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khammond on DSKJM1Z7X2PROD with PROPOSALS

Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules conservation of the subspecies. We particularly seek comments:
i Regarding whether occupied areas are adequate for the conservation of the subspecies; and ii Providing specific information regarding whether or not unoccupied areas would, with reasonable certainty, contribute to the conservation of the subspecies and contain at least one physical or biological feature essential to the conservation of the species; and iii Explaining whether or not unoccupied areas fall within the definition of habitat at 50 CFR 424.02
and why.
Please include sufficient information with your submission such as scientific journal articles, research reports, survey results, maps, 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 4b1A 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 submissionincluding any personal identifying informationwill 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 comments and information we receive during the comment period, our final determinations may differ from this proposal. Based on any new information we receive and any comments on that new information, we may conclude that the subspecies is endangered instead of threatened, or we may conclude that the subspecies does not warrant listing as either an endangered species or a
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threatened species. We may also conclude that the subspecies is not warranted for listing rangewide, but is warranted in one of the petitioned Distinct Population Segments DPSs see Previous Federal Actions, below.
In addition, we may change the parameters of the prohibitions or the exceptions to those prohibitions in the 4d rule if we conclude it is appropriate in light of comments and new information received. For example, we may expand the prohibitions 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 compatible with the conservation and recovery of the species.
Public Hearing We have scheduled a public informational meeting and public hearing on this proposed rule to list the cactus ferruginous pygmy-owl as a threatened species. We will hold the public informational meeting and public hearing on the date and at the times listed above under Public informational meeting and public hearing in DATES.
We are holding the public informational meeting and public hearing via the Zoom online video platform and via teleconference so that participants can attend remotely. For security purposes, registration is required. To listen and view the meeting and hearing via Zoom, listen to the meeting and hearing by telephone, or provide oral public comments at the public hearing by Zoom or telephone, you must register.
For information on how to register, or if you encounter problems joining Zoom the day of the meeting, visit https
www.fws.gov/southwest/. Registrants will receive the Zoom link and the telephone number for the public informational meeting and public hearing. If applicable, interested members of the public not familiar with the Zoom platform should view the Zoom video tutorials https
support.zoom.us/hc/en-us/articles/
206618765-Zoom-video-tutorials prior to the public informational meeting and public hearing. The public hearing will provide interested parties an opportunity to present verbal testimony formal, oral comments regarding this proposed rule. The public informational meeting will be an opportunity for dialogue with the Service. The public hearing is a forum for accepting formal verbal testimony. In the event there is a large attendance, the time allotted for
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oral statements may be limited.
Therefore, anyone wishing to make an oral statement at the public hearing for the record is encouraged to provide a prepared written copy of their statement to us through the Federal eRulemaking Portal, or U.S. mail see ADDRESSES, above. There are no limits on the length of written comments submitted to us.
Anyone wishing to make an oral statement at the public hearings must register before the hearing https
www.fws.gov/southwest/. The use of a virtual public hearing is consistent with our regulations at 50 CFR 424.16c3.
Reasonable Accommodation The Service is committed to providing access to the public informational meeting and public hearing for all participants. Closed captioning will be available during the public informational meeting and public hearing. Further, a full audio and video recording and transcript of the public hearing will be posted online at https
www.fws.gov/southwest/ after the hearing. Participants will also have access to live audio during the public informational meeting and public hearing via their telephone or computer speakers. Persons with disabilities requiring reasonable accommodations to participate in the meeting and/or hearing should contact the person listed under FOR FURTHER INFORMATION
CONTACT at least 5 business days prior to the date of the meeting and hearing to help ensure availability. An accessible version of the Services public informational meeting presentation will also be posted online at https www.fws.gov/southwest/ prior to the meeting and hearing see DATES, above. See https www.fws.gov/
southwest/ for more information about reasonable accommodation.
Previous Federal Actions A thorough summary of previous Federal actions related to the pygmyowl can be found in the March 10, 1997, final rule 62 FR 10730 to list the cactus ferruginous pygmy-owl in Arizona as endangered; the April 14, 2006, final rule 71 FR 19452 removing the listing promulgated in the March 10, 1997, final rule; the June 2, 2008, 90-day finding 73 FR 31418; and the October 5, 2011, 12-month finding on a petition to list 76 FR 61856.
On March 20, 2007, we received a petition dated March 15, 2007, from the Center for Biological Diversity and Defenders of Wildlife CBD, DOW;
petitioners requesting that we list the cactus ferruginous pygmy-owl Glaucidium brasilianum cactorum pygmy-owl as an endangered or
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