81_FR_47186 81 FR 47047 - Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken Removed From the List of Endangered and Threatened Wildlife

81 FR 47047 - Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken Removed From the List of Endangered and Threatened Wildlife

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 139 (July 20, 2016)

Page Range47047-47048
FR Document2016-17149

We, the U.S. Fish and Wildlife Service, are issuing a final rule to comply with a court order that vacated the final rule listing the lesser prairie-chicken (Tympanuchus pallidicinctus) as a threatened species under the Endangered Species Act of 1973, as amended (Act). This final rule amends our regulations by removing the lesser prairie- chicken from the Federal List of Endangered and Threatened Wildlife and by removing the rule issued under section 4(d) of the Act for the lesser prairie-chicken.

Federal Register, Volume 81 Issue 139 (Wednesday, July 20, 2016) 
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47047-47048]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17149]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2016-0028; 4500030113]
RIN 1018-BB67


Endangered and Threatened Wildlife and Plants; Lesser Prairie-
Chicken Removed From the List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, are issuing a final 
rule to comply with a court order that vacated the final rule listing 
the lesser prairie-chicken (Tympanuchus pallidicinctus) as a threatened 
species under the Endangered Species Act of 1973, as amended (Act). 
This final rule amends our regulations by removing the lesser prairie-
chicken from the Federal List of Endangered and Threatened Wildlife and 
by removing the rule issued under section 4(d) of the Act for the 
lesser prairie-chicken.

DATES: This rule is effective July 20, 2016.

FOR FURTHER INFORMATION CONTACT: Debra Bills, Field Supervisor, 
Arlington Ecological Services Field Office, 2005 NE. Green Oaks Blvd., 
Suite 140, Arlington, TX 76006; by telephone 817-277-1100; or by 
facsimile 817-277-1129. Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 
800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    On April 10, 2014, we published in the Federal Register a final 
rule (79 FR 19974) listing the lesser prairie-chicken (Tympanuchus 
pallidicinctus) as a threatened species under the Act (16 U.S.C. 1531 
et seq.) in part 17 of title 50 of the Code of Federal Regulations (50 
CFR 17.11(h)). On the same day, we published a final rule under section 
4(d) of the Act (``4(d) rule'') for the lesser prairie-chicken (79 FR 
20074) at 50 CFR 17.41(d). Please see the April 10, 2014, final listing 
rule for a complete discussion of previous Federal actions.
    On June 9, 2014, the Permian Basin Petroleum Association; Chaves 
County, New Mexico; Roosevelt County, New Mexico; Eddy County, New 
Mexico; and Lea County, New Mexico (plaintiffs) filed a lawsuit 
challenging the Service's final rule to list the lesser prairie-chicken 
as a threatened species under the Act. On September 1, 2015, the U.S. 
District Court for the District of West Texas issued an order vacating 
the final listing rule for the lesser prairie-chicken. By invalidating 
the rule listing the species, the court decision also had the effect of 
invalidating the 4(d) rule.

Administrative Procedure

    This rulemaking is necessary to comply with the September 1, 2015, 
court order. Therefore, under these circumstances, the Director has 
determined, pursuant to 5 U.S.C. 553(b)(3)(B), that prior notice and 
opportunity for public comment are unnecessary. Because the court order 
had legal effect immediately upon being filed on September 1, 2015, the 
Director has further determined, pursuant to 5 U.S.C. 553(d)(3), that 
the agency has good cause to make this rule effective immediately upon 
publication.

Effects of the Rule

    This rule is an administrative action to remove the lesser prairie-
chicken from the Federal List of Endangered and Threatened Wildlife at 
50 CFR 17.11(h) to reflect the court's order to vacate the final rule 
listing this species. Consequently, this rule also removes the 
regulations specific to the lesser prairie-chicken at 50 CFR 17.41(d).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, for the reasons given in the preamble, we amend part 
17, subchapter B of chapter I, title 50 of the Code of Federal 
Regulations, as set forth below.

