Federal Register / Vol. 63, No. 186 / Friday, September 25, 1998 / Proposed Rules 51329 relation to relevant statutory and advising any small governments that additional populations and on new regulatory requirements. may be significantly or uniquely information concerning the species’ impacted by the rule. habitat requirements and apparent IV. Administrative Requirements EPA has determined that the approval tolerance to habitat impacts. A. Executive Orders 12866 and 13045 action proposed does not include a ADDRESSES: The complete file for this Federal mandate that may result in The Office of Management and Budget notice is available for public inspection, estimated costs of $100 million or more (OMB) has exempted this regulatory by appointment, during normal business to either State, local, or tribal action from E.O. 12866 review. hours at the Service’s New Mexico governments in the aggregate, or to the The proposed rule is not subject to Ecological Services Field Office, 2105 private sector. This Federal action E.O. 13045, entitled ‘‘Protection of Osuna Road, NE., Albuquerque, New approves pre-existing requirements Children from Environmental Health Mexico 87113. under State or local law, and imposes Risks and Safety Risks,’’ because it is FOR FURTHER INFORMATION CONTACT: no new Federal requirements. not an ‘‘economically significant’’ action Charlie McDonald at the above address, Accordingly, no additional costs to under E.O. 12866. or telephone 505/346–2525. State, local, or tribal governments, or to SUPPLEMENTARY INFORMATION: B. Regulatory Flexibility Act the private sector, result from this Under the Regulatory Flexibility Act, action. Background 5 U.S.C. 600 et seq., EPA must prepare List of Subjects in 40 CFR Part 52 Parish’s alkali grass was first collected a regulatory flexibility analysis Environmental protection, Air by Samuel Bonsal Parish at Rabbit assessing the impact of any proposed or pollution control, Hydrocarbons, Springs in the Mojave Desert of final rule on small entities. 5 U.S.C. 603 Intergovernmental relations, Ozone, California in 1915. A.S. Hitchcock and 604. Alternatively, EPA may certify Reporting and recordkeeping described it as a new species in 1928. that the rule will not have a significant requirements, Volatile organic The genus Puccinellia contains about impact on a substantial number of small compound. 100 species of mostly north-temperate entities. Small entities include small grasses (Willis and Shaw 1973); there businesses, small not-for-profit Authority: 42 U.S.C. 7401–7671q. are 10 species in the United States enterprises, and government entities Dated: September 17, 1998. (Hitchcock and Chase 1951). Most with jurisdiction over populations of David P. Howekamp, species of Puccinellia have polyploid less than 50,000. chromosome numbers with only two Regional Administrator, Region 9. SIP approvals under section 110 and diploid species in the United States, P. subchapter I, part D of the Clean Air Act [FR Doc. 98–25760 Filed 9–24–98; 8:45 am] parishii and P. lemonii (Church 1949). do not create any new requirements but BILLING CODE 6560±50±U Studies by Davis and Goldman (1993) simply approve requirements that the indicate that P. parishii and P. lemonii State is already imposing. Therefore, are each genetically and because the Federal SIP approval does DEPARTMENT OF THE INTERIOR morphologically distinct. not impose any new requirements, the Parish’s alkali grass is a dwarf, Fish and Wildlife Service Administrator certifies that it does not ephemeral (winter-to-spring), tufted have a significant impact on any small 50 CFR Part l7 annual. The leaves are 1–3 centimeters entities affected. Moreover, due to the (cm) (0.4–1.2 inches (in)) long, firm, nature of the Federal-State relationship RIN 1018±AC2l upright, and very narrow. Flowering under the CAA, preparation of a stems are 2–20 cm (0.8–8.0 in) long, Endangered and Threatened Wildlife flexibility analysis would constitute number 1–25 per plant, and appear from and Plants; Withdrawal of Proposed Federal inquiry into the economic April to May. Plants grow from about Rule To List the Plant Puccinellia reasonableness of state action. The March through June, but can only be parishii (Parish's alkali grass) as Clean Air Act forbids EPA to base its positively identified during the Endangered actions concerning SIPs on such flowering period. Plants die during the grounds. Union Electric Co. v. U.S. EPA, AGENCY: U.S. Fish and Wildlife Service, typically dry southwestern spring. By 427 U.S. 246, 255–66 (1976); 42 U.S.C. Interior. mid-July, there is usually no sign of 7410(a)(2). ACTION: Proposed