4884 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 

List of Subjects 

49 CFR Part 80 

Credit, Highways and roads, Loan 

programs—transportation, Mass 

transportation, Railroads. 

49 CFR Part 260 

Loan programs—transportation, 

Railroads. 

The Proposed Rule 

In consideration of the foregoing, the 

Bureau proposes to amend Subtitle B of 

title 49 of the Code of Regulations, to 

read as follows: 

PART 80—CREDIT ASSISTANCE FOR 

SURFACE TRANSPORTATION 

PROJECTS 

■ 1. The authority citation for part 80 is 

amended to read as follows: 

Authority: Secs. 1501 et seq., Pub. L. 105– 

178, 112 Stat. 107, 241, as amended; 23 

U.S.C. 601–611 and 315; 49 CFR 1.48 and 

1.49. 

§ 80.13 [Amended] 

■ 2. In § 80.13: 

■ a. Remove ‘‘five’’ in the introductory 

text of paragraph (a) and replace with 

‘‘three’’. 

■ b. Remove paragraphs (a)(1) and (a)(5) 

and renumber paragraphs (a)(2) through 

(a)(4) as (a)(1) through (a)(3). 

■ 3. Add a new § 80.23 to read as 

follows: 

§ 80.23 Loan terms. 

(a) The interest rate on a secured loan 

will be not less than the rate on United 

States Treasury securities of a similar 

maturity to the maturity of the secured 

loan on the date of the execution of the 

loan agreement, except as provided in 

paragraph (b) of this section and chapter 

6 of title 23 of the United States Code. 

(b) If, on the date of the execution of 

the loan agreement, the United States 

Treasury does not post the rate of 

securities of a similar maturity to the 

maturity of the secured loan, the interest 

rate on any secured loan with both a 

final maturity date that is more than 35 

years after the date of substantial 

completion of the project, and a loan 

term that is more than 40 years, will be 

equal to not less than the rate on thirtyto-forty year Treasury securities plus an 

annual interest rate adjustment. The 

annual interest rate adjustment will be, 

cumulatively: 

(i) 1.4 basis points for each year of the 

loan term after year 40 to, but not 

including, year 51; 

(ii) 0.4 basis points for each year of 

the loan term from year 51 to, but not 

including, year 71; and 

(iii) 0.2 basis points for each year of 

the loan term from year 71 to year 100. 

(c) For purposes of this section, ‘‘loan 

term’’ means the period beginning on 

the date of the execution of the loan 

agreement and ending on the final 

maturity date. 

PART 260—REGULATIONS 

GOVERNING LOANS AND LOAN 

GUARANTEES UNDER THE RAILROAD 

REHABILITATION AND IMPROVEMENT 

FINANCING PROGRAM 

■ 4. The authority citation for part 260 

is amended to read as follows: 

Authority: 49 U.S.C. 22401, 22402, 22403, 

22404, 22405, 22406; 49 CFR 1.49. 

■ 5. Revise § 260.9 to read as follows: 

§ 260.9 Loan terms. 

(a) The interest rate on a direct loan 

will be not less than the rate on United 

States Treasury securities of a similar 

maturity of the direct loan on the date 

of the execution of the loan agreement, 

except as described in paragraph (b) of 

this section and in § 260.17(d). 

(b) If, on the date of the execution of 

the loan agreement, the United States 

Treasury does not post the rate of 

securities of a similar maturity of the 

direct loan, the interest rate on any 

direct loan with both a final maturity 

date that is more than 35 years after the 

date of substantial completion of the 

project, and a loan term that is more 

than 40 years, will be equal to not less 

than the rate on thirty-to-forty year 

Treasury securities plus an annual 

interest rate adjustment. The annual 

interest rate adjustment will be, 

cumulatively: 

(i) 1.4 basis points for each year of the 

loan term after year 40 to, but not 

including, year 51; 

(ii) 0.4 basis points for each year of 

the loan term from year 51 to, but not 

including, year 71; and 

(iii) 0.2 basis points for each year of 

the loan term from year 71 to year 100. 

(c) For purposes of this section, ‘‘loan 

term’’ means the period beginning on 

the date of the execution of the loan 

agreement and ending on the final 

maturity date. 

§ 260.17 [Amended] 

■ 6. Amend § 260.17 by adding 

paragraph (d) to read as follows: 

* * * * * 

(d) Positive Credit Risk Premium. 

(1) Where the Credit Risk Premium 

determined pursuant to paragraph (a) of 

this section is a positive amount, the 

interest rate on the direct loan will be 

equal to not less than the rate set 

pursuant to section 260.9 plus an 

interest rate adjustment sufficient to 

result in a Credit Risk Premium of zero 

dollars. 

(2) Paragraph (d)(1) of this section 

shall apply to a direct loan or loan 

guarantee only so long as the Act 

requires the Secretary to return Credit 

Risk Premiums paid on that loan or loan 

guarantee to the original source. 

(Authority: Pub. L. 117–58, sec. 12001 and 

sec. 21301 (2021); 23 U.S.C. 601–611 and 

315; 49 U.S.C. 22401–22406; and 49 CFR 

121.) 

