82_FR_46941 82 FR 46748 - Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for the Louisiana Pinesnake

82 FR 46748 - Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for the Louisiana Pinesnake

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 193 (October 6, 2017)

Page Range46748-46749
FR Document2017-21591

We, the U.S. Fish and Wildlife Service (Service), announce a 6-month extension of the final determination of whether to list the Louisiana pinesnake (Pituophis ruthveni) as a threatened species. We also reopen the comment period on the proposed rule to list the species for an additional 30 days. We are taking this action based on substantial disagreement regarding available information related to the interpretation of the available survey data used to determine the Louisiana pinesnake's status and trends. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule. We will submit a final listing determination to the Federal Register for publication on or before April 6, 2018.

Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017) 
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Proposed Rules]
[Pages 46748-46749]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21591]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

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


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of the comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
6-month extension of the final determination of whether to list the 
Louisiana pinesnake (Pituophis ruthveni) as a threatened species. We 
also reopen the comment period on the proposed rule to list the species 
for an additional 30 days. We are taking this action based on 
substantial disagreement regarding available information related to the 
interpretation of the available survey data used to determine the 
Louisiana pinesnake's status and trends. Comments previously submitted 
need not be resubmitted as they are already incorporated into the 
public record and will be fully considered in the final rule. We will 
submit a final listing determination to the Federal Register for 
publication on or before April 6, 2018.

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

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

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

SUPPLEMENTARY INFORMATION: 

Background

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

[[Page 46749]]

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

Information Requested

    We will accept written comments and information during this 
reopened comment period on our proposed listing rule. We will consider 
information and recommendations from all interested parties. We intend 
that any final action resulting from the proposal be as accurate as 
possible and based on the best available scientific and commercial 
data.
    We are particularly interested in new information and comments 
regarding:
    (1) The interpretation of scientific literature in the proposed 
rulemaking, and whether we overlooked any scientific literature in our 
analysis. In particular, some commenters expressed concern that there 
is insufficient scientific information (survey data in particular) to 
adequately assess the conservation status of the species, while others 
expressed concern that the available scientific information supports an 
endangered determination.
    (2) Additional survey information, including maps, throughout the 
Louisiana pinesnake's range, especially for Texas.
    (3) Trapping results to determine the Louisiana pinesnake's 
estimated occupied habitat areas (EOHAs). During the peer review 
period, peer reviewers were critical of methods used to determine EOHAs 
and questioned the interpretation that resulted from our analysis.
    If you previously submitted comments or information on the October 
6, 2016, proposed rule (81 FR 69454), please do not resubmit them. We 
have incorporated previously submitted comments into the public record, 
and we will fully consider them in the preparation of our final 
determination. Our final determination concerning the proposed listing 
will take into consideration all written comments and any additional 
information we receive.
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in ADDRESSES, above. We request that 
you send comments only by the methods described in ADDRESSES.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://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 http://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Louisiana Ecological Services Office (see FOR FURTHER INFORMATION 
CONTACT).

