Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations 18087 (d) Performance standard for seat deterioration exceptions to all ADDRESSES: Comments and materials automated inspection measurement persons designated as fully qualified received, as well as supporting system. The automated inspection under § 213.7 and whose territories are documentation used in the preparation measurement system must be capable of subject to the requirements of § 213.234. of this final rule, are available for public measuring and processing rail seat At a minimum, the training shall inspection, by appointment, during deterioration requirements that specify address the following: normal business hours at the Panama the following: (1) Interpretation and handling of the City Field Office, U.S. Fish and Wildlife (1) An accuracy, to within 1⁄8 of an exception reports generated by the Service, 1601 Balboa Avenue, Panama inch; automated inspection measurement City, FL 32405. (2) A distance-based sampling system; You may obtain copies of this final interval, which shall not exceed five (2) Locating and verifying exceptions rule from the address above, by calling feet; and in the field and required remedial 850/769–0552, or at the Federal (3) Calibration procedures and action; and eRulemaking Portal: http:// parameters assigned to the system, (3) Recordkeeping requirements. www.regulations.gov. which assure that measured and Issued in Washington, DC, on March 24, FOR FURTHER INFORMATION CONTACT: Don recorded values accurately represent rail 2011. Imm, Field Supervisor, at the Panama seat deterioration. City Field Office (see ADDRESSES) (e) Exception reports to be produced Joseph C. Szabo, (telephone 850/769–0552; facsimile by system; duty to field-verify Administrator. 850/763–2177). Individuals who are exceptions. The automated inspection [FR Doc. 2011–7666 Filed 3–31–11; 8:45 am] hearing-impaired or speech-impaired measurement system shall produce an BILLING CODE 4910–06–P may call the Federal Information Relay exception report containing a systematic Service at 800/877–8339 for TTY listing of all exceptions to assistance 24 hours a day, 7 days a § 213.109(d)(4), identified so that an DEPARTMENT OF THE INTERIOR week. appropriate person(s) designated as fully qualified under § 213.7 can field- Fish and Wildlife Service SUPPLEMENTARY INFORMATION: verify each exception. Previous Federal Actions (1) Each exception must be located 50 CFR Part 17 and field-verified no later than 48 hours We proposed listing the Okaloosa [Docket No. FWS–R4–ES–2008–0071; darter as endangered on January 15, after the automated inspection. 92220–1113–0000–C6] (2) All field-verified exceptions are 1973 (38 FR 1521) and listed the species subject to all the requirements of this RIN 1018—AW95 as endangered under the Act (16 U.S.C. part. 1531 et seq.) on June 4, 1973 (38 FR (f) Recordkeeping requirements. The Endangered and Threatened Wildlife 14678) due to its extremely limited track owner shall maintain and make and Plants; Reclassification of the range, habitat degradation, and apparent available to FRA a record of the Okaloosa Darter From Endangered to competition from a possibly introduced inspection data and the exception Threatened and Special Rule related species, the brown darter. We record for the track inspected in completed a recovery plan for the AGENCY: Fish and Wildlife Service, accordance with this paragraph for a species on October 23, 1981, and a Interior. minimum of two years. The exception revised recovery plan on October 26, reports must include the following: ACTION: Final rule. 1998. (1) Date and location of limits of the On June 21, 2005, we provided notice SUMMARY: We, the U.S. Fish and inspection; in the Federal Register that we were Wildlife Service (Service), are (2) Type and location of each initiating a 5-year status review under reclassifying the Okaloosa darter exception; the Act for the Okaloosa darter (70 FR (3) Results of field verification; and (Etheostoma okaloosae) from 35689).The 5-year status review was (4) Remedial action if required. endangered to threatened under the completed in July 2007, and is available (g) Procedures for integrity of data. authority of the Endangered Species Act on our Web site at http://www.fws.gov/ The track owner shall institute the of 1973, as amended (Act). The southeast/5yearReviews/5yearreviews/ necessary procedures for maintaining endangered designation no longer okaloosa_darterfinal.pdf. the integrity of the data collected by the correctly reflects the current status of On February 2, 2010, we published a measurement system. At a minimum, this fish due to a substantial proposed rule to reclassify the Okaloosa the track owner shall do the following: improvement in the species’ status. This darter from endangered to threatened (1) Maintain and make available to action is based on a thorough review of and a proposed special rule under FRA documented