Peter Paul Montgomery Buttigieg, 

Secretary, Department of Transportation. 

[FR Doc. 2024–01243 Filed 1–24–24; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FF09E21000 FXES1111090FEDR 245] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Findings for 10 

Species 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notification of petition findings 

and initiation of status reviews. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce 90- 

day findings on 10 petitions to add 

species to the Lists of Endangered and 

Threatened Wildlife and Plants under 

the Endangered Species Act of 1973, as 

amended (Act). Based on our review, we 

find that the petitions to list Betta 

hendra, Betta rutilans, Hickory Nut 

Gorge green salamander (Aneides 

caryaensis), pygmy rabbit (Brachylagus 

idahoensis), Railroad Valley toad 

(Anaxyrus nevadensis), Southern Plains 

bumble bee (Bombus fraternus), 

Southwest spring firefly (Bicellonycha 

wickershamorum), white-margined 

penstemon (Penstemon 

albomarginatus), and yellow-spotted 

woodland salamander (Plethodon 

pauleyi) present substantial scientific or 

commercial information indicating that 

the petitioned actions may be 

warranted. Therefore, with the 

publication of this document, we 

announce that we are initiating status 

reviews of these species to determine 

whether the petitioned actions are 

warranted. To ensure that the status 

reviews are comprehensive, we request 

scientific and commercial data and 

other information regarding the species 

and factors that may affect their status. 

Based on the status reviews, we will 

issue 12-month petition findings, which 


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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 4885 

will address whether or not the 

petitioned actions are warranted in 

accordance with the Act. We further 

find that the petition to list the eastern 

hellbender (Cryptobranchus 

alleganiensis alleganiensis) does not 

present substantial information 

indicating the petitioned action may be 

warranted. Therefore, we are not 

initiating a status review of the eastern 

hellbender. 

DATES: These findings were made on 

January 25, 2024. As we commence our 

status reviews, we seek any new 

information concerning the status of, or 

threats to, Betta hendra, Betta rutilans, 

Hickory Nut Gorge green salamander, 

pygmy rabbit, Railroad Valley toad, 

Southern Plains bumble bee, Southwest 

spring firefly, white-margined 

penstemon, and yellow-spotted 

woodland salamander, or their habitats. 

Any information we receive during the 

course of our status reviews will be 

considered. 

ADDRESSES: 

Supporting documents: Summaries of 

the bases for the petition findings 

contained in this document are 

available on https://

www.regulations.gov under the 

appropriate docket number (see tables 

under SUPPLEMENTARY INFORMATION). In 

addition, this supporting information is 

available by contacting the appropriate 

person, as specified in FOR FURTHER

INFORMATION CONTACT. 

Status reviews: If you have new 

scientific or commercial data or other 

information concerning the status of, or 

threats to, Betta hendra, Betta rutilans, 

Hickory Nut Gorge green salamander, 

pygmy rabbit, Railroad Valley toad, 

Southern Plains bumble bee, Southwest 

spring firefly, white-margined 

penstemon, and yellow-spotted 

woodland salamander, or their habitats, 

please provide those data or information 

by one of the following methods listed 

below. For Betta hendra and Betta 

rutilans, we specifically request 

information on information on any trade 

in the species, including evidence of 

trade levels, trends, and patterns, and 

any changes over time. 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter the appropriate docket number 

(see table 1 under SUPPLEMENTARY

INFORMATION). Then, click on the 

‘‘Search’’ button. After finding the 

correct document, you may submit 

information by clicking on ‘‘Comment.’’ 

If your information will fit in the 

provided comment box, please use this 

feature of https://www.regulations.gov, 

as it is most compatible with our 

information review procedures. If you 

attach your information as a separate 

document, our preferred file format is 

Microsoft Word. If you attach multiple 

comments (such as form letters), our 

preferred format is a spreadsheet in 

Microsoft Excel. 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

[Insert appropriate docket number; see 

table 1 under SUPPLEMENTARY

INFORMATION], U.S. Fish and Wildlife 

Service, MS: PRB/3W, 5275 Leesburg 

Pike, Falls Church, VA 22041–3803. 

We request that you send information 

only by the methods described above. 

We will post all information we receive 

on https://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see Information Submitted for a Status 

Review, below). 

FOR FURTHER INFORMATION CONTACT: 

Species common name Contact person 

Betta hendra ................................... Rachel London, Manager, Branch of Delisting and Foreign Species, Ecological Services Headquarters, 

703–358–2491, rachel_london@fws.gov. 

Betta rutilans ................................... Rachel London, Manager, Branch of Delisting and Foreign Species, Ecological Services Headquarters, 

703–358–2491, rachel_london@fws.gov. 

eastern hellbender .......................... Scott Hicks, Acting Field Office Supervisor, Ohio Ecological Services Field Office, 517–352–6274, scott_

hicks@fws.gov. 

Hickory Nut Gorge green salamander.Sue Cameron, Biologist, Asheville North Carolina Field Office, 828–450–7469, susan_cameron@fws.gov. 

pygmy rabbit ................................... Anne Mankowski, Biologist, Reno Fish and Wildlife Office, 775–861–6301, anne_mankowski@fws.gov. 

