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also estimate that it would take about 5 List of Subjects in 14 CFR Part 39 (g) Alternative Methods of Compliance hours per product to comply with this (AMOCs) proposed AD. The average labor rate is Air transportation, Aircraft, Aviation The Manager, Engine Certification Office, $85 per hour. Required parts cost about safety, Incorporation by reference, FAA, may approve AMOCs to this AD. Use $6,560 per product. Based on these Safety. the procedures found in 14 CFR 39.19 to make your request. figures, we estimate the cost of the The Proposed Amendment proposed AD on U.S. operators to be (h) Related Information $41,910. Our cost estimate is exclusive Accordingly, under the authority (1) For more information about this AD, of possible warranty coverage. delegated to me by the Administrator, contact Frederick Zink, Aerospace Engineer, the FAA proposes to amend 14 CFR part Authority for This Rulemaking Engine Certification Office, FAA, Engine & 39 as follows: Propeller Directorate, 12 New England Title 49 of the United States Code Executive Park, Burlington, MA 01803; PART 39—AIRWORTHINESS specifies the FAA’s authority to issue phone: 781–238–7779; fax: 781–238–7199; DIRECTIVES email: [email protected]. rules on aviation safety. Subtitle I, (2) Refer to European Aviation Safety section 106, describes the authority of 1. The authority citation for part 39 Agency Airworthiness Directive 2013– the FAA Administrator. ‘‘Subtitle VII: continues to read as follows: 0111R1, dated June 3, 2013, for more Aviation Programs,’’ describes in more information. You may examine the AD on the detail the scope of the Agency’s Authority: 49 U.S.C. 106(g), 40113, 44701. Internet at http://www.regulations.gov. (3) Turbomeca S.A. Alert Mandatory authority. § 39.13 [Amended] We are issuing this rulemaking under Service Bulletin (MSB) No. A283 72 0809, ■ 2. The FAA amends § 39.13 by adding Version A, dated May 16, 2013, and the authority described in ‘‘Subtitle VII, Turbomeca S.A. Alert MSB No. A283 72 Part A, Subpart III, Section 44701: the following new airworthiness 0808, Version A, dated May 16, 2013, which General requirements.’’ Under that directive (AD): are not incorporated by reference in this AD, section, Congress charges the FAA with Turbomeca S.A.: Docket No. FAA–2013– can be obtained from Turbomeca S.A. using promoting safe flight of civil aircraft in 0575; Directorate Identifier 2013–NE–21–AD. the contact information in paragraph (h)(4) of air commerce by prescribing regulations this AD. (a) Comments Due Date for practices, methods, and procedures (4) For service information identified in the Administrator finds necessary for We must receive comments by October 7, this AD, contact Turbomeca, S.A., 40220 safety in air commerce. This regulation 2013. Tarnos, France; phone: 33 (0)5 59 74 40 00; telex: 570 042; fax: 33 (0)5 59 74 45 15. You (b) Affected ADs is within the scope of that authority may view this service information at the because it addresses an unsafe condition None. FAA, Engine & Propeller Directorate, 12 New that is likely to exist or develop on (c) Applicability England Executive Park, Burlington, MA. For products identified in this rulemaking information on the availability of this action. This AD applies to all Turbomeca S.A. material at the FAA, call 781–238–7125. ASTAZOU XIV B and XIV H engines. Regulatory Findings Issued in Burlington, Massachusetts, on (d) Reason July 19, 2013. We determined that this proposed AD This AD was prompted by reports of cracks Colleen M. D’Alessandro, on the 2nd-stage turbine disc. We are issuing would not have federalism implications Assistant Manager, Engine & Propeller this AD to prevent disc cracking, under Executive Order 13132. This Directorate, Aircraft Certification Service. uncontained 2nd-stage turbine blade release, proposed AD would not have a [FR Doc. 2013–18908 Filed 8–5–13; 8:45 am] substantial direct effect on the States, on damage to the engine, and damage to the BILLING CODE 4910–13–P the relationship between the national helicopter. Government and the States, or on the (e) Actions and Compliance distribution of power and Unless already done, do the following DEPARTMENT OF THE INTERIOR responsibilities among the various actions. levels of government. (1) For ASTAZOU XIV B engines that have Fish and Wildlife Service For the reasons discussed above, I not incorporated AB 138 modification remove 2nd-stage turbine disk part number certify this proposed regulation: (P/N) 0265260270 as follows: 50 CFR Part 17 (1) Is not a ‘‘significant regulatory (i) For engines with 1,800 or more engine [Docket No. FWS–R2–ES–2013–0083; action’’ under Executive Order 12866, cycles since new (CSN) or since last overhaul 4500030113] (2) Is not a ‘‘significant rule’’ under (CSLO), remove 2nd-stage turbine disk P/N 0265260270 within 10 operating hours after RIN 1018–AY55 the DOT Regulatory Policies and the effective date of this AD. Procedures (44 FR 11034, February 26, (ii) For engines with less than 1,800 CSN Endangered and Threatened Wildlife 1979), or CSLO, remove 2nd-stage turbine disk P/N and Plants; (3) Will not affect intrastate aviation 0265260270 within 300 operating hours after Status for the Sharpnose Shiner and in Alaska to the extent that it justifies the effective date of this AD or before 1800 making a regulatory distinction, and CSN or CSLO, whichever comes first. (2) For ASTAZOU XIV B engines that have AGENCY: Fish and Wildlife Service, (4) Will not have a significant incorporated AB 138 modification, remove Interior. economic impact, positive or negative, 2nd-stage turbine disk P/N 0283270200 with ACTION: Proposed rule. on a substantial number of small entities P/N 0265260270 written or scratched onto the disk within 1,800 CSN or CSLO, or under the criteria of the Regulatory SUMMARY: We, the U.S. Fish and Flexibility Act. within 10 operating hours after the effective date of this AD, whichever occurs later. Wildlife Service (Service), propose to We prepared a regulatory evaluation (3) For ASTAZOU XIV H engines, remove list the sharpnose shiner ( of the estimated costs to comply with 2nd-stage turbine disk P/N 0265260270 oxyrhynchus) and smalleye shiner (N. this proposed AD and placed it in the within 300 operating hours after the effective buccula), two fish species from Texas, AD docket. date of this AD. as endangered species under the

