Endangered and Threatened Wildlife and Plants; Technical Corrections for Four Midwest Mussel Species, 15143-15146 [2022-05526]
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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations
List of Subjects in 49 CFR Part 214
Occupational safety and health,
Railroad safety.
The Rule
For the reasons discussed in the
preamble, FRA amends part 214 of
chapter II, subtitle B of title 49, Code of
Federal Regulations, as follows:
PART 214—RAILROAD WORKPLACE
SAFETY
1. The authority citation for part 214
continues to read as follows:
■
2. Amend § 214.322 by adding
paragraph (i) to read as follows:
■
*
*
*
*
(i) For purposes of complying with
paragraph (h) of this section, electronic
display systems may use multi-factor
authentication for digital authentication
of the subject.
■ 3. Amend § 214.505 by revising the
introductory text of paragraph (a) and
adding paragraph (i) to read as follows:
§ 214.505 Required environmental control
and protection systems for new on-track
roadway maintenance machines with
enclosed cabs.
khammond on DSKJM1Z7X2PROD with RULES
DEPARTMENT OF THE INTERIOR
50 CFR Part 17
*
(a) With the exception of machines
subject to paragraph (i) of this section,
the following new on-track roadway
maintenance machines shall be
equipped with operative heating
systems, operative air conditioning
systems, and operative positive
pressurized ventilation systems:
*
*
*
*
*
(i) Paragraph (a) of this section is not
applicable to machines that are
incapable of performing work functions
other than by remote operation and are
equipped with no operating controls
(i.e., remotely operated roadway
maintenance machines) if the following
conditions are met.
(1) If a remotely operated roadway
maintenance machine is operated from
the cab of a separate machine, that
separate machine must comply with
paragraph (a) of this section.
(2) If a remotely operated roadway
maintenance machine is operated
outside of the main cab of the separate
machine in a manner that will expose
the operator to air contaminants, as
outlined in 29 CFR 1910.1000, the
employee shall be protected in
compliance with 29 CFR 1910.134.
(3) No person is permitted on the
remotely operated roadway
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BILLING CODE 4910–06–P
Fish and Wildlife Service
§ 214.322 Exclusive track occupancy,
electronic display.
16:41 Mar 16, 2022
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022–05625 Filed 3–16–22; 8:45 am]
Authority: 49 U.S.C. 20102–20103, 20107,
21301–21302, 21304, 28 U.S.C. 2461, note;
and 49 CFR 1.89.
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maintenance machine while the
equipment is operating.
(4) Each remotely operated roadway
maintenance machine must be clearly
identified by stenciling, marking, or
other written notice in a conspicuous
location on the machine indicating the
potential hazards of the machine being
operated from a distance or that the
machine may move automatically.
[Docket No. FWS–R3–ES–2022–0006;
FXES11130300000–223–FF03E00000]
1018–BE37
Endangered and Threatened Wildlife
and Plants; Technical Corrections for
Four Midwest Mussel Species
Fish and Wildlife Service,
Interior.
ACTION: Direct final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce the revised
taxonomy of four species of mussels
under the Endangered Species Act of
1973, as amended (Act). We are revising
the List of Endangered and Threatened
Wildlife and related regulations under
the Act to reflect the scientifically
accepted taxonomy and nomenclature of
these species.
DATES: This rule is effective June 15,
2022 without further action, unless
significant adverse comment is received
by April 18, 2022. If significant adverse
comment is received, we will publish a
timely withdrawal of the rule for the
appropriate species in the Federal
Register.
