40996 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Proposed Rules 

Line item No. Critical component/end 

product 

Percentage of domestic 

content 

[List as necessary] 

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[FR Doc. 2021–15881 Filed 7–29–21; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2020–0125; 

FF09E22000 FXES11130900000 212] 

RIN 1018–BE41 

Endangered and Threatened Wildlife 

and Plants; Removing Adiantum 

vivesii From the Federal List of 

Endangered and Threatened Plants 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

remove the plant Adiantum vivesii (no 

common name) from the Federal List of 

Endangered and Threatened Plants 

(List). Our review of the best available 

scientific and commercial data, 

including peer reviewer comments 

received on the 5-year status review 

(2008), indicate that A. vivesii is not a 

distinct species, but rather a sterile 

hybrid that does not have the capacity 

to establish a lineage that could be lost 

to extinction. Therefore, A. vivesii is not 

a listable entity under the Endangered 

Species Act of 1973, as amended (Act). 

DATES: We will accept comments 

received or postmarked on or before 

September 28, 2021. Comments 

submitted electronically using the 

Federal eRulemaking Portal (see 

ADDRESSES, below) must be received by 

11:59 p.m. Eastern Time on the closing 

date. We must receive requests for a 

public hearing, in writing, at the address 

shown in FOR FURTHER INFORMATION

CONTACT by September 13, 2021. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter FWS–R4–ES–2020–0125, which is 

the docket number for this rulemaking. 

Then, click on the Search button. On the 

resulting page, in the Search panel on 

the left side of the screen, under the 

Document Type heading, check the 

Proposed Rule box to locate this 

document. You may submit a comment 

by clicking on ‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–R4–ES–2020–0125, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see 

Information Requested, below, for more 

information). 

Availability of supporting materials: 

This proposed rule and supporting 

documents, including the 5-year review, 

are available at https://www.fws.gov/ 

southeast/caribbean/ and http://

www.regulations.gov under Docket No. 

FWS–R4–ES–2020–0125. 

FOR FURTHER INFORMATION CONTACT: 

Edwin Mun ̃iz, Field Supervisor, 

Caribbean Ecological Services Field 

Office, P.O. Box 491, Boquero ́n, PR 

00622; telephone 787–851–7297. 

Persons who use a telecommunications 

device for the deaf (TDD) may call the 

Federal Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Information Requested 

We intend that any final action 

resulting from this proposed rule will be 

based on the best scientific and 

commercial data available and be as 

accurate and as effective as possible. 

Therefore, we request comments or 

information from other concerned 

governmental agencies, the scientific 

community, industry, or any other 

interested parties concerning this 

proposed rule. 

We particularly seek comments 

concerning: 

(1) Reasons we should or should not 

remove A. vivesii from the List of 

Endangered and Threatened Plants. 

(2) The location and characteristics of 

any additional populations not 

considered in previous work that might 

have bearing on the current taxonomic 

interpretation. 

(3) Additional information concerning 

range, distribution, and population 

sizes, particularly if it would assist in 

the evaluation of the accuracy of the 

current taxonomic interpretation. 

Please include sufficient information 

with your submission (such as scientific 

journal articles or other publications) to 

allow us to verify any scientific or 

commercial information you include. 

Please note that submissions merely 

stating support for, or opposition to, the 

action under consideration without 

providing supporting information, 

although noted, will not be considered 

in making a determination, as section 

4(b)(1)(A) of the Act directs that 

determinations as to whether any 

species is an endangered or a threatened 

species must be made ‘‘solely on the 

basis of the best scientific and 

commercial data available.’’ 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in 

ADDRESSES. We request that you send 

comments only by the methods 

described in ADDRESSES. 

If you submit information via http:// 

www.regulations.gov, your entire 

submission—including any personal 

identifying information—will be posted 

on the website. If your submission is 

made via a hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy submissions 

on http://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on http://www.regulations.gov. 

Because we will consider all 

substantial comments and information 

received during the comment period, 

our final determinations may differ from 

this proposal. Based on the new 

information we receive (and any 

comments on that new information), we 

may conclude that the species is a valid 

listable entity and should remained 

listed as endangered, or be reclassified 

from endangered to threatened. 