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Endangered Species Act of 1973, as Executive Summary review our analysis of the best available amended (Act). If we finalize this rule Why we need to publish a rule. Under science and application of that science as proposed, it would add these species the Act, if a species is determined to be and to provide any additional scientific to the List of Endangered and an endangered or threatened species information to improve this proposed Threatened Wildlife and extend the throughout all or a significant portion of rule. Because we will consider all Act’s protections to these species. its range, we are required to promptly comments and information we receive DATES: Written comments: We will publish a proposal in the Federal during the comment period, our final accept comments received or Register and make a determination on determinations may differ from this postmarked on or before October 7, our proposal within 1 year. Critical proposal. 2013. Comments submitted habitat shall be designated, to the Information Requested electronically using the Federal maximum extent prudent and eRulemaking Portal (see ADDRESSES determinable, for any species Public Comments section, below) must be received by determined to be an endangered or We intend that any final action 11:59 p.m. Eastern Time on the closing threatened species under the Act. resulting from this proposed rule will be date. Listing a species as an endangered or based on the best scientific and Public informational session and threatened species and designations and commercial data available and be as public hearing: We will hold a public revisions of critical habitat can only be accurate and as effective as possible. hearing on September 4, 2013. The completed by issuing a rule. Elsewhere Therefore, we request comments or public information session will begin at in today’s Federal Register (and information from other concerned 5:00 p.m., and the public hearing will available online at www.regulations.gov governmental agencies, Native begin at 6:30 p.m. and end at 8:00 p.m. at Docket Number FWS–R2–ES–2013– American tribes, the scientific Central Time. 0083), we propose to designate critical community, industry, or any other ADDRESSES: Written comments: You may habitat for the sharpnose shiner interested parties concerning this submit comments by one of the (Notropis oxyrhynchus) and smalleye proposed rule. We particularly seek following methods: shiner (N. buccula) under the Act. comments concerning: (1) Electronically: Go to the Federal This rule consists of a proposed rule (1) The sharpnose and smalleye eRulemaking Portal: http:// to list the sharpnose shiner and shiners’ biology, range, and population www.regulations.gov. In the Search box, smalleye shiner as endangered species. trends, including: enter FWS–R2–ES–2013–0083, which is The sharpnose shiner and smalleye (a) Biological or ecological the docket number for this rulemaking. shiner are currently candidate species requirements of these species, including Then click on the Search button. When for which we have on file sufficient habitat requirements for feeding, you have located this proposed rule, information on biological vulnerability breeding, and sheltering; you may submit a comment by clicking and threats to support preparation of a (b) Genetics and ; on ‘‘Comment Now!’’ listing proposal, but for which (2) By hard copy: Submit by U.S. mail (c) Historical and current range, development of a listing regulation has including distribution patterns; or hand-delivery to: Public Comments been precluded by other higher priority (d) Historical and current population Processing, Attn: FWS–R2–ES–2013– listing activities. This proposed rule levels, and current and projected trends; 0083; Division of Policy and Directives reassesses all available information and Management; U.S. Fish and Wildlife regarding status of and threats to the Service; 4401 N. Fairfax Drive, MS sharpnose shiner and smalleye shiner. (e) Past and ongoing conservation 2042–PDM; Arlington, VA 22203. The basis for our action. Under the measures for these species, their habitat, We request that you send comments Act, we can determine if a species is in or both. only by the methods described above. danger of extinction throughout all or a (2) Factors that may affect the We will post all comments on http:// significant portion of its range now continued existence of the species, www.regulations.gov under Docket (endangered) or likely to become which may include habitat modification Number FWS–R2–ES–2013–0083. This endangered in the foreseeable future or destruction, overutilization, disease, generally means that we will post any (threatened). As part of our analysis we predation, the inadequacy of existing personal information you provide us consider whether it is endangered or regulatory mechanisms, or other natural (see the Information Requested section threatened because of any five factors or manmade factors. below for more information). affecting its continued existence: (A) (3) Biological, commercial trade, or Public informational session and The present or threatened destruction, other relevant data concerning any public hearing: The public modification, or curtailment of its threats (or lack thereof) to this species informational session and hearing will habitat or range; (B) overutilization for and existing regulations that may be be held in the Upstairs Conference commercial, recreational, scientific, or addressing those threats. Room at the Abilene Civic Center, 1100 educational purposes; (C) disease or (4) Additional information concerning North 6th Street, Abilene, Texas. predation; (D) the inadequacy of the historical and current status, range, FOR FURTHER INFORMATION CONTACT: Erik existing regulatory mechanisms; or (E) distribution, and population size of this Orsak, Acting Field Supervisor, U.S. other natural or manmade factors species, including the locations of any Fish and Wildlife Service, Arlington, affecting its continued existence. We additional populations of this species. Texas, Ecological Services Field Office, have determined that habitat loss and (5) Information on the projected and 2005 NE Green Oaks Blvd., Suite 140, modification due to river fragmentation reasonably likely impacts of climate Arlington, TX 76006; by telephone 817– and decreased river flow resulting change on sharpnose and smalleye 277–1100; or by facsimile 817–277– mainly from reservoir impoundments shiners. 1129. Persons who use a and drought are primary threats to the (6) The relationship between telecommunications device for the deaf species. groundwater withdrawal and the (TDD) may call the Federal Information We will seek peer review. We are reduction of surface water flow in areas Relay Service (FIRS) at 800–877–8339. seeking comments from knowledgeable occupied by sharpnose and smalleye SUPPLEMENTARY INFORMATION: individuals with scientific expertise to shiners.

