Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Headwater Chub and a Distinct Population Segment of the Roundtail Chub, 75801-75802 [2016-26125]

Download as PDF Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Proposed Rules Dated: October 19, 2016. Gina McCarthy, Administrator. For the reasons stated in the preamble, EPA proposes to amend 40,CFR chapter I as set forth below: PART 241—SOLID WASTES USED AS FUELS OR INGREDIENTS IN COMBUSTION UNITS 1. The authority citation for Part 241 continues to read as follows: ■ Authority: 42 U.S.C. 6903, 6912, 7429. 2. Section 241.2 is amended by adding in alphabetical order the definitions ‘‘Copper naphthenate treated railroad ties’’, ‘‘Copper naphthenate-borate treated railroad ties’’ and ‘‘Creosoteborate treated railroad ties’’ to read as follows: ■ § 241.2 Definitions. * * * * * Copper naphthenate treated railroad ties means railroad ties treated with copper naphthenate made from naphthenic acid and copper salt. Copper naphthenate-borate treated railroad ties means railroad ties treated with copper naphthenate and borate made from disodium octaborate tetrahydrate. Creosote-borate treated railroad ties means railroad ties treated with a wood preservative containing creosols and phenols and made from coal tar oil and borate made from disodium octaborate tetrahydrate. * * * * * ■ 3. Section 241.4 is amended by adding paragraphs (a)(8) through (10) to read as follows: delivery mechanisms are removed) in order to use natural gas instead of fuel oil, as part of normal operations and not solely as part of start-up or shut-down operations. The creosote-borate and mixed creosote, borate and copper naphthenate treated railroad ties may continue to be combusted as product fuel under this subparagraph only if the following conditions are met, which are intended to ensure that such railroad ties are not being discarded: (A) Creosote-borate and mixed creosote, borate and copper naphthenate treated railroad ties must be burned in existing (i.e., commenced construction prior to April 14, 2014) stoker, bubbling bed, fluidized bed, or hybrid suspension grate boilers; and (B) Creosote-borate and mixed creosote, borate and copper naphthenate treated railroad ties can comprise no more than 40 percent of the fuel that is used on an annual heat input basis. (9) Copper naphthenate treated railroad ties that are processed (which must include at a minimum, metal removal and shredding or grinding) and then combusted in units designed to burn biomass or units designed to burn both biomass and fuel oil. (10) Copper naphthenate-borate treated railroad ties that are processed (which must include at a minimum, metal removal and shredding or grinding) and then combusted in units designed to burn biomass or units designed to burn both biomass and fuel oil. * * * * * [FR Doc. 2016–26381 Filed 10–31–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR * asabaliauskas on DSK3SPTVN1PROD with PROPOSALS § 241.4 Non-waste Determinations for Specific Non-Hazardous Secondary Materials When Used as a Fuel. Fish and Wildlife Service * * * * (a) * * * (8) Creosote-borate treated railroad ties, and mixtures of creosote, borate and copper naphthenate treated railroad ties that are processed (which must include at a minimum, metal removal and shredding or grinding) and then combusted in the following types of units: (i) Units designed to burn both biomass and fuel oil as part of normal operations and not solely as part of start-up or shut-down operations, and (ii) Units at major source pulp and paper mills or power producers subject to 40 CFR part 63, subpart DDDDD that combust creosote-borate treated railroad ties and mixed creosote, borate and copper naphthenate treated railroad ties, and had been designed to burn biomass and fuel oil, but are modified (e.g., oil VerDate Sep<11>2014 18:29 Oct 31, 2016 Jkt 241001 50 CFR Part 17 [Docket No. FWS–R2–ES–2015–0148; 4500030113] RIN 1018–BA86 Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Headwater Chub and a Distinct Population Segment of the Roundtail Chub Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of the comment period. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce the comment period reopening on our proposed rules to add the headwater SUMMARY: PO 00000 Frm 00060 Fmt 4702 Sfmt 4702 75801 chub (Gila nigra) and the roundtail chub (Gila robusta) distinct population segment (DPS) as threatened species to the List of Endangered and Threatened Wildlife. We are taking this action based on significant new information regarding the species’ taxonomic status as presented by the American Fisheries Society and the American Society of Ichthyologists and Herpetologists (AFS/ ASIH) Joint Committee on the Names of Fishes. We are reopening the comment period for 45 days to provide the public additional time to review and consider our proposed rulemakings in light of this new information. DATES: The comment period end date for the proposed rule that published at 80 FR 60754 on October 7, 2015, is December 16, 2016. We request that comments be submitted by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: Comment submission: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the Search box, enter the appropriate Docket No.: FWS– R2–ES–2015–0148 for the proposed threatened status for headwater chub and the roundtail chub distinct population segment. 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–R2–ES–2015– 0148; U.S. Fish and Wildlife Service Headquarters, MS: BPHC, 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 https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information). Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final determinations. Document availability: The new scientific information described in this document is available at https:// www.regulations.gov in Docket No. FWS–R2–ES–2015–0148. FOR FURTHER INFORMATION CONTACT: Steve Spangle, Field Supervisor, U.S. Fish and Wildlife Service, Arizona Ecological Services Field Office; telephone 602–242–0210; facsimile 602–242–2513. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at (800–877–8339). E:\FR\FM\01NOP1.SGM 01NOP1 75802 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Proposed Rules SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Previous Federal Actions On October 7, 2015 (80 FR 60754), we published a proposed rule that the headwater chub and the lower Colorado River basin roundtail chub DPS are threatened species under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). Section 4(b)(6)(A) of the Act requires that we make final listing determinations within 1 year of the proposed rule, except where, as in this instance, there is substantial disagreement regarding the sufficiency or accuracy of the available data, which allows for an additional 6 months. On August 15, 2016 (81 FR 54018), we announced a 6-month extension on the proposed rule’s final determination due to substantial disagreement regarding the available data’s sufficiency or accuracy, and reopened the comment period for 30 days. Accordingly, the deadline to finalize or withdraw the proposed rule is April 7, 2017. For a description of additional previous Federal actions concerning these species, please refer to the proposed listing rule (October 7, 2015; 80 FR 60754). Background In the proposed rule (October 7, 2015; 80 FR 60754), we evaluated headwater and roundtail chubs as separate species. However, commenters raised questions regarding the headwater and roundtail chubs’ taxonomic distinctness, as related to one another and to the Gila chub (Gila intermedia). The Gila chub is listed as an endangered species (November 2, 2005; 70 FR 66664). Some scientists knowledgeable about the species contend that the three entities are not separate species. For this reason, the Arizona Game and Fish Department requested that the AFS/ASIH evaluate the most recent literature associated with roundtail chub, headwater chub, and Gila chub taxonomy. The AFS/ASIH is recognized as the authority in establishing the taxonomic status of fish. The panel met in April 2016 and again in August 2016, and presented their conclusions in a final report to the Arizona Game and Fish Department on September 1, 2016 (Page et al. 2016; see Docket No. FWS– R2–ES–2015–0148 at https:// www.regulations.gov). The AFS/ASIH review (Page et al. 2016) included published and unpublished studies and reports presented to them in April 2016, and a more recent, unpublished report by Copus et al. (2016), which was included as an appendix to Page et al. (2016). Based on the information VerDate Sep<11>2014 18:29 Oct 31, 2016 Jkt 241001 reviewed, the AFS/ASIH panel concluded that ‘‘no morphological or genetic data define populations of Gila in the lower Colorado River basin (which includes the Little Colorado River, Bill Williams River, Gila River, Verde River, and Salt River drainages) as members of more than one species’’ and ‘‘that the data available support recognition of only one species of Gila, the roundtail chub, Gila robusta’’ (Page et al. 2016). This new information could be of significant consequence in our final listing determination because our proposed rule reviewed these entities as separate species. Given the new information, we must now review the proposed entities’ validity as recognized species. Further, this information was not previously included or considered in our proposed rulemaking or made available to the public. Therefore, we are reopening the comment period for 45 days to allow consideration of this new information, as well as any other aspect of the proposed rule, prior to finalizing our decision. Public Comments We will accept written comments and information during this reopened comment period on our proposed headwater chub and roundtail chub DPS listing published in the Federal Register on October 7, 2015 (80 FR 60754). We will consider information and recommendations from all interested parties. We intend that any final action resulting from these proposals be as accurate as possible and based on the best available scientific and commercial data. In considering the new information received from the AFS/ASIH, as well as the information provided in the proposed rule, we are particularly seeking comments considering: (a) Roundtail, headwater, and Gila chub genetics and taxonomy; (b) Roundtail, headwater, and Gila chubs’ morphological characteristics; (c) Those topics previously noted in the October 7, 2015, proposed rule (see 80 FR 60754). If you previously submitted comments or information on the proposed rule, please do not resubmit them. We have incorporated them into the public record, and we will fully consider them in preparing our final determinations. Our final determinations will take into consideration all written comments and any additional information we received. You may submit your comments and materials concerning this proposed rule by one of the methods listed above in ADDRESSES. We request that you send PO 00000 Frm 00061 Fmt 4702 Sfmt 9990 comments only by the methods described in ADDRESSES. If you submit information via https:// www.regulations.gov, your entire submission—including any personal identifying information—will be posted on the Web site. 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 https://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing the proposed rule, will be available for public inspection on https://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Arizona Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). You may obtain copies of the proposed rule on the Internet at https://www.regulations.gov at Docket No. FWS–R2–ES–2015–0148. Copies of the proposed rule are also available at https://www.fws.gov/ southwest/es/arizona. References Cited Copus, J.M., Z. Foresman, W.L. Montgomery, B.W. Bowen, and R.J. Toonen. 2016. Revision of the Gila robusta (Teleostei, Cyprinidae) species complex: Morphological examination and molecular phylogenetics reveal a single species. Report to the Joint ASIH–AFS Committee on Names of Fishes. Page, L.M., C.C. Baldwin, H. Espinosa-Perez, C.R. Gilbert, K.E. Hartel, R.N. Lea, NE. Mandrak, J.J. Schmitter-Soto, and H.J. Walker. 2016. Final report of the AFS/ ASIH Joint Committee on the Names of Fishes on the taxonomy of Gila in the Lower Colorado River basin of Arizona and New Mexico. Report to the Arizona Game and Fish Department. 4 pp. Author(s) The primary author(s) of this notice are the Arizona Ecological Services Field Office staff members. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: October 20, 2016. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2016–26125 Filed 10–31–16; 8:45 am] BILLING CODE 4333–15–P E:\FR\FM\01NOP1.SGM 01NOP1

