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Federal Register/Vol. 79, No. 14/Wednesday, January 22, 2014

Federal Register/Vol. 79, No. 14/Wednesday, January 22, 2014

Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Proposed Rules 3559

be purchased from the Commission’s channel 48 and removing channel 46 at www.regulations.gov. In the Search box, duplicating contractor, Best Copy and South Bend. enter the appropriate docket number Printing, Inc., 445 12th Street SW., [FR Doc. 2014–01175 Filed 1–21–14; 8:45 am] (see table, below). You may submit Room CY–B402, Washington, DC 20554, BILLING CODE 6712–01–P information by clicking on ‘‘Comment telephone 1–800–478–3160 or via email Now!’’ If your information will fit in the www.BCPIWEB.com. To request this provided comment box, please use this document in accessible formats DEPARTMENT OF THE INTERIOR feature of http://www.regulations.gov, as (computer diskettes, large print, audio it is most compatible with our recording, and Braille), send an email to Fish and Wildlife Service information review procedures. If you [email protected] or call the Commission’s attach your information as a separate Consumer and Governmental Affairs 50 CFR Part 17 document, our preferred file format is Bureau at (202) 418–0530 (voice), (202) Microsoft Word. If you attach multiple 418–0432 (TTY). This document does [Docket No. FWS–HQ–ES–2013–0121; FWS– comments (such as form letters), our not contain proposed information HQ–ES–2013–0122; FWS–HQ–ES–2013– preferred format is a spreadsheet in collection requirements subject to the 0123; FWS–HQ–ES–2013–0124; FWS–HQ– Microsoft Excel. ES–2013–0125: 450 003 0115] Paperwork Reduction Act of 1995, (2) By hard copy: Submit by U.S. mail Public Law 104–13. In addition, Endangered and Threatened Wildlife or hand-delivery to: Public Comments therefore, it does not contain any and Plants; 90-Day Findings on Five Processing, Attn: [Insert appropriate proposed information collection burden Petitions docket number; see table, below]; ‘‘for small business concerns with fewer Division of Policy and Directives than 25 employees,’’ pursuant to the AGENCY: Fish and Wildlife Service, Management; U.S. Fish and Wildlife Small Business Paperwork Relief Act of Interior. Service; 4401 N. Fairfax Drive, MS 2002, Public Law 107–198, see 44 U.S.C. ACTION: Notice of petition findings and 2042–PDM; Arlington, VA 22203. 3506(c)(4). initiation of status reviews. We request that you send information Provisions of the Regulatory only by the methods described above. SUMMARY: We, the U.S. Fish and Flexibility Act of 1980 do not apply to We will post all comments on http:// Wildlife Service (Service), announce 90- this proceeding. Members of the public www.regulations.gov. This generally day findings on five petitions to list 19 should note that from the time a Notice means that we will post any personal species as endangered or threatened, of Proposed Rule Making is issued until information you provide us (see Request under the Act of the matter is no longer subject to for Information). 1973, as amended (Act). Based on our Commission consideration or court review, we find that these petitions Species Docket No. review, all ex parte contacts (other than present substantial scientific or ex parte presentations exempt under 47 commercial information indicating that 15 foreign FWS–HQ–ES–2013–0121 CFR 1.1204(a)) are prohibited in the petitioned actions may be Emperor pen- FWS–HQ–ES–2013–0122 Commission proceedings, such as this warranted. Therefore, with the guin. one, which involve channel allotments. Flores hawk- FWS–HQ–ES–2013–0123 publication of this notice, we are See 47 CFR 1.1208 for rules governing eagle. initiating a review of the status of these restricted proceedings. Ridgway’s hawk FWS–HQ–ES–2013–0124 species to determine if the petitioned Virgin Islands FWS–HQ–ES–2013–0125 For information regarding proper actions are warranted. In order to assure coquı´. filing procedures for comments, see that the best scientific and commercial §§ 1.415 and 1.420. data informs the status review and, if FOR FURTHER INFORMATION CONTACT: List of Subjects in 47 CFR Part 73 warranted, the subsequent listing Janine Van Norman, Chief, Branch of determinations, and to provide an Foreign Species, Ecological Services Television. opportunity for all interested parties to Program, U.S. Fish and Wildlife Service, provide information for consideration Federal Communications Commission. 4401 N. Fairfax Drive, Room 420, for the status assessment, we are Barbara A. Kreisman, Arlington, VA 22203; telephone 703– requesting information regarding these 358–2171; facsimile 703–358–1735. If Chief, Video Division, Media Bureau. species (see Request for Information you use a telecommunications device Proposed rules below). Based on the status reviews, we for the deaf (TDD), please call the will issue 12-month findings on the Federal Information Relay Service For the reasons discussed in the petitions, which will address whether (FIRS) at 800–877–8339. preamble, the Federal Communications the petitioned action is warranted, as SUPPLEMENTARY INFORMATION: Commission proposes to amend 47 CFR provided in section 4(b)(3)(B) of the Act. part 73 as follows: DATES: To allow us adequate time to Request for Information conduct these status reviews, we request When we make a finding that a PART 73—RADIO BROADCAST that we receive information no later SERVICES petition presents substantial than March 24, 2014. Information information indicating that listing a submitted electronically using the species may be warranted, we are ■ 1. The authority citation for Part 73 Federal eRulemaking Portal (see required to promptly review the status continues to read as follows: ADDRESSES, below) must be received by of the species (status review). For the Authority: 47 U.S.C. 154, 303, 334, 336, 11:59 p.m. Eastern Time on the closing status review to be complete and based and 339. date. on the best available scientific and ADDRESSES: You may submit commercial information, we request § 73.622 [Amended] information by one of the following information on these species from ■ 2. Section 73.622(i), the Post- methods: governmental agencies, Native Transition Table of DTV Allotments (1) Electronically: Go to the Federal American tribes, the scientific under Indiana is amended by adding eRulemaking Portal: http:// community, industry, and any other

