49006 Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations withdrawal of the direct final rule and D. Unfunded Mandates shall not postpone the effectiveness of inform the public that the rule will not Under Section 202 of the Unfunded such rule or action. This action may not take effect. All public comments Mandates Reform Act of 1995 be challenged later in proceedings to received will then be addressed in a (``Unfunded Mandates Act''), signed enforce its requirements. (See section subsequent final rule based on the into law on March 22, 1995, EPA must 307(b)(2).) proposed rule. The EPA will not prepare a budgetary impact statement to List of Subjects in 40 CFR Part 52 institute a second comment period. accompany any proposed or final rule Environmental protection, Air Only parties interested in commenting that includes a Federal mandate that should do so at this time. If no such pollution control, Hydrocarbons, may result in estimated costs to State, Incorporation by reference, comments are received, the public is local, or tribal governments in the advised that this rule will be effective Intergovernmental relations, Nitrogen aggregate; or to private sector, of $100 dioxide, Ozone. on November 13, 1998, and no further million or more. Under Section 205, action will be taken on the proposed EPA must select the most cost-effective Dated: August 24, 1998. rule. and least burdensome alternative that A. Stan Meiburg, III. Administrative Requirements achieves the objectives of the rule and Acting Regional Administrator, Region 4. is consistent with statutory Chapter I, title 40, Code of Federal A. Executive Order 12866 requirements. Section 203 requires EPA Regulations, is amended as follows: to establish a plan for informing and The Office of Management and Budget PART 52Ð[AMENDED] (OMB) has exempted this regulatory advising any small governments that action from review under Executive may be significantly or uniquely 1. The authority citation for part 52 Order 12866, entitled Regulatory impacted by the rule. continues to read as follows: Planning and Review. EPA has determined that the approval action promulgated does not include a Authority: 42 U.S.C. 7401 et seq. B. Executive Order 13045 Federal mandate that may result in Subpart BÐAlabama estimated costs of $100 million or more This final rule is not subject to to either State, local, or tribal 2. Section 52.50 is amended by Executive Order 13045, entitled governments in the aggregate, or to the adding paragraph (c)(72) read as Protection of Children from private sector. This Federal action follows: Environmental Health Risks and Safety approves pre-existing requirements § 52.50 Identification of plan. Risks, because it is not an under State or local law, and imposes ``economically significant'' action under no new requirements. Accordingly, no * * * * * Executive Order 12866. (c) * * * additional costs to State, local, or tribal (72) The State of Alabama submitted C. Regulatory Flexibility governments, or to the private sector, revisions to the ADEM Administrative result from this action. The Regulatory Flexibility Act (RFA) Code for the Air Pollution Control generally requires an agency to conduct E. Submission to Congress and the Program on March 5, 1998. These a regulatory flexibility analysis of any Comptroller General revisions involve changes to Chapters 335±3±1, 335±3±12, 335±3±14 and rule subject to notice and comment The Congressional Review Act, 5 rulemaking requirements unless the Appendix F. U.S.C. 801 et seq., as added by the Small (i) Incorporation by reference. Rules agency certifies that the rule will not Business Regulatory Enforcement 335±3±1±.02(gggg), 335±3±12±.02(1)(b), have a significant economic impact on Fairness Act of 1996, generally provides 335±3±14±.01(7)(c), 335±3±14± a substantial number of small entities. that before a rule may take effect, the .05(2)(c)2, 335±3±14±.05(3)(c), and Small entities include small businesses, agency promulgating the rule must Appendix F were adopted on February small not-for-profit enterprises, and submit a rule report, which includes a 17, 1998. small governmental jurisdictions. This copy of the rule, to each House of the (ii) Other material. None. final rule will not have a significant Congress and to the Comptroller General impact on a substantial number of small of the United States. EPA will submit a [FR Doc. 98±24605 Filed 9±11±98; 8:45 am] entities because SIP approvals under report containing this rule and other BILLING CODE 6560±50±P section 110 and subchapter I, part D of required information to the U.S. Senate, the CAA do not create any new the U.S. House of Representatives, and requirements but simply approve the Comptroller General of the United DEPARTMENT OF THE INTERIOR requirements that the State is already States prior to publication of the rule in imposing. Therefore, because the the Federal Register. This rule is not a Fish and Wildlife Service Federal