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Masticophis Lateralis Euryxanthus) Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations 58933 EFFECTIVE DATE: October 1, 2000. PART 1837ÐSERVICE CONTRACTING Alameda whipsnakes range from 91 to FOR FURTHER INFORMATION CONTACT: 122 centimeters (3 to 4 feet) in length. James H. Dolvin, NASA Headquarters, 2. Subpart 1837.70 is removed. The dorsal surface is sooty black in Office of Procurement, Contract [FR Doc. 00±25249 Filed 10±2±00; 8:45 am] color with a distinct yellow-orange Management Division (Code HK), BILLING CODE 7510±01±M stripe down each side. The forward Washington, DC 20546. (202) 358±1279, portion of the bottom surface is orange- email: [email protected]. rufous colored, the midsection is cream colored, and the rear portion and tail are SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE INTERIOR pinkish. The adult Alameda whipsnake A. Background Fish and Wildlife Service virtually lacks black spotting on the In 1991, Subpart 1837.70, Acquisition bottom surface of the head and neck. of Training, was added to the NFS. 50 CFR Part 17 Juveniles may show very sparse or weak black spots. Another common name for Section 1837.7000, Acquisition of off- RIN 1018±AF98 the-shelf training courses, provided that the Alameda whipsnake is the ``Alameda striped racer'' (Riemer 1954, the Government Employees Training Endangered and Threatened Wildlife Act of 1958, 5 U.S.C. 4101 et seq., could Jennings 1983, Stebbins 1985). and Plants; Final Determination of The Alameda whipsnake is one of two be used as the authority for acquisition Critical Habitat for the Alameda subspecies of the California whipsnake of ``non-Governmental off-the-shelf Whipsnake (Masticophis lateralis (Masticophis lateralis). The chaparral training courses which are available to euryxanthus) whipsnake (Masticophis lateralis the public.'' Subpart 1837.7001, lateralis) is distributed from northern Acquisition of new training courses, AGENCY: Fish and Wildlife Service, California, west of the Sierran crest and provided that acquisition of new Interior. desert, to central Baja California. The ACTION: Final rule. training courses ``developed to fill a Alameda whipsnake is restricted to a specific NASA need'' must be SUMMARY: We, the U.S. Fish and small portion of this range, primarily conducted in accordance with the FAR. Wildlife Service (Service), designate the inner Coast Range in western and This subpart is being removed because critical habitat under the Endangered central Contra Costa and Alameda it has caused confusion within NASA Species Act of 1973, as amended (Act), Counties. about the relevance of the FAR to for the Alameda whipsnake The distribution in California, of both training service procurement. subspecies, coincides closely with A proposed rule was published in the (Masticophis lateralis euryxanthus). A total of approximately 164,150 hectares chaparral (Jennings 1983, Stebbins Federal Register at 65 FR 43730, dated 1985). Recent telemetry data indicate July 14, 2000. No comments were (406,598 acres) of land fall within the boundaries of designated critical that, although home ranges of Alameda received, and this final rule adopts the whipsnakes are centered on shrub proposed rule without change. habitat. Critical habitat for the Alameda whipsnake is located in Contra Costa, communities, whipsnakes frequently B. Regulatory Flexibility Act Alameda, San Joaquin, and Santa Clara venture into adjacent habitats, including grassland, oak savanna, and NASA certifies that this rule will not counties, California. Section 7 of the Act requires Federal agencies to ensure that occasionally oak-bay woodland. Most have a significant economic impact on telemetry locations are within 50 meters a substantial number of small business actions they authorize, fund, or carry out are not likely to destroy or adversely (m) (170 feet (ft)) of scrub habitat, but entities within the meaning of the distances of greater than 150 m (500 ft) Regulatory Flexibility Act (5 U.S.C. 601 modify designated critical habitat. As required by section 4 of the Act, we occur (Swaim 1994). Initial data et seq.) because the deletion of this indicate that adjacent habitats may play subpart will not alter the manner in considered economic and other relevant impacts prior to making a final decision a crucial role in certain life history and which NASA is required to acquire physiological needs of the Alameda training. on the size and configuration of critical habitat. whipsnake, but the full extent has yet to be determined. Telemetry data indicate C. Paperwork Reduction Act EFFECTIVE DATE: This final rule is that whipsnakes remain in grasslands The Paperwork Reduction Act does effective November 2, 2000. for periods ranging from a few hours to not apply because the changes to the ADDRESSES: The complete several weeks at a time. Grassland NFS do not impose recordkeeping or administrative record for this rule is on habitats are used by male whipsnakes information collection requirements, or file at the U.S. Fish and Wildlife most extensively during the mating collections of information from