Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Texas Hornshell, 24654-24656 [2017-11189]

Download as PDF sradovich on DSK3GMQ082PROD with PROPOSALS 24654 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules regulatory burdens’’ on the American people. Section 3(a) of the E.O. directs federal agencies to establish a Regulatory Reform Task Force (Task Force). One of the duties of the Task Force is to evaluate existing regulations and ‘‘make recommendations to the agency head regarding their repeal, replacement, or modification.’’ The E.O. further asks that each Task Force ‘‘attempt to identify regulations that: (i) Eliminate jobs, or inhibit job creation; (ii) are outdated, unnecessary, or ineffective; (iii) impose costs that exceed benefits; (iv) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; (v) are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriates Act, 2001 (44 U.S.C. 3516 note), or the guidance issued pursuant to that provision in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard of reproducibility; or (vi) derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified.’’ Section 3(e) of the E.O. calls on the Task Force to ‘‘seek input and other assistance, as permitted by law, from entities significantly affected by Federal regulations, including State, local, and tribal governments, small businesses, consumers, non-governmental organizations, and trade associations’’ on regulations that meet some or all of the criteria above. Through this notice, GSA is soliciting such input from the public to inform its Task Force’s evaluation. This notice is specifically requesting input on existing acquisition regulations, policies, and guidance issued by GSA (e.g., GSAR, GSA handbooks) or by the Federal Acquisition Service or the Public Building Service. Examples of regulations, policies, and guidance GSA is requesting input on include GSA’s supplement to the FAR, the GSA Acquisition Regulations (GSAR), the GSA Acquisition Manual (GSAM), or acquisition policies, standards, business practices and guidance that have not been codified through regulation, but may be still be appropriate for repeal, replacement, or modification. GSA has recently received public comments on Commercial Software Licenses and Order Level Materials (Other Direct Costs). These rules are currently in the final rulemaking stages VerDate Sep<11>2014 19:39 May 26, 2017 Jkt 241001 and additional comments are not requested. GSA is particularly interested in comments on areas not recently addressed, such as evergreen, price adjustments, catalogs, requirements relating to utilities, construction, and facilities. In addition, the recent Transactional Data Reporting rule is a final rule and is in a pilot stage. As such, comments on it, along with the Price Reduction Clause and the Commercial Sales Practice format, are also encouraged. GSA requests that comments be as specific as possible, include any supporting data or other information such as cost information, provide a Federal Register (FR) or Code of Federal Regulations (CFR) citation when referencing a specific regulation, or cite a FAS or PBS clause number when citing service level policy. To be beneficial, comments should provide specific suggestions regarding repeal, replacement or modification. Although the agency may not respond to each individual comment, the GSA values public feedback and will give careful consideration to all input that it receives. GSA will also be conducting targeted outreach on this same topic. Dated: May 23, 2017. Michael Downing, Regulatory Reform Officer, Office of the Administrator. [FR Doc. 2017–11052 Filed 5–26–17; 8:45 am] BILLING CODE 6820–61–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R2–ES–2016–0077; 4500030113] RIN 1018–BB34 Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Texas Hornshell Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period; public hearings. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period for our August 10, 2016, proposed rule to list the Texas hornshell (Popenaias popeii) as an endangered species under the Endangered Species Act of 1973, as amended (Act). We also are notifying the public that we have scheduled informational meetings followed by SUMMARY: PO 00000 Frm 00085 Fmt 4702 Sfmt 4702 public hearings on the proposed rule. Comments previously submitted on the proposal need not be resubmitted, as they are already incorporated into the public record and will be fully considered in our final determination. DATES: Written comments: The comment period on the proposed rule that published August 10, 2016 (81 FR 52796), is reopened. We request that comments on the proposal be submitted on or before June 29, 2017. Comments 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. Public meetings and hearings: We will hold two public informational sessions and public hearings on the proposed listing rule: (1) A public informational session from 5:00 p.m. to 6:00 p.m., followed by a public hearing from 6:30 p.m. to 8:30 p.m. on June 13, 2017, in Laredo, Texas (see ADDRESSES); and (2) A public informational session from 5:00 p.m. to 6:00 p.m., followed by a public hearing from 6:30 p.m. to 8:30 p.m. on June 15, 2017, in Carlsbad, New Mexico (see ADDRESSES). People needing reasonable accommodations in order to attend and participate in the public meetings should contact the Texas Coastal Ecological Services Field Office, at 281– 286–8282, as soon as possible (see FOR FURTHER INFORMATION CONTACT). In order to allow sufficient time to process requests, please call no later than 1 week before the meeting date. ADDRESSES: Document availability: You may obtain copies of the proposed rule and Species Status Assessment Report on the Internet at http:// www.regulations.gov at Docket No. FWS–R2–ES–2016–0077, or by mail from the Texas Coastal Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Written comments: 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–R2–ES–2016–0077. 