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(7) The relationship between saltcedar Shiner section, below), as well as 11, 2005 (70 FR 24899). Because the encroachment and the reduction of comments and materials we receive and sharpnose shiner and smalleye shiner surface water flow. other supporting documentation we were previously identified through our (8) The causation of toxic golden algal used in preparing this proposed rule, candidate assessment process, the blooms and their potential effect on will be available for public inspection species had already received the sharpnose and smalleye shiners. on http://www.regulations.gov at Docket equivalent of a substantial 90-day (9) Sources of surface water Number FWS–R2–ES–2013–0083 or by finding and a warranted, but precluded, contamination, particularly petroleum appointment, during normal business 12-month finding (67 FR 40657, June 13, products, in the upper hours, at the U.S. Fish and Wildlife 2002). Through the annual candidate basin. Service, Arlington, Texas, Ecological review process (69 FR 24876, May 4, (10) Information regarding future Services Field Office (see FOR FURTHER 2004; 70 FR 24870, May 11, 2005; 71 FR reservoir impoundments (and other fish INFORMATION CONTACT). 53756, September 12, 2006; 72 FR barrier construction) within the upper Public Hearing 69034, December 6, 2007; 73 FR 75176, Brazos River basin and their potential December 10, 2008; 74 FR 57804, effects on surface water flows and fish Section 4(b)(5) of the Act provides for November 9, 2009; 75 FR 69222, migration within habitat occupied by one or more public hearings on this November 10, 2010; 76 FR 66370, these species. proposal, if requested. We will hold a October 26, 2011; 77 FR 69994, Please include sufficient information public hearing on Wednesday, November 21, 2012), the Service with your submission (such as scientific September 4, 2013. The public continued to solicit information from journal articles or other publications) to information session will begin at 5:00 the public regarding these species. allow us to verify any scientific or p.m., and the public hearing will begin commercial information you include. at 6:30 p.m. and end at 8:00 p.m. Central Status Assessment for the Sharpnose Please note that submissions merely Time. The public informational session Shiner and Smalleye Shiner stating support for or opposition to the and hearing will be held in the Upstairs Introduction action under consideration without Conference Room at Abilene Civic providing supporting information, Center, 1100 North 6th Street, Abilene, The June 2013 SSA Report (Service although noted, will not be considered Texas. People needing reasonable 2013, entire; available online at in making a determination, as section accommodation in order to attend and www.regulations.gov under Docket 4(b)(1)(A) of the Act (16 U.S.C. 1531 et participate in the public hearing should Number FWS–R2–ES–2013–0083), seq.) directs that determinations as to contact Erik Orsak, Field Supervisor, provides a thorough assessment of whether any species is an endangered or Arlington, Texas, Ecological Services sharpnose shiner and smalleye shiner threatened species must be made Office, as soon as possible (see FOR biology and natural history, and ‘‘solely on the basis of the best scientific FURTHER INFORMATION CONTACT). assesses demographic risks, threats, and and commercial data available.’’ limiting factors in the context of You may submit your comments and Peer Review determining viability and risk of materials concerning this proposed rule In accordance with our joint policy on extinction for the species. In the SSA by one of the methods listed in the peer review published in the Federal Report, we compile biological data and ADDRESSES section. We request that you Register on July 1, 1994 (59 FR 34270), a description of past, present, and likely send comments only by the methods we will seek the expert opinions of five future threats (causes and effects) facing described in the ADDRESSES section. appropriate and independent specialists the sharpnose shiner and smalleye If you submit information via http:// regarding this proposed rule. The shiner. Because data in these areas of www.regulations.gov, your entire purpose of peer review is to ensure that science are limited, some uncertainties submission—including any personal our listing determination is based on are associated with this assessment. identifying information—will be posted scientifically sound data, assumptions, Where we have substantial uncertainty, on the Web site. If your submission is and analyses. The peer reviewers have we have attempted to make our made via a hardcopy that includes expertise in the biology and ecology of necessary assumptions explicit in the personal identifying information, you riverine fishes and are currently SSA Report. We base our assumptions may request at the top of your document reviewing the species status report, in these areas on the best available that we withhold this information from which will inform our final scientific and commercial data. public review. However, we cannot determination. We will invite comment Importantly, the SSA Report does not guarantee that we will be able to do so. from the peer reviewers during this represent a decision by the Service on We will post all hardcopy submissions public comment period. whether these taxa should be proposed on http://www.regulations.gov. We will consider all comments and for listing as endangered or threatened Comments and materials we receive, information we receive during this species under the Act. The SSA Report as well as supporting documentation we comment period on this proposed rule does, however, provide the scientific used in preparing this proposed rule, during our preparation of a final basis that informs our decisions, which will be available for public inspection determination. Accordingly, the final involve the further application of on http://www.regulations.gov at Docket decision may differ from this proposal. standards within the Act and its No. FWS–R2–ES–2013–0083, or by regulations and policies. appointment, during normal business Previous Federal Actions hours, at the U.S. Fish and Wildlife On June 13, 2002, the sharpnose Summary of Biological Status and Service, Arlington, Texas, Ecological shiner (Notropis oxyrhynchus) and Threats Services Field Office (see FOR FURTHER smalleye shiner (N. buccula) were made Our June 2013 SSA Report documents INFORMATION CONTACT). candidates for listing (67 FR 40657) the results of the comprehensive The June 2013 Sharpnose Shiner and under the Act. On May 11, 2004, we biological status review for the Smalleye Shiner Species Status received a petition to list the sharpnose sharpnose shiner and smalleye shiner, Assessment Report (SSA Report; Service shiner and smalleye shiner, which were and provides a thorough account of the 2013, entire; see Status Assessment for already on the candidate list; we species’ overall viability and, the Sharpnose Shiner and Smalleye published our petition finding on May conversely, extinction risk (Service