rule; withdrawal. plants at occupied sites. Parish’s alkali grass occupies alkaline C. Unfunded Mandates SUMMARY: The Fish and Wildlife Service springs, seeps, and seasonally wet areas Under section 202 of the Unfunded (Service) withdraws a proposal to list that occur at the heads of drainages or Mandates Reform Act of 1995 the plant Puccinellia parishii (Parish’s on gentle slopes at elevations of 800– (‘‘Unfunded Mandates Act’’), signed alkali grass) as an endangered species 2200 meters (m) (2600–7200 feet (ft)). into law on March 22, 1995, EPA must under the Endangered Species Act of The amount of available habitat prepare a budgetary impact statement to 1973, as amended. This small annual depends on the size of the wet area and accompany any proposed or final rule grass occurs near desert springs, seeps, can vary from a few square meters to 16 that includes a Federal mandate that and seasonally wet areas in Apache, hectares (ha) (40 acres (ac)). The species may result in estimated costs to State, Coconino, and Yavapai counties, requires continuously damp soils during local, or tribal governments in the Arizona; San Bernardino County, its late winter to spring growing period. aggregate; or to private sector, of $100 California; San Miguel County, The number of plants in a population million or more. Under section 205, Colorado, and Catron, Cibola, Grant, can fluctuate widely from year to year EPA must select the most cost-effective Hidalgo, McKinley, Sandoval, and San in response to growing conditions. and least burdensome alternative that Juan counties, New Mexico. The sites in Parish’s alkali grass often grows in achieves the objectives of the rule and Apache and Coconino counties, association with Distichlis spicata (salt is consistent with statutory Arizona, are on the Navajo and Hopi grass), Sporobolus airoides (alkali requirements. Section 203 requires EPA Indian reservations. This determination sacaton), Carex spp. (sedge), Scirpus to establish a plan for informing and is based on the recent discovery of spp. (bulrush), Juncus spp. (rush), 51330 Federal Register / Vol. 63, No. 186 / Friday, September 25, 1998 / Proposed Rules

Eleocharis spp. (spike rush), and discovered this site, the first recorded precluded by other listing actions of Anemopsis californica (yerba mansa). for Parish’s alkali grass in Colorado, in higher priority, in accordance with The geographic range of Parish’s the summer of 1998 during section 4(b)(3)(B)(iii) of the Act. alkali grass extends about 1,000 environmental surveys for a proposed On March 28, 1994, we published a kilometers (km) (600 miles (mi)) east to gas transmission line. The site has proposal in the Federal Register (59 FR west from Sandoval County, New 2,200–2,700 plants. Additional suitable 14378) to list Parish’s alkali grass as Mexico, to San Bernardino County, habitat is present in the area, but has not endangered. We received one request for California, and about 600 km (370 mi) been surveyed. a public hearing. We published a notice north to south from San Miguel County, Previous Federal Action announcing the public hearing and Colorado, to Hidalgo County, New reopening the comment period in the Mexico. Federal action on this species began Federal Register on August 30, 1994 (59 Parish’s alkali grass is currently as a result of section 12 of the FR 44700). We held the public hearing known from 30 sites. There are 17 sites Endangered Species Act of 1973, as on September 15, 1994, in Tuba City, in New Mexico, 11 in Arizona, 1 in amended (Act) (16 U.S.C. 1531 et seq.), Arizona. which directed the Secretary of the California, and 1 in Colorado. In the In consideration of the length of time Smithsonian Institution to prepare a proposed rule to list the species (59 FR since the initial proposal and the 14378; March 28, 1994), it was reported report on those plants considered to be acquisition of new information about from 10 sites, although 1 of these sites endangered, threatened, or extinct in the Parish’s alkali grass, we published a was later determined to be a United States. The Smithsonian notice in the Federal Register on July misidentified specimen. Institution presented this report, 20, 1998 (63 FR 38803), that The known sites in New Mexico have designated as House Document No. 94– summarized the new information and increased to 17 from the 1 reported in 51, to Congress on January 9, 1975. On reopened the comment period for 30 the proposed rule. Personnel of the New July 1, 1975, we published a notice in Mexico Forestry Division discovered 12 the Federal Register (40 FR 27823) days. new sites in Catron (1), Cibola (1), accepting the Smithsonian report as a Processing of this proposed rule Hidalgo (1), McKinley (6), and Sandoval petition within the context of section conforms with our Listing Priority (3) counties (Sivinski 1995). Two new 4(c)(2) (now section 4(b)(3)) of the Act, Guidance for Fiscal Years 1998 and sites are in San Juan County (K. Heil, and giving notice of our intention to 1999, published on May 8, 1998 (63 FR San Juan College, Farmington, New review the status of the plants named 25502). The guidance clarifies the order Mexico, pers. comm. 1995), and the therein. On December 15, 1980 (45 FR in which we will process rulemakings Bureau of Land Management reported 82479), we published an updated notice giving highest priority (Tier 1) to two new sites in Sandoval County (in reviewing the native plants being processing emergency rules to add litt. 1996). The one site reported in the considered for classification as species to the Lists of Endangered and proposed rule is in Grant County. endangered or threatened. We placed Threatened Wildlife and Plants (Lists); The known sites in Arizona have Parish’s alkali grass in Category 1 in that second priority (Tier 2) to processing increased to 11 from the 7 reported in notice. Category 1 included those plants final determinations on proposals to add the proposed rule. The grass is for which we had sufficient information species to the Lists, processing new described as common at one new site in to support proposing to list them as proposals to add species to the Lists, Yavapai County about 240 km (150 mi) threatened or endangered. We placed processing administrative findings on southwest of the nearest other Arizona Parish’s alkali grass in Category 2 in the petitions (to add species to the Lists, site (P. Warren, The Nature November 23, 1983, supplement to the delist species, or reclassify listed Conservancy, Tucson, Arizona, pers. plant notice (48 FR 53640). Category 2 species), and processing a limited comm. 1996). Three new sites are in included those taxa for which available number of proposed or final rules to Apache County, one on the Apache- information indicated listing may be delist or reclassify species; and third Sitgreaves National Forest (T. Myers, warranted, but for which information on priority (Tier 3) to processing proposed U.S. Forest Service, Springerville, status and threats sufficient to support or final rules designating critical habitat. Arizona, in litt. 1997), and two on the listing proposals was lacking. We Processing of this proposed rule is a Navajo Indian Reservation (D. Roth, included Parish’s alkali grass in Tier 2 action. Navajo Natural Heritage Program, Category 2 in the 1985 and 1990 plant Summary of Comments and Window Rock, Arizona, pers. comm. notices (50 FR 39525, September 27, Recommendations 1997). The seven sites reported in the 1985; 55 FR 6183, February 21, 1990), proposed rule are in Coconino County and in Category 1 in the 1993 notice (58 In the March 28, 1994, proposed rule, on the Navajo and Hopi Indian FR 51144; September 30, 1993). and the August 30, 1994, and July 20, reservations. Section 4(b)(3)(B) of the Act requires 1998, notices reopening the comment The known sites in California have the Secretary to make findings on period, we requested all interested decreased to one from the two reported certain pending petitions within 1 year parties to submit factual reports or in the proposed rule. Dr. Andrew of their receipt. Section 2(b)(1) of the information that might contribute to the Sanders of the University of California, 1982 amendments further requires that development of a final rule. We Riverside, has identified the plants from all petitions pending on October 13, contacted appropriate Federal and State Edwards Air Force Base in Kern County 1982, be treated as having been newly agencies, Tribal and county as Puccinellia simplex rather than P. submitted on that date. Because Parish’s governments, scientific organizations, parishii (C. Rutherford, U.S. Fish and alkali grass was included in the 1975 and other interested parties and Wildlife Service, in litt. 1995). Smithsonian report, which was requested them to comment. We The most recently discovered site accepted as a petition, we treated the published notices of the proposed occurs near Miramonte Reservoir in San petition to list this species as being listing in mid-April, 1994, in three Miguel County, Colorado (J. Ferguson, newly submitted on October 13, 1982. newspapers in New Mexico, two in Bureau of Land Management, Montrose, In each year from 1983 to 1993, we Arizona, and four in California. We Colorado, pers. comm. 