Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken Removed From the List of Endangered and Threatened Wildlife, 47047-47048 [2016-17149]

Download as PDF Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations Flexibility Act, 5 U.S.C. 601, et seq. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. Dated: July 6, 2016. Mark Walter, Acting Chief Acquisition Officer. (3) Paperwork Reduction Act BILLING CODE 6116–01–P [FR Doc. 2016–17137 Filed 7–19–16; 8:45 am] The rule does not establish a new collection of information that requires the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). Government procurement. PART 752—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for part 752 continues to read as follows: Authority: Sec. 621, Pub. L. 87–195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 Comp., p. 435. 2. Amend 752.247–70: i. In paragraph (a), by removing the words ‘‘46 U.S.C. 1241(b)’’ and adding in their place the words ‘‘46 U.S.C. 55305)’’ and removing the words ‘‘at least 75 percent’’ and adding in their place the words ‘‘at least 50 percent’’; ■ ii. In paragraph (b), by removing the words ‘‘programs or activities’’ and adding in their place the word ‘‘program’’ and removing the words ‘‘50 or 75 percent’’ and adding in their place the words ‘‘50 percent’’; ■ iii. In paragraph (c)(1) introductory text, by removing the words ‘‘the Division of National Cargo, Office of Cargo Preference, Maritime Administration, U.S. Department of Transportation, Washington, DC 20590’’ and adding in their place the words ‘‘Office of Cargo and Commercial Sealift, Maritime Administration (MARAD), U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590’’; and ■ iv. By adding paragraph (c)(1)(iii). The addition reads as follows: ■ ■ rmajette on DSK2TPTVN1PROD with RULES 752.247–70 Preference for privately owned U.S.-flag commercial vessels. * * * * (c)(1) * * * (iii) For all shipments, scanned copies for MARAD must be sent to: Cargo.MARAD@DOT.gov. * * * * * Jkt 238001 Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken Removed From the List of Endangered and Threatened Wildlife Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: ■ 14:53 Jul 19, 2016 50 CFR Part 17 RIN 1018–BB67 For the reasons discussed in the preamble, USAID amends 48 CFR part 752 as set forth below: VerDate Sep<11>2014 Fish and Wildlife Service [Docket No. FWS–R2–ES–2016–0028; 4500030113] List of Subjects in 48 CFR Part 752 * DEPARTMENT OF THE INTERIOR 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: SUMMARY: 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. PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 47047 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 prairiechicken 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 prairiechicken. 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 prairiechicken 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 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. § 17.11 [Amended] 2. Amend § 17.11(h) by removing the entry for ‘‘Prairie-chicken, lesser’’ from the List of Endangered and Threatened Wildlife. ■ E:\FR\FM\20JYR1.SGM 20JYR1 47048 § 17.41 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations [Amended] 3. Amend § 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] rmajette on DSK2TPTVN1PROD with RULES BILLING CODE 4333–15–P 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

Agencies

[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47047-47048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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