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2013, entire). The following is a the arid prairie region of Texas. The have been resilient to past stressors that summary of the results and conclusions most important part of their life history occur over short durations, and their from the SSA Report. is their reproductive strategies. Both populations appear capable of The sharpnose shiner and smalleye species broadcast-spawn eggs and sperm recovering naturally even when an shiner are small minnows native to arid into open water asynchronously (fish entire year’s reproductive effort is lost. prairie streams of Texas originating from not spawning at the same time) from However, without human intervention, the Brazos River. The naturally April through September during periods given their short lifespan and restricted occurring historical distribution the of low flow and synchronously (many range, stressors that persist for two or sharpnose shiner included the Brazos fish spawning at the same time) during more reproductive seasons (such as a River, Colorado River, and Wichita periods of elevated streamflow. Their severe drought) severely limit these River in Texas, while the naturally eggs are semi-buoyant and remain species’ current viability, placing them occurring historical distribution of the suspended 1 or 2 days in flowing water at a high risk of extinction now. smalleye shiner included only the as they develop into larvae. Larval fish The two primary factors affecting the Brazos River. remain suspended in the flowing water current and future conditions of these In conducting our status assessment, column an additional 2 to 3 days as they shiners are river fragmentation by we first considered what each of the two develop into free-swimming juvenile impoundments and alterations of the shiners need to ensure viability. We fish. In the absence of sufficient water natural streamflow regime (by generally define viability as the ability velocities, suspended eggs and larvae impoundments, drought, groundwater of the species to persist over the long sink into the substrate and subsequently withdrawal, and saltcedar term and, conversely, to avoid die. encroachment) within their range. Other extinction. We then evaluated whether To sustain populations of the shiners, secondary factors, such as water quality those needs currently exist and the experimental analysis suggests degradation and commercial harvesting repercussions to the species when those estimated mean spawning season river for fish bait, likely also impact these needs are missing, diminished, or flows of 2.61 cubic meters per second species but to a lesser degree. These inaccessible. We next considered the (m3s¥1) (92 cubic feet per second (cfs)) multiple factors are not acting factors that are causing the species to and 6.43 m3s¥1 (227 cfs) are required independently, but are acting together lack what it needs, including historical, for the sharpnose and smalleye shiners, as different sources (or causes), which current, and future factors. Finally, respectively. It is also estimated that can result in cumulative effects to lower considering the information reviewed, populations of shiners require the overall viability of the species. we evaluated the current status and approximately 275 kilometers (km) (171 Fish barriers such as impoundments future viability of the species in terms miles (mi)) of unobstructed, flowing are currently restricting the upstream of resiliency, redundancy, and water during the breeding season to and downstream movement of migrating representation. Resiliency is the ability support a successfully reproductive fish and prevent survival of the semi- of the species to withstand stochastic population. This length of stream allows buoyant eggs and larvae of sharpnose events and, in the case of the shiners, is the eggs and larvae to remain suspended and smalleye shiners. This is because best measured by the extent of suitable in the water column and survive until the eggs and larvae cannot remain habitat in terms of stream length. they mature sufficiently to swim on suspended in the water column under Redundancy is the ability of a species to their own. In addition, these fish only non-flowing conditions in reservoirs or withstand catastrophic events by naturally live for 1 or 2 years, making if streamflows cease. Of the area once spreading the risk and can be measured the populations particularly vulnerable occupied by one or both species in the through the duplication and distribution when the necessary streamflow Brazos, Colorado, and Wichita Rivers, of resilient populations across its range. conditions for reproduction are lacking only two contiguous river segments Representation is the ability of a species for more than one season. Across their remain with unobstructed lengths to adapt to changing environmental range, these species also need (without dams) greater than 275 km (171 conditions and can be measured by the unobstructed river lengths to allow for mi): The upper Brazos River (where the breadth of genetic diversity within and upstream and downstream movements fish are extant) and the lower Brazos among populations and the ecological to survive seasons with poor River (where the fish are functionally diversity of populations across the environmental conditions in certain extirpated). The effects of habitat species’ range. In the case of the shiners, river reaches. Unobstructed river fragmentation have occurred and we evaluate representation based on the reaches allow some fish to survive and continue to occur throughout the range extent of the geographical range and the recolonize degraded reaches when of both species and are expected to variability of habitat characteristics conditions improve. increase if proposed new reservoirs are within their range as indicators of The current conditions of both species constructed. Habitat fragmentation is genetic and ecological diversity. indicate that they do not have the affecting both species at the individual, Our assessment found that both necessary resources for persistence in population, and species levels, and puts species of shiners have an overall low the immediate future. Both species have the species at a high risk of extinction viability (or low probability of experienced dramatic range reduction, currently and increasingly so into the persistence) in the near term (over about with both fish having lost at least half long-term future. the next 10 years) and a decreasing of their historical range. Both species The historical ranges of both species viability (increasing risk of extinction) are now restricted to one population in have been severely fragmented, in the long-term future (over the next 11 the upper Brazos River basin. As a primarily by large reservoir to 50 years). For the shiners to be result, sharpnose and smalleye shiners impoundments, resulting in the considered viable, individual fish need currently lack redundancy, which is isolation of one population of each specific vital resources for survival and significantly reducing the viability of species in the upper Brazos River basin. completion of their life cycles. Both these species as a whole. In addition, The construction of Possum Kingdom species need wide, shallow, flowing streamflows within their current extant Reservoir in 1941, for example, waters generally less than half a meter range are insufficient during some years eliminated the ability of these species to deep (1.6 ft) with sandy substrates, to support successful reproduction, migrate downstream to wetter areas which are found in mainstem rivers in such as occurred in 2011. These fish when the upper Brazos River

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experiences drought. There is also a change. Finally, saltcedar encroachment conservation districts. However, these number of existing in-channel structures is another source of environmental programs and conservation efforts have (primarily pipeline crossings and low- change that not only is affecting not alleviated ongoing and future threats water crossings) within the occupied streamflows but also restricts channel negatively affecting water flow in the range of these species, some of which width and increases channel depth. upper Brazos River. are known to restrict fish passage during These stream channel changes reduce The effects of reduced stream flows periods of low flow. Species extirpation the amount of wide channels and on the shiners were dramatically has already occurred in areas where shallow waters preferred by sharpnose demonstrated during the summer river segments have been fragmented and smalleye shiners. Flow reduction spawning season of 2011. During 2011, and reduced to less than 275 km (171 and an altered flow regime have Texas experienced the worst 1-year mi) in length. occurred and continue to occur drought on record, and the upper Brazos In addition, future fragmentation of throughout the range of these species River went dry. Some individual fish the remaining occupied habitat of the and are expected to impact both species presumably found refuge from the upper Brazos River by new at the individual, population, and drying river in Possum Kingdom Lake impoundments would decrease the species levels. downstream. However, the