254 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance no 

longer 

available in 

SFHAs 

Mohawk, Town of, Montgomery County 360452 July 18, 1975, Emerg; August 5, 1985, Reg; 

January 19, 2018, Susp. 

......do ............... Do. 

Palatine, Town of, Montgomery County 361413 March 8, 1977, Emerg; May 4, 1987, Reg; 

January 19, 2018, Susp. 

......do ............... Do. 

Root, Town of, Montgomery County ..... 360455 November 3, 1975, Emerg; April 1, 1988, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Saint Johnsville, Town of, Montgomery 

County.

360456 March 9, 1977, Emerg; March 16, 1983, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Saint Johnsville, Village of, Montgomery 

County.

360457 October 23, 1974, Emerg; February 19, 

1986, Reg; January 19, 2018, Susp. 

......do ............... Do. 

Region IV 

Florida: Fanning Springs, City of, Gilchrist 

and Levy Counties.

120146 August 22, 1975, Emerg; September 5, 

1984, Reg; January 19, 2018, Susp. 

......do ............... Do. 

Region VI 

Texas: 

Dayton Lakes, City of, Liberty County .. 481593 August 12, 1985, Emerg; November 15, 

1989, Reg; January 19, 2018, Susp. 

January 19, 

2018.

January 19, 

2018. 

Hardin, City of, Liberty County .............. 481270 June 1, 1976, Emerg; April 9, 1985, Reg; 

January 19, 2018, Susp. 

......do ............... Do. 

Kenefick, City of, Liberty County ........... 481523 N/A, Emerg; June 20, 2008, Reg; January 

19, 2018, Susp. 

......do ............... Do. 

Region X 

Oregon: 

Eagle Point, City of, Jackson County .... 410093 June 5, 1974, Emerg; September 30, 1980, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Jackson County, Unincorporated Areas 415589 December 31, 1970, Emerg; April 1, 1982, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Shady Cove, City of, Jackson County .. 410099 August 23, 1974, Emerg; September 30, 

1980, Reg; January 19, 2018, Susp. 

......do ............... Do. 

Washington: Camas, City of, Clark County 530026 April 24, 1974, Emerg; February 18, 1981, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

* do = Ditto. 

Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension. 

Dated: December 21, 2017. 

Eric Letvin, 

Deputy Assistant Administrator for 

Mitigation, Federal Insurance and Mitigation 

Administration, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2017–28429 Filed 1–2–18; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 10–90, WT Docket No. 10– 

208; DA 17–1218] 

Mobility Fund Phase II Challenge 

Process Handsets and Access 

Procedures for the Challenge Process 

Portal 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; requirements and 

procedures. 

SUMMARY: In this document, the Rural 

Broadband Auctions Task Force, with 

the Wireline Competition Bureau and 

the Wireless Telecommunications 

Bureau, provide further guidance on the 

handsets that mobile wireless providers 

in the Mobility Fund Phase II challenge 

process can designate for challengers to 

use when conducting speed tests in 

areas deemed presumptively ineligible 

for MF–II support. This document 

adopts procedures for challengers to 

request access to the Universal Service 

Administrative Company challenge 

process portal. 

DATES: Parties may submit the list of 

provider-approved handsets as part of 

their 4G LTE coverage data filings due 

by January 4, 2018, or they may elect to 

supplement those filings with the 

handset list by no later than thirty days 

following the publication of this 

document in the Federal Register. 

ADDRESSES: Submit responses to the 

MF–II 4G LTE data collections, 

including the list of provider-approved 

handsets, at www.fcc.gov/MF2-LTECollection. Submit waivers by email to 

mf2challengeprocess@fcc.gov or by hard 

copy to Margaret W. Wiener, Chief, 

Auctions and Spectrum Access 

Division, Wireless Telecommunications 

Bureau, FCC, 445 12th Street SW, Room 

6–C217, Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Wireless Telecommunications Bureau, 

Auction and Spectrum Access Division, 

Jonathan McCormack, at (202) 418– 

0660. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Public Notice (MF–II 

Challenge Process Handset Public 

Notice), WC Docket No. 10–90, WT 

Docket No. 10–208, DA 17–1218, 

adopted on December 20, 2017, and 

released on December 20, 2017. The 

complete text of the MF–II Challenge 

Process Handset Public Notice is 

available for public inspection and 

copying from 8:00 a.m. to 4:30 p.m. 

Eastern Time (ET) Monday through 

Thursday or from 8:00 a.m. to 11:30 a.m. 

ET on Fridays in the FCC Reference 

Information Center, 445 12th Street SW, 

Room CY–A257, Washington, DC 20554. 