Railroad Valley toad ........................ Justin Barrett, Acting Field Supervisor, Reno Fish and Wildlife Office, 775–861–6338, justin_barrett@

fws.gov. 

Southern Plains bumble bee .......... Kraig McPeek, Field Supervisor, Illinois/Iowa Ecological Services Field Office, 309–757–5800 x202, kraig_

mcpeek@fws.gov. 

Southwest spring firefly ................... Heather Whitlaw, Field Office Supervisor, Arizona Field Office, 806–773–5932, heather_whitlaw@fws.gov. 

white-margined penstemon ............. Glen Knowles, Field Supervisor, Southern Nevada Fish and Wildlife Office, 702–515–5244, glen_

knowles@fws.gov. 

yellow-spotted woodland salamander.Jennifer Norris, Field Office Supervisor, West Virginia Field Office, 304–704–0655, jennifer_l_norris@

fws.gov. 

Individuals in the United States who 

are deaf, deafblind, hard of hearing, or 

have a speech disability may dial 711 

(TTY, TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Information Submitted for a Status 

Review 

You may submit your comments and 

materials concerning the status of, or 

threats to, Betta hendra, Betta rutilans, 

Hickory Nut Gorge green salamander, 

pygmy rabbit, Railroad Valley toad, 

Southern Plains bumble bee, Southwest 

spring firefly, white-margined 

penstemon, and yellow-spotted 

woodland salamander, or their habitats, 

by one of the methods listed in 

ADDRESSES. We request that you send 

comments only by the methods 

described in ADDRESSES. Please include 

sufficient information with your 

submission (such as scientific journal 

articles or other publications) to allow 

us to verify any scientific or commercial 

information you include. 

If you submit information via https:// 

www.regulations.gov, your entire 

submission—including any personal 

identifying information—will be posted 

on the website. If your submission is 

made via a hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy submissions 

on https://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing these findings, will be 


khammond on DSKJM1Z7X2PROD with PROPOSALS
4886 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 

available for public inspection on 

https://www.regulations.gov. 

Background 

Section 4 of the Act (16 U.S.C. 1533) 

and its implementing regulations in title 

50 of the Code of Federal Regulations 

(50 CFR part 424) set forth the 

procedures for adding species to, 

removing species from, or reclassifying 

species on the Federal Lists of 

Endangered and Threatened Wildlife 

and Plants (Lists or List) in 50 CFR part 

17. Section 4(b)(3)(A) of the Act requires 

that we make a finding on whether a 

petition to add a species to the List (i.e., 

‘‘list’’ a species), remove a species from 

the List (i.e., ‘‘delist’’ a species), or 

change a listed species’ status from 

endangered to threatened or from 

threatened to endangered (i.e., 

‘‘reclassify’’ a species) presents 

substantial scientific or commercial 

information indicating that the 

petitioned action may be warranted. To 

the maximum extent practicable, we are 

to make this finding within 90 days of 

our receipt of the petition and publish 

the finding promptly in the Federal 

Register. 

Our regulations establish that 

substantial scientific or commercial 

information with regard to a 90-day 

petition finding refers to credible 

scientific or commercial information in 

support of the petition’s claims such 

that a reasonable person conducting an 

impartial scientific review would 

conclude that the action proposed in the 

petition may be warranted (50 CFR 

424.14(h)(1)(i)). A positive 90-day 

petition finding does not indicate that 

the petitioned action is warranted; the 

finding indicates only that the 

petitioned action may be warranted and 

that a full review should occur. 

A species may be determined to be an 

endangered species or a threatened 

species because of one or more of the 

five factors described in section 4(a)(1) 

of the Act (16 U.S.C. 1533(a)(1)). The 

five factors are: 

(a) The present or threatened destruction, 

modification, or curtailment of its habitat or 

range (Factor A); 

(b) Overutilization for commercial, 

recreational, scientific, or educational 

purposes (Factor B); 

(c) Disease or predation (Factor C); 

(d) The inadequacy of existing regulatory 

mechanisms (Factor D); and 

(e) Other natural or manmade factors 

affecting its continued existence (Factor E). 

These factors represent broad 

categories of natural or human-caused 

actions or conditions that could have an 

effect on a species’ continued existence. 

In evaluating these actions and 

conditions, we look for those that may 

have a negative effect on individuals of 

the species, as well as other actions or 

conditions that may ameliorate any 

negative effects or may have positive 

effects. 

We use the term ‘‘threat’’ to refer in 

general to actions or conditions that are 

known to, or are reasonably likely to, 

affect individuals of a species 

negatively. The term ‘‘threat’’ includes 

actions or conditions that have a direct 

impact on individuals (direct impacts), 

as well as those that affect individuals 

through alteration of their habitat or 

required resources (stressors). The term 

‘‘threat’’ may encompass—either 

together or separately—the source of the 

action or condition, or the action or 

condition itself. However, the mere 

identification of any threat(s) may not 

be sufficient to compel a finding that the 

information in the petition is substantial 

information indicating that the 

petitioned action may be warranted. The 

information presented in the petition 

must include evidence sufficient to 

suggest that these threats may be 

affecting the species to the point that the 

species may meet the definition of an 

endangered species or threatened 

species under the Act. 