non-flowing contiguous, unfragmented river habitat Within the reduced range of these conditions in the river made required by these species for successful species in the upper Brazos River basin, reproduction impossible, and any reproduction. Texas does not have there are currently at least 13 shiners in the lake would have faced adequate water supplies to meet current impoundments or other structures increased predation pressure from large, or projected water demand in the upper affecting (to varying degrees) the lake-adapted, piscivorous fish. Fearing Brazos River region, and additional amount of stream flow within the possible extinction of these species, reservoir construction is considered occupied range of these species. These State fish biologists from Texas captured imminent. Possible new impoundments reservoirs serve as water supplies for sharpnose and smalleye shiners from include the 2012 State Water Plan’s various consumptive water uses and isolated pools in 2011, prior to their proposed Post Reservoir in Garza reduce downstream flows available for complete drying, and maintained a County, the Double Mountain Fork the fishes. Because the current small population in captivity until they Reservoir (East and West) in Stonewall impoundments restrict stream flow were released back into the lower County, and the South Bend Reservoir below the minimum levels required for Brazos River the following year. During in Young County. Because extirpation of both species, we expect these the 2011 drought, no sharpnose shiner these species is expected to occur in impoundments to impact both species at or smalleye shiner reproduction was occupied river fragments reduced to less the individual, population, and species documented. Given their short lifespan than 275 km (171 miles) in length, any levels. (they typically live only two new structures further fragmenting Additional future impoundments, reproductive seasons), a similar drought stream habitats significantly increase reservoir augmentations, and water in 2012 would have likely led to the likelihood of extinction for both diversions are under consideration for extinction of both species. However, species. construction within the upper Brazos 2012 fish survey results of the upper The natural flow regime is considered River, which would further reduce Brazos River indicated drought one of the most important factors to flows and fragment remaining habitat. conditions were not as intense as those which native riverine species, like the The construction of at least some of in 2011, and sharpnose and smalleye shiners, become adapted, and these structures to meet future water shiners persisted. alterations to it can have severe impacts demand in the region is highly likely to As remaining habitat of the shiners on fishes. A majority of sharpnose and occur within the next 50 years. These becomes more fragmented and drought smalleye shiner reproductive output future impoundments, reservoir conditions intensify, the single occurs through synchronized spawning augmentatons, and water diversions will remaining population of sharpnose during periods of elevated flow further increase the likelihood of shiners and smalleye shiners will associated with storms, although extinction for both species. become more geographically restricted, successful reproduction is also possible Besides impoundments and further reducing the viability of the during periods of low to moderate flow. diversions of water from reservoirs, species into the future. Under these When streamflows are insufficient, the there are other sources causing reduced conditions, the severity of secondary fish cannot successfully spawn and stream flows in the upper Brazos River threats, such as water quality reproduce. There are several basin. One such source is climate degradation from pollution and golden environmental changes that are a source change, which is projected to result in algal blooms, and legally permitted of declining streamflows within the warmer temperatures and drier commercial bait fish harvesting, will range of the shiners. Downstream of conditions in the upper Brazos River in have a larger impact on the species and reservoirs, streamflows are lowered and the future. This trend is already a single pollutant discharge, golden stabilized, which has reduced or, in becoming apparent and exacerbates the algal bloom, or commercial harvesting some areas, eliminated successful likelihood of species extinction from or other local event will severely reproduction in these species. In loss of river flow. Reductions to river increase the risk of extinction of both addition, groundwater withdrawal and flow and river drying are also expected species. depletion will reduce or eliminate the to increase as groundwater withdrawals The shiners currently have limited remaining springs and seeps of the negatively impact already reduced viability and increased vulnerability to Brazos River basin, which will lower spring flows. Saltcedar encroachment extinction because of their stringent life- river flow. Drought is another obvious also intensifies evaporative water loss history requirement of long, flowing source of impact that negatively affects along occupied river segments. There rivers to complete their reproductive streamflow and has severe impacts on are several existing efforts addressing cycle. With a short lifespan allowing sharpnose and smalleye shiner threats to natural flow regimes, only one or two breeding seasons and reproduction. Severe droughts in this including the Texas Environmental the need for unobstructed river reaches region are expected to become more Flows Program, saltcedar control greater than 275 km (171 mi) in length common as a result of ongoing climate programs, and groundwater containing average flows greater than

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2.61 m3s¥1 (92 cfs) and 6.43 m3s¥1 (227 is ‘‘in danger of extinction throughout months, which is also when these cfs) (for the sharpnose and smalleye all or a significant portion of its range.’’ species spawn. The eggs and larvae of shiners, respectively) during the A threatened species is any species that these species require flowing water of summer, both species are at a high risk is ‘‘likely to become an endangered sufficient velocity to keep their eggs and of extirpation when rivers are species within the foreseeable future larvae afloat and alive. During periods fragmented by fish barriers and flows throughout all or a significant portion of of insufficient river flow, reproduction are reduced from human use and its range.’’ Under section 4(a)(1) of the is not successful and no young are drought-enhanced water shortages. Act, in reviewing the status of the produced. These conditions have already resulted species to determine if it meets the Our review found the primary factors in a significant range reduction and definitions of endangered or threatened, leading to a high risk of extinction for isolation of the one remaining we determine whether any species is an these fishes include habitat loss and population of both fish into the upper endangered species or a threatened modification due to river fragmentation Brazos River. The extant population of species because of any of the following and decreased river flow, resulting each shiner species is located in a five factors: (A) The present or mainly from reservoir impoundments. contiguous stretch of river long enough threatened destruction, modification, or Drought, exacerbated by climate change, to support reproduction, is of adequate curtailment of its habitat or range; (B) and groundwater withdrawals also act size, and is generally considered overutilization for commercial, as sources to reduce stream flows and resilient to local or short-term recreational, scientific, or educational modify stream habitats. Fragmentation environmental changes. However, with purposes; (C) disease or predation; (D) due to reservoir construction has only one location, the species lack any the inadequacy of existing regulatory resulted in a substantially reduced range redundancy, and it is presumed these mechanisms; and (E) other natural or with only one isolated