Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Endangered Species Status for the Toothless Blindcat and the Widemouth Blindcat, 62707-62709 [2024-16749]
Download as PDF
<![CDATA[
ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Proposed Rules
(ii) Continuous emissions monitoring
shall apply during all periods of
operation of the coal burning equipment
including periods of startup, shutdown,
and malfunction, except for CEMS
breakdowns, repairs, calibration checks,
and zero and span adjustments.
Continuous monitoring systems for
measuring SO2 and diluent gas shall
complete a minimum of one cycle of
operation (sampling, analyzing, and
data recording) for each successive 15minute period. Hourly averages shall be
computed using at least one data point
in each 15-minute quadrant of an hour.
Notwithstanding this requirement, an
hourly average may be computed from
at least two data points separated by a
minimum of 15 minutes (where the unit
operates for more than one quadrant in
an hour) if data are unavailable as a
result of performance of calibration,
quality assurance, preventative
maintenance activities, or backups of
data from data acquisition and handling
system, and recertification events. When
valid pounds per million Btu emission
data are not obtained because of
continuous monitoring system
breakdowns, repairs, calibration checks
or zero and span adjustments, emission
data must be obtained by using other
monitoring systems approved by the
EPA to provide emission data for a
minimum of 18 hours in each 24-hour
period and at least 22 out of 30
successive boiler operating days.
(6) Recordkeeping and reporting
requirements. Unless otherwise stated
all requests, reports, submittals,
notifications and other communications
to the Regional Administrator required
by this section shall be submitted unless
instructed otherwise to the Director, Air
and Radiation Division, U.S.
Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219. For each unit
subject to the emissions limitation in
this section and upon completion of
CEMS as required in this section, the
owner or operator shall comply with the
following requirements:
(i) The following information shall be
reported to the Regional Administrator,
EPA Region 7, and the Nebraska
Department of Energy and the
Environmental, for each boiler operating
day. The report shall be submitted no
later than 30 days following the end of
each semi-annual calendar period (e.g.,
June 30, December 31).
(ii) For each SO2 emission limit in
paragraph (c)(1) of this section, comply
with the notification, reporting, and
recordkeeping requirements for CEMS
compliance monitoring in 40 CFR 60.7
(c) and (d).
VerDate Sep<11>2014
17:08 Jul 31, 2024
Jkt 262001
(iii) For each day, provide the total
SO2 emitted that day by each emission
unit covered under (c)(1). For any hours
on any unit where data for hourly
pounds or heat input is missing,
identify the unit number and
monitoring device that did not produce
valid data that caused the missing hour.
(iv) For the unit covered under (c)(2)
and (d)(2), records sufficient to
demonstrate that the fuel for the unit is
pipeline natural gas.
(v) Records for demonstrating
compliance with the SO2 and PM
emission limitations in this section shall
be maintained for at least five years.
(A) Calendar date.
(B) The average SO2 emission rates, in
lb/MMBtu, for each 30 successive boiler
operating day period, ending with the
last 30-day period in the semi-annual
reporting period; reasons for noncompliance with the emission
standards; and, description of corrective
actions taken.
(C) Identification of the boiler
operating days for which pollutant or
diluent data have not been obtained by
an approved method for at least 75
percent of the hours of operation of the
facility; justification for not obtaining
sufficient data; and description of
corrective actions taken.
(D) Identification of the ‘‘F’’ factor
used for calculations, method of
determination, and type of fuel
combusted.
(E) Identification of times when
hourly averages have been obtained
based on manual sampling methods.
(F) Identification of the times when
the pollutant concentration exceeded
full span of the CEMS.
(G) Description of any modifications
to CEMS which could affect the ability
of the CEMS to comply with
Performance Specifications 2 or 3 of 40
CFR 60.51, subpart Da.
(7) Equipment operations. At all
times, including periods of startup,
shutdown, and malfunction, the owner
or operator shall, to the extent
practicable, maintain and operate the
unit including the associated air
pollution control equipment in a
manner consistent with good air
pollution control practices for
minimizing emissions. Determination of
whether acceptable operating and
maintenance procedures are being used
will be based on information available
to the Regional Administrator which
may include, but is not limited to,
monitoring results, review of operating
and maintenance procedures, and
inspection of the unit.