Agencies

[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Proposed Rules]
[Pages 75801-75802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26125]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2015-0148; 4500030113]
RIN 1018-BA86


Endangered and Threatened Wildlife and Plants; Threatened Species 
Status for the Headwater Chub and a Distinct Population Segment of the 
Roundtail Chub

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of the comment period.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
comment period reopening on our proposed rules to add the headwater 
chub (Gila nigra) and the roundtail chub (Gila robusta) distinct 
population segment (DPS) as threatened species to the List of 
Endangered and Threatened Wildlife. We are taking this action based on 
significant new information regarding the species' taxonomic status as 
presented by the American Fisheries Society and the American Society of 
Ichthyologists and Herpetologists (AFS/ASIH) Joint Committee on the 
Names of Fishes. We are reopening the comment period for 45 days to 
provide the public additional time to review and consider our proposed 
rulemakings in light of this new information.

DATES: The comment period end date for the proposed rule that published 
at 80 FR 60754 on October 7, 2015, is December 16, 2016. We request 
that comments be submitted by 11:59 p.m. Eastern Time on the closing 
date.

ADDRESSES: Comment submission: You may submit comments by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the appropriate Docket 
No.: FWS- R2-ES-2015-0148 for the proposed threatened status for 
headwater chub and the roundtail chub distinct population segment. 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-R2-ES-2015-0148; U.S. Fish and Wildlife 
Service Headquarters, MS: BPHC, 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 https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section below for more information). 
Comments previously submitted need not be resubmitted as they are 
already incorporated into the public record and will be fully 
considered in the final determinations.
    Document availability: The new scientific information described in 
this document is available at https://www.regulations.gov in Docket No. 
FWS-R2-ES-2015-0148.

FOR FURTHER INFORMATION CONTACT: Steve Spangle, Field Supervisor, U.S. 
Fish and Wildlife Service, Arizona Ecological Services Field Office; 
telephone 602-242-0210; facsimile 602-242-2513. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at (800-877-8339).

[[Page 75802]]


SUPPLEMENTARY INFORMATION: 

Previous Federal Actions

    On October 7, 2015 (80 FR 60754), we published a proposed rule that 
the headwater chub and the lower Colorado River basin roundtail chub 
DPS are threatened species under the Endangered Species Act of 1973, as 
amended (Act) (16 U.S.C. 1531 et seq.). Section 4(b)(6)(A) of the Act 
requires that we make final listing determinations within 1 year of the 
proposed rule, except where, as in this instance, there is substantial 
disagreement regarding the sufficiency or accuracy of the available 
data, which allows for an additional 6 months. On August 15, 2016 (81 
FR 54018), we announced a 6-month extension on the proposed rule's 
final determination due to substantial disagreement regarding the 
available data's sufficiency or accuracy, and reopened the comment 
period for 30 days. Accordingly, the deadline to finalize or withdraw 
the proposed rule is April 7, 2017. For a description of additional 
previous Federal actions concerning these species, please refer to the 
proposed listing rule (October 7, 2015; 80 FR 60754).

