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801.10

Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations General.

DEPARTMENT OF COMMERCE

b
2 Maintains an electronic reading room in accordance with 5 U.S.C.
552a2. The NTSBs electronic reading room is accessible on the NTSBs FOIA
website at https www.ntsb.gov/.

c The NTSB maintains in its electronic reading room, making the following available:

3. Revise 801.30 to read as follows:
801.30 Records from accident investigations.

Upon completion of an accident investigation, the NTSB will compile a public docket containing investigators factual reports, and documents and exhibits that the agency deemed pertinent to the investigation. The Chief, Records Management Division, will then make the docket available on the NTSB website.
4. Revise 801.31 to read as follows:
801.31 Public hearings regarding investigations.

Within approximately four 4 weeks after a public investigative hearing conducted in accordance with part 845, subpart A, of this chapter, the Chief, Records Management Division, will make the hearing transcript available in the electronic reading room. On or before the date of the hearing, the Chief, Records Management Division, will make the exhibits introduced at the hearing available on the NTSB website.
5. Amend 801.32 by revising paragraph b to read as follows:
801.32

Accident reports.

b These reports will be made available on the NTSB electronic reading room.
6. Revise 801.41 to read as follows:

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801.41

Reports to Congress.

The NTSB submits its annual report to Congress, in accordance with 49
U.S.C. 1117. The report will be available on the NTSBs website at https
www.ntsb.gov. Interested parties may purchase the report from the U.S.
Government Publishing Office or review it in the NTSBs electronic reading room. All other reports or comments to Congress will be available in the NTSBs electronic reading room.
Jennifer Homendy, Chair.
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National Oceanic and Atmospheric Administration 50 CFR Part 224
Docket No. 2112020250
RTID 0648XR115

Endangered and Threatened Species;
Removal of Siderastrea glynni From the Federal List of Threatened and Endangered Species National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Final rule.
AGENCY:

We, NMFS, are issuing a final rule to remove a coral, Siderastrea glynni, from the Federal List of Threatened and Endangered Species.
Recently obtained genetic and morphological information demonstrates that S. glynni does not meet the statutory definition of a species, and therefore does not qualify for listing under the Endangered Species Act ESA. Following public comment and peer review of the proposed rule and supporting scientific information, this final rule implements the changes to the listing for S. glynni.
DATES: This final rule is effective on January 31, 2022.
FOR FURTHER INFORMATION CONTACT:
Adrienne Lohe, NMFS Office of Protected Resources, Adrienne.Lohe@noaa.gov, 301 427
8442.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Background On July 15, 2013, WildEarth Guardians petitioned us to list 81
marine species, including Siderastrea glynni, as threatened or endangered under the ESA and to designate critical habitat. On October 25, 2013, we found that the petition presented substantial scientific information indicating that listing three species of foreign corals, including S. glynni, may be warranted, and initiated a Status Review 78 FR
63941.
The Status Review Meadows 2014
used the best available scientific and commercial data to consider the status of and extinction risk to each of the three species. The Status Review noted genetic similarities between S. glynni occurring in the eastern Pacific and the Caribbean coral species Siderastrea siderea but ultimately concluded that S.
glynni was a valid and unique species.
Based on the lack of known populations
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in the wild, existence of only a small captive population in a single location, low growth rate and genetic diversity, and potential increased threats from El Nino, climate change, disease, and habitat degradation should it be reintroduced to Panama, extinction risk for this species was assessed to be high.
Informed by the Status Review and the best available scientific and commercial data, NMFS published a final rule to list the species as endangered under the ESA on October 7, 2015, and the listing became effective on November 6, 2015
80 FR 60560.
On April 7, 2020, we announced a 5year review 85 FR 19456 for 3 foreign coral species including S. glynni. The 5year review was completed on September 16, 2020 NMFS 2020 and is available at: https
www.fisheries.noaa.gov/resource/
document/3-foreign-corals-5-yearreview. To complete the review, we collected, evaluated, and incorporated all information on the species that had become available since October 2015, the date of the final listing rule, including newly obtained genetic and morphological information relating to the taxonomy of S. glynni. This newly obtained information and the 5-year review inform the conclusions in this final rule.
Proposed Rule Under section 4c2 of the ESA, the Secretary shall conduct, at least once every 5 years, a review of a listed species and consider, among other things, whether a species listing status should be changed. Pursuant to implementing regulations at 50 CFR
424.11e, a species shall be delisted if the Secretary of Commerce finds that, after conducting a status review based on the best scientific and commercial data available:
1 The species is extinct;
2 The species does not meet the definition of an endangered species or a threatened species; or 3 The listed entity does not meet the statutory definition of a species.
Informed by the conclusions of the 5year review NMFS 2020 and our interpretation of the best available scientific and commercial data, on May 4, 2021, we issued a proposed rule 86
FR 23657 to remove S. glynni from the Federal List of Threatened and Endangered Species because it does not meet the statutory definition of a species. The proposed rule included the following finding on the identity of the species.
The discovery of S. glynni occurred in 1992 at Uraba Island, Panama Gulf, where five live colonies of Siderastrea
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