Public Hearing 

Section 4(b)(5) of the Act provides for 

a public hearing on this proposal, if 

requested. Requests must be received by 

the date specified in DATES. Such 

requests must be sent to the address 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Proposed Rules 40997 

shown in FOR FURTHER INFORMATION

CONTACT. We will schedule a public 

hearing on this proposal, if requested, 

and announce the date, time, and place 

of the hearing, as well as how to obtain 

reasonable accommodations, in the 

Federal Register and local newspapers 

at least 15 days before the hearing. For 

the immediate future, we will provide 

these public hearings using webinars 

that will be announced on the Service’s 

website, in addition to the Federal 

Register. The use of these virtual public 

hearings is consistent with our 

regulations 50 CFR 424.16(c)(3). 

Peer Review 

In accordance with our policy, 

‘‘Notice of Interagency Cooperative 

Policy for Peer Review in Endangered 

Species Act Activities,’’ which was 

published on July 1, 1994 (59 FR 

34270), and our August 22, 2016, 

Director’s Memorandum ‘‘Peer Review 

Process,’’ we will seek the expert 

opinion of at least three appropriate and 

independent specialists regarding 

scientific data and interpretations 

contained in this proposed rule. We will 

send copies of this proposed rule to the 

peer reviewers immediately following 

publication in the Federal Register. We 

will ensure that the opinions of peer 

reviewers are objective and unbiased by 

following the guidelines set forth in the 

Director’s Memo, which updates and 

clarifies Service policy on peer review 

(U.S. Fish and Wildlife Service 2016). 

The purpose of such review is to ensure 

that our decisions are based on 

scientifically sound data, assumptions, 

and analysis. Accordingly, our final 

decision may differ from this proposal. 

Previous Federal Actions 

A. vivesii was recommended for 

Federal listing in an interagency 

workshop held to discuss candidate 

plants in September 1988. The species 

was subsequently included as a 

‘‘category 1’’ species (species for which 

the Service has substantial information 

supporting the appropriateness of 

proposing to list them as endangered or 

threatened) in our February 21, 1990, 

notice of review (55 FR 6184). We listed 

A. vivesii as endangered under the Act 

on June 9, 1993 (58 FR 32308). We 

assigned the species a recovery priority 

number of 5, which reflected a high 

degree of threat and low recovery 

potential. We did not designate critical 

habitat for A. vivesii. 

We completed two 5-year reviews for 

A. vivesii, the first on June 10, 2008 (see 

the announcement initiating the review 

at 70 FR 53807, September 12, 2005), 

and the second on September 25, 2018 

(see the announcement initiating the 

review at 82 FR 29916, June 30, 2017). 

Both 5-year reviews recommended 

delisting due to the entity not meeting 

the Act’s definition of a species. 

Background 

Entity Description 

A. vivesii is found growing in colonies 

(clusters) where the rhizome (rootstock 

or underground stem) spreads 

horizontally. The fronds (leaves) are 

distichous (arranged in one plane) and 

erect-spreading with broad and irregular 

lance-oblong blades. The blades have 

two or three alternate or occasionally 

subopposite pinnae (segment of leaf), 

with a larger terminal pinna. The 

terminal pinnae are stalked often 

somewhat inequilateral with 

approximately 10 to 13 pairs of 

alternate, narrowly oblong-falcate 

pinnules (smaller segments of a leaf), 

shaped unequally cuneate at the base. 

The irregularly-branched stalks are 

lustrous purple-black with hairlike 

scales. The rachis (axis of a fern leaf) 

and costae (central vein of a leaf) are 

more densely covered with hairlike 

scales than the stipe. The outer sterile 

margins of the pinna are irregularly 

serrulate (serrated teeth), and the tissue 

is dull green on both sides. Five elliptic 

to linear sori (sacks of spores) are borne 

along the basal half of the acroscopic 

(facing the apex) margin. The sori are 

also close or contiguous, but remain 

distinct, and the indusium flap (tissue 

covering the sori) is gray-brown and 

turgid, with an erose (irregular) margin 

(Proctor 1989, p. 140; USFWS 1995, pp. 

1–2). 

Distribution and Habitat 

A. vivesii is found in the limestone or 

karst region of northwestern Puerto 

Rico. This region is underlain by 

limestone rocks of the Oligocene or 

Miocene age. Topography varies 

throughout the karst region, from 

extremely rugged to gentle rolling hills. 

