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12-Month Finding on a Petition to List Sclerocactus Brevispinus

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Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Proposed Rules 53211 provide Congress, through OMB, pollution, Reporting and recordkeeping with the best available scientific explanations when the Agency decides requirements, Research, Vessels, information, we propose to recognize not to use available and applicable Warranties. the three distinct species: S. voluntary consensus standards. brevispinus, S. glaucus, and S. 40 CFR Part 1039 This proposed rulemaking does not wetlandicus. Because each of these three involve technical standards. Therefore, Environmental protection, species constitute the S. glaucus EPA is not considering the use of any Administrative practice and procedure, complex, we consider all three species voluntary consensus standards. Air pollution control, Confidential to be threatened under the Act. In business information, Imports, Labeling, J. Executive Order 12898: Federal addition, we propose common names Penalties, Reporting and recordkeeping Actions To Address Environmental for S. glaucus and S. wetlandicus. requirements, Warranties. Justice in Minority Populations and DATES: The finding announced in this Low-Income Populations Dated: September 6, 2007. document was made on September 18, 2007. We will accept comments on the Executive Order (EO) 12898 (59 FR Stephen L. Johnson, proposed taxonomic change from all 7629 (Feb. 16, 1994)) establishes federal Administrator. interested parties until November 19, executive policy on environmental [FR Doc. E7–18163 Filed 9–17–07; 8:45 am] 2007. justice. Its main provision directs BILLING CODE 6560–50–P federal agencies, to the greatest extent ADDRESSES: Comments on Proposed practicable and permitted by law, to Taxonomic Change: If you wish to make environmental justice part of their DEPARTMENT OF THE INTERIOR comment on the proposed rule to revise mission by identifying and addressing, the taxonomy of S. glaucus, you may as appropriate, disproportionately high Fish and Wildlife Service submit your comments and materials by and adverse human health or any one of several methods: environmental effects of their programs, 50 CFR Part 17 1. By mail or hand-delivery to: Larry policies, and activities on minority England, Utah Field Office, U.S. Fish Endangered and Threatened Wildlife populations and low-income and Wildlife Service, 2369 W. Orton and Plants; 12-month Finding on a populations in the United States. Circle, Suite 50, West Valley City, UT EPA has determined that this Petition To List Sclerocactus 84119. proposed rule will not have brevispinus (Pariette cactus) as an 2. By electronic mail (e-mail) to: disproportionately high and adverse Endangered or Threatened Species; [email protected]. Please see human health or environmental effects Taxonomic Change From Sclerocactus the Public Comments Solicited section on minority or low-income populations glaucus to Sclerocactus brevispinus, for other information about electronic because it does not affect the level of S. glaucus, and S. wetlandicus filing. protection provided to human health or AGENCY: Fish and Wildlife Service, 3. By fax to: the attention of Larry the environment. The technical Interior. England at 801–975–3331. 4. By the Federal eRulemaking Portal amendments on this rule do not relax ACTION: Notice of 12-month petition at: http://www.regulations.gov. Follow the control measures on sources finding and proposed rule. regulated by the rule and therefore will the instructions for submitting not cause emissions increases from SUMMARY: We, the U.S. Fish and comments. these sources. The technical relief for Wildlife Service (Service), announce a Supporting Documents for 12-Month the Tier 3 timeframe seeks to 12-month finding on a petition to list Finding: Supporting documents for this compensate for any emissions impact by Sclerocactus brevispinus (Pariette finding are available for public encouraging earlier use of Tier 4 engines cactus) as an endangered or threatened inspection, by appointment, during requiring the equipment manufacturer species under the Endangered Species normal business hours at the Utah Field to give up specific Tier 4 flexibilities. Act of 1973, as amended (Act). We also Office, U.S. Fish and Wildlife Service, 2369 W. Orton Circle, Suite 50, West K. Statutory Authority propose to change the taxonomy of the currently threatened Sclerocactus Valley City, UT 84119. The petition The statutory authority for this action glaucus ‘‘complex’’ to three distinct finding, related Federal Register comes from section 202 of the Clean Air species: Sclerocactus brevispinus, S. notices, the Court Order, and other Act as amended (42 U.S.C. 7521). This glaucus, and S. wetlandicus. Because pertinent