50610 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules * * * * * date. We must receive requests for modification, or curtailment of its Dated: September 20, 2018. public hearings, in writing, at the habitat or range; (B) overutilization for FOR FURTHER James W. Kurth, address shown in commercial, recreational, scientific, or INFORMATION CONTACT by November 23, educational purposes; (C) disease or Deputy Director, U.S. Fish and Wildlife Service, Exercising the Authority of the 2018. predation; (D) the inadequacy of Director, U.S. Fish and Wildlife Service. ADDRESSES: You may submit comments existing regulatory mechanisms; or (E) other natural or manmade factors [FR Doc. 2018–21797 Filed 10–5–18; 8:45 am] by one of the following methods: (1) Electronically: Go to the Federal affecting its continued existence. We BILLING CODE 4333–15–P eRulemaking Portal: http:// have determined that habitat loss and www.regulations.gov. In the Search box, destruction, sea level rise and tidal DEPARTMENT OF THE INTERIOR enter FWS–R4–ES–2018–0057, which is flooding, incompatible land the docket number for this rulemaking. management, and increasing storm Fish and Wildlife Service Then, click the Search button. On the intensity and frequency are the primary resulting page, in the Search panel on threats to this subspecies. 50 CFR Part 17 the left side of the screen, under the Peer review. We prepared a species Document Type heading, click on the status assessment report (SSA report) for [Docket No. FWS–R4–ES–2018–0057; the eastern black rail. The SSA report 4500030113] Proposed Rule box to locate this document. You may submit a comment represents a compilation and RIN 1018–BD21 by clicking on ‘‘Comment Now!’’ assessment of the best scientific and (2) By hard copy: Submit by U.S. mail commercial information available Endangered and Threatened Wildlife or hand-delivery to: Public Comments concerning the status of the eastern and Plants; 12-Month Petition Finding Processing, Attn: FWS–R4–ES–2018– black rail, including the past, present, and Threatened Species Status for 0057, U.S. Fish and Wildlife Service, and future factors influencing the Eastern Black Rail With a Section 4(d) MS: BPHC, 5275 Leesburg Pike, Falls subspecies (Service 2018, entire). We Rule Church, VA 22041–3803. solicited independent peer review of the AGENCY: Fish and Wildlife Service, We request that you send comments SSA report by 10 individuals with Interior. only by the methods described above. expertise in rail biology and ecology and We will post all comments on http:// in species modeling; we received ACTION: Proposed rule. www.regulations.gov. This generally comments from 5 of the 10 reviewers. SUMMARY: We, the U.S. Fish and means that we will post any personal The reviewers were generally Wildlife Service (Service), announce a information you provide us (see Public supportive of our approach and made 12-month petition finding on a petition Comments, below, for more suggestions and comments that to list the eastern black rail (Laterallus information). strengthened our analysis. The SSA jamaicensis jamaicensis) as an FOR FURTHER INFORMATION CONTACT: Tom report and other materials relating to endangered or threatened species under McCoy, Field Supervisor, South this proposal can be found at http:// the Endangered Species Act of 1973 Carolina Ecological Services Field www.regulations.gov under Docket No. (Act), as amended. After review of the Office, 176 Croghan Spur Road, Suite FWS–R4–ES–2018–0057. best available scientific and commercial 200, Charleston, SC 29407; telephone Information Requested information, we find that listing the 843–727–4707; facsimile 843–300–0204. eastern black rail is warranted. Persons who use a telecommunications Public Comments Accordingly, we propose to list the device for the deaf (TDD) may call the We intend that any final action eastern black rail, a bird subspecies that Federal Relay Service at 800–877–8339. resulting from this proposed rule will be occurs in as many as 35 States, the SUPPLEMENTARY INFORMATION: based on the best scientific and District of Columbia, Puerto Rico, and commercial data available and be as several countries in the Caribbean and Executive Summary accurate and as effective as possible. Central America, as a threatened species Why we need to publish a rule. Under Therefore, we request comments or under the Act. If we finalize this rule as the Act, if we determine that a species information from other concerned proposed, it would extend the Act’s is an endangered or threatened species governmental agencies, Native protections to this subspecies and, throughout all or a significant portion of American tribes, the scientific accordingly, add this subspecies to the its range, we are required to promptly community, industry, or any other List of Endangered and Threatened publish a proposal in the Federal interested parties concerning this Wildlife. We also propose a rule under Register and make a determination on proposed rule. We particularly