Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Proposed Rules 30209 disposal. Therefore, no operation and DEPARTMENT OF TRANSPORTATION projects. Recent evidence indicates that maintenance activities are required. Lloyd’s hedgehog cactus is not a distinct National Highway Traffic Safety Although the remedial action was species but rather a hybrid. Therefore, Administration completed in April of 1988, the Lloyd’s hedgehog cactus does not qualify for protection under the Act. monitoring wells installed and utilized 49 CFR Part 571 during the RI had to be properly DATES: Comments from all interested parties must be received by August 13, abandoned prior to deletion of the Site [Docket 87±10; Notice 8] 1996. Public hearing requests must be from the NPL. In the spring of 1995, the Federal Motor Vehicle Safety received by July 29, 1996. U.S. Army Corps of Engineers, Standards; Power-Operated Window, ADDRESSES: Comments and materials Baltimore District was tasked under an Partition, and Roof Panel Systems; concerning this proposal should be sent interagency agreement with EPA to Correction to the Field Supervisor, Ecological properly abandon all monitoring wells Services Austin Field Office, U.S. Fish AGENCY: National Highway Traffic except those which Jefferson County and Wildlife Service, 10711 Burnet Safety Administration; DOT. chose to retain for use in monitoring the Road, Suite 200, Hartland Bank groundwater in the vicinity of its solid ACTION: Correction. Building, Austin, Texas 78758. waste landfill. This work was completed SUMMARY: In Docket 87–10, Notice 6, Comments and materials received will in June of 1995. On August 24, 1995, be available for public inspection, by EPA accepted the Corps of Engineers’ Notice of Proposed Rulemaking, beginning on page 28124 in the issue of appointment, during normal business report entitled ‘‘Closure Report: Tuesday, June 4, 1996, make the hours at the above address. Abandonment of Monitoring Wells, following correction: FOR FURTHER INFORMATION CONTACT: Leetown Pesticides Superfund Site, On page 28124 in the second column, Kathryn Kennedy or Elizabeth Materna, Leetown West Virginia’’ as a final 25th line, change the words ‘‘Notice 6’’ (see ADDRESSES section) (telephone document. to ‘‘Notice 7.’’ 512/490–0057; facsimile 512/490–0974). EPA is required to review remedial Authority: 49 U.S.C. 322, 30111, 30115, SUPPLEMENTARY INFORMATION: actions every five years if hazardous 30117, and 30166; delegation of authority at Background substances, pollutants, or contaminants 49 CFR 1.50. Echinocereus lloydii (Lloyd’s remain at the site above levels that FOR FURTHER INFORMATION CONTACT: Mr. hedgehog cactus), a member of the allow for unrestricted exposure and Paul Atelsek, Office of the Chief unlimited use. Since neither of these cactus family, was first collected by F.E. Counsel, NCC–20, telephone (202) 366– Lloyd in 1922 and was named in his conditions exists at this Site, further 2992. five-year reviews are not warranted and honor by Britton and Rose (1937). The Issued: June 10, 1996. will not be conducted. first plants collected by Mr. Lloyd were Barry Felrice, from near Fort Stockton, Pecos County, C. Conclusion Associate Administrator for Safety Texas (Weniger 1970). Performance Standards. Lloyd’s hedgehog cactus is a The NCP at 40 CFR 300.425(e)(ii) [FR Doc. 96–15069 Filed 6–13–96; 8:45 am] cylindrical cactus with one to several provides that EPA may delete a site BILLING CODE 4910±59±P stems up to about 20 centimeters (cm) from the NPL if ‘‘all appropriate Fund- (8 inches (in)) long and 10 cm (4 in) in financed response under CERCLA has diameter. The flowers vary from been implemented, and no further DEPARTMENT OF THE INTERIOR lavender to magenta in color, are about action by responsible parties is 5 cm (2 in) in diameter, and form appropriate.’’ EPA, with the Fish and Wildlife Service mature fruits that are green, tinged with concurrance of the State of West pink or orange when ripe (Correll and Virginia, believes that this criterion for 50 CFR Part 17 Johnston 1979, Poole and Riskind 1987). Lloyd’s hedgehog cactus is known deletion has been met. Therefore, EPA RIN 1018±AD91 is proposing deletion of this Site from from Brewster, Culberson, Pecos, and the NPL. Documents supporting this Endangered and Threatened Wildlife Presidio Counties in Texas as well as action are available in the Site and Plants; Proposed Rule To Remove from Eddy County in New Mexico. It information repositories listed the Plant Echinocereus lloydii (Lloyd's has also been reported from the state of previously in this document. Hedgehog