5542 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations effective competitive opportunities test deemed granted as of the 28th day recreational activities, mining, road in § 63.18(h)(6)(i) of this chapter has without any formal staff action being construction and maintenance, a flood been satisfied on the route covered by taken: provided control project, and other human the alternative settlement arrangement; (1) The petition is not formally impacts. Potential threats include or opposed within the meaning of herbicide application to control (ii) The effective competitive § 1.1202(e) of this chapter; and herbaceous and weedy taxa. This rule opportunities test in § 63.18(h)(6)(i) of (2) The International Bureau has not implements the Federal protection and this chapter is satisfied on the route notified the filing carrier that grant of recovery provisions afforded by the Act covered by the alternative settlement the petition may not serve the public for these species. arrangement; or interest and that implementation of the EFFECTIVE DATE: March 10, 1997. (iii) The alternative settlement proposed alternative settlement ADDRESSES: The complete file for this arrangement is otherwise in the public arrangement must await formal staff interest. rule is available for public inspection, action on the petition. If objections or by appointment, during normal business (2) A certification as to whether the comments are filed, the petitioning alternative settlement arrangement hours at the U.S. Fish and Wildlife carrier may file a response pursuant to Service, Sacramento Field Office, 3310 affects more than 25 percent of the § 1.45 of this chapter. Petitions that are outbound traffic or 25 percent of the El Camino Avenue, Suite 130, formally opposed must await formal Sacramento, California 95821±6340. inbound traffic on the route to which action by the International Bureau the alternative settlement arrangement before the proposed alternative FOR FURTHER INFORMATION CONTACT: applies. settlement arrangement may be Elizabeth Warne (see ADDRESSES (3) A certification as to whether the implemented. section) telephone 916/979±2120; parties to the alternative settlement facsimile 916/979±2128. arrangement are affiliated, as defined in [FR Doc. 97±2922 Filed 2±5±97; 8:45 am] § 63.18(h)(1)(i) of this chapter, or BILLING CODE 6712±01±P SUPPLEMENTARY INFORMATION: involved in a non-equity joint venture Background affecting the provision of basic services Pseudobahia bahiifolia (Hartweg's on the route to which the alternative DEPARTMENT OF THE INTERIOR settlement arrangement applies. golden sunburst) and Pseudobahia (4) A copy of the alternative Fish and Wildlife Service peirsonii (San Joaquin adobe sunburst) settlement arrangement if it affects more are endemic to the nonnative grassland than 25 percent of the outbound traffic 50 CFR Part 17 and grassland-blue oak woodland community ecotone of the southern or 25 percent of the inbound traffic on RIN 1018±AB88 the route to which the alternative Sacramento Valley and San Joaquin settlement arrangement applies, or if it Endangered and Threatened Wildlife Valley of California. These two valleys is between parties that are affiliated, as and Plants; Determination of comprise the Central Valley. The defined in § 63.18(h)(1)(i) of this Endangered Status for ``Pseudobahia prehistoric composition of the native chapter, or that are involved in a non- bahiifolia'' (Hartweg's golden grasslands and adjoining plant equity joint venture affecting the sunburst) and Threatened Status for communities likely will remain a provision of basic services on the route ``Pseudobahia peirsonii'' (San Joaquin mystery (Brown 1982), although to which the alternative settlement adobe sunburst), Two Grassland numerous authors have speculated as to arrangement applies. Plants From the Central Valley of the composition of the ``pristine'' flora (5) A summary of the terms and California of the Central Valley (Clements 1934, conditions of the alternative settlement Munz and Keck 1950, Biswell 1956, arrangement if it does not come within AGENCY: Fish and Wildlife Service, Twisselmann 1956, White 1967, the scope of paragraph (b)(4) of this Interior. McNaughton 1968, Bakker 1971, section. However, upon request by the ACTION: Final rule. Ornduff 1974, Heady 1977, Bartolome International Bureau, a full copy of such and Gremmill 1981, and Wester 1981). alternative settlement arrangement must SUMMARY: The Fish and Wildlife Service Nonnative annual grasses and forbs be forwarded promptly to the (Service) determines endangered status invaded the low elevation plant International Bureau. for Pseudobahia bahiifolia (Hartweg's communities of California during the (c) An alternative settlement golden