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4028–4029. As required by the National human environment as a result of the Executive Order 12778, Civil Justice Flood Insurance Reform Act of 1994, we issuance of this final rule, and no Reform are evaluating the impact of erosion Environmental Impact Statement will be hazards on the NFIP. Part of that study prepared. Copies of the environmental This rule meets the applicable will explore the economic impact of assessment are on file for inspection standards of § 2(b)(2) of E.O. 12778. denying insurance in areas subject to through the Rules Docket Clerk, Federal List of Subjects in 44 CFR Part 61 coastal erosion. It is premature for us to Emergency Management Agency, room comment on the Alliance’s 840, 500 C Street SW., Washington, DC Flood insurance. recommendation before we complete 20472. Accordingly, we amend 44 CFR Part that study and report to Congress. Executive Order 12866, Regulatory 61 as follows: In summary, we believe that targeting Planning and Review a particularly risky class of properties PART 61ÐINSURANCE COVERAGE This rule is not a significant with higher premium rates supports AND RATES regulatory action within the meaning of FEMA’s overall program of loss § 2(f) of E.O. 12866 of September 30, 1. The authority citation for Part 61 reduction. It more accurately reflects the 1993, 58 FR 51735, but attempts to continues to read as follows: loss exposure of pre-FIRM, V-zone adhere to the regulatory principles set properties, which are at a greater Authority: 42 U.S.C. 4001 et seq.; forth in E.O. 12866. The rule has not exposure to flood loss than pre-FIRM, Reorganization Plan No. 3 of 1978, 43 FR been reviewed by the Office of A-zone properties. Also, it helps make 41943, 3 CFR, 1978 Comp., p. 329; E.O. Management and Budget under E.O. 12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, policyholders aware of the danger of 12866. 1979 Comp., p. 376. their V-zone properties. Paperwork Reduction Act 2. We are revising Section 61.9 to read National Environmental Policy Act This rule does not contain a collection as follows: Under section 102(2)(C) of the of information and therefore is not § 61.9 Establishment of chargeable rates. National Environmental Policy Act of subject to the provisions of the 1969, 42 U.S.C. 4371 et seq., and the Paperwork Reduction Act of 1995. (a) Under section 1308 of the Act, we implementing regulations of the Council are establishing annual chargeable rates on Environmental Quality, 40 CFR parts Executive Order 12612, Federalism for each $100 of flood insurance 1500–1508, we conducted an This rule involves no policies that coverage as follows for pre-FIRM, A environmental assessment of this rule. have federalism implications under E.O. zone properties, pre-FIRM, V zone The assessment concludes that there 12612, Federalism, dated October 26, properties, and emergency program will be no significant impact on the 1987. properties.

A zone rates1 per year per V zone rates 2 per year per Type of structure $100 coverage on: $100 coverage on: Structure Contents Structure Contents

1. Residential: No Basement or Enclosure ...... 68 .79 .82 .95 With Basement or Enclosure ...... 73 .79 .88 .95 2. All other including hotels and motels with normal occupancy of less than 6 months duration: No Basement or Enclosure ...... 79 1.58 .95 1.90 With Basement or Enclosure ...... 84 1.58 1.01 1.90 1 A zones are zones A1±A30, AE, AO, AH, and unnumbered A zones. 2 V zones are zones V1±V30, VE, and unnumbered V zones.

