Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 15143 

List of Subjects in 49 CFR Part 214 

Occupational safety and health, 

Railroad safety. 

The Rule 

For the reasons discussed in the 

preamble, FRA amends part 214 of 

chapter II, subtitle B of title 49, Code of 

Federal Regulations, as follows: 

PART 214—RAILROAD WORKPLACE 

SAFETY 

■ 1. The authority citation for part 214 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20103, 20107, 

21301–21302, 21304, 28 U.S.C. 2461, note; 

and 49 CFR 1.89. 

■ 2. Amend § 214.322 by adding 

paragraph (i) to read as follows: 

§ 214.322 Exclusive track occupancy, 

electronic display. 

* * * * * 

(i) For purposes of complying with 

paragraph (h) of this section, electronic 

display systems may use multi-factor 

authentication for digital authentication 

of the subject. 

■ 3. Amend § 214.505 by revising the 

introductory text of paragraph (a) and 

adding paragraph (i) to read as follows: 

§ 214.505 Required environmental control 

and protection systems for new on-track 

roadway maintenance machines with 

enclosed cabs. 

(a) With the exception of machines 

subject to paragraph (i) of this section, 

the following new on-track roadway 

maintenance machines shall be 

equipped with operative heating 

systems, operative air conditioning 

systems, and operative positive 

pressurized ventilation systems: 

* * * * * 

(i) Paragraph (a) of this section is not 

applicable to machines that are 

incapable of performing work functions 

other than by remote operation and are 

equipped with no operating controls 

(i.e., remotely operated roadway 

maintenance machines) if the following 

conditions are met. 

(1) If a remotely operated roadway 

maintenance machine is operated from 

the cab of a separate machine, that 

separate machine must comply with 

paragraph (a) of this section. 

(2) If a remotely operated roadway 

maintenance machine is operated 

outside of the main cab of the separate 

machine in a manner that will expose 

the operator to air contaminants, as 

outlined in 29 CFR 1910.1000, the 

employee shall be protected in 

compliance with 29 CFR 1910.134. 

(3) No person is permitted on the 

remotely operated roadway 

maintenance machine while the 

equipment is operating. 

(4) Each remotely operated roadway 

maintenance machine must be clearly 

identified by stenciling, marking, or 

other written notice in a conspicuous 

location on the machine indicating the 

potential hazards of the machine being 

operated from a distance or that the 

machine may move automatically. 

Issued in Washington, DC. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2022–05625 Filed 3–16–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R3–ES–2022–0006; 

FXES11130300000–223–FF03E00000] 

1018–BE37 

Endangered and Threatened Wildlife 

and Plants; Technical Corrections for 

Four Midwest Mussel Species 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Direct final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the revised 

taxonomy of four species of mussels 

under the Endangered Species Act of 

1973, as amended (Act). We are revising 

the List of Endangered and Threatened 

Wildlife and related regulations under 

the Act to reflect the scientifically 

accepted taxonomy and nomenclature of 

these species. 

DATES: This rule is effective June 15, 

2022 without further action, unless 

significant adverse comment is received 

by April 18, 2022. If significant adverse 

comment is received, we will publish a 

timely withdrawal of the rule for the 

appropriate species in the Federal 

Register. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R3–ES–2022–0006, which is 

the docket number for this rulemaking. 

Then, click on the Search button. On the 

resulting page, in the Search panel on 

the left side of the screen, under the 

Document Type heading, click on the 

Proposed Rule box to locate this 

document. You may submit a comment 

by clicking on ‘‘Comment.’’ 

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

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R3–ES–2022– 

0006, U.S. Fish and Wildlife Service, 

MS: PRB/3W, 5275 Leesburg Pike, Falls 

Church, VA 22041–3803. 