The complete text is also available on 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations 255 

the Commission’s website at https://

ecfsapi.fcc.gov/file/122011224060/DA17-1218A1.pdf. Alternative formats are 

available to persons with disabilities by 

sending an email to FCC504@fcc.gov or 

by calling the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

1. The Rural Broadband Auctions 

Task Force (Task Force), in conjunction 

with the Wireline Competition Bureau 

and the Wireless Telecommunications 

Bureau (Bureaus), provides further 

requirements for the handsets that 

mobile wireless providers in the 

Mobility Fund Phase II (MF–II) 

challenge process must designate for 

challengers to use when conducting 

speed tests in areas deemed 

presumptively ineligible for MF–II 

support. In addition, the Bureaus adopt 

procedures for challengers to request 

access to the Universal Service 

Administrative Company (USAC) 

challenge process portal. 

I. Handset Requirements 

2. Under the MF–II Challenge Process 

Order, 82 FR 42473, September 8, 2017, 

the MF–II challenge process will begin 

with a new, one-time collection of 

current, standardized coverage data on 

qualified 4G LTE service, which the 

Commission will use to establish the 

map of areas presumptively eligible for 

MF–II support. 

3. As part of the new, one-time data 

collection, each mobile wireless 

provider with qualified 4G LTE 

coverage is required to identify at least 

three readily-available handset models 

appropriate for testing its coverage, at 

least one of which must be compatible 

with industry-standard drive test 

software. The Commission also directed 

the Bureaus to propose and adopt 

further guidance on the types of devices 

that may be used for speed tests. 

4. After release of the MF–II Challenge 

Process Order, the Task Force, in 

conjunction with the Bureaus, released 

instructions for submitting the new 4G 

LTE coverage data, including the 

handset list, and announced a deadline 

of January 4, 2018, to submit the 

required coverage information. Pursuant 

to the Commission’s direction, the 

Bureaus subsequently sought comment 

on proposed requirements to ensure that 

at least one designated handset is 

compatible with industry-standard drive 

test software. 

5. After consideration of these 

comments, the Bureaus provide further 

requirements for the types of devices 

that may be used for speed tests. First, 

each provider must identify in its filing 

at least one device that is either: (a) 

Officially supported by the latest 

versions of industry-standard drive test 

software, such as JDSU, ZK–SAM, 

Rohde & Schwartz, or TEMS; or (b) 

engineering-capable and able to be 

unlocked and put into diagnostic mode 

to interface with drive test software. 

Second, at least one of the three 

specified devices must run the Android 

operating system. This device can be the 

same device as the one that meets the 

requirements adopted for compatibility 

with drive-test software, but it need not 

be. Because the coverage data submitted 

by affiliated entities will be 

consolidated when made available to 

challengers through the USAC portal, 

the Bureaus will consolidate the 

submitted provider handset data for 

such entities to the extent that the lists 

of handsets differ. 

6. Parties may file the foregoing 

handset information with their January 

4, 2018 filings, or they may elect to 

supplement those filings with that 

handset information no later than thirty 

days following the publication of the 

MF–II Challenge Process Handset Public 

Notice in the Federal Register. 

II. Accessing the USAC Portal 

7. Participants in the MF–II challenge 

process must use the USAC portal to file 

a challenge and/or respond to a 

challenge, as well as to access certain 

information that is pertinent to a 

challenge. The Commission directed the 

Bureaus to detail the process by which 

an interested party may request a USAC 

account to access the portal. 

8. The process for interested parties 

and challenged providers to request 

access to the USAC portal is as follows. 

Any eligible service provider wishing to 

participate in the challenge process 

must provide to the Commission, via 

web-based form, the legal name of the 

entity, its FCC Registration Number 

(FRN), and the name(s) and email 

address(es) of the user(s) (up to a 

maximum of three users) that should be 

granted access to the portal. Any 

government entity (i.e., a local, state, or 

Tribal government entity) that wishes to 

participate in the challenge process also 

must provide the legal name of the 

entity, its legal jurisdiction, and the 

name(s) and email address(es) of the 

user(s) (up to a maximum of three users) 

that should be granted access to the 

portal. The web page address and date 

by which to submit this contact 

information will be announced at a later 

date. 

9. The Bureaus encourage parties that 

may have an interest in participating in 

the challenge process to provide this 

contact information as soon as the form 

is available. Providing this contact 

information does not represent a 

commitment or obligation to participate 

in the challenge process. 

