[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Proposed Rules]
[Pages 27547-27548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10944]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2013-0007; 4500030113]
RIN 1018-AZ30


Endangered and Threatened Wildlife and Plants; Designating 
Critical Habitat for the Neosho Mucket and Rabbitsfoot

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reopening 
of the public comment period on our October 16, 2012, proposed 
designation of critical habitat for the Neosho mucket (Lampsilis 
rafinesqueana) and rabbitsfoot (Quadrula cylindrica cylindrica) mussels 
under the Endangered Species Act of 1973, as amended. In response to 
requests we received, we are reopening the comment period to allow all 
interested parties an opportunity to comment on the proposed 
designation of critical habitat, draft environmental assessment, and 
draft economic analysis. Comments previously submitted need not be 
resubmitted, as they will be fully considered in our determinations on 
this rulemaking action.

DATES: We will consider all comments received or postmarked on or 
before July 14, 2014. 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: Document availability: You may obtain copies of the proposed 
rule on the Internet at http://www.regulations.gov at Docket No. FWS-
R4-ES-2013-0007, or by mail from the Arkansas Ecological Services Field 
Office (see FOR FURTHER INFORMATION CONTACT). You may obtain a copy of 
the draft economic analysis and the draft environmental assessment at 
Docket No. FWS-R4-ES-2013-0007.
    Comment submission: You may submit written comments by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for Docket No. FWS-R4-ES-2013-0007.
    (2) By hard copy: Submit comments by U.S. mail or hand-delivery to: 
Public Comments Processing, Attn: FWS-R4-ES-2013-0007; Division of 
Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 
N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Jim Boggs, Field Supervisor, U.S. Fish 
and Wildlife Service, Arkansas Ecological Services Field Office, 110 
South Amity Road, Suite 300, Conway, AR 72032; by telephone 501-513-
4475; or by facsimile 501-513-4480. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    On October 16, 2012, the U.S. Fish and Wildlife Service published a 
proposed rule in the Federal Register (77 FR 63440) to list the Neosho 
mucket (Lampsilis rafinesqueana) as an endangered species and the 
rabbitsfoot (Quadrula cylindrica cylindrica) as a threatened species 
and to designate critical habitat for these two mussels under the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) 
(Act). We proposed to designate approximately 779.1 river kilometers 
(rkm) (484.1 river miles (rmi)) of critical habitat for the Neosho 
mucket in the Cottonwood, Elk, Fall, Illinois, Neosho, Shoal, Spring, 
North Fork Spring, and Verdigris Rivers in Arkansas, Kansas, Missouri, 
and Oklahoma.
    We proposed to designate 2,664 rkm (1,655 rmi) of critical habitat 
for the rabbitsfoot in the Neosho, Spring (Arkansas River system), 
Verdigris, Black, Buffalo, Little, Ouachita, Saline, Middle Fork Little 
Red, Spring (White River system), South Fork Spring, Strawberry, White, 
St. Francis, Big Sunflower, Big Black, Paint Rock, Duck, Tennessee, 
Red, Ohio, Allegheny, Green, Tippecanoe, Walhonding, Middle Branch 
North Fork Vermilion, and North Fork Vermilion Rivers and Bear, French, 
Muddy, Little Darby and Fish Creeks in Alabama, Arkansas, Illinois, 
Indiana, Kansas, Kentucky, Mississippi, Missouri, Ohio, Oklahoma, 
Pennsylvania, and Tennessee. That proposal had a 60-day comment period, 
ending December 17, 2012.
    On May 9, 2013, we announced the reopening of the comment period 
for the proposed listing of Neosho mucket and

[[Page 27548]]

rabbitsfoot and the availability of our draft environmental assessment 
(DNEPA-EA) and draft economic analysis (DEA) of the proposed critical 
habitat (78 FR 27171). The comment period was reopened for 30 days, 
ending on June 10, 2013.
    Subsequently, we received two requests for the reopened comment 
period to be extended so the public could have additional time to 
review the DNEPA-EA and DEA. The requests were from Senator Mark Pryor 
of Arkansas and the Kansas Farm Bureau. In response to these requests, 
we reopened the comment period for an additional 60 days from August 
27, 2013, to October 28, 2013 (78 FR 52894).
    There has been significant interest in Arkansas about this proposed 
critical habitat designation. We received an additional request from 
Senator Pryor for the reopened comment period to be extended again so 
that the public could have more time to review the draft environmental 
assessment and draft economic analysis. We concurred with this request.
    Therefore, with this notice we are reopening the comment period on 
the proposed designation of critical habitat and on the DEA and DNEPA-
EA for an additional 60 days. Further, in order to facilitate a better 
understanding of the proposed designation and the potential effects on 
stakeholders, the Service intends to hold public information meetings 
in Arkansas. The date, time, and locations of these meetings will be 
coordinated with interested stakeholders and noticed in newspapers and 
other media outlets.
    Additional information may be found in the October 16, 2012, 
proposed rule (77 FR 63440) and the May 9, 2013, and August 27, 2013, 
documents to reopen the comment period and announce the availability of 
the DNEPA-EA and DEA (78 FR 27171 and 78 FR 52894).

Public Comments

    We are again seeking written comments and information during this 
reopened comment period on our proposed designation of critical habitat 
for Neosho mucket and rabbitsfoot that published in the Federal 
Register on October 16, 2012 (77 FR 63440), and on our DEA and DNEPA-EA 
of the proposed critical habitat designation that were made available 
for review on May 9, 2013, and August 27, 2013 (78 FR 27171 and 78 FR 
52894).
    With regard to the proposed critical habitat determination, we are 
particularly interested in comments concerning:
    (1) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act, including whether 
there are threats to the species from human activity, the degree of 
which can be expected to increase due to the designation, and whether 
that increase in threat outweighs the benefit of designation such that 
the designation of critical habitat is not prudent.
    (2) Specific information on:
    (a) The amount and distribution of the species' habitat;
    (b) What areas occupied by the species at the time of listing that 
contain features essential to the conservation of the species we should 
include in the designation and why;
    (c) Special management considerations or protection that may be 
needed in critical habitat areas we are proposing, including managing 
for the potential effects of climate change; and
    (d) What areas not occupied at the time of listing are essential 
for the conservation of the species and why.
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (4) Any foreseeable economic, national security, or other relevant 
impacts that may result from designating any area that may be included 
in the final designation. We are particularly interested in any impacts 
on small entities and the benefits of including or excluding areas from 
the proposed designation that are subject to these impacts.
    (5) Whether our approach to designating critical habitat could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concerns and comments.
    If you submitted comments or information on the proposed rule (77 
FR 63440) during the initial comment period from October 16, 2012, to 
December 17, 2012, or the reopened comment periods from May 9, 2013, to 
June 10, 2013 (78 FR 27171), or August 27, 2013, to October 28, 2013 
(78 FR 52894), please do not resubmit them. We have incorporated them 
into the public record as part of the original comment period, and we 
will fully consider them in our final determination.
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit a hardcopy comment 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.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, are available for 
public inspection on http://www.regulations.gov at Docket No. FWS-R4-
ES-2013-0007, or by appointment, during normal business hours, at the 
U.S. Fish and Wildlife Service, Arkansas Ecological Services Field 
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: May 7, 2014.
 Michael J. Bean,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and 
Parks.
[FR Doc. 2014-10944 Filed 5-13-14; 8:45 am]
BILLING CODE 4310-55-P