12-Month Finding for a Petition to List The
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5476 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules As required by section 3507(d) of the § 96.122 Application content and DEPARTMENT OF THE INTERIOR PRA, the Secretary has submitted a copy procedure. of this proposed rule to OMB for its * * * * * Fish and Wildlife Service review. Comments on the information (d) The application (in substantial collection requirements are specifically 50 CFR Part 17 compliance with the statutory and solicited in order to: (1) Evaluate regulatory provisions for the Block whether the proposed collection of Endangered and Threatened Wildlife information is necessary for the proper Grant) shall for fiscal years through and Plants; 12-Month Finding for a performance of HHS functions, fiscal year 2000, be submitted no later Petition To List the Black-Tailed Prairie including whether the information will than March 31 of the fiscal year for Dog as Threatened have practical utility; (2) evaluate the which the State is applying. Beginning with the fiscal year 2001 application, all AGENCY: Fish and Wildlife Service, accuracy of the HHS estimate of the Interior. burden of the proposed collection of required components for a complete information, including the validity of application must be submitted no later ACTION: Notice of 12-month petition the methodology and assumptions used; than October 1 of the fiscal year for finding. (3) enhance the quality, utility, and which Block Grant funding is being SUMMARY: We, the Fish and Wildlife clarity of the information to be requested. The submission date for the Service, announce a 12-month finding collected; and (4) minimize the burden report required by § 96.130(e) to be for a petition to list the black-tailed of the collection of information on those submitted with the application and/or prairie dog (Cynomys ludovicianus) as who are to respond, including the use the information required by § 96.134(b) threatened throughout its range under of appropriate automated, electronic, may be extended for good cause shown the Endangered Species Act of 1973, as mechanical, or other technological in a request signed by the official amended (Act). After reviewing all collection techniques or other forms of authorized to apply for the Block Grant available scientific and commercial information technology. funding on behalf of the State, or the information, we have determined that OMB is required to make a decision Governor. The State should request an listing this species is warranted but concerning the collection of information extension for only the amount of time precluded by other higher priority contained in these proposed regulations necessary. In no event will an extension actions to amend the Lists of between 30 and 60 days after be granted past December 31 of the Endangered and Threatened Wildlife publication of this document in the fiscal year for which application is and Plants. Upon publication of this Federal Register. Therefore, a comment made. All requests to extend the due notice of 12-month petition finding, the to OMB is best assured of having its full date must be submitted no later than black-tailed prairie dog will be added to effect if OMB receives it within 30 days September 1 of the prior fiscal year and our candidate species list. of publication. This does not affect the addressed to the same address as This decision is based onÐthe deadline for the public to comment to specified for the grant application. number, variety, and significance of HHS on the proposed regulations. Extension requests must state for which threats affecting the species, especially Organizations and individuals requirement an extension is sought, the sylvatic plague (an exotic disease to desiring to submit comments on the date of submission sought, why the which the species has no resistance) and information collection requirements State is unable to meet the October 1 inadequate regulatory mechanisms should direct them to the Office of due date, and discuss if there are steps (some areas mandate eradication); Information and Regulatory Affairs, the State will be able to take to avoid evidence of recent general population OMB. (address above). requiring an extension in future years, declines in a significant portion of the List of Subjects in 45 CFR Part 96 or if not, why not. Extension requests species' range; and cumulative complying with these requirements will rangewide population data indicating Administrative practice and be acted upon no later than September overall population declines since 1980. procedure, Grant programsÐhealth, 20 of the fiscal year prior to the year for DATES: The finding announced in this Health care. which application is to be made. Due document was made on February 4, Dated: January 31, 2000. date extensions regarding the § 96.130(e) 2000. Donna E. Shalala, report and regarding the § 96.134(d) ADDRESSES: You may submit data, Secretary. information