(8) Enforcement.
(i) Notwithstanding any other
provision in this implementation plan,
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
62707
any credible evidence or information
relevant as to whether the unit would
have been in compliance with
applicable requirements if the
appropriate performance or compliance
test had been performed, can be used to
establish whether or not the owner or
operator has violated or is in violation
of any standard or applicable
implementation plan.
(ii) Emissions in excess of the level of
the applicable emission limit or
requirement that occur due to startup,
shutdown or malfunction shall
constitute a violation of the applicable
emission limit.
[FR Doc. 2024–16697 Filed 7–31–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2023–0069;
FXES1111090FEDR–245–FF09E21000]
RIN 1018–BE77
Endangered and Threatened Wildlife
and Plants; 6-Month Extension of Final
Determination on the Proposed
Endangered Species Status for the
Toothless Blindcat and the Widemouth
Blindcat
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
6-month extension of the final
determinations of whether to list the
toothless blindcat (Trogloglanis
pattersoni) and the widemouth blindcat
(Satan eurystomus) as endangered
species under the Endangered Species
Act of 1973, as amended (Act). We are
taking this action based on substantial
disagreement regarding the sufficiency
and accuracy of the available data
relevant to the proposed listing rule,
making it necessary to solicit additional
information. Therefore, we are also
reopening the comment period on the
proposed rule for an additional 30 days.
Comments previously submitted need
not be resubmitted, as they are already
incorporated into the public record and
will be fully considered in our final
determinations.
DATES: The comment period on the
proposed rule that published August 22,
2023, at 88 FR 57046, is reopened. We
will accept comments received or
postmarked on or before September 3,
SUMMARY:
E:\FR\FM\01AUP1.SGM
01AUP1
62708
Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Proposed Rules
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.
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–R2–ES–2023–0069, which is
the docket number for the August 22,
2023, proposed rule and this document.
Then click on the Search button. On the
resulting page, in the panel on the left
side of the screen, under the Document
Type heading, check the Proposed Rule
box to locate the correct document. You
may submit a comment by clicking on
‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R2–ES–2023–0069, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
Information Requested, below, for more
information).
FOR FURTHER INFORMATION CONTACT:
Karen Myers, Field Supervisor, U.S.
Fish and Wildlife Service, Austin
Ecological Services Field Office, 1505
Ferguson Lane, Austin, TX 78754;
telephone 512–937–7371. 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. Please see
Docket No. FWS–R2–ES–2023–0069 on
https://www.regulations.gov for a
document that summarizes the August
22, 2023, proposed rule.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with PROPOSALS1
Background
On August 22, 2023, we published a
proposed rule (88 FR 57046) to list the
toothless blindcat and the widemouth
blindcat as endangered species under
the Act (16 U.S.C. 1531 et seq.). On
October 12, 2023, we received a request
to extend the proposed rule’s public
comment period; thus, on December 7,
2023, we published a document (88 FR
85177) reopening the proposed rule’s
VerDate Sep<11>2014
17:08 Jul 31, 2024
Jkt 262001
public comment period for an
additional 30 days.
Section 4(b)(6) of the Act and its
implementing regulations at 50 CFR
424.17(a) require that we take one of
three actions within 1 year of
publication of a proposed listing: (1)
Finalize the proposed rule; (2) withdraw
the proposed rule; or (3) extend the final
determination by not more than 6
months, if there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the determination.