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interested parties. We seek information allow us to verify any scientific or the measure proposed in the petition on: commercial information you include. may be warranted’’ (50 CFR 424.14(b)). (1) The species’ biology, range, and Submissions merely stating support If we find that substantial scientific or population trends, including: for or opposition to the actions under commercial information was presented, (a) requirements; consideration without providing we are required to commence a review (b) Genetics and ; supporting information, although noted, of the status of the species, which will (c) Historical and current range, will not be considered in making a be subsequently summarized in our 12- including distribution patterns; determination. Section 4(b)(1)(A) of the month finding. (d) Historical and current population Act directs that determinations as to levels, and current and projected trends; whether any species is an endangered or Section 4 of the Act (16 U.S.C. 1533) and threatened species must be made and its implementing regulations at 50 (e) Past and ongoing conservation ‘‘solely on the basis of the best scientific CFR part 424 set forth the procedures measures for the species, its habitat, or and commercial data available.’’ for adding a species to, or removing a both. You may submit your information species from, the Federal Lists of (2) The factors that are the basis for concerning these status reviews by one Endangered and Threatened Wildlife making a listing determination for a of the methods listed in the ADDRESSES and Plants. A species may be species under section 4(a)(1) of the Act section. If you submit information via determined to be an endangered or (16 U.S.C. 1531 et seq.), which are: http://www.regulations.gov, your entire threatened species due to one or more (a) The present or threatened submission—including any personal of the five factors described in section destruction, modification, or identifying information—will be posted 4(a)(1) of the Act (see Request for curtailment of its habitat or range on the Web site. If you submit a Information). (‘‘Factor A’’); hardcopy that includes personal In considering what factors might (b) Overutilization for commercial, identifying information, you may constitute threats, we must look beyond recreational, scientific, or educational request at the top of your document that the exposure of the species to a factor purposes (‘‘Factor B’’); we withhold this personal identifying to evaluate whether the species may (c) Disease or (‘‘Factor C’’); information from public review. respond to the factor in a way that (d) The inadequacy of existing However, we cannot guarantee that we causes actual impacts to the species. If regulatory mechanisms (‘‘Factor D’’); or will be able to do so. We will post all there is exposure to a factor and the (e) Other natural or manmade factors hardcopy submissions on http:// species responds negatively, the factor affecting its continued existence www.regulations.gov. may be a threat and, during the status (‘‘Factor E’’). Information and supporting review, we attempt to determine how (3) The potential effects of climate documentation that we received and significant a threat it is. The threat is change on these species or their used in preparing this finding will be significant if it drives, or contributes to, . available for you to review at http:// (4) We also seek the following www.regulations.gov, or you may make the risk of extinction of the species such species-specific information: an appointment during normal business that the species may warrant listing as (a) For the Armenian whiskered hours at the appropriate lead U.S. Fish endangered or threatened as those terms (Myotis hajastanicus), and Wildlife Service Office (see FOR are defined in the Act. However, the • Population surveys; FURTHER INFORMATION CONTACT). identification of factors that could • Habitat requirements; impact a species negatively may not be • Quality of forested habitat Background sufficient to compel a finding that the surrounding Lake Sevon, Armenia; and Section 4(b)(3)(A) of the Act requires information in the petition and our files • Information on current restoration that we make a finding on whether a is substantial. The information must efforts on and around Lake Sevon, petition to list a species presents include evidence sufficient to suggest Armenia. substantial scientific or commercial that these factors may be operative (b) For the Flores hawk-eagle information indicating that the threats that act on the species to the (Spizaetus floris), petitioned action may be warranted. We point that the species may meet the • Information on habitat loss, are to base this finding on information definition of endangered or threatened including the impact of illegal logging provided in the petition and supporting under the Act. and urban expansion on habitat, and the information submitted with the petition. Review of Petition To List 15 Bat impact of El Nin˜ o forest fires from To the maximum extent practicable, we Species as Endangered or Threatened 1997–1998 on monsoon forest habitat in are to make this finding within 90 days Lesser Sundas Islands (Nusa Tenggara); of our receipt of the petition and Under the Act and publish our notice of the finding in the • Additional information regarding our Information on intentional killing of Federal Register. review of this petition can be found at the species, particularly statistics on Our standard for substantial scientific http://www.regulations.gov under international trade in Flores hawk- or commercial information within the Docket No. FWS–HQ–ES–2013–0121 in eagles. Code of Federal Regulations (CFR) with the document labeled Appendices for 15 Please include sufficient information regard to a 90-day petition finding is Foreign Bats. with your submission (such as scientific ‘‘that amount of information that would journal articles or other publications) to lead a reasonable person to believe that Species and Range

