44750 Federal Register / Vol. 49, No. 219 / Friday, November 9, 1984 / Rules and Regulations the Federal Register of February 16,1979 DEPARTMENT OF HOUSING AND DEPARTMENT OF THE INTERIOR (44 FR 10059). This approval reflects URBAN DEVELOPMENT * Office of Surface Mining Reclamation concurrence with the conclusions of that and Enforcement review and bioequivalence with an Office of the Assistant Secretary for approved product. Housing, Federal Housing 30 CFR Part 917 In accordance with the freedom of Commissioner Consideration of Amendments to the information provisions of Part 20 (21 Kentucky Permanent Program Under CFR Part 20) and § 514.11(e)(2)(ii) (21 24 CFR Parts 207 and 255 the Surface Mining Control and CFR 514.11(e)(2)(ii)), a summary of Reclamation Act of 1977 [Docket No. R-84-953; FR-1391] safety and effectiveness data and AGENCY: Office of Surface Mining information submitted to support Coinsurance for the Purchase or Reclamation and Enforcement (OSM), approval of this application may be seen Refinancing of Existing Multifamily Interior. in the Dockets Management Branch Housing Projects; Correction of the a c t io n : Final rule, correction. (HFA-305), Food and Drug Announcement of Effective Date Administration, Rm. 4-62, 5600 Fishers SUMMARY: This document corrects the Lane, Rockville, MD 20857, from 9 a.m. a g e n c y : Office of the Assistant to 4 p.m., Monday through Friday. Secretary—Federal Housing listing found in 30 CFR 917.15(j), the The Center for Veterinary Medicine Commissioner, HUD. codification of Kentucky State program has carefully considered the potential amendments approved by OSM. OSM a c t io n : Notice of announcement of environmental effects of this action and announced the approval of certain effective date for interim rule; has concluded that the action will not program amendments and added correction. have a significant impact on the human paragraph (j) to 30 CFR 917.15 in the Federal Register dated October 3,1984 environment and that an environmental SUMMARY: On May 25,1983, the impact statement therefore will not be (49 FR 39053-39057). In adding Department published an interim rule paragraph (j), certain specific sections of prepared. The Center’s finding of no announcing a program of coinsurance significant impact and the evidence 405 KAR 16:190 and 18:190 of Kentucky’s for the purchase or refinancing of supporting this finding, contained in a regulations were listed as being existing multifamily housing projects statement of exemption (pursuant to 21 approved. Kentucky submitted these (see 48 FR 23386). The interim rule CFR 25.1(f)(l)(iii)), may be seen in the provisions promulgated by emergency revised Part 255 and made two Dockets Management Branch (address regulations as further revision to an amendments to Part 207. The interim above) between 9 a.m. and 4 p.m., amendment under consideration. When rule was published with a pending Monday through Friday. listing the amendments approved, only effective date, with a follow-up notice to List of Subjects in 21 CFR Part 540 certain specific sections of the be published by the Department. regulations were reflected as approved, Animal drugs, Antibiotics, Penicillin. The Department published its rather than the complete sections of the PART 540—PENICILLIN ANTIBIOTIC effective date notice on June 28,1983 regulations. The emphasis on the DRUGS FOR ANIMAL USE (see 48 CFR 29686). The effective date specific sections listed is that these notice, which was intended to apply to § 540.255c [Am ended] were topics of concern that were further the entire rule, stated that it announced revised in the resubmission based on Therefore, under the Federal Food, the effective date for the interim rule discussions between OSM and Drug, and Cosmetic Act (sec. 512 (i) and published in the Federal Register on Kentucky. These regulation pertain to (n), 82 Stat. 347, 350-351 (21 U.S.C. 360b May 25,1983, but it did not expressly auger mining on pre-mined lands. (i) and (n))) and under authority mention the amendments to Part 207. Therefore, 30 CFR 917.15(j) is being delegated to the Commissioner of Food This document corrects this ambiguity amended to reflect approval of the and Drugs (21 CFR 5.10) and redelegated by specifically stating that the effective to the Center for Veterinary Medicine complete sections of the Kentucky date notice published on June 28,1983, regulations. v \ (21 CFR 5.83), § 540.255c Sterile referred to the amendments to both Part benzathine penicillin G and procaine 207 and Part 255 as published in the EFFECTIVE DATE: The approval of these program amendments is retroactive to penicillin G suspension is amended in May 25,1983 interim rule. paragraph (c)(2)(i) by revising the phrase October 3,1984. Accordingly, the DATE section of FR “and 010271“ to read “010271, and Doc. 83-17355, appearing on page 29686 FOR FURTHER INFORMATION CONTACT: 010515” and in paragraph (c)(2)(iii) by of the June 28,1983, Federal Register is W. H. Tipton, Director, Kentucky Field revising the phrase “No. 000069” to read corrected to read: Office, Office of Surface Mining, 340 "000069 and 010515.” Legion Drive, Suite 28, Lexington, Effective date. November 9,1984. DATE: The effective date for the rule, containing Part 207 and Part 255 Kentucky 40504; Telephone: (606) 233- (Sec. 512 (i) and (n), 82 Stat. 347, 350-351 (21 amendments, is June 28,1983. 7327. U.S.C. 380b (i) and (n))) Date: November 5,1984. List of Subjects in 30 CFR Part 917 Dated: November 1,1984. Marvin A. Norcross, Donald A. Franck, Coal mining, Intergovernmental relations, Surface mining, Underground Acting Director, Center for Veterinary Acting Assistant General Counsel for M ed icine. Regulations. mining. [FR Doc. 84-29479 Filed 11-8-84:8:45 am] [FR Doc. 84-29532 Filed 11-8-84; 8:45 am] Accordingly, 30 CFR Part 917 is BILLING) CODE 4160-01-M BILLING CODE 4210-27-M amended as set forth herein. Federal Register / Voi, 49, No. 219 / Friday, November 9, 1984 / Rules and Regulations 44751

