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private sector in any one year. Thus, solicits comment on this proposed rule Dated: January 6, 2005. today’s rule is not subject to the from State and local officials. Stephen L. Johnson, requirements of sections 202 and 205 of Deputy Administrator. the UMRA. G. Executive Order 13175: Consultation and Coordination With Indian Tribal For the reasons set forth in the E. Applicability of Executive Order Governments preamble, part 262 of title 40, chapter I 13045 of the Code of Federal Regulations is Executive Order 13175, entitled proposed to be amended as follows: The Executive Order, ‘‘Protection of ‘‘Consultation and Coordination with Children from Environmental Health Indian Tribal Governments’’ (65 FR PART 262—[AMENDED] Risks and Safety Risks’’ (62 FR 19885, 67249, November 9, 2000), requires EPA April 23, 1997) applies to any rule that 1. The authority citation for part 262 (1) is determined to be ‘‘economically to develop an accountable process to continues to read as follows: ensure ‘‘meaningful and timely input by significant’’ as defined under Executive Authority: 42 U.S.C. 6906, 9612, 6922– Order 12866, and (2) concerns an tribal officials in the development of 6925, 6937, and 6938. environmental health or safety risk that regulatory policies that have tribal EPA has reason to believe may have a implications.’’ This proposed rule does Subpart I—[Amended] disproportionate effect on children. If not have tribal implications, as specified in Executive Order 13175. The rule does 2. Section 262.90 is amended by the regulatory action meets both criteria, revising paragraph (j) to read as follows: the Agency must evaluate the not significantly or uniquely affect the environmental health or safety effects of communities of Indian tribal § 262.90 Project XL for Public Utilities in the planned rule on children; and governments. Thus, Executive Order New York State. explain why the planned regulation is 13175 does not apply to this rule. * * * * * preferable to other potentially effective ll H. Executive Order 13211: Energy (j) This section will expire on [72 and reasonably feasible alternatives months from effective date]. considered by the Agency. Effects [FR Doc. 05–822 Filed 1–24–05; 8:45 am] This rule is not subject to Executive This rule is not subject to Executive BILLING CODE 6560–50–P Order 13045 because it is not an Order 13211, ‘‘Actions Concerning economically significant rule as defined Regulations That Significantly Affect by Executive Order 12866, and because Energy Supply, Distribution, or Use’’ (66 DEPARTMENT OF THE INTERIOR it does not involve decisions on FR 28355 (May 22, 2001)) because it is environmental health or safety risks that not a significant regulatory action under Fish and Wildlife Service may disproportionately affect children. Executive Order 12866. F. Executive Order 13132: Federalism 50 CFR Part 17 I. National Technology Transfer and Executive Order 13132, entitled Advancement Act Endangered and Threatened Wildlife ‘‘Federalism’’ (64 FR 43255, August 10, and Plants; 90-Day Finding on 1999), requires EPA to develop an Section 12(d) of the National Petitions To List Bromus arizonicus accountable process to ensure Technology Transfer and Advancement (Arizona brome) and Nassella cernua ‘‘meaningful and timely input by State Act of 1995 (NTTAA), Public Law 104– (nodding needlegrass) as Endangered and local officials in the development of 113, section 12(d) (15 U.S.C. 272 note) regulatory policies that have federalism directs EPA to use voluntary consensus AGENCY: Fish and Wildlife Service, implications.’’ ‘‘Policies that have standards in its regulatory activities Interior. federalism implications’’ is defined in unless to do so would be inconsistent ACTION: Notice of 90-day petition the Executive Order to include with applicable law or otherwise finding. regulations that have ‘‘substantial direct impractical. Voluntary consensus SUMMARY: effects on the States, on the relationship standards are technical standards (e.g., We, the U.S. Fish and Wildlife Service (Service), announce a between the National Government and materials specifications, test methods, 90-day petition finding for petitions to the States, or on the distribution of sampling procedures, and business list Bromus arizonicus (Arizona brome) power and responsibilities among the practices) that are developed or adopted various levels of government.’’ and Nassella cernua (nodding by voluntary consensus standards needlegrass) under the Endangered This proposed rule does not have bodies. The NTTAA directs EPA to federalism implications. It will not have Species Act of 1973, as amended. We provide Congress, through OMB, find that neither petition presented substantial direct effects on the States, explanations when the Agency decides on the relationship between the substantial scientific or commercial not to use available and applicable information indicating that listing one National Government and the States, or voluntary consensus standard. This on the distribution of power and or both of these species may be rulemaking does not involve technical responsibilities among the various warranted. We will not be initiating a standards. Therefore, EPA did not levels of government, as specified in further status review in response to the consider the use of any voluntary Executive Order 13132. This proposed petitions to list. rule does not create a mandate on State, consensus standards. DATES: The finding announced in this local, or tribal governments and does List of Subjects in 40 CFR Part 262 document was made January 7, 2005. not impose any enforceable duties on ADDRESSES: Data, information, written these entities. Thus, Executive Order Environmental protection, Hazardous comments and materials, or questions 13132 does not apply to this rule. In the materials transportation, Hazardous concerning these petitions and findings spirit of Executive Order 13132, and waste, Packaging and containers, should be submitted to the Field consistent with EPA policy to promote Reporting and recordkeeping Supervisor, Ventura Fish and Wildlife communications between EPA and State requirements. Office, U.S. Fish and Wildlife Service, and local governments, EPA specifically 2493 Portola Road, Suite B, Ventura, CA

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93003. The petition findings and 2n = 56, while Bromus arizonicus has a mentioned above, the petitioner did not supporting data are available for public chromosome count of 2n = 84. However, provide any other information related to inspection, by appointment, during some taxonomists still consider Bromus the status of Bromus arizonicus, such as normal business hours at the above arizonicus to be synonymous with field survey forms or reports address. Bromus carinatus (Felger 2000; R. documenting either positive or negative FOR FURTHER INFORMATION CONTACT: Felger, University of Arizona, in litt. survey findings, a list of historic Constance Rutherford, botanist, at the 2003; P. Jenkins, University of Arizona, locations that were field-checked, maps, above address (telephone 805/644– in litt. 2003). or an explanation of how estimates of The petition to list Bromus arizonicus 1766). historic and current ranges were comprises one page of information derived. SUPPLEMENTARY INFORMATION: about the species, including its habitat, The information available to us for the Background distribution, potential threats, species in California states that the observations made by the petitioner at species is: ‘‘Occasional in coastal sage Section 4(b)(3)(A) of the Endangered historic locations for the species, and scrub and weedy ground; coast west of Species Act of 1973, as amended (16 two literature citations. The information Point Dume, Sepulveda Canyon, west U.S.C. 1531 et seq.) (Act), requires that from the petition is summarized as Los Angeles’’ (Raven et al. 1986); we make a finding on whether a petition follows: Bromus arizonicus is an annual ‘‘reported only from Salinas Valley’’ in to list, delist, or reclassify a species grass restricted in distribution to the Monterey County (Matthews 1997); and presents substantial scientific or San Joaquin Valley, the southern Coast ‘‘evidently widespread about waste commercial information indicating that Ranges, and Channel Islands of southern places of towns, railroads, ranches, and the petitioned action may be warranted. California, Arizona, and Baja California, highways from coast to Cuyama Valley’’ We are to base this finding on all Mexico. The species is associated with in the Santa Barbara region (Smith information available to us at the time valley grassland, foothill woodland, 1998). The University of California at we make the finding. To the maximum chaparral, coastal sage scrub, and Berkeley and Jepson Herbaria (UC/JEPS) extent practicable, this finding is to be creosote bush scrub. The species occurs (2003) indicates that the species is made within 90 days of our receipt of principally in an average annual rainfall principally found in grasslands and the petition, and we must publish the band between 5 and 14 inches (in) (13 shrublands in California at elevations of notice of the finding promptly in the to 36 centimeters (cm)), and in an less than 3,300 ft (1,000 m). The species Federal Register. Our standard for elevational band between 20 and 2,000 has been collected in 13 California substantial information within the Code feet (ft) (6 and 610 meters (m)). counties (UC/JEPS 2003). The of Federal Regulations (CFR) with Twisselmann (1967) indicated that the information available to us for the regard to a 90-day