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–2016– 0077; 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 http:// E:\FR\FM\30MYP1.SGM 30MYP1 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules www.regulations.gov. This generally means that we will post any personal information you provide us (see the Information Requested section below for more information) Public meetings and hearings: The public informational meetings will be held on the following dates and locations: 1. A public informational session from 5:00 p.m. to 6:00 p.m., followed by a public hearing from 6:30 p.m. to 8:30 p.m. at Student Center Ballroom #203, Texas A&M International University, 5201 University Blvd., Laredo, Texas 78041, on June 13, 2017. 2. A public informational session from 5:00 p.m. to 6:00 p.m., followed by a public hearing from 6:30 p.m. to 8:30 p.m. at the Pecos River Village Conference Center, 711 Muscatel Ave., Carlsbad, NM 88220, on June 15, 2017. FOR FURTHER INFORMATION CONTACT: Chuck Ardizzone, U.S. Fish and Wildlife Service, Texas Coastal Ecological Services Field Office, 17629 El Camino Real #211, Houston, TX 77058; by telephone 281–286–8282; or by facsimile 281–488–5882. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with PROPOSALS 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, Native American tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning: (1) The Texas hornshell’s biology, range, and population trends, including: (a) Biological or ecological requirements of the species, including habitat requirements for feeding and spawning; (b) Genetics and taxonomy; (c) Historical and current range, including distribution patterns; (d) Historical and current population levels, and current and projected trends; and (e) Past and ongoing conservation measures for the species, its habitat, or both. (2) Factors that may affect the continued existence of the species, which may include habitat modification or destruction, overutilization, disease, predation, the inadequacy of existing VerDate Sep<11>2014 19:39 May 26, 2017 Jkt 241001 regulatory mechanisms, or other natural or manmade factors. (3) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to this species and existing regulations that may be addressing those threats. (4) Additional information concerning the historical and current status, range, distribution, and population size of this species, including the locations of any additional populations of this species, particularly in Mexico. (5) Information related to climate change within the range of the Texas hornshell and how it may affect the species’ habitat. (6) The reasons why areas should or should not be designated as critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et seq.) (7) Specific information on: (a) The amount and distribution of habitat for the Texas hornshell; (b) What areas, that are currently occupied and that contain the physical and biological features essential to the conservation of the Texas hornshell, should be included in a critical habitat designation and why; (c) Special management considerations or protection that may be needed for the essential features in potential critical habitat areas, including managing for the potential effects of climate change; and (d) What areas not occupied at the time of listing are essential for the conservation of the species and why. If you previously submitted comments or information on the August 10, 2016, proposed rule (81 FR 52796), please do not resubmit them. We have incorporated them into the public record, and we will fully consider them in our final determination. Our final determination concerning the proposed rulemaking will take into consideration all written comments and any information we receive. 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 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 the 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:// PO 00000 Frm 00086 Fmt 4702 Sfmt 4702 24655 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 http://www.regulations.gov. Please include sufficient information with your comments to allow us to verify any scientific or commercial information you include. Comments and materials we receive, as well as supporting documentation we used in preparing the proposed rule, will be available for public inspection on http://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Texas Coastal Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). You may obtain copies of the proposed rule on the Internet at http://www.regulations.gov at Docket No. FWS–R2–ES–2016–0077, or by mail from the U.S. Fish and Wildlife Service, Texas Coastal Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Background On August 10, 2016, we published a proposed rule (81 FR 52796) to list the Texas hornshell as an endangered species under the Act. The publication of this proposed rule was pursuant to a court-approved settlement agreement (Endangered Species Act Section 4 Deadline Litigation, No. 10–377 (EGS), MDL Docket No. 2165 (D.D.C. May 10, 2011)). That proposal had a 60-day comment period, ending October 11, 2016. The Act and the relevant settlement agreement require that we publish a final listing determination for the Texas hornshell on or before August 10, 2017. For a description of previous Federal actions concerning the Texas hornshell, please refer to the August 10, 2016, proposed listing rule (81 FR 52796). During the comment period for the proposed listing rule, we received several requests for public hearings. We are reopening the comment period on our proposal to list the Texas