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Federal Register/Vol. 63, No. 186/Friday, September 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).
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