Cactus) from the Federal Chihuahua in Mexico. Currently fewer than 15 localities are known from the Dated: June 4, 1996. List of Endangered and Threatened Plants U.S., most occurring on private lands. Stanley L. Laskowski, These cacti occur in the shrub and Acting Regional Administrator, U.S. EPA AGENCY: Fish and Wildlife Service, brush rangeland of the Chihuahuan Region III. Interior. Desert, and are usually found associated [FR Doc. 96–14911 Filed 6–13–96; 8:45 am] ACTION: Proposed rule. with Agave lecheguilla (lechuguilla), BILLING CODE 6560±50±P Prosopis glandulosa (mesquite), Larrea SUMMARY: The Fish and Wildlife Service tridentata (creosote bush), Flourensia (Service) under the authority of the cernua (tarbush), Viguiera stenoloba Endangered Species Act of 1973 (Act), (skeleton-leaf goldeneye), and various as amended, proposes to remove the cacti (Opuntia sp., Echinocereus sp., plant Echinocereus lloydii (Lloyd’s Echinocactus sp., and Coryphantha sp.) hedgehog cactus) from the Federal List (Poole and Riskind 1987). of Endangered and Threatened Plants. Lloyd’s hedgehog cactus is usually Lloyd’s hedgehog cactus was listed as found on limestone with occasional endangered on October 26, 1979, due to weathered metamorphic rock. The cacti threats of collection and highway grow on sandy, gravelly, or rocky soils 30210 Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Proposed Rules on slopes and hillsides, on bare rock Steve Brack (U.S. Fish and Wildlife hedgehog cactus is not primitive and ledges (Benson 1982, Weniger 1979), Service 1985) reported that in his field probably arose through hybridization. and on fine-textured alluvial soils examination of Lloyd’s hedgehog cactus Concluding that plants recognized as (Poole and Zimmerman 1985). Elevation he had located plants only in proximity Lloyd’s hedgehog cactus arose through of known localities is between 900 and to E. dasyacanthus and E. coccineus. hybridization raised questions about the 1650 meters (2950 and 5410 feet) This apparent lack of isolation integrity or cohesiveness of populations (Benson 1982). Lloyd’s hedgehog cactus combined with the intermediate and whether they were sufficiently typically grows on open, fully exposed appearance of the plants raised distinct, isolated, and independently sites with very scattered forbs, grasses, questions about the taxonomic evolving genomes that they should be and brush (Weniger 1979). However, it interpretation of Lloyd’s hedgehog recognized as distinct species. Powell et also occurs in dense mesquite scrub cactus as a distinct species. It suggested al.’s (1991) phytochemical, among tall grasses (Poole and the possibility that Lloyd’s hedgehog morphological, and crossing studies Zimmerman 1985). cactus might be the result of recent and detected no unique characters or Lloyd’s hedgehog cactus was listed as sporadic hybridizations, and simply reproductive isolation that would an endangered species on October 26, represent relatively unstable hybrid demonstrate any independent evolution 1979 (44 FR 61916) under the authority swarms that were not evolving had occurred. Though their study of the Endangered Species Act (Act) of independently and should not be lacked comprehensive examination and 1973, as amended (16 U.S.C. 1531 et recognized as a species. The Service interpretation of populations in the field seq.). At the time of listing, Lloyd’s determined that the potential hybrid and throughout the known range, they hedgehog cactus was considered to be a status of Lloyd’s hedgehog cactus suggested that plants recognized as distinct species, and to be threatened by should be investigated. Lloyd’s hedgehog cactus might overcollection, habitat loss or alteration Powell, Zimmerman, and Hilsenbeck represent mere sporadic hybrid swarms due to highway construction and (1991) conducted experimental crosses, in areas of E. dasyacanthus and E. maintenance, and potentially by morphological analyses, pollen coccineus sympatry, and should overgrazing by livestock. stainability studies, chromosome probably be recognized only as a counts, and phytochemical studies on nothotaxon (a hybrid recognized It has long been recognized that the the progeny from experimental crosses nomenclaturally for purposes of physical characteristics of Lloyd’s between E. dasyacanthus and E. identification). They designated their hedgehog cactus are intermediate coccineus and on naturally occurring artificially produced hybrids as between those of Echinocereus Lloyd’s hedgehog cacti. They Echinocereus X lloydii. dasyacanthus (Texas rainbow cactus) demonstrated that hybrids between