petition finding is species is widespread in the valley species in Arizona indicates that it ‘‘that amount of information that would grasslands, especially in the lower occurs ‘‘almost throughout the state, at lead a reasonable person to believe that Sonoran grassland, and is scarce in moderate elevations’’ (Kearney and the measure proposed in the petition creosote bush scrub in the desert. Peebles 1951), and in ‘‘sandy washes may be warranted’’ (50 CFR 424.14(b)). However, the petitioner stated that and protected sites in desert areas, If the finding is that substantial Bromus arizonicus became rarer in the roadsides, and other disturbed soils, information was presented, we are 1970s and 1980s as a result of mostly below 5,000 feet but occasionally required to promptly commence a overgrazing during drought periods. higher in the northern part of its range review of the status of the species, if one The petitioner estimates that Bromus where it occurs as an introduced weed’’ has not already been initiated, under arizonicus historically ranged across 5 (Gould 1988). The Natural Resources our internal candidate assessment million acres (ac) (2 million hectares Conservation Service lists this species process. (ha)), and estimates that the range has as occurring in the States of Nevada and On June 20, 2002, we received two been reduced to 25 ac (10 ha) in Arizona Texas, in addition to California, separate petitions, both dated June 18, and 25 ac (10 ha) in California. Causes Arizona, and Baja California (http:// 2002, to list Bromus arizonicus (Arizona cited for the disappearance of the plants.usda.gov). brome) and Nassella cernua (nodding species in the San Joaquin Valley needlegrass). The petitions requested include a combination of overgrazing by Nassella cernua that we add Bromus arizonicus and cattle and two extended droughts in the This taxon was first described as Stipa Nassella cernua to the List of 1970s and 1980s. During his own cernua by G. L. Stebbins and R. M. Love Endangered and Threatened Wildlife surveys in the 1990s, the petitioner was (1941) based on a collection made from and Plants. We are responding to both able to find only one small stand of Alameda County, CA. In 1990, M.E. petitions in this one Federal Register Bromus arizonicus in Kern County, in Barkworth segregated the genus notice because the petitions were an area protected from grazing. In 2002, Nassella and included the species received at the same time from the same the petitioner found that a second stand cernua, from Stipa (Barkworth 1993). petitioner. of Bromus arizonicus that he had The petition to list Nassella cernua observed over a period of years has been comprises one page of information Bromus arizonicus converted to a truck stop parking lot. about the species, including its habitat, This taxon was first described by The petitioner states that threats to distribution, potential threats, and Cornelius Lott Shear in 1900 as Bromus Bromus arizonicus include: Commercial observations made by the petitioner at carinatus var. arizonicus based on a and residential development, historic locations for the species. No collection from near Tucson, AZ. agricultural development, off-highway literature citations were included. The Stebbins et al. (1944) raised the taxon to vehicle activity, energy developments, information from the petition is full species status based on cytogenetic grazing, fires, military activities, summarized as follows: Nassella cernua (cellular) differences between it and introduction of nonnative plants, is a perennial grass restricted in Bromus carinatus. They found that, roadside herbicide use, roadside distribution to the North Coast Range, while both the taxa are polyploid in mowing, and border patrol activities eastern San Francisco Bay area, San their number of chromosomes, Bromus along the United States-Mexico border. Joaquin Valley, the Coast Ranges of carinatus has a chromosome count of However, other than the two references southern California, and in Baja

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California, Mexico. The petitioner states been collected in 30 of California’s 58 pertinent literature, and information that the species occurs principally in an counties (UC/JEPS 2003). available in our files. The available average annual rainfall band between 5 NatureServe (2000; 2003) indicates information we were able to access and 14 in (13 to 36 cm), and in an that the global heritage status rank for concerning these species indicates that elevational band between 20 and 4,500 both Bromus arizonicus and Nassella they are widespread. Without additional ft (6 and 1,370 m). cernua is G5, which means that the information on the life history, range, or The petitioner estimates that Nassella species is common, widespread, and population size of Bromus arizonicus