(b) We will charge rates for contents DEPARTMENT OF THE INTERIOR amended (Act). in pre-FIRM buildings according to the is known from , St. Croix in use of the building. Fish and Wildlife Service the U.S. Virgin Islands, Barbuda, Antigua, and Guadeloupe. In Puerto (c) A-zone rates for buildings without 50 CFR Part 17 basements or enclosures apply Rico, it is currently known from only one location in Cabo Rojo; in the U.S. uniformly to all buildings throughout RIN 1018±AE48 Virgin Islands, it is known from one emergency program communities. Endangered and Threatened Wildlife location near Christiansted, St. Croix. (Catalog of Federal Domestic Assistance No. and ; Determination of Both populations are located on 83.100, ‘‘Flood Insurance’’; No. 83.516, Endangered Status for Catesbaea privately-owned land subject to intense ‘‘Disaster Assistance’’) Melanocarpa pressure for development for Dated: March 11, 1999. residential, tourist, and industrial AGENCY: Fish and Wildlife Service, Jo Ann Howard purposes. This final rule implements Interior. the Federal protection and recovery Administrator, ACTION: Final rule. provisions afforded by the Act for C. Federal Insurance Administration. melanocarpa. [FR Doc. 99–6466 Filed 3–16–99; 8:45 am] SUMMARY: We, the U.S. Fish and Wildlife Service, determine Catesbaea EFFECTIVE DATE: April 16, 1999. BILLING CODE 6718±03±P melanocarpa (no common name) to be ADDRESSES: The complete file for this an endangered species under the rule is available for inspection, by Endangered Species Act of 1973, as appointment, during normal business

