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Federal Register/Vol. 86, No. 161/Tuesday, August 24, 2021 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 47221 EPA–APPROVED MISSOURI REGULATIONS State effective Missouri citation Title date EPA approval date Explanation Missouri Department of Natural Resources ******* Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri ******* 10–6.110 ........... Reporting Emission Data, Emis- 3/30/2021 8/24/2021, [Insert Federal Reg- Section (3)(A), Emission Fees, sion Fees, and Process Infor- ister citation]. has not been approved as part mation. of the SIP. ******* * * * * * ACTION: Final rule. year. To the maximum extent prudent and determinable, we must designate PART 70—STATE OPERATING PERMIT SUMMARY: We, the U.S. Fish and critical habitat for any species that we PROGRAMS Wildlife Service (Service), are listing the determine to be an endangered or Franklin’s bumble bee (Bombus threatened species under the Act. ■ 3. The authority citation for part 70 franklini), an invertebrate species from Listing a species as an endangered or continues to read as follows: Douglas, Jackson, and Josephine threatened species and designation of Authority: 42 U.S.C. 7401, et seq. Counties in Oregon, and Siskiyou and critical habitat can only be completed Trinity Counties in California, as an ■ 4. In appendix A to part 70 the entry by issuing a rule. endangered species under the What this document does. This rule for ‘‘Missouri’’ is amended by adding Endangered Species Act of 1973, as paragraph (jj) to read as follows: lists Franklin’s bumble bee (Bombus amended (Act). This rule adds this franklini) as an endangered species Appendix A to Part 70—Approval species to the Federal List of under the Act. We are not designating Status of State and Local Operating Endangered and Threatened Wildlife critical habitat because we determined Permits Programs and applies the protections of the Act to that a designation is not prudent for this this species. We are not designating * * * * * species. critical habitat for the Franklin’s bumble The basis for our action. Under the Missouri bee because we determined that such a Act, we may determine that a species is designation would not be beneficial to an endangered or threatened species * * * * * the species. (jj) The Missouri Department of because of any of five factors: (A) The DATES: This rule is effective September Natural Resources submitted revisions present or threatened destruction, 23, 2021. to Missouri rule 10 CSR 10–6.110, modification, or curtailment of its ADDRESSES: ‘‘Reporting Emission Data, Emission This final rule and habitat or range; (B) overutilization for Fees, and Process Information’’ on May supporting documents are available on commercial, recreational, scientific, or 25, 2021. The state effective date is the internet at http:// educational purposes; (C) disease or March 30, 2021. This revision is www.regulations.gov in Docket No. predation; (D) the inadequacy of effective September 23, 2021. FWS–R1–ES–2018–0044, or at https:// existing regulatory mechanisms; or (E) ecos.fws.gov. * * * * * other natural or manmade factors [FR Doc. 2021–17713 Filed 8–23–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: Paul affecting its continued existence. We BILLING CODE 6560–50–P Henson, Field Supervisor, U.S. Fish and have determined that Franklin’s bumble Wildlife Service, Oregon Fish and bee meets the definition of an Wildlife Office, 2600 SE 98th Ave., endangered species and therefore Suite 100, Portland, OR 97266; warrants protection under the Act. The DEPARTMENT OF THE INTERIOR telephone 503–231–6179. Persons who threats to the species of pathogens, Fish and Wildlife Service use a telecommunications device for the pesticides, and small population size deaf (TDD) may call the Federal Relay are ongoing and rangewide; they are 50 CFR Part 17 Service at 800–877–8339. likely to continue to act individually SUPPLEMENTARY INFORMATION: and in combination to decrease the [Docket No. FWS–R1–ES–2018–0044; viability of the Franklin’s bumble bee. FF09E21000 FXES11110900000 212] Executive Summary The risk of extinction is high, the Why we need to publish a rule. Under suspected threats to the species persist, RIN 1018–BD25 the Act, if we determine that a species and the number of remaining Franklin’s Endangered and Threatened Wildlife may be an endangered or threatened bumble bees is presumably very small, and Plants; Endangered Species species throughout all or a significant as the species has not been observed Status for Franklin’s Bumble Bee portion of its range, we are required to since 2006. Existing regulatory promptly publish a proposal in the mechanisms or conservation measures AGENCY: Fish and Wildlife Service, Federal Register and make a in place do not appreciably reduce or Interior. determination on our proposal within 1 ameliorate the existing threats to the VerDate Sep<11>2014 15:55 Aug 23, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM 24AUR1 lotter on DSK11XQN23PROD with RULES1 47222 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations species, as evidenced by the species’ date of the final rule. Thus, the prior factors (both negative and beneficial) acute and rangewide decline. Therefore, version of the regulations at 50 CFR part affecting the species. on the basis of the best available 424 continues to apply to any In accordance with our joint policy on scientific and commercial information, rulemakings for which a proposed rule peer review published in the Federal we are listing the Franklin’s bumble bee was published before September 26, Register on July 1, 1994 (59 FR 34270), as endangered in accordance with 2019, including this final rule for we sought the expert opinions of 10 sections 3(6) and 4(a)(1) of the Act. Franklin’s bumble bee. appropriate and independent specialists Section 4(a)(3) of the Act requires the regarding the scientific basis for this Secretary of the Interior (Secretary) to Summary of Changes From the proposed rule, detailed in the Franklin’s designate critical habitat concurrent Proposed Rule Bumble Bee Species Status Assessment with listing to the maximum extent We considered all comments and report (SSA report) (Service 2018a, prudent and determinable. Section information we received during the entire). We received five reviews. The 3(5)(A) of the Act defines critical habitat comment period for the proposed rule to purpose of peer review is to ensure that as (i) the specific areas within the list the Franklin’s bumble bee (84 FR our listing and critical habitat geographical area occupied by the 40006; August 13, 2019). Based on these determinations are based on species, at the time it is listed, on which comments and additional internal scientifically sound data, assumptions, are found those physical or biological review, we made the following changes and analyses. The peer reviewers have features (I) essential to the conservation from the proposed rule in this final rule: expertise in Franklin’s bumble bee or of the species and (II) which may • Added to this rule and the SSA Bombus biology and habitat, and their require special management report additional climate change comments helped inform our considerations or protections; and (ii) information and analysis, as well as determinations. We also invited specific areas outside the geographical discussion on the likely effects of other comment on the SSA report from our area occupied by the species at the time potential threats in the future; partner agencies; the U.S. Forest • it is listed, upon a determination by the Updated this rule and the SSA Service, the Bureau of Land Secretary that such areas are essential report with information from the 2019 Management, and the Oregon for the conservation of the species. survey season; Department of Agriculture provided us • Section 4(b)(2) of the Act states that the Corrected a mathematical error in with comments. The comments from Secretary must make the designation on our presentation of neonicotinoid peer and partner reviews were carefully the basis of the best scientific data pesticide applications in the historical considered in the process of finalizing available and after taking into range of the species in this rule and in the SSA report that provided the consideration the economic impact, the the SSA report; • scientific basis for both the proposed impact on national security, and any Added information from the SSA rule and this final rule. These other relevant impacts of specifying any report to this rule regarding nectaring comments, along with other public particular area as critical habitat. behavior, as well as the comments on our proposed rule, are Because the present or threatened commercialization of bumble bees for available in the docket for this final rule destruction, modification, or pollination; • (http://www.regulations.gov in Docket curtailment of habitat is not a threat to Updated information in this rule on No. FWS–R1–ES–2018–0044). the Franklin’s bumble bee (disease and pesticide regulation on National other manmade factors are likely the Wildlife Refuge System lands; I. Final Listing Determination • primary threat to the species within its Added further detail in the rule on Background habitat), in accordance with 50 CFR Tribal notifications; 424.12(a)(1), we determine that • Added several citations and A thorough review of the taxonomy, designating critical habitat is not clarifications to the rule to further life history, and ecology of Franklin’s prudent for Franklin’s bumble bee. support content; and bumble bee is presented in the SSA Peer review and public comment. We • Made minor editorial changes to the report (Service 2018a, entire) on http:// sought the expert opinions of 10 rule to improve readability. www.regulations.gov under Docket No. appropriate and independent specialists We carefully considered the FWS–R1–ES–2018–0044.
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