11551 Federal Register / Vol. 5& No. 37 1 Pr~Day,February 26, 1993
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11551 Federal Register / Vol. 5& No. 37 1 Pr~day,February 26, 1993 / Rules end Regulations regulatory responsibilities and that t~ By the Commission, Cha~ pba~, IUP~UMEKTARYINFORMATION: ViceChairman Simmons, Commissioners burden of maintthnlng esperateaccounts Background is no longer ~luatlfied. Phillips, McDonald,and Walden. EFFECTIVE DATE This action is effective Sidney L. Strickland. Jr~, Leptocereus grantianus was discovered on the island of Culebra in on March 29, 1993. Secretary. 1932 by Major Chapman Grant. It was FOR FURTHER INFORMAflON CONTACT: For the reasons set out inth. preamble. title 49, chapter X. part 1001 laterdescribed by Nathaniel Britton Maynard Dixon, (202) 927—5203; Joseph from materialcultivated by Grant The Dettmar, (202) 927—5680 (TDD for of the Code ofFederal Regulations is amended as follows: population has been muchreduced in hearing impaired: 202—927—5721.) numbersand areal extent over the years, SUPPLEMENTARY W4FORMATION: By notice PART 1004—4NTERPRETATIONS AND and it has also died out in cultivation served and published in the Federal ROUTING REGULATIONS (Proctor 1991). Register on June 1, 1992, (57 FR 23072) Leptocereus grant/anus is a sprawling we proposed to eliminate the 1. The authority citation for part 1004 or suberect, nearly spineless cactus requirement that private carriers continues to read as follows which may reach up to 2 meters in engaged in incidental for-hire Authority: 49 U.S.C. 10321 and 5 U.SC~ height and from 3 to 5 centimeters In transportation must conduct such 553. diameter. The elongated stems have operations independently of their Subpart C also issued under 49 U.S.C. from three to five prominent rib, with private operations and maintain 10922(h)(i)(A). broadly scalloped edges. Rib, of young separaterecords for each operation. joints are thin end the small areoles may Comments In support of the proposal *1004.3 (Rselovsd! bear from one to three minute. nearly were received from the National Private 2. Section 1004.3 is removed. black spines which disappear asthe Truck Council and the National- IFR Doc. 93-4521 FIled Z-25—93; 8:45 ainl joints grow older. The flowers are American Wholesale Grocers’ SIWNO COOS 7055-41-5 solitary at terminal areoles, from 3 to 6 Association, Inc. No comments were - centimeters long, and nocturnal. The filed in opposition to the proposal. outer perianth segments are linear, Based on the commentary, we find that DEPARTMENT OF ThE iNTERIOR green, and tipped by an areole like those the proposal is justified. and we adopt of the tube and ovary. The inner it, Fish and WildUl. Service perianth segments are~numerous, cream- Additional information is contained colored, oblong-obovate, obtuse and in theCommission’s decision in Ex 50 CFR Pert 17 about 8 millImeters long. The fruit is Parte No. MC—55 (Sub-No. 87). To Rili 1010-AE7S subgloboseto eflipseid and about 4 purchase a copy of this decision, write centimeters in diameter (Button 1933, to, call, or pick up in person from. Endangeredand Threatened WIIdIW. Proctor 1991). Dynamic Concepts, Inc., renm 222L and Plants; Endangered Slates for the Leptocereus grantianus is endemic to Interstate Commerce Commission Cactus Leptoc.r.u. ~ Culebra, an island locatedjust off the Building. Washington, DC 20423. northeastern corner of Puerto Rico. On Telephone (202) 289—4357/4359. AGENCY: Fish and Wildlife Service, Culebra, only I population of (Assistance for the hearing impaired is Interior. approximately 50 individuals occurs in available through TDD services, (202) ACTiON: Final ruló. dry thickets along the rocky coast near 927—5721.) Punts Melones (Proctor 1991). The Pursuant to 5 U.S.C. 605(b), we suMwjiy: The Service determines Leptocereusgrantianus (no conimon island of Culebra is currently subject to reaffirm our initial finding that our intense pressure for ruraland urban, as action in this proceeding will not have. name) to be an endangered species pursuant to the Endangered Species Act well as tourist, development. Housing. a significant economic impact on a projects are currently proposed for the substantial number of small entities. No (Act) of 1973, as amended. This- cactus is endemic to Culebra Island, Puerto area. The cactusis also threatened by new regulatory requirements are Rico. Only one population, consisting erosion of the unstable. rocky slope. imposed, directly or indirectly, on such of Leptocereusgrantianus was entities. The purpose of our proposal is approximately 50 individnale, is known to occur on the southwestern coast of recommended for listing by Dr. George to remove the burden of an unnecessary Proctor and Dr. Alain Liogierduring a the islanci It intiseatan55ihy proposed regulation from all private carriare housing developments and erosion of its September1988 meeting concerning the holding operating authority, large and revision of the candicate plant species Because there Is no reason to shoreline habitat. This final rule will small. implement the Federal protection and list in Puerto Rico and the U.S. Virgin believe that the private firms holding Islands. It was subsequently Included as operating authority or owning motor recovery provisions affordedby the Act a Category! species(species for which common carrier subsidiaries are for Leptocereus grantianus. the Servicehas sutstuntlal Information predominantly small, the economic EFFECTIVE DATE~March 29,. 