[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Proposed Rules]
[Pages 37397-37398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16887]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2016-0077; 4500030113]
RIN 1018-BB34


Endangered and Threatened Wildlife and Plants; 6-Month Extension 
of Final Determination on the Proposed Endangered Status for Texas 
Hornshell (Popenaias popeii)

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 add the 
Texas hornshell (Popenaias popeii), a freshwater mussel species from 
New Mexico, Texas, and Mexico, to the List of Endangered and Threatened 
Wildlife. We are also reopening the comment period on the proposed rule 
to list the species, for an additional 30 days. We are taking this 
action to extend the final determination based on substantial 
disagreement regarding the status of Texas hornshell in Mexico. We will 
submit a final listing determination to the Federal Register on or 
before February 10, 2018.

DATES: The comment period on the proposed rule that published August 
10, 2016 (81 FR 52796), is reopened. We will accept comments received 
or postmarked on or before September 11, 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: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2016-0077. You 
may submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R2-ES-2016-0077; U.S. Fish and Wildlife 
Service Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 
22041-3803.

FOR FURTHER INFORMATION CONTACT: Chuck Ardizzone, U.S. Fish and 
Wildlife Service, Texas Coastal Ecological Services Field Office, 17629 
El Camino Real #211, Houston, TX 77058; on the Internet at https://www.fws.gov/southwest/es/TexasCoastal/; by telephone 281-286-8282; or 
by facsimile 281-488-5882. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    On August 10, 2016, we published a proposed rule (81 FR 52796) to 
list the Texas hornshell as an endangered species under the Endangered 
Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). The List 
of Endangered and Threatened Wildlife under the Act is located in title 
50 of the Code of Federal Regulations at 50 CFR 17.11(h). The 
publication of this proposed rule complied with a deadline established 
in a court-approved settlement agreement (Endangered Species Act 
Section 4 Deadline Litigation, No. 10-377 (EGS), MDL Docket No. 2165 
(D.D.C. May 10, 2011)). That proposal had a 60-day comment period, 
ending October 11, 2016. We reopened the comment period for 30 days on 
May 30, 2017 (82 FR 24654), in order to hold two public hearings on the 
proposed rule. For a description of previous Federal actions concerning 
the Texas hornshell, please refer to the August 10, 2016, proposed 
listing rule (81 FR 52796).
    We also solicited and received independent scientific review of the 
information contained in the proposed rule from peer reviewers with 
expertise in Texas hornshell or similar species ecology and identified 
threats to the species, in accordance with our July 1, 1994, peer 
review policy (59 FR 34270).
    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: (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 proposed rule, there has been 
substantial disagreement regarding the interpretation of the limited 
surveys that exist for Texas hornshell in Mexico. This situation has 
led to a significant disagreement regarding the current conservation 
status of the species in Mexico. Therefore, in consideration of the 
disagreements surrounding the Texas hornshell's status, we are 
extending the final determination for 6 months in order to solicit 
information that will help to clarify these issues. With this 6-month 
extension, we will make a final determination on the proposed rule no 
later than February 10, 2018.

Information Requested

    We will accept written comments and information during this 
reopened comment period on our proposed listing rule for Texas 
hornshell that was published in the Federal Register on August 10, 2016 
(81 FR 52796). 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.
    Due to the scientific disagreements described above, we are 
particularly interested in new information and comments regarding the 
status of and threats to any Texas hornshell population in Mexico.
    If you previously submitted comments or information on the August 
10, 2016, proposed rule (81 FR 52796), 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. We request that you 
send comments only by the methods described in ADDRESSES.

[[Page 37398]]

    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, 
Texas Coastal Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT). You may obtain copies of the proposed rule on the 
Internet at http://www.regulations.gov at Docket No. FWS-R2-ES-2016-
0077, or by mail from the U.S. Fish and Wildlife Service, Texas Coastal 
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: August 4, 2017.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-16887 Filed 8-9-17; 8:45 am]
 BILLING CODE 4333-15-P