[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Proposed Rules]
[Pages 24415-24416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07331]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2023-0220; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BG92


Endangered and Threatened Wildlife and Plants; Threatened Species 
Status for Coal Darter With Section 4(d) Rule

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 (Service), are 
reopening the comment period on our December 21, 2023, proposed rule to 
list the coal darter (Percina brevicauda), a benthic freshwater fish 
native to the Mobile River Basin in Alabama, as a threatened species 
under the Endangered Species Act of 1973, as amended (Act). We are 
reopening the proposed rule's comment period for 30 days to give all 
interested parties an additional opportunity to comment on the proposed 
rule. Comments previously submitted will be fully considered in our 
final determination and do not need to be resubmitted.

DATES: The comment period on the proposed rule published on December 
21, 2023, at 88 FR 88338, is reopened. We will accept comments received 
or postmarked on or before May 8, 2024. Comments submitted 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,

[[Page 24416]]

enter FWS-R4-ES-2023-0220, which is the docket number for the December 
21, 2023, proposed rule and this document. Then click on the Search 
button. On the resulting page, in the Search panel on the left side of 
the screen, under the Document Type heading, click on 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-R4-ES-2023-0220, 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 Public Comments, below, for more information).

FOR FURTHER INFORMATION CONTACT: William Pearson, Field Supervisor, 
U.S. Fish and Wildlife Service, Alabama Ecological Services Field 
Office, 1208 Main Street, Daphne, AL 36526; telephone 251-441-5181. 
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-R4-ES-2023-0220 on https://www.regulations.gov for a document that summarizes the December 21, 
2023, proposed rule.

SUPPLEMENTARY INFORMATION:

Background

    On December 21, 2023, we published a proposed rule (88 FR 88338) to 
list the coal darter as a threatened species under the Act (16 U.S.C. 
1531 et seq.). The proposed rule opened a 60-day comment period, ending 
February 20, 2024. Between February 2, and February 16, 2024, we 
received several requests to extend the public comment period that 
could not be accommodated before the comment period ended. With this 
document, we reopen the public comment period for an additional 30 
days, as specified above in DATES. For a description of previous 
Federal actions concerning the coal darter and information on the types 
of comments that would be helpful to us in making a final determination 
on our proposal, please refer to the December 21, 2023, proposed rule 
(88 FR 88338).

Public Comments

    We will accept written comments and information during the reopened 
comment period on our December 21, 2023, proposed rule to list the coal 
darter. We will consider information and recommendations from all 
interested parties. We intend that any final action resulting from the 
proposed rule 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 both comment periods on the 
proposed rule.
    Because we will consider all comments and information we receive 
during both open comment periods, our final determination may differ 
from our December 21, 2023, proposed rule (88 FR 88338). Based on the 
new information we receive (and, if relevant, any comments on that new 
information), we may conclude that the coal darter is endangered 
instead of threatened, or we may conclude that the species does not 
warrant listing as either an endangered species or a threatened 
species. In addition, we may change the parameters of the prohibitions 
or the exceptions to those prohibitions in the proposed rule issued 
under section 4(d) of the Act if we conclude it is appropriate in light 
of comments and new information received. For example, we may expand 
the prohibitions to include prohibiting take resulting from additional 
activities if we conclude that those additional activities are not 
compatible with the conservation of the species. Conversely, we may 
establish additional exceptions to the prohibitions in the final rule 
if we conclude that the activities would facilitate or are compatible 
with the conservation and recovery of the species. In our final rule, 
we will clearly explain our rationale and the basis for our final 
decision, including why we made changes, if any, that differ from the 
December 21, 2023, proposed rule.
    If you already submitted comments or information on the December 
21, 2023, 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 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.''
    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-R4-ES-2023-0220.

Authors

    The primary authors of this document are the staff members of the 
Fish and Wildlife Service's Species Assessment Team and the Alabama 
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.

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-07331 Filed 4-5-24; 8:45 am]
BILLING CODE 4333-15-P