Endangered and Threatened Wildlife and Plants; Revision of the Critical Habitat Designation for the Jaguar in Compliance With a Court Order
| Published date | 22 July 2021 |
| Citation | 86 FR 38570 |
| Record Number | 2021-15525 |
| Section | Rules and Regulations |
| Court | Fish And Wildlife Service |
38570
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 21–93; FCC 21–58; FR ID
38122]
Establishing Emergency Connectivity
Fund To Close the Homework Gap;
Corrections
AGENCY
: Federal Communications
Commission.
ACTION
: Correcting amendments.
SUMMARY
: On May 11, 2021, the Federal
Communications Commission
(Commission) released a Report and
Order in the matter of ‘‘Establishing
Emergency Connectivity Fund to Close
the Homework Gap.’’ This document
contains corrections to the final
regulations that appeared in the Federal
Register of May 28, 2021.
DATES
: Effective July 22, 2021.
FOR FURTHER INFORMATION CONTACT
:
Johnnay Schrieber, Wireline
Competition Bureau, (202) 418–7400 or
by email at Johnnay.Schrieber@fcc.gov.
The Commission asks that requests for
accommodations be made as soon as
possible in order to allow the agency to
satisfy such requests whenever possible.
Send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at (202) 418–0530.
SUPPLEMENTARY INFORMATION
: The
Commission published a document
amending part 54 in the Federal
Register of May 28, 2021 (86 FR 29136).
This document corrects
§ 54.1710(a)(1)(v), (x), and (xi) of the
rules.
Need for the correction. As published,
the final regulations contain an error,
which requires immediate correction.
List of Subjects in 47 CFR Part 54
Communications common carriers,
Internet, Libraries, Reporting and
recordkeeping requirements, Schools,
Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
Accordingly, 47 CFR part 54 is
corrected by making the following
correcting amendments:
PART 54—UNIVERSAL SERVICE
■1. The authority for part 54 continues
to read as follows:
Authority: 47 U.S.C. 151, 154(i), 155, 201,
205, 214, 219, 220, 229, 254, 303(r), 403,
1004, 1302, and 1601–1609, unless otherwise
noted.
■2. Amend § 54.1710 by revising
paragraphs (a)(1)(v), (x), and (xi) to read
as follows:
§ 54.1710 Emergency Connectivity Fund
requests for funding.
(a) * * *
(1) * * *
(v) The library or library consortia
eligible is for assistance from a State
library administrative agency under the
Library Services and Technology Act,
does not operate as for-profit businesses,
and their budgets are completely
separate from any school (including, but
not limited to, elementary and
secondary schools, colleges, and
universities).
* * * * *
(x) The applicant or the relevant
student, school staff member, or library
patron has received, or the applicant has
ordered the equipment and services for
which funding is sought.
(xi) The equipment and services the
school, library, or consortium purchases
or will purchase using Emergency
Connectivity Fund support will be used
primarily for educational purposes and
will not be sold, resold, or transferred in
consideration for money or any other
thing of value, except as allowed by
§ 54.1713.
* * * * *
[FR Doc. 2021–15494 Filed 7–21–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2012–0042;
FF09E21000 FXES11110900000 212]
RIN 1018–AX13
Endangered and Threatened Wildlife
and Plants; Revision of the Critical
Habitat Designation for the Jaguar in
Compliance With a Court Order
AGENCY
: Fish and Wildlife Service,
Interior.
ACTION
: Final rule.
SUMMARY
: We, the U.S. Fish and
Wildlife Service (Service), are issuing
this final rule to comply with a court
order to vacate Unit 6 and the New
Mexico portion of Unit 5 from the
March 5, 2014, final rule designating
approximately 764,207 acres (309,263
hectares) of land in New Mexico and
Arizona as critical habitat for the jaguar
(Panthera onca) under the Endangered
Species Act of 1973, as amended (Act).
In compliance with the court order, this
final rule removes approximately
110,438 acres (44,693 hectares) of land
within New Mexico from the
designation of critical habitat for the
jaguar.
DATES
: This rule is effective July 22,
2021. However, the court order had
legal effect immediately upon being
filed on January 27, 2021.
FOR FURTHER INFORMATION CONTACT
: U.S.
Fish and Wildlife Service, Attn: Jeff
Humphrey, at 9828 North 31st Avenue
#C3, Phoenix, Arizona 85051, by
telephone at 602–242–0210, or by email
at incomingazcorr@fws.gov. Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION
:
Background
On March 5, 2014, we published in
the Federal Register a final rule (79 FR
12572) designating approximately
764,207 acres (309,263 hectares) of land
in New Mexico and Arizona as critical
habitat for the jaguar under the Act (16
U.S.C. 1531 et seq.). The jaguar’s critical
habitat designation is set forth in our
regulations in title 50 of the Code of
Federal Regulations (CFR) at § 17.95(a)
(50 CFR 17.95(a)). Please see the March
5, 2014, final rule for a complete
discussion of previous Federal actions.
