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Reclassifying Furbish's Lousewort (Pedicularis Furbishiae)

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Reclassifying Furbish's Lousewort (Pedicularis Furbishiae) 3976 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Proposed Rules the most restrictive car in the train immediately available upon request to Issued in Washington, DC. between the brake tests described in FRA and State inspectors under part 212 Quintin C. Kendall, §§ 232.205 through 232.207: of this chapter for inspection and Deputy Administrator. (1) A written or electronic record is copying for no less than 30 days after [FR Doc. 2020–28870 Filed 1–14–21; 8:45 am] maintained in the cab of the controlling entry or last amendment; and BILLING CODE 4910–06–P locomotive that includes the following (5) Procedures to minimize the effect information for each car: of breakdown or malfunction, including (i) Its location in the train; redundant storage of records, and means DEPARTMENT OF THE INTERIOR (ii) The reporting mark and car to communicate and record the number; information required by paragraph (a)(3) Fish and Wildlife Service (iii) The date, time, and location of its of this section when access to the eABS most recent Class I or IA brake test; system is unavailable. 50 CFR Part 17 (iv) The identification and (g) Records in the eABS system may qualification of the person who only be modified for the following [Docket No. FWS–R5–ES–2019–0056; performed the test (qualified person or purposes: FF09E22000 FXES11130900000 201] qualified mechanical inspector, as (1) Correction of records, provided the RIN 1018–BD65 defined in § 232.5); and eABS system stores amended records (v) An accurate calculation of the separately from the original records and Endangered and Threatened Wildlife mileage remaining under paragraph (a) the amended record clearly identifies and Plants; Reclassifying Furbish’s or (b) of this section, as applicable; the information being amended; and Lousewort (Pedicularis furbishiae) (2) The copy of this cab record must (2) To update the calculation of From Endangered to Threatened be updated at each location to reflect mileage remaining until the next Class Status With a Section 4(d) Rule changes in the train consist; and I brake test is required. AGENCY: (3) In the event of disruption of (h) An accurate calculation of the Fish and Wildlife Service, communication with the eABS system, mileage remaining under paragraph (a) Interior. a train is permitted to move based upon or (b) of this section must, at minimum: ACTION: Proposed rule. the mileage permitted to the most (1) Be based upon the number of SUMMARY: We, the U.S. Fish and restrictive car as reported in the cab miles the car has traveled as part of a Wildlife Service (Service), propose to record. train; reclassify (downlist) Furbish’s (e) Notwithstanding §§ 232.205 (2) Be updated for the car as soon as lousewort (Pedicularis furbishiae) from through 232.209, a Class I, Class IA, or practicable after departure of the car in an endangered species to a threatened Class II brake test is not required to be a train, but no later than the time at species under the Endangered Species performed at the following locations for which the car departs in any subsequent Act of 1973, as amended (Act), and we a train consisting solely of cars operated train; and propose a rule under section 4(d) of the under this section: (3) Be inclusive of any excess mileage Act to promote the conservation of (1) A location where one or more cars accumulated between brake tests. Such Furbish’s lousewort. This information is are removed from any location in the excess mileage shall be reported as a based on a thorough review of the best train; negative number. (2) A location where any car meeting (i) The eABS system must retain available scientific and commercial the requirements of paragraph (a) or (b) records for a minimum of one year from information, which indicates the threats of this section is added to a train; or the records’ creation. to the species have been reduced to the (3) A location where the motive (j) FRA’s Associate Administrator for point that the species no longer meets power for the train consist is changed. Railroad Safety may revoke a railroad’s the definition of an endangered species (f) The eABS system must maintain authority to utilize the provisions of this under the Act. We request information the integrity and availability of records, section, in whole or in part, if: and comments from the public on this including but not limited to: (i) FRA finds that the railroad’s eABS proposal. (1) Recognition of a unique identifier system or the records contained in the DATES: We will accept comments associated with each person that authors railroad’s eABS system are not properly received or postmarked on or before records in the eABS system, with secure, are inaccessible to FRA or the March 16, 2021. Comments