If we find that a petition presents 

such information, our subsequent status 

review will evaluate all identified 

threats by considering the individual-, 

population-, and species-level effects 

and the expected response by the 

species. We will evaluate individual 

threats and their expected effects on the 

species, then analyze the cumulative 

effect of the threats on the species as a 

whole. We also consider the cumulative 

effect of the threats in light of those 

actions and conditions that are expected 

to have positive effects on the species— 

such as any existing regulatory 

mechanisms or conservation efforts that 

may ameliorate threats. It is only after 

conducting this cumulative analysis of 

threats and the actions that may 

ameliorate them, and the expected effect 

on the species now and in the 

foreseeable future, that we can 

determine whether the species meets 

the definition of an endangered species 

or threatened species under the Act. 

If we find that a petition presents 

substantial scientific or commercial 

information indicating that the 

petitioned action may be warranted, the 

Act requires that we promptly 

commence a review of the status of the 

species, and we will subsequently 

complete a status review in accordance 

with our prioritization methodology for 

12-month findings (81 FR 49248; July 

27, 2016). 

We note that designating critical 

habitat is not a petitionable action under 

the Act. Petitions to designate critical 

habitat (for species without existing 

critical habitat) are reviewed under the 

Administrative Procedure Act (5 U.S.C. 

551 et seq.) and are not addressed in 

this finding (see 50 CFR 424.14(j)). To 

the maximum extent prudent and 

determinable, any proposed critical 

habitat will be addressed concurrently 

with a proposed rule to list a species, if 

applicable. 

Summaries of Petition Findings 

The petition findings contained in 

this document are listed in the tables 

below, and the basis for each finding, 

along with supporting information, is 

available on https://

www.regulations.gov under the 

appropriate docket number. 

TABLE 1—INTERNET SEARCH INFORMATION FOR SUBSTANTIAL FINDINGS FOR NINE SPECIES

Common name Docket No. URL to Docket on https://www.regulations.gov 

Betta hendra .................................... FWS–HQ–ES–2023–0152 ............. https://www.regulations.gov/FWS-HQ-ES-2023-0152. 

Betta rutilans ................................... FWS–HQ–ES–2023–0153 ............. https://www.regulations.gov/FWS-HQ-ES-2023-0153. 

Hickory Nut Gorge green salamander.FWS–R4–ES–2023–0139 ............. https://www.regulations.gov/FWS-R4-ES-2023-0139. 

Pygmy rabbit ................................... FWS–R8–ES–2023–0146 ............. https://www.regulations.gov/FWS-R8-ES-2023-0146. 

Railroad Valley toad ........................ FWS–R8–ES–2023–0142 ............. https://www.regulations.gov/FWS-R8-ES-2023-0142. 

Southern Plains bumble bee ........... FWS–R3–ES–2023–0137 ............. https://www.regulations.gov/FWS-R3-ES-2023-0137. 

Southwest spring firefly ................... FWS–R2–ES–2023–0136 ............. https://www.regulations.gov/FWS-R2-ES-2023-0136. 

White-margined penstemon ............ FWS–R8–ES–2023–0141 ............. https://www.regulations.gov/FWS-R8-ES-2023-0141. 

Yellow-spotted woodland salamander.FWS–R5–ES–2023–0140 ............. https://www.regulations.gov/FWS-R5-ES-2023-0140. 


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TABLE 2—INTERNET SEARCH INFORMATION FOR NOT-SUBSTANTIAL FINDING FOR EASTERN HELLBENDER

Docket No. URL to Docket on https://www.regulations.gov 

FWS–R3–ES–2023–0138 ............... https://www.regulations.gov/FWS-R3-ES-2023-0138. 

Evaluation of a Petition To List Betta 

Hendra 

Species and Range 

Betta hendra; Central Kalimantan, 

Borneo, Indonesia. 

Petition History 

On July 6, 2023, we received a 

petition dated July 5, 2023, from the 

Center for Biological Diversity and 

Monitor Conservation Research Society, 

requesting that Betta hendra, a fish 

species, be emergency listed as a 

threatened species or an endangered 

species under the Act. The petition 

clearly identified itself as such and 

included the requisite identification 

information for the petitioner, required 

at 50 CFR 424.14(c). Listing a species on 

an emergency basis is not a petitionable 

action under the Act, and the question 

of when to list on an emergency basis 

is left to the discretion of the Service. If 

the Service determines that the standard 

for emergency listing in section 4(b)(7) 

of the Act is met, the Service may 

exercise that discretion to take an 

emergency listing action at any time. 

Therefore, we are considering the July 5, 

2023, petition as a petition to list the 

Betta hendra. This finding addresses the 

petition. 

