47022 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (f)—Continued 

Prioritization schedule 

Priority 3 

Any remaining approved applicants determined to be eligible for reimbursement under the Program. 

* * * * * 

(i) * * * (1) * * * 

(i) on or after publication of the 

Report and Order; or 

(ii) in the case of any covered 

communications equipment that only 

became covered pursuant to the 

Designation Orders, June 30, 2020; or 

* * * * * 

(q) Provider of Advanced 

Communications Services. For purposes 

of the Secure and Trusted 

Communications Networks 

Reimbursement Program, the term 

‘‘provider of advanced communications 

services’’ is defined as: 

(1) A person who provides advanced 

communications service to United 

States customers; and includes: 

(A) Accredited public or private noncommercial educational institutions, 

providing their own facilities-based 

educational broadband service, as 

defined in 47 CFR part 27, subpart M, 

or any successor regulation; and 

(B) Health care providers and libraries 

providing advanced communications 

service. 

(2) [Reserved]. 

PART 54—UNIVERSAL SERVICE 

■ 3. The authority citation for part 54 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 155, 201, 

205, 214, 219, 220, 229, 254, 303(r), 403, 

1004, 1302, and 1601–1609, unless otherwise 

noted. 

■ 4. Section 54.11 is amended by 

revising paragraphs (b), (c), and (d) to 

read as follows: 

* * * * * 

(b) For the purposes of this section, 

covered communications equipment or 

services means any communications 

equipment or service that is on the 

Covered List maintained pursuant to 

§ 1.50002 of this chapter, and: 

(1) As defined in the Report and 

Order of the Commission in the matter 

of Protecting Against National Security 

Threats to the Communications Supply 

Chain Through FCC Programs (FCC 19– 

121; WC Docket No. 18–89; adopted 

November 22, 2019 (in this section 

referred to as the ‘Report and Order’); or 

(2) as determined to be covered by 

both the process of the Report and Order 

and the Designation Orders of the 

Commission on June 30, 2020 (DA 20– 

690; PS Docket No. 19–351; adopted 

June 30, 2020) (DA 20–691; PS Docket 

No. 19–352; adopted June 30, 2020) (in 

this section collectively referred to as 

the ‘Designation Orders’). 

(c) The certification referenced in 

paragraph (a) of this section is required 

starting one year after the date the 

Commission releases a Public Notice 

announcing that applications are 

accepted for filing in the corresponding 

filing window of the Reimbursement 

Program per § 1.50004(b) for the 

removal, replacement, and disposal of 

associated covered communications 

equipment and services. 

(d) Reimbursement Program 

recipients, as defined in § 1.50001(h) of 

this chapter, are not subject to 

paragraph (a) of this section until after 

the expiration of their corresponding 

removal, replacement, and disposal 

term per § 1.50004(h) of this chapter for 

associated covered communications 

equipment and services. 

* * * * * 

[FR Doc. 2021–17279 Filed 8–20–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 224 

[Docket No. 210817–0163; RTID 0648– 

XR117] 

Endangered and Threatened Wildlife 

and Plants; Technical Corrections for 

the Bryde’s Whale (Gulf of Mexico 

Subspecies) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Direct final rule. 

SUMMARY: We, the NMFS, announce the 

revised taxonomy and common name of 

Balaenoptera edeni (unnamed 

subspecies; Bryde’s Whale—Gulf of 

Mexico subspecies) under the 

Endangered Species Act of 1973, as 

amended (ESA). We are revising the 

Enumeration of endangered marine and 

anadromous species for Bryde’s 

Whale—Gulf of Mexico subspecies, to 

reflect the scientifically accepted 

taxonomy and nomenclature of this 

species. We revise the common name to 

Rice’s whale, the scientific name to 

Balaenoptera ricei, and the description 

of the listed entity to entire species. The 

changes to the taxonomic classification 

and nomenclature do not affect the 

species’ listing status under the ESA or 

any protections and requirements 

arising from its listing. 

DATES: This rule is effective October 22, 

2021 without further action, unless 

significant adverse comment is received 

by September 22, 2021. If significant 

adverse comments are received, the 

NMFS will publish a timely withdrawal 

of the rule in the Federal Register. 

ADDRESSES: You may submit comments, 

information, or data on this document, 

identified by NOAA–NMFS–2021–0078, 

by any of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2021–0078 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Marine Mammal Branch Chief, 

Protected Resources Division, Southeast 

Regional Office, NMFS Protected 

Resources Division, 263 13th Avenue 

South, St. Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period may not be 

considered by us. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. We will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous), although submitting 

comments anonymously will prevent us 

from contacting you if we have 

difficulty retrieving your submission. 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, or Adobe PDF file formats only. 


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 47023 

FOR FURTHER INFORMATION CONTACT: Barb 

Zoodsma, NMFS, Southeast Regional 

Office, (727) 824–5312; or Lisa 

Manning, NMFS, Office of Protected 

Resources (301) 427–8466. 

