58674 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules (2) The Contractor shall provide the INFORMATION CONTACT by November 16, of the Act to provide for conservation following information no later than 2015. measures for the elfin-woods warbler. when the warranted items are presented ADDRESSES: You may submit comments The basis for our action. Under the for receipt and/or acceptance— by one of the following methods: Act, we may determine that a species is (A) The unique item identifier for (1) Electronically: Go to the Federal a threatened species based on any of each warranted item required by the eRulemaking Portal: http:// five factors: (A) The present or attachment entitled ‘‘Warranty Tracking www.regulations.gov. In the Search box, threatened destruction, modification, or Information;’’ and enter FWS–R4–ES–2015–0144, which is curtailment of its habitat or range; (B) (B) The warranty repair source the docket number for this rulemaking. overutilization for commercial, information and instructions for each Click the Search button. Then, in the recreational, scientific, or educational warranted item required by the Search panel on the left side of the purposes; (C) disease or predation; (D) attachment entitled ‘‘Source of Repair screen, under the Document Type the inadequacy of existing regulatory Instructions.’’ heading, click on the Proposed Rules mechanisms; or (E) other natural or (3) The Contractor shall submit the link to locate this document. You may manmade factors affecting its continued data for warranty tracking to the submit a comment by clicking on existence. We propose to list this Contracting Officer with a copy to the ‘‘Comment Now!’’ species, which is currently at risk requiring activity and the Contracting (2) By hard copy: Submit by U.S. mail throughout all of its range due to threats Officer Representative. or hand-delivery to: Public Comments related to habitat modification on (4) For additional information on Processing, Attn: FWS–R4–ES–2015– private lands under agricultural and warranty attachments, see the 0144; U.S. Fish and Wildlife Service, other land use requiring vegetation ‘‘Warranty and Source of Repair’’ MS: BPHC, 5275 Leesburg Pike, Falls clearance (Factor A). In addition, other training and ‘‘Warranty and Source of Church, VA 22041–3803. natural or manmade factors, such as Repair Tacking User Guide’’ accessible We request that you send comments restricted distribution and lack of on the Product Data Reporting and only by the methods described above. connectivity, genetic drift, hurricanes, Evaluation Program (PDREP) Web site at We will post all comments on http:// and climate change, are considered https://www.pdrep.csd.disa.mil/pdrep_ www.regulations.gov. This generally threats (Factor E). files/other/wsr.htm. means that we will post any personal We will seek peer review. We will seek * * * * * information you provide us (see Public comments from independent specialists [FR Doc. 2015–24784 Filed 9–29–15; 8:45 am] Comments, below, for more to ensure that our determination is BILLING CODE 5001–06–P information). based on scientifically sound data, FOR FURTHER INFORMATION CONTACT: assumptions, and analyses. We will Marelisa Rivera, Deputy Field invite these peer reviewers to comment DEPARTMENT OF THE INTERIOR Supervisor, U.S. Fish and Wildlife on this listing proposal. Service, Caribbean Ecological Services Information Requested Fish and Wildlife Service Field Office, P.O. Box 491, Road 301 Km. 5.1, Boquero´n, PR 00622; telephone Public Comments 50 CFR Part 17 787–851–7297; facsimile 787–851–7440. We intend that any final action [Docket. No. FWS–R4–ES–2015–0144; Persons who use a telecommunications resulting from this proposed rule will be 4500030113] device for the deaf (TDD) may call the based on the best scientific and RIN 1018–BA94 Federal Information Relay Service commercial data available and be as (FIRS) at 800–877–8339. accurate and as effective as possible. Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: Therefore, we request comments or and Plants; Threatened Species Status information from other concerned Executive Summary for the Elfin-woods Warbler governmental agencies, the scientific Why we need to publish a rule. Under community, industry, or any other AGENCY: Fish and Wildlife Service, the Endangered Species Act (Act), if we interested parties concerning this Interior. determine that a species is an proposed rule. We particularly seek ACTION: Proposed rule. endangered or threatened species comments concerning: throughout all or a significant portion of (1) The biology, range, and population SUMMARY: We, the U.S. Fish and its range, we are required to promptly trends of the elfin-woods warbler, Wildlife Service (Service), propose to publish a proposal in the Federal including: list the elfin-woods warbler (Setophaga Register and make a determination on (a) Habitat requirements for feeding, angelae), a bird species in Puerto Rico, our proposal within 1 year. Listing