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Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations
clarified by the use of molecular tools Todd 2008, Budd et al. 2010. There is strong evidence for the synonymy of S.
glynni and S. siderea based on genetic analyses of the corals and their endosymbionts by Forsman et al. 2005
and LaJeunesse et al. 2016, respectively. Through comparison of ribosomal DNA sequences of the two corals, S. glynni was found to share identical sequence types with S. siderea Forsman et al. 2005, and molecular analysis of endosymbionts hosted by S.
glynni provides evidence that these colonies originated from the Atlantic LaJeunesse et al. 2016, as discussed in the proposed rule and above. Therefore, despite morphological differences between S. glynni and S. siderea, there is no evidence that the former is a subspecies of the latter. The best available scientific information supports our conclusion that S. glynni is an introduced population of S. siderea from the tropical western Atlantic and is therefore not a distinct subspecies of S. siderea.
Summary of Changes From Proposed Rule We evaluated whether any pertinent scientific or commercial information has become available since publication of the proposed rule. We reviewed the best available scientific and commercial information, including the information in the peer reviews of the proposed rule 86 FR 23657; May 4, 2021 and public comments. Based on this information, we have made no changes in this final rule from the proposed rule.

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Final Determination and Effects of Determination As proposed on May 4, 2021 86 FR
23657, with this final rule we remove S. glynni from the Federal List of Threatened and Endangered Species because the best available data indicate that the listed entity is synonymous with S. siderea and does not meet the statutory definition of a species. As of the effective date, the protections of the ESA will no longer apply to S. glynni.
In addition, because S. siderea is not listed as an endangered species or threatened species under the ESA, our delisting of S. glynni has no effect on S.
siderea.
Under section 4g of the ESA and per the joint NMFS-U.S. Fish and Wildlife Service Post-Delisting Monitoring Plan Guidance 2008, updated in 2018, postdelisting monitoring is required for species delisted due to biological recovery, but not for species delisted for other reasons. Therefore, there is no
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need for a post-delisting monitoring plan for S. glynni.
References Cited The complete citations for the references used in this document can be obtained by contacting NMFS See FOR
FURTHER INFORMATION CONTACT.
Information Quality Act and Peer Review In December 2004, the Office of Management and Budget OMB issued a Final Information Quality Bulletin for Peer Review establishing minimum peer review standards, a transparent process for public disclosure of peer review planning, and opportunities for public participation. The OMB Peer Review Bulletin, implemented under the Information Quality Act Pub. L. 106
554, is intended to enhance the quality and credibility of the Federal governments scientific information, and applies to influential or highly influential scientific information disseminated on or after June 16, 2005.
To satisfy our requirements under the OMB Peer Review Bulletin, the proposed rule was subject to peer review in accordance with the Bulletin.
A peer review plan was posted on the NOAA peer review agenda and can be found at the following website: https
www.noaa.gov/organization/
information-technology/informationquality-peer-review-id423. The agency did not receive public comments on the plan. Our synthesis and assessment of scientific information supporting this proposed action was peer reviewed via individual letters soliciting the expert opinions of four qualified specialists selected from the academic and scientific community. The charge to the peer reviewers and the peer review report have been placed in the administrative record and posted on the agencys peer review agenda. In meeting the OMB Peer Review Bulletin requirements, we have also satisfied the requirements of the 1994 joint U.S. Fish and Wildlife Service/NMFS peer review policy 59 FR 34270; July 1, 1994.
Classification
The 1982 amendments to the ESA, in section 4b1A, restrict the information that may be considered when assessing species for listing to the best scientific and commercial data available. Based on this limitation of criteria for a listing decision and the opinion in Pacific Legal Foundation v.
Andrus, 657 F. 2d 829 6th Cir. 1981,
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Executive Order 12866, Regulatory Flexibility Act, and Paperwork Reduction Act As noted in the Conference Report on the 1982 amendments to the ESA, economic impacts cannot be considered when assessing the status of a species.
Therefore, the economic analysis requirements of the Regulatory Flexibility Act are not applicable to the listing process. In addition, this final rule is exempt from review under Executive Order 12866. This final rule does not contain a collection of information requirement for the purposes of the Paperwork Reduction Act.
Executive Order 13132, Federalism E.O. 13132 requires agencies to take into account any federalism impacts of regulations under development. It includes specific consultation directives for situations where a regulation will preempt state law, or impose substantial direct compliance costs on state and local governments unless required by statute. Neither of these circumstances is applicable to this final rule.
List of Subjects 50 CFR Part 224
Endangered and threatened species.
Dated: December 22, 2021.
Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 224 is amended as follows:
PART 224ENDANGERED MARINE
AND ANADROMOUS SPECIES
1. The authority citation for part 224
continues to read as follows:

National Environmental Policy Act NEPA

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NMFS has concluded that ESA listing actions are not subject to the environmental assessment requirements of the National Environmental Policy Act NEPA.

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

2. In 224.101, in the table in paragraph h, under the subheading Corals, remove the entry for Coral, no common name Siderastrea glynni.

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