SUPPLEMENTARY INFORMATION: 

Purpose of This Rule 

The purpose of this direct final rule 

is to notify the public that we are 

revising the Enumeration of endangered 

marine and anadromous species (50 

CFR 224.101(h)) to reflect the 

scientifically accepted taxonomy and 

nomenclature of one mammal species 

listed under section 4 of the ESA (16 

U.S.C. 1531 et seq.), the mammal 

currently enumerated as Bryde’s whale 

(Gulf of Mexico subspecies). The 

changes reflect the most recently 

accepted scientific name in accordance 

with 50 CFR 224.101(e). 

We are publishing this rule as a direct 

final rule because this is a 

noncontroversial action that reflects 

decisions already taken in the scientific 

community, such that prior notice and 

an opportunity to comment is 

unnecessary. This rule does not change 

the listing status of the species under 

the ESA and does not alter any 

protections afforded the species or any 

other legal requirements arising from 

the species’ listing under the ESA. This 

change should be undertaken in as 

timely a manner as possible. This rule 

will be effective, as published in this 

document on the effective date specified 

in DATES, unless we receive significant 

adverse comments on or before the 

comment due date specified in DATES. 

Significant adverse comments are 

comments that provide strong scientific 

justification as to why the taxonomic 

and nomenclature changes to the 

enumeration of the listed entity should 

not be adopted or why the rule should 

be changed. Please include sufficient 

scientific information with your 

comments that will allow us to verify 

the basis for any significant adverse 

comments. 

If we receive significant adverse 

comments, we will publish a notice in 

the Federal Register withdrawing this 

rule before the effective date, and we 

will engage in notice and comment 

rulemaking under the applicable 

requirements of the Administrative 

Procedure Act to promulgate these 

changes to 50 CFR 224.101(h). 

Background 

Under 50 CFR 224.101(e), we use the 

most recently accepted scientific name 

of any species that we have determined 

to be endangered or threatened under 

the ESA. The ESA likewise requires that 

listing decisions be based solely on the 

best scientific and commercial data 

available. 16 U.S.C. 1533(b)(1)(A). Using 

the best available scientific information, 

our direct final rule documents a change 

to the taxonomy and nomenclature of 

the Bryde’s whale (Gulf of Mexico 

subspecies). These changes are 

supported by a study published in a 

peer-reviewed journal and independent 

acceptance by the Society for Marine 

Mammalogy Committee on Taxonomy. 

We revise the common name, scientific 

name, and description of the species 

listed under section 4 of the ESA (16 

U.S.C. 1531 et seq.) as follows: Common 

name is Rice’s whale, scientific name is 

Balaenoptera ricei, and description of 

the listed entity is the entire species. We 

make these changes to the Enumeration 

of endangered marine and anadromous 

species (50 CFR 224.101(h)) to reflect 

the most recently accepted scientific 

name in accordance with 50 CFR 

224.101(e). 

Taxonomy Classification 

Balaenoptera ricei 

The scientific name change to 

Balaenoptera ricei (Rice’s whale) from 

Balaenoptera edeni is supported by 

genetic and morphological evidence 

(Rosel et al., 2021), which indicate that 

the Bryde’s whale (Gulf of Mexico 

subspecies; referred to as Bryde’s-like 

whales by Rosel et al., 2021) are a 

previously unnamed species. Rosel et 

al. (2021) used molecular data from 

Bryde’s-like whales in the Gulf of 

Mexico to better describe the 

relationship of this species to other 

whales in the genus Balaenoptera. 

Phylogenetic analysis identifies Bryde’slike whales from the Gulf of Mexico as 

a unique lineage separated from Bryde’s 

whales (including subspecies thereof 

that are recognized by some researchers) 

and from the sei whale and Omura’s 

whale (Rosel et al., 2021). Following a 

stranding of an individual in 2019, 

Rosel et al. (2021) performed the first 

morphological examination of an intact 

specimen of Bryde’s-like whale from the 

Gulf of Mexico. This morphological 

analysis revealed distinctions in bone 

form and structure between Bryde’s-like 

whales from the Gulf of Mexico and 

other whales in the genus Balaenoptera. 

The morphological distinctions and 

degree of genetic divergence described 

are equivalent to or greater than levels 

of molecular and morphological 

divergence between other, sister 

Balaenoptera genera, and support 

divergence at the species level (Rosel et 

al., 2021). A workshop on the taxonomy 

of cetaceans concluded that a single line 

of evidence (e.g., genetic data or 

morphological data) was sufficient to 

delimit cetacean subspecies while two 

independent lines of evidence were 

necessary for delimiting species (Reeves 

et al., 2004). Rosel et al. (2021) 

presented multiple lines of evidence 

(genetic data and morphological data) 

that indicate that the Bryde’s-like 

whales in the Gulf of Mexico are a 

previously unnamed species. The 

Society for Marine Mammalogy’s 

Taxonomy Committee evaluated the 

Rosel et al. (2021) paper and agreed 

with the findings. As a result, the 

Committee now recognizes the Bryde’s 

whales in the Gulf of Mexico as a 

different species, Rice’s whale, 

Balaenoptera ricei. The taxonomic 

change for Rice’s whale is catalogued in 

ZooBank, the official register for the 

International Commission on Zoological 

Nomenclature, and has been added to 

the official list of marine mammal 

species and subspecies maintained 

bythe Society for Marine Mammalogy. 