population of species lack the genetic and ecological manmade factors affecting its continued each species in the upper Brazos River. representation to adapt to ongoing existence. With only one isolated population remaining, these species have no threats. Given the short lifespan and Proposed Listing Status Determination restricted range of these species, redundancy, reduced resiliency due to without human intervention, lack of Based on our review of the best the inability to disperse downstream, adequate flows (due to drought and available scientific and commercial and limited representation. This other stressors) persisting for two or information, we conclude that the situation puts the species in danger of more consecutive reproductive seasons sharpnose shiner and smalleye shiner extinction from only one adverse event would likely lead to species extinction. are currently in danger of extinction (such as insufficient flow rates for 2 With human water use and ongoing throughout all of their range, and, consecutive years). Secondary causes of regional drought, the probability of this therefore, both meet the definition of an habitat modifications include water happening in the near term (about the endangered species. This finding, quality degradation and saltcedar next 10 years) is high, putting the explained below, is based on our encroachment that alters stream species at a high risk of extinction. Over conclusions that these species exhibit channels. As population sizes decrease, the longer term (the next 11 to 50 years), low viability, as characterized by not localized concerns, such as commercial having the resiliency to overcome these conditions will only continue to harvesting of individuals, also increases persistent threats and insufficient deteriorate as human water use the risk of extinction. population redundancy. We found the continues, including possible We evaluated whether the sharpnose sharpnose shiner and smalleye shiner shiner and smalleye shiner are in danger construction of new dams within the are in danger of extinction now, and the of extinction now (i.e., an endangered extant range, and as there are enhanced situation will not improve without species) or are likely to become in chances of drought due to ongoing significant conservation intervention. danger of extinction in the foreseeable climate change. In conclusion, the We, therefore, find that the sharpnose future (i.e., a threatened species). The current condition of both species is at a shiner and smalleye shiner warrant foreseeable future refers to the extent to low viability (low probability of listing as endangered species. which the Secretary can reasonably rely persistence), and their viability is only On the basis of our biological review on predictions about the future in expected to decline into the future. documented in the June 2013 SSA making determinations about the Determination Report, we found that the sharpnose conservation status of the species. A key shiner and smalleye shiner are statutory difference between an Standard for Review vulnerable to extinction due to their endangered species and a threatened Section 4 of the Act, and its reduced ranges and their highly specific species is the timing of when a species implementing regulations at 50 CFR part reproductive strategies. These species may be in danger of extinction, either 424, set forth the procedures for adding are currently restricted to the upper now (endangered species) or in the species to the Federal Lists of Brazos River and its major tributaries, foreseeable future (threatened species). Endangered and Threatened Wildlife which represents a greater than 70 Because of the fact-specific nature of and Plants. Under section 4(b)(1)(a), the percent reduction in range for the listing determinations, there is no single Secretary is to make endangered or sharpnose shiner and a greater than 50 metric for determining if a species is threatened determinations required by percent range reduction for the smalleye presently ‘‘in danger of extinction.’’ In subsection 4(a)(1) solely on the basis of shiner. The occupied river segments of the case of the sharpnose shiner and the best scientific and commercial data the upper Brazos River currently retain smalleye shiner, the best available available to her after conducting a the necessary length (greater than 275 information indicates the severe range review of the status of the species and km (171 miles)) to support successful reduction and isolation of these species after taking into account conservation broadcast-spawning reproduction in to a single population in the upper efforts by States or foreign nations. The these species. However, these river Brazos River places these species in standards for determining whether a segments have naturally occurring danger of extinction now, and the species is endangered or threatened are periods of low flow, periods completely situation is exacerbated by the ongoing provided in section 3 of the Act. An lacking flow, and periods of complete and intensifying effects of river endangered species is any species that drying—often during the dry summer fragmentation, climate-change-induced

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drought, saltcedar encroachment, water and implement recovery plans for the nongovernmental organizations. In quality degradation, and commercial conservation of endangered and addition, pursuant to section 6 of the bait harvesting. The current threats threatened species. The recovery Act, the State of Texas would be eligible affecting these species are expected to planning process involves the for Federal funds to implement continue (or even increase without identification of actions that are management actions that promote the substantial conservaton efforts), causing necessary to halt or reverse the species’ protection and recovery of the both species to be in danger of decline by addressing the threats to its sharpnose shiner and smalleye shiner. extinction now—as nearly occurred survival and recovery. The goal of this Information on our grant programs that during the drought of 2011. Therefore, process is to restore listed species to a are available to aid species recovery can because these species have been point where they are secure, self- be found at: http://www.fws.gov/grants. reduced to less than half of their sustaining, and functioning components Although the sharpnose shiner and previously occupied range and because of their ecosystems. smalleye shiner are only proposed for both species are restricted to a single, Recovery planning includes the listing under the Act at this time, please non-resilient population at a high risk of development of a recovery outline let us know if you are interested in extinction from a variety of unabated shortly after a species is listed, participating in recovery efforts for this threats, we find both species are in preparation of a draft and final recovery species. Additionally, we invite you to danger of extinction now and meet the plan, and revisions to the plan as submit any new information on these definition of an endangered species. significant new information becomes species whenever it becomes available In conclusion, after a review of the available. The recovery outline guides and any information you may have for best available scientific and commercial the immediate implementation of urgent recovery planning purposes (see FOR information as it relates to the status of recovery actions and describes the FURTHER INFORMATION CONTACT). the species and the five listing factors, process to be used to develop a recovery Section 7(a) of the Act requires we find the sharpnose shiner and plan. The recovery plan identifies site- Federal agencies to evaluate their smalleye shiner are in danger of specific management actions that will actions with respect to any species that extinction now. Therefore, we propose achieve recovery of the species, is proposed or listed as endangered or to list the sharpnose shiner and measurable criteria that determine when threatened and with respect to its smalleye shiner as endangered species a species may be downlisted or delisted, critical habitat, if any is