Finding 

We reviewed the petition, sources 

cited in the petition, and other readily 

available information (within the 

constraints of the Act and 50 CFR 

424.14(h)(1)). We considered the 

credible information that the petition 

provided regarding effects of the threats 

that fall within factors under the Act’s 

section 4(a)(1) as potentially 

ameliorated or exacerbated by any 

existing regulatory mechanisms or 

conservation efforts. Based on our 

review of the petition and readily 

available information regarding habitat 

loss and degradation (Factor A), we find 

that the petition presents substantial 

scientific or commercial information 

indicating that listing B. hendra as a 

threatened species or an endangered 

species may be warranted. The 

petitioners also presented information 

suggesting overutilization for 

commercial and recreational purposes 

(Factor B) and climate change (Factor E) 

may be threats to B. hendra. We will 

fully evaluate these potential threats 

during our 12-month status review, 

pursuant to the Act’s requirement to 

review the best scientific and 

commercial information available when 

making that finding. 

The basis for our finding on this 

petition and other information regarding 

our review of the petition can be found 

at https://www.regulations.gov under 

Docket No. FWS–HQ–ES–2023–0152 

under the Supporting Documents 

section. 

Evaluation of a Petition To List Betta 

Rutilans 

Species and Range 

Betta rutilans; Kalimantan Barat (West 

Kalimantan), Borneo, Indonesia. 

Petition History 

On July 6, 2023, we received a 

petition dated July 5, 2023, from the 

Center for Biological Diversity and 

Monitor Conservation Research Society, 

requesting that Betta rutilans, a fish 

species, be emergency listed as a 

threatened species or an endangered 

species under the Act. The petition 

clearly identified itself as such and 

included the requisite identification 

information for the petitioner, required 

at 50 CFR 424.14(c). Listing a species on 

an emergency basis is not a petitionable 

action under the Act, and the question 

of when to list on an emergency basis 

is left to the discretion of the Service. If 

the Service determines that the standard 

for emergency listing in section 4(b)(7) 

of the Act is met, the Service may 

exercise that discretion to take an 

emergency listing action at any time. 

Therefore, we are considering the July 5, 

2023, petition as a petition to list Betta 

rutilans. This finding addresses the 

petition. 

Finding 

We reviewed the petition, sources 

cited in the petition, and other readily 

available information (within the 

constraints of the Act and 50 CFR 

424.14(h)(1)). We considered the 

credible information that the petition 

provided regarding effects of the threats 

that fall within factors under the Act’s 

section 4(a)(1) as potentially 

ameliorated or exacerbated by any 

existing regulatory mechanisms or 

conservation efforts. Based on our 

review of the petition and readily 

available information regarding habitat 

loss and degradation (Factor A), we find 

that the petition presents substantial 

scientific or commercial information 

indicating that listing B. rutilans as a 

threatened species or an endangered 

species may be warranted. The 

petitioners also presented information 

suggesting overutilization for 

commercial and recreational purposes 

(Factor B) and climate change (Factor E) 

may be threats to B. rutilans. We will 

fully evaluate these potential threats 

during our 12-month status review, 

pursuant to the Act’s requirement to 

review the best scientific and 

commercial information available when 

making that finding. 

The basis for our finding on this 

petition and other information regarding 

our review of the petition can be found 

at https://www.regulations.gov under 

Docket No. FWS–HQ–ES–2023–0153 

under the Supporting Documents 

section. 

Evaluation of a Petition To List the 

Hickory Nut Gorge Green Salamander 

Species and Range 

Hickory Nut Gorge green salamander 

(Aneides caryaensis); North Carolina. 

Petition History 

On July 13, 2022, we received a 

petition from the Center for Biological 

Diversity and Defenders of Wildlife 

requesting that the Hickory Nut Gorge 

green salamander (Aneides caryaensis) 

be listed as a threatened species or an 

endangered species and critical habitat 

be designated for this species under the 

Act. The petition clearly identified itself 

as such and included the requisite 

identification information for the 

petitioner, required at 50 CFR 424.14(c). 

This finding addresses the petition. 

Finding 

We reviewed the petition, sources 

cited in the petition, and other readily 

available information. We considered 

the credible information that the 

petition provided regarding effects of 

the threats that fall within factors under 

the Act’s section 4(a)(1) as potentially 

ameliorated or exacerbated by any 

existing regulatory mechanisms or 

conservation efforts. Based on our 

review of the petition and readily 

available information regarding 

development, including recreation and 

roads (Factor A), we find that the 

petition presents substantial scientific 


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or commercial information indicating 

that listing the Hickory Nut Gorge green 

salamander as a threatened species or 

endangered species may be warranted. 

The petitioners also presented 

information suggesting that logging, 

hemlock loss, invasive plant species, 

overutilization, disease, climate change, 

pollution, severe weather, catastrophic 

events, and the effects of small, isolated 

populations are threats to the Hickory 

Nut Gorge green salamander. We will 

fully evaluate these potential threats 

during our 12-month status review, 

pursuant to the Act’s requirement to 

review the best scientific and 

commercial information available when 

making that finding. 

The basis for our finding on this 

petition and other information regarding 

our review of the petition can be found 

at https://www.regulations.gov under 

Docket No. FWS–R4–ES–2023–0139 

under the Supporting Documents 

section. 

Evaluation of a Petition To List the 

Pygmy Rabbit 

Species and Range 

Pygmy rabbit (Brachylagus 

idahoensis); California, Colorado, Idaho, 

Montana, Nevada, Oregon, Utah, 

Wyoming, and the Columbia Basin 

Distinct Population Segment (DPS) in 

Washington State. 