NMFS recognizes the taxonomic 

change and therefore is making 

technical revisions to 50 CFR 224.101(h) 

to reflect the best available scientific 

information about the listed species. 

Once the changes to 50 CFR 224.101(h) 

take effect, the taxonomic and 

nomenclature changes will be 

incorporated into all new NMFS 

publications pertaining to the species. 

This species will continue to be listed 

as endangered and is subject to the same 

protections as existed prior to these 

changes. No other aspect of the entry for 

this species in 50 CFR 224.101(h) will 

change as a result of this rule. 

Required Determinations 

The Assistant Administrator for 

Fisheries finds that good cause exists to 

waive the requirement for prior notice 

and opportunity for public comment, 

pursuant to 5 U.S.C. 553(b)(B). Such 

procedures would be unnecessary as the 

taxonomic change made in this rule are 

technical and reflect decisions already 

taken in the scientific community. This 

rule does not change the listing status of 

the Rice’s whale under the ESA, and 

therefore does not alter the legal 

protections afforded to the species or 

any other requirements arising from its 

listing under the ESA, or add any new 

requirements. 

This action is not subject to review 

under Executive Order 12866. Because a 

general notice of proposed rulemaking 

is not required, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., are 

inapplicable. 

This final rule does not contain 

policies with federalism implications 

under Executive Order (E.O.) 13132. 

Policies that have federalism 


jbell on DSKJLSW7X2PROD with RULES
47024 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

implications refers to regulations, 

legislative comments or proposed 

legislation, and other policy statements 

or actions that have substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. This final 

rule does not have federalism 

implications; therefore, the agency did 

not follow the additional consultation 

procedures outlined in E.O. 13132. 

This rule does not contain any 

collections of information that require 

approval by OMB under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.). 

This rule will not impose recordkeeping 

or reporting requirements on State or 

local governments, individuals, 

businesses, or organizations. 

E.O. 12898 requires that Federal 

actions address environmental justice in 

the decision-making process. In 

particular, the environmental effects of 

the actions should not have a 

disproportionate effect on minority and 

low-income communities. This rule is 

not expected to have a disproportionate 

effect on minority populations or lowincome populations. 

This final rule makes taxonomic 

changes relative to a previous listing 

determination under the ESA to reflect 

the best available scientific information 

about the species’ taxonomy and 

nomenclature. NMFS has concluded 

that National Environmental Policy Act 

(NEPA) does not apply to ESA listing 

actions, and we conclude that NEPA 

does not apply to this correction to the 

description and identification of the 

listed species to reflect the best 

available scientific information. (See 

NOAA Administrative Order 216–6A 

and the Companion Manual for NOAA 

Administrative Order 216–6A, regarding 

Policy and Procedures for Compliance 

with the National Environmental Policy 

Act and Related Authorities). 

References Cited 

Rosel, P.E., Wilcox, L.A., Yamada, T.K., 

Mullin, K.D. (2021). A new species of 

baleen whale (Balaenoptera) from the 

Gulf of Mexico, with a review of its 

geographic distribution. Marine Mammal 

Science, 1–34. 

List of Subjects in 50 CFR Part 224 

Endangered and threatened species, 

Exports, Imports, Reporting and 

Recordkeeping requirements, 

Transportation. 

Dated: August 18, 2021. 

Kelly Denit, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, we amend part 224, 

subchapter C of chapter II, title 50 of the 

Code of Federal Regulations, as set forth 

below: 

PART 224—ENDANGERED MARINE 

AND ANADROMOUS SPECIES 

■ 1. The authority citation for part 224 

continues to read as follows: 

Authority: 16 U.S.C. 1531–1543 and 16 

U.S.C. 1361 et seq. 

■ 2. In § 224.101, in paragraph (h), 

under ‘‘Marine Mammals,’’ remove the 

entry for ‘‘Whale, Bryde’s (Gulf of 

Mexico subspecies)’’ and add an entry 

for ‘‘Whale, Rice’s’’ in alphabetical 

order. 

The addition reads as follows: 

§ 224.101 Enumeration of endangered 

marine and anadromous species. 

* * * * * 

(h) * * * 

Species 1

Citation(s) for listing 

determination(s) Critical habitat ESA rules 

Common name Scientific name Description of listed 

entity 

Marine Mammals 

* * * * * * * 

Whale, Rice’s ................... Balaenoptera ricei ........... Entire Species ................ 84 FR 15446, April 15, 

2019.

NA .................. NA. 

* * * * * * * 

1Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 

1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 

[FR Doc. 2021–17985 Filed 8–20–21; 8:45 am] 

BILLING CODE 3510–22–P 


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