Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Pyramid Pigtoe, 20927-20928 [2024-06221]

Download as PDF Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Proposed Rules (1) Provide the notification required by paragraph (b) of this clause to the Contracting Officer and MARAD as soon as it is known that supplies will be transported by sea; and (2) Comply with all the terms and conditions of this clause. * * * * * Alternate II. As prescribed in 247.574(a) and (a)(3), use the following clause, which uses a different paragraph (c) than the basic clause: Transportation of Supplies by Sea— Alternate II (date) ddrumheller on DSK120RN23PROD with PROPOSALS1 * * * * * (b) If the transportation of supplies by sea is anticipated under this contract, the Contractor shall— (1) Notify the Contracting Officer and Maritime Administration (MARAD) at Cargo.Marad@dot.gov— (i) Within 3 business days after contract award; or (ii) Immediately prior to the shipment departure date necessary to meet delivery schedules, whichever is earlier; and (2) Include in the notification— (i) A statement of the Contractor’s intent to transport supplies by sea; (ii) The contract number; and (iii) The task-order or delivery-order number, when applicable. * * * * * (f) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and MARAD at Cargo.Marad@ dot.gov, Attention: Military Team, one copy of the rated on board vessel operating carrier’s ocean bill of lading, which shall contain the following information: * * * * * (i) If the Contractor did not anticipate transporting any supplies by sea at the time of contract award, and, therefore, did not provide the notification required by paragraph (b) of this clause, but prior to shipment of the supplies, the Contractor learns after the award of the contract that supplies will be transported by sea, the Contractor shall— (1) Provide the notification required by paragraph (b) of this clause to the Contracting Officer and MARAD as soon as it is known that supplies will be transported by sea; and (2) Comply with all the terms and conditions of this clause. * * * * * ■ 8. Amend section 252.247–7025— ■ a. By revising the section heading; and ■ b. In the introductory text by removing ‘‘247.574(c)’’ and adding ‘‘247.574(b)’’ in its place. VerDate Sep<11>2014 17:01 Mar 25, 2024 Jkt 262001 The revision reads as follows: 252.247–7025 * * Reflagging or Repair Work. * * 252.247–7026 * 20927 49989), to list the pyramid pigtoe as a threatened species with a rule issued under section 4(d) of the Act, is withdrawn on March 26, 2024. This withdrawal, comments on our September 7, 2021, proposed rule, and supplementary documents are available for public inspection on the internet at https://www.regulations.gov at Docket No. FWS–R4–ES–2021–0092, and some of these documents are also available on the Service’s website at https://ecos.fws.gov/ecp/species/2781. ADDRESSES: [Amended] 9. Amend section 252.247–7026 introductory text by removing ‘‘247.574(d)’’ and adding ‘‘247.574(c)’’ in its place. ■ 10. Amend section 252.247–7027— ■ a. By revising the section heading; and ■ b. In the introductory text by removing ‘‘247.574(e)’’ and adding ‘‘247.574(d)’’ in its place. The revision reads as follows: ■ FOR FURTHER INFORMATION CONTACT: [Docket No. FWS–R4–ES–2021–0092; FXES1111090FEDR–245–FF09E21000] Janet Mizzi, Field Supervisor, U.S. Fish and Wildlife Service, Asheville Ecological Services Field Office, 160 Zillicoa St., Asheville, NC 28801; telephone 828–258–3939. 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. RIN 1018–BF43 SUPPLEMENTARY INFORMATION: 252.247–7027 Riding Gang Member Requirements. * * * * * [FR Doc. 2024–06004 Filed 3–25–24; 8:45 am] BILLING CODE 6001–FR–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Pyramid Pigtoe Fish and Wildlife Service, Interior. ACTION: Proposed rule; withdrawal. AGENCY: We, the U.S. Fish and Wildlife Service (Service), withdraw the September 7, 2021, proposed rule to list the pyramid pigtoe (Pleurobema rubrum), a freshwater mussel, as a threatened species under the Endangered Species Act of 1973 (Act), as amended. This withdrawal is based on new information we received following publication of the proposed rule that indicates the pyramid pigtoe is not a valid listable entity under the Act. In 2023, a comprehensive genetic analysis throughout the range of the pyramid pigtoe (P. rubrum) and round pigtoe (P. sintoxia) mussels concluded that the two mussels are conspecific and that pyramid pigtoe is not a valid taxon. Individuals previously assigned to P. rubrum are now considered to be P. sintoxia, a wide-ranging common species. Because we are withdrawing the proposal to list the pyramid pigtoe, we are also withdrawing the associated proposed rule issued under section 4(d) of the Act. DATES: The proposed rule that published on September 7, 2021 (86 FR SUMMARY: PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 Previous Federal Actions Please refer to our September 7, 2021, proposed rule (86 FR 49989) for a detailed description of previous Federal actions concerning the pyramid pigtoe. We accepted submission of new information and comments on our September 7, 2021, proposed rule for 60 days, ending November 8, 2021. Finding Consistent with section 4(b)(6)(A)(i)(IV) of the Act, we are notifying the public that we are withdrawing the September 7, 2021, proposed rule to list the pyramid pigtoe as a threatened species with an associated rule issued under section 4(d) of the Act (‘‘4(d) rule’’) (86 FR 49989). The basis for this action is described below. Background It is our intent in this withdrawal to discuss the new information identifying the pyramid pigtoe and round pigtoe as conspecific (belonging to the same species) that serves as the basis for our decision. A thorough review of the life history, ecology, and overall viability of what was considered pyramid pigtoe at the time the September 7, 2021, proposed rule was published is found in the species status assessment report (SSA report) (version 1.0; Service 2021, pp. 19–36). E:\FR\FM\26MRP1.SGM 26MRP1 20928 Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Proposed Rules Taxonomy Species identification of pyramid pigtoe and round pigtoe, as