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47112 Federal Register / Vol. 74, No.

177 / Tuesday, September 15, 2009 / Rules and Regulations

contractor in writing to retain all or part of disposal purposes up to six (6) months prior 1552.245–72 and 1552.245–73 [Removed]
the excess Government Property under the to contract completion. If such an inventory
current contract for possible future schedule is prepared, the contractor must
■ 6. Remove sections 1552.245–72 and
requirements. indicate the earliest date that each item may 1552.245–73.
(ii) Return to EPA. When Government be disposed. The contractor shall update all [FR Doc. E9–22038 Filed 9–14–09; 8:45 am]
property is identified as excess, the CO may property records to show disposal action. BILLING CODE 6560–50–P
direct the contractor in writing to return The contractor shall notify the CO, and, if
those items to EPA inventory. The contractor delegated, the DCMA PA, in writing, when
shall ship/deliver the property in accordance all work has been completed under the
with the instructions provided by the CO. contract and all Government property DEPARTMENT OF TRANSPORTATION
(iii) Transfer. When Government property accountable to the contract has been
is identified as excess, the CO may direct the disposed. The contractor shall complete a Federal Motor Carrier Safety
contractor in writing to transfer the property FINAL EPA Property report with all Administration
to another EPA contractor. The contractor supporting documentation to the CPC.
shall transfer the property by shipping it in
Attachment 1 49 CFR Part 393
accordance with the instructions provided by
the CO. To effect transfer of accountability, Required Data Element—In addition to the Parts and Accessories Necessary for
the contractor shall provide the recipient of requirements of FAR 52.245–1(f)(vi), Reports
the property with the applicable data of Government Property, the contractor is
Safe Operation; Lamps and Reflective
elements set forth in Attachment 1 of this required to maintain, and report the Devices
clause. following data elements for EPA Government
(iv) Sale. If GSA or the DCMA PLCO
CFR Correction
property (all elements are not applicable to
conducts a sale of the excess Government material): Name and address of the In Title 49 of the Code of Federal
property, the contractor shall allow administrative Contracting Officer; Name of Regulations, Parts 300 to 399, revised as
prospective bidders access to property the contractor representative; Business type; of October 1, 2008, in § 393.11, on page
offered for sale. Name and address of the contract property 375, remove paragraph (d) and on page
(v) Abandonment. Abandoned property coordinator; Superfund (Yes/No); No. of
must be disposed of in a manner that does
377, revise the heading of Table 1 to
Subcontractor/Alternate Locations.
not endanger the health and safety of the read ‘‘Table 1 of § 393.11—Required
Note: For items comprising a system which Lamps and Reflectors on Commercial
public. If the contract is delegated to DCMA is defined as, ‘‘a group of interacting items
and the contractor has input EPA property functioning as a complex whole,’’ the
Motor Vehicles’’.
into the PCARSS system, the EPA Property contractor may maintain the record as a [FR Doc. E9–22259 Filed 9–14–09; 8:45 am]
Utilization Officer (PUO) shall notify the CO. system noting all components of the system BILLING CODE 1505–01–D
The CO shall notify the contractor in writing under the main component or maintain
of those items EPA would like to retain, have individual records for each item. However,
returned or transferred to another EPA for the Annual Report of Government
contractor. The contractor shall notify the Property, the components must be reported
DEPARTMENT OF THE INTERIOR
DCMA PLCO and request withdrawal of as a system with one total dollar amount for
those items from the inventory schedule. The the system, if that system total is $25,000 or
Fish and Wildlife Service
contractor shall update the Government more.
property record to indicate the disposition of 50 CFR Part 17
the item and to close the record. The
contractor shall also obtain either a signed (End of clause) [FWS-R6-ES-2009-0035]
receipt or proof of shipment from the ■ 5. Revise section 1552.245–71 to read [MO9221050083-B2]
recipient. The contractor shall notify the CO as follows:
when all actions pertaining to disposition RIN 1018-AW24
have been completed. The contractor shall 1552.245–71 Government-furnished data.
complete an EPA Property report with Endangered and Threatened Wildlife
As prescribed in 1545.107(b), insert and Plants; Taxonomic Change of
changes, to include supporting
documentation of completed disposition the following contract clause in any Sclerocactus Glaucus to Three
actions and submit it to the CPC. contract that the Government is to Separate Species
9. Decontamination. In addition to the furnish the Contractor data. Identify in
requirements of the ‘‘Government Property’’ the clause the data to be provided. AGENCY: Fish and Wildlife Service,
clause and prior to performing disposition of Interior.
any EPA Government Property, the Government-Furnished Data
ACTION: Final rule.
contractor shall certify in writing that the (a) The Government shall deliver to the
property is free from contamination by any Contractor the Government-furnished data SUMMARY: We, the U.S. Fish and
hazardous or toxic substances. described in the contract. If the data, suitable Wildlife Service (Service), announce the
10. Contract Closeout. The contractor shall for its intended use, is not delivered to the revised taxonomy of Sclerocactus
complete a physical inventory of all Contractor, the Contracting Officer shall glaucus (Uinta Basin hookless cactus)
Government property at contract completion equitably adjust affected provisions of this
and the results, including any discrepancies,
under the Endangered Species Act of
contract in accordance with the ‘‘Changes’’
shall be reported to the CO. If the contract 1973, as amended (Act). We determine
clause when:
is delegated to DCMA, the physical inventory (1) The Contractor submits a timely written that S. glaucus (previously considered a
report will be submitted to the EPA CO and request for an equitable adjustment; and complex), which is currently listed as a
a copy submitted to the DCMA PA. In the (2) The facts warrant an equitable threatened species, is actually three
case of a terminated contract, the contractor adjustment. distinct species: S. brevispinus, S.
shall comply with the inventory (b) Title to Government-furnished data glaucus, and S. wetlandicus. We are
srobinson on DSKHWCL6B1PROD with RULES

