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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Proposed Rules
Information Requested, below, for more information.
Availability of supporting materials:
For the critical habitat designation, the draft economic analysis and the coordinates or plot points or both from which the maps are generated are included in the administrative record and are available at the Services internet site at https www.fws.gov/
southwest/es/AustinTexas/ and at http www.regulations.gov under Docket No. FWSR2ES20200015.
Any additional tools or supporting information that we may develop for the critical habitat designation will also be available at the Service website and field office set out above, and may also be included in the preamble and/or at http www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Adam Zerrenner, Field Supervisor, U.S.
Fish and Wildlife Service, Austin Ecological Services Field Office, 10711
Burnet Road, Suite 200, Austin, TX
78758; telephone 5124900057.
Persons who use a telecommunications device for the deaf TDD may call the Federal Relay Service at 8008778339.
SUPPLEMENTARY INFORMATION:
Executive Summary Why we need to publish a rule. Under the Act, if we determine that a species may be an endangered or threatened species throughout all or a significant portion of its range, we are required to promptly publish a proposal in the Federal Register and make a determination on our proposal within 1
year. To the maximum extent prudent and determinable, we must designate critical habitat for any species that we determine to be an endangered or threatened species under the Act.
Listing a species as an endangered or threatened species and designation of critical habitat can only be completed by issuing a rule.
What this document does. We propose to list the South Llano Springs moss as an endangered species under the Act, and we propose to designate critical habitat for the species on approximately 0.19 hectares ha 0.48
acres ac in Edwards County, Texas.
The basis for our action. Under the Act, we may determine that a species is an endangered or threatened species because of any of five factors: 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
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affecting its continued existence. We have determined that increased groundwater pumping from the Edwards-Trinity aquifer that supplies water for the springs that the South Llano Springs moss is dependent on, as well as flash floods, sedimentation, invasive plant species, small population size, a single population, and lack of genetic diversity, and cumulative impacts from these threats, threaten this plant species to the degree that listing it as an endangered species under the Act is warranted.
Section 4a3 of the Act requires the Secretary of the Interior Secretary to designate critical habitat concurrent with listing to the maximum extent prudent and determinable. Section 35A of the Act defines critical habitat as i the specific areas within the geographical area occupied by the species, at the time it is listed, on which are found those physical or biological features I essential to the conservation of the species and II which may require special management considerations or protections; and ii specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination by the Secretary that such areas are essential for the conservation of the species.
Section 4b2 of the Act states that the Secretary must make the designation on the basis of the best scientific data available and after taking into consideration the economic impact, the impact on national security, and any other relevant impacts of specifying any particular area as critical habitat.
We prepared a draft economic analysis of the proposed designation of critical habitat. In order to consider economic impacts, we prepared an analysis of the economic impacts of the proposed critical habitat designation.
We hereby announce the availability of the draft economic analysis and seek public review and comment.
Peer review. 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 the expert opinions of four appropriate specialists regarding the species status assessment report. We received a response from one specialist, which informed this proposed rule. The purpose of peer review is to ensure that our listing determination and critical habitat designation are based on scientifically sound data, assumptions, and analyses.
The peer reviewers we contacted have expertise in the biology, habitat, and threats to the species.

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Because we will consider all comments and information we receive during the comment period, our final determinations may differ from this proposal. Based on the new information we receive and any comments on that new information, we may conclude that the species is threatened instead of endangered, or we may conclude that the species does not warrant listing as either an endangered species or a threatened species. Such final decisions would be a logical outgrowth of this proposal, as long as we: a Base the decisions on the best scientific and commercial data available after considering all of the relevant factors;
2 do not rely on factors Congress has not intended us to consider; and 3
articulate a rational connection between the facts found and the conclusions made, including why we changed our conclusion.
Information Requested We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible.
Therefore, we request comments or information from other concerned governmental agencies, Native American tribes, the scientific community, industry, or any other interested parties concerning this proposed rule.
We particularly seek comments concerning:
1 The species biology, range, and population trends, including:
a Biological or ecological requirements of the species, including habitat requirements for feeding, breeding, and sheltering;
b Genetics and taxonomy;
c Historical and current range, including distribution patterns;
d Historical and current population levels, and current and projected trends;
and e Past and ongoing conservation measures for the species, its habitat, or both.
2 Factors that may affect the continued existence of the species, which may include habitat modification or destruction, overutilization, disease, predation, the inadequacy of existing regulatory mechanisms, or other natural or manmade factors.
3 Biological, commercial trade, or other relevant data concerning any threats or lack thereof to this species and existing regulations that may be addressing those threats.
4 Additional information concerning the historical and current status, range, distribution, and population size of this
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