Endangered and Threatened Wildlife and Plants; Initiation of Status Review of Arctic Grayling in the Upper Missouri River System, 70525-70527 [2013-28171]

Download as PDF Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Proposed Rules VII. Statutory and Executive Order Reviews rmajette on DSK2TPTVN1PROD with PROPOSALS-1 standard without emissions reductions associated with the use of gasoline with an RVP of 7.8 psi in the four Triad Area counties during the high ozone season— June 1 through September 15. In addition, due to the updated modeling reflecting a change in the applicable RVP standard, the North Carolina revision also includes an updated on-road mobile, non-road mobile and area source emissions for the Triad Area. EPA is also proposing approval of this revision. EPA has preliminarily determined that North Carolina’s April 12, 2013, SIP revision, including the technical demonstration associated with the State’s request for the removal of the Federal RVP requirements, and the updated on-road mobile, non-road mobile and area source emissions are consistent with the applicable provisions of the CAA. Should EPA decide to remove subject portions of the Triad Area from those areas subject to the 7.8 psi Federal RVP requirements, such action will occur in a separate, subsequent rulemaking. • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Under the CAA, the Administrator is required to approve a SIP submittal that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, October 7, 1999); VerDate Mar<15>2010 14:52 Nov 25, 2013 Jkt 232001 Environmental protection, Air pollution control, Intergovernmental relations, Lead, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: November 12, 2013. Beverly H. Banister, Acting Regional Administrator, Region 4. [FR Doc. 2013–28371 Filed 11–25–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R6–ES–2013–0120; 4500030113] Endangered and Threatened Wildlife and Plants; Initiation of Status Review of Arctic Grayling in the Upper Missouri River System Fish and Wildlife Service, Interior. ACTION: Notice of initiation of status review. AGENCY: We, the U.S. Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973, as amended (Act), announce the initiation of a status review of the Arctic grayling (Thymallus arcticus) upper Missouri River system distinct SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 70525 population segment (DPS). We conduct status reviews to determine whether the entity meets the definition of an endangered or threatened species under the Act. Following this status review, we will issue a proposed listing rule or a not warranted finding for the Arctic grayling upper Missouri River system DPS. Through this document, we encourage all interested parties to provide us information regarding the Arctic grayling in the upper Missouri River basin. DATES: To allow us adequate time to conduct this review, we request that we receive information no later than December 26, 2013. Information submitted electronically using the Federal eRulemaking Portal (see ADDRESSES section, below) must be received by 11:59 p.m. Eastern Time on the closing date. After December 26, 2013, you must submit information using the U.S. mail or hand-delivery option provided in the ADDRESSES section below. Please note that we may not be able to address or incorporate information that we receive after the above requested date. ADDRESSES: You may submit information by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http:// www.regulations.gov. In the Search box, enter FWS–R6–ES–2013–0120, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on ‘‘Comment Now!’’ (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R6–ES–2013– 0120; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042–PDM; Arlington, VA 22203. We request that you send information only by the methods described above. We will post all submissions on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Request for Information section below for more information). FOR FURTHER INFORMATION CONTACT: Jodi Bush, Field Supervisor, Montana Field Office, 585 Shepard Way, Suite 1, Helena, MT 59601; telephone (406) 449– 5225, extension 205. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 1–800–877–8339. SUPPLEMENTARY INFORMATION: E:\FR\FM\26NOP1.SGM 26NOP1 70526 Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Proposed Rules rmajette on DSK2TPTVN1PROD with PROPOSALS-1 Background The Arctic grayling is a fish belonging to the family Salmonidae (salmon, trout, charr, whitefishes), subfamily Thymallinae (graylings), and is represented by a single genus, Thymallus (Scott and Crossman 1973, pp. 301–302; Behnke 2002, pp. 327– 331). Arctic grayling have long, thin bodies with deeply forked tails, and adults typically average 254 to 330 millimeters (10 to 13 inches) in length. Coloration varies from silvery or iridescent blue and lavender, to dark blue (Behnke 2002, pp. 327–328). Arctic grayling have a prominent sail-like dorsal fin, which is large and vividly colored with rows of orange to bright green spots, and often has an orange border. Dark spots often appear on the body toward the head (Behnke 2002, pp. 327–328). Arctic grayling are native to Arctic Ocean drainages of northwestern Canada and Alaska; the Peace, Saskatchewan, and Athabasca River drainages in Alberta, eastward to Hudson Bay and westward to the Bering Straits; and eastern Siberia and northern Eurasia (Scott and Crossman 1973, pp. 301–302). Arctic grayling also are native to Pacific coast drainages of Alaska and Canada as far south as the Stikine River in British Columbia (Scott and Crossman 1973, pp. 301–302; Nelson and Paetz 1991, pp. 253–256; Behnke 2002, pp. 327–331). Pleistocene glaciations isolated two North American populations of Arctic grayling outside of Canada and Alaska (Vincent 1962, pp. 23–31). One population occurred in streams and rivers of the Great Lakes region of