1998). Arnold made a finding that listing Parish’s published notices announcing the Clifford, a botanist with Ecosphere Inc., alkali grass was warranted, but public hearing and reopening of the Federal Register / Vol. 63, No. 186 / Friday, September 25, 1998 / Proposed Rules 51331 comment period in two newspapers in in New Mexico that could be habitat for Parish’s alkali grass is now known Arizona on September 10, 1994. Parish’s alkali grass. In surveys of these from 30 sites as opposed to 10 sites Three people attended the public springs, he found five dry and the flow reported in the proposed rule. Some of hearing. One individual made oral from six others completely captured for the new discoveries have extended the comments opposing the listing. livestock or domestic use. Most of the overall range of the species. In Fourteen comment letters were remaining springs had been modified at particular, the site in southwestern received, one from a Federal agency, some time, but still flowed. Colorado extends the species’ range three from State agencies, four from Nevertheless, as discussed under factor about 330 km (205 mi) northeastward Tribal governments, two from private A of the following ‘‘Summary of Factors from previously known sites in Arizona, organizations, and four from Affecting the Species’’ section, Parish’s and the discovery in west-central individuals. Two commenters alkali grass has been discovered at sites Arizona extends the species’ range supported the listing, eight opposed the other than springs, which greatly about 240 km (150 mi) southwestward listing, and four offered comments or increases the likelihood of finding more in that State. Many of the new sites fill information without taking a position populations of this plant. gaps in the known distribution making on the listing. Below we discuss specific populations much less disjunct from comments or issues, which are contrary Summary of Factors Affecting the one another than previously supposed. to our decision to withdraw the Species Characteristics of some recently proposed listing. Comments of a similar Section 4(a)(1) of the Act and discovered Parish’s alkali grass sites nature or point are grouped into general regulations (50 CFR part 424) indicate that the species occupies a issues for purposes of response. promulgated to implement the listing somewhat broader range of habitats than Issue 1: Parish’s alkali grass merits provisions of the Act set forth the previously supposed. Several sites were protection because of its small and procedures for adding species to the discovered where the soils are isolated populations that are limited to Federal lists and for withdrawing a subirrigated and wet only during the a very specific habitat. proposed rule when warranted. We may winter and spring months. These sites Response: Recent discoveries indicate determine a species to be an endangered are generally not identified as springs that Parish’s alkali grass, although still or threatened species due to one or more on maps and are only noticeable rare, is more common than previously of the five factors described in section because their greener vegetation supposed. Some of the newly 4(a)(1). These factors as they apply to contrasts with the surrounding brown discovered populations indicate Parish’s the withdrawal of the proposed rule for vegetation during the dry spring alkali grass occupies a somewhat Puccinellia parishii Hitchcock (Parish’s months. One newly discovered site broader range of habitats than alkali grass) are as follows: occurs at 2,240 m (7,350 ft) in elevation, previously known. Several new which is 410 m (1,350 ft) higher than populations were discovered at sites A. The present or threatened any of the sites identified in the that are wet only during the winter and destruction. modification. or proposed rule. These discoveries greatly spring. These ephemeral seeps are not curtailment of its habitat or range. increase the number of potential sites marked on maps and were discovered Parish’s alkali grass is vulnerable to where Parish’s alkali grass might be when searching springs in the same alteration of the hydrology of the found. general area. The number of these seeps habitats upon which it depends. B. Overutilization for commercial. is unknown, but they greatly increase Sivinski (1995) observed that 11 of the recreational. scientific. or educational the available suitable habitat for Parish’s 58 springs that he surveyed for Parish’s purposes. We do not know of any alkali grass. alkali grass in New Mexico were either commercial or recreational uses for Issue 2: Parish’s alkali grass is dry