D a te d : November 2,1984. Act of 1968); effective Jan. 28,1969 (33 FR proceeding. The parties were also Wesley R. Booker, 17804, Nov. 28,1968), as amended, 42 U.S.C. required to submit their joint ownership Acting D irector, O ffice o f Su rfa ce M ining. 4001-4128; Executive Order 12127, 44 FR agreements to the Commission and the 19367; and delegation of authority to the Alaska Public Utilities Commission PART 917—KENTUCKY Administrator, Federal Insurance Administration) * (APUC) within six months of the 30 CFR 917.15, paragraph (j) is Issued: October 23,1984. effective date of the Final Decision. By correctly added to read as follows: Jeffrey S. Bragg, letter and by Request for Extension of Time, dated October 15,1984, Alascom 917.15 Approval of Amendments to State Administrator, Federal Insurance Administration. and United respectively request an Regulatory Program. extension of time to complete complex [FR Doc. 84-29482 Filed 11-8-84; 8:45 am] BILLING CODE 6718-03-M negotiations and prepare the contracts. (j) The following amendments are There is no objection to this extension of approved effective October 3,1984:405 time. KAR 8:050 Section 2 and the legal FEDERAL COMMUNICATIONS 2. We find that good cause has been opinion dated October 26,1983, received COMMISSION shown for the requested extension of by OSM on October 31,1983; 405 KAR time. The limited period for additional 16:190; 18:190, as submitted by Kentucky 47 CFR Part 25 time to complete negotiations is on October 31,1983. reasonable under the circumstances and [CC Docket No. 80-584; RM-3304] (Pub. L 95-87, Surface Mining Control and will not adversely affect the ultimate Reclamation Act of 1977 (30 U.S.C. 1201 et Policies Governing the Ownership and disposition of the docketed proceeding. seq.)) Operation of Domestic Satellite Earth Accordingly, pursuant to § 0.291 of the [FR Doc. 84-29442 Filed 11-8-84; 8:45 am] Stations in the Bush Communities in Commission’s rules on delegations of BILUNG CODE 4310-05-M Alaska; Order Extending Time for authority, it is ordered that the period of Filing Contracts time to complete negotiations and to submit joint ownership contracts FEDERAL EMERGENCY a g e n c y : Federal Communications pursuant to paragraph 45 of the Final MANAGEMENT AGENCY Commission. D ecision is extended until October 31, ACTION: Final Rule; Extension of time for 1984. 44 CFR Part 64 filing contracts. Federal Communications Commission. [Docket No. FEMA 6628] James R. Keegan, S u m m a r y : This action extends the time for filing joint ownership agreements Chief Domestic Facilities Division, Common Suspension of Community Eligibility Carrier Bureau. Under the National Hood Insurance pursuant to the Commission’s Final Program D ecision in this proceeding establishing [FR Doc. 84-29469 Filed 11-8-1984; 8:45 am] its policies governing the joint BILLING CODE 6712-01-M AGENCY^ Federal Emergency ownership and operation of domestic Management Agency, FEMA. satellite earth stations in the Bush ACTION: Final rule, correction. communities in Alaska. Extension was DEPARTMENT OF TRANSPORTATION granted because of the difficulties in SUMMARY! This document makes finalizing the contracts because of the National Highway Traffic Safety corrections to two final rules, complexity of the issues to be Administration Suspension of Community Eligibility negotiated. under the National Flood Insurance 49 CFR Part 575 d a t e : Contracts must be filed on or Program (NFIP), published July 2,1982, before October 31,1984. 47 FR 28931 and List of Communities [Docket No. 25; Notice 57] Eligible for the Sale of Flood Insurance a d d r e s s : Submit contracts to the under the NFIP, published August 9, Federal Communications Commission, Uniform Tire Quality Grading 1982,47 FR 34393. The Town of Lima, Washington, D.C. 20554. Standards Beaverhead County, Montana should be FOR FURTHER INFORMATION CONTACT: deleted from the tables in § 64.6,47 FR Wilbert Nixon, Common Carrier Bureau, AGENCY: National Highway Traffic 28932, July 2,1982 and 47 FR 34394, (202) 634-1624. Safety Administration (NHTSA). August 9,1982. The Flood Insurance Order ACTION: Statement of policy. Rate Map (FIRM) which was scheduled to become effective on July 5,1982, was In the matter of policies governing the s u m m a r y : NHTSA is subject to a court ownership and operations of Domestic order to.reinstate the treadwear grading rescinded on July 6,1982. th e Town of Satellite Earth Stations in the Bush Lima was not converted to the Regular requirements under the Uniform Tire Communities in Alaska (CC Docket No. 80- Quality Grading Standards as promptly Program and its participation in the 584) (3-15-84; 49 FR 9727). as is reasonable. As a step towards emergency phase of the NFIP was Adopted: October 25,1984. continued. Released: October 31,1984. reinstating those requirements, NHTSA has procured new groups of bias belted POR FURTHER INFORMATION CONTACT: By the Common Carrier Bureau. and radial course monitoring tires Frank H. Thomas, Assistant 1. On February 21,1984 the (CMT’s). These CMT*s are used in Administrator, Office of Loss Reduction, Commission released the Final testing tires to determine the Federal Insurance Administration, (202) D ecision, 96 FCC 2d 522 (1984) requiring appropriate treadwear grade to be 287-0876, 500 C Street, Southwest, Alascom, Inc. (Alascom) and United assigned to the tires. FEMA—Room 416, Washington, D.C. Utilities, Inc. (United) to enter into good 20472. It is in the interest of all parties to faith negotiations to establish their expedite the availability of these CMTs (National Flood Insurance Act of 1968 (title respective operating and financial to the manufacturers so that they can XIII of the Housing and Urban Development responsibilities in the above captioned begin as quickly as possible the 44752 Federal Register / VoL 49, No. 219 / Friday, November 9, 1984 / Rules and Regulations

necessary testing of their tires to assign available to the agency indicating that a products as any other CMT which might appropriate treadwear grades. This will part of the proposed schedule might have been chosen for use in testing. enable the treadwear grading have to be postponed, NHTSA The second determination which the requirements to be reinstated sooner. published a notice informing the public agency makes is the base course wear One means of expediting the availability about the further information and rate (BCWR) for the new CMT’s. The of the CMT’s would be to release those seeking comment on the appropriate BCWR allows those persons testing tires tires for testing before the base course agency response at 49 FR 35814, to adjust the wear rates of the tested wear rate (BCWR) for the CMT’s has September 12,1984. tires appropriately to reflect the severity been determined by NHTSA. It is not Despite these agency actions to of the environmental conditions