10. For a party that files a waiver 

petition with the Commission seeking to 

participate in the MF–II challenge 

process as a challenger (because it is not 

a service provider or a government 

entity), the Bureaus require such a party 

to submit the first and last name of the 

user(s) that should have access to the 

portal on its behalf, and the email 

address(es) of the user(s), up to a 

maximum of three users, as part of its 

petition for waiver. Any waiver petition 

must be submitted to 

mf2challengeprocess@fcc.gov. The 

Bureaus strongly encourage any 

interested party to file a waiver petition 

as soon as practicable. 

III. Procedural Matters 

A. Paperwork Reduction Act Analysis 

11. The MF–II Challenge Process 

Handset Public Notice implements the 

information collection requirements 

adopted in the MF–II Challenge Process 

Order and does not contain any new or 

modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13, 44 U.S.C. 3501–3520. The 

Commission sought and received PRA 

approval from the Office of Management 

and Budget (OMB) under its emergency 

processing procedures for the 

information collection requirements 

associated with the qualified 4G LTE 

coverage data collection, as adopted in 

the MF–II Challenge Process Order and 

further explained in the MF–II 

Challenge Process Handset Public 

Notice. The OMB control number for 

this collection is OMB 3060 1242. The 

Commission is currently seeking PRA 

approval for the information collection 

requirements related to the challenge 

process itself, as adopted in the MF–II 

Challenge Process Order and further 

explained in the MF–II Challenge 

Process Handset Public Notice. The MF– 

II Challenge Process Handset Public 

Notice does not adopt any additional 

information collection requirements 

beyond those adopted in the MF–II 

Challenge Process Order. 

B. Supplemental Final Regulatory 

Flexibility Analysis 

12. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), the Commission prepared Initial 

Regulatory Flexibility Analyses (IRFAs) 

in connection with the USF/ICC 

Transformation FNPRM, 76 FR 78383, 

December 16, 2011, the 2014 CAF 

FNPRM, 80 FR 4445, January 27, 2015, 

and the MF–II FNPRM, 82 FR 13413, 


jstallworth on DSKBBY8HB2PROD with RULES
256 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations 

March 13, 2017 (collectively, MF–II 

FNPRMs). A Supplemental Initial 

Regulatory Flexibility Analysis (SIRFA) 

was also filed in the MF–II Challenge 

Process Comment Public Notice, 82 FR 

51180, November 3, 2017, in this 

proceeding. The Commission sought 

written public comment on the 

proposals in MF–II FNPRMs and in the 

MF–II Challenge Process Comment 

Public Notice, including comments on 

the IRFAs and SIRFA. The Commission 

received three comments in response to 

the MF–II FNPRM IRFA. No comments 

were filed addressing the USF/ICC 

Transformation FNPRM IRFA, the 2014 

CAF FNPRM IRFA, or the MF–II 

Challenge Process Comment Public 

Notice SIRFA. The Commission 

included Final Regulatory Flexibility 

Analyses (FRFAs) in connection with 

the 2014 CAF Order, the MF–II Order, 

and the MF–II Challenge Process Order 

(collectively, the MF–II Orders). This 

Supplemental Final Regulatory 

Flexibility Analysis (SFRFA) 

supplements the FRFAs in the MF–II 

Orders to reflect the actions taken in the 

MF–II Challenge Process Handset Public 

Notice and conforms to the RFA. 

1. Need for, and Objectives of, The MF– 

II Challenge Process Handset Public 

Notice 

13. The MF–II Challenge Process 

Handset Public Notice provides further 

requirements on the handsets that 

mobile wireless providers in the MF–II 

challenge process must designate for 

challengers to use when conducting 

speed tests in areas deemed 

presumptively ineligible for MF–II 

support. In addition, the MF–II 

Challenge Process Handset Public 

Notice adopts procedures for 

challengers to request access to the 

USAC challenge process portal. 

14. Following the release of the MF– 

II Orders, the Commission released the 

MF–II Challenge Process Comment 

Public Notice. The MF–II Challenge 

Process Comment Public Notice 

proposed and sought comment on 

specific parameters and procedures to 

implement the MF–II challenge process, 

including requirements for the providerapproved handsets that prospective 

challengers will use to conduct speed 

tests, and the process by which 

challengers and respondents can request 

access to the USAC portal. The MF–II 

Challenge Process Comment Public 

Notice did not change matters adopted 

in the MF–II Orders and requested 

comment on how the proposals in the 

MF–II Challenge Process Comment 

Public Notice might affect the previous 

regulatory flexibility analyses in this 

proceeding. 

