Endangered and Threatened Wildlife and Plants; Revision of the Critical Habitat Designation for the Jaguar in Compliance With a Court Order, 38570-38572 [2021-15525]

Download as PDF 38570 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 2. Amend § 54.1710 by revising paragraphs (a)(1)(v), (x), and (xi) to read as follows: ■ 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 Federal Communications Commission. ACTION: Correcting amendments. AGENCY: 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. SUMMARY: 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. lotter on DSK11XQN23PROD with RULES1 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 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 SUMMARY: 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. Jkt 253001 [FR Doc. 2021–15494 Filed 7–21–21; 8:45 am] Fish and Wildlife Service, Interior. ACTION: Final rule. PART 54—UNIVERSAL SERVICE 15:56 Jul 21, 2021 (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. * * * * * AGENCY: Final Rules Accordingly, 47 CFR part 54 is corrected by making the following correcting amendments: VerDate Sep<11>2014 § 54.1710 Emergency Connectivity Fund requests for funding. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 final rule removes approximately 110,438 acres (44,693 hectares) of land within New Mexico from the designation of critical habitat for the jaguar. 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: DATES: 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. E:\FR\FM\22JYR1.SGM 22JYR1 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: ■ 38571 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: --t-----UNIT4 Whetstone ✓ Hidalgo Cochise UNITS Peloncillo Chihuahua 10 MiO NEW MEXICO KmO 10 20 20 30 30 40 MilpProjedion: NarihArneJ-icanAber'EqualheaC~ Oatum: NAO 1!983 Revised: 01 Feb 2021 * * VerDate Sep<11>2014 * * 15:56 Jul 21, 2021 Crilcal Habitat D Slate Boundary county Boundary (7) Unit 5: Peloncillo Unit, Cochise County, Arizona. Map of Unit 5 follows: Jkt 253001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\22JYR1.SGM 22JYR1 ER22JY21.021</GPH> lotter on DSK11XQN23PROD with RULES1 * - D 40 38572 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations UN111:o STA11:s Chihuahua uex,co Sonora MiO 5 10 15 20 ~1..LI~1---,-"1''---T1~-- ._I KmO 5 ~ WWB 101520 s Milp Projewon: NorfhA.fnsicanAlbets Equa!Al'ea Conic Datum: NAO 1983 - Cfiticat Habitat Unit D county BOllll<la,y - state Highways D state Boundary Revised: 01 Feb 2021 * * * * 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 Fish and Wildlife Service, Interior. ACTION: Final rule; technical amendment. lotter on DSK11XQN23PROD with RULES1 AGENCY: 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 SUMMARY: VerDate Sep<11>2014 15:56 Jul 21, 2021 Jkt 253001 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; PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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 costefficient, 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 E:\FR\FM\22JYR1.SGM 22JYR1 ER22JY21.022</GPH> *

Agencies

[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Rules and Regulations]
[Pages 38570-38572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15525]


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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 [email protected]. 
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 Sec.  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.

[[Page 38571]]

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

0
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.

0
2. Amend Sec.  17.95, in paragraph (a), in the entry for ``Jaguar 
(Panthera onca),'' by:
0
a. Removing the words ``and Hidalgo County, New Mexico,'' in paragraph 
(1); and
0
b. Revising paragraphs (5) and (7).
    The revisions read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

    (a) * * *
Jaguar (Panthera onca)
* * * * *
    (5) Note: Index map follows:
    [GRAPHIC] [TIFF OMITTED] TR22JY21.021
    
* * * * *
    (7) Unit 5: Peloncillo Unit, Cochise County, Arizona. Map of Unit 5 
follows:

[[Page 38572]]

[GRAPHIC] [TIFF OMITTED] TR22JY21.022

* * * * *

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