necessary to know the BCWR before reinstate treadwear grading, the U.S. encountered during the testing. conducting treadwear testing. Court of Appeals issued an order on Ordinarily, when NHTSA procures However, a note to the treadwear September 27,1984, finding NHTSA to new CMT’s, it does so when existing grading procedures regulation states be in violation of the April 24,1984, supplies of the old CMT’s for a tire type that the BCWR will be furnished to the court order. The court directed the begin to run low. The COV and BCWR purchaser of CMT’s at the time those agency to either reinstate the old determinations are typically made for CMT’s are purchased. That policy was treadwear grading requirements in full the new CMT’s while the old CMT’s are adopted as a matter of convenience to or to apply to the court within 14 days still being made available for use in the purchaser, so that no further for a modification of the April 24 order testing. Hence, CMT’s for which the information would be needed, and not providing for a reasonably prompt COV and BCWR have been determined as a necessity prior to conducting the schedule for reinstatement of the are continuously available to those testing. Following that policy in treadwear grading requirements. In manufacturers who wish to conduct connection with this reinstatement response to this order, NHTSA applied treadwear testing. proceeding would require the agency to for a modification of the April 24 order In the instant situation, however, withhold the CMT’s from the tire on October 11,1984. The court granted there are no old CMT’s available to the manufacturers until the agency has NHTSA’s application on October 31, manufacturers for use in treadwear completed its determination of the 1984. testing. Therefore, no testing can be appropriate BCWR to be assigned to One fact which was not in dispute conducted until the new CMT’s are these CMT’s. Since the earliest possible during these latter court proceedings is made available to the tire availability of the CMT’s would serve that the agency is required to promptly manufacturers. One obvious way to the interest in the promptest reinstate treadwear grading expedite the availability of the new reinstatement of treadwear grading, this requirements. Another fact which was CMT’s is to offer them to the notice announces that the agency will not in dispute is that the sooner CMT’s manufacturers to begin testing before follow a policy of making the CMT’s are made available to the tire the agency has made both of the available to the tire manufacturers to manufacturers to begin their testing, the determinations. NHTSA has considered begin testing as of the date this notice is sooner the steps needed to reinstate the the consequences of such an action, and published in the Federal Register. Once treadwear grading requirements can be decided that there are no negative the BCWR has been determined for commenced. Hence, the agency has impacts associated with such an action. these tires, which will be no later than been considering means to expedite the NHTSA has already completed its November 21,1984, the agency will availability of the CMT’s to the testing to determine the COV’s for the revert to the policy of furnishing the manufacturers. new radial and bias belted CMT’s. The BCWR to the purchaser of CMT’s at the As noted in this agency’s August 13 COV for the new radial CMT’s is 2.6 time of purchase. and September 12 notices, NHTSA has percent and the COV for the new bias EFFECTIVE DATES: This policy will be in procured new groups of radial and bias belted CMT’s is 3.1 percent. Hence, both effect from November 9,1984 until belted CMT’s because certain new groups of CMT’s are appropriate for November 21,1984. characteristics of the old CMT’s for use in treadwear testing, since their those tire types made them COV’s are not in excess of 5.0 percent. FOR FURTHER INFORMATION CONTACT: inappropriate for use in testing. NHTSA For further information on this William Boehly, Office of Market normally makes two determinations on calculation, s e e Brenner, “Report on the Incentives, National Highway Traffic a new group of CMT’s before-making Coefficients of Variation of New Lots of Safety Administration, 400 Seventh those CMT’s available to the Radial and Bias Belted CMT,” Docket Street, SW., Washington, D.C. (202-426- manufacturers for use in testing. The No. 25, N. 55-013 (October 30,1984). 1740). first determination is that the coefficient The BCWR for these tires has not yet SUPPLEMENTARY INFORMATION: On April of variation (COV) for the new CMT’s been determined. However, the BCWR 24,1984, the U.S. Court of Appeals for does not exceed 5.0 percent. NHTSA has is used only in the calculation of the the District of Columbia Circuit vacated had a longstanding policy of requiring tested tires’ projected mileage, and need the NHTSA’s order suspending the that the COV for any CMT’s not exceed not be known in advance to conduct treadwear grading requirements under 5.0 percent, and this policy was treadwear testing. Those manufacturers the UTQGS [Public Citizen v. Steed, 733 specifically approved by the reviewing which complete the testing of some tires F.2d 93). The NHTSA interpreted the court in B.F. Goodrich v. Department of before the BCWR is determined for the court’s order as requiring the agency to Transportation, 541 F.2d 1178, at 1189 new CMT’s cannot calculate the reinstate the treadwear grading (6th Cir. 1976). This policy ensures that, projected mileage for the tested tires requirements reasonably promptly. under the environmental conditions until the BCWR is announced. However, Accordingly, NHTSA published a actually encountered during the testing, they can store the test data for those proposed schedule for reinstating those the particular CMT used in the testing tires and calculate the projected mileage requirements at 49 FR 32238, August 13, will wear at as nearly the same wear after the BCWR is announced. 1984. When further information became rate as is feasible for mass-produced Expediting the availability of the bias Federal Register / Vol. 49, No. 219 / Friday, November 9, 1984 / Rules and Regulations 44753