15. The MF–II Challenge Process 

Handset Public Notice establishes 

procedures for providers to identify at 

least three readily available handset 

models appropriate for testing those 

providers’ coverage, and establishes that 

the Bureaus will consolidate submitted 

provider handset data for affiliated 

entities to the extent that the lists of 

handsets differ. In addition, providers 

are required to specify at least one 

handset running on the Android 

operating system, and at least one 

handset that is either compatible with 

the latest versions of drive test software, 

or is capable of being unlocked and 

configured to run the latest versions of 

drive test software. 

16. The procedures also require all 

eligible service providers wishing to 

participate in the challenge process to 

provide to the Commission the legal 

name of the entity, its FRN, and the 

name(s) and email address(es) of the 

user(s) (up to a maximum of three users) 

that should be granted access to the 

portal. Any government entity (i.e., a 

local, state, or Tribal government entity) 

that wishes to participate in the 

challenge process also must provide the 

legal name of the entity, its legal 

jurisdiction, and the name(s) and email 

address(es) of the user(s) (up to a 

maximum of three users) that should be 

granted access to the portal. A webbased form will be used to collect this 

information. A party that files a waiver 

petition with the Commission seeking to 

participate in the MF–II challenge 

process as a challenger (because it is not 

a service provider or a government 

entity), must submit the first and last 

name of the user(s) that should have 

access to the portal on its behalf, and 

the email address(es) of the user(s), up 

to a maximum of three users, as part of 

its petition for waiver. 

17. Finally, the requirements 

established in the MF–II Challenge 

Process Handset Public Notice are 

designed to anticipate the challenges 

faced by small entities (e.g., 

governmental entities or small service 

providers) in complying with the 

Bureaus’ implementation of the 

Commission’s rules and our proposals. 

For example, the requirement that 

providers specify a minimum of three 

devices, at least one of which must be 

running on the Android operating 

system, is intended to provide small 

entities with sufficient flexibility to 

choose a device that fits their needs and 

budgets. 

18. Accordingly, the handset 

requirements and portal access 

procedures established in the MF–II 

Challenge Process Handset Public 

Notice are consistent with the MF–II 

Orders and the prior regulatory 

flexibility analyses set forth in this 

proceeding, and no changes to the 

Bureaus’ earlier analyses are required. 

2. Summary of Significant Issues Raised 

by Public Comments in Response to the 

SIRFA 

19. There were no comments filed 

that specifically addressed the proposed 

procedures presented in the SIRFA. 

3. Response to Comments by the Chief 

Counsel for Advocacy of the Small 

Business Administration 

20. Pursuant to the Small Business 

Jobs Act of 2010, which amended the 

RFA, the Commission is required to 

respond to any comments filed by the 

Chief Counsel for Advocacy of the Small 

Business Administration (SBA), and to 

provide a detailed statement of any 

change made to the proposed rule(s) as 

a result of those comments. 

21. The Chief Counsel did not file any 

comments in response to the proposed 

procedures in this proceeding. 

4. Description and Estimate of the 

Number of Small Business Entities To 

Which the Procedures Will Apply 

22. The RFA directs agencies to 

provide a description of and, where 

feasible, an estimate of the number of 

small entities that may be affected by 

the proposed rules, if adopted herein. 

The RFA generally defines the term 

‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ In addition, 

the term ‘‘small business’’ has the same 

meaning as the term ‘‘small business 

concern’’ under the Small Business Act. 

A ‘‘small business concern’’ is one 

which: (1) Is independently owned and 

operated; (2) is not dominant in its field 

of operation; and (3) satisfies any 

additional criteria established by the 

SBA. 

23. As noted above, FRFAs were 

incorporated into the MF–II Orders. In 

those analyses, the Bureaus described in 

detail the small entities that might be 

significantly affected. In the MF–II 

Challenge Process Handset Public 

Notice, the Bureaus incorporate by 

reference the descriptions and estimates 

of the number of small entities from the 

previous FRFAs in the MF–II Orders. 

5. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

24. The data, information and 

document collection required by the 

MF–II Orders as described in the 

previous FRFAs and the SIRFA in the 

MF–II Challenge Process Comment 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations 257 

Public Notice in this proceeding are 

hereby incorporated by reference. 

6. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

25. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) and exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

26. The analysis of the Commission’s 

efforts to minimize the possible 

significant economic impact on small 

entities as described in the previous 

MF–II Order FRFAs are hereby 

incorporated by reference. As discussed 

above, the requirements and procedures 

established in the MF–II Challenge 

Process Handset Public Notice are 

intended to provide small entities with 

sufficient flexibility to choose a device 

that fits their needs and budgets thereby 

minimizing significant economic impact 

on small entities. 