Common name(s) Scientific name Range

Armenian myotis, Armenian ...... Myotis hajastanicus ...... Armenia. Aru flying fox ...... aruensis ...... Aru Islands, Indonesia. Bonin flying fox ...... Pteropus pselaphon ...... Japan. Christmas Island pipistrelle ...... Pipistrellus murrayi ...... Christmas Island, Australia. Cuban greater funnel-eared bat ...... Natalus primus ...... Cuba. Greater monkey-faced bat ...... flanneryi ...... Papua New Guinea.

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Common name(s) Scientific name Range

Hill’s ...... Rhinolophus hilli ...... Rwanda. Jamaican greater funnel-eared bat ...... Natalus jamaicensis ...... Jamaica. Lamotte’s roundleaf bat ...... lamottei ...... Guinea, Liberia, and Coˆte d’Ivoire. Lord Howe long-eared bat ...... howensis ...... Australia. Montane monkey-faced bat ...... Pteralopex pulchra ...... Solomon Island. Negros naked-backed fruit bat, Philippine bare-backed fruit bat chapmani ...... Philippines. New Caledonia long-eared bat ...... Nyctophilus nebulosus ...... New Caledonia. New Zealand greater short-tailed bat ...... Mystacina robusta ...... New Zealand. Paraguayan mustached bat ...... Pteronotus paraguanensis ...... Venezuela.