VerDate 03-MAR-99 08:08 Mar 16, 1999 Jkt 183247 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\A17MR0.050 pfrm07 PsN: 17MRR1 Federal Register / Vol. 64, No. 51 / Wednesday, March 17, 1999 / Rules and Regulations 13117 hours, at the U.S. Fish and Wildlife Kolterman (1993) and the Center for process rulemakings, giving highest Service, Boquero´n Field Office, P.O. Box Conservation (1992) recommend priority (Tier 1) to processing 491, Boquero´n, Puerto Rico 00622. its protection due to the extremely small emergency rules to add species to the FOR FURTHER INFORMATION CONTACT: Ms. number of individuals currently known, Lists of Endangered and Threatened Susan Silander, Botanist, at the above the intense pressure for development in Wildlife and Plants (Lists); second address (telephone 787/851–7297; these areas, and the potential for an priority (Tier 2) to processing final facsimile 787/851–7440). appreciable loss of the species’ genetic determinations on proposals to add diversity. species to the Lists, processing new SUPPLEMENTARY INFORMATION: Catesbaea melanocarpa is a proposals to add species to the Lists, Background branching shrub that may reach processing administrative findings on The German collector Hienrich approximately 3 meters (9.8 feet) in petitions (to add species to the Lists, Rudolph Wullschlaegel first discovered height. Spines, 1 to 2 centimeters (.39 to delist species, or reclassify listed Catesbaea melanocarpa (no common .78 in) long, occur on the stems between species), and processing a limited name) in the mid-nineteenth century on the leaves. Leaves are small, from 5 to number of proposed or final rules to 25 mm (.19 to 1.0 in) long and 2 to 15 the British island of Antigua. In about delist or reclassify species; and third mm (.07 to .58 in) wide, often in 1881, the Danish collector Baron H. F. priority (Tier 3) to processing proposed clusters, and the small stipules A. von Eggers found C. melanocarpa in or final rules designating critical habitat. (appendages at the base of the leaf stalk) St. Croix, U.S. Virgin Islands, and in Processing of this final rule is a Tier 2 are deciduous (shed seasonally). The 1886, the German collector Paul action. flowers are white, solitary or paired, and Sintenis found it in Gua´nica, Puerto almost sessile (attached directly at the Summary of Comments and Rico. Although other herbariums base) in the axils. The corolla (petals) is Recommendations maintain duplicate specimens, bombing funnelform and from 8 to 10 mm (.31 to In the December 16, 1997, proposed during World War II destroyed the .39 in) long. The fruit is globe-shaped, rule and associated reports of original collections in the herbarium at 5 to 6 mm (.19 to .23 in) in diameter, information that might contribute to the Berlin-Dahlem, Germany. and black with a brittle fruit wall. The development of a final rule. We Howard (1989) and Proctor (1991) 2-celled fruit contains five to seven contacted appropriate agencies of the reported the species from Barbuda and seeds in each cell (Proctor 1991). Commonwealth of Puerto Rico and the Guadeloupe, islands of the Lesser Territory of the Virgin Islands, Federal Antilles. Little is known about its status Previous Federal Action agencies, scientific organizations and on these islands; the Center for Plant We had identified Catesbaea other interested parties and requested Conservation (1992) describes C. melanocarpa as a Category 2 species in their comments. We published a melanocarpa as rare on Antigua. It was notices of review published in the newspaper notice inviting public not rediscovered in St. Croix until 1988 Federal Register on February 21, 1990 comment in El Nuevo Dia on January 27, and, to date, it has not been relocated (55 FR 6184), and September 30, 1993 1998, and in The Daily News of the in the Gu´ nica, Puerto Rico, area. The St. (58 FR 51144). Prior to 1996, a Category Virgin Islands on January 31, 1998. We Croix population, located near 2 species was one that we were also solicited the expert opinions of four Christiansted, consists of about 24 considering for possible addition to the appropriate and independent specialists individual plants (Breckon and Federal List of Endangered and regarding the pertinent scientific or Kolterman 1993). In 1995, a single plant Threatened Plants, but for which commercial data and assumptions was located in Cabo Rojo, Puerto Rico conclusive data on biological relating to , population (Puerto Rico Planning Board 1995). One vulnerability and threat were not models, and biological and ecological specimen, collected in 1974, located in available to support a proposed rule. We information for this species. We did not the herbarium in San Juan, apparently discontinued designation of Category 2 receive any comments from these originated from the Susu´ a species in the February 28, 1996, Notice experts. We received two letters of Commonwealth Forest. However, this of Review (61 FR 7596). We approved comment, neither of which opposed the specimen is sterile and poorly Catesbaea melanocarpa as a candidate listing. The Puerto Rican Planning developed; therefore, its identification species on September 6, 1995, and Board did not have comments on the cannot be confirmed. identified as such in the 1996 Notice of listing, but stated that they would use Catesbaea melanocarpa, of the family Review. A candidate species is now the information in the evaluation of , belongs to a that defined as a species for which we have projects that might affect the species. consists of ten or more species of spiny on file sufficient information to propose The U.S. Department of Housing and shrubs. Most are confined to the it for protection under the Act. This Urban Development did not have Antilles, but some may extend into the small shrub is considered a ‘‘critical’’ comments concerning the listing. A Bahamas and the Florida Keys. In plant species by the Natural Heritage public hearing was neither requested Puerto Rico, two species are known—C. Program of the Puerto Rico Department nor held. melanocarpa and C. parviflora. These of Natural and Environmental two species are differentiated by the size Resources. The Center for Plant Summary of Factors Affecting the and color of the fruits; black and larger, Conservation (1992) has assigned the Species 5 to 6 millimeters (mm) (.19 to .23 species a Priority Status of A (a species After a thorough review and inches (in)) in diameter, in the former, which could possibly go extinct in the consideration of all information and white and smaller, 2 to 4 mm (.07 wild in the next 5 years). On December available, we have determined that to .15 in) in diameter in the latter 16, 1997, we published a proposed rule Catesbaea melanocarpa should be (Breckon and Kolterman 1993, Britton to list Catesbaea melanocarpa (62 FR classified as an endangered species. We and Wilson 1925). Some authors note 65783). followed procedures found at Section that C. melanocarpa may be a synonym On May 8, 1998, we published Listing 4(a)(1) of the Act and regulations or variant of C. parviflora (Howard Priority Guidance for Fiscal Years 1998 implementing the listing provisions of 1989, Proctor 1991) and recommend and 1999 (63 FR 25502). The guidance the Act (50 CFR part 424). We may further review. However, Breckon and clarifies the order in which we will determine a species to be endangered or

