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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations
collect seasonal and annual data concerning stormwater runoff and nonpoint source pollution to evaluate the contribution and water quality of stormwater runoff from SJAFB to the surrounding watersheds; address watershed protection and enhancement of water quality, and regulate the amounts of water used in future landscaping and grounds maintenance activities, including the use of herbicides, pesticides, and fertilizers;
and apply appropriate stormwater management practices.
Two miles 3.2 km of Unit 14
NR5cMiddle Neuse River for the Neuse River waterdog are located within the area covered by this INRMP. Based on the above considerations, and in accordance with section 4a3Bi of the Act, we have determined that the identified streams are subject to the SJAFB INRMP and that conservation efforts identified in the INRMP will provide a benefit to the Neuse River waterdog. Therefore, streams within this installation are exempt from critical habitat designation under section 4a3
of the Act. We are not including approximately 2 river mi 3.2 km of habitat in the Neuse River waterdogs critical habitat designation because of this exemption.
For the MCAS Cherry Point OLF, Unit 17 Trent River was decreased to exempt land owned by the Marine Corps. The bases INRMP includes a program for at-risk herpetofauna including establishment of a monitoring program, conducting surveys in highprobability habitat for new occurrences, collection of GIS location data, and implementation of ecosystem management practices that support the conservation and management of at-risk herpetofauna species, including the Neuse River waterdog, known to occur at MCAS Cherry Point Tetra Tech 2012, p. C10. Additional protection for atrisk herpetofauna known to occur at MCAS Cherry Point would be provided through NEPA-initiated individual project review and agency consultation, as necessary Tetra Tech 2012, p. C10.
Based on these considerations, and in accordance with section 4a3Bi of the Act, we have determined that 1.1
miles 2 km of the Trent River is subject to the MCAS Cherry Point OLF INRMP
and that conservation efforts identified in the INRMP will provide a benefit to the Neuse River waterdog. Therefore, streams within this installation are exempt from critical habitat designation under section 4a3 of the Act. We are not including 1.1 miles 2 km of stream habitat in the Neuse River waterdogs critical habitat designation because of this exemption.

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Consideration of Impacts Under Section 4b2 of the Act Section 4b2 of the Act states that the Secretary shall designate and make revisions to critical habitat on the basis of the best available scientific data after taking into consideration the economic impact, national security impact, and any other relevant impact of specifying any particular area as critical habitat.
The Secretary may exclude an area from critical habitat if he or she determines that the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat, unless he or she determines, based on the best scientific data available, that the failure to designate such area as critical habitat will result in the extinction of the species. In making the determination to exclude a particular area, the statute on its face, as well as the legislative history, are clear that the Secretary has broad discretion regarding which factors to use and how much weight to give to any factor.
We describe below the process that we undertook for taking into consideration each category of impacts and our analyses of the relevant impacts. In this final rule, we have not considered any areas for exclusion from critical habitat.
Consideration of Economic Impacts Section 4b2 of the Act and its implementing regulations require that we consider the economic impact that may result from a designation of critical habitat. To consider economic impacts of a designation, we prepared an incremental effects memorandum IEM
and screening analysis which, together with our narrative and interpretation of effects, constitute our final economic analysis FEA of the critical habitat designation and related factors IEc 2018, entire. The analysis, dated September 14, 2018, was made available for public review from May 22, 2019, through July 22, 2019 84 FR 23644.
The DEA addressed probable economic impacts of critical habitat designation for the Carolina madtom and Neuse River waterdog. Following the close of the comment period, we reviewed and evaluated all information submitted during the comment period that may pertain to our consideration of the probable incremental economic impacts of this critical habitat designation.
Additional information relevant to the probable incremental economic impacts of critical habitat designation for the Carolina madtom and Neuse River waterdog is summarized below.
The critical habitat designation for the Neuse River waterdog totals
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approximately 779 river miles 1,254
river km, all of which are currently occupied by the species. In these areas, any actions that may affect the species or its habitat would likely also affect critical habitat, and it is unlikely that any additional conservation efforts would be required to address the adverse modification standard over and above those recommended as necessary to avoid jeopardizing the continued existence of the species. Therefore, the only additional costs that are expected in all of the critical habitat designation are administrative costs, due to the fact that this additional analysis will require time and resources by both the Federal action agency and the Service.
The critical habitat designation for the Carolina madtom totals approximately 257 river miles 414 river km, most of which is currently occupied by the species, but with two unoccupied units.
In the occupied areas, any actions that may affect the species or its habitat would likely also affect critical habitat, and it is unlikely that any additional conservation efforts would be required to address the adverse modification standard over and above those recommended as necessary to avoid jeopardizing the continued existence of the species. Therefore, the only additional costs that are expected in the occupied critical habitat designation are administrative costs, due to the fact that this additional analysis will require time and resources by both the Federal action agency and the Service. Two of the Carolina madtom critical habitat units Unit 4: NR1 and Unit 7: TR1 are unoccupied. One of these units NR1
overlaps entirely with river miles designated as critical habitat for the Neuse River waterdog. The second unoccupied unit TR1 overlaps partially with Neuse River waterdog critical habitat, but includes approximately 7 river miles that do not overlap representing approximately 3
percent of the Carolina madtoms designated critical habitat. However, these river miles are located in a remote area where future section 7
consultations are not anticipated.
Our analysis shows that these costs would not reach the threshold of significant under E.O. 12866 IEc 2018, entire. For the critical habitat designations for both species, we anticipate a maximum of 115 section 7
consultations annually at a total incremental cost of approximately $270,000 per year.
Exclusions Based on Economic Impacts As discussed above, the Service considered the economic impacts of the critical habitat designation, and the
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