ADDRESSES: 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 FWS–R3–ES–2022–0006, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, click on the
Proposed Rule box to locate this
document. You may submit a comment
by clicking on ‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
SUMMARY:
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15143
Processing, Attn: FWS–R3–ES–2022–
0006, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
See Public Comments under
SUPPLEMENTARY INFORMATION, below, for
more information about submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Laura Ragan, Midwest Regional
Recovery Coordinator, U.S. Fish and
Wildlife Service, Midwest Regional
Office, 5600 American Boulevard West,
Suite 990, Bloomington, MN 55437;
telephone 612–713–5157; email Laura_
Ragan@fws.gov. Individuals in the
United States who are deaf, deafblind,
hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Purpose of Direct Final Rule and Final
Action
The purpose of this direct final rule
is to notify the public that we are
revising: (1) The List of Endangered and
Threatened Wildlife in title 50 of the
Code of Federal Regulations (CFR) at
§ 17.11(h) (50 CFR 17.11(h)) to reflect
the scientifically accepted taxonomy
and nomenclature of four freshwater
mussel species listed under section 4 of
the Act (16 U.S.C. 1531 et seq.). These
changes reflect the most recently
accepted common and scientific names
in accordance with 50 CFR 17.11(b) and
(c). We are also updating the
nomenclature for one of the species at
50 CFR 17.85.
We are publishing this rule without a
prior proposal because this is a
noncontroversial action that is in the
best interest of the public and should be
undertaken in as timely a manner as
possible. This rule will be effective, as
published in this document, on the
effective date specified in DATES, unless
we receive significant adverse
comments by the comment due date
specified in DATES. Significant adverse
comments are comments that provide
strong justification as to why our rule
should not be adopted or why it should
be changed.
If we receive significant adverse
comments regarding the taxonomic
changes for any of these species, we will
publish a document in the Federal
Register withdrawing this rule for the
appropriate species before the effective
date, and, if appropriate, we will
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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations
information from public review, we
cannot guarantee that we will be able to
do so.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this direct final rule,
will be available for public inspection
on the internet at https://
www.regulations.gov or by appointment,
during normal business hours at the
U.S. Fish and Wildlife Service location
listed above in FOR FURTHER
INFORMATION CONTACT. Please note that
comments posted to https://
www.regulations.gov are not
immediately viewable. When you
submit a comment, the system receives
it immediately. However, the comment
will not be publicly viewable until we
post it, which might not occur until
several days after submission.
Information regarding this rule is
available in alternative formats upon
request (see FOR FURTHER INFORMATION
CONTACT).
publish a proposed rule to initiate
promulgation of those changes to 50
CFR 17.11(h).
Public Comments
You may submit your comments and
materials regarding this direct final rule
by one of the methods listed in
ADDRESSES. Please include sufficient
information with your comment that
allows us to verify any scientific or
commercial information you include.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us. Before
including your address, phone number,
email address, or other personal
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
Species name as currently listed
Common name
Epioblasma
Epioblasma
Epioblasma
Epioblasma
Taxonomic Classification
khammond on DSKJM1Z7X2PROD with RULES
Epioblasma Curtisii
The scientific name change of
Epioblasma curtisii (Curtis
pearlymussel) from Epioblasma
florentina curtisii is supported by
phylogenetic analyses, its distinctive
shell morphology, and distinct
geographical range. These findings
support the elevation of curtisii from
subspecies to species (Williams et al.
2017, p. 48). To the extent practicable,
the Service relies on the Integrated
Taxonomic Information System (ITIS) to
determine a species’ scientific name.
ITIS incorporates the naming principles
established by the International Code of
Zoological Nomenclature, produced by
the International Commission on
Zoological Nomenclature, an
organization that provides and regulates
a uniform system of zoological
nomenclature. While ITIS is a reliable
database source of taxonomic
information, in this instance ITIS is
incomplete. The junior synonym,
Epioblasma florentina curtisii, is
considered to be invalid in ITIS. Upon
review of ITIS’s underlying data, we
consider the information that displays
the scientific name for Curtis
pearlymussel to be incomplete as no
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Sections 17.11(c) and 17.12(b) of title
50 of the CFR direct us to use the most
recently accepted scientific name of any
species that we have determined to be
an endangered or threatened species.