well as between other related taxa, is challenging due to morphological similarity and phenotypic plasticity. It is further exacerbated by the fact that many species are sympatric (overlapping in geographical distribution) (Olivera-Hyde et al. 2023, pp. 2–5). Recent genetic studies led researchers to suggest that the pyramid pigtoe and the round pigtoe may be conspecific (Inoue et al. 2018, p. 694; Olivera-Hyde et al. 2023, pp. 8–14), although species experts continued to support recognition of the pyramid pigtoe as a valid taxon due to morphological differences and a lack of comprehensive rangewide genetic information comparing the similar taxa (Olivera-Hyde et al. 2023, p. 15; Williams et al. 2017, p. 39). Because the pyramid pigtoe and round pigtoe are difficult to differentiate, there has been frequent misidentification by experts and lumping of the taxa together in the academic literature (Olivera-Hyde et al. 2023, pp. 2–5). Both the SSA report for the pyramid pigtoe and the September 7, 2021, proposed rule to list the pyramid pigtoe as a threatened species (86 FR 49989) acknowledge the difficulty in identifying the pyramid pigtoe. After reviewing the best scientific information available at that time, we agreed with mussel experts and found that the pyramid pigtoe was a valid taxon (Service 2021, pp. 12–13; see also 86 FR 49989, September 7, 2021). Since that finding, however, a comprehensive, rangewide genetic analysis has been completed comparing pyramid pigtoe to round pigtoe, and this information now confirms that they are conspecific (Johnson et al., 2024, pp. 16–17). ddrumheller on DSK120RN23PROD with PROPOSALS1 Review of New Genetic Information Prior genetic analyses relied on results taken from individuals from portions of species’ ranges, resulting in conclusions that were limited to only those areas where individuals were collected (Inoue et al. 2018, p. 698; Olivera-Hyde et al. 2023, p. 3). The new study uses data collected from throughout the ranges of both pyramid pigtoe and round pigtoe populations (Johnson et al., 2024, entire). Genetic data were successfully sampled from 200 individuals for mitochondrial DNA (mtDNA) analysis, 106 individuals for nuclear DNA (nDNA) analysis, and 176 individuals for genotype-by-sequencing (GBS) analysis across 11 populations and 22 waterbodies (Johnson et al., 2024, p. 33). Mitochondrial DNA and VerDate Sep<11>2014 17:01 Mar 25, 2024 Jkt 262001 nDNA were used in previous studies but were found to be problematic for supporting species delineations in Pleurobema, due to potential hybridization and backcrossing effects, resulting in a reliance on hard-todistinguish morphological variation for species delineations (Olivera-Hyde et al. 2023, p. 14). The most recent analysis incorporated GBS methodologies to address uncertainty in assessing whether pyramid pigtoe is a valid taxon (Johnson et al., 2024, p. 6.). The results of the study support the hypothesis that pyramid pigtoe and round pigtoe are conspecific based on mtDNA, nDNA, and GBS data (Johnson et al., 2024, pp. 13–17). The results of the GBS analysis cluster individuals based on geographic location and not by species identification based on morphology (Johnson et al., 2024, p. 16). This finding is also supported by the results of the mtDNA and nDNA analyses and is consistent with the results of prior published findings (Inoue et al. 2018, p. 694; Olivera-Hyde et al. 2023, pp. 8–14). The results do not support the current morphologicallybased species delineations. Summary of Justification for Withdrawal New rangewide genetic information has become available since the publication of our September 7, 2021, proposed rule (86 FR 49989) to list the pyramid pigtoe as a threatened species with an associated section 4(d) rule under the Act. The new information is based on mtDNA, nDNA, and GBS data, and concludes that pyramid pigtoe and round pigtoe are conspecific. These results support the findings of previous studies that were too narrow in scope to make definitive conclusions of species delineation. The resulting single species (round pigtoe; P. sintoxia) is wideranging and common throughout its current range. Because pyramid pigtoe (P. rubrum) is no longer considered a valid species, we withdraw the September 7, 2021, proposed rule (86 FR 49989) to list pyramid pigtoe as a threatened species with an associated section 4(d) rule. References Cited A complete list of references cited in this document is available on the internet at https://www.regulations.gov and upon request from the Asheville Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Authors The primary authors of this document are the staff members of the Fish and Wildlife Service’s Species Assessment PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 Team and the Asheville Ecological Services Field Office. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Martha Williams, Director, U.S. Fish and Wildlife Service. [FR Doc. 2024–06221 Filed 3–25–24; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–HQ–ES–2023–0151; FF09E21000 FXES1111090FEDR 234] RIN 1018–BG53 Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Pygmy Three-Toed Sloth Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), propose to list the pygmy three-toed sloth (Bradypus pygmaeus; hereafter ‘‘pygmy sloth’’), an arboreal mammal species from Panama, as a threatened species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12month finding on a petition to list the pygmy sloth. After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the pygmy sloth as a threatened species with a rule issued under section 4(d) of the Act (‘‘4(d) rule’’). If we finalize this rule as proposed, it will add this species to the List of Endangered and Threatened Wildlife and extend the Act’s protections to the species. DATES: We will accept comments received or postmarked on or before May 28, 2024. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. eastern time on the closing date. We must receive requests for a public hearing, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by May 10, 2024. ADDRESSES: Written comments: You may submit comments by one of the following methods: SUMMARY: E:\FR\FM\26MRP1.SGM 26MRP1