hornshell as an endangered species for 30 days (see DATES) to hold those public hearings and allow the public an opportunity to provide comments on our proposal. E:\FR\FM\30MYP1.SGM 30MYP1 24656 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: May 4, 2017. James W. Kurth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2017–11189 Filed 5–26–17; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 170320292–7292–01] RIN 0648–XF311 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. AGENCY: NMFS proposes to implement annual management measures and harvest specifications to establish the allowable catch levels (i.e., annual catch limit (ACL)/harvest guideline (HG)) for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), in the U.S. Exclusive Economic Zone (EEZ) off the Pacific coast for the fishing season of July 1, 2017, through June 30, 2018. This rule is proposed according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed action would prohibit directed non-tribal Pacific sardine commercial fishing for Pacific sardine off the coasts of Washington, Oregon, and California, which is required because the estimated 2017 biomass of Pacific sardine has dropped below the biomass threshold specified in the HG control rule. Under the proposed action, Pacific sardine may still be harvested as part of either the live bait or tribal fishery, or as incidental catch in other fisheries; the incidental harvest of Pacific sardine would initially be limited to 40-percent by weight of all fish per trip when caught with other CPS or up to 2 metric tons (mt) when caught with non-CPS. The proposed annual catch limit (ACL) for the 2017–2018 Pacific sardine fishing year is 8,000 mt. This proposed rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast. sradovich on DSK3GMQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 Comments must be received by June 14, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2017–0045, by any of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2017-0045, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Barry A. Thom, Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115– 0070; Attn: Joshua Lindsay. • Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Copies of the report ‘‘Assessment of Pacific Sardine Resource in 2017 for U.S.A. Management in 2017–2018’’ may be obtained from the West Coast Region (see ADDRESSES). FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, NMFS, (562) 980–4034, joshua.lindsay@ noaa.gov. SUPPLEMENTARY INFORMATION: During public meetings each year, the estimated biomass for Pacific sardine is presented to the Pacific Fishery Management Council’s (Council) CPS Management Team (Team), the Council’s CPS Advisory Subpanel (Subpanel) and the Council’s Scientific and Statistical Committee (SSC), and the biomass and the status of the fishery are reviewed and discussed. The biomass estimate is then presented to the Council along with the calculated overfishing limit (OFL), available biological catch (ABC), and HG, along with recommendations and comments from the Team, Subpanel, and SSC. Following review by the Council and after hearing public comment, the Council adopts a biomass estimate and makes its catch level recommendations to NMFS. NMFS manages the Pacific sardine fishery in the U.S. EEZ off the Pacific coast DATES: 21:14 May 26, 2017 Jkt 241001 PO 00000 Frm 00087 Fmt 4702 Sfmt 4702 (California, Oregon, and Washington) in accordance with the FMP. Annual specifications published in the Federal Register establish the allowable harvest levels (i.e., OFL/ACL/HG) for each Pacific sardine fishing year. The purpose of this proposed rule is to implement these annual catch reference points for 2017–2018, including the OFL and an ABC that takes into consideration uncertainty surrounding the current estimate of biomass for Pacific sardine. The FMP and its implementing regulations require NMFS to set these annual catch levels for the Pacific sardine fishery based on the annual specification framework and control rules in the FMP. These control rules include the HG control rule, which, in conjunction with the OFL and ABC rules in the FMP, are used to manage harvest levels for Pacific sardine, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. According to the FMP, the quota for the principal commercial fishery is determined using the FMP-specified HG formula. The HG formula in the CPS FMP is HG = [(Biomass-CUTOFF) * FRACTION * DISTRIBUTION] with the parameters described as follows: 1. Biomass. The estimated stock biomass of Pacific sardine age one and above. For the 2017–2018 management season, this is 86,586 mt. 2. CUTOFF. This is the biomass level below which no HG is set. The FMP established this level at 150,000 mt. 3. DISTRIBUTION. The average portion of the Pacific sardine biomass estimated in the EEZ off the Pacific coast is 87 percent. 4. FRACTION. The temperaturevarying harvest fraction is the percentage of the biomass above 150,000 mt that may be harvested. As described above, the Pacific sardine HG control rule, the primary mechanism for setting the annual directed commercial fishery quota, includes a CUTOFF parameter, which has been set as a biomass level of 150,000 mt. This amount is subtracted from the annual biomass estimate before calculating the applicable HG for the fishing year. Since this year’s biomass estimate is below that value, the formula results in an HG of zero, and no Pacific sardine are available for the primary commercial directed fishery during the 2017–2018 fishing season. At the April 2017 Council meeting, the Council’s SSC approved, and the Council adopted, the ‘‘Assessment of the Pacific Sardine Resource in 2017 for U.S. Management in 2017–2018,’’ which was completed by NMFS Southwest E:\FR\FM\30MYP1.SGM 30MYP1