Canyons, sinkholes, and subterranean 

rivers, as well as these rolling hills, are 

the most common features of the region. 

Soils in the limestone hills are shallow, 

well-drained, alkaline, and interspersed 

between limestone outcrops (Lugo et al. 

2001, pp. 13–26; USFWS 1995, pp. 6– 

7). A. vivesii occurs within the semievergreen seasonal forests of the 

subtropical moist forest life zone (Ewel 

and Whitmore 1973, p. 20). This life 

zone, which covers 58 percent of the 

total area of Puerto Rico and the U.S. 

Virgin Islands, is delineated by a mean 

annual rainfall of between 1,000 to 

1,100 mm (40 to 44 in) and about 2,000 

to 2,200 mm (80 to 88 in) and a mean 

temperature between about 18 and 24 

degrees Centigrade (64.4 and 75.2 

degrees Fahrenheit) (Ewel and 

Whitmore 1973, p. 20). A. vivesii occurs 

in a deeply shaded hollow at the base 

of a limestone hill in Quebradillas 

(USFWS 1995, p. 7). 

When the species was listed in 1993, 

it was known from only one population 

on a privately owned limestone hill in 

Quebradillas. That population was 

estimated at 1,000 plants or growing 

apices by Proctor (1991, p. 5). The 

population was later documented at the 

same location occurring in an area of 21 

meters (m) by 10 m (68.9 feet (ft) by 32.8 

ft) by Sepu ́lveda-Orengo (2000, p. 21). In 

the vicinity of this area, eight other 

species of the genus Adiantum were 

found (A. cristatum, A. fragile, A. 

latifolium, A. melanoleucum, A. 

pulverulentum, A. tenerum, A. 

tetraphyllum, and A. wilsonii). The fern 

A. tetraphyllum was growing intermixed 

within the area occupied by A. vivesii 

(Sepu ́lveda-Orengo 2000, p. 22). 

Surveys conducted in 2017 at the type 

locality (the location where the 

specimen was first identified) were 

unable to identify material that 

morphologically matched the original 

type specimen (despite similarities), nor 

any clonal stand of Adiantum material 

as it had been described there in 1991 

and 2000 (Possley et al. 2020, p. 6). 

These results suggest that A. vivesii is 

extirpated from the only known 

location. 

Taxonomy 

A. vivesii was believed to be a fern of 

the family Pteridaceae. It was described 

by Dr. George R. Proctor in 1985, from 

specimens collected by Miguel Vives 

and William Estremera at San Antonio 

Ward in the municipality of 

Quebradillas, Puerto Rico (Proctor 1989, 

p. 140). Non-genetic research on A. 

vivesii after it was described as a species 

suggested this fern is actually a single 

sterile hybrid plant, rather than a 

population of individuals of a species 

(Sepu ́lveda-Orengo 2000, entire). 

Excavations at different points 

throughout the entire ‘‘population’’ of 

A. vivesii found rhizome, or 

underground stem, connections between 

most of the apparent individual ferns 

(Sepu ́lveda-Orengo 2000, p. 21). 

Plantings of two 10-centimeter (4-inch) 

rhizome segments (planted in pots using 

the same soil from the colony location) 

of A. vivesii grew into healthy plants 

within about 3 months (Sepu ́lvedaOrengo 2000, p. 21). Production of 

sporangia (structures from which the 

reproductive gametophytes arise) was 

observed throughout the year, but actual 

gametophytes (structures containing 

sperm and eggs, or gametes) were not 


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40998 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Proposed Rules 

observed. The lack of gamete production 

but growth of fronds from rhizome 

segments suggests that the A. vivesii 

‘‘population’’ consists of only one 

individual with rhizome proliferations 

(below-ground stems). 

A morphometric analysis of A. vivesii 

and the co-occurring species, A. 

tetraphyllum, was conducted on 21 

vegetative characters and one spore 

character (Sepu ́lveda-Orengo 2000, p. 