designated. in accordance with section 3(6) of the and methods for monitoring recovery Regulations implementing this Act. progress. Recovery plans also establish interagency cooperation provision of the Under the Act and our implementing a framework for agencies to coordinate Act are codified at 50 CFR part 402. regulations, a species may warrant their recovery efforts and provide Section 7(a)(4) of the Act requires listing if it is endangered or threatened estimates of the cost of implementing Federal agencies to confer with the throughout all or a significant portion of recovery tasks. Recovery teams Service on any action that is likely to its range. The threats to the survival of (comprising species experts, Federal jeopardize the continued existence of a the sharpnose shiner and smalleye and State agencies, nongovernmental species proposed for listing or result in shiner occur throughout these species’ organizations, and stakeholders) are destruction or adverse modification of ranges and are not restricted to any often established to develop recovery proposed critical habitat. If a species is particular significant portion of those plans. When completed, the recovery listed subsequently, section 7(a)(2) of ranges. Accordingly, our assessments outline, draft recovery plan, and the the Act requires Federal agencies to and determinations apply to the species final recovery plan will be available on ensure that activities they authorize, throughout their entire ranges. our Web site (http://www.fws.gov/ fund, or carry out are not likely to jeopardize the continued existence of Available Conservation Measures endangered), or from our Arlington, Texas, Ecological Services Field Office the species or destroy or adversely Conservation measures provided to (see FOR FURTHER INFORMATION CONTACT). modify its critical habitat. If a Federal species listed as endangered or Implementation of recovery actions action may affect a listed species or its threatened species under the Act generally requires the participation of a critical habitat, the responsible Federal include recognition, recovery actions, broad range of partners, including other agency must enter into formal requirements for Federal protection, and Federal agencies, States, tribes, consultation with the Service. prohibitions against certain practices. nongovernmental organizations, Federal agency actions within the Recognition through listing results in businesses, and private landowners. species’ habitat that may require public awareness and conservation by Examples of recovery actions include conference or consultation or both as Federal, State, tribal, and local agencies, habitat restoration (e.g., removal of described in the preceding paragraph private organizations, and individuals. existing fish barriers), research, captive may include but are not limited to: The Act encourages cooperation with propagation and reintroduction, and Permitting of interbasin water transfers, the States and requires that recovery outreach and education. The recovery of permitting of large groundwater actions be carried out for all listed many listed species cannot be withdrawal projects, permitting of in- species. The protection required by accomplished solely on Federal lands channel mining and dredging, issuance Federal agencies and the prohibitions because their range may not occur of section 404 Clean Water Act (33 against certain activities are discussed, primarily or solely on non-Federal U.S.C. 1251 et seq.) permits by the U.S. in part, below. lands. To achieve recovery of these Army Corps of Engineers, and The primary purpose of the Act is the species requires cooperative construction and maintenance of roads conservation of endangered and conservation efforts on private, State, or highways by the Federal Highway threatened species and the ecosystems and Tribal lands. Administration. upon which they depend. The ultimate If these species are listed, funding for The Act and its implementing goal of such conservation efforts is the recovery actions will be available from regulations set forth a series of general recovery of these listed species, so that a variety of sources, including Federal prohibitions and exceptions that apply they no longer need the protective budgets, State programs, and cost share to all endangered wildlife. The measures of the Act. Subsection 4(f) of grants for non-Federal landowners, the prohibitions of section 9(a)(2) of the Act, the Act requires the Service to develop academic community, and codified at 50 CFR 17.21 for endangered

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wildlife, in part, make it illegal for any stream dredging, impoundment, or National Environmental Policy Act of person subject to the jurisdiction of the construction; water diversion or 1969, need not be prepared in United States to take (includes harass, withdrawal; channelization; discharge connection with listing a species as an harm, pursue, hunt, shoot, wound, kill, of fill material) that impairs essential endangered or threatened species under trap, capture, or collect; or to attempt behaviors such as breeding, feeding, or the Endangered Species Act. We any of these), import, export, ship in sheltering, or results in killing or published a notice outlining our reasons interstate commerce in the course of injuring sharpnose or smalleye shiners. for this determination in the Federal commercial activity, or sell or offer for Such activities could include, but are Register on October 25, 1983 (48 FR sale in interstate or foreign commerce not limited to, the destruction of upland 49244). any listed species. Under the Lacey Act riparian areas in a manner that it (18 U.S.C. 42–43; 16 U.S.C. 3371–3378), negatively impacts the river ecosystem. References it is also illegal to possess, sell, deliver, (3) Capture, survey, or collection of A complete list of references used in carry, transport, or ship any such specimens of this taxon without a support of this proposed rulemaking is wildlife that has been taken illegally. permit from the Service under section available on the Internet at http:// Certain exceptions apply to agents of the 10(a)(1)(A) of the Act. www.regulations.gov under Docket Service and State conservation agencies. Questions regarding whether specific Number FWS–R2–ES–2013–0083 in the We may issue permits to carry out activities would constitute a violation of June 2013 Status Assessment Report for otherwise prohibited activities section 9 of the Act should be directed the Sharpnose Shiner and Smalleye involving endangered and threatened to the Arlington, Texas, Ecological Shiner (Service 2013, Literature Cited) wildlife species under certain Services Field Office (see FOR FURTHER and upon request from the Arlington, circumstances. Regulations governing INFORMATION CONTACT). Texas, Ecological Services Field Office permits are codified at 50 CFR 17.22 for Required Determinations (see FOR FURTHER INFORMATION CONTACT). endangered species, and at 17.32 for threatened species. With regard to Clarity of the Rule Authors endangered wildlife, a permit must be We are required by Executive Orders The primary authors of this document issued for the following purposes: For 12866 and 12988 and by the are the staff members of the Arlington, scientific purposes, to enhance the Presidential Memorandum of June 1, Texas, Ecological Services Field Office. propagation or survival of the species, 1998, to write all rules in plain and for incidental take in connection language. This means that each rule we List of Subjects in 50 CFR Part 17 with otherwise lawful activities. publish must: Our policy, as published in the Endangered and threatened species, (1) Be logically organized; Exports, Imports, Reporting and Federal Register on July 1, 1994 (59 FR (2) Use the active voice to address 34272), is to identify to the maximum recordkeeping requirements, readers directly; Transportation. extent practicable at the time a species (3) Use clear language rather than is listed, those activities that would or jargon; Proposed Regulation Promulgation would not constitute a violation of (4) Be divided into short sections and Accordingly, we propose to amend section 9 of the Act. The intent of this sentences; and policy is to increase public awareness of (5) Use lists and tables wherever part 17, subchapter B of chapter I, title the effect of a proposed listing on possible. 