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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
Ombudsman, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 205900001, 202 3660596, steven.lafreniere@
dot.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing A copy of the notice of proposed rulemaking 82 FR 36719, August 7, 2017, all comments received, the final rule, and all background material may be viewed online at http
www.regulations.gov using the docket number listed above. A copy of this document will be placed in the docket.
Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Registers website at http www.ofr.gov and the Government Publishing Offices website at http www.gpo.gov.
Background On January 20, 2021, the Assistant to the President and Chief of Staff issued a memorandum titled, Regulatory Freeze Pending Review. The memorandum requested that the heads of executive departments and agencies agencies take steps to ensure that the Presidents appointees or designees have the opportunity to review any new or pending rules. With respect to rules published in the Federal Register, but not yet effective, the memorandum asked that agencies consider postponing the rules effective dates for 60 days from the date of the memorandum i.e., March 21, 2021 for the purpose of reviewing any questions of fact, law, and policy the rules may raise.
In accordance with this direction, FMCSA has decided to delay the effective date of the final rule, Rulemaking Procedures Update RIN
2126AB96, until March 21, 2021. The final rule amends FMCSAs rulemaking procedures by revising the process for preparing and adopting rules and petitions. Also, the Agency adds new definitions, and makes general administrative corrections throughout its rulemaking procedures. The delay in the rules effective date will afford the Presidents appointees or designees an opportunity to review the rule and will allow for consideration of any questions of fact, law, or policy that the rule may raise before it becomes effective.
Waiver of Rulemaking and Delayed Effective Date Under the Administrative Procedure Act APA 5 U.S.C. 553, FMCSA
generally offer interested parties the
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opportunity to comment on proposed regulations and publish rules not less than 30 days before their effective dates.
However, the APA provides that an agency is not required to conduct notice-and-comment rulemaking or delay effective dates when the agency, for good cause, finds that the requirement is impracticable, unnecessary, or contrary to the public interest 5 U.S.C. 553bB and d3.
There is good cause to waive both of these requirements here as they are impracticable. A delay in the effective date of the final rule, Rulemaking Procedures Update, is necessary for the Presidents appointees and designees to have adequate time to review the rule before it takes effect, and neither the notice and comment process nor the delayed effective date could be implemented in time to allow for this review.
List of Subjects in 49 CFR Part 389
Administrative practice and procedure, Highway safety, Motor carriers, Motor vehicle safety.
Issued under authority delegated in 49 CFR
1.87.
John W. Van Steenburg, Assistant Administrator.
FR Doc. 202104110 Filed 22621; 8:45 am BILLING CODE 4910EXP

DEPARTMENT OF THE INTERIOR

50 CFR Part 17
Docket No. FWSR1ES20200050;
FF09E21000 FXES11110900000 212
RIN 1018BF01

Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Northern Spotted Owl; Delay of Effective Date Fish and Wildlife Service, Interior.
ACTION: Final rule; delay of effective date and request for comments.
AGENCY:

We, the U.S. Fish and Wildlife Service, are delaying the effective date of a final rule we published on January 15, 2021, revising the designation of critical habitat for the northern spotted owl Strix occidentalis caurina under the Endangered Species Act of 1973, as amended ESA January 15, 2021, Final Rule. In addition, this action opens a 30-day comment period to allow interested parties to comment on issues of fact, law, and policy raised
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You may submit comments using either of the following methods:
Electronically via the Federal eRulemaking Portal: Please visit https
www.regulations.gov. In the Search Box, enter FWSR1ES20200050, which is the docket number for this action, and click search to view the publications associated with the docket folder.
Locate the document with an open comment period and follow the instructions to submit your comments prior to the close of the comment period.
By hard copy: Submit by U.S. mail to:
Public Comments Processing, Attn:
FWSR1ES20200050, U.S. Fish and Wildlife Service, MS: JAO/3W, 5275
Leesburg Pike, Falls Church, VA 22041
3803.
Docket: For access to the docket to read background documents or comments received, go to https
www.regulations.gov and locate the docket folder for FWSR1ES2020
0050.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Fish and Wildlife Service
SUMMARY:

by that rule and whether further delay of the effective date is necessary.
DATES: As of March 1, 2021, the effective date of the final rule that published on January 15, 2021, at 86 FR
4820, is delayed from March 16, 2021, to April 30, 2021.
Comment Period: To be assured consideration, comments must be received or postmarked by March 31, 2021.

Bridget Fahey, Division of Conservation and Classification, U.S. Fish and Wildlife Service, Falls Church, VA
22041, telephone 7033582172.
Persons who use a telecommunications device for the deaf TDD may call the Federal Relay Service at 8008778339.
SUPPLEMENTARY INFORMATION:
I. Background On January 15, 2021, we published a final rule 86 FR 4820 revising critical habitat for the northern spotted owl by excluding additional areas from designation as critical habitat pursuant to the Secretary of the Interiors authority under section 4b2 of the ESA 16 U.S.C. 1531 et seq.. On January 20, 2021, the White House issued a memorandum instructing Federal agencies to consider postponing the effective date after January 20, 2021, of any rules that have published in the Federal Register but not yet taken effect, for the purpose of reviewing any questions of fact, law, and policy the rules may raise 86 FR 7424; January 28, 2021 Regulatory Freeze Memorandum.

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