Petition History 

On March 6, 2023, we received a 

petition from the Western Watersheds 

Project, Center for Biological Diversity, 

WildEarth Guardians, and the Defenders 

of Wildlife requesting that the pygmy 

rabbit (Brachylagus idahoensis) be listed 

as a threatened species or an 

endangered species and critical habitat 

be designated for this species under the 

Act. The petition clearly identified itself 

as such and included the requisite 

identification information for the 

petitioner, required at 50 CFR 424.14(c). 

This finding addresses the petition. 

Finding 

We reviewed the petition, sources 

cited in the petition, our 2010 not 

warranted 12-month finding (75 FR 

60516; September 30, 2010), and other 

readily available information. The 

Columbia basin DPS of the pygmy rabbit 

has been listed as endangered since 

2003. We considered the credible 

information that the petition provided 

regarding effects of the threats that fall 

within factors under the Act’s section 

4(a)(1) as potentially ameliorated or 

exacerbated by any existing regulatory 

mechanisms or conservation efforts. 

Based on our review of the petition and 

readily available information regarding 

the compound effects of fire, cheatgrass, 

and climate change (Factors A and E), 

we find that the petition presents 

substantial scientific or commercial 

information indicating that listing the 

pygmy rabbit rangewide, as a threatened 

species or an endangered species, may 

be warranted. The petitioners also 

presented information suggesting 

livestock grazing, oil and gas 

development, and disease may be 

threats to the pygmy rabbit. We will 

fully evaluate these potential threats 

during our 12-month status review, 

pursuant to the Act’s requirement to 

review the best scientific and 

commercial information available when 

making that finding. 

The basis for our finding on this 

petition and other information regarding 

our review of the petition can be found 

at https://www.regulations.gov under 

Docket No. FWS–R8–ES–2023–0146 

under the Supporting Documents 

section. 

Evaluation of a Petition To List the 

Railroad Valley Toad 

Species and Range 

Railroad Valley toad (Anaxyrus 

nevadensis); Nye County, Nevada. 

Petition History 

On May 5, 2022, we received a 

petition from the Center for Biological 

Diversity requesting that the Railroad 

Valley toad (Anaxyrus nevadensis) be 

listed as a threatened species or an 

endangered species and critical habitat 

be designated for this species under the 

Act. The petition clearly identified itself 

as such and included the requisite 

identification information for the 

petitioner, required at 50 CFR 424.14(c). 

This finding addresses the petition. 

Finding 

We reviewed the petition, sources 

cited in the petition, and other readily 

available information. We considered 

the credible information that the 

petition provided regarding effects of 

the threats that fall within factors under 

the Act’s section 4(a)(1) as potentially 

ameliorated or exacerbated by any 

existing regulatory mechanisms or 

conservation efforts. Based on our 

review of the petition and readily 

available information regarding oil and 

gas extraction via hydraulic fracturing 

(Factor A) and lithium production 

(Factor A), we find that the petition 

presents substantial scientific or 

commercial information indicating that 

listing the Railroad Valley toad as a 

threatened species or an endangered 

species may be warranted. The 

petitioners also presented information 

suggesting livestock grazing, 

infrastructure, mining, disease, 

nonnative vegetation, climate change, 

and stochastic events may be threats to 

the Railroad Valley toad. We will fully 

evaluate these potential threats during 

our 12-month status review, pursuant to 

the Act’s requirement to review the best 

scientific and commercial information 

available when making that finding. 

The basis for our finding on this 

petition and other information regarding 

our review of the petition can be found 

at https://www.regulations.gov under 

Docket No. FWS–R8–ES–2023–0142 

under the Supporting Documents 

section. 

Evaluation of a Petition To List the 

Southern Plains Bumble Bee 

Species and Range 

Southern Plains bumble bee (Bombus 

fraternus); Alabama, Arkansas, 

Colorado, Florida, Georgia, Illinois, 

Iowa, Kansas, Kentucky, Louisiana, 

Mississippi, Missouri, Nebraska, New 

Mexico, California, North Dakota, Ohio, 

Oklahoma, South Carolina, South 

Dakota, Tennessee, Texas, Virginia, 

Wyoming. 

Petition History 

On July 27, 2022, we received a 

petition from the Center for Biological 

Diversity requesting that the Southern 

Plains bumble bee (Bombus fraternus) 

be listed as an endangered species and 

critical habitat be designated for this 

species under the Act. The petition 

clearly identified itself as such and 

included the requisite identification 

information for the petitioner, required 

at 50 CFR 424.14(c). This finding 

addresses the petition. 

Finding 

We reviewed the petition, sources 

cited in the petition, and other readily 

available information. We considered 

the credible information that the 

petition provided regarding effects of 

the threats that fall within factors under 

the Act’s section 4(a)(1) as potentially 

ameliorated or exacerbated by any 

existing regulatory mechanisms or 

conservation efforts. Based on our 

review of the petition and readily 

available information regarding 

agriculture practices (Factor A) and 

pesticide use (Factor E), we find that the 

petition presents substantial scientific 

or commercial information indicating 

that listing the Southern Plains bumble 

bee as a threatened species or 

endangered species may be warranted. 

