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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
implications refers to regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. This final rule does not have federalism implications; therefore, the agency did not follow the additional consultation procedures outlined in E.O. 13132.
This rule does not contain any collections of information that require approval by OMB under the Paperwork Reduction Act 44 U.S.C. 3501 et seq..
This rule will not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations.
E.O. 12898 requires that Federal actions address environmental justice in the decision-making process. In particular, the environmental effects of the actions should not have a disproportionate effect on minority and low-income communities. This rule is not expected to have a disproportionate effect on minority populations or lowincome populations.

This final rule makes taxonomic changes relative to a previous listing determination under the ESA to reflect the best available scientific information about the species taxonomy and nomenclature. NMFS has concluded that National Environmental Policy Act NEPA does not apply to ESA listing actions, and we conclude that NEPA
does not apply to this correction to the description and identification of the listed species to reflect the best available scientific information. See NOAA Administrative Order 2166A
and the Companion Manual for NOAA
Administrative Order 2166A, regarding Policy and Procedures for Compliance with the National Environmental Policy Act and Related Authorities.

Dated: August 18, 2021.
Kelly Denit, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

References Cited

Rosel, P.E., Wilcox, L.A., Yamada, T.K., Mullin, K.D. 2021. A new species of baleen whale Balaenoptera from the Gulf of Mexico, with a review of its geographic distribution. Marine Mammal Science, 134.

List of Subjects in 50 CFR Part 224
Endangered and threatened species, Exports, Imports, Reporting and Recordkeeping requirements, Transportation.

For the reasons set out in the preamble, we amend part 224, subchapter C of chapter II, title 50 of the Code of Federal Regulations, as set forth below:
PART 224ENDANGERED MARINE
AND ANADROMOUS SPECIES
1. The authority citation for part 224
continues to read as follows:

Authority: 16 U.S.C. 15311543 and 16
U.S.C. 1361 et seq.

2. In 224.101, in paragraph h, under Marine Mammals, remove the entry for Whale, Brydes Gulf of Mexico subspecies and add an entry for Whale, Rices in alphabetical order.
The addition reads as follows:

224.101 Enumeration of endangered marine and anadromous species.

h

Species 1
Common name
Description of listed entity
Scientific name
Citations for listing determinations
Critical habitat

84 FR 15446, April 15, 2019.

NA

ESA rules
Marine Mammals
Whale, Rices

Balaenoptera ricei

Entire Species

1 Species

NA.

includes taxonomic species, subspecies, distinct population segments DPSs for a policy statement, see 61 FR 4722, February 7, 1996, and evolutionarily significant units ESUs for a policy statement, see 56 FR 58612, November 20, 1991.

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