northern Michigan, but was extirpated in the 1930s (Hubbs and Lagler 1949, p. 44; Scott and Crossman 1973, p. 301). The second population (Arctic grayling of the upper Missouri River) inhabits watersheds in the upper Missouri River basin upstream of Great Falls, Montana. This population is the subject of our status review. Previous Federal Actions We have reviewed the status of the Arctic grayling several times since 1982. Most recently, on September 8, 2010, we published a revised 12-month finding for the Arctic grayling (75 FR 54708). In that finding, we determined that fluvial (stream dwelling) and adfluvial (residing in lakes and spawning in streams) Arctic grayling of the upper VerDate Mar<15>2010 14:52 Nov 25, 2013 Jkt 232001 Missouri River did constitute a DPS under the Act. Therefore, we found that the upper Missouri River DPS was a listable entity under the Act, and we further found that listing the DPS was warranted but precluded by higher priority listing actions. On May 10, 2011, we filed a multiyear work plan as part of a proposed settlement agreement with Wild Earth Guardians and others in a consolidated case in the U.S. District Court for the District of Columbia. On September 9, 2011, the Court accepted our agreement with the plaintiffs in Endangered Species Act Section 4 Deadline Litig., Misc. Action No. 10–377 (EGS), MDL Docket No. 2165 (D. DC) (known as the ‘‘MDL case’’), which requires the Service to submit to the Federal Register for publication either a proposed rule or a not-warranted finding for the Arctic grayling on or before September 30, 2014. For additional information on the biology or previous Federal actions on the Arctic grayling, including Federal actions prior to 2010, see the September 8, 2010, revised 12-month finding (75 FR 54708). Request for Information To ensure that the status review and, if warranted, our subsequent listing determination are based on the best available scientific and commercial information, and to provide an opportunity to any interested parties to provide information for consideration during the status assessment, we are requesting information concerning the Arctic grayling in the upper Missouri River system. We request information from other concerned governmental agencies, Native American tribes, the scientific community, industry, and any other interested party. Specifically, we are seeking: (1) General information concerning the taxonomy, biology, ecology, genetics, and status of the Arctic grayling of the upper Missouri River system. (2) Specific information on the conservation status of Arctic grayling in the upper Missouri River system, including information on distribution, abundance, and population trends. (3) Specific information on factors that that may affect the continued existence of the Arctic grayling in the upper Missouri River, which may include habitat modification or PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 destruction, overutilization, disease, predation, the inadequacy of existing regulatory mechanisms, or other natural or manmade factors. (4) Specific information on planned and ongoing conservation actions designed to improve Arctic grayling habitat or reduce threats to Arctic grayling in the upper Missouri River system. (5) Habitat selection, use, and any changes or trends in the amount and distribution of Arctic grayling habitat. (6) Habitat requirements for feeding, breeding, and sheltering, including particular physical or biological features that are essential to the conservation of Arctic grayling and where such physical or biological features are found. (7) Whether any of these features may require special management considerations or protection. (8) Specific areas outside the geographical area occupied by the DPS that may be essential for the conservation of the Arctic grayling in the upper Missouri River system. (9) The possible benefits and impacts (including economic impacts) of a possible critical habitat designation for the Arctic grayling. (10) Whether the designation of critical habitat for the Arctic grayling would be beneficial to the conservation of the Arctic grayling in the upper Missouri River system or whether the identification of specific areas as critical habitat may increase threats to the DPS or its habitat. If you submit information, we request you support it with documentation such as data, maps, bibliographic references, methods used to gather and analyze the data, or copies of any pertinent publications, reports, or letters by knowledgeable sources. Section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered or threatened species must be made ‘‘solely on the basis of the best scientific and commercial data available.’’ You may submit your information concerning this status review by one of the methods listed in the ADDRESSES section. If you submit information that includes personal identifying information, you may request at the top of your document that we withhold this personal identifying information from public review. However, we cannot guarantee that we will be able to do so. E:\FR\FM\26NOP1.SGM 26NOP1 Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Proposed Rules References Cited rmajette on DSK2TPTVN1PROD with PROPOSALS-1 A complete list of all the references cited in this document is available on the Internet at http:// www.regulations.gov and upon request from the Field Supervisor, Montana Field Office (see FOR FURTHER INFORMATION CONTACT). VerDate Mar<15>2010 14:52 Nov 25, 2013 Jkt 232001 Authors The primary authors of this document are staff members of the Montana Field Office of the U.S. Fish and Wildlife Service. Dated: November 12, 2013. Stephen Guertin, Acting Director, Fish and Wildlife Service. [FR Doc. 2013–28171 Filed 11–25–13; 8:45 am] BILLING CODE 4310–55–P Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). PO 00000 Frm 00013 Fmt 4702 Sfmt 9990 70527 E:\FR\FM\26NOP1.SGM 26NOP1

