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14338 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Rules and Regulations

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14338 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Rules and Regulations 14338 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Rules and Regulations ``Magnesium powder or Magnesium DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: alloys, powder'' in PG I, in column 8A, Background the entry ``151'' is revised to read Fish and Wildlife Service ``None''. Vernal pools in the Central Valley of 50 CFR Part 17 California were a common and PART 173ÐSHIPPERSÐGENERAL widespread feature in pre-European REQUIREMENTS FOR SHIPMENTS RIN 1018±AC00 times (Holland and Jain 1977). Although AND PACKAGINGS historic amounts of vernal pool habitat Endangered and Threatened Wildlife losses and annual loss rates have been 4. The authority citation for Part 173 and Plants; Determination of disputed, Holland estimated that continues to read as follows: Endangered Status for Three Plants urbanization and other factors had and Threatened Status for Five Plants eliminated 67 to 88 percent of the vernal Authority: 49 U.S.C. 5102±5127; 49 CFR From Vernal Pools in the Central Valley pools in the Central Valley by 1973 1.53. of California (Holland 1978, and Robert Holland, consultant, in litt. 1992). Public 5. In § 173.28, in the table in AGENCY: Fish and Wildlife Service, comments and additional work paragraph (b)(4)(i), the footnote is Interior. regarding the number of remaining acres revised to read as follows: ACTION: Final rule. of vernal pool habitat in the Central § 173.28 Reuse, reconditioning and Valley indicate the loss of vernal pool remanufacture of packagings. SUMMARY: The Fish and Wildlife Service habitat is closer to 50 percent than 67 (Service) determines endangered status to 88 percent (59 FR 48139; R. Holland, * * * * * pursuant to the Endangered Species Act pers. comm. 1996). The plants discussed 1 Metal drums or jerricans with a minimum of 1973, as amended (Act) for three herein grow only in vernal pools in thickness of 0.82 mm body and 1.09 mm plants, Orcuttia pilosa (hairy Orcutt California and have experienced minor heads which are manufactured and marked grass), Orcuttia viscida (Sacramento to major population and habitat prior to January 1, 1997 may be reused. Metal Orcutt grass), and Tuctoria greenei reductions throughout their respective drums or jerricans manufactured and marked (Greene's tuctoria); and threatened ranges. California vernal pools are on or after January 1, 1997, and intended for status for five plants, Castilleja generally small, seasonally aquatic reuse, must be constructed with a minimum campestris ssp. succulenta (fleshy ecosystems that are inundated in the thickness of 0.82 mm body and 1.11 mm owl's-clover), Chamaesyce hooveri winter and dry slowly in the spring and heads. (Hoover's spurge), Neostapfia colusana summer, making a harsh, unique * * * * * (Colusa grass), Orcuttia inaequalis (San environment. Cyclical wetting and drying create an unusual ecological § 173.170 [Amended] Joaquin Valley Orcutt grass), and Orcuttia tenuis (slender Orcutt grass). situation supporting a unique biota. 6. In § 173.170, in the first sentence of Between publication of the proposed Many plants and animals have evolved paragraph (c), the wording ``450 g (15.9 and final rules for these species, the to possess such specific characteristics ounces)'' is revised to read ``454 g (16 Service determined that Orcuttia that these organisms cannot live outside ounces)''. inaequalis, which was originally these temporary pools. Four other listed proposed as endangered, should be species may occur with these plants: PART 178ÐSPECIFICATIONS FOR listed as threatened due to lesser The vernal pool tadpole shrimp PACKAGINGS immediacy and magnitude of threats to (Lepidurus packardi); conservancy fairy its existence. These species grow in the shrimp (Branchinecta conservatio); 7. The authority citation for part 178 basins and margins of vernal pools of longhorn fairy shrimp (B. longiantenna); continues to read as follows: the Central Valley of California. Habitat and vernal pool fairy shrimp (B. lynchi). However, no close associations are Authority: 49 U.S.C. 5101±5127; 49 CFR loss and degradation due to known between any of the listed shrimp 1.53. urbanization, agricultural land conversion, livestock grazing, off- species and the eight plants affected by 8. In § 178.2, a new paragraph (f) is highway vehicle use, a flood control this rule. added to read as follows: project, a highway project, altered The Central Valley of California hydrology, landfill projects, and consists of the Sacramento Valley in the § 178.2 Applicability and responsibility. competition from weedy nonnative north half of the State and the San * * * * * plants imperil the continued existence Joaquin Valley in the south half. Within the Central Valley, vernal pools are (f) No packaging may be of these species. This rule implements Federal protection and recovery found in four physiographic settings, manufactured or marked to a packaging each possessing an impervious soil layer specification