See Public Comments under 

SUPPLEMENTARY INFORMATION, below, for 

more information about submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Laura Ragan, Midwest Regional 

Recovery Coordinator, U.S. Fish and 

Wildlife Service, Midwest Regional 

Office, 5600 American Boulevard West, 

Suite 990, Bloomington, MN 55437; 

telephone 612–713–5157; email Laura_

Ragan@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: 

Purpose of Direct Final Rule and Final 

Action 

The purpose of this direct final rule 

is to notify the public that we are 

revising: (1) The List of Endangered and 

Threatened Wildlife in title 50 of the 

Code of Federal Regulations (CFR) at 

§ 17.11(h) (50 CFR 17.11(h)) to reflect 

the scientifically accepted taxonomy 

and nomenclature of four freshwater 

mussel species listed under section 4 of 

the Act (16 U.S.C. 1531 et seq.). These 

changes reflect the most recently 

accepted common and scientific names 

in accordance with 50 CFR 17.11(b) and 

(c). We are also updating the 

nomenclature for one of the species at 

50 CFR 17.85. 

We are publishing this rule without a 

prior proposal because this is a 

noncontroversial action that is in the 

best interest of the public and should be 

undertaken in as timely a manner as 

possible. This rule will be effective, as 

published in this document, on the 

effective date specified in DATES, unless 

we receive significant adverse 

comments by the comment due date 

specified in DATES. Significant adverse 

comments are comments that provide 

strong justification as to why our rule 

should not be adopted or why it should 

be changed. 

If we receive significant adverse 

comments regarding the taxonomic 

changes for any of these species, we will 

publish a document in the Federal 

Register withdrawing this rule for the 

appropriate species before the effective 

date, and, if appropriate, we will 


khammond on DSKJM1Z7X2PROD with RULES
15144 Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 

publish a proposed rule to initiate 

promulgation of those changes to 50 

CFR 17.11(h). 

Public Comments 

You may submit your comments and 

materials regarding this direct final rule 

by one of the methods listed in 

ADDRESSES. Please include sufficient 

information with your comment that 

allows us to verify any scientific or 

commercial information you include. 

We will post all comments on https:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us. Before 

including your address, phone number, 

email address, or other personal 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this direct final rule, 

will be available for public inspection 

on the internet at https://

www.regulations.gov or by appointment, 

during normal business hours at the 

U.S. Fish and Wildlife Service location 

listed above in FOR FURTHER

INFORMATION CONTACT. Please note that 

comments posted to https://

www.regulations.gov are not 

immediately viewable. When you 

submit a comment, the system receives 

it immediately. However, the comment 

will not be publicly viewable until we 

post it, which might not occur until 

several days after submission. 

Information regarding this rule is 

available in alternative formats upon 

request (see FOR FURTHER INFORMATION

CONTACT). 

Background 

Sections 17.11(c) and 17.12(b) of title 

50 of the CFR direct us to use the most 

recently accepted scientific name of any 

species that we have determined to be 

an endangered or threatened species. 

Using the best available scientific 

information, this direct final rule 

documents taxonomic changes of the 

scientific names to four entries under 

‘‘Clams’’ on the current List of 

Endangered and Threatened Wildlife 

(‘‘List’’; 50 CFR 17.11(h)). This rule also 

makes slight modifications to two 

common names, and those changes have 

the result of changing the placement of 

these species on the List. The basis for 

these taxonomic changes is supported 

by published studies in peer-reviewed 

journals. Accordingly, we revise the 

common and scientific names of these 

species under section 4 of the Act (16 

U.S.C. 1531 et seq.) as follows: 

Species name as currently listed Corrected name for addition to the list 

Common name Scientific name Common name Scientific name 

Pearlymussel, Curtis ...................... Epioblasma florentina curtisii ........ Pearlymussel, Curtis ..................... Epioblasma curtisii. 

Purple cat’s paw (pearlymussel) .... Epioblasma obliquata obliquata ... Pearlymussel, purple cat’s paw .... Epioblasma obliquata. 

Catspaw, white (pearlymussel) ...... Epioblasma obliquata perobliqua Pearlymussel, white cat’s paw ..... Epioblasma perobliqua. 

Riffleshell, northern ........................ Epioblasma torulosa rangiana ...... Riffleshell, northern ....................... Epioblasma rangiana. 