22). In conjunction with the 

morphometric analysis, the following 

studies of A. vivesii and A. tetraphyllum 

were conducted: Chromosome counts; 

light microscopy observations of fresh 

or dried pinnules, sori, and sporangia; 

and scanning electron microscopy 

(SEM) of rhizomes, fertile pinnules, and 

spores. The morphometric analysis 

showed significant differences between 

A. vivesii and A. tetraphyllum for 16 of 

the vegetative characters as well as 

spore size, revealing that A. vivesii is 

morphologically different. Based on the 

results, the morphological features that 

best distinguish A. vivesii from A. 

tetraphyllum are the number of lateral 

pinnae and the number of pinnules on 

each lateral pinna, which are fewer in 

A. vivesii. Although there are 

morphological differences, chromosome 

number in each taxon appears to be 

similar (Sepu ́lveda-Orengo 2000, p. 23), 

indicating A. vivesii is not a polyploid 

(possesses more than two sets of 

chromosomes), a common cause of 

sterility in plants. 

Based on spore observations in the 

light microscopy and SEM studies, A. 

vivesii appears to be a sterile hybrid 

(Sepu ́lveda-Orengo 2000, p. 31). The 

greater variation in spore size in A. 

vivesii observed in these studies was 

mainly produced by spore abortion. 

These observations of sori containing 

abortive sporangia and spores suggested 

A. vivesii is indeed a hybrid (Sepu ́lvedaOrengo 2000, p. 29). Further, the forms 

of the spores of A. vivesii are different 

from A. tetraphyllum because of the 

collapse of the exospore (outer layer of 

the spore membrane) that is associated 

with the absence of the protoplast (plant 

cell with no cell wall). Mature spores of 

A. vivesii are more compactly 

constructed than those of A. 

tetraphyllum, with the sporangia 

appearing as more or less globular 

objects tightly grouped together, which 

is consistent with the sorus (spore 

producing structure) of a hybrid 

(Sepu ́lveda-Orengo 2000, p. 28). 

Based on the initial taxonomic 

analysis discussed above, A. vivesii does 

not appear to be a distinct species 

(Sepu ́lveda-Orengo 2000, entire). This 

analysis showed that sporangia and 

spores were produced throughout the 

year, but signs of sexual reproduction as 

gametophytes or small plants were not 

observed. The plant instead reproduces 

vegetatively (asexually), and the entire 

colony seems to be the result of 

vegetative reproduction via rhizomes 

from a single, sterile individual 

(Sepu ́lveda-Orengo 2000, pp. 26–31). 

More recently, the Fairchild Tropical 

Botanical Garden (Fairchild) has been 

collaborating with the Service on the 

assessment of endangered ferns 

including A. vivesii (Possley and Lange, 

2016 and 2017, p. 4; Possley et al. 2020, 

pp. 5–11). In 2017, fieldwork was 

conducted to assess the colony of A. 

vivesii and collect material for genetic 

analyses. Fairchild engaged Dr. Emily 

Sessa from the University of Florida 

(UF) to assist on a genetic study to 

validate whether A. vivesii is a hybrid 

as indicated by Sepu ́lveda-Orengo 

(2000, p. 29). 

Leaf material for DNA extraction was 

collected in the field in Puerto Rico in 

February 2017, and from herbarium 

specimens, including the isotype 

(duplicate or very similar type 

specimen) for A. vivesii. A total of 27 

specimens were sampled: 5 identified as 

A. latifolium, 2 as A. obliquum, 3 as A. 

petiolatum, 4 as A. pyramidale, 5 as A. 

tetraphyllum, 4 as A. vivesii, and 4 

unidentified Adiantum individuals 

(Possley et al. 2020, p. 6). 

The analysis found that five samples, 

including the A. vivesii isotype, had 

sequence variants that fell in different 

groups, which indicate their hybrid 

origin (Possley et al. 2020, p. 10). The 

genetic sequencing further indicates that 

A. vivesii is of hybrid origin with A. 

petiolatum as one parent and the other 

parent likely being A. tetraphyllum 

(Possley et al. 2020, p. 10). 