7. Report to Congress 

27. The Commission will send a copy 

of the MF–II Challenge Process Handset 

Public Notice, including this SFRFA, in 

a report to Congress pursuant to the 

Congressional Review Act. In addition, 

the Commission will send a copy of the 

MF–II Challenge Process Handset Public 

Notice, including this SFRFA, to the 

Chief Counsel for Advocacy of the SBA. 

A copy of the MF–II Challenge Process 

Handset Public Notice, and SFRFA (or 

summaries thereof) will also be 

published in the Federal Register. 

IV. Contact Information 

28. For information on the one-time 

4G LTE coverage data collection, see 4G 

LTE Collection Instructions Public 

Notice, or consult the Commission’s 

MF–II 4G LTE Data Collection web page 

at www.fcc.gov/MF2-LTE-Collection. 

Please note that responses to the MF–II 

4G LTE data collection are due by 

January 4, 2018. Parties with questions 

about the collection should email 

ltedata@fcc.gov or contact Ken Lynch at 

(202) 418–7356 or Ben Freeman at (202) 

418–0628. 

29. For further information 

concerning the MF–II Challenge Process 

Comment Public Notice, contact 

Jonathan McCormack, Auctions and 

Spectrum Access Division, Wireless 

Telecommunications Bureau, at (202) 

418–0660. 

Federal Communications Commission. 

William W. Huber, 

Associate Chief, Auctions and Spectrum 

Access Division, WTB. 

[FR Doc. 2017–28421 Filed 1–2–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket Nos. FWS–R4–ES–2016–0029 and 

FWS–R4–ES–2016–0031; 4500030113] 

RIN 1018–BA78; RIN 1018–BA79 

Endangered and Threatened Wildlife 

and Plants; Endangered Species 

Status for Black Warrior Waterdog and 

Designation of Critical Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), determine 

endangered species status under the 

Endangered Species Act of 1973 (Act), 

as amended for the Black Warrior 

waterdog (Necturus alabamensis) and 

designate critical habitat. The effect of 

this regulation will be to add this 

species to the List of Endangered and 

Threatened Wildlife and designate 

critical habit for this species. In total, 

approximately 673 kilometers (420 

miles) of streams and rivers in Blount, 

Etowah, Jefferson, Lawrence, Marshall, 

Tuscaloosa, Walker, and Winston 

Counties, Alabama, fall within the 

boundaries of the critical habitat 

designation. 

DATES: This rule is effective February 2, 

2018. 

ADDRESSES: This final rule is available 

on the internet at http://

www.regulations.gov and http://

www.fws.gov/daphne/. 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, 1208 Main Street, 

Daphne, AL 36526; by telephone 251– 

441–5184; or by facsimile 251–441– 

6222. 

The coordinates or plot points or both 

from which the maps are generated are 

included in the administrative record 

for the critical habitat designation and 

are available at http://

www.regulations.gov at Docket No. 

FWS–R4–ES–2016–0031, and at the 

Alabama Ecological Services Field 

Office (https://www.fws.gov/alabama) 

(see FOR FURTHER INFORMATION CONTACT). 

Any additional tools or supporting 

information that we developed for this 

final rule will also be available at the 

U.S. Fish and Wildlife Service website 

and Field Office set out above, and may 

also be included in the preamble and at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

William Pearson, Field Supervisor, U.S. 

Fish and Wildlife Service (see 

ADDRESSES above). Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

This document consists of: (1) A final 

rule to list the Black Warrior waterdog 

as endangered and (2) a final critical 

habitat designation for the Black 

Warrior waterdog. 

Executive Summary 

Why we need to publish a rule. Under 

the Endangered Species Act, a species 

may warrant protection through listing 

if it is endangered or threatened 

throughout all or a significant portion of 

its range. Listing a species as an 

endangered or threatened species can 

only be completed by issuing a rule. 

What this rule does. This rule will 

finalize the listing of the Black Warrior 

waterdog (Necturus alabamensis) as an 

endangered species and will finalize 

designation of critical habitat for the 

species under the Act. We are 

designating critical habitat for the 

species in four units, on public and 

private property totaling 673 kilometers 

(420 miles) of streams and rivers in 

Blount, Etowah, Jefferson, Lawrence, 

Marshall, Tuscaloosa, Walker, and 

Winston Counties, Alabama. This rule 

adds the Black Warrior waterdog to the 

List of Endangered and Threatened 

Wildlife in title 50 of the Code of 

Federal Regulations at 50 CFR 17.11(h) 

and adds critical habitat for this species 

to 50 CFR 17.95(d). 

The basis for our action. Under the 

Act, we may determine that a species is 

endangered or threatened based on any 

of the following 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 


jstallworth on DSKBBY8HB2PROD with RULES