[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