or completely captured for livestock Parish’s alkali grass. Although we threatened by livestock grazing and or domestic use. In addition to natural identified scientific collecting as a other impacts that have modified desert drought, other factors causing springs to potential threat in the proposed rule, the springs in the southwest. go dry in the Southwest include newly discovered populations reduce Response: We agree that a large groundwater pumping, erosion and this concern. In addition, this annual number of desert springs in the stream entrenchment, and salt cedar grass is abundant in favorable years southwest have been modified for (Tamarix spp.) invasion. However, within its limited habitat and should be various uses. Some of the newly Parish’s alkali grass is apparently able to unharmed by limited collecting for discovered populations, however, cast withstand some types of human taxonomic or ecological research. We do doubt on the negative effects of disturbance. For example, the grass not know of any trade of Parish’s alkali livestock on Parish’s alkali grass. Heavy occurs where there is farming, where grass and do not expect any to develop. grazing and trampling have occurred for springs have been modified into earthen C. Disease or predation. Cattle decades at several springs where impoundments, and where there is light generally do not graze Parish’s alkali Parish’s alkali grass is present. to heavy livestock grazing and grass due to its small size. Jackrabbits Disturbance around springs may reduce trampling. In one instance, a highway (Lepus californicus) have been competition and create open microsites right-of-way fence protects part of a site documented grazing the San Bernardino that benefit this small annual grass. The from grazing. The protected area has a County, California, site during relationship between livestock impacts dense stand of sweet clover (Melilotus midsummer with unknown effects (T. at springs and Parish’s alkali grass sp.) and no Parish’s alkali grass, but the Thomas, pers. comm. 1993). No requires further study. grass is abundant in the grazed area only significant disease has been observed in Issue 3: Parish’s alkali grass is a few meters away. Further study is this species. threatened by the potential loss of entire needed to determine what types of D. The inadequacv of existing ecosystems where it is found. disturbances are detrimental to Parish’s regulatory mechanisms. Parish’s alkali Response: We are aware that various alkali grass, and what types may benefit grass is included as a Highly factors have caused some springs in the the species through reduced Safeguarded species on the list of plants Southwest to go permanently dry. competition with other vegetation and protected under the Arizona Native Sivinski (1995) used topographic maps the creation of favorable microsites for Plant Law ARS3–901, administered by to determine the locations of 58 springs seedling establishment. the Arizona Department of Agriculture. 51332 Federal Register / Vol. 63, No. 186 / Friday, September 25, 1998 / Proposed Rules

A Highly Safeguarded species is one Federal, State, and local agencies, March 28, 1994, proposed rule (59 FR ‘‘* * * whose prospects for survival in private groups, and individuals. Section 14378) to list Parish’s alkali grass as this State are in jeopardy * * *’’ The 7(a) of the Act, which requires Federal endangered. protections afforded a Highly agencies to ensure that activities they Safeguarded species include restrictions authorize, fund, or carry out are not References Cited on collecting and a requirement for likely to jeopardize the continued California Native Plant Society. 1992. salvage permits. existence of a threatened or endangered Inventory of rare and endangered The Navajo Fish and Wildlife species, will not apply without Federal vascular plants of California. California Department has developed the Navajo listing. However, it is the policy of most Native Plant Society, Sacramento, Nation Endangered Species List for Federal agencies to protect State- and California. Tribal lands under Title 17 Section Tribal-listed species to a similar degree Church, G.L. 1949. A cytotaxonomic study of 507(a) of the Navajo Tribal Code and Glyceria and Puccinellia. American as federally listed species. Journal of Botany 36:155–165. Navajo Nation Council Resources E. Other natural or manmade factors Davis, J.I. and D.H. Goldman. 