Taxonomic Classification 

Epioblasma Curtisii 

The scientific name change of 

Epioblasma curtisii (Curtis 

pearlymussel) from Epioblasma 

florentina curtisii is supported by 

phylogenetic analyses, its distinctive 

shell morphology, and distinct 

geographical range. These findings 

support the elevation of curtisii from 

subspecies to species (Williams et al. 

2017, p. 48). To the extent practicable, 

the Service relies on the Integrated 

Taxonomic Information System (ITIS) to 

determine a species’ scientific name. 

ITIS incorporates the naming principles 

established by the International Code of 

Zoological Nomenclature, produced by 

the International Commission on 

Zoological Nomenclature, an 

organization that provides and regulates 

a uniform system of zoological 

nomenclature. While ITIS is a reliable 

database source of taxonomic 

information, in this instance ITIS is 

incomplete. The junior synonym, 

Epioblasma florentina curtisii, is 

considered to be invalid in ITIS. Upon 

review of ITIS’s underlying data, we 

consider the information that displays 

the scientific name for Curtis 

pearlymussel to be incomplete as no 

valid name is provided for the species. 

The Service finds that the Curtis 

pearlymussel should be recognized as 

Epioblasma curtisii and is a valid 

listable entity. This species will 

continue to be listed as endangered, and 

no other aspect of the entry for this 

species in 50 CFR 17.11(h) will change 

as a result of this rule. 

Epioblasma Obliquata 

The scientific name change of 

Epioblasma obliquata (purple cat’s paw 

pearlymussel) from Epioblasma 

obliquata obliquata is supported by 

phylogenetic analyses, its distinctive 

shell morphology, and distinct 

geographical range. These findings 

support the elevation of obliquata from 

subspecies to species (Williams et al. 

2017, p. 48). In ITIS, Epioblasma 

obliquata is the accepted scientific 

name of purple cat’s paw pearlymussel. 

ITIS includes an additional common 

name for Epioblasma obliquata, 

catspaw, which is recognized by species 

experts as an alternate common name. 

This species will continue to be listed 

as endangered, and no other aspect of 

the entry for this species in 50 CFR 

17.11(h) will change as a result of this 

rule. 

In addition to the listing of purple 

cat’s paw pearlymussel in § 17.11(h), 

this species is also included in a rule 

that sets forth provisions for a 

nonessential experimental population of 

17 mollusks in the Tennessee River at 

§ 17.85. Therefore, we are also revising 

50 CFR 17.85(a) to change the species’ 

name in those regulations. 

Epioblasma Perobliqua 

The scientific name change of 

Epioblasma perobliqua (white cat’s paw 

pearlymussel) from Epioblasma 

obliquata perobliqua is supported by 

phylogenetic analyses, its distinctive 

shell morphology, and distinct 

geographical range. These findings 

support the elevation of perobliqua from 

subspecies to species (Williams et al. 

2017, p. 48). While the Service often 

relies on ITIS as a reliable database 

source of taxonomic information, in this 

instance ITIS is incomplete. The junior 

synonym, Epioblasma obliquata 

perobliqua, is considered to be invalid 

in ITIS. Upon review of ITIS’s 

underlying data, we consider the 

information that displays the scientific 

name for white cat’s paw pearlymussel 

to be incomplete as no valid name is 

provided for the species. ITIS includes 

an additional common name for white 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 15145 

cat’s paw pearlymussel, white catspaw, 

which is recognized by species experts 

as an alternate common name. The 

Service finds that the white cat’s paw 

pearlymussel should be recognized as 

Epioblasma perobliqua and is a valid 

listable entity. This species will 

continue to be listed as endangered, and 

no other aspect of the entry for this 

species in 50 CFR 17.11(h) will change 

as a result of this rule. 

Epioblasma Rangiana 

The scientific name change of 

Epioblasma rangiana (northern 

riffleshell) from Epioblasma torulosa 

rangiana is supported by phylogenetic 

analyses and the lack of intergradation 

between E. t. torulosa and E. t. rangiana. 

