United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2026_register executive 2026-07-21 article Rules and Regulations D09002ee1e571a941 D09002ee1e571a9a1 United States Department of the Interior originator org United States Government Agency or Subagency United States Fish and Wildlife Service originator org United States Government Agency or Subagency We, the U.S. Fish and Wildlife Service (FWS or the Service), amend portions of our regulations for section 4 of the Endangered Species Act of 1973, as amended (Act or ESA). Specifically, we revise regulations related to section 4(b)(2) of the Act. Section 4(b)(2) requires consideration of the economic impact, the impact on national security, and any other relevant impact of designating any particular area as critical habitat and authorizes the exclusion of areas from critical habitat if the benefits of excluding the area outweigh the benefits of designating it as critical habitat. These revisions articulate when and how we determine whether the benefits of excluding an area outweigh the benefits of designating the area as critical habitat (exclusion analysis). This rule reflects the Service's experience and existing case law. The intended effect of this rule is to provide greater transparency and certainty for the public and stakeholders regarding the 4(b)(2) exclusion process. 91 FR 45662 https://www.govinfo.gov/app/details/FR-2026-07-21/2026-14629 2026-14629 fr21jy26-11 RIN 1018-BI76 4333-15-P Docket No. FWS-HQ-ES-2025-0048 FXES11110900000-267-FF09E23000 https://www.govinfo.gov/app/details/FR-2026-07-21/2026-14629 https://www.govinfo.gov/content/pkg/FR-2026-07-21/html/2026-14629.htm https://www.govinfo.gov/content/pkg/FR-2026-07-21/pdf/2026-14629.pdf Endangered and Threatened Species Exports Imports Plants Reporting and Recordkeeping Requirements Transportation Wildlife 22 p. 45662 45683 91 FR 45662 Title 50 Part 17 50 CFR Part 17 RIN 1018-BI76 Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat; Federal Register Vol. 91, Issue RULE 2026-14629 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 2026-08-20 Docket No. FWS-HQ-ES-2025-0048 FXES11110900000-267-FF09E23000 4333-15-P 2026-14629 Final rule.

We, the U.S. Fish and Wildlife Service (FWS or the Service), amend portions of our regulations for section 4 of the Endangered Species Act of 1973, as amended (Act or ESA). Specifically, we revise regulations related to section 4(b)(2) of the Act. Section 4(b)(2) requires consideration of the economic impact, the impact on national security, and any other relevant impact of designating any particular area as critical habitat and authorizes the exclusion of areas from critical habitat if the benefits of excluding the area outweigh the benefits of designating it as critical habitat. These revisions articulate when and how we determine whether the benefits of excluding an area outweigh the benefits of designating the area as critical habitat (exclusion analysis). This rule reflects the Service's experience and existing case law. The intended effect of this rule is to provide greater transparency and certainty for the public and stakeholders regarding the 4(b)(2) exclusion process.

This rule is effective August 20, 2026. John Tirpak, U.S. Fish and Wildlife Service, Division of Conservation and Classification; 703-358-2163; john_tirpak@fws.gov. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point- of-contact in the United States. Endangered and Threatened Species Exports Imports Plants Reporting and Recordkeeping Requirements Transportation Wildlife Endangered and Threatened Species Regulations for Designating Critical Habitat, john_tirpak@fws.gov https://www.doi.gov/media/document/doi-nepa-handbook https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37016.pdf https://www.regulations.gov Regulations.gov Vol. 91, no. 138 Office of the Federal Register, National Archives and Records Administration 2026-07-21 continuing daily deposited born digital 363 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2026-07-21 P0b002ee1e5716bff 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr21jy26 https://www.govinfo.gov/app/details/FR-2026-07-21 https://www.govinfo.gov/content/pkg/FR-2026-07-21/pdf/FR-2026-07-21.pdf https://www.govinfo.gov/content/pkg/FR-2026-07-21/xml/FR-2026-07-21.xml fdlp 45637 45989 DGPO 2026-07-21 2026-07-21 FR-2026-07-21 machine generated eng FR FR-2026-07-21 91 138