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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations receiving the appeal, an applicant may arbitrate the decision of FEMA. To request arbitration, the applicant must first electronically submit a withdrawal of the pending appeal simultaneously to the recipient and the FEMA Regional Administrator. The applicant must then submit a request for arbitration to the recipient, the CBCA, and FEMA within 30 calendar days from the date of the withdrawal of the pending appeal.
C Content of request. The request for arbitration must contain a written statement that specifies the amount in dispute, all documentation supporting the position of the applicant, the disaster number, and the name and address of the applicants authorized representative or counsel.
iv Expenses. Expenses for each party will be paid by the party who incurred the expense.
v Guidance. FEMA may issue separate guidance as necessary to supplement paragraph b3 of this section.
c Finality of decision. 1 A FEMA
final agency determination or a decision of the Assistant Administrator for the Recovery Directorate on a second appeal constitutes a final decision of FEMA.
Final decisions are not subject to further administrative review.
2 In the alternative, a decision of the majority of the CBCA panel constitutes a final decision, binding on all parties.
See 48 CFR 6106.613. Final decisions are not subject to further administrative review.
Deanne B. Criswell, Administrator, Federal Emergency Management Agency.
FR Doc. 202117213 Filed 81321; 8:45 am BILLING CODE 911119P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service 50 CFR Part 17
Docket No. FWSR4ES20190080;
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Endangered and Threatened Wildlife and Plants; Removing Arenaria cumberlandensis Cumberland Sandwort From the Federal List of Endangered and Threatened Plants Fish and Wildlife Service, Interior.
ACTION: Final rule.
AGENCY:

We, the U.S. Fish and Wildlife Service Service, are removing Cumberland sandwort Arenaria
SUMMARY:

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cumberlandensis from the Federal List of Endangered and Threatened Plants List. This determination is based on a thorough review of the best available scientific and commercial data, which indicate that Cumberland sandwort has recovered and no longer meets the definition of an endangered or a threatened species under the Endangered Species Act of 1973, as amended Act. Our review shows that threats to the species identified at the time of listing i.e., timber harvesting, trampling from recreational uses, and digging for archaeological artifacts have been reduced to the point that they no longer pose a threat to the species, and the known range and abundance of Cumberland sandwort have increased.
Our review also indicates that potential effects of projected climate change are not expected to cause the species to become endangered in the foreseeable future. Accordingly, the prohibitions and conservation measures provided by the Act will no longer apply to this species.
DATES: This rule is effective September 15, 2021.
ADDRESSES: The proposed rule and this final rule, supporting documents, the post-delisting monitoring plan, and the comments received on the proposed rule are available at http
www.regulations.gov under Docket No.
FWSR4ES20190080.
FOR FURTHER INFORMATION CONTACT:
Daniel Elbert, Field Supervisor, U.S.
Fish and Wildlife Service, Tennessee Ecological Services Field Office, 446
Neal Street, Cookeville, TN 38501;
telephone 931 5286481. Individuals who use a telecommunications device for the deaf TDD, may call the Federal Relay Service at 800 8778339.
SUPPLEMENTARY INFORMATION:
Executive Summary Why we need to publish a rule. Under the Act, a species may be removed from the Federal List of Endangered and Threatened Plants List delisted if it is determined that the species has recovered and no longer meets the definition of an endangered or threatened species. Removing a species from the List can only be completed by issuing a rule.
What this document does. This rule delists Cumberland sandwort from the Federal List of Endangered and Threatened Plants based on the species recovery.
The basis for our action. Under the Act, we may determine that a species is an endangered or threatened species because of one or more of the five factors described in section 4a1 of the
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Act: A The present or threatened destruction, modification, or curtailment of its habitat or range; B
overutilization for commercial, recreational, scientific, or educational purposes; C disease or predation; D
the inadequacy of existing regulatory mechanisms; or E other natural or manmade factors affecting its continued existence. We must consider these same factors in delisting a species.
We have determined that Cumberland sandwort is not in danger of extinction now nor likely to become so in the foreseeable future based on a comprehensive review of its status and listing factors. Specifically, our recent review indicated: 1 An increase in the known number of occurrences of the species within its geographically restricted range, and increased abundance in some occurrences; 2
resiliency to existing and potential threats; 3 the protection of 66 extant occurrences located on Federal and State conservation lands by regulations or management plans to prevent habitat destruction or removal of plants; and 4
the implementation of beneficial management practices. Accordingly, Cumberland sandwort no longer meets the definition of an endangered or threatened species under the Act.
Peer review and public comment. In accordance with our joint policy on peer review published in the Federal Register on July 1, 1994 59 FR 34270, and our August 22, 2016, memorandum updating and clarifying the role of peer review of listing actions under the Act, we sought peer review of our April 27, 2020, proposed rule to delist the species 85 FR 23302. The Service sent the proposed rule to five independent peer reviewers and received three responses.
The purpose of peer review is to ensure that our determination is based on scientifically sound data, assumptions, and analyses. The peer reviewers have expertise in the biology, habitat, and threats to the species.
Previous Federal Actions On April 27, 2020, we published in the Federal Register 85 FR 23302 a proposed rule to remove Cumberland sandwort from the Federal List of Endangered and Threatened Plants i.e., to delist the species. Please refer to that proposed rule for a detailed description of previous Federal actions concerning this species. The proposed rule and supplemental documents are provided at http www.regulations.gov under Docket No. FWSR4ES20190080.

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