E. Zimmerman (1992) examined and Echinocereus coccineus (a species dasyacanthus and E. coccineus could be geographical distribution, correlations of claret-cup cactus). There were several easily produced, closely resembled with geographic variation across the ideas about how such intermediacy naturally occurring Lloyd’s hedgehog range of Lloyd’s hedgehog cactus and its could have arisen. One theory was that cacti, and were interfertile and able to parental species, and population Lloyd’s hedgehog cactus represented a backcross to the parental species to characteristics at several sites in the primitive ancestral evolutionary lineage, produce another generation of plants. If wild. He found that Lloyd’s hedgehog which diversified over time giving rise such fertile hybrids were produced in cactus was only found in areas of to two new lineages producing E. the wild, they could presumably sympatry between E. dasyacanthus and dasyacanthus and E. coccineus. Another multiply and backcross to the parental E. coccineus. Further, sites with Lloyd’s theory was that Lloyd’s hedgehog cactus species forming the sort of persistent hedgehog cactus did not demonstrate was of hybrid origin, the result of intermediate populations of high populational integrity or cohesion. ancient hybridization between E. variability that are found naturally. Populations were not uniform in dasyacanthus and E. coccineus, but now Their work suggested that Lloyd’s appearance and exhibited great an independent taxon recognizable as a hedgehog cactus could have arisen as a variation among individuals consistent species. result of hybridization between these with a pattern of backcrossing or While interspecific hybridization other two species of Echinocereus, both introgression with the parental species. between members of the genus of which are common and not protected Zimmerman could find no evidence of Echinocereus had been reported, by the Act. reproductive isolation in the field. The hybridization between E. coccineus and The probability that Lloyd’s hedgehog blooming time of Lloyd’s hedgehog E. dasyacanthus seemed highly unlikely cactus arose through hybridization cactus overlapped both parental species, as the two species differ greatly in rather than representing a persistent and Lloyd’s hedgehog cactus did not morphology, have different ancestral condition was heightened by exhibit any habitat preference that predominant pollinators (one Powell et al.’s (1991) finding that would provide any significant physical hummingbird pollinated, the other bee naturally occurring Lloyd’s hedgehog separation from the parental species. He pollinated), and generally grow in cacti have tetraploid chromosome concluded that Lloyd’s hedgehog cactus different habitats (one a more mesic numbers, as do E. dasyacanthus and E. is not a legitimate species, but felt that species and the other typical of more coccineus. Tetraploid chromosome plants generally recognized as Lloyd’s open desert). In addition, anywhere they numbers are considered an advanced or hedgehog cactus were distinctive had been grown or found together they recently derived characteristic in the enough that for purposes of description had been observed to bloom at different cactaceae, rather than a primitive one. and identification it would be times with little if any overlap. While Zimmerman (1992) made additional convenient to formally designate them many hybrids are sterile, plants of observations on pollinators and other as a nothotaxon. His review of the Lloyd’s hedgehog cactus were known to ecological and phenological isolating nomenclature resulted in the be fertile and able to reproduce. Wild mechanisms. He also did cladistic recommendation that plants formerly populations were known to have analyses of the primitive and advanced recognized as Echinocereus lloydii persisted for some time, and treatment species of the rainbow cacti and claret- should properly be referred to as the as a distinct species was generally cup cacti taxonomic groups and Lloyd’s nothotaxon Echinocereus X roetteri var. accepted. hedgehog cactus. He agreed that Lloyd’s neomexicanus. Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Proposed Rules 30211