Petition History • Paraguayan mustached bat based on Review of Petition To List the Flores On October 25, 2010, we received a factors A, D, and E (see Appendix O). Hawk-Eagle as Endangered or petition dated October 25, 2010, from Thus, for each of these species, the Threatened Under the Endangered WildEarth Guardians, requesting that 15 Service requests information on the five Species Act species of bats be listed as endangered listing factors under section 4(a)(1) of Additional information regarding our or threatened under the Act. The the Act, including the factors identified review of this petition can be found at petition clearly identified itself as such in this finding (See REQUEST FOR http://www.regulations.gov under and included the requisite identification INFORMATION). Docket No. FWS–HQ–ES–2013–0123 in information for the petitioner, required the document labeled Appendix for the at 50 CFR 424.14(a). This finding Review of Petition To List the Emperor Flores Hawk-eagle. addresses the petition. Penguin as Endangered or Threatened Under the Endangered Species Act Species and Range Finding This petition concerns the Flores Based on information provided in the Additional information regarding our hawk-eagle (Spizaetus floris), with a petition, in the sources cited in the review of this petition can be found at range in Indonesia. petition, and available in our files, we http://www.regulations.gov under Petition History find that the petition presents Docket No. FWS–HQ–ES–2013–0122 in substantial scientific or commercial the document labeled Appendix for the On October 6, 2011, we received a information indicating that the Emperor Penguin. petition, dated September 30, 2011, from WildEarth Guardians requesting petitioned action may be warranted for Species and Range all 15 species under section 4(a)(1) of that the Flores hawk-eagle be listed as the Act: This petition concerns the emperor endangered or threatened under the Act. • Armenian myotis based on factors D penguin (Aptenodytes forsteri), with a The petition clearly identified itself as and E (see Appendix A); range in Antarctica. such and included the requisite • Aru flying fox based on factor E (see identification information for the Appendix B); Petition History petitioner, as required by 50 CFR • Bonin flying fox based on factor E 424.14(a). In a December 20, 2011, letter (see Appendix C); On December 5, 2011, we received a to the petitioner, we responded that we • Christmas Island pipistrelle based petition dated November 28, 2011, from reviewed the information presented in on factors A, C, D, and E (see Appendix Center for Biological Diversity the petition and did not find that the D); requesting that the emperor penguin be petition warranted an emergency listing. • Cuban greater funnel-eared bat listed as endangered or threatened This finding addresses the petition. based on factors A and E (see Appendix under the Act. The petition clearly Finding E); identified itself as such and included • Greater monkey-faced bat based on the requisite identification information Based on our review of the factors A and D (see Appendix F); for the petitioner, as required by 50 CFR information provided in the petition, in • Hill’s horseshoe bat based on factor 424.14(a). This finding addresses this the sources cited in the petition, and A and D (see Appendix G); petition. readily available in our files, we find • Jamaican greater funnel-eared bat that the petition presents substantial Finding based on factors A, D, and E (see scientific or commercial information Appendix H); Based on our review of the indicating that the petitioned action • Lamotte’s roundleaf bat based on information provided in the petition, in may be warranted for the Flores hawk- factors A, D, and E (see Appendix I); eagle based on factors A, B, D, and E. • the sources cited in the petition, and Lord Howe long-eared bat based on available in our files, we find that the Thus, for the Flores hawk-eagle, the factor E (see Appendix J); Service requests information on the five • petition presents substantial scientific Montane monkey-faced bat based or commercial information indicating listing factors under section 4(a)(1) of on factors A, D, and E (see Appendix K); that the petitioned action may be the Act, including the factors identified • Negros naked-backed fruit bat/ warranted for the emperor penguin in this finding (See REQUEST FOR Philippine bare-backed fruit bat based INFORMATION). based on factors A, D, and E. on factors A, B, D, and E (see Appendix L); Thus, for the emperor penguin, the Review of Petition To List Ridgway’s • New Caledonia long-eared bat based Service requests information on the five Hawk as Endangered or Threatened on factors A and E (see Appendix M); listing factors under section 4(a)(1) of Under the Endangered Species Act • New Zealand greater short-tailed the Act, including the factors identified Additional information regarding our bat based on factors C and E (see in this finding (See REQUEST FOR review of this petition can be found at Appendix N); and INFORMATION). http://www.regulations.gov under