Using the best available scientific
information, this direct final rule
documents taxonomic changes of the
scientific names to four entries under
‘‘Clams’’ on the current List of
Endangered and Threatened Wildlife
(‘‘List’’; 50 CFR 17.11(h)). This rule also
makes slight modifications to two
common names, and those changes have
the result of changing the placement of
these species on the List. The basis for
these taxonomic changes is supported
by published studies in peer-reviewed
journals. Accordingly, we revise the
common and scientific names of these
species under section 4 of the Act (16
U.S.C. 1531 et seq.) as follows:
Corrected name for addition to the list
Scientific name
Pearlymussel, Curtis ......................
Purple cat’s paw (pearlymussel) ....
Catspaw, white (pearlymussel) ......
Riffleshell, northern ........................
Background
Common name
florentina curtisii ........
obliquata obliquata ...
obliquata perobliqua
torulosa rangiana ......
Scientific name
Pearlymussel, Curtis .....................
Pearlymussel, purple cat’s paw ....
Pearlymussel, white cat’s paw .....
Riffleshell, northern .......................
Epioblasma
Epioblasma
Epioblasma
Epioblasma
curtisii.
obliquata.
perobliqua.
rangiana.
valid name is provided for the species.
The Service finds that the Curtis
pearlymussel should be recognized as
Epioblasma curtisii and is a valid
listable entity. This species will
continue to be listed as endangered, and
no other aspect of the entry for this
species in 50 CFR 17.11(h) will change
as a result of this rule.
In addition to the listing of purple
cat’s paw pearlymussel in § 17.11(h),
this species is also included in a rule
that sets forth provisions for a
nonessential experimental population of
17 mollusks in the Tennessee River at
§ 17.85. Therefore, we are also revising
50 CFR 17.85(a) to change the species’
name in those regulations.
Epioblasma Obliquata
Epioblasma Perobliqua
The scientific name change of
Epioblasma obliquata (purple cat’s paw
pearlymussel) from Epioblasma
obliquata obliquata is supported by
phylogenetic analyses, its distinctive
shell morphology, and distinct
geographical range. These findings
support the elevation of obliquata from
subspecies to species (Williams et al.
2017, p. 48). In ITIS, Epioblasma
obliquata is the accepted scientific
name of purple cat’s paw pearlymussel.
ITIS includes an additional common
name for Epioblasma obliquata,
catspaw, which is recognized by species
experts as an alternate common name.
This species will continue to be listed
as endangered, and no other aspect of
the entry for this species in 50 CFR
17.11(h) will change as a result of this
rule.
The scientific name change of
Epioblasma perobliqua (white cat’s paw
pearlymussel) from Epioblasma
obliquata perobliqua is supported by
phylogenetic analyses, its distinctive
shell morphology, and distinct
geographical range. These findings
support the elevation of perobliqua from
subspecies to species (Williams et al.
2017, p. 48). While the Service often
relies on ITIS as a reliable database
source of taxonomic information, in this
instance ITIS is incomplete. The junior
synonym, Epioblasma obliquata
perobliqua, is considered to be invalid
in ITIS. Upon review of ITIS’s
underlying data, we consider the
information that displays the scientific
name for white cat’s paw pearlymussel
to be incomplete as no valid name is
provided for the species. ITIS includes
an additional common name for white
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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations
cat’s paw pearlymussel, white catspaw,
which is recognized by species experts
as an alternate common name. The
Service finds that the white cat’s paw
pearlymussel should be recognized as
Epioblasma perobliqua and is a valid
listable entity. This species will
continue to be listed as endangered, and
no other aspect of the entry for this
species in 50 CFR 17.11(h) will change
as a result of this rule.
Epioblasma Rangiana
The scientific name change of
Epioblasma rangiana (northern
riffleshell) from Epioblasma torulosa
rangiana is supported by phylogenetic
analyses and the lack of intergradation
between E. t. torulosa and E. t. rangiana.