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, 
unless otherwise noted.


Sec.  17.11  [Amended]

0
2. Amend Sec.  17.11(h) by removing the entry for ``Prairie-chicken, 
lesser'' from the List of Endangered and Threatened Wildlife.

[[Page 47048]]

Sec.  17.41  [Amended]

0
3. Amend Sec.  17.41 by removing and reserving paragraph (d).

    Dated: July 7, 2016.
 Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-17149 Filed 7-19-16; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations 47047 Flexibility Act, 5 U.S.C. 601, et seq. Dated: July 6, 2016. On June 9, 2014, the Permian Basin Therefore, an Initial Regulatory Mark Walter, Petroleum Association; Chaves County, Flexibility Analysis has not been Acting Chief Acquisition Officer. New Mexico; Roosevelt County, New performed. [FR Doc. 2016–17137 Filed 7–19–16; 8:45 am] Mexico; Eddy County, New Mexico; and BILLING CODE 6116–01–P Lea County, New Mexico (plaintiffs) (3) Paperwork Reduction Act filed a lawsuit challenging the Service’s The rule does not establish a new final rule to list the lesser prairie- collection of information that requires DEPARTMENT OF THE INTERIOR chicken as a threatened species under the approval of the Office of the Act. On September 1, 2015, the U.S. Management and Budget under the Fish and Wildlife Service District Court for the District of West Paperwork Reduction Act (44 U.S.C. Texas issued an order vacating the final chapter 35). 50 CFR Part 17 listing rule for the lesser prairie- chicken. By invalidating the rule listing List of Subjects in 48 CFR Part 752 [Docket No. FWS–R2–ES–2016–0028; the species, the court decision also had 4500030113] the effect of invalidating the 4(d) rule. Government procurement. RIN 1018–BB67 Administrative Procedure For the reasons discussed in the preamble, USAID amends 48 CFR part Endangered and Threatened Wildlife This rulemaking is necessary to 752 as set forth below: and Plants; Lesser Prairie-Chicken comply with the September 1, 2015, Removed From the List of Endangered court order. Therefore, under these PART 752—SOLICITATION and Threatened Wildlife circumstances, the Director has PROVISIONS AND CONTRACT determined, pursuant to 5 U.S.C. AGENCY: Fish and Wildlife Service, CLAUSES 553(b)(3)(B), that prior notice and Interior. opportunity for public comment are ACTION: Final rule. ■ 1. The authority citation for part 752 unnecessary. Because the court order continues to read as follows: SUMMARY: We, the U.S. Fish and had legal effect immediately upon being Wildlife Service, are issuing a final rule filed on September 1, 2015, the Director Authority: Sec. 621, Pub. L. 87–195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. to comply with a court order that has further determined, pursuant to 5 12163, Sept. 29, 1979, 44 FR 56673; and 3 vacated the final rule listing the lesser U.S.C. 553(d)(3), that the agency has CFR 1979 Comp., p. 435. prairie-chicken (Tympanuchus good cause to make this rule effective pallidicinctus) as a threatened species immediately upon publication. ■ 2. Amend 752.247–70: under the Endangered Species Act of Effects of the Rule ■ i. In paragraph (a), by removing the 1973, as amended (Act). This final rule words ‘‘46 U.S.C. 1241(b)’’ and adding This rule is an administrative action amends our regulations by removing the in their place the words ‘‘46 U.S.C. to remove the lesser prairie-chicken lesser prairie-chicken from the Federal 55305)’’ and removing the words ‘‘at from the Federal List of Endangered and List of Endangered and Threatened least 75 percent’’ and adding in their Threatened Wildlife at 50 CFR 17.11(h) Wildlife and by removing the rule to reflect the court’s order to vacate the place the words ‘‘at least 50 percent’’; issued under section 4(d) of the Act for final rule listing this species. ■ ii. In paragraph (b), by