belted and radial CMT’s necessitates a DEPARTMENT OF THE INTERIOR and Rene Sylva of Maui discovered departure from the policy in the note sizeable populations of G. hillebrandii following 49 CFR 575.104(eH2)(ix)(C). Fish and Wildlife Service behind Olowalu, West Maui, some 2 to 3 The note specifies that the BCWR will miles from the Lahaina population 50 CFR Part 17 be furnished to purchasers of CMT’s at (Hobdy 1980). Today, it is known only the time the CMT’s are purchased, This Endangered and Threatened Wildlife from these two localities; the west­ note, which was added to the UTQGS at and Plants; Final Rule To List Gouania facing slopes of Pa’upa’u, above 40 FR 23073, May 28,1975, was adopted hillebrandii as an Endangered Species Lahaina, and Lihau, both in the District in the anticipation that old CMT’s would and To Designate Its Critical Habitat of Lahaina, County and island of Maui, still be available to manufacturers for Hawaii. testing while the BCWR for new CMT’s AGENCY: Fish and Wildlife Service, No Hawaiian name has been recorded was being determined. There are no Interior. for this taxon. However, archaeological policy reasons why CMT’s should not be a c t io n : Final rule. sites in the vicinity of present day made available until such time as a populations and the highly developed s u m m a r y : The U.S. Fish and Wildlife BCWR has been assigned to those tires, botanical knowledge of the Hawaiians Service determines Gouania before European contact indicate that a and there is a strong policy interest in hillebrandii, a shrub in the buckthorn favjor of expediting the availability of Hawaiian name probably did exist but family, to be an endangered species, and has been lost. CMT’s for use in testing, given the court designates four areas in the Lahaina The plant is a shrub up to 6 feet tall, order to reinstate the treadwear grading District, County and island of Maui, requirements. Therefore, NHTSA is often comprised of a single unbranched Hawaii as critical habitat. These actions or sparingly branched stem when below announcing that the note following are taken under the authority of the 2 feet but becoming more branched and § 575.104(e)(2)(ix)(C) will not be strictly Endangered Species Act of 1973, as rounded with increased height. Branches followed for the reinstatement of amended. The populations of this are slender and covered with a rust- or treadwear grading, and that the new species are vulnerable to any ash-colored fuzz. Leaves are oval or substantial habitat alteration and face bias helted and radial CMT’s will be oblong in shape, 2 to 3 inches long by % threats of browsing and trampling by offered to the tire manufacturers to to 1 inch wide, broadly pointed, entire commence their testing as of the date livestock in at least one of these areas. (without toothed or lobed edges) dark An introduced insect, Pinnaspis this notice is published in the Federal green, fuzzy and pale below, thin and strachani (hibiscus snow scale), present Register. somewhat papery. Flowers are quite in this area for at least forty years, has This policy statement is simply a small and nearly white, quite, fragrant, means of expediting the availability of weakened and killed many of the plants. borne on short fuzzy branching flower The present rule is intended to provide CMT’s when there is no harm caused by stalks that arise from the junction of the such action. It should in no way be Gouania hillebrandii the protection leaves with the stem. Flower stalks are 1 available under the Act. interpreted as a delay in the to IV2 inches long, and bear 3 to 5 announcement of the BCWR for those ''EFFECTIVE DATE: The effective date of flowers, each. The tiny brown seeds are tires, which NHTSA still plans to make this rule is December 10,1984. in small, 3-winged capsules that are not later than November 21,1984. ADDRESSES: The complete file for this covered with soft white fuzz. Further, this policy will be in effect only rule is available for inspection, by Livestock and introduced insects pose between the date of publication of this appointment, during normal business serious threats to this native shrub. horn's at 500 N.E. Multnomah Street, notice in the Federal Register (when the Browsing and trampling by domestic Suite 1692, Portland, Oregon 97232 (503/ CMTs will be made available to the tire cattle have decimated this taxon, 231-6131). manufacturers for testing) and especially at Pa’upa’u, and will probably FOR FURTHER INFORMATION CONTACT: November 21, at which time NHTSA extirpate that population if continued. Mr. Sanford R. Wilbur, U.S. Fish and The introduced insect Pinnaspis will again follow the provisions of the Wildlife Service, Lloyd 500 Building, .strachani (hibiscus snow scale) now note and furnish the purchaser of CMT’s Suite 1692, 500 NE. Multnomah Street, infests at least half of all known plants. with the BCWR at the time of purchase. Portland, Oregon 97232 (503/231-6131). Many of the most heavily infested plants This statement of policy is adopted SUPPLEMENTARY INFORMATION: have died. without following the public notice and Section 12 of the Endangered Species comment procedure, in accordance with Background Act of 1973 directed the Secretary of the the provisions of the Administrative The type specimen for Gouania Smithsonian Institution to prepare a Procedure Act, 5 U.S.C. 553(b)(A). hillebrandii Oliver was collected by the report on those plants considered to be List of Subjects in 49 CFR Part 575 German physician and botanist William endangered, threatened, or extinct. This Hillebrand in August 1870. Since that report, designated as House Document Consumer protection, labeling, motor time, the taxon only occasionally has No. 94-51, was presented to Congress on vehicle safety, motor vehicles, rubber been collected (1910,1943,1955,1965, January 9,1975. On July 1,1975, the and rubber products, tires. 