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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Proposed Rules species, including the locations of any additional populations of this species.
5 The reasons why we should or should not designate habitat as critical habitat under section 4 of the Act 16
U.S.C. 1531 et seq., including information to inform the following factors that the regulations identify as reasons why designation of critical habitat may be not prudent:
a The species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of such threat to the species;
b 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;
c 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; or d No areas meet the definition of critical habitat.
6 Specific information on:
a The amount and distribution of the South Llano Springs moss habitat;
b What areas, that were occupied at the time of listing and that contain the physical or biological features essential to the conservation of the species, should be included in the designation and why;
c Special management considerations or protection that may be needed in the critical habitat area we are proposing, including managing for the potential effects of climate change; and d What areas not occupied at the time of listing are essential for the conservation of the species. We particularly seek comments:
i Regarding whether occupied areas are adequate for the conservation of the species; and ii Providing specific information regarding whether or not unoccupied areas would, with reasonable certainty, contribute to the conservation of the species and contain at least one physical or biological feature essential to the conservation of the species.
7 Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat.
8 Any probable economic, national security, or other relevant impacts of designating any area that may be included in the final designation, and the related benefits of including or excluding specific areas.

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9 Information on the extent to which the description of probable economic impacts in the draft economic analysis is a reasonable estimate of the likely economic impacts.
10 Whether any specific areas we are proposing for critical habitat designation should be considered for exclusion under section 4b2 of the Act, and whether the benefits of potentially excluding any specific area outweigh the benefits of including that area under section 4b2 of the Act.
11 Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments.
Please include sufficient information with your submission such as scientific journal articles or other publications to allow us to verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or opposition to, the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4b1A of the Act directs that determinations as to whether any species is an endangered or a threatened species must be made solely on the basis of the best scientific and commercial data available.
You may submit your comments and materials concerning this proposed rule by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES.
If you submit information via http
www.regulations.gov, your entire submissionincluding any personal identifying informationwill be posted on the website. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so.
We will post all hardcopy submissions on http www.regulations.gov.
Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on http www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Austin Ecological Services Field Office see FOR FURTHER
INFORMATION CONTACT.

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Public Hearing Section 4b5 of the Act provides for a public hearing on this proposal, if requested. Requests must be received by the date specified in DATES. Such requests must be sent to the address shown in FOR FURTHER INFORMATION
CONTACT. We will schedule a public hearing on this proposal, if requested, and announce the date, time, and place of the hearing, as well as how to obtain reasonable accommodations, in the Federal Register and local newspapers at least 15 days before the hearing. For the immediate future, we will provide these public hearings using webinars that will be announced on the Services website, in addition to the Federal Register. The use of these virtual public hearings is consistent with our regulation at 50 CFR 424.16c3.
Previous Federal Actions On June 18, 2007, we received a formal petition from Forest Guardians later named WildEarth Guardians to list 475 species in the southwestern United States, including the South Llano Springs moss, as endangered or threatened species under the Act. On March 19, 2008, WildEarth Guardians filed a complaint that the Service failed to comply with the mandatory duty to make a preliminary 90-day finding. On January 6, 2009, we published in the Federal Register 74 FR 419 a 90-day finding that the petition did not present sufficient information to indicate that listing the South Llano Springs moss may be warranted. On December 16, 2009, we published a new 90-day finding, based on a re-evaluation of the information presented in the petition and readily available in our files, that the petition provided substantial information indicating that listing of the South Llano Springs moss may be warranted based on the present or threatened destruction, modification, or curtailment of habitat or range as a result of drought or changes in hydrology 74 FR 66866.
Supporting Documents A species status assessment SSA
team prepared an SSA report for the South Llano Springs moss. The SSA
team was composed of Service biologists, in consultation with other species experts. The SSA report represents a compilation of the best scientific and commercial data available concerning the status of the species, including the impacts of past, present, and future factors both negative and beneficial affecting the species. The Service sent the SSA report to four independent peer reviewers and
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