The Act and supporting regulations 

define a species as any species or 

subspecies of fish, wildlife, or plant, 

and any distinct population segment of 

any vertebrate species that interbreeds 

when mature, but do not further define 

the terms ‘‘species’’ or ‘‘subspecies’’ 

used in this definition. Rather, per 50 

CFR 424.11(a), the Service shall rely on 

standard taxonomic distinctions and the 

biological expertise of the agency and 

the scientific community in determining 

whether a particular taxon or 

population is a species for the purposes 

of the Act. The standard biological 

definition of a ‘‘species’’ is a group of 

organisms that are capable of 

interbreeding when mature. The 

application of this definition becomes 

more complicated with plant species, as 

many can exhibit asexual reproduction 

(NRC 1995, p. 50). For this reason, we 

consulted with experts to assist in 

determining the appropriate treatment 

for this entity (Riibe 2020, pers. comm.; 

Sessa 2020, pers. comm). Based upon 

expert input, here we are considering a 

species to be a distinct unit with a 

natural evolutionary trajectory, meaning 

that it has the ability to establish a 

lineage that could be lost to extinction 

(NRC 1995, p. 54; Riibe 2020, pers. 

comm.; Sessa 2020, pers. comm.). In the 

case of A. vivesii, it was determined to 

be a sterile hybrid by Sepulveda-Orengo 

(2000, entire), indicating that A. vivesii 

is unable to sexually reproduce and is 

unlikely to perpetuate into the future. 

This research also demonstrated that the 

only known population was comprised 

of clonal individuals resulting from 

rhizome proliferations, some of which 

eventually fragmented. Despite the 

extensive botanical research and 

inventories in Puerto Rico by the late 

Dr. George Proctor (former authority on 

ferns across the Caribbean) and other 

experts, A. vivesii remains only known 

from the type locality. Additionally, 

during the latest field surveys at the 

type locality (2017), the Fairchild team 

was unable to locate material that 

morphologically matched the type 

specimen (despite similarities), nor any 

clonal stand of Adiantum material as 

described by Proctor and SepulvedaOrengo (Possley et al. 2020, p. 6). The 

team collected a variety of morphotypes 

from the type locality for genetic 

sequencing at the University of Florida; 

however, none of the material was a 

genetic match to A. vivesii. These results 

suggest that A. vivesii is extirpated from 

the only known location. Recent 

research has confirmed that A. vivesii is 

a sterile hybrid that does not have the 

capacity to establish a lineage that could 

be lost to extinction; consequently, we 

have determined that it does not qualify 

as a listable entity under the Act. 

Determination of Adiantum vivesii’s 

Status 

Section 4 of the Act (16 U.S.C. 1533) 

and its implementing regulations (50 

CFR part 424) set forth the procedures 

for adding species to, removing species 

from, or reclassifying species on the 

Lists. Our regulations (50 CFR 424.11(e)) 

state that the Secretary shall delist a 

species if the Secretary finds that, after 

conducting a status review based on the 

best scientific and commercial data 

available: 

(1) The species is extinct; 

(2) The species does not meet the 

definition of an endangered species or a 

threatened species. In making such a 

determination, we consider the same 

five factors and apply the same 

standards set forth as for listing and 

reclassification; or 


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(3) The listed entity does not meet the 

statutory definition of a species. 

Under section 3 of the Act and our 

implementing regulations at 50 CFR 

424.02, a ‘‘species’’ includes any 

subspecies of fish or wildlife or plants, 

and any distinct population segment of 

any species of vertebrate fish or wildlife 

which interbreeds when mature. As 

such, a species under the Act may 

include any taxonomically defined 

species of fish, wildlife, or plant; any 

taxonomically defined subspecies of 

fish, wildlife, or plant; or any distinct 

population segment of any vertebrate 

species as determined by us per our 

Policy Regarding the Recognition of 

District Vertebrate Population Segments 

Under the Endangered Species Act (61 

FR 4722; February 7, 1996). 

Our implementing regulations 

provide further guidance on 

determining whether a particular taxon 

or population is a species or subspecies 

for the purposes of the Act; under 50 

CFR 424.11(a), the Service shall rely on 

standard taxonomic distinctions and the 

biological expertise of the agency and 

the scientific community in determining 

whether a particular taxon or 

population is a species for the purposes 

of the Act. For each species, section 

4(b)(1)(A) of the Act mandates that we 

use the best scientific and commercial 

data available for each individual 

species under consideration. Given the 

wide range of taxa and the multitude of 

situations and types of data that apply 

to species under review, the application 

of a single set of criteria that would be 

applicable to all taxa is not practical or 

useful. In addition, because of the wide 

variation in kinds of available data for 

a given circumstance, we do not assign 

a priority or weight to any particular 

type of data, but must consider it in the 

context of all the available data for a 

given species. 