Since the August 22, 2023,
publication of the proposed rule, there
has been ongoing disagreement
regarding the interpretation and
accuracy of the best available
information pertaining to the status of
toothless blindcat and widemouth
blindcat populations, the species’
respective life histories, application of
surrogate species, potential extent and
use of available habitat, and impact of
groundwater well mortality on these
species. The substantial nature of this
disagreement on the current status of
these species became evident during the
recently reopened comment period (see
88 FR 85177; December 7, 2023), when
differing interpretations of existing
information on the two species’ biology
and habitat use, aquifer dynamics, and
specifications and operation of
groundwater wells in the City of San
Antonio, Texas, were discussed by
commenters. There is substantial
disagreement regarding the application
of mortality estimates applied to
groundwater wells to assess fish
mortality with alternative modeling
approaches recommended. Information
was also submitted related to flow
dynamics of the Edwards Aquifer and
the operational history and engineering
specifications of some groundwater
wells known to produce toothless
blindcats and widemouth blindcats that
would reduce probability of well
entrainment and expulsion of fish, and
thus reduce the probability of mortality
of the species.
We find that there is substantial
scientific disagreement about certain
data relevant to our listing
determinations. Therefore, in
consideration of this disagreement, we
have determined that a 6-month
extension of the final determinations for
this rulemaking is necessary. We are
hereby extending the final
determinations for 6 months in order to
solicit additional information that will
help us clarify these issues and to fully
analyze any new data we receive that
are relevant to our final listing
determinations. With this 6-month
extension, the final determinations on
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
the proposed listings of the toothless
blindcat and the widemouth blindcat
must publish in the Federal Register no
later than February 22, 2025.
With this document, we reopen the
public comment period on the August
22, 2023, proposed rule (88 FR 57046)
for an additional 30 days, as specified
above in DATES.
For a description of previous Federal
actions concerning the toothless
blindcat and the widemouth blindcat
and information on the types of
comments that would be helpful to us
in making final determinations on our
proposal, please refer to the August 22,
2023, proposed rule (88 FR 57046 at
57046–57047).
Information Requested
We will accept written comments and
information during this reopened
comment period on our August 22,
2023, proposed rule to list the toothless
blindcat and widemouth blindcat as
endangered species under the Act (88
FR 57046). We will consider
information and recommendations from
all interested parties. We intend that
any final actions resulting from the
proposal will be based on the best
scientific and commercial data available
and will be as accurate and as effective
as possible. Our final determinations
will take into consideration all
comments and any additional
information we receive during all
comment periods on the proposed rule.
Due to the scientific disagreements
described above, we are particularly
interested in new information and
evidence regarding:
(1) Data on the current status, trends,
habitat preferences, and life history of
toothless blindcat and widemouth
blindcat populations.
(2) Modeled quantitative analyses of
blindcat population responses to
additive mortality in the form of
groundwater well expulsion and in
relation to aquifer dynamics,
groundwater well density, distribution,
and operational history, including
length-frequency analyses of both
species to inform understanding of
population dynamics.
(3) Documented life histories of other
subterranean catfishes that could better
inform understanding of the toothless
blindcat’s and widemouth blindcat’s
biology, including population responses
to additive mortality.
(4) Potential for the existence of
reduced predatory pressure on the
toothless blindcat, resulting in increased
abundance for that species, as a result
of reduced widemouth blindcat
numbers. (The widemouth blindcat is
hypothesized to be a potential predator
E:\FR\FM\01AUP1.SGM
01AUP1
Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
that feeds on suitably sized toothless
blindcat individuals).
(5) Information on fish behavioral
avoidance of increased water velocities.
(6) For groundwater wells known to
produce both blindcats across their
ranges, installation and modification
history from well establishment to
present (e.g., history of artesian versus
pumped flow, changes in pump depth,
water velocity, designated use(s) over
time, and frequency of operation),
vertical hydrogeologic conditions,
prevalence of groundwater conduits in
well capture zone, and related
engineering and geological
specifications.
(7) Information on current status (i.e.,
active or inactive), designated use, drill
depth, and associated information (e.g.,
borehole diameters, yields, and vertical
hydrogeologic conditions) of other
groundwater wells within the
immediate area analysis units and the
potential area of occurrence, as defined
in the species status assessment (Service
2023, pp. 66–67).
(8) Specific documentation for
municipal groundwater wells regarding
total dynamic head and 50 feet water
draw depth, and potential lack of
capacity for wells to draw past 50 feet
depth.