Agencies

[Federal Register Volume 89, Number 59 (Tuesday, March 26, 2024)]
[Proposed Rules]
[Pages 20927-20928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06221]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2021-0092; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BF43


Endangered and Threatened Wildlife and Plants; Threatened Species 
Status With Section 4(d) Rule for Pyramid Pigtoe

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; withdrawal.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), withdraw the 
September 7, 2021, proposed rule to list the pyramid pigtoe (Pleurobema 
rubrum), a freshwater mussel, as a threatened species under the 
Endangered Species Act of 1973 (Act), as amended. This withdrawal is 
based on new information we received following publication of the 
proposed rule that indicates the pyramid pigtoe is not a valid listable 
entity under the Act. In 2023, a comprehensive genetic analysis 
throughout the range of the pyramid pigtoe (P. rubrum) and round pigtoe 
(P. sintoxia) mussels concluded that the two mussels are conspecific 
and that pyramid pigtoe is not a valid taxon. Individuals previously 
assigned to P. rubrum are now considered to be P. sintoxia, a wide-
ranging common species. Because we are withdrawing the proposal to list 
the pyramid pigtoe, we are also withdrawing the associated proposed 
rule issued under section 4(d) of the Act.

DATES: The proposed rule that published on September 7, 2021 (86 FR 
49989), to list the pyramid pigtoe as a threatened species with a rule 
issued under section 4(d) of the Act, is withdrawn on March 26, 2024.

ADDRESSES: This withdrawal, comments on our September 7, 2021, proposed 
rule, and supplementary documents are available for public inspection 
on the internet at https://www.regulations.gov at Docket No. FWS-R4-ES-
2021-0092, and some of these documents are also available on the 
Service's website at https://ecos.fws.gov/ecp/species/2781.

FOR FURTHER INFORMATION CONTACT: Janet Mizzi, Field Supervisor, U.S. 
Fish and Wildlife Service, Asheville Ecological Services Field Office, 
160 Zillicoa St., Asheville, NC 28801; telephone 828-258-3939. 
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: 

Previous Federal Actions

    Please refer to our September 7, 2021, proposed rule (86 FR 49989) 
for a detailed description of previous Federal actions concerning the 
pyramid pigtoe. We accepted submission of new information and comments 
on our September 7, 2021, proposed rule for 60 days, ending November 8, 
2021.

Finding

    Consistent with section 4(b)(6)(A)(i)(IV) of the Act, we are 
notifying the public that we are withdrawing the September 7, 2021, 
proposed rule to list the pyramid pigtoe as a threatened species with 
an associated rule issued under section 4(d) of the Act (``4(d) rule'') 
(86 FR 49989). The basis for this action is described below.

Background

    It is our intent in this withdrawal to discuss the new information 
identifying the pyramid pigtoe and round pigtoe as conspecific 
(belonging to the same species) that serves as the basis for our 
decision. A thorough review of the life history, ecology, and overall 
viability of what was considered pyramid pigtoe at the time the 
September 7, 2021, proposed rule was published is found in the species 
status assessment report (SSA report) (version 1.0; Service 2021, pp. 
19-36).