Agencies

[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Proposed Rules]
[Pages 70525-70527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28171]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2013-0120; 4500030113]


Endangered and Threatened Wildlife and Plants; Initiation of 
Status Review of Arctic Grayling in the Upper Missouri River System

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of initiation of status review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), under the 
authority of the Endangered Species Act of 1973, as amended (Act), 
announce the initiation of a status review of the Arctic grayling 
(Thymallus arcticus) upper Missouri River system distinct population 
segment (DPS). We conduct status reviews to determine whether the 
entity meets the definition of an endangered or threatened species 
under the Act. Following this status review, we will issue a proposed 
listing rule or a not warranted finding for the Arctic grayling upper 
Missouri River system DPS. Through this document, we encourage all 
interested parties to provide us information regarding the Arctic 
grayling in the upper Missouri River basin.

DATES: To allow us adequate time to conduct this review, we request 
that we receive information no later than December 26, 2013. 
Information submitted electronically using the Federal eRulemaking 
Portal (see ADDRESSES section, below) must be received by 11:59 p.m. 
Eastern Time on the closing date. After December 26, 2013, you must 
submit information using the U.S. mail or hand-delivery option provided 
in the ADDRESSES section below. Please note that we may not be able to 
address or incorporate information that we receive after the above 
requested date.

ADDRESSES: You may submit information by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R6-ES-2013-0120, 
which is the docket number for this rulemaking. Then, in the Search 
panel on the left side of the screen, under the Document Type heading, 
click on the Proposed Rules link to locate this document. You may 
submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R6-ES-2013-0120; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We request that you send information only by the methods described 
above. We will post all submissions on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Request for Information section below for more 
information).

FOR FURTHER INFORMATION CONTACT: Jodi Bush, Field Supervisor, Montana 
Field Office, 585 Shepard Way, Suite 1, Helena, MT 59601; telephone 
(406) 449-5225, extension 205. If you use a telecommunications device 
for the deaf (TDD), please call the Federal Information Relay Service 
(FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

[[Page 70526]]

Background

    The Arctic grayling is a fish belonging to the family Salmonidae 
(salmon, trout, charr, whitefishes), subfamily Thymallinae (graylings), 
and is represented by a single genus, Thymallus (Scott and Crossman 
1973, pp. 301-302; Behnke 2002, pp. 327-331). Arctic grayling have 
long, thin bodies with deeply forked tails, and adults typically 
average 254 to 330 millimeters (10 to 13 inches) in length. Coloration 
varies from silvery or iridescent blue and lavender, to dark blue 
(Behnke 2002, pp. 327-328). Arctic grayling have a prominent sail-like 
dorsal fin, which is large and vividly colored with rows of orange to 
bright green spots, and often has an orange border. Dark spots often 
appear on the body toward the head (Behnke 2002, pp. 327-328).
    Arctic grayling are native to Arctic Ocean drainages of 
northwestern Canada and Alaska; the Peace, Saskatchewan, and Athabasca 
River drainages in Alberta, eastward to Hudson Bay and westward to the 
Bering Straits; and eastern Siberia and northern Eurasia (Scott and 
Crossman 1973, pp. 301-302). Arctic grayling also are native to Pacific 
coast drainages of Alaska and Canada as far south as the Stikine River 
in British Columbia (Scott and Crossman 1973, pp. 301-302; Nelson and 
Paetz 1991, pp. 253-256; Behnke 2002, pp. 327-331).
    Pleistocene glaciations isolated two North American populations of 
Arctic grayling outside of Canada and Alaska (Vincent 1962, pp. 23-31). 
One population occurred in streams and rivers of the Great Lakes region 
of northern Michigan, but was extirpated in the 1930s (Hubbs and Lagler 
1949, p. 44; Scott and Crossman 1973, p. 301). The second population 
(Arctic grayling of the upper Missouri River) inhabits watersheds in 
the upper Missouri River basin upstream of Great Falls, Montana. This 
population is the subject of our status review.

