw, and 13 other parrot species, proposed action, we will take into announces our finding that listing is under the Endangered Species Act of consideration all comments and any warranted for the northern subspecies 1973, as amended (Act). During our additional information we receive. Such and northern DPS of the southern status review, we found that threats do information may lead to a final rule that subspecies of scarlet macaw. If we not place the species at risk of differs from this proposal. All comments finalize this rule as proposed, it would extinction throughout all of its range, and recommendations, including names extend the Act’s protections to this but do so throughout all the range of the and addresses of commenters, will subspecies and DPS. We seek subspecies A. m. cyanoptera and all the become part of the administrative information from the public on this range of the northern DPS of A. m record. proposed rule and status review for this macao. Therefore, in this 12-month subspecies and DPS. finding, we announce that listing the Previous Federal Actions subspecies A. m. cyanoptera and the DATES: We will consider comments and Petition History northern DPS of A. m. macao is information received or postmarked on warranted, and are proposing to list On January 31, 2008, the Service or before September 4, 2012. these entities as endangered under the received a petition dated January 29, ADDRESSES: You may submit comments Act. We are undertaking this action 2008, from Friends of Animals, as by one of the following methods: pursuant to a settlement agreement and represented by the Environmental Law (1) Electronically: Go to the Federal publication of this action will fulfill our Clinic, University of Denver, Sturm eRulemaking Portal: http:// obligations under that agreement. College of Law, requesting that we list www.regulations.gov. Search for FWS– 14 parrot species under the Act. The R9–ES–2012–0039, which is the docket II. Major Provision of the Regulatory petition clearly identified itself as a number for this rulemaking. On the Action petition and included the requisite search results page, under the Comment This action is authorized by the Act. information required in the Code of Period heading in the menu on the left It affects Part 17, subchapter B of Federal Regulations (50 CFR 424.14(a)). side of your screen, check the box next chapter I, title 50 of the Code of Federal On July 14, 2009 (74 FR 33957), we to ‘‘Open’’ to locate this document. Regulations. If adopted as proposed, this published a 90-day finding in which we Please ensure you have found the action would extend the protections of determined that the petition presented correct document before submitting the Act to the subspecies A. m. substantial scientific and commercial your comments. If your comments will cyanoptera and the northern DPS of A. information to indicate that listing may fit in the provided comment box, please m. macao. be warranted for 12 of the 14 parrot use this feature of http:// species. In our 90-day finding on this www.regulations.gov, as it is most Background petition, we announced the initiation of compatible with our comment review Section 4(b)(3)(B) of the Endangered a status review to list as endangered or procedures. If you attach your Species Act of 1973, as amended (Act) threatened under the Act, the following comments as a separate document, our (16 U.S.C. 1531 et seq.) requires that, for 12 parrot species: blue-headed macaw preferred file format is Microsoft Word. any petition to revise the Federal Lists (Primolius couloni), crimson shining If you attach multiple comments (such of Endangered and Threatened Wildlife parrot (Prosopeia splendens), great VerDate Mar<15>2010 18:25 Jul 05, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP3.SGM 06JYP3 srobinson on DSK4SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 77, No. 130 / Friday, July 6, 2012 / Proposed Rules 40223 green macaw (Ara ambiguus), grey- determinations to the Federal Register Please include sufficient information cheeked parakeet (Brotogeris by June 30, 2012. with your submission (such as full pyrrhoptera), hyacinth macaw In completing this status review, we references) to allow us to verify any (Anodorhynchus hyacinthinus), military make a determination whether the scientific or commercial information macaw (Ara militaris), Philippine petitioned action is warranted, not you include. Submissions merely stating cockatoo (Cacatua haematuropygia), warranted, or warranted but precluded support for or opposition to the action red-crowned parrot (Amazona by other listing actions for one of the under consideration without providing viridigenalis), scarlet macaw (Ara remaining species that is the subject of supporting information, although noted, macao), white cockatoo (Cacatua alba), the above-mentioned settlement will not be considered in making a yellow-billed parrot (Amazona collaria), agreement, the scarlet macaw. This determination. Section 4(b)(1)(A) of the and yellow-crested cockatoo (Cacatua Federal Register document complies, in Act directs that determinations as to sulphurea). We initiated this status part, with the last deadline in the court- whether any species is an endangered or review to determine if listing each of the ordered settlement agreement. threatened species must be made 12 species is warranted, and initiated a Information Requested ‘‘solely on the basis of the best scientific 60-day information collection period to and commercial data available.’’ allow all interested parties an We intend that any final actions Public Hearing opportunity to provide information on resulting from this proposed rule will be the status of these 12 species of parrots. based on the best scientific and At this time, we do not have a public The public comment period closed on commercial data available. Therefore, hearing scheduled for this proposed September 14, 2009. we request comments or information rule. The main purpose of most public On October 24, 2009, and December 2, from other concerned governmental hearings is to obtain public testimony or 2009, the Service received a 60-day agencies, the scientific community, or comment. In most cases, it is sufficient notice of intent to sue from Friends of any other interested parties concerning to submit comments through the Federal Animals and WildEarth Guardians, for this proposed rule.