1966,1978,1979,1980). All collections Director of the U.S. Fish and Wildlife (Secs. 103,112,119, 201, and 203, Pub. L. 89- prior to 1979 probably were from the dry Service published a notice in the Federal 563, 80 Stat. 718 (15 U.S.C. 1392,1401,1407, gulches and ridges behind Lahaina, Register (40 FR 27823) of his acceptance 1421, and 1423); delegations of authority at 49 West Maui (St. John 1969). Although the of this report as a petition within the CFR 1.50 and 49 CFR 501.8) type specimen is labeled “Maui! gulches context of Subsection 4(c)(2) of the 1973 of Kula and Lahaina,’’ no collections Act, and of his intention thereby to Issued on November 5,1984. from the Kula region (East Maui) have review the status of the plant taxa Barry Felrice, been verified as G. hillebrandii. Of the named within. On June 16,1976, the Associate Administrator for Rulemaking. five species of Gouania known from Director published a proposed rule in [PR Doc. 84-29490 Filed 11-8-84; 8:45 am] Maui, only G. hillebrandii has been seen the Federal Register (41 FR 24523) to BILLING CODE 4910-59-M since the 1870’s. In 1979 Robert Hobdy determine approximately 1,700 vascular 44754 Federal Register / Voi. 49, No. 219 / Friday, November 9, 1984 / Rules and Regulations plant taxa, including Gouania should be made to protect this species." Summary of Factors Affecting the hillebrandii, to be endangered species. Additionally, the letter contained an Species This list was assembled on the basis of update on the population estimate for comments and data received by the the species as a result of recent After a thorough review and Smithsonian Institution and the Service botanical work in the Lahaina area. The consideration of all information in response to House Document No. 94- Service was aware of the surveys and available, the Service has determined 51 and the July 1,1975, Federal Register their results are included in the status that Gouania hillebrandii should be publication. Gouania hillebrandii was report which is in the administrative file classified as an endangered species. included in the July 1,1975, notice and for the plant. A particularly pertinent Procedures found at Section 4(a)(1) of the June 16,1976, proposal. General statement in the letter needs to be the Endangered Species Act (16 U.S.C. comments on the 1976 proposal are emphasized: "Plants that grow on the 1531 et seq .) and regulations summarized in an April 26,1978, Federal flatter slopes above Lahainaluna School, promulgated to implement the listing Register publication (43 F R 17909). where feral cattle graze, have decreased provisions of the Act (codified at 50 CFR The Endangered Species Act from an estimated 300 to 30 plants over Part 424; under revision to accommodate Amendments of 1978 (P.L. 95-632) the last 10 years.” Feral and domestic . 1982 amendments—see proposal at 48 subsequently required that all proposals livestock probably have been the FR 36062, August 8,1983) were followed. over 2 years old be withdrawn. On greatest threat historically to Gouania A species may be determined to be an December 10,1979, the Service hillebrandii and to its habitat. The State endangered or threatened species due to published a notice of the withdrawal of proposes to withdraw the cattle grazing one or more of the five factors described the June 16,1976, proposal along with permit for the entire Lahainaluna area in Section 4(a)(1). These factors and four other proposals that had expired (44 where these plants grow and fence it to their application to Gouania hillebrandii FR 70796). A reproposal was published protect them from further damage by Oliver are as follows: September 7,1983 (48 FR 40407), based cattle. A. The present or threatened on information available at the time of A map was submitted showing the destruction, modification, or curtailment the 1976 proposal and information areas the State considers to be critical of its habitat or range. Feral and gathered after that time and summarized habitat for the species. The area is domestic livestock (cattle and goats) in a detailed status report prepared somewhat larger than that the Service probably have been the greatest threat under contract by a University of proposed, because the State has historically to the habitat of Gouania Hawaii botanist (Holt 1982). The included a large portion of its proposed hillebrandii. Their trampling removes comment period on this reproposal Lihau Natural Area as critical habitat. vegetation and litter important to soil- closed on November 7,1983. A research biologist and a research water relations, compacts the soil and In the June 2,1977, Federal Register associate of Haleakala National Park on promotes erosion. Cutting of native trees (42 FR 32373, codified at 50 CFR 17.61, Maui co-signed a letter supporting thè and subsequent reforestation attempts 17.62, and 17.63) the Service published a listing of Gouania hillebrandii as have further altered the habitat at final rule detailing regulations to protect Pa’upa’u. Agricultural pressures have endangered plant species. These endangered. They emphasized that * * * “the entire genus in the been relaxed at Lihau, but domestic regulations established prohibitions and cattle continue to graze and trample the a permit procedure to grant exceptions Hawaiian Islands is clearly endangered, a situation not mentioned in the F ed era l Pa’upa’u habitat, promoting erosion, to the prohibitions under certain especially along ridge-top paths, and conditions. R egister writeup which would perhaps add urgency to protection of G. favoring the survival of less palatable Summary of Comments and hillebrandii. ” They comment that in introduced plant species over native Recommendations discussing the type specimen the species. B. Overutilization for commercial, In the September 7,1983 proposed rule Service’s statement that * * * (48 FR 40407) and associated “although the type specimen is labelled recreational, scientific, or educational notifications, all interested parties were ‘Maui! gulches of Kula and Lahaina,’ no purposes. Not applicable to this species. requested to submit factual reports or collections from the Kula region (East C. Disease or predation. Grazing has information that might contribute to the Maui) have been verified as Gouania been a serious problem for the habitat of development of a final rule. Appropriate hillebrandii * * *” may foster the Gouania hillebrandii, as indicated under State agencies, the county government, erroneous idea that another species of factor A above. Undiscovered Federal agencies, scientific the genus survives on East Maui. In fact, populations probably have been organizations, and other interested of the five species of Gouania described eliminated before they could be found. parties were contacted and requested to from Maui, four apparently have not Additionally, an insect herbivore, comment. A newspaper notice was been seen since the 1870’s. Pinnaspis strachani (hibiscus snow published in the Honolulu Star-Bulletin A member of Congress from the State scale) has been present at Pa’upa’u at on October 5,1983, which invited of Hawaii expressed his appreciation for least since 1943, and is now present at general public comment. Four comments being