1993. Isozyme Committee Resolution RCF–014–91. affecting its continued existence. The variation and species delimitation among Parish’s alkali grass is identified as a discovery of Parish’s alkali grass at 20 diploid populations of the Puccinellia Group 2 species on this list, meaning more sites than reported in the proposed nuttalliania complex (Poaceae): that it is considered in danger of being rule, and the fact that many new sites character fixation and the discovery of eliminated from all or a significant are at locations several hundred phylogenetic species. Taxon 42:585–599. portion of its range on the Navajo kilometers from the sites previously Hitchcock, A.S. 1928. New Species of grasses Nation. This designation became known reduces the concern for from the United States. Proceedings of effective February 14, 1994 (L. Benallie, extinction through random the Biological Society of Washington Navajo Fish and Wildlife Department, in environmental events such as drought. 41:157–58. litt. 1993). Hitchcock, A.S. and A. Chase. 1951. Manual Finding and Withdrawal of the grasses of the United States, Although the State of California does second edition. United States not list Parish’s alkali grass as Data collected since Parish’s alkali Department of Agriculture Miscellaneous endangered, it is on List lB of the Native grass was proposed for listing indicate Publication Number 200, Washington, Plant Society’s Inventory of Rare and the species is more abundant and has a D.C. Endangered Vascular Plants of greater geographic range than previously Sivinski, R. 1995. Parish’s alkali grass, California (California Native Plant supposed. Parish’s alkali grass was progress report. New Mexico Forestry Society 1992). List lB plants are formerly thought to occur only at and Resources Conservation Division considered ‘‘* * * rare, threatened, or springs, but some of the recently Section 6 Performance Report, Project endangered in California and discovered sites show that suitable E9, Segment 9. U.S. Fish and Wildlife elsewhere.’’ Under the guidelines of the habitat exists where soils are Service, Albuquerque, New Mexico. subirrigated (irrigated below the surface) Sivinski, R. and K. Lightfoot, editors. 1995. California Environmental Quality Act, Inventory of the rare and endangered the State considers List lB species and wet only during the winter and plants of New Mexico, third edition. equivalent to State-listed species for the spring months thus greatly expanding New Mexico Forestry and Resources purposes of disclosing project impacts the amount of suitable habitat. Conservation Division, Energy, Minerals to sensitive resources in environmental Conditions at some recently discovered and Natural Resources Department assessments. However, such disclosures sites indicate the species may tolerate, Miscellaneous Publication Number 4. do not necessarily protect List lB or even benefit from, certain Willis, J.C. and H.K.A. Shaw. 1973. A species from project impacts. disturbances that were previously dictionary of the flowering plants and Parish’s alkali grass is listed as identified as threats. ferns, eighth edition. Cambridge endangered under the New Mexico Parish’s alkali grass is designated as University Press, Cambridge, England. Endangered Plant Species Act (9–10–10 ‘‘endangered’’ under State and Tribal Author NMSA) and attendant regulation (19 statutes in Arizona, New Mexico, and NMAC 21.2). Species so listed are the Navajo Nation. In California, it is on The primary author of this notice is protected from unauthorized collection List lB of the Native Plant Society’s Charlie McDonald (See ADDRESSES or take in New Mexico (Sivinski and Inventory of Rare and Endangered section). Lightfoot 1995). Vascular Plants of California. These Authority Parish’s alkali grass was first designations provide recognition to the discovered in Colorado in the summer species and promote its conservation in The authority for this action is section of 1998. It is not yet protected under any many ways that are similar to listing 4(b)(6)(B)(ii) of the Endangered Species Colorado endangered species laws. under the Act. Act of 1973, as amended (16 U.S.C. 1531 The above designations provide Based on recent discoveries of et seq.). conservation measures for Parish’s additional sites and new information on alkali grass equivalent to many of the suitable habitats and threats to the Dated: September 17, 1998. measures available through listing species, we have concluded that listing Jamie Rappaport Clark, under the Act. State and Tribal listing Parish’s alkali grass as endangered or Director, Fish and Wildlife Service. provides recognition for the species that threatened under the Act is not [FR Doc. 98–25717 Filed 9–24–98; 8:45 am] results in conservation actions by warranted. Therefore, we withdraw our BILLING CODE 4310±55±P