cernua historically ranged across 10 abundant (although it may be rare in and Nassella cernua, such as an million ac (4 million ha). He estimates parts of its range, particularly on the explanation of how estimates of historic that the range has been reduced to 800 periphery). NatureServe (2000) defines and current ranges were derived, ac (324 ha) in California and 200 ac this ranking as a species that is not information concerning specific threats (81 m) in Baja California. Causes cited considered to be vulnerable in most of and specific locations, or any other for the decline of the species in the San its range. The U.S. Forest Service (2003) references, we cannot evaluate the Joaquin Valley include a combination of and Bureau of Land Management (2003) seriousness of the potential threats to overgrazing by cattle and two extended do not have Bromus arizonicus or them. droughts in the 1970s and 1980s. The Nassella cernua on their sensitive After reviewing the best scientific and petitioner states that threats to Nassella species lists, and neither the California commercial information available, and cernua include commercial and Natural Diversity Data Base (2003) nor because of the lack of adequate data residential development, agricultural the California Native Plant Society indicating a biological vulnerability and development, off-highway vehicle (2003) tracks these species or gives them presence of threats to these species, we activity, energy developments, grazing, any special consideration. Additionally, find the petitions do not present fires, military activities, introduction of neither the Arizona Natural Heritage substantial information that listing nonnative plants, roadside herbicide Program (2003) nor the Nevada Natural Bromus arizonicus or Nassella cernua use, roadside mowing, and border patrol Heritage Program (2003) tracks Bromus may be warranted. However, we activities along the United States- arizonicus or gives it any special Mexico border. However, the petitioner consideration. welcome any additional information did not provide any other information Although the petitioner mentioned a concerning the status of Bromus related to the status of Nassella cernua, number of threats to both Bromus arizonicus and Nassella cernua. Please such as a list of historic locations that arizonicus and Nassella cernua, he did submit any information to the Field were field-checked, maps, or an not provide information concerning Supervisor, Ventura Fish and Wildlife explanation of how estimates of historic specific threats and specific locations, Office (see ADDRESSES section). and current ranges were derived. other than the reference to one site for References Cited The information in our files indicates Bromus arizonicus being converted to a that in California, the species is parking lot. Felger (in litt. 2003) A complete list of all references cited scattered in coastal sage scrub and indicated that Bromus arizonicus was a herein is available, upon request, from chaparral in the western half of the very common grass in the Sonoran the Ventura Fish and Wildlife Office Santa Monica Mountains below 2000 ft. Desert and ‘‘beyond any question it is (see ADDRESSES section). (Raven et al. 1986); found in ‘‘dry hills, not in any way endangered.’’ We Author open woods, and rocky slopes, contacted the petitioner and inquired chaparral, coastal prairie, coastal sage whether he could provide us with any The primary author of this document scrub, etc.’’ in Monterey County additional information on either is Constance Rutherford, U.S. Fish and (Matthews 1997); and ‘‘common species; he indicated he was not able to Wildlife Service, Ventura Fish and throughout the interior except in the do so at this time (C. Rutherford, Wildlife Office (see ADDRESSES section). most arid parts’’ in San Luis Obispo Service, in litt. 2003). Based on the Authority County (Hoover 1970). UC/JEPS (2003) information provided by the petitioner, indicates that the species is principally and the information available to us, we The authority for this action is the found in grasslands, chaparral, and find that threats the petitioner Endangered Species Act of 1973, as juniper woodland in California at mentioned cannot be adequately amended (16 U.S.C. 1531 et seq.). elevations of less than 4,600 ft (1,400 determined for Bromus arizonicus or Dated: January 7, 2005. m), and distributed within the inner Nassella cernua. North Coast Ranges, eastern San Steve Williams, Francisco Bay area, South Coast Ranges, Findings Director, Fish and Wildlife Service. Transverse Ranges, Peninsular Ranges, We have reviewed the petitions, [FR Doc. 05–1261 Filed 1–24–05; 8:45 am] and Baja California. The species has literature cited in the petitions, other BILLING CODE 4310–55–P

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