a breeding, and sheltering; as a threatened species under the species as an endangered or threatened (b) Genetics and taxonomy; Endangered Species Act (Act). If we species can only be completed by (c) Historical and current range, finalize this rule as proposed, it would issuing a rule. including distribution patterns; extend the Act’s protections to this This rulemaking proposes the listing (d) Historical and current population species. of the elfin-woods warbler (Setophaga levels, and current and projected trends DATES: We will accept comments angelae) as a threatened species. The (especially in El Yunque National Forest received or postmarked on or before elfin-woods warbler is a candidate and Carite Commonwealth Forest); and November 30, 2015. Comments species for which we have on file (e) Past and ongoing conservation submitted electronically using the sufficient information on biological measures for the species, its habitat or Federal eRulemaking Portal (see vulnerability and threats to support both. ADDRESSES, below) must be received by preparation of a listing proposal, but for (2) Factors that may affect the 11:59 p.m. Eastern Time on the closing which development of a listing rule has continued existence of the species, date. We must receive requests for until now been precluded by other which may include habitat modification public hearings, in writing, at the higher priority listing activities. We are or destruction, overutilization, disease, address shown in FOR FURTHER also proposing a rule under section 4(d) predation, the inadequacy of existing VerDate Sep<11>2014 17:54 Sep 29, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\30SEP1.SGM 30SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules 58675 regulatory mechanisms, or other natural determination may differ from this candidate list with a listing priority or manmade factors. proposal. number (LPN) of 5, indicating that its (3) Biological, commercial trade, or threats were non-imminent, but high in Public Hearing other relevant data concerning any magnitude. This listing priority system threats (or lack thereof) to this species Section 4(b)(5) of the Act provides for was developed to ensure that we have and existing regulations that may be one or more public hearings on this a rational system for allocating limited addressing those threats. proposal, if requested. Requests must be resources in a way that ensures those (4) Additional information concerning received within 45 days after the date of species in greatest need of protection are the historical and current status, range, publication of this proposed rule in the the first to receive such protection. The distribution, and population size of this Federal Register. Such requests must be listing priority system considers species, including the locations of any sent to the address shown in the FOR magnitude of threat, immediacy of additional populations of this species. FURTHER INFORMATION CONTACT section. threat, and taxonomic distinctiveness in (5) The appropriateness and scope of We will schedule public hearings on assigning species numerical listing the proposed 4(d) rule, including any this proposal, if any are requested, and priorities on a scale from 1 to 12. In other actions that should be considered announce the dates, times, and places of general, a smaller LPN reflects a greater for inclusion. those hearings, as well as how to obtain need for protection than a larger LPN. Please include sufficient information reasonable accommodations, in the The elfin-woods warbler was included, with your submission (such as scientific Federal Register and local newspapers and retained an LPN of 5, in our CNORs journal articles or other publications) to at least 15 days before the hearing. from 2001 through 2004 (66 FR 54808, allow us to verify any scientific or Peer Review October 30, 2001; 67 FR 40657, June 13, commercial information you include. 2002; 69 FR 24876, May 4, 2004). Please note that submissions merely In accordance with our joint policy on stating support for or opposition to the peer review published in the Federal On May 11, 2004, the Center for action under consideration without Register on July 1, 1994 (59 FR 34270), Biological Diversity (CBD) petitioned providing supporting information, we will seek the expert opinions of four the Service to list the elfin-woods although noted, will not be considered appropriate and independent specialists warbler as an endangered species under in making a determination, as section regarding this proposed rule. The the Act (CBD 2004, pp. 34–38). The 4(b)(1)(A) of the Act (16 U.S.C. 1531 et purpose of peer review is to ensure that elfin-woods warbler was already seq.) directs that determinations as to our listing determination is based on considered a candidate species at the whether any species is an endangered or scientifically sound data, assumptions, time the petition was received. Because threatened species must be made and analyses.