that was in effect on provisions afforded by the Act for these eight plants. relatively close to the surface. These September 30, 1991, and that was four settings include high terraces with EFFECTIVE DATE: April 25, 1997. removed from this part 178 by a rule iron-silicate or volcanic substrates, old published in the Federal Register on ADDRESSES: The complete file for this alluvial terraces, basin rims with December 21, 1990 and effective rule is available for public inspection, claypan soils, and low valley terraces October 1, 1991. by appointment, during normal business with silica-carbonate claypans. Due to hours at the Sacramento Field Office, Issued in Washington, DC on March 20, local topography and various geological U.S. Fish and Wildlife Service, 3310 El 1997, under authority delegated in 49 CFR populations, vernal pools are usually Camino Avenue, Suite #130, part 1. clustered into pool complexes. Pools Sacramento, California 95821±6340. Kelley S. Coyner, within a complex typically are FOR FURTHER INFORMATION CONTACT: Ken separated by a distance of a few to Deputy Administrator. Fuller at the above address or by several meters and may form dense, [FR Doc. 97±7558 Filed 3±25±97; 8:45 am] telephone at 916/979±2120 or facsimile interconnected mosaics of small pools BILLING CODE 4910±60±P at 916/979±2128. or a more sparse scattering of large Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Rules and Regulations 14339 pools. Vernal pool habitats and the eight spreading to erect stems, each inflorescence is spike-like and rather plants discussed herein are found over terminating in a spike-like elongate, with the spikelets remote on a very limited, discontinuous, inflorescence. At maturity, the spikelets the axis below and usually strongly fragmented area within the Central of the plant are aggregated into a dense, congested above. The equal-length Valley. hat-shaped cluster, which separates lemmas are deeply cleft into fine teeth them from other members of the genus Discussion of the Eight Species that are sharp-pointed or short-awned. Orcuttia. Additionally, the lemmas Orcuttia pilosa and O. tenuis grow Neostapfia colusana (Colusa grass) is (lower bracts enclosing the grass floret) together over a portion of their a robust, tufted annual that grows 7 to are deeply cleft into five prominent respective ranges but are readily 30 centimeters (cm) (3 to 12 inches (in)) teeth which may be sharp-pointed or distinguished, as the stems of O. pilosa in height. The stems are decumbent have awns that are 0.5 millimeters (mm) are simple, tiller freely from the base toward the base with the upper portion (0.2 in) long. The middle tooth is and never branch from the upper nodes. erect and terminating in spike-like conspicuously longer than the four Additionally, the spikelets of O. pilosa inflorescences that are cylindrical, laterals. Orcuttia inaequalis does not are strongly congested at the apex of the dense, and resemble small ears of corn. occur with any other species of inflorescence and the stems and leaves Because of this unique inflorescence, Orcuttia. The species most closely are larger. Orcuttia pilosa occurs this distinctive plant is not easily resembles O. californica and O. viscida. infrequently with Tuctoria greenei, but confused with any others. Joseph Burtt- The former does not have the long these two grasses can be readily Davy (1898) collected and first central lemma tooth and lacks the distinguished. described N. colusana as a member of grayish appearance, whereas, the Hoover collected Orcuttia pilosa in the genus Stapfia. Burtt-Davy (1899) spikelets of the latter are more renamed this genus Neostapfia and 1938 from a single locality in eastern congested toward the apex of the Stanislaus County, at the time shortly thereafter, Frank Scribner (1899) inflorescence, but not as much as in O. submerged Neostapfia within the genus considering these specimens to be a inaequalis. Orcuttia inaequalis has also more robust form of O. tenuis. He used Anthochloa. Robert Hoover (1940) smaller lemmas, noncurving lemma placed this species in the resurrected one of these specimens as the type for teeth, and smaller seeds. Orcuttia a new species, O. pilosa, which he monotypic genus Neostapfia. inaequalis grows with Neostapfia described after examining additional Neostapfia colusana has been colusana at five sites in the San Joaquin collections from Merced and Madera extirpated from its type locality in Valley. Colusa County. Seven populations of N. Klyver first collected and identified counties in San Joaquin Valley (Hoover colusana in Colusa, Merced, and Orcuttia inaequalis as O. californica 1941). Orcuttia pilosa occurs along a Stanislaus counties have been lost. near Lane's Bridge in Fresno County in 490 km (223 mi) stretch on the eastern Three populations in Merced County 1927 (Klyver 1931). Hoover (1936a) margin of the San Joaquin and and one occurrence in Stanislaus described O. inaequalis as a distinct Sacramento valleys from Tehama County have not been seen in many species, but reduced the species to a County south to Stanislaus County and years and are considered to possibly be variety of O.
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