Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for the Louisiana Pinesnake, 46748-46749 [2017-21591]

Download as PDF asabaliauskas on DSKBBXCHB2PROD with PROPOSALS 46748 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules 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, August 10, 1999); • 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 Clean Air Act; and • does not provide the 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 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 the EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a VerDate Sep<11>2014 17:27 Oct 05, 2017 Jkt 244001 ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 11, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 6, 2017. Catherine R. McCabe, Acting Regional Administrator, Region 2. [FR Doc. 2017–21521 Filed 10–5–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R4–ES–2016–0121; 4500030113] RIN 1018–BB46 Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for the Louisiana Pinesnake Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of the comment period. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce a 6-month extension of the final determination of whether to list the Louisiana pinesnake (Pituophis ruthveni) as a threatened species. We also reopen the comment period on the proposed rule to list the species for an additional 30 days. We are taking this action based on substantial disagreement regarding available information related to the interpretation SUMMARY: PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 of the available survey data used to determine the Louisiana pinesnake’s status and trends. 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. We will submit a final listing determination to the Federal Register for publication on or before April 6, 2018. DATES: The comment period for the proposed rule published October 6, 2016 (81 FR 69454), is reopened. We will accept comments received or postmarked on or before November 6, 2017. If you comment using the Federal eRulemaking Portal (see ADDRESSES), you must submit your comments by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: Document availability: You may obtain copies of the proposed rule on the Internet at https:// www.regulations.gov at Docket No. FWS–R4–ES–2016–0121. Copies of the proposed rule are also available at https://www.fws.gov/southeast/ lafayette/. Comment submission: You may submit comments by one of the following methods: 1. Federal eRulemaking Portal: https:// www.regulations.gov. In the Search box, enter the docket number for this proposed rule, which is FWS–R4–ES– 2016–0121. Then click on the Search button. You may submit a comment by clicking on ‘‘Comment Now!’’ Please ensure that you have found the correct rulemaking before submitting your comment. 2. U.S. mail or hand delivery: Public Comments Processing, Attn: Docket No. FWS–R4–ES–2016–0121; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041– 3803. FOR FURTHER INFORMATION CONTACT: Joseph Ranson, Field Supervisor, U.S. Fish and Wildlife Service, Louisiana Ecological Services Office, 646 Cajundome Blvd., Suite 400, Lafayette, LA; telephone 337–291–3101. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: Background On October 6, 2016 (81 FR 69454), we published under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), a proposed rule to add the Louisiana pinesnake as a threatened species to the List of Endangered and Threatened Wildlife in title 50 of the Code of Federal Regulations (50 CFR 17.11(h)). That E:\FR\FM\06OCP1.SGM 06OCP1 asabaliauskas on DSKBBXCHB2PROD with PROPOSALS Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules proposal had a 60-day comment period, ending December 5, 2016. We also solicited and received independent scientific review of the information contained in the proposed rule from peer reviewers with expertise in the Louisiana pinesnake or similar species, in accordance with our July 1, 1994, peer review policy (59 FR 34270). For a description of previous Federal actions concerning the Louisiana pinesnake, please refer to the proposed listing rule. Section 4(b)(6) of the Act and its implementing regulations at 50 CFR 424.17(a) require that we take one of three actions within 1 year of a proposed listing and concurrent proposed designation of critical habitat: (1) Finalize the proposed rule; (2) withdraw the proposed rule; or (3) extend the final determination by not more than 6 months, if there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the determination. Since the publication of the October 6, 2016, proposed listing rule (81 FR 69454), there has been substantial disagreement regarding available information related to the interpretation of the available survey data