informed of this action. He Lihau. Many of the Gouania hillebrandii were received and are summarized and declined to comment, stating that his at Pa’upa’u have been killed by this discussed below. office had no information on the plant, insect. Finally, unknown chewing The State Department of Land and but referred the letter to the Maui insects have caused extensive leaf Natural Resources, Division of Forestry County Council. damage noted in herbarium specimens and Wildlife, supported the listing of On November 4,1983, the Council of collected since about 1955. Gouania hillebrandii as an endangered the County of Maui adopted a resolution D. The inadequacy of existing species and the designation of its critical supporting the Service’s proposed rule regulatory mechanisms. This species is habitat. They noted that of the fifteen determining Gouania hillebrandii as an not now the subject of any regulation. described species, only three are still endangered species and designating its E. Other natural or manmade factors known to exist and state that. * * * “In critical habitat. The resolution was affecting its continued existence. Exotic light of this apparent generic passed unanimously by the council plant species, especially matted grasses susceptibility, we feel a special effort members present. and trees, may compete adversely with Federal Register / Vol. 49, No. 219 / Friday, November 9, 1984 / Rules and Regulations 44755

Gouania hillebrandii. Other factors of pollination, may prove to be primary actions be carried out for all listed probable importance, such as the elements as well. species. Such actions are initiated by the availability of pollinating organisms, Section 4(b)(8) requires, for any Service following listing. need additional study before they can proposed or final regulation that Section 7(a) of the Act, as amended, be identified. designates critical habitat, that a brief requires Federal agencies to evaluate description and evaluation of those Critical Habitat their actions with respect to any species activities, public and private, which may that is proposed or listed as endangered Critical habitat, as defined by Section adversely modify such habitat or may or threatened, and with respect to its 3 of the Act and at 50 CFR Part 424, be affected by such designation be critical habitat. Regulations means: (i) The specific areas within the included. Such activities are identified implementing this interagency geographical area occupied by a species, below for this species. It should be cooperation provision of the Act are at the time it is listed in accordance with emphasized that critical habitat codified at 50 CFR Part 402 and are now the Act, on which are found those designation will not affect most of the under revision (see proposal at 48 FR physical or biological features (I) activities mentioned below, as critical 29989; June 29* 1983). Section 7(a)(4) essential to the conservation of the habitat designation only relates to requires Federal agencies to confer species and (II) that may require special programs or activities conducted by informally with the Service on any management considerations or Federal agencies or with Federal action that is likely to jeopardize the protection, and (ii) specific areas outside funding or authorization affected continued existence of a proposed the geographical area occupied by a through Section 7 of the Act. species or to destroy or adversely species at the time it is listed, upon a Any activity that would significantly modify its proposed critical habitat. determination that such areas are disturb the soil, topography or other When a species is listed, Section 7(a)(2) . essential for the conservation of the physical and biological components of requires Federal agencies to ensure that species. the area where Gouania hillebrandii activities they authorize, fund, or carry The Act in Section 4(a)(3) requires occurs could adversely modify its out are not likely to jeopardize the critical habitat. Livestock grazing and that critical habitat be designated to the continued existence of such a species or maximum extent prudent and other land uses in the immediate vicinity to destroy or adversely modify its determinable concurrent with the of the population and in its surroundings critical habitat. If a Federal action may should be examined carfully to prevent determination that a species is affect a listed species or its critical such modifications. Any effective endangered or threatened. Critical habitat, the responsible Federal agency conservation program might require habitat is being designated for Gouania must enter into consultation with the measures such as fencing to prevent hillebrandii to include two zones of Service. With regard to Gouania livestock grazing within the primary Lahaina District, island and County of hillebrandii, no Federal actions are habitat areas, although to the extent that Maui, Hawaii, as follows: (1) Pa’upa’u known or expected to occur that would no Federal agency involvement is Zone—a quadrangular area of jeopardize this species or adversely connected with the State leasing approximately 52 acres centered about modify its critical habitat. program, any such modifications of one-half mile east of Lahainaluna The Act and its implementing School, on three ridges that form the existing patterns of land use would be voluntary on the part of the State. Any regulations found at 50 CFR 17.61,17.62, south wall of Kanaha Stream valley; (2) and 17.63 set forth a series of general Lihau Zone—approximately 60 acres of direct, unselective removal of vegetation or alteration of wind exposure or trade prohibitions and exceptions that land divided among three circular areas apply to all endangered plant species. of 0.1 mile rddius (about 20 acres) each, moisture regime probably would adversely modify this habitat. With respect to Gouania hillebrandii, all lying between 800 ft. and 1,700 ft. in Subsection 4(b)(2) of the Act requires trade prohibitions of Section 9(a)(2) of elevation on the west flank of Lihau the Service to consider economic and the Act, implemented by 50 CFR 17.61, Mountain above Olowalu cinder pits; other impacts of designating a particular apply. These prohibitions, in part, make one area centered at Pu’u Hipa Peak, area as critical habitat. The Service has it illegal for any person subject to the and the two others centered about 0.7 prepared an economic analysis