[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Rules and Regulations]
[Pages 26141-26142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09424]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2022-0021; FF09E22000 FXES1113090FEDR 223]
RIN 1018-BG60


Endangered and Threatened Wildlife and Plants; Removing 
Siderastrea glynni From the List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in 
accordance with the Endangered Species Act of 1973, as amended (Act), 
are amending the List of Endangered and Threatened Wildlife (List) by 
removing the coral Siderastrea glynni. This amendment is based on a 
previously published determination by the National Marine Fisheries 
Service (NMFS) of the National Oceanic and Atmospheric Administration, 
Department of Commerce, which has jurisdiction for this species.

DATES: This rule is effective May 3, 2022.
    Applicability date: The delisting of S. glynni was effective 
January 31, 2022.

ADDRESSES: This rule and the NMFS proposed and final rules may be found 
online at https://www.regulations.gov in Docket No. FWS-HQ-ES-2022-
0021.

FOR FURTHER INFORMATION CONTACT: Elizabeth Maclin, Chief, Branch of 
Delisting and Foreign Species, U.S. Fish and Wildlife Service, MS: ES, 
5275 Leesburg Pike, Falls Church, VA 22041-3803; 703-358-2646.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with the Act (16 U.S.C. 1531 et seq.) and 
Reorganization Plan No. 4 of 1970 (35 FR 15627; October 6, 1970), NMFS 
has jurisdiction over the marine taxon specified in this rule. Under 
section 4(a)(2) of the Act, NMFS must decide whether a species under 
its jurisdiction should be classified as an endangered or threatened 
species. Under section 4(a)(2)(B) of the Act, if NMFS determines that a 
species should be removed from the List (delisted), or that a species' 
status should be changed from an endangered to a threatened species, 
then NMFS is required to recommend the status change to the Service. 
NMFS makes these determinations via its rulemaking process. If the 
Service concurs with the recommended status change, then the Service 
will implement the status change by publishing a final rule to amend 
the List in title 50 of the Code of Federal Regulations (CFR) at 50 CFR 
17.11(h).
    On May 4, 2021, NMFS published a proposed rule (86 FR 23657) to 
remove S. glynni from the Federal List of Endangered and Threatened 
Wildlife. NMFS solicited public comments on the proposed rule through 
July 6, 2021. On December 30, 2021, NMFS published a final rule (86 FR 
74378) to remove S. glynni from the Federal List of Endangered and 
Threatened Wildlife.
    The delisting of S. glynni was effective January 31, 2022. In the 
December 30, 2021, final rule (86 FR 74378), NMFS addressed all public 
comments received in response to the proposed rule. By publishing this 
final rule, we are simply taking the necessary administrative step to 
codify these changes in the List at 50 CFR 17.11(h).

[[Page 26142]]

Administrative Procedure Act

    Because NMFS provided an opportunity for public comment on the 
proposed rule for this taxon, and we concur with the NMFS action, we 
find good cause that the notice and public comment procedures of 5 
U.S.C. 553(b) are unnecessary for this action. We also find good cause 
under 5 U.S.C. 553(d)(3) to make this rule effective immediately. The 
NMFS rule removed protection under the Act for this species and removed 
the species from the List at 50 CFR 224.101(h); this rule is an 
administrative action to remove the species from the List at 50 CFR 
17.11(h). The public would not be served by delaying the effective date 
of this rulemaking action.

Required Determinations

National Environmental Policy Act

    We have determined that an environmental assessment, as defined 
under the authority of the National Environmental Policy Act of 1969, 
need not be prepared in connection with regulations adopted pursuant to 
section 4(a) of the Act. We outlined our reasons for this determination 
in the Federal Register on October 25, 1983 (48 FR 49244).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the CFR, as set forth below.

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.


Sec.  17.11  [Amended]

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2. Amend Sec.  17.11 in paragraph (h) in the List of Endangered and 
Threatened Wildlife under Corals by removing the entry for ``Coral, (no 
common name) (Siderastrea glynni)''.

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-09424 Filed 5-2-22; 8:45 am]
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