These findings support the elevation of
rangiana from subspecies to species
(Cummings and Berlocher 1990, p. 92;
Williams et al. 2017, p. 48). Epioblasma
rangiana is the accepted scientific name
of northern riffleshell in ITIS. This
species will continue to be listed as
endangered, and no other aspect of the
Common name
*
entry for this species in 50 CFR 17.11(h)
will change as a result of this rule.
References Cited
A complete list of the referenced
materials is available at https://
www.regulations.gov at Docket No.
FWS–R3–ES–2022–0006 or upon
request from the U.S. Fish and Wildlife
Service (see FOR FURTHER INFORMATION
CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
For the reasons given in the preamble,
we amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal
Regulations, as set forth below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
2. Amend § 17.11, in paragraph (h),
the List of Endangered and Threatened
Wildlife, under Clams, by:
■ a. Removing both entries for ‘‘Purple
cat’s paw (pearlymussel)’’ and the entry
for ‘‘Catspaw, white (pearlymussel)’’;
■ b. Revising the entry for
‘‘Pearlymussel, Curtis’’;
■ c. Adding in alphabetic order two
entries for ‘‘Pearlymussel, purple cat’s
paw’’ and an entry for ‘‘Pearlymussel,
white cat’s paw’’; and
■ d. Revising the entry for ‘‘Riffleshell,
northern’’.
The revisions and additions read as
follows:
■
§ 17.11 Endangered and threatened
wildlife.
*
1. The authority citation for part 17
continues to read as follows:
■
Scientific name
*
Authority: 16. U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
Where listed
*
*
*
*
(h) * * *
Status
*
*
*
Listing citations and applicable
rules
*
*
CLAMS
*
*
Pearlymussel, Curtis .................
*
Epioblasma curtisii ...................
*
*
Wherever found ........................
*
*
Pearlymussel, purple cat’s paw
*
Epioblasma obliquata ...............
Pearlymussel, purple cat’s paw
Epioblasma obliquata ...............
*
*
Wherever found, except where
listed as an experimental
population.
U.S.A. (AL—specified portions
of the Tennessee River; see
§ 17.85(a)(1)).
*
*
Pearlymussel, white cat’s paw ..
*
Epioblasma perobliqua .............
*
*
Wherever found ........................
E
*
*
41 FR 24062, 6/14/1976.
*
*
Riffleshell, northern ...................
*
Epioblasma rangiana ................
*
*
Wherever found ........................
E
*
*
58 FR 5638, 1/22/1993.
*
*
*
3. In § 17.85, in paragraph (a)
introductory text, amend the table by
removing the entry for ‘‘catspaw (purple
■
*
*
*
41 FR 24062, 6/14/1976.
E
*
*
55 FR 28209, 7/10/1990.
XN
66 FR 32250, 6/14/2001; 50
CFR 17.85(a).10j
*
cat’s paw pearlymussel)’’ and adding in
its place an entry for ‘‘purple cat’s paw
pearlymussel’’ to read as follows:
Common name
khammond on DSKJM1Z7X2PROD with RULES
E
*
§ 17.85
Special rules—invertebrates.
(a) * * *
Scientific name
*
*
*
*
*
purple cat’s paw pearlymussel ................................................................. Epioblasma obliquata.
*
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*
16:41 Mar 16, 2022
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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations
*
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*
Effective on May 1, 2022.
The New England Fishery
Management Council prepared a
Supplemental Information Report (SIR)
for these specifications that describes
the action and any changes from the
original environmental assessment (EA)
and analyses for this 2022–2023
specifications action. Copies of the SIR,
original EA, and other supporting
documents for this action, are available
upon request from Thomas A. Nies,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. These
documents are also accessible via the
internet at https://www.nefmc.org/
management-plans/skates.
FOR FURTHER INFORMATION CONTACT:
Cynthia Ferrio, Fishery Policy Analyst,
(978) 281–9180.