submitted provisions to ensure that records railroad’s employees, or fail to electronically using the Federal containing such identifier accurately adequately track and monitor the eRulemaking Portal (see ADDRESSES, reflect that the individual associated movement of equipment operating below) must be received by 11:59 p.m. with the identifier authored the record; pursuant to this section; or Eastern Time on the closing date. We (2) Implementation of means to (ii) The railroad demonstrates a record must receive requests for a public ensure that stored records contain all of repeated or willful noncompliance hearing, in writing, at the address information required in paragraph (a)(3) with the provisions of this part or parts shown in FOR FURTHER INFORMATION of this section; 215 and 229 of this chapter. CONTACT by March 1, 2021. (3) Implementation of means to (2) Revocation may be limited to ADDRESSES: You may submit comments ensure that each record containing the specific locations, equipment, by one of the following methods: statements described in paragraph (a)(3) environmental conditions, train routes, (1) Electronically: Go to the Federal of this section identifies as a qualified employees, or eABS systems. eRulemaking Portal: http:// mechanical inspector any person (3) FRA will record such a www.regulations.gov. In the Search box, performing a Class I brake test who determination in writing, state the basis enter FWS–R5–ES–2019–0056, which is meets the criteria for a qualified for such action, establish conditions of the docket number for this rulemaking. mechanical inspector, as defined in revocation, including a specific period Then, click on the Search button. On the § 232.5; of suspension or conditions for the resulting page, in the Search panel on (4) Accessibility for FRA review and restoration of the authority to utilize the the left side of the screen, under the monitoring at any time. Records in the provisions of this section, and provide Document Type heading, click on the eABS system must be made a copy of the document to the railroad. Proposed Rule box to locate this VerDate Sep<11>2014 02:37 Jan 15, 2021 Jkt 253001 PO 00000 Frm 00104 Fmt 4702 Sfmt 4702 E:\FR\FM\15JAP1.SGM 15JAP1 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Proposed Rules 3977 document. You may submit a comment to Furbish’s lousewort or its habitat of the hearing, as well as how to obtain by clicking on ‘‘Comment Now!’’ associated with climate change. reasonable accommodations, in the (2) By hard copy: Submit by U.S. mail: (5) New information on planned Federal Register at least 15 days before Public Comments Processing, Attn: development activities within the range the hearing. For the immediate future, FWS–R5–ES–2019–0056; U.S. Fish and of Furbish’s lousewort that may we will provide these public hearings Wildlife Service, MS: PRB/3W, 5275 adversely affect or benefit the plant. using webinars that will be announced Leesburg Pike, Falls Church, VA 22041– (6) Information on regulations that are on the Service’s website, in addition to 3803. necessary and advisable to provide for the Federal Register. The use of these We request that you send comments the conservation of Furbish’s lousewort virtual public hearings is consistent only by the methods described above. and that the Service can consider in with our regulations at 50 CFR We will post all comments on http:// developing a 4(d) rule for the species. In 424.16(c)(3). particular, information concerning the www.regulations.gov. This generally Supporting Documents means that we will post any personal extent to which we should include any information you provide us (see Public of the section 9 prohibitions in the 4(d) A species status assessment (SSA) Comments, below, for more rule or whether any other forms of take team prepared an SSA report for information). should be excepted from the Furbish’s lousewort. The SSA team was Document availability: This proposed prohibitions in the 4(d) rule. composed of biologists from the Service rule and supporting documents Please include sufficient information and the State of Maine Natural Areas including the 5-year review, the with your submission (such as scientific Program. The SSA report represents a Recovery Plan, and the species status journal articles or other publications) to compilation of the best scientific and assessment (SSA) report are available at allow us to verify any scientific or commercial data available concerning http://www.regulations.gov under commercial information you include. the status of the species, including the Docket No. FWS–R5–ES–2019–0056, Please note that submissions merely impacts of past, present, and future and at the Maine Ecological Services stating support for or opposition to the factors (both negative and beneficial) Field Office (see FOR FURTHER action under consideration without affecting the species.
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