[[Page 20928]]

Taxonomy

    Species identification of pyramid pigtoe and round pigtoe, as well 
as between other related taxa, is challenging due to morphological 
similarity and phenotypic plasticity. It is further exacerbated by the 
fact that many species are sympatric (overlapping in geographical 
distribution) (Olivera-Hyde et al. 2023, pp. 2-5). Recent genetic 
studies led researchers to suggest that the pyramid pigtoe and the 
round pigtoe may be conspecific (Inoue et al. 2018, p. 694; Olivera-
Hyde et al. 2023, pp. 8-14), although species experts continued to 
support recognition of the pyramid pigtoe as a valid taxon due to 
morphological differences and a lack of comprehensive rangewide genetic 
information comparing the similar taxa (Olivera-Hyde et al. 2023, p. 
15; Williams et al. 2017, p. 39). Because the pyramid pigtoe and round 
pigtoe are difficult to differentiate, there has been frequent 
misidentification by experts and lumping of the taxa together in the 
academic literature (Olivera-Hyde et al. 2023, pp. 2-5).
    Both the SSA report for the pyramid pigtoe and the September 7, 
2021, proposed rule to list the pyramid pigtoe as a threatened species 
(86 FR 49989) acknowledge the difficulty in identifying the pyramid 
pigtoe. After reviewing the best scientific information available at 
that time, we agreed with mussel experts and found that the pyramid 
pigtoe was a valid taxon (Service 2021, pp. 12-13; see also 86 FR 
49989, September 7, 2021). Since that finding, however, a 
comprehensive, rangewide genetic analysis has been completed comparing 
pyramid pigtoe to round pigtoe, and this information now confirms that 
they are conspecific (Johnson et al., 2024, pp. 16-17).

Review of New Genetic Information

    Prior genetic analyses relied on results taken from individuals 
from portions of species' ranges, resulting in conclusions that were 
limited to only those areas where individuals were collected (Inoue et 
al. 2018, p. 698; Olivera-Hyde et al. 2023, p. 3). The new study uses 
data collected from throughout the ranges of both pyramid pigtoe and 
round pigtoe populations (Johnson et al., 2024, entire). Genetic data 
were successfully sampled from 200 individuals for mitochondrial DNA 
(mtDNA) analysis, 106 individuals for nuclear DNA (nDNA) analysis, and 
176 individuals for genotype-by-sequencing (GBS) analysis across 11 
populations and 22 waterbodies (Johnson et al., 2024, p. 33). 
Mitochondrial DNA and nDNA were used in previous studies but were found 
to be problematic for supporting species delineations in Pleurobema, 
due to potential hybridization and backcrossing effects, resulting in a 
reliance on hard-to-distinguish morphological variation for species 
delineations (Olivera-Hyde et al. 2023, p. 14). The most recent 
analysis incorporated GBS methodologies to address uncertainty in 
assessing whether pyramid pigtoe is a valid taxon (Johnson et al., 
2024, p. 6.).
    The results of the study support the hypothesis that pyramid pigtoe 
and round pigtoe are conspecific based on mtDNA, nDNA, and GBS data 
(Johnson et al., 2024, pp. 13-17). The results of the GBS analysis 
cluster individuals based on geographic location and not by species 
identification based on morphology (Johnson et al., 2024, p. 16). This 
finding is also supported by the results of the mtDNA and nDNA analyses 
and is consistent with the results of prior published findings (Inoue 
et al. 2018, p. 694; Olivera-Hyde et al. 2023, pp. 8-14). The results 
do not support the current morphologically-based species delineations.

Summary of Justification for Withdrawal

    New rangewide genetic information has become available since the 
publication of our September 7, 2021, proposed rule (86 FR 49989) to 
list the pyramid pigtoe as a threatened species with an associated 
section 4(d) rule under the Act. The new information is based on mtDNA, 
nDNA, and GBS data, and concludes that pyramid pigtoe and round pigtoe 
are conspecific. These results support the findings of previous studies 
that were too narrow in scope to make definitive conclusions of species 
delineation. The resulting single species (round pigtoe; P. sintoxia) 
is wide-ranging and common throughout its current range. Because 
pyramid pigtoe (P. rubrum) is no longer considered a valid species, we 
withdraw the September 7, 2021, proposed rule (86 FR 49989) to list 
pyramid pigtoe as a threatened species with an associated section 4(d) 
rule.

References Cited

    A complete list of references cited in this document is available 
on the internet at https://www.regulations.gov and upon request from 
the Asheville Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).

Authors

    The primary authors of this document are the staff members of the 
Fish and Wildlife Service's Species Assessment Team and the Asheville 
Ecological Services Field Office.

Authority

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

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-06221 Filed 3-25-24; 8:45 am]
BILLING CODE 4333-15-P
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