used to determine the Louisiana pinesnake’s status and trends. Specifically, during the public comment period, we received multiple comments on the proposed listing and the sufficiency or accuracy of the available data used to support it. In particular, the comments reflected significant disagreement, including from one of the peer reviewers, regarding the interpretation of the available data used to determine the Louisiana pinesnake’s status and trends, including the current conservation status of the Louisiana pinesnake in Louisiana and, particularly, in Texas. Therefore, in consideration of these disagreements, we have determined that a 6-month extension of the final determination for this rulemaking is necessary, and we are hereby extending the final determination for 6 months in order to solicit and consider additional information that will help to clarify these issues and to fully analyze data that are relevant to our final listing determination. With this 6-month extension, we will make a final determination on the proposed rule no later than April 6, 2018. Information Requested We will accept written comments and information during this reopened comment period on our proposed listing rule. We will consider information and recommendations from all interested parties. We intend that any final action resulting from the proposal be as VerDate Sep<11>2014 17:27 Oct 05, 2017 Jkt 244001 accurate as possible and based on the best available scientific and commercial data. We are particularly interested in new information and comments regarding: (1) The interpretation of scientific literature in the proposed rulemaking, and whether we overlooked any scientific literature in our analysis. In particular, some commenters expressed concern that there is insufficient scientific information (survey data in particular) to adequately assess the conservation status of the species, while others expressed concern that the available scientific information supports an endangered determination. (2) Additional survey information, including maps, throughout the Louisiana pinesnake’s range, especially for Texas. (3) Trapping results to determine the Louisiana pinesnake’s estimated occupied habitat areas (EOHAs). During the peer review period, peer reviewers were critical of methods used to determine EOHAs and questioned the interpretation that resulted from our analysis. If you previously submitted comments or information on the October 6, 2016, proposed rule (81 FR 69454), please do not resubmit them. We have incorporated previously submitted comments into the public record, and we will fully consider them in the preparation of our final determination. Our final determination concerning the proposed listing will take into consideration all written comments and any additional information we receive. You may submit your comments and materials concerning the proposed rule by one of the methods listed in ADDRESSES, above. 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, Louisiana Ecological Services PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 46749 Office (see FOR FURTHER INFORMATION CONTACT). Authority: The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: August 30, 2017. James W. Kurth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2017–21591 Filed 10–5–17; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 RIN 0648–BF82 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Essential Fish Habitat National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of fishery management plan amendment; request for comments. AGENCY: The New England Fishery Management Council has submitted the Omnibus Essential Fish Habitat Amendment 2, incorporating an Environmental Impact Statement, for review by the Secretary of Commerce. NMFS is requesting comments from the public on the Omnibus Amendment, which was developed by the Council to revise the essential fish habitat designations for each Council-managed species, designate Habitat Areas of Particular Concern, revise the system of essential fish habitat management areas, address seasonal groundfish spawning spatial management, establish Dedicated Habitat Research Areas, and identify actions that can be modified by framework and other administrative concerns relating to the Amendment. The intended effect of this action is to ensure the Council’s fishery management plans comply with the Magnuson-Stevens Fishery Conservation and Management Act’s requirements to routinely review and update essential fish habitat designations and to continue to minimize to the extent practicable the adverse effects of fishing on such designated habitat. DATES: Public comments must be received on or before December 5, 2017. SUMMARY: E:\FR\FM\06OCP1.SGM 06OCP1