The petitioners also presented 

information suggesting nonnative 


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invasive species encroachment, grazing, 

honey bees, changes to fire regimes, 

disease, inadequacy of existing 

regulatory mechanisms, climate change, 

and the effects of small populations may 

be threats to the Southern Plains bumble 

bee. We will fully evaluate these 

potential threats during our 12-month 

status review, pursuant to the Act’s 

requirement to review the best scientific 

and commercial information available 

when making that finding. 

The basis for our finding on this 

petition and other information regarding 

our review of the petition can be found 

at https://www.regulations.gov under 

Docket No. FWS–R3–ES–2023–0137 

under the Supporting Documents 

section. 

Evaluation of a Petition To List the 

Southwest Spring Firefly 

Species and Range 

Southwest spring firefly (Bicellonycha 

wickershamorum); Arizona and New 

Mexico (United States), Sonora 

(Mexico). 

Petition History 

On March 30, 2023, we received a 

petition from The Xerces Society for 

Invertebrate Conservation and the New 

Mexico BioPark Society requesting that 

the Southwest spring firefly 

(Bicellonycha wickershamorum) be 

listed as an endangered species and 

critical habitat be designated for this 

species under the Act. The petition 

clearly identified itself as such and 

included the requisite identification 

information for the petitioner, required 

at 50 CFR 424.14(c). This finding 

addresses the petition. 

Finding 

We reviewed the petition, sources 

cited in the petition, and other readily 

available information. We considered 

the credible information that the 

petition provided regarding effects of 

the threats that fall within factors under 

the Act’s section 4(a)(1) as potentially 

ameliorated or exacerbated by any 

existing regulatory mechanisms or 

conservation efforts. Based on our 

review of the petition and readily 

available information regarding loss and 

degradation of wetland habitats (Factor 

A), livestock grazing (Factor A), mining 

(Factor A), climate change (Factor E), 

and light pollution (Factor E), we find 

that the petition presents substantial 

scientific or commercial information 

indicating that listing the Southwest 

spring firefly as an endangered species 

may be warranted. We will fully 

evaluate these potential threats during 

our 12-month status review, pursuant to 

the Act’s requirement to review the best 

scientific and commercial information 

available when making that finding. 

The basis for our finding on this 

petition, and other information 

regarding our review of the petition, can 

be found at https://www.regulations.gov 

under Docket No. FWS–R2–ES–2023– 

0136 under the Supporting Documents 

section. 

Evaluation of a Petition To List the 

White-Margined Penstemon 

Species and Range 

White-margined penstemon 

(Penstemon albomarginatus); Mohave 

County, Arizona; Nye and Clark 

Counties, Nevada; San Bernadino 

County, California. 

Petition History 

On March 16, 2023, we received a 

petition from the Center for Biological 

Diversity requesting that whitemargined penstemon (Penstemon 

albomarginatus) be listed as a 

threatened species or an endangered 

species and critical habitat be 

designated for this species under the 

Act. The petition clearly identified itself 

as such and included the requisite 

identification information for the 

petitioner, required at 50 CFR 424.14(c). 

This finding addresses the petition. 

Finding 

We reviewed the petition, sources 

cited in the petition, and other readily 

available information. We considered 

the credible information that the 

petition provided regarding effects of 

the threats that fall within factors under 

the Act’s section 4(a)(1) as potentially 

ameliorated or exacerbated by any 

existing regulatory mechanisms or 

conservation efforts. Based on our 

review of the petition, sources cited in 

the petition, and readily available 

information regarding habitat loss and 

degradation due to land development 

and off-highway vehicle use (Factor A) 

and effects of climate change (Factor E), 

we find that the petition presents 

substantial scientific or commercial 

information indicating that listing the 

white-margined penstemon as a 

threatened species or endangered 

species may be warranted. The 

petitioners also presented information 

suggesting cattle grazing (Factor A), 

insect and mammalian predation (Factor 

C), invasive plant species (Factor E), and 

pollinator limitation (Factor E) may be 

threats to the white-margined 

penstemon. We will fully evaluate these 

potential threats during our 12-month 

status review, pursuant to the Act’s 

requirement to review the best scientific 

and commercial information available 

when making that finding. 

The basis for our finding on this 

petition, and other information 

regarding our review of the petition, can 

be found at https://www.regulations.gov 

under Docket No. FWS–R8–ES–2023– 

0141 under the Supporting Documents 

section. 

Evaluation of a Petition To List the 

Yellow-Spotted Woodland Salamander 

Species and Range 

Yellow-spotted woodland salamander 

(Plethodon pauleyi); West Virginia, 

Virginia, Kentucky, and Tennessee; 

range extends from the New River Gorge 

in West Virginia to Pine Mountain along 

the Kentucky and Tennessee border. 