On May 20, 2015, the New Mexico
Farm & Livestock Bureau, New Mexico
Cattlegrowers’ Association, and New
Mexico Federal Lands Council filed a
lawsuit challenging the March 5, 2014,
final rule’s designation of Unit 6 and the
portions of Unit 5 in New Mexico, and
seeking declaratory judgment and
injunctive relief. On October 25, 2017,
the district court denied plaintiffs’
petition for injunctive relief and
affirmed the Service’s decision.
On January 7, 2019, plaintiffs
appealed the district court decision to
the U.S. Court of Appeals for the Tenth
Circuit. On March 17, 2020, the
appellate court reversed the decision of
the district court and remanded the
relevant portions of the jaguar critical
habitat rule for proceedings consistent
with its decision. See New Mexico Farm
& Livestock Bureau, New Mexico
Cattlegrowers’ Association, and New
Mexico Federal Lands Council v. United
States Department of the Interior, 952
F.3d 1216 (March 17, 2020). Upon
remand, on January 27, 2021, the
district court ordered the Service to
vacate the March 5, 2014, final rule’s
designation of Unit 6 and the New
Mexico portion of Unit 5. This rule
implements the January 27, 2021, order
of the district court.
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38571
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
Administrative Procedure
This rulemaking is necessary to
comply with the January 27, 2021, court
order. Therefore, under these
circumstances, the Service Director
(Director) has determined, pursuant to 5
U.S.C. 553(b)(3)(B), that prior notice and
opportunity for public comment are
impracticable and unnecessary. Because
the court order had legal effect
immediately upon being filed on
January 27, 2021, the Director has
further determined, pursuant to 5 U.S.C.
553(d)(3), that the agency has good
cause to make this rule effective
immediately upon publication.
Effects of the Rule
This rule is an administrative action
to remove approximately 110,438 acres
(44,693 hectares) of land within New
Mexico from the jaguar’s critical habitat
designation at 50 CFR 17.95(a).
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Amendment
Accordingly, 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 § 17.95, in paragraph (a), in
the entry for ‘‘Jaguar (Panthera onca),’’
by:
■a. Removing the words ‘‘and Hidalgo
County, New Mexico,’’ in paragraph (1);
and
■b. Revising paragraphs (5) and (7).
The revisions read as follows:
§ 17.95 Critical habitat—fish and wildlife.
(a) * * *
Jaguar (Panthera onca)
* * * * *
(5) Note: Index map follows:
* * * * * (7) Unit 5: Peloncillo Unit, Cochise
County, Arizona. Map of Unit 5 follows:
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38572
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
* * * * *
Martha Williams,
Principal Deputy Director Exercising the
Delegated Authority of the Director U.S. Fish
and Wildlife Service.
[FR Doc. 2021–15525 Filed 7–21–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2021–0034;
4500030113]
RIN 1018–BF82
Endangered and Threatened Wildlife
and Plants; Removing Textual
Descriptions of Critical Habitat
Boundaries for Plants
AGENCY
: Fish and Wildlife Service,
Interior.
ACTION
: Final rule; technical
amendment.
SUMMARY
: We, the U.S. Fish and
Wildlife Service (Service), are removing
the textual descriptions of critical
habitat boundaries from those
designations for plants for which the
maps have been determined to be
sufficient to stand as the official
delineation of critical habitat. For these
entries, the boundaries of critical habitat
as mapped or otherwise described will
be the official delineation of the
designation. The coordinates and/or
plot points that we are removing from
the Code of Federal Regulations will be
available to the public at the lead field
office of the Service responsible for the
designation and online at the Federal
eRulemaking Portal. This action does
not increase, decrease, or otherwise
change the boundaries of any critical
habitat designation. We are taking this
action in accordance with our May 1,
2012, revision of the regulations related
to publishing textual descriptions of
critical habitat boundaries in the Code
of Federal Regulations and as part of our
response to Executive Order 13563 (Jan.
18, 2011) directing Federal agencies to
review their existing regulations and
then to modify or streamline them in
accordance with what they learned.
DATES
: This rule is effective August 23,
2021.
ADDRESSES
: This final rule is available
online at the Federal eRulemaking
Portal at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
:
Carey Galst, U.S. Fish and Wildlife
Service, MS: ES, 5275 Leesburg Pike,
Falls Church, VA 22041–3803;
telephone 703–358–1954. If you use a
telecommunications device for the deaf
(TDD), call the Federal Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION
:
Executive Summary
Why we need to publish a rule
amendment. We have reviewed our
critical habitat designations published
in the Code of Federal Regulations for
plants. Based on that review, we have
found that we can provide more cost-
efficient, helpful, and streamlined
critical habitat designations by
removing the often-lengthy textual
descriptions of critical habitat
boundaries from those designations for
which the maps have been determined
to be sufficient to stand as the official
delineation of critical habitat. This rule
does not increase, decrease, or in any
other way alter the critical habitat
designations from which we are
removing the textual descriptions of
boundaries. A change to the Code of
Federal Regulations can only be
completed by issuing a final rule.
The basis for our action. Executive
Order 13563 directs Federal agencies to
review their existing regulations and
then to modify or streamline them in
accordance with what they learned.
This action results from our review of
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