Agencies

[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Proposed Rules]
[Pages 24654-24656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11189]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2016-0077; 4500030113]
RIN 1018-BB34


Endangered and Threatened Wildlife and Plants; Endangered Species 
Status for the Texas Hornshell

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period; public hearings.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the comment period for our August 10, 2016, proposed rule 
to list the Texas hornshell (Popenaias popeii) as an endangered species 
under the Endangered Species Act of 1973, as amended (Act). We also are 
notifying the public that we have scheduled informational meetings 
followed by public hearings on the proposed rule. Comments previously 
submitted on the proposal need not be resubmitted, as they are already 
incorporated into the public record and will be fully considered in our 
final determination.

DATES: Written comments: The comment period on the proposed rule that 
published August 10, 2016 (81 FR 52796), is reopened. We request that 
comments on the proposal be submitted on or before June 29, 2017. 
Comments 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.
    Public meetings and hearings: We will hold two public informational 
sessions and public hearings on the proposed listing rule:
    (1) A public informational session from 5:00 p.m. to 6:00 p.m., 
followed by a public hearing from 6:30 p.m. to 8:30 p.m. on June 13, 
2017, in Laredo, Texas (see ADDRESSES); and
    (2) A public informational session from 5:00 p.m. to 6:00 p.m., 
followed by a public hearing from 6:30 p.m. to 8:30 p.m. on June 15, 
2017, in Carlsbad, New Mexico (see ADDRESSES).
    People needing reasonable accommodations in order to attend and 
participate in the public meetings should contact the Texas Coastal 
Ecological Services Field Office, at 281-286-8282, as soon as possible 
(see FOR FURTHER INFORMATION CONTACT). In order to allow sufficient 
time to process requests, please call no later than 1 week before the 
meeting date.