VerDate 03-MAR-99 08:08 Mar 16, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\A17MR0.003 pfrm07 PsN: 17MRR1 13118 Federal Register / Vol. 64, No. 51 / Wednesday, March 17, 1999 / Rules and Regulations threatened due to one or more of the ‘‘Available Conservation Measures’’ for (50 CFR 424.12) require that, to the five factors described in section 4(a)(1). discussion of prohibitions). As with the maximum extent prudent and These factors and their application to Commonwealth, the existence of a determinable, we designate critical Catesbaea melanocarpa Krug and Urban section 6 cooperative agreement with habitat at the time the species is are as follows: the Service will increase possibilities for determined to be endangered or funding needed research with this plant. threatened. Our regulations (50 CFR A. The Present or Threatened 424.12(a)(1)) state that the designation E. Other Natural or Manmade Factors Destruction, Modification, or of critical habitat is not prudent when Affecting Its Continued Existence Curtailment of Its Habitat or Range one or both of the following situations Catesbaea melanocarpa is known One of the most important factors exist—(1) the species is threatened by only from Puerto Rico, St. Croix, affecting the continued survival of this taking or other human activity, and Barbuda, Antigua, and Guadeloupe. species is its limited distribution. identification of critical habitat can be Available information indicates that it is Because so few individuals are known expected to increase the degree of threat rare on Antigua (Center for Plant to occur in limited areas, the risk of to the species, or (2) such designation of Conservation 1992). In Puerto Rico, only extinction is extremely high. critical habitat would not be beneficial a single plant is known to exist. This Catastrophic natural events, such as to the species. We find that designation plant is located on privately owned hurricanes, may dramatically affect of critical habitat for Catesbaea land, in Cabo Rojo, currently proposed forest species composition and melanocarpa is not prudent because for a residential/tourist development, structure, felling large trees and creating such designation would not be consisting of a hotel, condo-hotel, numerous canopy gaps. Breckon and beneficial to the species and may residential villas and lots, a golf course, Kolterman (1993) documented the loss increase the threats to the species. and other associated facilities. In St. of individuals in St. Croix following the Critical habitat designation, by Croix, only one population consisting of passing of hurricane Hugo in 1989. In definition, directly affects only Federal about 24 plants is known to exist. This addition, the limited gene pool may agency actions through consultation population is located on privately- depress reproductive vigor. under section 7(a)(2) of the Act. Section owned land near Christiansted and is We have carefully assessed the best 7(a)(2) requires Federal agencies to subject to pressure for development. scientific and commercial information ensure that activities they authorize, available regarding the past, present, fund, or carry out are not likely to B. Overutilization for Commercial, and future threats faced by this species jeopardize the continued existence of a Recreational, Scientific, or Educational in determining to make this rule final. listed species or destroy or adversely Purposes Based on this evaluation, the preferred modify its critical habitat. Neither of the We have not received information action is to list Catesbaea melanocarpa two known populations of Catesbaea documenting that the use of the species as endangered. Within the United melanocarpa occur on Federal land. for such purposes is a factor in its States, the species occurs in only one However, Federal involvement with this decline. Although overcollection has locality in Puerto Rico and one in St. species may occur through the use of not been documented, the extremely Croix, U.S. Virgin Islands. Deforestation Federal funding for rural housing and small population size and limited range for residential and tourist development development on non-Federal lands. The make this species vulnerable to are imminent threats to the survival of use of such funding for projects overcollection (see ‘‘CRITICAL the species. Because this species is in affecting occupied habitat for this HABITAT’’ below). danger of extinction throughout all or species would be subject to review significant portion of its range, it meets under section 7(a)(2), whether or not C. Disease or Predation the definition of endangered under the critical habitat was designated. The Disease and predation have not been Act. We discuss the reasons for not precarious status of C. melanocarpa is documented as factors in the decline of designating critical habitat for this such that any adverse modification or this species. species in the ‘‘Critical Habitat’’ section destruction of its occupied habitat D. The Inadequacy of Existing below. would also jeopardize its continued existence. This would also hold true as Regulatory Mechanisms Critical Habitat the species recovers and its numbers The Commonwealth of Puerto Rico’s Critical habitat is defined in section 3 increase. In addition, we believe that regulations recognize and provide of the Act as: (i) the specific areas notification of Federal agencies of the protection for certain Commonwealth within the geographical area occupied areas where these plants occur can be listed species. However, Catesbaea by a species, at the time it is listed in accomplished without the designation melanocarpa is not yet on the accordance with the Act, on which are of critical habitat. All involved parties Commonwealth list and therefore found those physical or biological and landowners have been notified of receives no special protection. Federal features (I) essential to the conservation the location and importance of listing will provide immediate of the species and (II) that may require protecting this species’ habitat. For protection under the Act and, by virtue special management considerations or these reasons, we believe that of an existing section 6 cooperative protection; and (ii) specific areas designation of currently occupied agreement with the Commonwealth, it outside the geographic area occupied by habitat of this species as critical habitat will also ensure the addition of this a species at the time it is listed, upon would not result in any additional species to the Commonwealth list and a determination that such areas are benefit to the species and that such enhance possibilities for funding essential for the conservation of the designation is not prudent. needed research. The Territory of the species. ‘‘Conservation’’ means the use Potential introduction sites within U.S. Virgin Islands has amended an of all methods and procedures needed unoccupied lands occur on lands under existing regulation to provide for to bring the species to the point at Federal management (Cabo Rojo, Laguna protection of endangered and threatened which listing under the Act is no longer Cartagena, and Sandy Point National wildlife and plants. The U.S. Virgin necessary. Wildlife Refuges) and Commonwealth Islands consider Catesbaea Section 4(a)(3) of the Act, as management (Gua´nica Commonwealth melanocarpa to be endangered (see amended, and implementing regulations Forest). As managers of these

