[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Proposed Rules]
[Pages 47231-47232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19245]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2018-0029; FXES11130900000 189 FF09E42000]
RIN 1018-BD46


Endangered and Threatened Wildlife and Plants; Reclassifying the 
American Burying Beetle From Endangered to Threatened on the Federal 
List of Endangered and Threatened Wildlife With a 4(d) Rule

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of public comment period, and 
announcement of a public hearing.

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SUMMARY: We, the U.S. Fish and Wildlife Service, recently published a 
proposed rule to reclassify the American burying beetle (Nicrophorus 
americanus) from endangered to threatened and to adopt a rule under 
section 4(d) of the Endangered Species Act of 1973 (Act), as amended, 
to provide for the conservation of the species. We announced a 60-day 
public comment period on the proposed rule, ending July 2, 2019. We now 
reopen the public comment period on the proposed rule for 30 days, to 
allow all interested parties additional time to comment on the proposed 
rule. Comments previously submitted need not be resubmitted and will be 
fully considered in preparation of the final rule. We also announce a 
public informational meeting and public hearing on the proposed rule.

DATES: 
    Written comments: The comment period on the proposed rule that 
published May 3, 2019 (84 FR 19013), is reopened. We will accept 
comments received or postmarked on or before October 9, 2019. Please 
note that 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, and comments submitted by U.S. 
mail must be postmarked by that date to ensure consideration.
    Public informational meeting and public hearing: We will hold a 
public informational meeting on September 24, 2019, from 5 p.m. to 6 
p.m., followed by a public hearing from 6:30 p.m. to 8 p.m.

ADDRESSES: 
    Availability of documents: You may obtain copies of the May 3, 
2019, proposed rule and associated documents on the internet at http://www.regulations.gov under Docket No. FWS-R2-ES-2018-0029.
    Written comments: 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 FWS-R2-ES-2018-0029, which is the 
docket number for the proposed rule. You may submit a comment by 
clicking on ``Comment Now!'' Please ensure you have found the correct 
document before submitting your comments. If your comments will fit in 
the provided comment box, please use this feature of http://www.regulations.gov, as it is most compatible with our comment review 
procedures. If you attach your comments as a separate document, our 
preferred file format is Microsoft Word. If you attach multiple 
comments (such as form letters), our preferred format is a spreadsheet 
in Microsoft Excel.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: Docket No. FWS-R2-ES-2018-0029, U.S. Fish 
and Wildlife Service, MS: JAO/1N, 5275 Leesburg Pike, Falls Church, VA 
22041-3803.
    (3) At the public hearing: Hand-deliver your prepared written 
comments to Service personnel at the scheduled public hearing.
    We request that you send comments only by the methods described 
above. We will post all substantive comments we receive on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Public Comments, below, for 
more information).
    Public informational meeting and public hearing: The public 
informational meeting and the public hearing will be held at the 
Oklahoma University, Schusterman Center, Perkins Auditorium LC1, 4502 
East 41st Street, Tulsa, OK 74135. See Public Hearing, below, for more 
information.

FOR FURTHER INFORMATION CONTACT: Jonna Polk, Field Supervisor, U.S. 
Fish and Wildlife Service, Oklahoma Ecological Services Field Office, 
9014 East 21st St., Tulsa, OK 74129; telephone 918-382-4500. Persons 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    On May 3, 2019, we published a proposed rule (84 FR 19013) to 
reclassify the American burying beetle as a threatened species under 
the Act (16 U.S.C. 1531 et seq.) and to adopt a rule under section 4(d) 
of the Act (a ``4(d) rule'') to provide for the conservation of the 
species. The proposed rule had a 60-day public comment period, ending 
July 2, 2019. During the comment period for the proposed rule, we 
received a request for a public hearing. We are, therefore, reopening 
the comment period on our proposed rule to reclassify the American 
burying beetle as a threatened species and to adopt a 4(d) rule for the 
species for 30 days (see DATES, above), to hold a public informational 
meeting and a public hearing and to allow the public an additional 
opportunity to provide comments on our proposal.
    For a description of previous Federal actions concerning the 
American burying beetle, please refer to the May 3, 2019, proposed rule 
(84 FR 19013).

Public Comments

    We will accept comments and information during this reopened 
comment period on our proposed rule to reclassify the American burying 
beetle as a threatened species and to adopt a 4(d) rule to provide for 
the conservation of the species. We will consider information and 
recommendations from all interested parties. We intend that any final 
action 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 determination will take into consideration all 
comments and any additional information we receive during all comment 
periods on the proposed rule. Therefore, the final decision may differ 
from the May 3, 2019, proposed rule, based on our review of all 
information we receive during the comment periods.

[[Page 47232]]

    If you already submitted comments or information on the May 3, 
2019, proposed rule, please do not resubmit them. Any such comments are 
incorporated as part of the public record of the rulemaking proceeding, 
and we will fully consider them in the preparation of our final 
determination.
    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 assert. Please note that submissions merely 
stating support for, or opposition to, the action under consideration 
without providing supporting information, although noted, will not meet 
the standard of best available scientific and commercial data. Section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is endangered or threatened 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. You may also provide your comments 
through verbal testimony during the public hearing (see DATES, 
ADDRESSES, and Public Hearing in this document).
    If you submit information via http://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 http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov at Docket 
No. FWS-R2-ES-2018-0029, or by appointment, during normal business 
hours at U.S. Fish and Wildlife Service, Oklahoma Ecological Services 
Field Office (see FOR FURTHER INFORMATION CONTACT).
    Our final determination concerning the proposed action will take 
into consideration all written comments we receive during the open 
comment periods, and comments received during the public hearing. These 
comments will be included in the public record for this rulemaking, and 
we will fully consider them in the preparation of our final 
determination.

Public Hearing

    We are holding a public informational meeting followed by a public 
hearing on the date listed in DATES at the location listed in 
ADDRESSES. We are holding the public hearing to provide interested 
parties an opportunity to present verbal testimony (formal, oral 
comments) or hand-deliver their prepared written comments regarding the 
May 3, 2019 (84 FR 19013), proposed rule to reclassify the American 
burying beetle as a threatened species and to adopt a 4(d) rule to 
provide for the conservation of the species. A public hearing is not, 
however, an opportunity for dialogue with the Service or its 
contractors; it is a forum for accepting formal verbal testimony. In 
the event there is a large attendance, the time allotted for oral 
statements may be limited. Therefore, anyone wishing to make an oral 
statement at the public hearing for the record is encouraged to provide 
a prepared written copy of their statement to us at the hearing. 
Speakers can sign up at the hearing if they desire to make an oral 
statement. Oral and written statements receive equal consideration. 
There are no limits on the length of written comments submitted to us.
    Persons with disabilities requiring reasonable accommodations to 
participate in the public hearing should contact the Oklahoma 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). 
Reasonable accommodation requests should be received at least 3 
business days prior to the hearing to help ensure availability. Please 
direct all requests for sign language interpreting services to the 
Oklahoma Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT) by close of business September 18, 2019.

Authors

    The primary authors of this document are the Ecological Services 
staff of the Southwest Regional Office, U.S. Fish and Wildlife Service.

Authority

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

    Dated: August 29, 2019.
Stephen Guertin,
Deputy Director, Exercising the Authority of the Director for the U.S. 
Fish and Wildlife Service.
[FR Doc. 2019-19245 Filed 9-6-19; 8:45 am]
 BILLING CODE 4333-15-P