for the jurisdiction of the United States to miles southeast and south by southeast present designation in order to avoid import or export, transport in interstate respectively from Pu’u Hipa Peak. undesirable impacts that such or foreign commerce in the course of a Within the designated areas are designation might have. On the basis of commercial activity, or sell or offer for irregular, smaller areas of primary this analysis, the Service believes that sale this species in interstate or foreign habitat consisting of dry, exposed ridge the economic impacts of this action are commerce. Certain exceptions can apply crests and north-facing slopes down to not significant in the foreseeable future. to agents of the Service and State about 160 ft. below the crests, where conservation agencies. The Act and 50 strong prevailing winds exclude much of Available Conservation Measures CFR 17.62 and 17.63 also provide for the the competing exotic vegetation, Conservation measures provided to issuance of permits to carry out allowing the wind-adapted Gouania species'listed as endangered or otherwise prohibited activities involving hillebrandii to survive. threatened under the Endangered endangered species under certain At this time, primary constituent Species Act include recognition, circumstances. It is anticipated that few elements of this habitat are considered recovery actions, requirements for trade permits will ever be sought or to include: (a) Xeric climate, wind Federal protection, and prohibitions issued since the species is not common exposure and. certain soil and drainage against certain practices. Recognition in cultivation or in the wild. factors that discourage introduced through listing encourages and results in Section 9(a)(2)(B) of the Act, as plants or herbivorous insects, and (b) conservation actions by Federal, State, amended in 1982, states that it is -• permanent freedom from unrestricted and private agencies, groups, and unlawful to remove and reduce to browsing and trampling by feral or individuals. The Endangered Species possession endangered plant species domestic livestock. Other elements Act provides for possible land from areas under Federal jurisdiction. needing additional research, such as acquisition and cooperation with the The new prohibition now applies to types of organisms important for States, and requires that recovery Gouania hillebrandii. Permits for 44756 Federal Register / Vol. 49, No. 219 / Friday, November 9, 1984 / Rules and Regulations exceptions to this prohibition are was published in the Federal Register on St. John, H. 1969. Monograph of the available through Section 10(a) and 4(d) October 25,1983 (48 FR 49244). Hawaiian species of Gouania (Rhamnaceae). of the Act, until revised regulations are Hawaiian plant studies 34. Pacific Sci. Regulatory Flexibility Act and Exécutive promulgated to incorporate the 1982 23(4):507-543. Order 12291 amendments. Proposed regulations Author implementing this new prohibition were The Department of the Interior has The primary author of this final rule is published on July 8,1983 (48 FR 31417) determined that designation of critical Dr. Derral Herbst. U.S. Fish and Wildlife and these will be made final following habitat for this species will not Service, 300 Ala Moana Boulevard, P.O. public comment. As all known constitute a major action under Box 50167, Honolulu, Hawaii 96850 (808/ individuals of Gouania hillebrandii Executive Order 12291 and certifies that 546-7530). Dr. George E. Drewry, of the occur on State lands, no permit requests this designation will not have a Service’s Washington Office, served as are anticipated. significant economic effect on a editor. Requests for copies of the regulations substantial number of small entities on plants, and inquiries regarding them, under the Regulatory Flexibility Act (5 List of Subjects in 50 CFR Part 17 U.S.C. 601 e ts e q .). No significant may be addressed to the Federal Endangered and threatened wildlife, Wildlife Permit Office, U.S. Fish and economic or other impacts are expected to result from the designation of critical Fish, Marine mammals, Plants Wildlife Service, Washington, D.C. (agriculture). 20240 (703/235-1903). habitat for Gouania hillebrandii. The The Service also will review the entire critical habitat area is owned and Regulations Promulgation status of this species to determine administered by the State of Hawaii. PART 17—[AMENDED] whether it should be proposed to the There is no known involvement of Federal funds or permits for these State Secretariat of the Convention on lands within the critical habitat Accordingly, Part 17," Subchapter B of International Trade in Endangered designation. No direct costs, Chapter I, Title 50 of the Code of Federal Species of Wild Fauna and Flora for enforcement costs, or information or Regulations, is amended as set forth placement upon the appropriate recordkeeping requirements are imposed below: appendices to that Convention or on small entities by the designation. 1. The authority citation for Part 17 whether it should be considered under These determinations are based on a reads as follows: other appropriate international Determination of Effects that is Authority: Pub. L 93-205, 87 Stat. 884; Pub. agreements. available at Lloyd 500 Building, Suite L 94-359, 90 Stat. 911; Pub. L. 95-632, 92 Stat National Environmental Policy Act 1692, 500 NE. Multnomah Street, 3751; Pub. L. 96-159,93 Stat. 1225; Pub. L 97- Portland, Oregon. 304,96 Stat. 1411 (16 U.S.C. 1531 et seq.). The Fish and Wildlife Service has determined that an Environmental References 2. Amend § 17.12(h) by adding the Assessment, as defined by the National following in alphabetical order under Hobdy, R. 1980, Threatened and Rhamnaceae to the List of Endangered Environmental Policy Act of 1969, need endangered species action plan for Gouania and Threatened Plants: not be prepared in connection with hillebrandii. Maui District, State of Hawaii, regulations adopted pursuant to Section Division of Forestry and Wildlife. Unpubl. § 17.12 Endangered and threatened 4(a) of the Endangered Species Act of rept. plants. 1973, as amended. A notice outlining the Holt, R.A. 1982. Status report on Gouania ***** Service’s reasons for this determination hillebrandii. Report on contract 14-16-0001- 79096 to U.S. Fish and Wildlife Service. 36 pp. (h) * * *