Previous Federal Actions

    We have reviewed the status of the Arctic grayling several times 
since 1982. Most recently, on September 8, 2010, we published a revised 
12-month finding for the Arctic grayling (75 FR 54708). In that 
finding, we determined that fluvial (stream dwelling) and adfluvial 
(residing in lakes and spawning in streams) Arctic grayling of the 
upper Missouri River did constitute a DPS under the Act. Therefore, we 
found that the upper Missouri River DPS was a listable entity under the 
Act, and we further found that listing the DPS was warranted but 
precluded by higher priority listing actions.
    On May 10, 2011, we filed a multiyear work plan as part of a 
proposed settlement agreement with Wild Earth Guardians and others in a 
consolidated case in the U.S. District Court for the District of 
Columbia. On September 9, 2011, the Court accepted our agreement with 
the plaintiffs in Endangered Species Act Section 4 Deadline Litig., 
Misc. Action No. 10-377 (EGS), MDL Docket No. 2165 (D. DC) (known as 
the ``MDL case''), which requires the Service to submit to the Federal 
Register for publication either a proposed rule or a not-warranted 
finding for the Arctic grayling on or before September 30, 2014.
    For additional information on the biology or previous Federal 
actions on the Arctic grayling, including Federal actions prior to 
2010, see the September 8, 2010, revised 12-month finding (75 FR 
54708).

Request for Information

    To ensure that the status review and, if warranted, our subsequent 
listing determination are based on the best available scientific and 
commercial information, and to provide an opportunity to any interested 
parties to provide information for consideration during the status 
assessment, we are requesting information concerning the Arctic 
grayling in the upper Missouri River system. We request information 
from other concerned governmental agencies, Native American tribes, the 
scientific community, industry, and any other interested party. 
Specifically, we are seeking:
    (1) General information concerning the taxonomy, biology, ecology, 
genetics, and status of the Arctic grayling of the upper Missouri River 
system.
    (2) Specific information on the conservation status of Arctic 
grayling in the upper Missouri River system, including information on 
distribution, abundance, and population trends.
    (3) Specific information on factors that that may affect the 
continued existence of the Arctic grayling in the upper Missouri River, 
which may include habitat modification or destruction, overutilization, 
disease, predation, the inadequacy of existing regulatory mechanisms, 
or other natural or manmade factors.
    (4) Specific information on planned and ongoing conservation 
actions designed to improve Arctic grayling habitat or reduce threats 
to Arctic grayling in the upper Missouri River system.
    (5) Habitat selection, use, and any changes or trends in the amount 
and distribution of Arctic grayling habitat.
    (6) Habitat requirements for feeding, breeding, and sheltering, 
including particular physical or biological features that are essential 
to the conservation of Arctic grayling and where such physical or 
biological features are found.
    (7) Whether any of these features may require special management 
considerations or protection.
    (8) Specific areas outside the geographical area occupied by the 
DPS that may be essential for the conservation of the Arctic grayling 
in the upper Missouri River system.
    (9) The possible benefits and impacts (including economic impacts) 
of a possible critical habitat designation for the Arctic grayling.
    (10) Whether the designation of critical habitat for the Arctic 
grayling would be beneficial to the conservation of the Arctic grayling 
in the upper Missouri River system or whether the identification of 
specific areas as critical habitat may increase threats to the DPS or 
its habitat.
    If you submit information, we request you support it with 
documentation such as data, maps, bibliographic references, methods 
used to gather and analyze the data, or copies of any pertinent 
publications, reports, or letters by knowledgeable sources. Section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is an endangered or threatened species must be made ``solely on 
the basis of the best scientific and commercial data available.''
    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. If you submit 
information that includes personal identifying information, you may 
request at the top of your document that we withhold this personal 
identifying information from public review. However, we cannot 
guarantee that we will be able to do so.

[[Page 70527]]

References Cited

    A complete list of all the references cited in this document is 
available on the Internet at http://www.regulations.gov and upon 
request from the Field Supervisor, Montana Field Office (see FOR 
FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this document are staff members of the 
Montana Field Office of the U.S. Fish and Wildlife Service.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: November 12, 2013.
Stephen Guertin,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2013-28171 Filed 11-25-13; 8:45 am]
BILLING CODE 4310-55-P