SUPPLEMENTARY INFORMATION:
DATES:
ADDRESSES:
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022–05526 Filed 3–16–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 220311–0070; RTID 0648–
XX075]
Fisheries of the Northeastern United
States; Northeast Skate Complex; 2022
and 2023 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues final Northeast
skate specifications for the 2022 fishing
year, and projects specifications for
fishing year 2023, as recommended by
the New England Fishery Management
Council. This action is necessary to
establish annual allowable harvest
levels for the skate fishery that prevent
overfishing while enabling optimum
yield, using the best scientific
information available.
SUMMARY:
Background
The New England Fishery
Management Council manages a
complex of seven skate species
(barndoor, clearnose, little, rosette,
smooth, thorny, and winter skate) in the
New England and Mid-Atlantic regions
under the Northeast Skate Complex
Fishery Management Plan (FMP). Skates
are harvested and managed in two
different fishery sectors, one for food
(the wing fishery) and one for bait used
in other fisheries (the bait fishery). The
FMP requires the review and
specification of an acceptable biological
catch (ABC), annual catch limit (ACL),
annual catch target (ACT), fishery-level
total allowable landings (TAL) limit,
separate TALs for the wing and bait
fisheries, and other management
measures, as needed, for up to two
fishing years at a time. This action
implements skate specifications for the
2022 fishing year, and projects
specifications for 2023, as
recommended by the Council.
The proposed rule for this action
published in the Federal Register on
January 18, 2022 (87 FR 2587), and
comments were accepted through
February 17, 2022. NMFS did not
receive any comments from the public
during this period. Additional
background information regarding the
development of these specifications was
provided in the proposed rule and is not
repeated here.
Specifications
This action implements the Council’s
recommended 2022 and projected 2023
skate catch specifications (Table 1), as
outlined in the proposed rule. These
specifications increase the ABC by 14
percent and annual quotas for both the
wing and bait fisheries by 18 percent in
fishing year 2022. Specifications for
fishing year 2023 are projected to be
unchanged from 2022.
TABLE 1—SUMMARY OF FINAL 2022 AND PROJECTED 2023 SKATE FISHERY SPECIFICATIONS
Metric tons
khammond on DSKJM1Z7X2PROD with RULES
ABC = ACL ..............................................................................................................................................................
ACT ..........................................................................................................................................................................
Overall Fishery TAL .................................................................................................................................................
Wing TAL (66.5% of Overall TAL) ...........................................................................................................................
Wing Season 1 TAL (57% of Wing TAL) ................................................................................................................
Wing Season 2 TAL ................................................................................................................................................
Bait TAL (33.5% of Overall TAL) .............................................................................................................................
Bait Season 1 TAL (30.8% of Bait TAL) .................................................................................................................
Bait Season 2 TAL (37.1% of Bait TAL) .................................................................................................................
Bait Season 3 TAL ..................................................................................................................................................
All other fishery management
measures, such as trip limits, remain
unchanged under this action. The
Council will review the projected
specifications for fishing year 2023 in
light of any new information to
determine if any changes need to be
made prior to their implementation.
NMFS will publish a notice prior to the
2023 fishing year to confirm these limits
as projected or propose any necessary
changes.
Comments and Responses
The public comment period for the
proposed rule ended on February 17,
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16:41 Mar 16, 2022
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2022. NMFS received no comments
from the public during this period.
Changes From the Proposed Rule
There are no changes from the
proposed rule.
Classification
The NMFS Administrator, Greater
Atlantic Region, has determined that
these specifications are necessary for the
conservation and management of the
Northeast skate fishery, and that it is
consistent with the Northeast Skate
Complex FMP, other provisions of the
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37,236
33,513
21,142
14,059
8,014
6,045
7,082
2,181
2,627
2,274
Million lb
82.091
73.883
46.610
30.995
17.668
13.327
15.613
4.808
5.792
5.013
Magnuson-Stevens Act, and other
applicable laws.