Background

    In the proposed rule (October 7, 2015; 80 FR 60754), we evaluated 
headwater and roundtail chubs as separate species. However, commenters 
raised questions regarding the headwater and roundtail chubs' taxonomic 
distinctness, as related to one another and to the Gila chub (Gila 
intermedia). The Gila chub is listed as an endangered species (November 
2, 2005; 70 FR 66664). Some scientists knowledgeable about the species 
contend that the three entities are not separate species.
    For this reason, the Arizona Game and Fish Department requested 
that the AFS/ASIH evaluate the most recent literature associated with 
roundtail chub, headwater chub, and Gila chub taxonomy. The AFS/ASIH is 
recognized as the authority in establishing the taxonomic status of 
fish. The panel met in April 2016 and again in August 2016, and 
presented their conclusions in a final report to the Arizona Game and 
Fish Department on September 1, 2016 (Page et al. 2016; see Docket No. 
FWS-R2-ES-2015-0148 at https://www.regulations.gov). The AFS/ASIH review 
(Page et al. 2016) included published and unpublished studies and 
reports presented to them in April 2016, and a more recent, unpublished 
report by Copus et al. (2016), which was included as an appendix to 
Page et al. (2016). Based on the information reviewed, the AFS/ASIH 
panel concluded that ``no morphological or genetic data define 
populations of Gila in the lower Colorado River basin (which includes 
the Little Colorado River, Bill Williams River, Gila River, Verde 
River, and Salt River drainages) as members of more than one species'' 
and ``that the data available support recognition of only one species 
of Gila, the roundtail chub, Gila robusta'' (Page et al. 2016). This 
new information could be of significant consequence in our final 
listing determination because our proposed rule reviewed these entities 
as separate species. Given the new information, we must now review the 
proposed entities' validity as recognized species. Further, this 
information was not previously included or considered in our proposed 
rulemaking or made available to the public. Therefore, we are reopening 
the comment period for 45 days to allow consideration of this new 
information, as well as any other aspect of the proposed rule, prior to 
finalizing our decision.

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed headwater chub and roundtail 
chub DPS listing published in the Federal Register on October 7, 2015 
(80 FR 60754). We will consider information and recommendations from 
all interested parties. We intend that any final action resulting from 
these proposals be as accurate as possible and based on the best 
available scientific and commercial data.
    In considering the new information received from the AFS/ASIH, as 
well as the information provided in the proposed rule, we are 
particularly seeking comments considering:
    (a) Roundtail, headwater, and Gila chub genetics and taxonomy;
    (b) Roundtail, headwater, and Gila chubs' morphological 
characteristics;
    (c) Those topics previously noted in the October 7, 2015, proposed 
rule (see 80 FR 60754).
    If you previously submitted comments or information on the proposed 
rule, please do not resubmit them. We have incorporated them into the 
public record, and we will fully consider them in preparing our final 
determinations. Our final determinations will take into consideration 
all written comments and any additional information we received.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed above in ADDRESSES. We request that 
you send comments only by the methods described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. 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 https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, will be available 
for public inspection on https://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Arizona Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT). You may obtain copies of the proposed rule on the Internet at 
https://www.regulations.gov at Docket No. FWS-R2-ES-2015-0148. Copies of 
the proposed rule are also available at https://www.fws.gov/southwest/es/arizona.

References Cited

Copus, J.M., Z. Foresman, W.L. Montgomery, B.W. Bowen, and R.J. 
Toonen. 2016. Revision of the Gila robusta (Teleostei, Cyprinidae) 
species complex: Morphological examination and molecular 
phylogenetics reveal a single species. Report to the Joint ASIH-AFS 
Committee on Names of Fishes.
Page, L.M., C.C. Baldwin, H. Espinosa-Perez, C.R. Gilbert, K.E. 
Hartel, R.N. Lea, NE. Mandrak, J.J. Schmitter-Soto, and H.J. Walker. 
2016. Final report of the AFS/ASIH Joint Committee on the Names of 
Fishes on the taxonomy of Gila in the Lower Colorado River basin of 
Arizona and New Mexico. Report to the Arizona Game and Fish 
Department. 4 pp.

Author(s)

    The primary author(s) of this notice are the Arizona Ecological 
Services Field Office staff members.

Authority

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

    Dated: October 20, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-26125 Filed 10-31-16; 8:45 am]
 BILLING CODE 4333-15-P

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