calibration procedures the best available scientific and section 4(d) of the Act (75 FR 5263). We of the measurement system that, at a commercial data, which indicate a requested that all interested parties minimum, specify an instrument substantial reduction in threats to the submit comments and information verification procedure that ensures species, a significant habitat restoration concerning the proposed reclassification correlation between measurements in most of the species’ range, and a of the Okaloosa darter. We provided made on the ground and those recorded stable or increasing trend of darters in notification of the publication of the by the instrumentation; and all darter stream systems. We also proposed rule through e-mail, facsimile, (2) Maintain each instrument used for establish a special rule under section telephone calls, letters, and news determining compliance with this 4(d) of the Act. This special rule allows releases sent to the appropriate Federal, section such that it accurately measures Eglin Air Force Base to continue State, and local agencies; county the depth of rail seat deterioration in activities with a reduced regulatory governments; elected officials; media accordance with paragraph (d)(1) of this burden and will provide a net benefit to outlets; local jurisdictions; scientific section. the Okaloosa darter. organizations; interest groups; and other (h) Training. The track owner shall DATES: This final rule is effective May 2, interested parties. We also posted the provide annual training in handling rail 2011. proposed rule on the Service’s Panama VerDate Mar<15>2010 16:52 Mar 31, 2011 Jkt 223001 PO 00000 Frm 00087 Fmt 4700 Sfmt 4700 E:\FR\FM\01APR1.SGM 01APR1 jlentini on DSKJ8SOYB1PROD with RULES 18088 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations City Field Office Internet Web site (pondweed), Eleocharis sp. (spikerush), the species be removed from the list; following the rule’s publication. We and other aquatic and emergent plants. and accepted public comments on the Okaloosa darters typically inhabit the (3) Estimates of the time required and proposed rule for 60 days, ending April margins of moderate- to fast-flowing cost to carry out the plan. 5, 2010. streams where detritus, root mats, and However, revisions to the list (adding, removing, or reclassifying a species) Background vegetation are present. Historic densities averaged about two darters per meter must reflect determinations made in The Okaloosa darter, Etheostoma (3.28 feet) of stream length while more accordance with sections 4(a)(1) and okaloosae, is a member of the family recent abundance estimates show an 4(b) of the Act. Section 4(a)(1) requires Percidae. It is a small, perch-like fish increase to an average of 2.9 darters per that the Secretary determine whether a (maximum size is 49 millimeters (mm) meter (Jordan and Jelks 2004, p. 3; species is endangered or threatened (or (1.93 inches (in.)) Standard Length) that USAF 2006, p. 3–1). They are only not) because of one or more of five is characterized by a well-developed rarely collected in areas where there is threat factors. Therefore, recovery humeral spot, a series of five to eight no current or in open sandy areas in the criteria must indicate when a species is rows of small spots along the sides of middle of the stream channel. The no longer endangered or threatened by the body, and the first anal spine being creeks with Okaloosa darters are any of the five factors. In other words, longer than the second. General body generally shaded over most of their objective, measurable criteria, or coloration varies from red-brown to courses, with temperatures ranging from recovery criteria contained in recovery green-yellow dorsally, and lighter 7 to 22 degrees Celsius (°C) (44 to 72 plans, must indicate when we would ventrally, although breeding males have degrees Fahrenheit (°F)) in the winter anticipate an analysis of the five threat a bright orange submarginal stripe on (Tate 2008, pers. comm.; Jelks 2010, factors under 4(a)(1) would result in a the first dorsal fin (Burkhead et al. 1992, pers. comm.) to 22 to 29 °C (72 to 84 °F) determination that a species is no longer p. 23). in the summer (Mettee and Crittenden endangered or threatened. Section 4(b) The endemic Okaloosa darter is 1977, p. 5; Jelks 2010, pers. comm). of the Act requires the determination known to occur in only six clear stream made be ‘‘solely on the basis of the best Okaloosa darters feed primarily on fly systems that drain into two scientific and commercial data larvae (Diptera sp.), mayfly nymphs Choctawhatchee Bay bayous in Walton available.’’ and Okaloosa Counties in northwest (Ephemeroptera sp.), and caddis fly Thus, while recovery plans are Florida. Okaloosa darters are currently (Trichoptera sp.) larvae (Ogilvie 1980, intended to provide guidance to the found in the tributaries and the main as referenced in Burkhead et al.