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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Proposed Rules
A federalism summary impact statement is not required. From a federalism perspective, the designation of critical habitat directly affects only the responsibilities of Federal agencies. The Act imposes no other duties with respect to critical habitat, either for States and local governments, or for anyone else. As a result, the proposed rule does not have substantial direct effects either on the States, or on the relationship between the Federal Government and the States, or on the distribution of powers and responsibilities among the various levels of government. As noted above, the proposed decision here would remove areas from designation.
Where State and local governments require approval or authorization from a Federal agency for actions that may affect critical habitat, consultation under section 7a2 of the Act would be required. While non-Federal entities that receive Federal funding, assistance, or permits, or that otherwise require approval or authorization from a Federal agency for an action, may be indirectly impacted by the designation of critical habitat, the legally binding duty to avoid destruction or adverse modification of critical habitat rests squarely on the Federal agency. Further, in this document, we are proposing only exclusions from the northern spotted owls critical habitat designation; we are not proposing to designate additional lands as critical habitat for the species.

khammond on DSKJM1Z7X2PROD with PROPOSALS

Civil Justice ReformExecutive Order 12988
In accordance with Executive Order 12988 Civil Justice Reform, the Office of the Solicitor has determined that the rule would not unduly burden the judicial system and that it meets the requirements of sections 3a and 3b2
of the Order. We have proposed revising designated critical habitat in accordance with the provisions of the Act. To assist the public in understanding the habitat needs of the species, the December 4, 2012, final rule 77 FR 71876 identifies the elements of physical or biological features essential to the conservation of the species, and we are not proposing any changes to those elements in this document. The areas we are proposing for exclusion from the designated critical habitat are described in this document and the maps and 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.

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Paperwork Reduction Act of 1995 44
U.S.C. 3501 et seq.
This rule does not contain information collection requirements, and a submission to the Office of Management and Budget OMB under the Paperwork Reduction Act of 1995
44 U.S.C. 3501 et seq. is not required.
We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
National Environmental Policy Act 42
U.S.C. 4321 et seq.
It is our position that, outside the jurisdiction of the U.S. Court of Appeals for the Tenth Circuit see Catron Cty.
Bd. of Commrs, New Mexico v. U.S.
Fish & Wildlife Serv., 75 F.3d 1429 10th Cir. 1996, we do not need to prepare environmental analyses pursuant to NEPA 42 U.S.C. 4321 et seq. in connection with designating critical habitat 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 in Douglas County v. Babbitt, 48 F.3d 1495
9th Cir. 1995.
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 and that Indian land occurs within the areas designated as critical habitat for the northern spotted owl. We will continue to work with Tribal entities during the development of a final rule for the revised designation of critical habitat for the northern spotted owl.
References Cited A complete list of references cited in this rulemaking is available on the internet at http www.regulations.gov
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and upon request from the Oregon Fish and Wildlife Office see FOR FURTHER
INFORMATION CONTACT.
Authors The primary authors of this proposed rule are the staff members of the Oregon Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Authority This action is authorized under 16
U.S.C. 15311544.
Martha Williams, Principal Deputy Director, Exercising the Delegated Authority of the Director, U.S. Fish and Wildlife Service.
FR Doc. 202115414 Filed 71921; 8:45 am BILLING CODE 433315P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 635
Docket No. 2105100103
RIN 0648BI08

Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries Management; Extension of Comment Period National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Proposed rule; extension of comment period.
AGENCY:

On May 21, 2021, NMFS
published the proposed rule for Draft Amendment 13 to the 2006
Consolidated Highly Migratory Species HMS Fishery Management Plan FMP
to modify management measures applicable to the incidental and directed bluefin fisheries. In the proposed rule, NMFS announced a 60-day comment period ending on July 20, 2021. During a public webinar, the Blue Water Fishermens Association requested that NMFS extend the comment period to provide additional opportunities for the public and other interested parties to consider and comment on the proposed measures and related analyses. NMFS is extending the comment period for this action until September 20, 2021. NMFS
will consider comments received on the proposed rule in determining whether
SUMMARY:

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