This final rule is exempt from review
under Executive Order 12866 because
the action contains no implementing
regulations.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
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]]>Agencies
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Rules and Regulations]
[Pages 15143-15146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05526]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R3-ES-2022-0006; FXES11130300000-223-FF03E00000]
1018-BE37
Endangered and Threatened Wildlife and Plants; Technical
Corrections for Four Midwest Mussel Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce the revised
taxonomy of four species of mussels under the Endangered Species Act of
1973, as amended (Act). We are revising the List of Endangered and
Threatened Wildlife and related regulations under the Act to reflect
the scientifically accepted taxonomy and nomenclature of these species.
DATES: This rule is effective June 15, 2022 without further action,
unless significant adverse comment is received by April 18, 2022. If
significant adverse comment is received, we will publish a timely
withdrawal of the rule for the appropriate species in the Federal
Register.
ADDRESSES: 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 FWS-R3-ES-2022-0006,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, click on the
Proposed Rule box to locate this document. You may submit a comment by
clicking on ``Comment.''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R3-ES-2022-0006, U.S. Fish and Wildlife
Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
See Public Comments under SUPPLEMENTARY INFORMATION, below, for
more information about submitting comments.
FOR FURTHER INFORMATION CONTACT: Laura Ragan, Midwest Regional Recovery
Coordinator, U.S. Fish and Wildlife Service, Midwest Regional Office,
5600 American Boulevard West, Suite 990, Bloomington, MN 55437;
telephone 612-713-5157; email [email protected]. Individuals in the
United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Purpose of Direct Final Rule and Final Action
The purpose of this direct final rule is to notify the public that
we are revising: (1) The List of Endangered and Threatened Wildlife in
title 50 of the Code of Federal Regulations (CFR) at Sec. 17.11(h) (50
CFR 17.11(h)) to reflect the scientifically accepted taxonomy and
nomenclature of four freshwater mussel species listed under section 4
of the Act (16 U.S.C. 1531 et seq.). These changes reflect the most
recently accepted common and scientific names in accordance with 50 CFR
17.11(b) and (c). We are also updating the nomenclature for one of the
species at 50 CFR 17.85.
We are publishing this rule without a prior proposal because this
is a noncontroversial action that is in the best interest of the public
and should be undertaken in as timely a manner as possible. This rule
will be effective, as published in this document, on the effective date
specified in DATES, unless we receive significant adverse comments by
the comment due date specified in DATES. Significant adverse comments
are comments that provide strong justification as to why our rule
should not be adopted or why it should be changed.
If we receive significant adverse comments regarding the taxonomic
changes for any of these species, we will publish a document in the
Federal Register withdrawing this rule for the appropriate species
before the effective date, and, if appropriate, we will
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publish a proposed rule to initiate promulgation of those changes to 50
CFR 17.11(h).
Public Comments
You may submit your comments and materials regarding this direct
final rule by one of the methods listed in ADDRESSES. Please include
sufficient information with your comment that allows us to verify any
scientific or commercial information you include.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us. Before including your address, phone number, email address, or
other personal information in your comment, you should be aware that
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask us in
your comment to withhold your personal identifying information from
public review, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this direct final rule, will be
available for public inspection on the internet at https://www.regulations.gov or by appointment, during normal business hours at
the U.S. Fish and Wildlife Service location listed above in FOR FURTHER
INFORMATION CONTACT. Please note that comments posted to https://www.regulations.gov are not immediately viewable. When you submit a
comment, the system receives it immediately. However, the comment will
not be publicly viewable until we post it, which might not occur until
several days after submission. Information regarding this rule is
available in alternative formats upon request (see FOR FURTHER
INFORMATION CONTACT).
Background
Sections 17.11(c) and 17.12(b) of title 50 of the CFR direct us to
use the most recently accepted scientific name of any species that we
have determined to be an endangered or threatened species. Using the
best available scientific information, this direct final rule documents
taxonomic changes of the scientific names to four entries under
``Clams'' on the current List of Endangered and Threatened Wildlife
(``List''; 50 CFR 17.11(h)). This rule also makes slight modifications
to two common names, and those changes have the result of changing the
placement of these species on the List. The basis for these taxonomic
changes is supported by published studies in peer-reviewed journals.
