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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations
nations healthcare community in responding to COVID19. On March 11, 2020, the World Health Organization WHO publicly declared COVID19 a pandemic. On March 13, 2020, the President declared the COVID19
pandemic a national emergency. This declaration, along with the Secretarys January 31, 2020 declaration of a PHE, conferred on the Secretary certain waiver authorities under section 1135 of the Act. On March 13, 2020, the Secretary authorized waivers under section 1135 of the Act, effective March 1, 2020.1 Effective July 20, 2021, the Secretary renewed the January 31, 2020
determination that was previously renewed on April 21, 2020, July 23, 2020, October 2, 2020, January 7, 2021, April 15, 2021, and July 19, 2021, that a PHE exists and has existed since January 27, 2020. The unprecedented nature of this national emergency has placed enormous responsibilities upon CMS to respond appropriately, and resources have had to be re-allocated throughout the agency in order to be responsive.
Due to the PHE and in accordance with section 1871a3C of the Act, on September 8, 2020 85 FR 55385, we published a second document continuing the effectiveness of effect and the regular timeline for publication of the final rule for an additional year, until September 6, 2021.
Because of CMSs continued efforts to address resource challenges resulting from the PHE and consistent with section 1871a3C of the Act, we are publishing a third notice of continuation extending the effectiveness of the technical conforming changes to the Medicare regulations that were implemented through interim final rule and to allow time to publish a final rule.
Therefore, the Medicare provisions adopted in interim final regulation continue in effect and the regular timeline for publication of the final rule is extended for an additional year, until September 6, 2022.
Karuna Seshasai, Executive Secretary to the Department, Department of Health and Human Services.
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service 50 CFR Part 17
Docket No. FWSR4ES20180069;
FF09E21000 FXES11110900000 212
RIN 1018BD36

Endangered and Threatened Wildlife and Plants; Endangered Species Status for Slenderclaw Crayfish and Designation of Critical Habitat Fish and Wildlife Service, Interior.
ACTION: Final rule.
AGENCY:

We, the U.S. Fish and Wildlife Service Service, determine endangered species status under the Endangered Species Act of 1973, as amended Act, for the slenderclaw crayfish Cambarus cracens, a cryptic freshwater crustacean that is endemic to streams on Sand Mountain within the Tennessee River Basin in DeKalb and Marshall Counties, Alabama. This rule adds this species to the Federal List of Endangered and Threatened Wildlife. In addition, we designate approximately 78 river miles 126 river kilometers in DeKalb and Marshall Counties, Alabama, as critical habitat for the species under the Act.
DATES: This rule is effective October 8, 2021.
ADDRESSES: This final rule is available on the internet at http
www.regulations.gov under Docket No.
FWSR4ES20180069 and at https
www.fws.gov/southeast/. Comments and materials we received, as well as supporting documentation we used in preparing this rule, are available for public inspection at http
www.regulations.gov under Docket No.
FWSR4ES20180069. Comments, materials, and documentation that we considered in this rulemaking will be available by appointment, during normal business hours at: U.S. Fish and Wildlife Service, Alabama Ecological Services Field Office see FOR FURTHER
INFORMATION CONTACT.
The coordinates or plot points or both from which the maps are generated are included in the administrative record for this critical habitat designation and are available at http
www.regulations.gov under Docket No.
FWSR4ES20180069, at https
www.fws.gov/southeast/, and at the Alabama Ecological Services Field Office see FOR FURTHER INFORMATION
CONTACT. Any additional tools or supporting information that we developed for this critical habitat SUMMARY:

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designation will also be available at the Service website and Field Office set out above, and may also be included in the preamble and/or at http
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:

William Pearson, Field Supervisor, U.S.
Fish and Wildlife Service, Alabama Ecological Services Field Office, 1208
B Main Street, Daphne, AL 36526;
telephone 2514415870. Persons who use a telecommunications device for the deaf TDD may call the Federal Relay Service at 8008778339.
SUPPLEMENTARY INFORMATION:
Executive Summary Why we need to publish a rule. Under the Act, a species may warrant protection through listing if it is endangered or threatened throughout all or a significant portion of its range. In addition, to the maximum extent prudent and determinable, we must designate critical habitat for any species that we determine to be an endangered or threatened species under the Act.
Listing a species as an endangered or threatened species and designation of critical habitat can only be completed by issuing a rule.
What this rule does. This rule will list the slenderclaw crayfish Cambarus cracens as an endangered species and will finalize the designation of critical habitat for the species under the Act.
Accordingly, this rule revises part 17 of title 50 of the Code of Federal Regulations at 50 CFR 17.11 and 17.95.
The basis for our action. Under the Act, we may determine that a species is an endangered or threatened species based on any of five factors: A The present or threatened destruction, modification, or curtailment of its habitat or range; B overutilization for commercial, recreational, scientific, or educational purposes; C disease or predation; D the inadequacy of existing regulatory mechanisms; or E
other natural or manmade factors affecting its continued existence. We have determined that the slenderclaw crayfish is threatened by competition from a nonnative species Factors A and E and habitat degradation resulting from poor water quality Factor A.
Under section 4a3 of the Act, if we determine that any species is an endangered or threatened species we must, to the maximum extent prudent and determinable, designate critical habitat. Under section 4b2 of the Act, the Secretary shall designate critical habitat on the basis of the best available scientific data after taking into consideration the economic impact, national security impact, and any other
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