Endangered and Threatened Wildlife and Plants; Technical Corrections for Four Midwest Mussel Species, 15143-15146 [2022-05526]

Download as PDF 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 Jkt 256001 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. VerDate Sep<11>2014 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: PO 00000 Frm 00113 Fmt 4700 Sfmt 4700 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 E:\FR\FM\17MRR1.SGM 17MRR1 15144 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 VerDate Sep<11>2014 16:41 Mar 16, 2022 Jkt 256001 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 PO 00000 Frm 00114 Fmt 4700 Sfmt 4700 E:\FR\FM\17MRR1.SGM 17MRR1 15145 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. * VerDate Sep<11>2014 * 16:41 Mar 16, 2022 * Jkt 256001 * PO 00000 * Frm 00115 Fmt 4700 * Sfmt 4700 E:\FR\FM\17MRR1.SGM 17MRR1 * * * * 15146 * * Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations * * * 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, VerDate Sep<11>2014 16:41 Mar 16, 2022 Jkt 256001 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 PO 00000 Frm 00116 Fmt 4700 Sfmt 4700 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. E:\FR\FM\17MRR1.SGM 17MRR1

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]


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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

[[Page 15144]]

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