Accordingly, we revise the common and scientific names of these species
under section 4 of the Act (16 U.S.C. 1531 et seq.) as follows:
----------------------------------------------------------------------------------------------------------------
Species name as currently listed Corrected name for addition to the list
----------------------------------------------------------------------------------------------------------------
Common name Scientific name Common name Scientific name
----------------------------------------------------------------------------------------------------------------
Pearlymussel, Curtis................. Epioblasma florentina Pearlymussel, Curtis... Epioblasma curtisii.
curtisii.
Purple cat's paw (pearlymussel)...... Epioblasma obliquata Pearlymussel, purple Epioblasma obliquata.
obliquata. cat's paw.
Catspaw, white (pearlymussel)........ Epioblasma obliquata Pearlymussel, white Epioblasma perobliqua.
perobliqua. cat's paw.
Riffleshell, northern................ Epioblasma torulosa Riffleshell, northern.. Epioblasma rangiana.
rangiana.
----------------------------------------------------------------------------------------------------------------
Taxonomic Classification
Epioblasma Curtisii
The scientific name change of Epioblasma curtisii (Curtis
pearlymussel) from Epioblasma florentina curtisii is supported by
phylogenetic analyses, its distinctive shell morphology, and distinct
geographical range. These findings support the elevation of curtisii
from subspecies to species (Williams et al. 2017, p. 48). To the extent
practicable, the Service relies on the Integrated Taxonomic Information
System (ITIS) to determine a species' scientific name. ITIS
incorporates the naming principles established by the International
Code of Zoological Nomenclature, produced by the International
Commission on Zoological Nomenclature, an organization that provides
and regulates a uniform system of zoological nomenclature. While ITIS
is a reliable database source of taxonomic information, in this
instance ITIS is incomplete. The junior synonym, Epioblasma florentina
curtisii, is considered to be invalid in ITIS. Upon review of ITIS's
underlying data, we consider the information that displays the
scientific name for Curtis pearlymussel to be incomplete as no valid
name is provided for the species. The Service finds that the Curtis
pearlymussel should be recognized as Epioblasma curtisii and is a valid
listable entity. This species will continue to be listed as endangered,
and no other aspect of the entry for this species in 50 CFR 17.11(h)
will change as a result of this rule.
Epioblasma Obliquata
The scientific name change of Epioblasma obliquata (purple cat's
paw pearlymussel) from Epioblasma obliquata obliquata is supported by
phylogenetic analyses, its distinctive shell morphology, and distinct
geographical range. These findings support the elevation of obliquata
from subspecies to species (Williams et al. 2017, p. 48). In ITIS,
Epioblasma obliquata is the accepted scientific name of purple cat's
paw pearlymussel. ITIS includes an additional common name for
Epioblasma obliquata, catspaw, which is recognized by species experts
as an alternate common name. This species will continue to be listed as
endangered, and no other aspect of the entry for this species in 50 CFR
17.11(h) will change as a result of this rule.
In addition to the listing of purple cat's paw pearlymussel in
Sec. 17.11(h), this species is also included in a rule that sets forth
provisions for a nonessential experimental population of 17 mollusks in
the Tennessee River at Sec. 17.85. Therefore, we are also revising 50
CFR 17.85(a) to change the species' name in those regulations.
Epioblasma Perobliqua
The scientific name change of Epioblasma perobliqua (white cat's
paw pearlymussel) from Epioblasma obliquata perobliqua is supported by
phylogenetic analyses, its distinctive shell morphology, and distinct
geographical range. These findings support the elevation of perobliqua
from subspecies to species (Williams et al. 2017, p. 48). While the
Service often relies on ITIS as a reliable database source of taxonomic
information, in this instance ITIS is incomplete. The junior synonym,
Epioblasma obliquata perobliqua, is considered to be invalid in ITIS.