(9) Genetic analyses of museum
specimen tissues and additionally
acquired tissue samples to ascertain the
toothless blindcat’s and widemouth
blindcat’s current and historical
population size and structure, as well as
potential for past genetic bottlenecks.
(10) Documentation of the continued
presence of either species at known
groundwater wells or discovery of the
species at additional locations across
the San Antonio segment of the
Edwards Aquifer.
VerDate Sep<11>2014
17:08 Jul 31, 2024
Jkt 262001
Because we will consider all
comments and information we receive
during all open comment periods, our
final determinations may differ from our
August 22, 2023, proposed rule (88 FR
57046). Based on the new information
we receive (and, if relevant, any
comments on that new information), we
may conclude that one or both of the
species is threatened instead of
endangered, or we may conclude that
one or both of the species does not
warrant listing as either an endangered
species or a threatened species. In our
final rule, we will clearly explain our
rationale and the basis for our final
decisions, including why we made
changes, if any, that differ from the
August 22, 2023, proposal.
If you already submitted comments or
information on the August 22, 2023,
proposed rule during either of the
previous two comment periods, please
do not resubmit them. Any such
comments are already incorporated as
part of the public record of the
rulemaking proceeding, and we will
fully consider them in the preparation
of our final determinations. Our final
determinations concerning the proposed
listings will take into consideration all
written comments and any additional
information we receive.
Comments should be as specific as
possible. Please include sufficient
information with your submission (such
as scientific journal articles or other
publications) to allow us to verify any
scientific or commercial information
you include. Please note that
submissions merely stating support for,
or opposition to, the action under
consideration without providing
supporting information, although noted,
will not be considered in making a
determination, as section 4(b)(1)(A) of
the Act directs that determinations as to
PO 00000
Frm 00040
Fmt 4702
Sfmt 9990
62709
whether any species is an endangered
species or a threatened species must be
made solely on the basis of the best
scientific and commercial data
available.
You may submit your comments and
materials by one of the methods listed
in ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES. If you submit
information via https://
www.regulations.gov, your entire
submission—including your personal
identifying information—will be posted
on the website. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov.
Comments and materials we receive, as
well as supporting documentation we
used in preparing the proposed rule,
will be available for public inspection
on https://www.regulations.gov at FWS–
R2–ES–2023–0069.
Authors
The primary authors of this document
are the staff members of the Fish and
Wildlife Service’s Species Assessment
Team and the Austin Ecological
Services Field Office.
Authority
The Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.), is
the authority for this action.
Gary Frazer,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2024–16749 Filed 7–31–24; 8:45 am]
BILLING CODE 4333–15–P
E:\FR\FM\01AUP1.SGM
01AUP1
]]>Agencies
[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Proposed Rules]
[Pages 62707-62709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16749]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2023-0069; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BE77
Endangered and Threatened Wildlife and Plants; 6-Month Extension
of Final Determination on the Proposed Endangered Species Status for
the Toothless Blindcat and the Widemouth Blindcat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
6-month extension of the final determinations of whether to list the
toothless blindcat (Trogloglanis pattersoni) and the widemouth blindcat
(Satan eurystomus) as endangered species under the Endangered Species
Act of 1973, as amended (Act). We are taking this action based on
substantial disagreement regarding the sufficiency and accuracy of the
available data relevant to the proposed listing rule, making it
necessary to solicit additional information. Therefore, we are also
reopening the comment period on the proposed rule for an additional 30
days. Comments previously submitted need not be resubmitted, as they
are already incorporated into the public record and will be fully
considered in our final determinations.
DATES: The comment period on the proposed rule that published August
22, 2023, at 88 FR 57046, is reopened. We will accept comments received
or postmarked on or before September 3,
[[Page 62708]]
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.
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-R2-ES-2023-0069,
which is the docket number for the August 22, 2023, proposed rule and
this document. Then click on the Search button. On the resulting page,
in the panel on the left side of the screen, under the Document Type
heading, check the Proposed Rule box to locate the correct document.