50 of the Code of Federal Regulations, proposed and ongoing activities within If you feel that we have not met these as set forth below: the range of species proposed for listing. requirements, send us comments by one PART 17—[AMENDED] The following activities could of the methods listed in the ADDRESSES potentially result in a violation of section. To better help us revise the ■ 1. The authority citation for part 17 section 9 of the Act; this list is not rule, your comments should be as continues to read as follows: comprehensive: specific as possible. For example, you (1) Unauthorized collecting, handling, should tell us the numbers of the Authority: 16 U.S.C. 1361–1407; 1531– possessing, selling, delivering, carrying, sections or paragraphs that are unclearly 1544; 4201–4245, unless otherwise noted. or transporting of the species, including written, which sections or sentences are ■ 2. In § 17.11(h), add entries for import or export across State lines and too long, the sections where you feel ‘‘Shiner, sharpnose’’ and ‘‘Shiner, international boundaries, except for lists or tables would be useful, etc. smalleye’’ in alphabetical order under properly documented antique FISHES to the List of Endangered and National Environmental Policy Act (42 specimens of these taxa at least 100 Threatened Wildlife, to read as follows: years old, as defined by section 10(h)(1) U.S.C. 4321 et seq.) of the Act. We have determined that § 17.11 Endangered and threatened (2) Unauthorized destruction or environmental assessments and wildlife. alteration of sharpnose and smalleye environmental impact statements, as * * * * * shiner habitats (e.g., unpermitted in- defined under the authority of the (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* FISHES

******* Shiner, sharpnose ... Notropis U.S. (TX) ...... Entire ...... E ...... NA NA oxyrhynchus. Shiner, smalleye ...... Notropis buccula ..... U.S. (TX) ...... Entire ...... E ...... NA NA

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Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

*******

* * * * * the docket number for this rulemaking. required to promptly publish a proposal Dated: July 15, 2013. Then, in the Search panel on the left in the Federal Register and make a Daniel M. Ashe, side of the screen, under the Document determination on our proposal within Type heading, click on the Proposed one year. Listing a species as an Director, U.S. Fish and Wildlife Service. Rules link to locate this document. You endangered or threatened species can [FR Doc. 2013–18211 Filed 8–5–13; 8:45 am] may submit a comment by clicking on only be completed by issuing a rule. In BILLING CODE 4310–55–P ‘‘Comment Now!’’ If your comments the case of Graham’s beardtongue, a will fit in the provided comment box, June 9, 2011, court decision reinstated please use this feature of http:// DEPARTMENT OF THE INTERIOR our January 19, 2006, proposed rule (71 www.regulations.gov, as it is most FR 3158) to list Graham’s beardtongue Fish and Wildlife Service compatible with our comment review as a threatened species and ordered us procedures. If you attach your to reconsider, with all deliberate speed, 50 CFR Part 17 comments as a separate document, our a new final rule with respect to whether preferred file format is Microsoft Word. this species should be listed as an [Docket No. FWS–R6–ES–2013–0081; If you attach multiple comments (such endangered or threatened species under 4500030113] as form letters), our preferred format is the Act. We have determined that RIN 1018–AY95 a spreadsheet in Microsoft Excel. enough new information exists to (2) By hard copy: Submit by U.S. mail warrant a new proposed rule for the Endangered and Threatened Wildlife or hand-delivery to: Public Comments Graham’s beardtongue. and Plants; Threatened Species Status Processing, Attn: FWS–R6–ES–2013– for Graham’s Beardtongue (Penstemon 0081; Division of Policy and Directives This rule consists of a proposed rule grahamii) and Management; U.S. Fish and Wildlife to list the Graham’s beardtongue and Beardtongue (Penstemon scariosus Service; 4401 N. Fairfax Drive, MS White River beardtongue as threatened var. albifluvis) 2042–PDM; Arlington, VA 22203. species under the Act. We request that you send comments The basis for our action. Under the AGENCY: Fish and Wildlife Service, only by the methods described above. Act, we can determine that a species is Interior. We will post all information received on an endangered or threatened species ACTION: Proposed rule. http://www.regulations.gov. This based on any of five factors: (A) The generally means that we will post any present or threatened destruction, SUMMARY: We, the U.S. Fish and personal information you provide us Wildlife Service, propose to list modification, or curtailment of its (see the Information Requested section habitat or range; (B) overutilization for Graham’s beardtongue (Penstemon below for more details). grahamii) and White River beardtongue commercial, recreational, scientific, or Any additional tools or supporting educational purposes; (C) disease or (Penstemon scariosus var. albifluvis) as information that we may develop for threatened species throughout their predation; (D) the inadequacy of this rulemaking will be available at existing regulatory mechanisms; or (E) ranges under the Endangered Species http://www.fws.gov/mountain-prairie/ Act of 1973, as amended (Act). If we other natural or manmade factors species/plants/2utahbeardtongues/, at affecting its continued existence. finalize this rule as proposed, it would http://www.regulations.gov at Docket add Graham’s and White River No. FWS–R6–ES–2013–0081, and at the We have determined that energy beardtongues to the List of Endangered Utah Ecological Services Field Office exploration and development are threats and Threatened Plants under the Act (see FOR FURTHER INFORMATION CONTACT). to both Graham’s and White River and extend the Act’s protections to FOR FURTHER INFORMATION CONTACT: beardtongues. In addition, the these species throughout their ranges. Larry Crist, Field Supervisor, U.S. Fish cumulative impacts of increased energy DATES: We will accept all comments and Wildlife Service, Utah Ecological development, livestock grazing, invasive received or postmarked on or before Services Field Office, 2369 West Orton weeds, small population sizes, and October 7, 2013. Comments submitted Circle, Suite 50, West Valley City, UT climate change are threats to these electronically using the Federal 84119; by telephone at 801–975–3330; species. Therefore, these species qualify eRulemaking Portal (see ADDRESSES or by facsimile at 801–975–3331. for listing under the Act, which can section, below) must be received by Persons who use a telecommunications only be done by issuing a rule. 11:59 p.m. Eastern Time on the closing device for the deaf (TDD) may call the We will seek peer review. We are date. We must receive requests for Federal Information Relay Service seeking comments from knowledgeable public hearings, in writing, at the (FIRS) at 800–877–8339. individuals with scientific expertise to address shown in the FOR FURTHER SUPPLEMENTARY INFORMATION: review our analysis of the best available INFORMATION CONTACT section by science and application of that science September 20, 2013. Executive Summary and to provide any additional scientific ADDRESSES: You may submit comments Why we need to publish a rule. Under information to improve this proposed by one of the following methods: the Endangered Species Act of 1973, as rule. Because we will consider all (1) Electronically: Go to the Federal amended (Act), if a species is comments and information we receive eRulemaking Portal: http:// determined to be an endangered or during the comment period, our final www.regulations.gov. Search for Docket threatened species throughout all or a determinations may differ from this No. FWS–R6–ES–2013–0081, which is significant portion of its range, we are proposal.

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