1.993. supporting th. appropriateness of impact, if any. of our proposal isnot ADDRESSES: The complete file ke this proposing to list them as endangered or likely to fall disproportionately on a. rule isavailable for inspection, by threatened) in’ the February 21,1990(55 substantial number of small entities. appointment. during normal business FR 6184) notice of review. A proposed- This action will not significantly hours, at theCaribbean Fuld Office, rul to listL.ptocereus grantianus en affect either the qualityof the human U.S. Fish and Wildlife Service, P.O. Rox endangered published on May 20, environment or the conservatiou of 491, Boqueson, Puerto Rico 00632; and 1992(57 FR 21374).. energy resources. at the Service’s Southeast Regional Office, suite 1282.75 Spring Street. SummaryofCnsnmantg and List of Sob~ectsin 40(71 Part 1004 SW., Atlanta, Georgia 30303.. Recommendations Administrative practice and FOR FURTHER IIFO~ON COl~ACT In the May 20, 1992, proposed rule procedure, Motor carriers. Ms. Susan Silandar at the Caribbean and associated notifications, alt Decided: February 12, 1903 Field Office address (809/851—7297). interested parties were requested to Federal Register / Vol. 58, No. 37 I Friday, February 26, 1993 I Rules and Regulations 11551 submit factual reportsof information C. Disease or Predation critical habitat is designated would only that might contribute to the Disease and predation have notbeen increaseth. potential from such threats, development of a final rule. Appropriate documented as factors in the decline of and therefore could contribute to the agencies of the Commonwealthof this species. species’ decline. There are no ongoing Puerto Rico, Federal agencies, scientific or proposed Federal actions that will organizations, and other Interested D. The Inadequacy ofExisting affect the species, and it does notappear parties were contacted and requested to Regulatozy Mechanisms that any are likely in the foreseeable comment. A newspaper notice inviting The Commonwealth of Puerto Rico future. AllInvolved parties and general public comment was published has adopted a regulation that recognizes landowner. have been notified of the in the San Juan Star on June 6, 1992. and provides protection for certain location and importance of protecting and in the El Dia on June 3, 1992. Three Commonwealth listedspecies. Federal this species’ habitat. Protection of this letters of comment were received and listing would provide immediate species’ habitat will be addressed are discussed below. A public1hearing protection and, if the species is through the recovery process, and also was neither requested nor held. ultimately placed on the through the Section 7 jeopardy standard The PuertoRico Department of Commonwealth list, enhance its in the unlikely event that a Federal Natural Resources supported the listing protection and possibilities for funding action should affect the species. of Leptocereus grant/anus and stated needed research. that no additional information on the Available Conservation Measures species was available. The U.S. Forest E. OtherNatural orManmadeFactors Conservation measuresprovided to Service stated that they had no Affecting its Continued Existence species listed as endangered or comments on the listing of the species. The most important factors affecting threatened under the Endangered The U.S. Army Corps of Engineers the continued survival of this species is Species Act include recognition, (Corps). Jacksonville District, stated that its limited distribution and limited recoveryactions, requirements for the Corps had no actions proposed or numbers. Because so few individuals Federal protection, and prohibitions under consideration at the site are known to occur in a limited area, the against certain practices. Recognition described in the proposed rule, and that risk of extinction is extremely high. The through listing encourages and results according to that information the steep rocky banks where the species is in conservation actionsby Federal, species is outside -of the Corps’ located are unstable and located close to Commonwealth, and private agencies, regulatory jurisdiction under