information may be obtained action is a rulemaking subject to the these species make up what was on the Internet at http://www.fws.gov/ provisions of Clean Air Act section formerly the ‘‘complex’’, each will mountain-prairie/species/plants/ 307(d). See 42 U.S.C. 7607(d). maintain its status of being listed as Pariettecactus/. We ask the public to submit any new data or information List of Subjects threatened. After review of all available scientific concerning the status of or threats to 40 CFR Part 9 and commercial information, we find Sclerocactus brevispinus to us at the Environmental protection, that reclassifying S. brevispinus as above address. This information will Administrative practice and procedure, endangered is warranted but precluded help us monitor and encourage the Confidential business information, by higher priority actions to amend the ongoing conservation of this species, Imports, Labeling, Motor vehicle Lists of Endangered and Threatened and formulate a future proposed listing pollution, Reporting and recordkeeping Wildlife and Plants. However, S. rule, should one be necessary. requirements, Research, Vessels, brevispinus is currently listed as FOR FURTHER INFORMATION CONTACT: Warranties. threatened as part of the S. glaucus Larry England, Utah Field Office (see (Uinta Basin hookless cactus) complex. ADDRESSES) (telephone 801–975–3330; 40 CFR Part 89 We further propose to revise the facsimile at 801–975–3331). Persons Environmental protection, taxonomy of S. glaucus (Uinta Basin who use a telecommunications device Administrative practice and procedure, hookless cactus) (previously considered for the deaf (TDD) may call the Federal Confidential business information, a ‘‘complex’’), which is currently listed Information Relay Service (FIRS) at Imports, Labeling, Motor vehicle as a threatened species. In accordance 800–877–8339. VerDate Aug<31>2005 19:43 Sep 17, 2007 Jkt 211001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 rwilkins on PROD1PC63 with PROPOSALS 53212 Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Proposed Rules SUPPLEMENTARY INFORMATION: used in preparing this proposed rule, previously termed Uinta Basin hookless will be available for public inspection, cactus complex in Utah (in the Uinta Background by appointment, during normal business Basin proper). It is considered a separate This document consists of: (1) A hours at the Utah Field Office, U.S. Fish population. As described above, we proposed rule to change the taxonomy and Wildlife Service, 2369 W. Orton believe that the common name ‘‘Uinta of the currently threatened Sclerocactus Circle, Suite 50, West Valley City, UT Basin hookless cactus’’ is more glaucus ‘‘complex’’ to three distinct 84119 (telephone 801–975–3330). appropriate for this species, and species: Sclerocactus brevispinus, S. Taxonomic Classification propose to adopt that common name. glaucus, and S. wetlandicus, each of Sclerocactus brevispinus (Pariette which will continue to be listed as The original listing rule (44 FR 58868, cactus) is a morphologically unique threatened; and (2) a 12-month finding October 11, 1979) included all hookless Sclerocactus population occurring only on a petition to list Sclerocactus (straight central spines) Sclerocactus in the Pariette Draw in the central Uinta brevispinus (Pariette cactus) as an populations at the extreme periphery of Basin in Utah. This cactus is much endangered or threatened species under the Sclerocactus genus’ distribution in smaller than either S. wetlandicus or S. the Endangered Species Act of 1973, as western Colorado and northeastern glaucus, and retains the vegetative amended (Act) (16 U.S.C. 1531 et seq.). Utah, and referred to them as characteristics of juvenile S. For the sake of convenience, we present Sclerocactus glaucus per L. Benson wetlandicus individuals in adult the proposed taxonomic change first, (1966, pp. 50–57; 1982, pp. 728–729). flowering plants. At the time of the followed by the 12-month finding. This taxonomic classification is no species listing in 1979, these smaller- longer supported by results of genetic Proposed Rule for Taxonomic Change statured individuals were thought to and morphological research. The represent an ecotypic variation of S. From Sclerocactus glaucus to separation of Sclerocactus glaucus into glaucus. This unique cactus from Sclerocactus brevispinus, S. three species (S. glaucus, S. Pariette Draw has been variously named glaucus, and S. wetlandicus wetlandicus, and S. brevispinus) is S. wetlandicus var. ilseae (Hochstatter reinforced by recent genetic studies Public Comments Solicited 1993, pp. 95–97), S. brevispinus (Heil (Porter et al. 2000, pp. 14, 16; Porter et and Porter 1994, p. 26), and S. whipplei We intend that any final action al. 2006, pp. 6, 7, 10), common garden
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