61916 Federal Register / Vol. 62, No. 224 / Thursday, November 20, 1997 / Rules and Regulations requirements, as described above, it is DEPARTMENT OF THE INTERIOR reduced. Approximately 15 percent, or not subject to RFA. 12,142 hectares (ha) (30,000 acres), of Fish and Wildlife Service the historical tidal marshland habitat G. Submission to Congress and the within the Bay area General Accounting Office 50 CFR Part 17 remains (Dedrick 1989). With the exception of the San Under 5 U.S.C. 801(a)(1)(A), added by RIN 1018±AD14 Francisco Bay area, the mountainous the Small Business Regulatory Endangered and Threatened Wildlife coast of and the narrow Enforcement Fairness Act of 1996 and ; Determination of continental shelf provide few areas that (SBREFA), EPA submitted, by the date Endangered Status for Two Tidal are suitable for tidal marsh development of publication of this rule, a report Marsh PlantsÐCirsium hydrophilum (MacDonald 1990). Coastal salt marshes containing this rule and other required var. hydrophilum (Suisun Thistle) and are found along sheltered margins of information to the U.S. Senate, the U.S. Cordylanthus mollis ssp. mollis (Soft shallow bays, estuaries, or lagoons, in House of Representatives and the Bird's-Beak) From the San Francisco low lying areas that are subject to Comptroller General of the General Bay Area of California periodic inundation by salt water. Accounting Office. This rule is not a Brackish marshes occur at the interior ‘‘major rule’’ as defined by 5 U.S.C. AGENCY: Fish and Wildlife Service, margins of coastal bays, estuaries, or 804(2), as amended. Interior. lagoons where fresh water sources ACTION: Final rule. (streams and rivers) enter salt marshes. H. Paperwork Reduction Act Brackish marshes are similar to salt SUMMARY: The U.S. Fish and Wildlife marshes but differ in the degree of water This rule does not contain any Service (Service) determines information collection requirements and soil salinity. Brackish marshes are endangered status pursuant to the less saline than salt marshes. Salinity which require OMB approval under the Endangered Species Act of 1973, as levels vary with time, tides, and the Paperwork Reduction Act (44 U.S.C. amended (Act), for two plants— amount of freshwater inflow. Vegetation 3501 et seq.) hydrophilum var. hydrophilum (Suisun communities in salt and brackish thistle) and Cordylanthus mollis ssp. I. Judicial Review marshes often occur in distinct zones, mollis (soft bird’s-beak). These species depending on the frequency and length Under CAA section 307(b)(1), a are restricted to salt and brackish tidal of tidal flooding. Cirsium hydrophilum petition to review today’s action may be marshes within the San Francisco Bay var. hydrophilum and Cordylanthus filed in the Court of Appeals for the area in northern California. Habitat mollis ssp. mollis are restricted to a District of Columbia within 60 days of conversion, water pollution, changes in narrow tidal band, typically in higher November 20, 1997. salinity, indirect effects of urbanization, elevational zones within larger tidal mosquito abatement activities marshes that have fully developed tidal Dated: November 14, 1997. (including off-road vehicle use), channel networks. These plants usually Carol M. Browner, competition with non-native vegetation, do not occur in smaller fringe tidal Administrator. insect predation, erosion, and other marshes that are generally less than 100 [FR Doc. 97–30520 Filed 11–19–97; 8:45 am] human-caused actions threaten these meters (m) (300 feet (ft)) in width, or in BILLING CODE 6560±50±P two species. This rule implements the non-tidal areas. Federal protection and recovery provisions afforded by the Act for these Discussion of the Two Species ENVIRONMENTAL PROTECTION plants. Asa Gray (1888) originally described AGENCY EFFECTIVE DATE: December 22, 1997. Cirsium hydrophilum var. hydrophilum as Cnicus breweri var. vaseyi. ADDRESSES: The complete file for this 40 CFR Part 81 rule is available for inspection, by Subsequent authors treated the taxon as appointment, during normal business Carduus hydrophilus (Greene 1892), Clean Air Act Promulgation of hours at the U.S. Fish and Wildlife Cirsium hydrophilum (Jepson 1901), and Cirsium vaseyi var. hydrophilum Extension of Attainment Date for the Service, Sacramento Fish and Wildlife (Jepson 1925). John Thomas Howell Portland, Maine, Moderate Ozone Office, 3310 El Camino, Suite 130, (1959) concluded that Jepson’s Cirsium Nonattainment Area Sacramento, California 95821–6340. hydrophilum and Cirsium vaseyi of the CFR Correction FOR FURTHER INFORMATION CONTACT: Mt. Tamalpais area in Marin County, Kirsten Tarp (telephone 916/979–2120) California are varieties of a single In Title 40 of the Code of Federal and Matthew D. Vandenberg (telephone species, Cirsium hydrophilum. Regulations, parts 81 to 85, revised as of 916/979–2752), staff biologists at the According to the rules for botanical July 1, 1997, make the following Sacramento Fish and Wildlife Office nomenclature, when a new variety is correction: (see ADDRESSES section); FAX 916/979– described in a species not previously 2723. divided into intraspecific taxa, an On page 180, in § 81.320, in the table SUPPLEMENTARY INFORMATION: autonym (automatically created name) under the heading ‘‘Maine—Ozone’’, is designated. In this case, the autonym Background footnote 2 is corrected to read is Cirsium hydrophilum var. ‘‘Attainment date extended to November Cirsium hydrophilum var. hydrophilum. 15, 1997.’’. hydrophilum (Suisun thistle) and Cirsium hydrophilum var. BILLING CODE 1505±01±D Cordylanthus mollis ssp. mollis (soft hydrophilum is a perennial herb in the bird’s-beak) occur in salt and brackish aster family (). Slender, erect tidal marshes fringing San Pablo and stems 1.0 to 1.5 m (3.0 to 4.5 ft) tall are Suisun Bays in the San Francisco Bay well branched above. The spiny leaves area of northern California. Since 1850, are deeply lobed. The lower leaves have this habitat has been drastically ear-like basal lobes; the upper leaves are