requirements set forth in the applicable shall remain in the Government. revising the List of Endangered and
termination clause. The results of the (c) The Contractor shall use the Threatened Plants to reflect the
inventory, as well as a detailed inventory Government-furnished data only in
listing, must be forwarded to the CO and if
scientifically accepted taxonomy and
connection with this contract.
delegated, a copy to the DCMA PA. In order nomenclature of these species. In
(d) The following data will be furnished to
to expedite the disposal process, contractors the Contractor on or about the time indicated: addition, we revise the common names
may be required to, or may elect to submit for these species as follows: S.
to the CPC, an inventory schedule for (End of clause) brevispinus (Pariette cactus), S. glaucus

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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47113

(Colorado hookless cactus), and S. public comment on our analyses and cactus), S. glaucus (Colorado hookless
wetlandicus (Uinta Basin hookless prudency determinations. cactus), and S. wetlandicus (Uinta Basin
cactus). These three species will hookless cactus). We also stated that S.
Previous Federal Actions
continue to be listed as threatened with glaucus and S. wetlandicus continued to
no regulatory changes. On October 11, 1979, we published a meet the definition of ‘‘threatened’’
final rule listing Sclerocactus glaucus under the Act, and that listing S.
DATES: This rule is effective on October
(Uinta Basin hookless cactus) as brevispinus as endangered under the
15, 2009.
threatened (44 FR 58868). Act was warranted, but precluded by
ADDRESSES: Comments and materials On February 3, 1997, we received a higher priority actions.
received, as well as supporting petition from the National Wilderness
documentation used in the preparation Institute to remove Sclerocactus glaucus Comments on Proposed Taxonomic
of this final rule, are available for public from the List of Endangered and Classification
inspection, by appointment, during Threatened Plants. On April 25, 2005, Peer Review
normal business hours, at the Utah Field we received a petition from the Center
Office, U.S. Fish and Wildlife Service, for Native Ecosystems and the Utah In accordance with our joint policy
2369 W. Orton Circle, Suite 50, West Native Plant Society requesting that we published in the Federal Register on
Valley City, UT 84119; telephone 801- list S. brevispinus (Pariette cactus) as an July 1, 1994 (59 FR 34270), and based
975-3330. The final rule is also available endangered or threatened species under on our implementation of the Office of
on the Internet at http:// the Act (independent of its current Management and Budget’s Final
www.regulations.gov and at http:// listing as threatened as part of S. Information Quality Bulletin for Peer
www.fws.gov/mountain-prairie/species/ glaucus) and that we designate critical Review, dated December 16, 2004, we
habitat. sought the expert opinions of
plants/pariettecactus/.
On December 14, 2006, we published appropriate and independent specialists
FOR FURTHER INFORMATION CONTACT: regarding the science in our proposed
Larry Crist, Field Supervisor, Utah Field a 90–day finding on both petitions (71
FR 75215). First, we found that the rule. The basis for the proposed
Office (see ADDRESSES) (telephone 801- taxonomic change has appeared in peer-
975-3330). People who use a petition to remove Sclerocactus glaucus
from the List of Endangered and reviewed journals (Succulenta, A Utah
telecommunications device for the deaf Flora, Flora of North America). In
(TDD) may call the Federal Information Threatened Plants did not provide
substantial information to indicate that addition, we solicited the opinions of
Relay Service (FIRS) at 800-877-8339. seven specialists in general plant
delisting may be warranted. Second, we
SUPPLEMENTARY INFORMATION: found that the petition to list S. taxonomy, and the taxonomy and
brevispinus (Pariette cactus) as an ecology of the Sclerocactus glaucus in
Background
endangered or threatened species particular. We received peer reviews
Section 17.12(b) of Title 50 of the provided substantial information to from three individuals, Dr. Bruce
Code of Federal Regulations (CFR) indicate that independent listing of S. Glisson, Dr. Leila Shultz, and Professor
requires us to use the most recently brevispinus as endangered or threatened Kenneth Heil. All agreed with our
accepted scientific name of any species may be warranted, and we initiated a taxonomic analysis of the ‘‘Sclerocactus
determined by the Service to be an status review. In addition, we found that glaucus complex’’ and its component
endangered or threatened species. This emergency listing of S. brevispinus was species.
final rule documents a taxonomic not warranted, and that designation of Other Comments
change (scientific and common names) critical habitat was not prudent.
to an entry on the List of Endangered Further, we defined our understanding We received three comments from the
and Threatened Plants (50 CFR of the ‘‘Sclerocactus glaucus complex’’ public on our proposal to designate
17.12(h)). We find that Sclerocactus as including the three Sclerocactus Sclerocactus brevispinus, S. glaucus,
glaucus (Uinta Basin hookless cactus), species: S. brevispinus, S. glaucus, and and S. wetlandicus as separate species
as listed under section 4 of the Act (16 S. wetlandicus. under the Act. All three comments
U.S.C. 1531 et seq.), is three separate On September 18, 2007, we published indicated strong agreement with the
species: S. brevispinus (Pariette cactus), a 12–month finding (72 FR 53211) on proposed taxonomic changes and with
S. glaucus (Colorado hookless cactus), Sclerocactus brevispinus (Pariette listing S. brevispinus as endangered. All
and S. wetlandicus (Uinta Basin cactus). We found that reclassifying S. three comments also expressed concern
hookless cactus). Previously, these three brevispinus as a single species and about the ‘‘warranted but precluded’’
species were scientifically classified listing that species as endangered was finding for S. brevispinus, because the
under the single scientific name of S. warranted, but precluded by higher commenters believed that listing the
glaucus (Benson 1966, pp. 50-57; 1982, priority actions to amend the Lists of species as endangered should not be
pp. 728-729). We make this change to Endangered and Threatened Wildlife delayed.
the List of Endangered and Threatened and Plants. However, S. brevispinus Species Information
Plants (50 CFR 17.12(h)) to reflect the remains listed as threatened as part of
most recently accepted scientific names the S. glaucus (Uinta Basin hookless Taxonomic Classification
in accordance with 50 CFR 17.12(b). cactus) complex. The original listing rule for
These three species will now be listed The September 18, 2007, publication Sclerocactus glaucus (44 FR 58868;
as threatened under the Act until we (72 FR 53211) also announced our October 11, 1979) included all hookless
conduct a five-factor analysis for each proposal to revise the taxonomy of (straight central spines) Sclerocactus
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species. As soon as our staff and Sclerocactus glaucus (Uinta Basin populations at the extreme periphery of
funding resources allow, we will hookless cactus) to recognize three the Sclerocactus distribution in western
publish a document in the Federal separate species. In accordance with the Colorado and northeastern Utah, and
Register that provides the updated five- best available scientific information, we referred to them as S. glaucus per
factor analysis and the prudency proposed to recognize three distinct Benson (1966, pp. 50-57; 1982, pp. 728-
determination for critical habitat for species and assign the following 729). This taxonomic classification is no
each of the three species, and requests common names: S. brevispinus (Pariette longer supported by the results of