Agencies

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Proposed Rules]
[Pages 46748-46749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21591]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2016-0121; 4500030113]
RIN 1018-BB46


Endangered and Threatened Wildlife and Plants; 6-Month Extension 
of Final Determination on the Proposed Threatened Status for the 
Louisiana Pinesnake

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of the comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
6-month extension of the final determination of whether to list the 
Louisiana pinesnake (Pituophis ruthveni) as a threatened species. We 
also reopen the comment period on the proposed rule to list the species 
for an additional 30 days. We are taking this action based on 
substantial disagreement regarding available information related to the 
interpretation of the available survey data used to determine the 
Louisiana pinesnake's status and trends. 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. We will 
submit a final listing determination to the Federal Register for 
publication on or before April 6, 2018.

DATES: The comment period for the proposed rule published October 6, 
2016 (81 FR 69454), is reopened. We will accept comments received or 
postmarked on or before November 6, 2017. If you comment using the 
Federal eRulemaking Portal (see ADDRESSES), you must submit your 
comments by 11:59 p.m. Eastern Time on the closing date.

ADDRESSES: Document availability: You may obtain copies of the proposed 
rule on the Internet at https://www.regulations.gov at Docket No. FWS-
R4-ES-2016-0121. Copies of the proposed rule are also available at 
https://www.fws.gov/southeast/lafayette/.
    Comment submission: You may submit comments by one of the following 
methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. In the 
Search box, enter the docket number for this proposed rule, which is 
FWS-R4-ES-2016-0121. Then click on the Search button. You may submit a 
comment by clicking on ``Comment Now!'' Please ensure that you have 
found the correct rulemaking before submitting your comment.
    2. U.S. mail or hand delivery: Public Comments Processing, Attn: 
Docket No. FWS-R4-ES-2016-0121; U.S. Fish and Wildlife Service, MS: 
BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Joseph Ranson, Field Supervisor, U.S. 
Fish and Wildlife Service, Louisiana Ecological Services Office, 646 
Cajundome Blvd., Suite 400, Lafayette, LA; telephone 337-291-3101. 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    On October 6, 2016 (81 FR 69454), we published under the Endangered 
Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), a 
proposed rule to add the Louisiana pinesnake as a threatened species to 
the List of Endangered and Threatened Wildlife in title 50 of the Code 
of Federal Regulations (50 CFR 17.11(h)). That

[[Page 46749]]

proposal had a 60-day comment period, ending December 5, 2016. We also 
solicited and received independent scientific review of the information 
contained in the proposed rule from peer reviewers with expertise in 
the Louisiana pinesnake or similar species, in accordance with our July 
1, 1994, peer review policy (59 FR 34270). For a description of 
previous Federal actions concerning the Louisiana pinesnake, please 
refer to the proposed listing rule.
    Section 4(b)(6) of the Act and its implementing regulations at 50 
CFR 424.17(a) require that we take one of three actions within 1 year 
of a proposed listing and concurrent proposed designation of critical 
habitat: (1) Finalize the proposed rule; (2) withdraw the proposed 
rule; or (3) extend the final determination by not more than 6 months, 
if there is substantial disagreement regarding the sufficiency or 
accuracy of the available data relevant to the determination.
    Since the publication of the October 6, 2016, proposed listing rule 
(81 FR 69454), there has been substantial disagreement regarding 
available information related to the interpretation of the available 
survey data used to determine the Louisiana pinesnake's status and 
trends. Specifically, during the public comment period, we received 
multiple comments on the proposed listing and the sufficiency or 
accuracy of the available data used to support it. In particular, the 
comments reflected significant disagreement, including from one of the 
peer reviewers, regarding the interpretation of the available data used 
to determine the Louisiana pinesnake's status and trends, including the 
current conservation status of the Louisiana pinesnake in Louisiana 
and, particularly, in Texas. Therefore, in consideration of these 
disagreements, we have determined that a 6-month extension of the final 
determination for this rulemaking is necessary, and we are hereby 
extending the final determination for 6 months in order to solicit and 
consider additional information that will help to clarify these issues 
and to fully analyze data that are relevant to our final listing 
determination. With this 6-month extension, we will make a final 
determination on the proposed rule no later than April 6, 2018.

Information Requested

    We will accept written comments and information during this 
reopened comment period on our proposed listing rule. We will consider 
information and recommendations from all interested parties. We intend 
that any final action resulting from the proposal be as accurate as 
possible and based on the best available scientific and commercial 
data.
    We are particularly interested in new information and comments 
regarding:
    (1) The interpretation of scientific literature in the proposed 
rulemaking, and whether we overlooked any scientific literature in our 
analysis. In particular, some commenters expressed concern that there 
is insufficient scientific information (survey data in particular) to 
adequately assess the conservation status of the species, while others 
expressed concern that the available scientific information supports an 
endangered determination.
    (2) Additional survey information, including maps, throughout the 
Louisiana pinesnake's range, especially for Texas.
    (3) Trapping results to determine the Louisiana pinesnake's 
estimated occupied habitat areas (EOHAs). During the peer review 
period, peer reviewers were critical of methods used to determine EOHAs 
and questioned the interpretation that resulted from our analysis.
    If you previously submitted comments or information on the October 
6, 2016, proposed rule (81 FR 69454), please do not resubmit them. We 
have incorporated previously submitted comments into the public record, 
and we will fully consider them in the preparation of our final 
determination. Our final determination concerning the proposed listing 
will take into consideration all written comments and any additional 
information we receive.
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in ADDRESSES, above. 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, 
Louisiana Ecological Services Office (see FOR FURTHER INFORMATION 
CONTACT).

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

    Dated: August 30, 2017.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-21591 Filed 10-5-17; 8:45 am]
 BILLING CODE 4333-15-P

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