S p e c ie s S ta tu s When listed Critical habitat Special rules Scientific name Common name * . # Rhamnaceae—Buckthorn family: U .S .A (M l) _ E „1 7 .9 6 (a )...... N A * • •

3. Amend Section 17.96(a) by adding SE:0744723117 critical habitat of Gouania hillebrandii as follows: (2) Lihau Zone, Ahupua’a of Kuia. This zone consists of three circular § 17.96 Critical Habitat—plants. areas having radii of 0.1 mile on the (a) Flowering plants. western slopes of Lihau Mountain, one * * * * centered at Pu’u Hipa (near UTM Family Rhamnaceae: Gouania 0746823070), one at UTM 0747723063, hillebrandii. Hawaii, Maui County, Maui and the third at UTM 0747223059. Island, Lahaina District, two zones located as follows: (1) Pa’upa’u Zone, Ahupua’a of Kuia. The following Universal Transverse Mercator (UTM) designations form the comers of the quadrangular Pa’upa’u habitat area: NW:0744123121 NE:0744723122 S W :0744223118 Federal Register / VoL 49, No. 219 / Friday, November 9, 1984 / Rules and Regulations 44757

respectively” are removed. As amended, the Agricultural Marketing Agreement paragraph (a)(2) reads as follows: Act of 1937, as amended (7 U.S.C. 601- § 611.93 Bering Sea and Aleutian Islands 674). This action is based upon the groundfish fishery. recommendation of and information submitted by the Navel Orange fa) * * ‘ Administrative Committee and upon (2) For regulations governing fishing in other available information. It is hereby the Bering Sea and Aleutian Islands found that this action will tend to groundfish fishery by vessels of the effectuate the declared policy of the act. United States, see 50 CFR Part 675. This action is consistent with the Regulations governing foreign fishing for marketing policy for 1984-85. The snails are set forth in 50 CFR 911.94. marketing policy was recommended by ***** the committee following discussion at a public meeting on September 18,1984. PART 671—[AMENDED] The committee met again publicly on November 8,1984, at Porterville, §671.1 [AMENDED] California, to consider the current and Primary constituent habitat elements 2. In § 671.1, remove the paragraph prospective conditions of supply and are considered to be climatic and designator ‘1(a)” and delete paragraph demand and recommended a quantity of edaphic factors that discourage (b) in its entirety. navel oranges deemed advisable to be handled during the specified week. The introduced plant competitors and insect (16 U.S.C. 1801, etseq.) pests, and freedom from unrestricted committee reports the demand for navel [FR Doc. 84-29562 Filed 11-8-84; 8.-45 am] browsing and trampling by domestic or oranges is uncertain. BILLING CODE 3510-22-M feral livestock. It is further found that it is * * * * * impracticable and contrary to the public Dated: October 15,1984. DEPARTMENT OF AGRICULTURE interest to give preliminary notice, engage in public rulemaking, and G. Ray Arnett, Agricultural Marketing Service postpone the effective date until 30 days Assistant Secretary for Fish and Wildlife and after publication in the Federal Register Parks. 7 CFR Part 907 (5 U.S.C. 553), because of insufficient p Doc. 84-28304 Filed 11-8-84: 8:45 ami] [Navel Orange Reg. 602] time between the date when information BILUNG CODE 4310-55-M became available upon which this Navel Orapges Grown in Arizona and regulation is based and the effective DEPARTMENT OF COMMERCE Designated Part of California; date necessary to effectuate the National Oceanic and Atmospheric Limitation of Handling declared policy of the act. Interested Administration a g e n c y : Agricultural Marketing Service, persons were given an opportunity to 50 CFR Parts 611 and 671 USDA. submit information and views on the a c t io n : Final rule. regulation at an open meeting. It is Foreign Fishing; Tanner Crab O ff necessary to effectuate the declared Alaska SUMMARY: This regulation establishes policy of die act to make this regulatory AGENCY: National Marine Fisheries the quantity of fresh California-Arizona provision effective as specified, and Service (NMFS), NOAA, Commerce. navel oranges that may be shipped to handlers have been apprised of such action: Final rule; technical market during the period November 9 - provision and its effective date. amendment. 15,1984. Such action is needed to provide for the orderly marketing of List of Subjects in 7 CFR Part 907 sum m ary^ This, document removes two fresh navel oranges during this period Marketing agreements and orders, references to regulations at § 611.91 due to the marketing situation California, Arizona, Oranges (navel). pertaining to foreign fishing allocations confronting the orange industry. for Tanner crab off Alaska. Directed PART 907—[AMENDED] EFFECTIVE DATE: November 9,1984. foreign fishing for Tanner crab is not permitted and § 611.91 has been FOR FURTHER INFORMATION CONTACT: 1. § 907.902 is added as follows: William J, Doyle, 202-447-5975. removed. § 907.902 Navel Orange Regúlation 602. e f f e c t iv e DATE: October 1,1984. SUPPLEMENTARY INFORMATION: Findings. This rule has been reviewed under The quantities of navel oranges grown FOR FURTHER INFORMATION CONTACT: in California and Arizona which may be USDA procedures and Executive Order Donna D. Turgeon, Fees, Permits, and handled during the period November 9- 12291 and has been designated a “non­ Regulations Division, NMFS, 202-634- 15,1984, are established as follows: major” rule. William T. Manley, Acting 7432. (a) District 1: 837,000 cartons; Administrator, Agricultural Marketing Dated: November 6,1984. (b) District 2: Unlimited cartons; Service, has certified that this action William G. Gordon, (c) District 3: 63,000 cartons; will not have a significant economic (d) District 4: Unlimited cartons. Assistant Administrator for Fisheries, impact on a substantial number of small National Marine Fisheries Service. entities. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. For the reasons stated above, This regulation is issued under the 601-674) l§ 611.93 and 671.1(b) are corrected to marketing agreement, as amended, and Dated: November 8,1984. read as follows: Order No. 907, as amended (7 CFR Part Thomas R. Clark, PART 611-4 AMENDED] 907), regulating the handling of navel Deputy Director, Fruit and Vegetable oranges grown in Arizona and Division, Agricultural Marketing Service. L In § 611.93(a)(2), the words “Tanner designated part erf California. The [FR Doc. 54-29772 Filed 11-8-84; n:51 am] crab and“, “611.91 and” and ”, agreement and order are effective under BILLING CODE 5410-02-M