Previous Federal Action postponed in favor of other, higher D. The inadequacy of existing Federal government action concerning priority listing actions. regulatory mechanisms. At the time Lloyd’s hedgehog cactus was listed, the Lloyd’s hedgehog cactus began with Summary of Factors Affecting the states of Texas and New Mexico had no section 12 of the Act, which directed the Species Secretary of the Smithsonian Institution laws protecting endangered and After a review of all information to prepare a report on those plants threatened plants. Since the listing, both available, the Service is proposing to considered to be endangered, states have enacted protective laws and remove Lloyd’s hedgehog cactus from threatened, or extinct. This report regulations for plants. Lloyd’s hedgehog the List of Endangered and Threatened (House Document No. 94–51), which cactus is on the New Mexico State List Plants. Section 4(a)(1) of the Endangered included Lloyd’s hedgehog cactus, was of Endangered Plant Species (9–10–10 Species Act and regulations (50 CFR NMSA 1978; NMFRCD Rule No. 91–1) presented to Congress on January 9, part 424) promulgated to implement the 1975, and accepted by the Service under and on the Texas List of Endangered, listing provisions of the Act set forth the Threatened or Protected Plants (Chapter section 4(c)(2), now section 4(b)(3)(A), procedures for adding species to or of the Act as a petition to list these 88, Texas Parks and Wildlife Code). removing them from the Federal lists. On July 1, 1975, all members of the species. The report, along with a The regulations at 50 CFR 424.11(d) family cactaceae were included in statement of the Service’s intention to state that a species may be delisted if (1) Appendix II of the Convention on review the status of the plant taxa, was it becomes extinct, (2) it recovers, or (3) International Trade in Endangered published in the Federal Register on the original classification data were in Species of Wild Fauna and Flora July 1, 1975 (40 FR 27823). On June 16, error. Since the time of listing, (CITES). CITES is an international treaty 1976, the Service published a proposed additional study has shown that Lloyd’s established to prevent international rule in the Federal Register (41 FR hedgehog cactus is not a distinct trade that may be detrimental to the 24523) to determine approximately species, but a hybrid. The Service has survival of plants and animals. A CITES 1,700 vascular plant species to be concluded that the original taxonomic export permit must be issued by the endangered pursuant to section 4 of the interpretation upon which the listing exporting country before an Appendix II Act. Lloyd’s hedgehog cactus was decision was based was incorrect, and species may be shipped. CITES permits included in this proposal. Four general Lloyd’s hedgehog cactus does not may not be issued if the export will be hearings pertaining to this proposal qualify for protection because it does detrimental to the survival of the were held in July and August of 1976, not fit the definition of a species as species or if the specimens were not in the following cities—Washington, specified in the Act. legally acquired. However, CITES does D.C.; Honolulu, Hawaii; El Segundo, A species may be determined to be an not itself regulate take or domestic California; and Kansas City, Missouri. A endangered or threatened species due to trade. fifth public hearing was held on July 9, one or more of the five factors described E. Other natural or manmade factors 1979, in Austin, Texas, for seven Texas in Section 4(a)(1). At the time of listing affecting its continued existence. cacti, including Lloyd’s hedgehog it was believed that Lloyd’s hedgehog Concern about a restricted gene pool cactus, and one fish. The final rule cactus was a distinct species and that due to a low number of populations was listing Lloyd’s hedgehog cactus as an several of these factors were present. listed in the final rule as a factor that endangered species was published on These factors and their application to could intensify the adverse effects of October 26, 1979 (44 FR 61916). No Echinocereus lloydii Britt. & Rose other threats. critical habitat was designated. (Lloyd’s hedgehog cactus) were The Service’s determination that The processing of this proposal to discussed in detail in the final rule (44 Lloyd’s hedgehog cactus should be delist follows the Service’s final listing FR 61916) and included: proposed for delisting is based on priority guidance published in the A. The present or threatened evidence that it is a hybrid that does not Federal Register on May 16, 1996 (61 destruction, modification, or qualify for protection under the Act, FR 24722). The guidance clarifies the curtailment of its habitat or range. The rather than on the control of threats. order in which the Service will process Service was concerned that Lloyd’s The Service has carefully assessed the rulemakings following two related hedgehog cactus was vulnerable from best scientific