You may submit a comment by clicking on ``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R2-ES-2023-0069, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
FOR FURTHER INFORMATION CONTACT: Karen Myers, Field Supervisor, U.S.
Fish and Wildlife Service, Austin Ecological Services Field Office,
1505 Ferguson Lane, Austin, TX 78754; telephone 512-937-7371.
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. Please see Docket No. FWS-R2-ES-2023-0069 on https://www.regulations.gov for a document that summarizes the August 22,
2023, proposed rule.
SUPPLEMENTARY INFORMATION:
Background
On August 22, 2023, we published a proposed rule (88 FR 57046) to
list the toothless blindcat and the widemouth blindcat as endangered
species under the Act (16 U.S.C. 1531 et seq.). On October 12, 2023, we
received a request to extend the proposed rule's public comment period;
thus, on December 7, 2023, we published a document (88 FR 85177)
reopening the proposed rule's public comment period for an additional
30 days.
Section 4(b)(6) of the Act and its implementing regulations at 50
CFR 424.17(a) require that we take one of three actions within 1 year
of publication of a proposed listing: (1) Finalize the proposed rule;
(2) withdraw the proposed rule; or (3) extend the final determination
by not more than 6 months, if there is substantial disagreement
regarding the sufficiency or accuracy of the available data relevant to
the determination.
Since the August 22, 2023, publication of the proposed rule, there
has been ongoing disagreement regarding the interpretation and accuracy
of the best available information pertaining to the status of toothless
blindcat and widemouth blindcat populations, the species' respective
life histories, application of surrogate species, potential extent and
use of available habitat, and impact of groundwater well mortality on
these species. The substantial nature of this disagreement on the
current status of these species became evident during the recently
reopened comment period (see 88 FR 85177; December 7, 2023), when
differing interpretations of existing information on the two species'
biology and habitat use, aquifer dynamics, and specifications and
operation of groundwater wells in the City of San Antonio, Texas, were
discussed by commenters. There is substantial disagreement regarding
the application of mortality estimates applied to groundwater wells to
assess fish mortality with alternative modeling approaches recommended.
Information was also submitted related to flow dynamics of the Edwards
Aquifer and the operational history and engineering specifications of
some groundwater wells known to produce toothless blindcats and
widemouth blindcats that would reduce probability of well entrainment
and expulsion of fish, and thus reduce the probability of mortality of
the species.
We find that there is substantial scientific disagreement about
certain data relevant to our listing determinations. Therefore, in
consideration of this disagreement, we have determined that a 6-month
extension of the final determinations for this rulemaking is necessary.
We are hereby extending the final determinations for 6 months in order
to solicit additional information that will help us clarify these
issues and to fully analyze any new data we receive that are relevant
to our final listing determinations. With this 6-month extension, the
final determinations on the proposed listings of the toothless blindcat
and the widemouth blindcat must publish in the Federal Register no
later than February 22, 2025.
With this document, we reopen the public comment period on the
August 22, 2023, proposed rule (88 FR 57046) for an additional 30 days,
as specified above in DATES.
For a description of previous Federal actions concerning the
toothless blindcat and the widemouth blindcat and information on the
types of comments that would be helpful to us in making final
determinations on our proposal, please refer to the August 22, 2023,
proposed rule (88 FR 57046 at 57046-57047).
Information Requested
We will accept written comments and information during this
reopened comment period on our August 22, 2023, proposed rule to list
the toothless blindcat and widemouth blindcat as endangered species
under the Act (88 FR 57046). We will consider information and
recommendations from all interested parties. We intend that any final
actions resulting from the proposal will be based on the best
scientific and commercial data available and will be as accurate and as
effective as possible. Our final determinations will take into
consideration all comments and any additional information we receive
during all comment periods on the proposed rule.
Due to the scientific disagreements described above, we are
particularly interested in new information and evidence regarding:
(1) Data on the current status, trends, habitat preferences, and
life history of toothless blindcat and widemouth blindcat populations.
