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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations Federal agency for actions that may affect critical habitat, consultation under section 7a2 of the Act would be required. While non-Federal entities that receive Federal funding, assistance, or permits, or that otherwise require approval or authorization from a Federal agency for an action, may be indirectly impacted by the designation of critical habitat, the legally binding duty to avoid destruction or adverse modification of critical habitat rests squarely on the Federal agency.
Civil Justice ReformExecutive Order 12988
In accordance with Executive Order 12988 Civil Justice Reform, the Office of the Solicitor has determined that the rule does not unduly burden the judicial system and that it meets the requirements of sections 3a and 3b2
of the order. We are designating critical habitat in accordance with the provisions of the Act. To assist the public in understanding the habitat needs of the species, this rule identifies the elements of physical or biological features essential to the conservation of the species. The designated areas of critical habitat are presented on maps, and the rule provides several options for the interested public to obtain more detailed location information, if desired.
Paperwork Reduction Act of 1995 44
U.S.C. 3501 et seq.
This rule does not contain any new collections of information that require approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
National Environmental Policy Act 42
U.S.C. 4321 et seq.
We have determined that environmental assessments and environmental impact statements, as Common name
CRUSTACEANS

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Crayfish, slenderclaw

Government-to-Government Relationship With Tribes In accordance with the Presidents memorandum of April 29, 1994
Government-to-Government Relations with Native American Tribal Governments; 59 FR 22951, Executive Order 13175 Consultation and Coordination With Indian Tribal Governments, and the Department of the Interiors manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. In accordance with Secretarial Order 3206
of June 5, 1997 American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act, we readily acknowledge our responsibilities to work directly with Tribes in developing programs for healthy ecosystems, to acknowledge that Tribal lands are not subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to Tribes.

Scientific name

Where listed

Cambarus cracens

3. Amend 17.95h by adding an entry for Slenderclaw Crayfish Cambarus cracens after the entry for
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A complete list of references cited in the SSA report and this rulemaking is available on the internet at http
www.regulations.gov under Docket No.
FWSR4ES20180069 and upon request from the Alabama Ecological Services Field Office see FOR FURTHER
INFORMATION CONTACT.
Authors The primary authors of this final rule are the staff members of the U.S. Fish and Wildlife Service Species Assessment Team and Alabama Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Regulation Promulgation Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:

Authority: 16 U.S.C. 13611407; 1531
1544; and 42014245, unless otherwise noted.

2. Amend 17.11h by adding an entry for Crayfish, slenderclaw to the List of Endangered and Threatened Wildlife in alphabetical order under Crustaceans to read as follows:

17.11 Endangered and threatened wildlife.

h

Wherever found

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References Cited

E

86 FR INSERT FEDERAL REGISTER PAGE
WHERE THE DOCUMENT BEGINS, 9/8/21; 50
CFR 17.95hCH.

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Listing citations and applicable rules
Pecos Amphipod Gammarus pecos to read as follows:

PO 00000

We have identified no Tribal interests that will be affected by this final rulemaking.

Status

VerDate Sep<11>2014

defined under the authority of the National Environmental Policy Act NEPA, need not be prepared in connection with listing a species as an endangered or threatened species under the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983
48 FR 49244.
It is our position that, outside the jurisdiction of the U.S. Court of Appeals for the Tenth Circuit, we do not need to prepare environmental analyses pursuant to NEPA in connection with designating critical habitat under the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983
48 FR 49244. This position was upheld by the U.S. Court of Appeals for the Ninth Circuit Douglas County v.
Babbitt, 48 F.3d 1495 9th Cir. 1995, cert. denied 516 U.S. 1042 1996.

17.95

Critical habitatfish and wildlife.

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