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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Proposed Rules Proposed Rule box to locate this document. You may submit a comment by clicking on Comment.
2 By hard copy: Submit by U.S. mail:
Public Comments Processing, Attn:
FWSR1ES20200050, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041
3803.
We request that you send comments only by the methods described above.
We will post all comments on http
www.regulations.gov. This generally means that we will post any personal information you provide us see Information Requested, below, for more information.
Availability of supporting materials:
For the proposed critical habitat exclusions, maps and the coordinates or plot points or both of the subject areas are included in the administrative record and are available at http
www.fws.gov/oregonfwo and at http
www.regulations.gov under Docket No.
FWSR1ES20200050.
FOR FURTHER INFORMATION CONTACT: Paul Henson, Ph.D., State Supervisor, U.S.
Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Portland, OR 97266; telephone 5032316179. Persons who use a telecommunications device for the deaf TDD may call the Federal Relay Service at 8008778339.
SUPPLEMENTARY INFORMATION:

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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 governmental agencies, Native American Tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. Comments previously submitted in response to our August 11, 2020, proposed revision to critical habitat for the northern spotted owl 85
FR 48487 do not need to be resubmitted. We will consider those previously submitted comments in our final rule. In addition, we considered comments submitted in response to our March 1, 2021, final rule 86 FR 11892
extending the effective date of the January 15, 2021, final rule 86 FR 4820;
hereafter referred to as the January Exclusions Rule in our April 30, 2021, final rule extending the effective date of the January Exclusions Rule to December 15, 2021 86 FR 22876. We have also taken these comments into account in this proposed rule. Parties who would like to have the comments
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they submitted in response to our March 1, 2021, rule reconsidered here should resubmit their comments in response to this proposed rule.
We particularly seek comments concerning:
1 The reasons why we should or should not withdraw the January Exclusions Rule, which would exclude approximately 3.4 million acres of designated critical habitat for the northern spotted owl.
2 The reasons why we should or should not exclude areas as critical habitat under section 4 of the Act 16
U.S.C. 1531 et seq., including information regarding:
a The related benefits of including or excluding specific areas;
b Whether the benefits of exclusion outweigh those of inclusion; and c Whether the exclusion will not result in the extinction of the species.
3 Any probable economic, national security, or other relevant impacts of the designation on areas that are being considered for exclusion.
4 Any additional areas, including Federal lands, that should be considered for exclusion under section 4b2 of the Act and any probable economic, national security, or other relevant impacts of excluding those areas. If you think we should exclude any additional areas, please provide credible information regarding the existence of a meaningful economic or other relevant impact supporting a benefit of exclusion.
5 Specifically, any National Forest System lands managed by the U.S.
Department of Agricultures USDAs Forest Service USFS that should be considered for exclusion under section 4b2 of the Act and any probable economic, national security, or other relevant impacts of excluding those areas.
6 Any significant new information or analysis concerning economic impacts that we should consider in the balancing of the benefits of inclusion versus the benefits of exclusion in the final determination.
7 Whether and how ongoing litigation challenging the Bureau of Land Managements BLM management of Oregon and California Railroad Revested Lands O&C lands should be addressed in our final rule. See the BLM Harvest Land Base section below for more information regarding this litigation.
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.

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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 final determination, as section 4b2 of the Act directs that designations or revisions to critical habitat must be made 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 impact, of specifying any particular area as critical habitat.
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.
Because we will consider all comments and information we receive during the comment period, our final revision may differ from this proposal.
Based on the new information we receive and any comments on that new information, our final revision may not exclude all areas proposed, or it may exclude additional areas if we find that the benefits of exclusion outweigh the benefits of inclusion, or it may remove areas if we find that the area does not meet the definition of critical habitat.
Any changes made in the final rule should be of a type that could have been reasonably anticipated by the public.
Changes in a final revision would be reasonably anticipated if: 1 We base them on the best scientific and commercial data available and take into consideration the relevant impacts; 2
we articulate a rational connection between the facts found and the conclusions made, including why we changed our conclusion; and 3 we base removal of designation of any areas on a determination either that the area does not meet the definition of critical habitat or that the benefits of excluding
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