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 San Francisco 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 California and the narrow Enforcement Fairness Act of 1996 and Plants; 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 plantsÐCirsium 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 ``MaineÐOzone'', 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 (Asteraceae). 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 Federal Register / Vol. 62, No. 224 / Thursday, November 20, 1997 / Rules and Regulations 61917 reduced to narrow strips with strongly (Heller 1907). Tsan-Iang Chuang and still existed. Nine sites are presumed to spine-toothed margins. Pale lavender- Larry Heckard (1973) treated still exist (California Natural Diversity rose flower heads, 2.0 to 2.5 centimeters Cordylanthus mollis and Cordylanthus Data Base (CNDDB) 1996; Jake Ruygt, (cm) (1 inch (in.)) long, occur singly or hispidus as subspecies of a single California Native Plant Society (CNPS), in loose groups. The bracts of the flower species (Cordylanthus mollis) with in litt. 1996). The type locality at Mare heads have a distinct green, glutinous Cordylanthus mollis ssp. mollis Island for Cordylanthus mollis ssp. ridge on the back that distinguishes recognized as the autonym. mollis was destroyed by development Cirsium hydrophilum var. hydrophilum Cordylanthus mollis ssp. mollis is an and is now a dredge disposal site from other Cirsium species in the area. annual herb of the snapdragon family (CNDDB 1994). A second occurrence, Cirsium hydrophilum var. hydrophilum (Scrophulariaceae) that grows 25 to 40 last seen in 1981 near Martinez in flowers between July and September. cm (10 to 16 in.) tall. It is sparingly Contra Costa and Solano Counties, was Cirsium hydrophilum var. branched from the middle and above. dredged, filled, diked, and is now a hydrophilum is restricted to Suisun Cordylanthus mollis ssp. mollis is a marina (Stromberg 1986, CNDDB 1994). Marsh in Solano County. In 1975, the hemiparasite (i.e., partially parasitic) The remaining nine occurrences are plant was reported as possibly extinct that extracts water and nutrients by widely scattered throughout coastal salt because it had not been collected for attaching enlarged root structures to the or brackish tidal marshes fringing San about 15 years. Extensive surveys found roots of other plants (Chuang and Pablo and Suisun Bays, in Contra Costa, the thistle at two locations within Heckard 1971). The foliage is grayish- Napa, and Solano Counties (CNDDB Suisun Marsh (Brenda Grewell, green (often tinged a deep red) and 1994; Brenda Grewell, in litt. 1993; Jake California Department of Water hairy. The oblong to lance-shaped Ruygt, in. litt. 1996). Three sites, Pt. Resources (CDWR), pers. comm. 1993), leaves are 1.0 to 2.5 cm (0.4 to 1.0 in.) Pinole, Rush Ranch, and Joice Island however, unoccupied suitable habitat long, the lower leaves entire and the Bridge, have very limited habitat and for Cirsium hydrophilum var. upper with one to three pairs of leaf cover less than 0.4 ha (1 acre) each. The hydrophilum exists outside these sites lobes. The inflorescence consists of population at Fagan Slough covers in the upper reaches of tidal marshes in spikes 5 to 15 cm (2 to 6 in.) long. A approximately 1.2 ha (3 acres). The two Solano County. Collectively, the floral bract with two to three pairs of largest populations are located at Hill occurrences of Cirsium hydrophilum lobes occurs immediately below each Slough and at Concord Naval Weapons var. hydrophilum total a few thousand inconspicuous white or yellowish-white Station, each covering approximately 4 individuals (Brenda Grewell, pers. flower. The flowers have only two ha (10 acres). The entire distribution of comm. 1993) occupying a total area of functional stamens. The narrow ovoid Cordylanthus mollis ssp. mollis less than 1 acre. Cirsium hydrophilum seed capsule is 6 to 10 millimeters (mm) currently is restricted to about 12 ha (31 var. hydrophilum grows in the upper (0.2 to 0.4 in.) long and bears 20 to 30 acres) of occupied habitat (Jake Ruygt, reaches of tidal marshes associated with dark brown seeds. Flowering occurs 1994 and in litt. 1996). The total number Typha angustifolia (narrow-leaf cattail), between July and September. of individuals reported among Scirpus americanus (Olney's bulrush), Cordylanthus mollis ssp.