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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Proposed Rules
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iv No areas meet the definition of critical habitat; or v The Secretary otherwise determines that designation of critical habitat would not be prudent based on the best scientific data available.
As discussed earlier in this document, we did not identify an imminent threat of collection or vandalism identified under Factor B for this species, and identification and mapping of critical habitat is not expected to initiate any such threat. In our SSA report and this proposed listing determination for the four DPSs of the foothill yellow-legged frog, we determined that the present or threatened destruction, modification, or curtailment of habitat or range Factor A is a threat to the four DPSs and that the Factor A threats in some way can be addressed by the Acts section 7a2
consultation measures. The four DPSs occur wholly in the jurisdiction of the United States, and we are able to identify areas that meet the definition of critical habitat. Therefore, because none of the circumstances enumerated in our regulations at 50 CFR 424.12a1 have been met and because the Secretary has not identified other circumstances for which this designation of critical habitat would be not prudent, we have determined that the designation of critical habitat is prudent for the four DPSs of the foothill yellow-legged frog.
Critical Habitat Determinability Having determined that designation is prudent, under section 4a3 of the Act we must find whether critical habitat for the four DPSs of the foothill yellowlegged frog is determinable. Our regulations at 50 CFR 424.12a2 state that critical habitat is not determinable when one or both of the following situations exist:
i Data sufficient to perform required analyses are lacking, or ii The biological needs of the species are not sufficiently well known to identify any area that meets the definition of critical habitat.
When critical habitat is not determinable, the Act allows the Service an additional year to publish a critical habitat designation 16 U.S.C.
1533b6Cii.
We reviewed the available information pertaining to the biological needs of the four DPSs of the foothill yellow-legged frog and habitat characteristics where the four DPSs are located. A careful assessment of the economic impacts that may occur due to a critical habitat designation is still ongoing, and we are in the process of working with the State and other partners in acquiring the complex information needed to perform that
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assessment. Therefore, due to the current lack of data sufficient to perform required analyses, we conclude that the designation of critical habitat for the four DPSs of the foothill yellow-legged frog is not determinable at this time.
The Act allows the Service an additional year to publish a critical habitat designation that is not determinable at the time of listing 16
U.S.C. 1533b6Cii.
Required Determinations Clarity of the Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must:
1 Be logically organized;
2 Use the active voice to address readers directly;
3 Use clear language rather than jargon;
4 Be divided into short sections and sentences; and 5 Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc.
National Environmental Policy Act 42
U.S.C. 4321 et seq.
We have determined that environmental assessments and environmental impact statements, as defined under the authority of the National Environmental Policy Act NEPA; 42 U.S.C. 4321 et seq., need not be prepared in connection with regulations adopted pursuant to section 4a of the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 48 FR 49244.
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
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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.
We solicited information from all of the Tribes within the entire range of the foothill-yellow-legged frog to inform the development of the SSA report, and we notified Tribes of our upcoming proposed listing determination. We also provided these Tribes the opportunity to review a draft of the SSA report and provide input prior to making our proposed determination on the status of the foothill yellow-legged frog, but we did not receive any responses. We will continue to coordinate with Tribal entities throughout the listing process for the foothill yellow-legged frog.
References Cited A complete list of references cited in this rulemaking is available on the internet at http www.regulations.gov and upon request from the Sacramento Fish and Wildlife Office see FOR
FURTHER INFORMATION CONTACT.
Authors The primary authors of this proposed rule are the staff members of the Fish and Wildlife Services Species Assessment Team and Field Office staff within the range of the species in California and Oregon.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Proposed Regulation Promulgation Accordingly, we propose to 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 entries for Frog, foothill yellow-legged

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