removing the the lesser prairie-chicken. Consequently, this rule also removes the words ‘‘programs or activities’’ and DATES: This rule is effective July 20, regulations specific to the lesser prairie- adding in their place the word 2016. chicken at 50 CFR 17.41(d). ‘‘program’’ and removing the words ‘‘50 FOR FURTHER INFORMATION CONTACT: or 75 percent’’ and adding in their place List of Subjects in 50 CFR Part 17 Debra Bills, Field Supervisor, Arlington the words ‘‘50 percent’’; Ecological Services Field Office, 2005 Endangered and threatened species, ■ iii. In paragraph (c)(1) introductory NE. Green Oaks Blvd., Suite 140, Exports, Imports, Reporting and text, by removing the words ‘‘the Arlington, TX 76006; by telephone 817– recordkeeping requirements, Division of National Cargo, Office of 277–1100; or by facsimile 817–277– Transportation. Cargo Preference, Maritime 1129. Persons who use a Regulation Promulgation Administration, U.S. Department of telecommunications device for the deaf Transportation, Washington, DC 20590’’ Accordingly, for the reasons given in (TDD) may call the Federal Information and adding in their place the words the preamble, we amend part 17, Relay Service (FIRS) at 800–877–8339. ‘‘Office of Cargo and Commercial subchapter B of chapter I, title 50 of the SUPPLEMENTARY INFORMATION: Sealift, Maritime Administration Code of Federal Regulations, as set forth (MARAD), U.S. Department of Background below. Transportation, 1200 New Jersey Ave. On April 10, 2014, we published in PART 17—ENDANGERED AND SE., Washington, DC 20590’’; and the Federal Register a final rule (79 FR THREATENED WILDLIFE AND PLANTS ■ iv. By adding paragraph (c)(1)(iii). 19974) listing the lesser prairie-chicken (Tympanuchus pallidicinctus) as a ■ 1. The authority citation for part 17 The addition reads as follows: threatened species under the Act (16 continues to read as follows: 752.247–70 Preference for privately owned U.S.C. 1531 et seq.) in part 17 of title 50 Authority: 16 U.S.C. 1361–1407; 1531– U.S.-flag commercial vessels. of the Code of Federal Regulations (50 1544; and 4201–4245, unless otherwise CFR 17.11(h)). On the same day, we rmajette on DSK2TPTVN1PROD with RULES * * * * * noted. published a final rule under section 4(d) (c)(1) * * * § 17.11 [Amended] of the Act (‘‘4(d) rule’’) for the lesser (iii) For all shipments, scanned copies prairie-chicken (79 FR 20074) at 50 CFR ■ 2. Amend § 17.11(h) by removing the for MARAD must be sent to: 17.41(d). Please see the April 10, 2014, entry for ‘‘Prairie-chicken, lesser’’ from Cargo.MARAD@DOT.gov. final listing rule for a complete the List of Endangered and Threatened * * * * * discussion of previous Federal actions. Wildlife. VerDate Sep<11>2014 14:53 Jul 19, 2016 Jkt 238001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\20JYR1.SGM 20JYR1

47048 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations § 17.41 [Amended] Dated: July 7, 2016. Daniel M. Ashe, ■ 3. Amend § 17.41 by removing and Director, U.S. Fish and Wildlife Service. reserving paragraph (d). [FR Doc. 2016–17149 Filed 7–19–16; 8:45 am] BILLING CODE 4333–15–P rmajette on DSK2TPTVN1PROD with RULES VerDate Sep<11>2014 14:53 Jul 19, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4700 Sfmt 9990 E:\FR\FM\20JYR1.SGM 20JYR1


Document Created: 2018-02-08 07:57:17
Document Modified: 2018-02-08 07:57:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective July 20, 2016.
ContactDebra Bills, Field Supervisor, Arlington Ecological Services Field Office, 2005 NE. Green Oaks Blvd., Suite 140, Arlington, TX 76006; by telephone 817-277-1100; or by facsimile 817-277-1129. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.
FR Citation81 FR 47047 
RIN Number1018-BB67
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation
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