ADDRESSES: Document availability: You may obtain copies of the proposed 
rule and Species Status Assessment Report on the Internet at http://www.regulations.gov at Docket No. FWS-R2-ES-2016-0077, or by mail from 
the Texas Coastal Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).
    Written comments: 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-R2-ES-2016-0077. 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-2016-0077; 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 http://

[[Page 24655]]

www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Information Requested 
section below for more information)
    Public meetings and hearings: The public informational meetings 
will be held on the following dates and locations:
    1. A public informational session from 5:00 p.m. to 6:00 p.m., 
followed by a public hearing from 6:30 p.m. to 8:30 p.m. at Student 
Center Ballroom #203, Texas A&M International University, 5201 
University Blvd., Laredo, Texas 78041, on June 13, 2017.
    2. A public informational session from 5:00 p.m. to 6:00 p.m., 
followed by a public hearing from 6:30 p.m. to 8:30 p.m. at the Pecos 
River Village Conference Center, 711 Muscatel Ave., Carlsbad, NM 88220, 
on June 15, 2017.

FOR FURTHER INFORMATION CONTACT: Chuck Ardizzone, U.S. Fish and 
Wildlife Service, Texas Coastal Ecological Services Field Office, 17629 
El Camino Real #211, Houston, TX 77058; by telephone 281-286-8282; or 
by facsimile 281-488-5882. 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, 
Native American tribes, the scientific community, industry, or any 
other interested parties concerning this proposed rule. We particularly 
seek comments concerning:
    (1) The Texas hornshell's biology, range, and population trends, 
including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding and spawning;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) Factors that may affect the continued existence of the species, 
which may include habitat modification or destruction, overutilization, 
disease, predation, the inadequacy of existing regulatory mechanisms, 
or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to this species and existing regulations 
that may be addressing those threats.
    (4) Additional information concerning the historical and current 
status, range, distribution, and population size of this species, 
including the locations of any additional populations of this species, 
particularly in Mexico.
    (5) Information related to climate change within the range of the 
Texas hornshell and how it may affect the species' habitat.
    (6) The reasons why areas should or should not be designated as 
critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et 
seq.)
    (7) Specific information on:
    (a) The amount and distribution of habitat for the Texas hornshell;
    (b) What areas, that are currently occupied and that contain the 
physical and biological features essential to the conservation of the 
Texas hornshell, should be included in a critical habitat designation 
and why;
    (c) Special management considerations or protection that may be 
needed for the essential features in potential critical habitat areas, 
including managing for the potential effects of climate change; and
    (d) What areas not occupied at the time of listing are essential 
for the conservation of the species and why.
    If you previously submitted comments or information on the August 
10, 2016, proposed rule (81 FR 52796), please do not resubmit them. We 
have incorporated them into the public record, and we will fully 
consider them in our final determination. Our final determination 
concerning the proposed rulemaking will take into consideration all 
written comments and any information we receive.
    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 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 the 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 
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 http://www.regulations.gov. Please include 
sufficient information with your comments to allow us to verify any 
scientific or commercial information you include.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, will be available 
for public inspection on http://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Texas Coastal Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT). You may obtain copies of the proposed rule on the 
Internet at http://www.regulations.gov at Docket No. FWS-R2-ES-2016-
0077, or by mail from the U.S. Fish and Wildlife Service, Texas Coastal 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Background

    On August 10, 2016, we published a proposed rule (81 FR 52796) to 
list the Texas hornshell as an endangered species under the Act. The 
publication of this proposed rule was pursuant to a court-approved 
settlement agreement (Endangered Species Act Section 4 Deadline 
Litigation, No. 10-377 (EGS), MDL Docket No. 2165 (D.D.C. May 10, 
2011)). That proposal had a 60-day comment period, ending October 11, 
2016. The Act and the relevant settlement agreement require that we 
publish a final listing determination for the Texas hornshell on or 
before August 10, 2017. For a description of previous Federal actions 
concerning the Texas hornshell, please refer to the August 10, 2016, 
proposed listing rule (81 FR 52796).
    During the comment period for the proposed listing rule, we 
received several requests for public hearings. We are reopening the 
comment period on our proposal to list the Texas hornshell as an 
endangered species for 30 days (see DATES) to hold those public 
hearings and allow the public an opportunity to provide comments on our 
proposal.

[[Page 24656]]

Authority

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

    Dated: May 4, 2017.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-11189 Filed 5-26-17; 8:45 am]
 BILLING CODE 4333-15-P