VerDate 03-MAR-99 15:02 Mar 16, 1999 Jkt 183247 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\17MRR1.XXX pfrm04 PsN: 17MRR1 Federal Register / Vol. 64, No. 51 / Wednesday, March 17, 1999 / Rules and Regulations 13119 subtropical dry forest lands, the Service and results in conservation actions by The Act and 50 CFR 17.62 and 17.63 and the Puerto Rico Department of Federal, Commonwealth, Territory, and also provide for the issuance of permits Natural and Environmental Resources private agencies, groups and to carry out otherwise prohibited are actively involved in conservation individuals. The Act provides for activities involving endangered species activities. Both agencies are committed possible land acquisition and under certain circumstances. Such to the protection of these forested areas cooperation with the Commonwealth permits are available for scientific and would minimize or avoid any and/or Territory, and requires that purposes and to enhance the impacts to such habitat. Any recovery actions be carried out for all propagation and survival of the species. introduction would be closely listed species. We initiate such actions We anticipate that few trade permits for coordinated with the area managers. following listing. We discuss the this species will ever be sought or Introduction of this species onto protection required of Federal agencies issued, since the species is neither unoccupied private lands likely would and the prohibitions against certain common in cultivation nor common in not be pursued because suitable habitat activities involving listed plants, in part, the wild. under private ownership occurs only in below. very small patches which are Section 7(a) of the Act, as amended, It is our policy, published in the interspersed among developed areas and requires Federal agencies to evaluate Federal Register on July 1, 1994 (59 FR are too small for development of viable their actions with respect to any species 34272), to identify to the maximum populations. For these reasons, we that is proposed or listed as endangered extent practicable those activities that believe that designation of currently or threatened and with respect to its would or would not constitute a unoccupied habitat of this species as critical habitat, if any is being violation of section 9 of the Act at the critical habitat would not result in any designated. Regulations implementing time of listing. The intent of this policy additional benefit to the species and, this interagency cooperation provision is to increase public awareness of the therefore, such designation is not of the Act are codified at 50 CFR part effect of listing on proposed or ongoing prudent. 402. Section 7(a)(2) requires Federal activities. The only known populations To publish precise maps and agencies to ensure that activities they of Catesbaea melanocarpa are located descriptions of critical habitat in the authorize, fund, or carry out are not on privately-owned land. Since there is Federal Register, as required in a likely to jeopardize the continued no Federal ownership, and the species proposal for critical habitat, would existence of the species or to destroy or is not currently in trade, the only make this plant vulnerable to incidents adversely modify its critical habitat. If a potential section 9 involvement would of collection and vandalism and, Federal action may affect a listed relate to removing or damaging the plant therefore, could contribute to the species or its critical habitat, the in knowing violation of Commonwealth decline of the species. The Center for responsible Federal agency must enter Plant Conservation (1992) described into formal consultation with us. We are or Territorial law, or in knowing Catesbaea melanocarpa as a ‘‘handsome not designating critical habitat for this violation of Commonwealth or little shrub’’ with good horticulture species, as discussed above. Federal Territorial criminal trespass law. potential. The listing of this species as involvement may occur through the use Section 15.01(b) of the Commonwealth endangered publicizes its rarity and, of Federal funding for rural housing and ‘‘Regulation to Govern the Management thus, may make this plant more development (for example, the Rural of Threatened and Endangered Species attractive to researchers, collectors, and Development or Housing and Urban in the Commonwealth of Puerto Rico’’ those wishing to see rare plants. Development). states: ‘‘It is illegal to take, cut, mutilate, Additionally, designating critical habitat The Act and its implementing uproot, burn or excavate any would not only provide specific regulations set forth a series of general endangered plant species or part thereof location information to potential trade prohibitions and exceptions that within the jurisdiction of the vandals, but the effects of a critical apply to all endangered plants. All Commonwealth of Puerto Rico.’’ The habitat designation on private property prohibitions of section 9(a)(2) of the Act, U.S. Virgin Islands’ regulation states are often misunderstood. This implemented by 50 CFR 17.61, apply. that ‘‘no person may harass, injure or misunderstanding can create a negative These prohibitions, in part, make it kill, or attempt to do the same, or sell perception of the species’ listing and illegal for any person subject to the or offer for sale any specimen, or parts could contribute to the threat of jurisdiction of the United States to or produce of such specimen, of an vandalism or intentional habitat import or export any endangered plant, endangered or threatened species.’’ We destruction. Because of its few transport it in interstate or foreign are not aware of any otherwise lawful populations, Catesbaea melanocarpa is commerce in the course of commercial activities being conducted or proposed especially susceptible to adverse activity, sell or offer it for sale in by the public that will be affected by consequences resulting from the loss of interstate or foreign commerce, or this listing and result in a violation of individuals or habitat damage due to remove and reduce to possession the section 9. vandalism. We find that the increased species from areas under Federal degree of threat from vandalism jurisdiction. In addition, for plants You should direct questions regarding outweighs any benefits that might listed as endangered, the Act prohibits whether specific activities will derive from the designation of critical the malicious damage or destruction on constitute a violation of section 9 to the habitat. areas under Federal jurisdiction and the Field Supervisor of the Service’s removal, cutting, digging up, or Boquero´n Field Office (see ADDRESSES Available Conservation Measures damaging or destroying of endangered section). You may request copies of the Conservation measures provided to plants in knowing violation of any regulations on listed species from and species listed as endangered or Commonwealth or Territorial law or address inquiries regarding prohibitions threatened under the Act include regulation, including Commonwealth or and permits to the U.S. Fish and recognition, recovery actions, Territorial criminal trespass law. Certain Wildlife Service, Ecological Services, requirements for Federal protection, and exceptions can apply to agents of the 1875 Century Boulevard, Atlanta, prohibitions against certain practices. Service and Commonwealth and Georgia 30345–3301 (telephone 404/ Recognition through listing encourages Territorial conservation agencies. 679–7313).