seek the authority of section 4(d) of the Act our proposal within 1 year. Listing a comments concerning: that provides measures that are species as an endangered or threatened (1) The eastern black rail’s biology, necessary and advisable to provide for species can only be completed by range, and population trends, including: the conservation of the eastern black issuing a rule. (a) Biological or ecological rail. We have determined that This rule proposes to list the eastern requirements of the subspecies, designation of critical habitat for the black rail (Laterallus jamaicensis including habitat requirements for eastern black rail is not prudent at this jamaicensis) as a threatened species and feeding, breeding, and sheltering; time, but we are seeking public to provide measures under section 4(d) (b) Genetics and taxonomy; comment on that determination. of the Act that are tailored to our current (c) Historical and current range, DATES: We will accept comments understanding of the conservation needs including distribution patterns; received or postmarked on or before of the eastern black rail. (d) Historical and current population December 10, 2018. Comments The basis for our action. Under the levels, and current and projected trends; submitted electronically using the Act, we may determine that a species is and Federal eRulemaking Portal (see an endangered or threatened species (e) Past and ongoing conservation ADDRESSES, below) must be received by based on any of five factors: (A) The measures for the subspecies, its habitat, 11:59 p.m. Eastern Time on the closing present or threatened destruction, or both. VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 PO 00000 Frm 00084 Fmt 4702 Sfmt 4702 E:\FR\FM\09OCP1.SGM 09OCP1 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules 50611 (2) Factors that may affect the Please include sufficient information assumptions, and analyses. In continued existence of the subspecies, with your submission (such as scientific accordance with our joint policy on peer which may include habitat modification journal articles or other publications) to review published in the Federal or destruction, overutilization, disease, allow us to verify any scientific or Register on July 1, 1994 (59 FR 34270), predation, the inadequacy of existing commercial information you include. we sought the expert opinions of 10 regulatory mechanisms, or other natural Please note that submissions merely appropriate and independent specialists or manmade factors. stating support for or opposition to the with expertise in eastern black rail (3) Biological, commercial trade, or action under consideration without ecology and modeling regarding the other relevant data concerning any providing supporting information, SSA report (Service 2018, entire) that threats (or lack thereof) to the eastern although noted, will not be considered supports this proposed rule. We black rail and existing regulations that in making a determination, as section received comments from 5 of the 10 may be addressing those threats. 4(b)(1)(A) of the Act directs that peer reviewers. determinations as to whether any (4) Additional information concerning Previous Federal Action the historical and current status, range, species is an endangered or threatened distribution, and population size of the species must be made ‘‘solely on the In April 2010, the Center for eastern black rail, including the basis of the best scientific and Biological Diversity (CBD) petitioned locations of any additional populations commercial data available.’’ the Service to list 404 aquatic, riparian, of this subspecies. You may submit your comments and and wetland species from the (5) The reasons why areas should or materials concerning this proposed rule southeastern United States under the should not be designated as critical by one of the methods listed in Act. The eastern black rail was among these 404 species. On September 27, habitat as provided by section 4 of the ADDRESSES. We request that you send 2011, the Service published a 90-day Act (16 U.S.C. 1531 et seq.), including comments only by the methods finding that the petition presented the possible risks or benefits of described in ADDRESSES. substantial scientific or commercial designating critical habitat, including If you submit information via http:// information indicating that listing may risks associated with publication of www.regulations.gov, your entire be warranted for 374 species, including maps designating any area on which submission—including any personal the eastern black rail (76 FR 59836). On this subspecies may be located, now or identifying information—will be posted September 13, 2012, CBD filed a in the future, as critical habitat. We on the website. If your submission is complaint against the Service for failure specifically request information on the made via a hardcopy that includes to complete a 12-month finding for the threats of taking or other human personal identifying information, you eastern black rail.