and commercial events: 1) the lifting, on April 26, 1996, past and potential habitat destruction information available regarding the of the moratorium on final listings due to highway construction and conclusion that Lloyd’s hedgehog cactus imposed on April 10, 1995 (Public Law maintenance, and the potential is a hybrid that does not qualify for 104–6), and 2) the restoration of destructive impacts of overgrazing in protection under the Act in determining significant funding for listing through the rural rangeland habitat. to propose this rule. Based on this passage of the omnibus budget B. Overutilization for commercial, evaluation, the preferred action is to reconciliation law on April 26, 1996, recreational, scientific, or educational remove Lloyd’s hedgehog cactus from following severe funding constraints purposes. At the time of the final rule the List of Endangered and Threatened imposed by a number of continuing and continuing today, Lloyd’s hedgehog Plants. resolutions between November 1995 cactus is in world-wide demand by and April 1996. The guidance calls for collectors of rare cacti. Removal of Effects of the Proposed Rule prompt processing of draft listings, plants from the wild has depleted The Act and its implementing including proposed delistings, that were natural populations. regulations set forth a series of general already in the Service’s Washington C. Disease or predation. At the time prohibitions and exceptions that apply office and already approved by the field of listing it was believed that Lloyd’s to all endangered plants. All and regional offices when the severe hedgehog cactus, particularly young prohibitions of section 9(a)(2) of the Act, funding constraints were imposed in plants, could suffer possible adverse implemented by 50 CFR 17.61, apply to early fiscal year 1996. A draft of this affects from trampling by grazing Lloyd’s hedgehog cactus. These rule was approved by the Service’s livestock. The final rule reported that prohibitions, in part, make it illegal for Albuquerque Regional Director and light grazing did not seem to affect the any person subject to the jurisdiction of transmitted to the Washington office on species, however, intense grazing could the United States to import or export, April 4, 1995, where processing was threaten its continued existence. transport in interstate or foreign 30212 Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Proposed Rules commerce in the course of a commercial The Service will take into Zimmerman, A.D. 1992. Systematics of activity, sell or offer for sale in interstate consideration the comments and any Echinocereus X roetteri (Cactaceae), or foreign commerce, or remove and additional information received and including Lloyd’s hedgehog-cactus. reduce the cactus to possession from such communications may lead to a Southwestern Rare and Endangered Plants; areas under Federal jurisdiction. In Proceedings of the Southwestern Rare and final regulation that differs from this Endangered Plant Conference. Forestry and addition, for plants listed as proposal. Resources Conservation Division of the endangered, the Act prohibits the The Endangered Species Act provides New Mexico Energy, Minerals, and Natural malicious damage or destruction on for one or more public hearings on this Resources Department. Miscellaneous areas under Federal jurisdiction and the proposal, if requested. Requests must be Publication 2:270–288. removal, cutting, digging up, or received within 45 days of the date of damaging or destroying of such plants publication of the proposal in the Authors in knowing violation of any State law or Federal Register. Such requests must be The primary authors of this document regulation, including State criminal made in writing and addressed to Field are Elizabeth Materna and Kathryn trespass law. If Lloyd’s hedgehog cactus Supervisor (see ADDRESSES section). Kennedy, Ecological Services Austin is removed from the List of Endangered Field Office (see ADDRESSES section). National Environmental Policy Act and Threatened Plants, these List of Subjects in 50 CFR Part 17 prohibitions would no longer apply. The Fish and Wildlife Service has If Lloyd’s hedgehog cactus is delisted, determined that Environmental Endangered and threatened species, the requirements under section 7 of the Assessments and Environmental Impact Exports, Imports, Reporting and Act would no longer apply. Federal Statements, as defined under the recordkeeping requirements, and agencies would not be required to authority of the National Environmental Transportation. consult with the Service on their