To determine what constitutes a 

listable entity under the Act, we 

evaluate and consider all available types 

of data, which may or may not include 

genetic information, to determine 

whether a taxon is a distinguishable 

species or subspecies. As a matter of 

practice, and in accordance with our 

regulations, in deciding which 

alternative taxonomic interpretations to 

recognize, the Service rely on the 

professional judgment available within 

the Service and the scientific 

community to evaluate the most recent 

taxonomic studies and other relevant 

information available for the subject 

species. Therefore, we continue to make 

listing decisions based solely on the best 

scientific and commercial data available 

for each species under consideration on 

a case-by-case basis. 

In making our determination whether 

we recognize A. vivesii as a listable 

entity, we considered all available data 

that may inform the taxonomy of A. 

vivesii, such as ecology, morphology, 

and genetics, as well as expert opinion 

(Riibe 2020, pers. comm.; Sessa 2020, 

pers. comm). Here, we considered the 

ability of an entity to establish a lineage 

that could be lost to extinction in our 

determination of whether the species 

constituted a listable entity. 

After a review of all information 

available, we propose to remove A. 

vivesii from the List of Endangered and 

Threatened Plants at 50 CFR 17.12. 

Since the time of listing, additional 

studies have shown that A. vivesii is not 

a distinct species, but rather consists of 

a sterile hybrid with rhizome 

proliferations that lacks the ability to 

establish a lineage that could be lost to 

extinction. As a result, we have 

determined that the entity is not a 

listable entity under the Act. 

Determination of Status 

Our review of the best available 

scientific and commercial information 

available indicates that A. vivesii is not 

a valid taxonomic entity and, therefore, 

does not meet the definition of a species 

under the Act. Accordingly, we propose 

to remove A. vivesii from the List of 

Endangered and Threatened Plants per 

50 CFR 424.11(e)(3). 

Effects of This Rule 

This proposed rule, if made final, 

would revise 50 CFR 17.12(h) by 

removing A. vivesii from the Federal 

List of Endangered and Threatened 

Plants. The prohibitions and 

conservation measures provided by the 

Act, particularly through sections 7 and 

9, would no longer apply to A. vivesii. 

Federal agencies would no longer be 

required to consult with the Service 

under section 7 of the Act in the event 

that activities they authorize, fund, or 

carry out may affect A. vivesii. There is 

no critical habitat designated for A. 

vivesii, so there would be no effect to 50 

CFR 17.96. 

Required Determinations 

Clarity of the Rule 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(1) Be logically organized; 

(2) Use the active voice to address 

readers directly; 

(3) Use clear language rather than 

jargon; 

(4) Be divided into short sections and 

sentences; and 

(5) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in ADDRESSES. To 

better help us revise the rule, your 

comments should be as specific as 

possible. For example, you should tell 

us the numbers of the sections or 

paragraphs that are unclearly written, 

which sections or sentences are too 

long, the sections where you feel lists or 

tables would be useful, etc. 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

We have determined that 

environmental assessments and 

environmental impact statements, as 

defined under the authority of the 

National Environmental Policy Act 

(NEPA; 42 U.S.C. 4321 et seq.), need not 

be prepared in connection with 

determining a species’ listing status 

under the Act. We published a notice 

outlining our reasons for this 

determination in the Federal Register 

on October 25, 1983 (48 FR 49244). 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems, to acknowledge that 

Tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

We have determined that there are no 

Tribal lands that may be affected by this 

proposal. 

References Cited 

A complete list of references cited in 

this rulemaking is available on the 

internet at http://www.regulations.gov 

and upon request from the Caribbean 

Ecological Services Field Office (see FOR

FURTHER INFORMATION CONTACT). 


lotter on DSK11XQN23PROD with PROPOSALS1
41000 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Proposed Rules 

Authors 

The primary authors of this proposed 

rule are the staff members of the Fish 

and Wildlife Service’s Species 

Assessment Team and the Caribbean 

Ecological Services Field Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Proposed Regulation Promulgation 

Accordingly, we propose to 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. 