sunburst) and threatened status days of the Franciscan missionaries in arrangement filed for approval under for Pseudobahia peirsonii (San Joaquin the 1700's. These nonnative grasses now this section cannot become effective adobe sunburst) pursuant to the account for up to 80 percent or more of until the petition for declaratory ruling Endangered Species Act of 1973, as the floral composition of the grasslands required by paragraph (a) of this section amended (Act). The two plants occur of California (Heady 1956). The has been granted under paragraph (e) of primarily in nonnative grasslands in the nonnative grasses have outcompeted the this section. eastern and southeastern portions of the native flora throughout much of (d) On the same day the petition for San Joaquin Valley, but also at a few California because these exotics declaratory ruling has been filed, the sites at the ecotone between grasslands germinate in late fall prior to the filing carrier must serve a copy of the dominated by nonnative species and germination of the native forbs, petition on all carriers providing the blue oak woodland communities. Both including the two sunflower species same or similar service with the foreign plants are threatened primarily by discussed herein, Pseudobahia administration identified in the petition. conversion of habitat to residential bahiifolia and Pseudobahia peirsonii. (e) All petitions for declaratory ruling development. To a lesser extent, the Each species, however, occurs in a shall be subject to a 21 day pleading species are variously threatened by distinctive microhabitat within the period for objections or comments, agriculture (ag-land development), larger matrix of nonnative annual commencing the day after the date of competition from nonnative plants, grassland. Pseudobahia bahiifolia public notice listing the petition as incompatible grazing practices, prefers the top of ``Mima'' mound accepted for filing. The petition will be transmission line maintenance, topography where the grass cover is Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations 5543 minimal (Stebbins 1991). Vernal pools, near Friant in Madera County and with white, wooly hairs. Its alternate an increasingly rare California landform, contains large quantities of pumice, leaves are twice divided into smaller are often interspersed with the Mima which is mined for use as an industrial divisions (bipinnatifid), triangular in mounds (Stebbins 1991). Pseudobahia binder and is used in making concrete outline, and 2 to 6 cm (1 to 3 in.) in peirsonii prefers heavy adobe clay soils blocks (Chesterman and Schmidt 1956). length. Flower heads, which appear in where the water retention properties are According to a status survey by John March or April, are solitary at the ends high. Stebbins (1991), Pseudobahia bahiifolia of the branches. The ray flowers are Karl Hartweg, a German botanist, first may have existed throughout the Central bright yellow and equal in number to collected Pseudobahia bahiifolia on Valley of California from Yuba County the subfloral bracts and about 3 Cordua's farm near the junction of the in the north to Fresno County in the millimeters (mm) (0.1 in.) long with Yuba and Feather Rivers in Yuba south, a range of approximately 322 many disk flowers; the pappus is absent. County, California in April of 1847. kilometers (km) (200 miles (mi)). The The dry fruits, called achenes, are black. George Bentham described the species plant presently occurs only in the Pseudobahia peirsonii is distinguished as Monolopia bahiaefolia in 1849. eastern San Joaquin Valley in from Pseudobahia heermani, the species Edward L. Greene placed the species in Stanislaus, Madera, and Fresno most similar in appearance, primarily the genus Eriophyllum in 1897. In 1915, Counties, a range of approximately 153 by its subfloral bracts, which are united Per Rydberg established the genus km (95 mi). One population occurs on only at the base versus united to half Pseudobahia on the basis of leaf and land owned and managed jointly by the their length in the latter species. floral morphology and formed the new Bureau of Reclamation and a private combination Pseudobahia bahiaefolia. owner; the remaining populations all Pseudobahia peirsonii occurs only on Dale Johnson (1978) recognized a occur on privately owned property heavy adobe clay soils over a range of spelling error in the specific epithet (California Natural Diversity Data Base approximately 193 km (120 mi) through bahiaefolia and used Pseudobahia (CNDDB) 1996). Fresno, Tulare, and Kern counties. One bahiifolia in his doctoral dissertation. Over 90 percent of all Pseudobahia population occurs on land owned and Pseudobahia bahiifolia, a member of bahiifolia plants