Upon review of ITIS's underlying data, we consider the information that
displays the scientific name for white cat's paw pearlymussel to be
incomplete as no valid name is provided for the species. ITIS includes
an additional common name for white
[[Page 15145]]
cat's paw pearlymussel, white catspaw, which is recognized by species
experts as an alternate common name. The Service finds that the white
cat's paw pearlymussel should be recognized as Epioblasma perobliqua
and is a valid listable entity. This species will continue to be listed
as endangered, and no other aspect of the entry for this species in 50
CFR 17.11(h) will change as a result of this rule.
Epioblasma Rangiana
The scientific name change of Epioblasma rangiana (northern
riffleshell) from Epioblasma torulosa rangiana is supported by
phylogenetic analyses and the lack of intergradation between E. t.
torulosa and E. t. rangiana. These findings support the elevation of
rangiana from subspecies to species (Cummings and Berlocher 1990, p.
92; Williams et al. 2017, p. 48). Epioblasma rangiana is the accepted
scientific name of northern riffleshell in ITIS. This species will
continue to be listed as endangered, and no other aspect of the entry
for this species in 50 CFR 17.11(h) will change as a result of this
rule.
References Cited
A complete list of the referenced materials is available at https://www.regulations.gov at Docket No. FWS-R3-ES-2022-0006 or upon request
from the U.S. Fish and Wildlife Service (see FOR FURTHER INFORMATION
CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
For the reasons given in the preamble, we amend part 17, subchapter
B of chapter I, title 50 of the Code of Federal Regulations, as set
forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16. U.S.C. 1361-1407; 1531-1544; and 4201-4245,
unless otherwise noted.
0
2. Amend Sec. 17.11, in paragraph (h), the List of Endangered and
Threatened Wildlife, under Clams, by:
0
a. Removing both entries for ``Purple cat's paw (pearlymussel)'' and
the entry for ``Catspaw, white (pearlymussel)'';
0
b. Revising the entry for ``Pearlymussel, Curtis'';
0
c. Adding in alphabetic order two entries for ``Pearlymussel, purple
cat's paw'' and an entry for ``Pearlymussel, white cat's paw''; and
0
d. Revising the entry for ``Riffleshell, northern''.
The revisions and additions read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations
Common name Scientific name Where listed Status and applicable
rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Clams
* * * * * * *
Pearlymussel, Curtis............. Epioblasma curtisii Wherever found..... E 41 FR 24062, 6/14/
1976.
* * * * * * *
Pearlymussel, purple cat's paw... Epioblasma Wherever found, E 55 FR 28209, 7/10/
obliquata. except where 1990.
listed as an
experimental
population.
Pearlymussel, purple cat's paw... Epioblasma U.S.A. (AL-- XN 66 FR 32250, 6/14/
obliquata. specified portions 2001; 50 CFR
of the Tennessee 17.85(a).\10j\
River; see Sec.
17.85(a)(1)).
* * * * * * *
Pearlymussel, white cat's paw.... Epioblasma Wherever found..... E 41 FR 24062, 6/14/
perobliqua. 1976.
* * * * * * *
Riffleshell, northern............ Epioblasma rangiana Wherever found..... E 58 FR 5638, 1/22/
1993.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 17.85, in paragraph (a) introductory text, amend the table
by removing the entry for ``catspaw (purple cat's paw pearlymussel)''
and adding in its place an entry for ``purple cat's paw pearlymussel''
to read as follows:
Sec. 17.85 Special rules--invertebrates.
(a) * * *
------------------------------------------------------------------------
Common name Scientific name
------------------------------------------------------------------------
* * * * * * *
purple cat's paw pearlymussel.......... Epioblasma obliquata.
* * * * * * *
------------------------------------------------------------------------
[[Page 15146]]
* * * * *
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-05526 Filed 3-16-22; 8:45 am]
BILLING CODE 4333-15-P
