[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Proposed Rules]
[Pages 59732-59734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20158]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2018-0062; FXES11130900000-189-FF0932000]
RIN 1018-BD02
Endangered and Threatened Wildlife and Plants; Removal of the
Nashville Crayfish From the Federal List of Endangered and Threatened
Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period and announcement of
public hearing.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), proposed to
remove the Nashville crayfish (Orconectes shoupi) from the Federal List
of Endangered and Threatened Wildlife (List). This determination is
based on the best available scientific and commercial data, which
indicate that the threats to the species have been eliminated or
reduced to the point that the species has recovered and no longer meets
the definition of an endangered species or a threatened species under
the Endangered Species Act of 1973, as amended (Act). We announced a
60-day public comment period on the proposed rule, ending January 27,
2020. We now reopen the public comment period on the proposed rule 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 November 26, 2019 (84 FR 65098), is reopened. We will accept
comments received or postmarked on or before October 23, 2020. 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: On October 8,
2020, we will hold a public informational meeting from 6 to 7 p.m.,
Central Time, followed by a public hearing from 7 to 8:30 p.m., Central
Time.
ADDRESSES:
Availability of documents: You may obtain copies of the November
26, 2019, proposed rule and associated documents on the internet at
http://www.regulations.gov under Docket No. FWS-R4-ES-2018-0062.
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. In the Search box, enter FWS-R4-ES-2018-0062,
which is the docket number for the proposed rule. 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, check the Proposed
Rule box to locate this document. 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 to: Public Comments
Processing, Attn: FWS-R4-ES-2018-0062, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
[[Page 59733]]
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 Public Comments, below, for more information).
Public informational meeting and public hearing: The public
informational meeting and the public hearing will be held virtually
using the Zoom platform. See Public Hearing, below, for more
information.
FOR FURTHER INFORMATION CONTACT: Lee Andrews, Field Supervisor, U.S.
Fish and Wildlife Service, Tennessee Ecological Services Field Office,
446 Neal Street St., Cookeville, TN 38506; telephone 931-528-6481.
Persons who use a telecommunications device for the deaf (TDD) may call
the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On November 26, 2019, we published a proposed rule (84 FR 65098) to
remove the Nashville crayfish from the List (i.e., ``delist'' the
species). The proposed rule had a 60-day public comment period, ending
January 27, 2020. During the comment period for the proposed rule, we
received a request for a public hearing. We are, therefore, reopening
the comment period for 30 days on our proposed rule to delist the
Nashville crayfish (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 the proposed rule.
For a description of previous Federal actions concerning the
Nashville crayfish, please refer to the November 26, 2019, proposed
rule (84 FR 65098).
Public Comments
We will accept comments and information during this reopened
comment period on our proposed rule to delist the Nashville crayfish.
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
November 26, 2019, proposed rule (84 FR 65098), based on our review of
all information we receive during the comment periods. For example, we
may conclude that the species should remain listed as an endangered
species instead of being removed from the List, or we may conclude that
the species should be reclassified as a threatened species. Such final
decisions would be a logical outgrowth of the proposal, as long as we:
(a) Base the decisions on the best scientific and commercial data
available after considering all of the relevant factors; (2) do not
rely on factors Congress has not intended us to consider; and (3)
articulate a rational connection between the facts found and the
conclusions made, including why we changed our conclusion.
If you already submitted comments or information on the November
26, 2019, proposed rule (84 FR 65098), 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.''
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-R4-ES-2018-0062.
Public Hearing
We have scheduled a public informational meeting and public hearing
on our November 26, 2019, proposed rule to delist the Nashville
crayfish (84 FR 65098). We will hold the public informational meeting
and public hearing on the date and at the times listed above under
Public informational meeting and public hearing in DATES. We are
holding the public informational meeting and public hearing via the
Zoom online video platform and via teleconference so that participants
can attend remotely. For security purposes, registration is required.
To listen and view the meeting and hearing via Zoom, listen to the
meeting and hearing by telephone, or provide oral public comments at
the public hearing by Zoom or telephone, you must register. For
information on how to register, or if you encounter problems joining
Zoom the day of the meeting, visit http://www.fws.gov/cookeville/.
Registrants will receive the Zoom link and the telephone number for the
public informational meeting and public hearing. If applicable,
interested members of the public not familiar with the Zoom platform
should view the Zoom video tutorials (https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials) prior to the public
informational meeting and public hearing.
The public hearing will provide interested parties an opportunity
to present verbal testimony (formal, oral comments) regarding the
November 26, 2019, proposed rule to delist the Nashville crayfish (84
FR 65098). While the public informational meeting will be an
opportunity for dialogue with the Service, the public hearing is not;
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 through the Federal eRulemaking
Portal, U.S. mail, or hand-delivery (see ADDRESSES, above). There are
no limits on the length of written comments submitted to us. Anyone
wishing to make an oral statement at the public hearing must register
before the hearing (http://www.fws.gov/cookeville/). The use of a
virtual public hearing is consistent with our regulations at 50 CFR
424.16(c)(3).
[[Page 59734]]
Reasonable Accommodation
The Service is committed to providing access to the public
informational meeting and public hearing for all participants. Closed
captioning will be available during the public informational meeting
and public hearing. Further, a full audio and video recording and
transcript of the public hearing will be posted online at http://www.fws.gov/cookeville/ after the hearing. Participants will also have
access to live audio during the public informational meeting and public
hearing via their telephone or computer speakers. Persons with
disabilities requiring reasonable accommodations to participate in the
meeting and/or hearing should contact the person listed under FOR
FURTHER INFORMATION CONTACT at least 5 business days prior to the date
of the meeting and hearing to help ensure availability. An accessible
version of the Service's public informational meeting presentation will
also be posted online at http://www.fws.gov/cookeville/ prior to the
meeting and hearing (see DATES, above). See http://www.fws.gov/cookeville/ for more information about reasonable accommodation.
Authors
The primary authors of this document are the Ecological Services
staff of the Southeast 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.).
Aurelia Skipwith,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-20158 Filed 9-22-20; 8:45 am]
BILLING CODE 4333-15-P