§ 17.12 [Amended] 

■ 2. In § 17.12(h) amend the table by 

removing the entry for ‘‘Adiantum 

vivesii’’ under ‘‘FERNS AND ALLIES’’ 

from the List of Endangered and 

Threatened Plants. 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2021–16248 Filed 7–29–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2021–0015; 

FF09E21000 FXES11110900000 212] 

RIN 1018–BB27 

Endangered and Threatened Wildlife 

and Plants; Lesser Prairie-Chicken; 

Threatened Status With Section 4(d) 

Rule for the Northern Distinct 

Population Segment and Endangered 

Status for the Southern Distinct 

Population Segment 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are extending 

the comment period on our June 1, 

2021, proposed rule to list two distinct 

population segments (DPSs) of the lesser 

prairie-chicken (Tympanuchus 

pallidicinctus), a grassland bird known 

from southeastern Colorado, western 

Kansas, eastern New Mexico, western 

Oklahoma, and the Texas Panhandle 

under the Endangered Species Act of 

1973, as amended (Act). We are 

extending the proposed rule’s comment 

period for 30 days to give all interested 

parties an additional opportunity to 

comment on the proposed rule. 

Comments previously submitted need 

not be resubmitted as they are already 

incorporated into the public record and 

will be fully considered in the final rule. 

DATES: The comment period on the 

proposed rule that published June 1, 

2021, at 86 FR 29432, is extended. We 

will accept comments received or 

postmarked on or before September 1, 

2021. 

ADDRESSES: Comment submission: You 

may submit comments by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter the docket number or RIN for this 

rulemaking (presented above in the 

document headings). For best results, do 

not copy and paste either number; 

instead, type the docket number or RIN 

into the Search box using hyphens. 

Then, click on the Search button. On the 

resulting page, in the panel on the left 

side of the screen, under the Document 

Type heading, check the Proposed Rule 

box to locate the document. You may 

submit a comment by clicking on 

‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–R2–ES–2021–0015, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Public 

Comments, below, for more 

information). 

FOR FURTHER INFORMATION CONTACT: 

Debra Bills, Field Supervisor, Arlington 

Ecological Services Field Office, 2005 

NE Green Oaks Blvd. Suite 140, 

Arlington, TX 76006; telephone 817– 

277–1129. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 1, 2021, we published a 

proposed rule (86 FR 29432) to list the 

Southern DPS of the lesser prairiechicken as endangered and the Northern 

DPS of the lesser prairie-chicken as 

threatened with a rule issued under 

section 4(d) of the Act. The proposed 

rule opened a 60-day comment period, 

ending August 2, 2021, and announced 

public hearings on July 8 and 14, 2021. 

On June 11, 2021, we received a request 

to extend the public comment period. 

With this document, we extend the 

public comment period for an 

additional 30 days, as specified above in 

DATES. 

Public Comments 

We will accept written comments and 

information during the extended 

comment period on our proposed rule to 

list the Southern and Northern DPSs of 

the lesser prairie-chicken. We will 

consider information and 

recommendations from all interested 

parties. We intend that any final action 

resulting from the proposal will be 

based on the best scientific and 

commercial data available and will be as 

accurate and as effective as possible. 

Our final determination will take into 

consideration all comments and any 

additional information we receive 

during the open comment period on the 

proposed rule. 

Because we will consider all 

comments and information we receive 

during the open comment period, our 

final determinations may differ from our 

June 1, 2021, proposed rule (86 FR 

29432). Based on the new information 

we receive (and any comments on that 

new information), we may conclude that 

the Southern DPS is threatened instead 

of endangered, or that the Northern DPS 

is endangered instead of threatened, or 

we may conclude that either DPS does 

not warrant listing as either an 

endangered species or a threatened 

species. In addition, we may change the 

parameters of the prohibitions or the 

exceptions to those prohibitions in the 

proposed rule issued under section 4(d) 

of the Act (i.e., the ‘‘proposed 4(d) rule’’) 

for the Northern DPS if we conclude it 

is appropriate in light of comments and 

new information received. For example, 

we may expand the prohibitions in the 

proposed 4(d) rule for the Northern DPS 

to include prohibiting additional 

activities if we conclude that those 

additional activities are not compatible 

with conservation of the species. 

Conversely, we may establish additional 

exceptions to the prohibitions in the 

final rule if we conclude that the 

activities would facilitate or are 


lotter on DSK11XQN23PROD with PROPOSALS1