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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
expected to increase the degree of such threat to the species;
ii The present or threatened destruction, modification, or curtailment of a species habitat or range is not a threat to the species, or threats to the species habitat stem solely from causes that cannot be addressed through management actions resulting from consultations under section 7a2 of the Act;
iii Areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States;
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.
In the proposed listing rule 84 FR
67060; December 6, 2019, we determined that designation of critical habitat for Bartrams stonecrop would not be prudent. However, we invited public comment and requested information on the threats of taking or other human activity, on Bartrams stonecrop and its habitat, and the extent to which designation might increase those threats.
During the comment period, we did not receive any substantive comments, or any comments that would require us to change the not prudent determination or our rationale for it see 84 FR 67060, December 6, 2019, p. 84 FR 67088.
Therefore, we restate our conclusion that the designation of critical habitat is not prudent, in accordance with 50 CFR
424.12a1, because Bartrams stonecrop faces a threat by collection, and designation can reasonably be expected to increase the degree of these threats to the species by making location information more readily available.
Scientific name
We determined that no Tribal interests will be affected by this rule.

Required Determinations National Environmental Policy Act 42
U.S.C. 4321 et seq.

References Cited
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 the National Environmental Policy Act NEPA; 42 U.S.C. 4321 et seq. 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. 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.
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.

Common name
Where listed

Bartrams stonecrop

Wherever found

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.
FWSR2ES20180104 and upon request from the Arizona 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 the Arizona 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 17.12 in paragraph h, the List of Endangered and Threatened Plants, by adding an entry for Graptopetalum bartramii in alphabetical order under FLOWERING
PLANTS to read as follows:

17.12

Endangered and threatened plants.

h

Listing citations and applicable rules
Status
FLOWERING PLANTS

Graptopetalum bartramii
khammond on DSKJM1Z7X2PROD with RULES

3. Add 17.73 to read as follows:

17.73

Special rulesflowering plants.

a Graptopetalum bartramii Bartrams stonecrop1 Prohibitions.

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The following prohibitions apply to Graptopetalum bartramii, except as provided under paragraph a2 of this section:

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THE DOCUMENT BEGINS, 8/31/2021; 50 CFR
17.73a. 4d
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i Import or export. It is unlawful to import or to export any Graptopetalum bartramii. Any shipment in transit through the United States is an importation and an exportation,
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