SIP approval does not create ``major rule'' as defined by 5 U.S.C. 50 CFR Part 17 any new requirements, I certify that this 804(2). action will not have a significant RIN 1018±AD34 economic impact on a substantial F. Petitions for Judicial Review number of small entities. Moreover, due Under section 307(b)(1) of the CAA, Endangered and Threatened Wildlife to the nature of the Federal-State petitions for judicial review of this and Plants; Final Rule To Determine relationship under the CAA, preparation action must be filed in the United States Endangered or Threatened Status for of flexibility analysis would constitute Court of Appeals for the appropriate Six Plants From the Mountains of Federal inquiry into the economic circuit by November 13, 1998. Filing a Southern California reasonableness of state action. The CAA petition for reconsideration by the AGENCY: Fish and Wildlife Service, forbids EPA to base its actions Administrator of this final rule does not Interior. concerning SIPs on such grounds. affect the finality of this rule for the ACTION: Final rule. Union Electric Co., v. U.S. EPA, 427 purposes of judicial review, nor does it U.S. 246, 255±66 (1976); 42 U.S.C. extend the time within which a petition SUMMARY: The Fish and Wildlife Service 7410(a)(2). for judicial review may be filed, and (Service) determines endangered status Federal Register / Vol. 63, No. 177 / Monday, September 14, 1998 / Rules and Regulations 49007 pursuant to the Endangered Species Act 1,800 and 2,300 meters (m) (6,000 and Discussion of the Six Plant Taxa of 1973, as amended (Act), for two 7,500 feet (ft)). Pebble plains are Arenaria ursina plants, Poa atropurpurea (San remnants of a Pleistocene lake bed, Bernardino bluegrass) and Taraxacum which are level to sloping plains with Arenaria ursina, a member of the pink californicum (California taraxacum), clay soils covered with quartzite pebbles family (Caryophyllaceae), was described and determines threatened status for (Derby 1979, Krantz 1983). Frost by Benjamin L. Robinson (1894) on the basis of a collection made in 1882 by four plants, Arenaria ursina (Bear heaving and alternating wet and dry Samuel B. Parish at Bear Valley in the Valley sandwort), Castilleja cinerea cycles force associated saragosa (ash-gray Indian paintbrush), Eriogonum San Bernardino Mountains, California. quartzite pebbles to the soil surface to This taxon was reduced to a variety of kennedyi var. austromontanum create the characteristic appearance of (southern mountain wild buckwheat), A. capillaris by Robinson (1897) but the pebble plains (Neel and Barrows and Trichostema austromontanum ssp. Maguire (1951) and subsequent authors 1990). These soils have an extremely compactum (Hidden Lake bluecurls). (Munz and Keck 1959, Munz 1974, These six plant taxa are found in the slow infiltration rate and, thus, have a Hartman 1993) treat it as a species. San Bernardino, San Jacinto, Laguna, high runoff potential (Neel and Barrows Arenaria ursina is a low, tufted, and Palomar mountains of southern 1990). Pebble plains are the result of a perennial herb with stems from 6 to 15 California. They are imperiled by one or combination of soil and climatic factors centimeters (cm) (2 to 6 inches (in)) more of the following factorsÐ that support a unique assemblage of long. The leaves are opposite, 4 to12 destruction and degradation of habitat plant species, some of which are millimeters (mm) (0.16 to 0.5 in) long. by urbanization, off-road vehicle (ORV) endemic while others represent disjunct The white, five-parted flowers are use, trampling, recreational occurrences of species more common arranged in open cymes (clusters) 4 to development, domestic animal grazing, elsewhere. Neel and Barrows (1990) 15 cm (1.5 to 6 in) high. The petals are livestock grazing, alteration of the noted that pebble plains often are 4 to 5 mm (0.16 to 0.2 in) long, the hydrological regimes, competition from associated with meadow habitats in the sepals are up to 4 mm (0.16 in) long in introduced plants, over collection, and Big Bear Lake area. Natural meadows fruit. This species flowers from May to hybridization (genetic absorption) by and pebble plains provide habitat for August. Arenaria ursina is alien species. This rule implements the several sensitive taxa (Krantz 1981b). distinguished from other members of Federal protection and recovery the genus within its range by its The pebble plain taxa included in this glabrous (hairless), filiform (thread-like), provisions afforded by the Act for these final rule are predominantly restricted six plants. A notice of withdrawal of the nerveless leaves less than 2 mm (0.08 to pebble plain habitat. Each of these proposal to list Arabis johnstonii in) wide and its rounded, 3 to 4 mm taxa has a mosaic distribution among (Johnston's rock-cress), which was (0.12 to 0.16 in) long sepals (Hartman proposed for listing along with the six the various pebble plain complexes and 1993).