These findings support the elevation of 

rangiana from subspecies to species 

(Cummings and Berlocher 1990, p. 92; 

Williams et al. 2017, p. 48). Epioblasma 

rangiana is the accepted scientific name 

of northern riffleshell in ITIS. This 

species will continue to be listed as 

endangered, and no other aspect of the 

entry for this species in 50 CFR 17.11(h) 

will change as a result of this rule. 

References Cited 

A complete list of the referenced 

materials is available at https://

www.regulations.gov at Docket No. 

FWS–R3–ES–2022–0006 or upon 

request from the U.S. Fish and Wildlife 

Service (see FOR FURTHER INFORMATION

CONTACT). 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

For the reasons given in the preamble, 

we amend part 17, subchapter B of 

chapter I, title 50 of the Code of Federal 

Regulations, as set forth below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16. U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

■ 2. Amend § 17.11, in paragraph (h), 

the List of Endangered and Threatened 

Wildlife, under Clams, by: 

■ a. Removing both entries for ‘‘Purple 

cat’s paw (pearlymussel)’’ and the entry 

for ‘‘Catspaw, white (pearlymussel)’’; 

■ b. Revising the entry for 

‘‘Pearlymussel, Curtis’’; 

■ c. Adding in alphabetic order two 

entries for ‘‘Pearlymussel, purple cat’s 

paw’’ and an entry for ‘‘Pearlymussel, 

white cat’s paw’’; and 

■ d. Revising the entry for ‘‘Riffleshell, 

northern’’. 

The revisions and additions read as 

follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and applicable 

rules 

*******

CLAMS

* * * * * * * 

Pearlymussel, Curtis ................. Epioblasma curtisii ................... Wherever found ........................ E 41 FR 24062, 6/14/1976. 

* * * * * * * 

Pearlymussel, purple cat’s paw Epioblasma obliquata ............... Wherever found, except where 

listed as an experimental 

population.

E 55 FR 28209, 7/10/1990. 

Pearlymussel, purple cat’s paw Epioblasma obliquata ............... U.S.A. (AL—specified portions 

of the Tennessee River; see 

§ 17.85(a)(1)).

XN 66 FR 32250, 6/14/2001; 50 

CFR 17.85(a).10j

* * * * * * * 

Pearlymussel, white cat’s paw .. Epioblasma perobliqua ............. Wherever found ........................ E 41 FR 24062, 6/14/1976. 

* * * * * * * 

Riffleshell, northern ................... Epioblasma rangiana ................ Wherever found ........................ E 58 FR 5638, 1/22/1993. 

* * * * * * * 

■ 3. In § 17.85, in paragraph (a) 

introductory text, amend the table by 

removing the entry for ‘‘catspaw (purple 

cat’s paw pearlymussel)’’ and adding in 

its place an entry for ‘‘purple cat’s paw 

pearlymussel’’ to read as follows: 

§ 17.85 Special rules—invertebrates. 

(a) * * * 

Common name Scientific name 

*******

purple cat’s paw pearlymussel ................................................................. Epioblasma obliquata. 

* * * * * * * 


khammond on DSKJM1Z7X2PROD with RULES
15146 Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 

* * * * * 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2022–05526 Filed 3–16–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220311–0070; RTID 0648– 

XX075] 

Fisheries of the Northeastern United 

States; Northeast Skate Complex; 2022 

and 2023 Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues final Northeast 

skate specifications for the 2022 fishing 

year, and projects specifications for 

fishing year 2023, as recommended by 

the New England Fishery Management 

Council. This action is necessary to 

establish annual allowable harvest 

levels for the skate fishery that prevent 

overfishing while enabling optimum 

yield, using the best scientific 

information available. 

DATES: Effective on May 1, 2022. 