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National Environmental Policy Act References Cited Puerto Rico Planning Board. 1995. Draft Environmental Impact Statement for We have determined that an Breckon, G. and D. Kolterman. 1993. Monte Carlo Resort and Boqueron Bay Environmental Assessment and Catesbaea melanocarpa Krug & Urban Site. San Juan, Puerto Rico. 88 pp. Environmental Impact Statement, as [Rubiaceae]. Final Report under Cooperative Agreement No. 14–16– Author defined under the authority of the 0004–92–970 between the U.S. Fish and The primary author of this final rule National Environmental Policy Act of Wildlife Service and the University of is Ms. Susan Silander (see ADDRESSES 1969, need not be prepared in Puerto Rico, Mayaguez Campus. section). connection with regulations adopted Britton, N.L. and P. Wilson. 1925. Scientific pursuant to section 4(a) of the survey of Porto Rico and the Virgin List of Subjects in 50 CFR Part 17 Islands. Volume VI—Part 2. Botany of Endangered Species Act of 1973, as Endangered and threatened species, amended. We published a notice Porto Rico and the Virgin Islands. Descriptive flora—Spermatophyta Exports, Imports, Reporting and outlining our reasons for this (continued). New York Academy of recordkeeping requirements, determination in the Federal Register Sciences, New York. 158 pp. Transportation. on October 25, 1983 (48 FR 49244). Center for Plant Conservation. 1992. Report Regulation Promulgation on the Rare Plants of Puerto Rico. Required Determinations Missouri Botanical Garden, St. Louis, Accordingly, we amend part 17, This rule does not contain any new Missouri. subchapter B of chapter I, title 50 of the collections of information other than Howard, R.A. 1989. Flora of the Lesser Code of Federal Regulations as follows: Antilles. Leeward and Windward those already approved under the Islands. Volume 6. Dicotyledoneae—Part PART 17Ð[AMENDED] Paperwork Reduction Act, 44 U.S.C. 3. Arnold Arboretum, Harvard 3501 et seq., and assigned Office of University, Plain, 1. The authority citation for Part 17 Management and Budget clearance Massachusetts. 658 pp. continues to read as follows: number 1018–0094. For additional Liogier, H.L. and L.F. Martorell. 1982. Flora Authority: 16 U.S.C. 1361–1407; 16 U.S.C. information concerning permit and of Puerto Rico and Adjacent Islands: a 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– associated requirements for endangered systematic synopsis. Editorial de la 625, 100 Stat. 3500, unless otherwise noted. ´ plants, see 50 CFR 17.62 and 17.63. Universidad de Puerto Rico, Rıo Piedras, Puerto Rico. 342 pp. 2. Amend Section 17.12(h) by adding Proctor, G. R. 1991. Puerto Rican plant the following, in alphabetical order species of special concern. Status and under FLOWERING PLANTS, to the List recommendations. Publicacio´n Cientı´fica of Endangered and Threatened Plants: Miscela´nea No. 2. Departamento de Recursos Naturales de Puerto Rico. San 17.12 Endangered and threatened plants. Juan, Puerto Rico. 197 pp. * * * * * (h) * * *