offerors, Service, Sacramento Fish and Wildlife season in spring. Female whipsnakes contractors, or members of the public Office, 2800 Cottage Way, Suite W± use grassland areas most extensively which require the approval of the Office 2605, Sacramento, California 95825. The after mating, possibly in their search for of Management and Budget under 44 complete file for this rule is available for suitable egg-laying sites (Swaim 1994). U.S.C. 3501, et seq. public inspection, by appointment, Rock outcrops can be an important List of Subjects in 48 CFR Part 1837 during normal business hours at the feature of Alameda whipsnake habitat above address. because they provide retreat Government Procurement FOR FURTHER INFORMATION CONTACT: opportunities for whipsnakes and Anne Guenther, Jason Davis or Heather Bell, at the above support lizard populations. Lizards, Acting Associate Administrator for address (telephone 916/414±6600, especially the western fence lizard Procurement. facsimile 916/414±6713). (Sceloporus occidentalis), appear to be SUPPLEMENTARY INFORMATION: the most important prey item of Accordingly, 48 CFR Part 1837 is whipsnakes (Stebbins 1985; Swaim proposed to be amended as follows: Background 1994; Harry Green, Museum of 1. The authority citation for 48 CFR The Alameda whipsnake is a slender, Vertebrate Zoology, U.C. Berkeley, pers. Part 1837 continues to read as follows: fast-moving, diurnal snake with a broad comm. 1998), although other prey items Authority: 42 U.S.C. 2473(c)(1) head, large eyes, and slender neck. are taken, including skinks, frogs, VerDate 11<MAY>2000 17:36 Oct 02, 2000 Jkt 194001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\03OCR1.SGM pfrm04 PsN: 03OCR1 58934 Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations snakes, and birds (Stebbins 1985, hibernaculum, where mating occurs. toad (Bufo microscaphus californicus), Swaim 1994). Most radio telemetry Suspected egg-laying sites for two the San Bernardino kangaroo rat locations for whipsnakes were within females were located in grassland with (Dipodomys merriami parvus), the the distribution of major rock scattered shrub habitat. Male home spectacled eider (Somateria fischeri), outcroppings and talus (a sloping mass ranges of 1.9 to 8.7 hectares (ha) (4.7 to and the Steller's eider (Polysticta of rock debris at the base of a cliff) 21.5 acres (ac)) (mean of 5.5 ha or 13.6 stelleri) (Southwest Center for Biological (Swaim 1994). ac) were recorded, and showed a high Diversity v. U.S. Fish and Wildlife, CIV Alameda whipsnakes have been degree of spatial overlap. Several 99±1003 MMC). found in association with a variety of individual snakes monitored for nearly On November 5, 1999, William Alsup, shrub communities including diablan an entire activity season appeared to U.S. District Judge, dismissed the sage scrub, coyote bush scrub, and maintain a stable home range. plaintiffs' lawsuit under a settlement chamise chaparral (Swaim 1994), also Movements of these individuals were agreement entered into by the parties. classified as coastal scrub, mixed multi-directional, and individual snakes On March 8, 2000, (65 FR 12155) we chaparral, and chamise-redshank returned to specific areas and retreat proposed the designation of 7 areas chaparral (Mayer and Laudenslayer sites after long intervals of non-use. within Alameda, Contra Costa, San 1988). However, the type of vegetation Snakes had one or more core areas Joaquin, and Santa Clara Counties as may have less to do with preference by within their home range, while large critical habitat for the Alameda the whipsnake than the extent of the areas of the home range received little whipsnake. canopy, slope exposure, the availability use (Swaim 1994). Critical Habitat of retreats such as rock outcrops and rodent burrows, and prey species Previous Federal Action Critical habitat is defined in section 3 composition and abundance (Swaim The September 18, 1985, Notice of of the Act asÐ(i) the specific areas 1994; K. Swaim, Swaim Biological Review (50 FR 37958) included the within the geographic area occupied by Consulting, pers. comm. 1999). Alameda Alameda whipsnake as a category 2 a species, at the time it is listed under whipsnakes have been sighted or found candidate species for possible future the Act, on which are found those dead a significant distance from the listing as endangered or threatened. physical or biological features (I) nearest shrub community (K. Swaim, Category 2 candidates were those taxa essential to the conservation of the pers. comm. 1999). The reasons for such for which listing as threatened or species and (II) that may require special movements are unknown. endangered might be warranted, but for management consideration or Initial studies indicated that Alameda which adequate data on biological protection; and (ii) specific areas whipsnakes occurred where the canopy vulnerability and threats were not outside the geographic area occupied by was open (less than 75 percent of the available to support issuance of listing a species at the time it is listed, upon total area within the scrub or chaparral proposals.
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