Petition History 

On August 24, 2022, we received a 

petition from the Center for Biological 

Diversity, Appalachian Mountain 

Advocates, Appalachian Voices, 

Citizens Coal Council, The Clinch 

Coalition, Coal River Mountain Watch, 

Dogwood Alliance, Forest Keeper, 

Heartwood, Kentucky Heartwood, and 

Kentucky Waterways Alliance 

requesting that yellow-spotted 

woodland salamander (Plethodon 

pauleyi) be listed as a threatened 

species or an endangered species and 

critical habitat be designated for this 

species under the Act. The petition 

clearly identified itself as such and 

included the requisite identification 

information for the petitioner, required 

at 50 CFR 424.14(c). This finding 

addresses the petition. 

Finding 

We reviewed the petition, sources 

cited in the petition, and other readily 

available information. We considered 

the credible information that the 

petition provided regarding effects of 

the threats that fall within factors under 

section 4(a)(1) as potentially 

ameliorated or exacerbated by any 

existing regulatory mechanisms or 

conservation efforts. Based on our 

review of the petition and readily 

available information regarding mining 

operations (Factor A), land clearing 

(Factor A) and climate change (Factor 

E), we find that the petition presents 

substantial scientific or commercial 

information indicating that listing the 

yellow-spotted woodland salamander as 

a threatened species or an endangered 

species may be warranted. The 

petitioners also presented information 

suggesting that collection, predation, 

disease, invasive species, pollution, and 

recreation may be threats to the yellowspotted woodland salamander. We will 


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4890 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 

fully evaluate these potential threats 

during our 12-month status review, 

pursuant to the Act’s requirement to 

review the best scientific and 

commercial information available when 

making that finding. 

The basis for our finding on this 

petition and other information regarding 

our review of the petition can be found 

at https://www.regulations.gov under 

Docket No. FWS–R5–ES–2023–0140 

under the Supporting Documents 

section. 

Evaluation of a Petition To List the 

Eastern Hellbender 

Species and Range 

Eastern hellbender (Cryptobranchus 

alleganiensis alleganiensis); 

Northeastern Mississippi, northern 

Alabama, northern Georgia, Tennessee, 

western North Carolina, western 

Virginia, West Virginia, Kentucky, 

southern Illinois, southern Indiana, 

Ohio, Pennsylvania, western Maryland, 

and southern New York, with disjunct 

populations occurring in east-central 

Missouri. 

Petition History 

On March 31, 2022, we received a 

petition from Jenna M. Hauck requesting 

that the eastern hellbender 

(Cryptobranchus alleganiensis 

alleganiensis) be listed as a threatened 

species under the Act. The petition 

clearly identified itself as such and 

included the requisite identification 

information for the petitioner, required 

at 50 CFR 424.14(c). This finding 

addresses the petition. 

Finding 

We reviewed the petition, sources 

cited in the petition, and other readily 

available information (within the 

constraints of the Act and 50 CFR 

424.14(h)(1)). We considered the 

credible information that the petition 

provided regarding the individual and 

cumulative effects of threats that fall 

within factors under the Act’s section 

4(a)(1) as potentially ameliorated or 

exacerbated by any existing regulatory 

mechanisms or conservation efforts. 

Based on our review of the petition, 

sources cited in the petition, and other 

readily available information, we find 

that the petition does not provide 

substantial scientific or commercial 

information indicating that listing the 

eastern hellbender as a threatened 

species may be warranted. All of the 

information provided by the petitioner 

was already considered in our 2019 12- 

month finding for the species in which 

we determined that listing is not 

warranted (84 FR 13223; April 4, 2019). 

We are not initiating a status review of 

this species in response to this petition. 

However, we ask that the public submit 

to us any new information that becomes 

available concerning the status of, or 

threats to, this species or its habitat at 

any time (see FOR FURTHER INFORMATION

CONTACT, above). 

The basis for our finding on this 

petition, and other information 

regarding our review of the petition can 

be found at https://www.regulations.gov 

under Docket No. FWS–R3–ES–2023– 

0138 under the Supporting Documents 

section. 

Conclusion 

On the basis of our evaluation of the 

information presented in the petitions 

under sections 4(b)(3)(A) of the Act, we 

have determined that the petitions 

summarized above for Betta hendra, 

Betta rutilans, the Hickory Nut Gorge 

green salamander, pygmy rabbit, 

Railroad Valley toad, Southern Plains 

bumble bee, Southwest spring firefly, 

white-margined penstemon, and yellowspotted woodland salamander present 

substantial scientific or commercial 

information indicating that the 

petitioned actions may be warranted. 

We are, therefore, initiating status 

reviews of these species to determine 

whether the actions are warranted under 

the Act. At the conclusion of the status 

reviews, we will issue findings, in 

accordance with section 4(b)(3)(B) of the 

Act, as to whether the petitioned actions 

are not warranted, warranted, or 

warranted but precluded by pending 

proposals to determine whether any 

species is an endangered species or a 

threatened species. In addition, we have 

determined that the petition 

summarized above for the eastern 

hellbender does not present substantial 

scientific or commercial information 

indicating that the petitioned action 

may be warranted. We are, therefore, not 

initiating a status review for the eastern 

hellbender in response to the petition. 

Authors 

The primary authors of this document 

are staff members of the Ecological 

Services Program, U.S. Fish and 

Wildlife Service. 

Authority 

The authority for these actions is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2024–01454 Filed 1–24–24; 8:45 am] 

BILLING CODE 4333–15–P 


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