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

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

46748 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules Executive Order 12866 (58 FR 51735, ‘‘major rule’’ as defined by 5 U.S.C. of the available survey data used to October 4, 1993); 804(2). determine the Louisiana pinesnake’s • does not impose an information Under section 307(b)(1) of the Clean status and trends. Comments previously collection burden under the provisions Air Act, petitions for judicial review of submitted need not be resubmitted as of the Paperwork Reduction Act (44 this action must be filed in the United they are already incorporated into the U.S.C. 3501 et seq.); States Court of Appeals for the public record and will be fully • is certified as not having a appropriate circuit by December 11, considered in the final rule. We will significant economic impact on a 2017. Filing a petition for submit a final listing determination to substantial number of small entities reconsideration by the Administrator of the Federal Register for publication on under the Regulatory Flexibility Act (5 this final rule does not affect the finality or before April 6, 2018. U.S.C. 601 et seq.); of this action for the purposes of judicial DATES: The comment period for the • does not contain any unfunded review nor does it extend the time proposed rule published October 6, mandate or significantly or uniquely within which a petition for judicial 2016 (81 FR 69454), is reopened. We affect small governments, as described review may be filed, and shall not will accept comments received or in the Unfunded Mandates Reform Act postpone the effectiveness of such rule postmarked on or before November 6, of 1995 (Pub. L. 104–4); or action. This action may not be 2017. If you comment using the Federal • does not have Federalism challenged later in proceedings to eRulemaking Portal (see ADDRESSES), implications as specified in Executive enforce its requirements. (See section you must submit your comments by Order 13132 (64 FR 43255, August 10, 307(b)(2).) 11:59 p.m. Eastern Time on the closing 1999); date. • is not an economically significant List of Subjects in 40 CFR Part 52 regulatory action based on health or ADDRESSES: Document availability: You Environmental protection, Air may obtain copies of the proposed rule safety risks subject to Executive Order pollution control, Incorporation by 13045 (62 FR 19885, April 23, 1997); on the Internet at http:// reference, Intergovernmental relations, www.regulations.gov at Docket No. • is not a significant regulatory action Nitrogen dioxide, Ozone, Reporting and subject to Executive Order 13211 (66 FR FWS–R4–ES–2016–0121. Copies of the recordkeeping requirements, Volatile proposed rule are also available at 28355, May 22, 2001); organic compounds. • is not subject to requirements of https://www.fws.gov/southeast/ Section 12(d) of the National Authority: 42 U.S.C. 7401 et seq. lafayette/. Technology Transfer and Advancement Dated: September 6, 2017. Comment submission: You may Act of 1995 (15 U.S.C. 272 note) because Catherine R. McCabe, submit comments by one of the application of those requirements would following methods: Acting Regional Administrator, Region 2. be inconsistent with the Clean Air Act; 1. Federal eRulemaking Portal: http:// [FR Doc. 2017–21521 Filed 10–5–17; 8:45 am] www.regulations.gov. In the Search box, and • does not provide the EPA with the enter the docket number for this BILLING CODE 6560–50–P discretionary authority to address, as proposed rule, which is FWS–R4–ES– appropriate, disproportionate human 2016–0121. Then click on the Search health or environmental effects, using DEPARTMENT OF THE INTERIOR button. You may submit a comment by practicable and legally permissible clicking on ‘‘Comment Now!’’ Please Fish and Wildlife Service ensure that you have found the correct methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). rulemaking before submitting your In addition, this rule does not have 50 CFR Part 17 comment. tribal implications as specified by [Docket No. FWS–R4–ES–2016–0121; 2. U.S. mail or hand delivery: Public Executive Order 13175 (65 FR 67249, 4500030113] Comments Processing, Attn: Docket No. November 9, 2000), because the SIP is FWS–R4–ES–2016–0121; U.S. Fish and RIN 1018–BB46 Wildlife Service, MS: BPHC; 5275 not approved to apply in Indian country located in the state, and the EPA notes Leesburg Pike; Falls Church, VA 22041– Endangered and Threatened Wildlife 3803. that it will not impose substantial direct and Plants; 6-Month Extension of Final costs on tribal governments or preempt FOR FURTHER INFORMATION CONTACT: Determination on the Proposed tribal law. Threatened Status for the Louisiana Joseph Ranson, Field Supervisor, U.S. The Congressional Review Act, 5 Fish and Wildlife Service, Louisiana Pinesnake U.S.C. 801 et seq., as added by the Small Ecological Services Office, 646 Business Regulatory Enforcement AGENCY: Fish and Wildlife Service, Cajundome Blvd., Suite 400, Lafayette, Fairness Act of 1996, generally provides Interior. LA; telephone 337–291–3101. Persons that before a rule may take effect, the ACTION: Proposed rule; reopening of the who use a telecommunications device agency promulgating the rule must comment period. for the deaf (TDD) may call the Federal submit a rule report, which includes a Relay Service at 800–877–8339. copy of the rule, to each House of the SUMMARY: We, the U.S. Fish and SUPPLEMENTARY INFORMATION: Congress and to the Comptroller General Wildlife Service (Service), announce a of the United States. The EPA will 6-month extension of the final Background asabaliauskas on DSKBBXCHB2PROD with PROPOSALS submit a report containing this action determination of whether to list the On October 6, 2016 (81 FR 69454), we and other required information to the Louisiana pinesnake (Pituophis published under the Endangered U.S. Senate, the U.S. House of ruthveni) as a threatened species. We Species Act of 1973, as amended (Act; Representatives, and the Comptroller also reopen the comment period on the 16 U.S.C. 1531 et seq.), a proposed rule General of the United States prior to proposed rule to list the species for an to add the Louisiana pinesnake as a publication of the rule in the Federal additional 30 days. We are taking this threatened species to the List of Register. A major rule cannot take effect action based on substantial Endangered and Threatened Wildlife in until 60 days after it is published in the disagreement regarding available title 50 of the Code of Federal Federal Register. This action is not a information related to the interpretation Regulations (50 CFR 17.11(h)). That VerDate Sep<11>2014 17:27 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules 46749 proposal had a 60-day comment period, accurate as possible and based on the Office (see FOR FURTHER INFORMATION ending December 5, 2016. We also best available scientific and commercial CONTACT). solicited and received independent data. Authority: The authority for this action is scientific review of the information We are particularly interested in new the Endangered Species Act of 1973, as contained in the