[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Proposed Rules]
[Pages 62522-62523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19643]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 224 and 226

[Docket No. 230906-0211]
RIN 0648-BL86


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Rice's Whale, Public Hearing and Extension of 
Public Comment Period

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public hearing, extension of comment period.

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SUMMARY: We, NMFS, have rescheduled a public hearing related to the 
proposed rule to designate critical habitat for the Rice's whale under 
the Endangered Species Act (ESA). We are also extending the public 
comment period for this proposed rule to October 6, 2023.

DATES: A virtual public hearing on the proposed rule will be held 
online on September 28, 2023, from 3 p.m. to 5 p.m. (Eastern Daylight 
Time).
    The proposed rule to designate critical habitat for the Rice's 
whale under the ESA was published on July 24, 2023 (88 FR 47453), and 
provided for a public comment period to September 22, 2023. The comment 
period is now extended to October 6, 2023. Comments must be received by 
October 6, 2023. Comments received after this date may not be accepted.

ADDRESSES: The public hearing will be conducted as a virtual meeting, 
and any member of the public can join by internet or phone regardless 
of location. You may join the virtual meeting using a web browser, a 
mobile app on a phone (app installation required), or--to listen only--
using just a phone call, as specified at this link: https://www.fisheries.noaa.gov/species/riceswhale#conservationmanagement.
    You may submit comments verbally at the public hearing. You may 
also submit comments in writing by any of the following methods:
    <bullet> Electronic Submissions: Submit all electronic comments via 
the Federal eRulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2023-0028. Click on the ``Comment'' icon, complete the 
required fields, and enter or attach your comments.
    <bullet> Mail: Submit written comments to Assistant Regional 
Administrator, Protected Resources Division, NMFS, Southeast Regional 
Office, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period 
might not be considered by NMFS. All comments received are a part of 
the public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe portable document format (PDF) formats 
only.
    Details on the virtual public hearing will be made available on our 
website at: https://www.fisheries.noaa.gov/species/riceswhale#conservationmanagement. The Endangered Species Act Critical 
Habitat Report, geographic information system (GIS) data, and maps that 
were prepared to support the development of this proposed rule are 
available on our website at: https://www.fisheries.noaa.gov/species/riceswhale#conservationmanagement. Previous rulemaking documents 
related to the listing of the species can also be obtained 
electronically on our website at: https://www.fisheries.noaa.gov/species/rices-whale#conservationmanagement.

FOR FURTHER INFORMATION CONTACT: Grant Baysinger, NMFS Southeast 
Region, (727) 551-5790; or Lisa Manning, NMFS Office of Protected 
Resources, (301) 427-8466.

SUPPLEMENTARY INFORMATION: On July 24, 2023, NMFS published a proposed 
rule to designate critical habitat for the endangered Rice's whale 
(Balaenoptera ricei) under the ESA (88 FR 47453). In that notice, we 
also announced a 60-day public comment period, two virtual public 
hearings to be held on August 24, 2023 and August 30, 2023, and an 
option to request an additional public hearing made in writing by 
September 7, 2023. On August 24, 2023, we held a virtual public 
hearing. On August 28, 2023, we canceled the public hearing scheduled 
for August 30, 2023, ahead of Hurricane Idalia's expected landfall. We 
have now rescheduled that public hearing to September 28, 2023, from 3 
p.m. to 5 p.m. (Eastern Daylight Time), as described in this notice. To 
accommodate this second public hearing and provide additional time 
needed to submit public comments following the disruptions stemming 
from Hurricane Idalia, we are also extending the public comment period 
to October 6, 2023.

Public Hearing

    The public hearing on September 28, 2023, will be conducted online 
as a virtual meeting, as specified in ADDRESSES above. More detailed 
instructions for joining the virtual meeting are provided on our web 
page (see https://www.fisheries.noaa.gov/species/riceswhale#conservationmanagement). The hearing will begin with a brief 
presentation by NMFS that will give an overview of the proposed 
critical habitat designation under the ESA. After the presentation, 
there will be a question and answer session during which members of the 
public may ask NMFS staff questions about the proposed rule. Following 
the question and answer session, members of the public will have the 
opportunity to provide oral comments on the record regarding the 
proposed rule. In order to

[[Page 62523]]

ensure all participants have an opportunity to speak during the 
hearing, the time allotted for individual oral comments may be limited. 
Therefore, anyone wishing to make an oral statement at the public 
hearing for the record is encouraged to prepare a written copy of their 
comments. All oral comments will be recorded and added to the public 
comment record for this proposed rule.
    Written comments may also be submitted during the public comment 
period as described under DATES and ADDRESSES.

Reasonable Accommodations

    People needing accommodations so that they may attend and 
participate at the public hearing should submit a request for 
reasonable accommodations as soon as possible, and no later than 7 
business days prior to the hearing date, by contacting Grant Baysinger 
(see FOR FURTHER INFORMATION CONTACT).

    Authority: The authority for this action is the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: September 6, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-19643 Filed 9-11-23; 8:45 am]
BILLING CODE 3510-22-P