Species Historic Family Status When Critical Special Scientific name Common name range listed habitat rules

FLOWERING PLANTS

******* Catesbaea U.S.A.(PR, VI), Anti- Rubiaceae ...... E ...... 657 NA NA melanocarpa None. gua, Barbuda, Guadeloupe.

*******

Dated: March 1, 1999. DEPARTMENT OF COMMERCE SUMMARY: NMFS closes the commercial Jamie Rappaport Clark, fishery for king mackerel in the Director, Fish and Wildlife Service. National Oceanic and Atmospheric exclusive economic zone (EEZ) in the Administration [FR Doc. 99–6444 Filed 3–16–99; 8:45 am] Florida east coast subzone. This closure is necessary to protect the overfished BILLING CODE 4310±55±P 50 CFR Part 622 Gulf king mackerel resource. [Docket No. 961204340±7087±02; I.D. DATES: Effective 12:01 a.m., local time, 031299A] March 13, 1999, through March 31, 1999. Fisheries of the Caribbean, Gulf of FOR FURTHER INFORMATION CONTACT: Mexico, and South Atlantic; Coastal Mark Godcharles, 727–570–5305. Migratory Pelagic Resources of the SUPPLEMENTARY INFORMATION: The Gulf of Mexico and South Atlantic; fishery for coastal migratory pelagic fish Closure (king mackerel, Spanish mackerel, cero, AGENCY: National Marine Fisheries cobia, little tunny, dolphin, and, in the Service (NMFS), National Oceanic and Gulf of Mexico only, bluefish) is Atmospheric Administration (NOAA), managed under the Fishery Commerce. Management Plan for the Coastal Migratory Pelagic Resources of the Gulf ACTION: Closure. of Mexico and South Atlantic (FMP).

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