shall only be granted in information, comments, or questions writing. In order for an applicant to concerning this finding to the Field For the reasons set forth in the have complied with the requirements of Supervisor, U.S. Fish and Wildlife preamble, the Department proposes to section 1932(a)(1) of the Public Health Service, 420 South Garfield, Suite 400, amend Subpart L of Part 96 of Title 45 Service Act (42 U.S.C. 300x-32(a)(2)), it Pierre, South Dakota 57501. You may of the Code of Federal Regulations as is necessary that the components of the inspect the petition finding, supporting follows: application have been submitted by the data, and comments by appointment PART 96ÐBLOCK GRANTS date indicated or as extended pursuant during normal business hours at the to the above. above address. The petition finding also Subpart LÐSubstance Abuse * * * * * will be available at the Service's Region Prevention and Treatment Block Grant 6 website at <www.r6.fws.gov/ [FR Doc. 00±2444 Filed 2±1±00; 10:25 am] btprairiedog>. 1. The authority citation for Subpart BILLING CODE 4162±20±P FOR FURTHER INFORMATION CONTACT: L of Part 96 continues to read as follows: Pete Gober, Field Supervisor, South Dakota Authority: 42 U.S.C. 300x±21 to 300x±35 Field Office (see ADDRESSES section), and 300x±51 to 300x±64. telephone (605) 224±8693, extension 24, 2. Section 96.122 (d) is revised to read or facsimile (605) 224±9974. as follows: SUPPLEMENTARY INFORMATION: VerDate 27<JAN>2000 00:38 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM pfrm12 PsN: 04FEP1 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules 5477 Background black-tailed prairie dog. This collection period closed November 3, On July 31, 1998, we received a information included a description of 1999. petition dated July 30, 1998, from the the species and its range, as well as We received approximately 14,500 comment letters during the National Wildlife Federation (National comments related to its population development of this finding. The Wildlife Federation 1998). The biology and trend. The Petitioner noted following summarizes the sources and Petitioner requested that we list the that the species still occurs general content of information we black-tailed prairie dog as threatened intermittently throughout most of its received. throughout its range. The Petitioner also historic range, although much reduced in numbers and in the amount of habitat All State wildlife agencies within the requested that the species be afforded historic range of the black-tailed prairie emergency listing. Section 4 of the Act that it occupies. The Petitioner contrasted reports that the black-tailed dog provided written comments on the and regulations at 50 CFR 424 do not prairie dog once occupied as much as petition. Two State agriculture provide for petitions to request the 100±200 million acres (ac) (40±80 departments (New Mexico and listing of species on an emergency basis. million hectares (ha)) of the western Wyoming) and two State Legislatures However, section (4)(b)(7) of the Act and North American prairie with current (North Dakota and Wyoming) also the Service's Listing Priority Guidance estimates of occupied habitat and provided comments. In general, the (63 FR 25502) direct that all petitions concluded that the species' habitat has States opposed listing the black-tailed are to be reviewed to determine if an been reduced by at least 99 percent. The prairie dog but supported the emergency listing is appropriate. We Petitioner attributed reductions in development of conservation measures determined and advised the Petitioner occupied habitat to habitat loss and for the species. Most information by letter dated August 27, 1998, that it degradation related to the conversion of provided by the States focused on would be inappropriate to list this prairie grasslands to farmland, extensive policy and jurisdictional concerns species on an emergency basis given its control, disease, urban development, rather than on information related to the then known status. On September 16, unregulated shooting, and other factors. biological status of the species. 1999, the Petitioner requested that we On August 26, 1998, we received State wildlife agencies and other readdress this issue based on reports of another petition regarding the black- interested parties also developed a increased control efforts (Graber, tailed prairie dog from the Biodiversity Strategy for conservation of the black- National Wildlife Federation, in litt. Legal Foundation, the Predator Project, tailed prairie dog (Van Pelt in prep.). 1999). We have reevaluated information and Jon C. Sharps (Biodiversity Legal The actions identified in the current available regarding this subject and Foundation et al. 1998). They requested draft of this Strategy remain tentative determined that emergency listing of the that we list the black-tailed prairie dog and do not at this time confer any species is not appropriate at this time.