ADDRESSES: The New England Fishery 

Management Council prepared a 

Supplemental Information Report (SIR) 

for these specifications that describes 

the action and any changes from the 

original environmental assessment (EA) 

and analyses for this 2022–2023 

specifications action. Copies of the SIR, 

original EA, and other supporting 

documents for this action, are available 

upon request from Thomas A. Nies, 

Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Newburyport, MA 01950. These 

documents are also accessible via the 

internet at https://www.nefmc.org/ 

management-plans/skates. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Ferrio, Fishery Policy Analyst, 

(978) 281–9180. 

SUPPLEMENTARY INFORMATION: 

Background 

The New England Fishery 

Management Council manages a 

complex of seven skate species 

(barndoor, clearnose, little, rosette, 

smooth, thorny, and winter skate) in the 

New England and Mid-Atlantic regions 

under the Northeast Skate Complex 

Fishery Management Plan (FMP). Skates 

are harvested and managed in two 

different fishery sectors, one for food 

(the wing fishery) and one for bait used 

in other fisheries (the bait fishery). The 

FMP requires the review and 

specification of an acceptable biological 

catch (ABC), annual catch limit (ACL), 

annual catch target (ACT), fishery-level 

total allowable landings (TAL) limit, 

separate TALs for the wing and bait 

fisheries, and other management 

measures, as needed, for up to two 

fishing years at a time. This action 

implements skate specifications for the 

2022 fishing year, and projects 

specifications for 2023, as 

recommended by the Council. 

The proposed rule for this action 

published in the Federal Register on 

January 18, 2022 (87 FR 2587), and 

comments were accepted through 

February 17, 2022. NMFS did not 

receive any comments from the public 

during this period. Additional 

background information regarding the 

development of these specifications was 

provided in the proposed rule and is not 

repeated here. 

Specifications 

This action implements the Council’s 

recommended 2022 and projected 2023 

skate catch specifications (Table 1), as 

outlined in the proposed rule. These 

specifications increase the ABC by 14 

percent and annual quotas for both the 

wing and bait fisheries by 18 percent in 

fishing year 2022. Specifications for 

fishing year 2023 are projected to be 

unchanged from 2022. 

TABLE 1—SUMMARY OF FINAL 2022 AND PROJECTED 2023 SKATE FISHERY SPECIFICATIONS

Metric tons Million lb 

ABC = ACL .............................................................................................................................................................. 37,236 82.091 

ACT .......................................................................................................................................................................... 33,513 73.883 

Overall Fishery TAL ................................................................................................................................................. 21,142 46.610 

Wing TAL (66.5% of Overall TAL) ........................................................................................................................... 14,059 30.995 

Wing Season 1 TAL (57% of Wing TAL) ................................................................................................................ 8,014 17.668 

Wing Season 2 TAL ................................................................................................................................................ 6,045 13.327 

Bait TAL (33.5% of Overall TAL) ............................................................................................................................. 7,082 15.613 

Bait Season 1 TAL (30.8% of Bait TAL) ................................................................................................................. 2,181 4.808 

Bait Season 2 TAL (37.1% of Bait TAL) ................................................................................................................. 2,627 5.792 

Bait Season 3 TAL .................................................................................................................................................. 2,274 5.013 

All other fishery management 

measures, such as trip limits, remain 

unchanged under this action. The 

Council will review the projected 

specifications for fishing year 2023 in 

light of any new information to 

determine if any changes need to be 

made prior to their implementation. 

NMFS will publish a notice prior to the 

2023 fishing year to confirm these limits 

as projected or propose any necessary 

changes. 

Comments and Responses 

The public comment period for the 

proposed rule ended on February 17, 

2022. NMFS received no comments 

from the public during this period. 

Changes From the Proposed Rule 

There are no changes from the 

proposed rule. 

Classification 

The NMFS Administrator, Greater 

Atlantic Region, has determined that 

these specifications are necessary for the 

conservation and management of the 

Northeast skate fishery, and that it is 

consistent with the Northeast Skate 

Complex FMP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable laws. 

This final rule is exempt from review 

under Executive Order 12866 because 

the action contains no implementing 

regulations. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 


khammond on DSKJM1Z7X2PROD with RULES