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Docket No. FWS–HQ–ES–2013–0124 in the document labeled Appendix for the indicating that the requested actions the document labeled Appendix for Virgin Island Coquı´. may be warranted and are initiating Ridgway’s Hawk. status reviews to determine whether Species and Range these actions under the Act are Species and Range This petition concerns the Virgin warranted. At the conclusion of the This petition concerns the Ridgway’s Islands coquı´ (Eleutherodactylus status reviews, we will issue 12-month hawk (Buteo ridgwayi), with a range in schwartzi), with a range in the British findings in accordance with section the Dominican Republic. Virgin Islands. 4(b)(3)(B) of the Act, as to whether or not listing is warranted. Petition History Petition History It is important to note that the On October 6, 2011, we received a On October 6, 2011, we received a ‘‘substantial information’’ standard for a petition dated September 28, 2011, from petition dated September 28, 2011, from 90-day finding differs from the Act’s WildEarth Guardians requesting that WildEarth Guardians requesting that the ‘‘best scientific and commercial data’’ ´ Ridgway’s hawk be listed as endangered Virgin Islands coquı be listed as standard that applies to a status review or threatened under the Act. The endangered or threatened under the Act. to determine whether a petitioned petition clearly identified itself as such The petitioner also requested action is warranted. A 90-day finding and included the requisite identification designation of critical habitat in the U.S. does not constitute a status review information for the petitioner, as Virgin Islands. The petition clearly under the Act. In a 12-month finding, required by 50 CFR 424.14(a). In a identified itself as such and included we will determine whether a petitioned December 20, 2011, letter to the the requisite identification information action is warranted after we have petitioner, we responded that we were for the petitioner, as required by 50 CFR completed a thorough review of the currently required to complete a 424.14(a). In a December 20, 2011, letter species. Because the Act’s standards for significant number of listing and critical to the petitioner, we responded that we 90-day and 12-month findings are habitat actions by the end of Fiscal Year were currently required to complete a different, as described above, a 2016 pursuant to court orders, judicially significant number of listing and critical substantial 90-day finding does not approved settlement agreements, and habitat actions by the end of Fiscal Year mean that the 12-month finding will other statutory deadlines, and we may 2016 pursuant to court orders, judicially result in a warranted finding. approved settlement agreements, and conduct a review of the petition prior to References Cited Fiscal Year 2016 should budget and other statutory deadlines, and we may workload permit. This finding addresses conduct a review of the petition prior to On http://www.regulations.gov, the the petition. Fiscal Year 2016 should budget and docket for each species or group of workload permit. This finding addresses species (see table under ADDRESSES) Finding the petition. contains the relevant appendix or Based on our review of the Finding appendices mentioned above. Each appendix contains a complete list of information provided in the petition, in Based on our review of the the sources cited in the petition, and references cited. Each appendix is also information provided in the petition, in available upon request from the Branch readily available in our files, we find the sources cited in the petition, and that the petition presents substantial of Foreign Species (see FOR FURTHER readily available in our files, we find INFORMATION CONTACT). scientific or commercial information that the petition presents substantial indicating that the petitioned action scientific or commercial information Authors may be warranted for the Ridgway’s indicating that the petitioned action hawk based on factors A, D, and E. The primary authors of this notice are may be warranted for the Virgin Islands the staff members of the Branch of Thus, for the Ridgeway’s hawk, the coquı´ based on factors A, C, and D. Foreign Species, Ecological Services Service requests information on the five Thus, for the Virgin Island coquı´, the Program, U.S. Fish and Wildlife Service listing factors under section 4(a)(1) of Service requests information on the five (see FOR FURTHER INFORMATION CONTACT). the Act, including the factors identified listing factors under section 4(a)(1) of in this finding (See REQUEST FOR the Act, including the factors identified Authority INFORMATION). in this finding (See REQUEST FOR The authority for these actions is the Review of Petition To List the Virgin INFORMATION). Endangered Species Act of 1973, as Islands Coquı´ as Endangered or Conclusion amended (16 U.S.C. 1531 et seq.). Threatened Under the Endangered On the basis of our evaluation of the Dated: January 8, 2014. Species Act information presented under section Stephen Guertin, Additional information regarding our 4(b)(3)(A) of the Act, we have Acting Director, U.S. Fish and Wildlife review of this petition can be found at determined that the petitions Service. http://www.regulations.gov under summarized above present substantial [FR Doc. 2014–01184 Filed 1–21–14; 8:45 am] Docket No. FWS–HQ–ES–2013–0125 in scientific or commercial information BILLING CODE 4310–55–P

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