(2) Modeled quantitative analyses of blindcat population responses
to additive mortality in the form of groundwater well expulsion and in
relation to aquifer dynamics, groundwater well density, distribution,
and operational history, including length-frequency analyses of both
species to inform understanding of population dynamics.
(3) Documented life histories of other subterranean catfishes that
could better inform understanding of the toothless blindcat's and
widemouth blindcat's biology, including population responses to
additive mortality.
(4) Potential for the existence of reduced predatory pressure on
the toothless blindcat, resulting in increased abundance for that
species, as a result of reduced widemouth blindcat numbers. (The
widemouth blindcat is hypothesized to be a potential predator
[[Page 62709]]
that feeds on suitably sized toothless blindcat individuals).
(5) Information on fish behavioral avoidance of increased water
velocities.
(6) For groundwater wells known to produce both blindcats across
their ranges, installation and modification history from well
establishment to present (e.g., history of artesian versus pumped flow,
changes in pump depth, water velocity, designated use(s) over time, and
frequency of operation), vertical hydrogeologic conditions, prevalence
of groundwater conduits in well capture zone, and related engineering
and geological specifications.
(7) Information on current status (i.e., active or inactive),
designated use, drill depth, and associated information (e.g., borehole
diameters, yields, and vertical hydrogeologic conditions) of other
groundwater wells within the immediate area analysis units and the
potential area of occurrence, as defined in the species status
assessment (Service 2023, pp. 66-67).
(8) Specific documentation for municipal groundwater wells
regarding total dynamic head and 50 feet water draw depth, and
potential lack of capacity for wells to draw past 50 feet depth.
(9) Genetic analyses of museum specimen tissues and additionally
acquired tissue samples to ascertain the toothless blindcat's and
widemouth blindcat's current and historical population size and
structure, as well as potential for past genetic bottlenecks.
(10) Documentation of the continued presence of either species at
known groundwater wells or discovery of the species at additional
locations across the San Antonio segment of the Edwards Aquifer.
Because we will consider all comments and information we receive
during all open comment periods, our final determinations may differ
from our August 22, 2023, proposed rule (88 FR 57046). Based on the new
information we receive (and, if relevant, any comments on that new
information), we may conclude that one or both of the species is
threatened instead of endangered, or we may conclude that one or both
of the species does not warrant listing as either an endangered species
or a threatened species. In our final rule, we will clearly explain our
rationale and the basis for our final decisions, including why we made
changes, if any, that differ from the August 22, 2023, proposal.
If you already submitted comments or information on the August 22,
2023, proposed rule during either of the previous two comment periods,
please do not resubmit them. Any such comments are already incorporated
as part of the public record of the rulemaking proceeding, and we will
fully consider them in the preparation of our final determinations. Our
final determinations concerning the proposed listings will take into
consideration all written comments and any additional information we
receive.
Comments should be as specific as possible. Please include
sufficient information with your submission (such as scientific journal
articles or other publications) to allow us to verify any scientific or
commercial information you include. Please note that submissions merely
stating support for, or opposition to, the action under consideration
without providing supporting information, although noted, will not be
considered in making a determination, as section 4(b)(1)(A) of the Act
directs that determinations as to whether any species is an endangered
species or a threatened species must be made solely on the basis of the
best scientific and commercial data available.
You may submit your comments and materials by one of the methods
listed in ADDRESSES. We request that you send comments only by the
methods described in ADDRESSES. If you submit information via https://www.regulations.gov, your entire submission--including your personal
identifying information--will be posted on the website. If your
submission is made via a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this information from public review. However, we cannot
guarantee that we will be able to do so. We will post all hardcopy
submissions on https://www.regulations.gov. Comments and materials we
receive, as well as supporting documentation we used in preparing the
proposed rule, will be available for public inspection on https://www.regulations.gov at FWS-R2-ES-2023-0069.
Authors
The primary authors of this document are the staff members of the
Fish and Wildlife Service's Species Assessment Team and the Austin
Ecological Services Field Office.
Authority
The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), is the authority for this action.
Gary Frazer,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-16749 Filed 7-31-24; 8:45 am]
BILLING CODE 4333-15-P