proposed rule from information and comments regarding: amended (16 U.S.C. 1531 et seq.). peer reviewers with expertise in the (1) The interpretation of scientific literature in the proposed rulemaking, Dated: August 30, 2017. Louisiana pinesnake or similar species, and whether we overlooked any James W. Kurth, in accordance with our July 1, 1994, peer review policy (59 FR 34270). For a scientific literature in our analysis. In Acting Director, U.S. Fish and Wildlife particular, some commenters expressed Service. description of previous Federal actions concerning the Louisiana pinesnake, concern that there is insufficient [FR Doc. 2017–21591 Filed 10–5–17; 8:45 am] please refer to the proposed listing rule. scientific information (survey data in BILLING CODE 4333–15–P Section 4(b)(6) of the Act and its particular) to adequately assess the implementing regulations at 50 CFR conservation status of the species, while 424.17(a) require that we take one of others expressed concern that the DEPARTMENT OF COMMERCE three actions within 1 year of a available scientific information supports proposed listing and concurrent an endangered determination. National Oceanic and Atmospheric proposed designation of critical habitat: (2) Additional survey information, Administration (1) Finalize the proposed rule; (2) including maps, throughout the withdraw the proposed rule; or (3) Louisiana pinesnake’s range, especially 50 CFR Part 648 extend the final determination by not for Texas. RIN 0648–BF82 more than 6 months, if there is (3) Trapping results to determine the substantial disagreement regarding the Louisiana pinesnake’s estimated Magnuson-Stevens Fishery sufficiency or accuracy of the available occupied habitat areas (EOHAs). During Conservation and Management Act data relevant to the determination. the peer review period, peer reviewers Provisions; Fisheries of the Since the publication of the October were critical of methods used to Northeastern United States; Essential 6, 2016, proposed listing rule (81 FR determine EOHAs and questioned the Fish Habitat 69454), there has been substantial interpretation that resulted from our disagreement regarding available analysis. AGENCY: National Marine Fisheries information related to the interpretation If you previously submitted Service (NMFS), National Oceanic and of the available survey data used to comments or information on the Atmospheric Administration (NOAA), determine the Louisiana pinesnake’s October 6, 2016, proposed rule (81 FR Commerce. status and trends. Specifically, during 69454), please do not resubmit them. ACTION: Notice of availability of fishery the public comment period, we received We have incorporated previously management plan amendment; request multiple comments on the proposed submitted comments into the public for comments. listing and the sufficiency or accuracy of record, and we will fully consider them in the preparation of our final SUMMARY: The New England Fishery the available data used to support it. In determination. Our final determination Management Council has submitted the particular, the comments reflected concerning the proposed listing will Omnibus Essential Fish Habitat significant disagreement, including from one of the peer reviewers, regarding the take into consideration all written Amendment 2, incorporating an interpretation of the available data used comments and any additional Environmental Impact Statement, for to determine the Louisiana pinesnake’s information we receive. review by the Secretary of Commerce. status and trends, including the current You may submit your comments and NMFS is requesting comments from the conservation status of the Louisiana materials concerning the proposed rule public on the Omnibus Amendment, pinesnake in Louisiana and, by one of the methods listed in which was developed by the Council to particularly, in Texas. Therefore, in ADDRESSES, above. We request that you revise the essential fish habitat consideration of these disagreements, send comments only by the methods designations for each Council-managed we have determined that a 6-month described in ADDRESSES. species, designate Habitat Areas of extension of the final determination for If you submit information via http:// Particular Concern, revise the system of this rulemaking is necessary, and we are www.regulations.gov, your entire essential fish habitat management areas, hereby extending the final submission—including any personal address seasonal groundfish spawning determination for 6 months in order to identifying information—will be posted spatial management, establish Dedicated solicit and consider additional on the Web site. If your submission is Habitat Research Areas, and identify information that will help to clarify made via a hardcopy that includes actions that can be modified by these issues and to fully analyze data personal identifying information, you framework and other administrative that are relevant to our final listing may request at the top of your document concerns relating to the Amendment. determination. With this 6-month that we withhold this information from The intended effect of this action is to extension, we will make a final public review. However, we cannot ensure the Council’s fishery determination on the proposed rule no guarantee that we will be able to do so. management plans comply with the We will post all hardcopy submissions Magnuson-Stevens Fishery asabaliauskas on DSKBBXCHB2PROD with PROPOSALS later than April 6, 2018. on http://www.regulations.gov. Conservation and Management Act’s Information Requested Comments and materials we receive, requirements to routinely review and We will accept written comments and as well as supporting documentation we update essential fish habitat information during this reopened used in preparing the proposed rule, designations and to continue to comment period on our proposed listing will be available for public inspection minimize to the extent practicable the rule. We will consider information and on http://www.regulations.gov, or by adverse effects of fishing on such recommendations from all interested appointment, during normal business designated habitat. parties. We intend that any final action hours, at the U.S. Fish and Wildlife DATES: Public comments must be resulting from the proposal be as Service, Louisiana Ecological Services received on or before December 5, 2017. VerDate Sep<11>2014 17:27 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1


Document Created: 2017-10-06 00:08:57
Document Modified: 2017-10-06 00:08:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; reopening of the comment period.
DatesThe comment period for the proposed rule published October 6, 2016 (81 FR 69454), is reopened. We will accept comments received or postmarked on or before November 6, 2017. If you comment using the
ContactJoseph Ranson, Field Supervisor, U.S. Fish and Wildlife Service, Louisiana Ecological Services Office, 646 Cajundome Blvd., Suite 400, Lafayette, LA; telephone 337-291-3101. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800-877-8339.
FR Citation82 FR 46748 
RIN Number1018-BB46
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