actions Policy Act of 1969, need not be Proposed Regulation Promulgation that may affect Lloyd’s hedgehog cactus. prepared in connection with regulations The 1988 amendments to the Act adopted pursuant to section 4(a) of the Accordingly, the Service hereby require that all species delisted due to Endangered Species Act of 1973, as proposes to amend part 17, subchapter recovery be monitored for at least 5 amended. A notice outlining the B of chapter I, title 50 of the Code of years following delisting. Lloyd’s Service’s reasons for this determination Federal Regulations, as set forth below: hedgehog cactus is being proposed for was published in the Federal Register PART 17Ð[AMENDED] delisting because the taxonomic on October 25, 1983 (48 FR 49244). interpretation that it is a species has References Cited 1. The authority citation for part 17 been found to be incorrect; Lloyd’s continues to read as follows: Benson, L. 1982. The cacti of the United hedgehog cactus is an unstable hybrid Authority: 16 U.S.C. 1361–1407; 16 U.S.C. States and Canada. Stanford University rather than a distinct taxon. Therefore, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Press, Stanford, California. 1044 pp. no monitoring period following 625, 100 Stat. 3500, unless otherwise noted. delisting is required. Britton, N.L. and J.N. Rose. 1937. The Cactaceae. Vol. III. 258:37–38. § 17.12 [Amended] Some protection for Lloyd’s hedgehog Correll, D.S. and M.C. Johnston. 1979. cactus may remain in place. All cacti, Manual of the vascular plants of Texas. 2. Section 17.12(h) is amended by including hybrids, are on Appendix II of The University of Texas at Dallas, removing the entry for ‘‘Echinocereus CITES. CITES regulates international Richardson, Texas. 1881 pp. lloydii’’ under ‘‘FLOWERING PLANTS’’ trade of cacti, but does not regulate Janssen, G.K. 1993. Project no. 35: assessment from the List of Endangered and trade within the United States or and management plan development for Threatened Plants. listed and category plants on Texas prevent habitat destruction. Dated: May 28, 1996. Department of Highways and Public Public Comments Solicited Transportation rights-of-ways. Texas Parks John G. Rogers, The Service intends that any final and Wildlife Department, Section 6 Grant Acting Director, Fish and Wildlife Service. Performance Report. [FR Doc. 96–15124 Filed 6–13–96; 8:45 am] action resulting from this proposal will Poole, J.M. and D.H. Riskind. 1987. BILLING CODE 4310±55±P be as accurate and as effective as Endangered, threatened, or protected possible. Therefore, comments or native plants of Texas. Texas Parks and suggestions from the public, other Wildlife Department, Austin, Texas. concerned governmental agencies, the Poole, J.M. and A.D. Zimmerman. 1985. DEPARTMENT OF COMMERCE scientific community, industry, or any Endangered species information system other interested party concerning this species record, Echinocereus lloydii. U.S. National Oceanic and Atmospheric proposed rule are hereby solicited. Fish and Wildlife Service, Division of Administration Comments particularly are sought Endangered Species, Washington, D.C. Powell, A.M., A.D. Zimmerman, and R.A. 50 CFR Part 216 concerning: Hilsenbeck. 1991. Experimental (1) Biological, commercial trade, or documentation of natural hybridization in [Docket No. 960318084±6084±01; I.D. other relevant data concerning the Cactaceae: origin of Lloyd’s hedgehog 031396E] taxonomic status or threats (or lack cactus, Echinocereus X lloydii. Plant RIN 0648±AG55 thereof) to this apparent hybrid; Systematics and Evolution 178:107–122. (2) The location and characteristics of U.S. Fish and Wildlife Service. 1985. Taking and Importing Marine any additional populations not Minutes of the Joint Meeting, Region 2 Mammals; Taking Marine Mammals Plant Recovery Teams, January 10–11, considered in previous work that might Incidental to Naval Activities have bearing on the current taxonomic 1985. Region 2, Albuquerque, New Mexico. Weniger, D. 1970. Cacti of the southwest. interpretation; and AGENCY: National Marine Fisheries University of Texas Press, Austin, Texas. Service (NMFS), National Oceanic and (3) Additional information concerning 249 pp. range, distribution, and population Weniger, D. 1979. Status report on Atmospheric Administration (NOAA), sizes, particularly if it would assist in Echinocereus lloydii. U.S. Fish and Commerce. the evaluation of the accuracy of the Wildlife Service, Albuquerque, New ACTION: Notice of receipt of a petition for current taxonomic interpretation. Mexico. 11 pp. regulations, and an application for a