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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules identified for which this designation of critical habitat would be not prudent, we have determined that the designation of critical habitat is prudent for both DPSs of the lesser prairiechicken.

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Critical Habitat Determinability Having determined that designation is prudent, under section 4a3 of the Act we must find whether critical habitat for the Northern DPS and the Southern DPS
of lesser prairie-chicken is determinable. Our regulations at 50 CFR
424.12a2 state that critical habitat is not determinable when one or both of the following situations exist:
i Data sufficient to perform required analyses are lacking, or ii The biological needs of the species are not sufficiently well known to identify any area that meets the definition of critical habitat.
We reviewed the available information pertaining to the biological needs of the species and habitat characteristics where this species is located and data that would be needed to perform other required analyses. A
careful assessment of the economic impacts that may occur due to a critical habitat designation is not yet complete, and we are in the process of working with the States and other partners in acquiring the complex information needed to perform that assessment.
Because the information sufficient to perform a required analysis of the impacts of the designation is lacking, we therefore conclude that the designation of critical habitat for both the Southern DPS and the Northern DPS of the lesser prairie-chicken to be not determinable at this time. The Act allows the Service an additional year to publish a critical habitat designation that is not determinable at the time of listing 16
U.S.C. 1533b6Cii.
Public Hearings We have scheduled two public informational meeting with public hearings on this proposed rule for the lesser prairie-chicken. We will hold the public informational meetings and public hearings on the dates and at the times listed above under Public informational meeting and public hearing in DATES. We are holding the public informational meetings and public hearings via the Zoom online video platform and via teleconference so that participants can attend remotely.
For security purposes, registration is required. To listen and view the meeting and hearing via Zoom, listen to the meeting and hearing by telephone, or provide oral public comments at the public hearing by Zoom or telephone,
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you must register. For information on how to register, or if you encounter problems joining Zoom the day of the meeting, visit https www.fws.gov/
southwest/. Registrants will receive the Zoom link and the telephone number for the public informational meetings and public hearings. If applicable, interested members of the public not familiar with the Zoom platform should view the Zoom video tutorials https
support.zoom.us/hc/en-us/articles/
206618765-Zoom-video-tutorials prior to the public informational meetings and public hearings.
The public hearings will provide interested parties an opportunity to present verbal testimony formal, oral comments regarding this proposed rule.
While the public informational meetings will be an opportunity for dialogue with the Service, the public hearings are not:
They are a forum for accepting formal verbal testimony. In the event there is a large attendance, the time allotted for oral statements may be limited.
Therefore, anyone wishing to make an oral statement at the public hearings for the record is encouraged to provide a prepared written copy of their statement to us through the Federal eRulemaking Portal, or U.S. mail see ADDRESSES, above. There are no limits on the length of written comments submitted to us.
Anyone wishing to make an oral statement at the public hearings must register before the hearing https
www.fws.gov/southwest/. The use of a virtual public hearing is consistent with our regulations at 50 CFR 424.16c3.
Required Determinations Clarity of the Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must:
1 Be logically organized;
2 Use the active voice to address readers directly;
3 Use clear language rather than jargon;
4 Be divided into short sections and sentences; and 5 Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc.

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National Environmental Policy Act 42
U.S.C. 4321 et seq.
We have determined that environmental assessments and environmental impact statements, as defined under the authority of the National Environmental Policy Act NEPA; 42 U.S.C. 4321 et seq., need not be prepared in connection with regulations adopted pursuant to section 4a of the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 48 FR 49244.
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.
We solicited information from all of the Tribes within the entire range of the lesser prairie-chicken to inform the development of the SSA report, and notified Tribes of our upcoming proposed listing determination. We also provided these Tribes the opportunity to review a draft of the SSA report and provide input prior to making our proposed determination on the status of the lesser prairie-chicken but did not receive any responses. We will continue to coordinate with affected Tribes throughout the listing process as appropriate.
References Cited A complete list of references cited in this rulemaking is available on the internet at http www.regulations.gov and upon request from the Arlington Ecological Services Field Office see FOR
FURTHER INFORMATION CONTACT.
Authors The primary authors of this proposed rule are the staff members of the Fish
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