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47114 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations

genetic and morphological research. The individuals were thought to represent family; with solitary, ovoid to nearly
separation of S. glaucus into three an ecotypic variation of S. glaucus. This globular stems that are 3.8 to 17.8
species (S. brevispinus, S. glaucus, and unique cactus from Pariette Draw has centimeters (cm) (1.5 to 7 inches (in))
S. wetlandicus) is reinforced by recent been variously named S. wetlandicus tall and 2.5 to 11.4 cm (1 to 4.5 in) in
genetic studies (Porter et al. 2000, pp. var. ilseae (Hochstätter 1993b, pp. 95- diameter; with about 12 ribs with spine
14, 16; Porter et al. 2007, pp. 8, 9, 11, 97), S. brevispinus (Heil and Porter clusters born on tubercles (short
15, 23), common garden experiments (to 1994, p. 26), and S. whipplei var. ilseae protuberances) arising from the ribs.
determine in a controlled environment (Welsh et al. 2003, p. 79). We have These cacti have two types of spines
whether plants exhibit different adopted the taxonomic nomenclature (radial and central) and two types of
morphological characteristics when accepted by the Flora of North America central spines (abaxial and lateral).
grown under different conditions) (Heil and Porter 2004, pp. 197-207) and These spines are defined by size and
(Hochstätter 1993b, pp. 94, 98; Welsh et adopt a new common name: S. position on the plant:
al. 2003, p. 79), and a reevaluation of brevispinus (Pariette cactus). (1) The 4 to 12 radial spines radiate
morphological characteristics (Heil and Sclerocactus glaucus (former common around the margin of the areole (a
Porter 2004, pp. 200-201; Hochstätter name was Uinta Basin hookless cactus; distinct non-photosynthetic surface area
1989, pp. 123-125; Hochstätter 1993a, now Colorado hookless cactus) is bearing spines), extend in a plane
pp. 85-92; Hochstätter 1993b, pp. 93, 97, endemic to western Colorado. Its former roughly parallel to the body of the plant,
99; Porter et al. 2007, pp. 13, 15, 24-25). common name in the List of Endangered and are usually white, less than 2.5 cm
Revisions to the taxonomy of and Threatened Plants referred to a (1 in) in length, and much finer and
Sclerocactus glaucus began in 1989 geographical area in Utah. Therefore, shorter than the dark central spines.
(Hochstätter 1989, pp. 123-125; the common name was a misnomer that (2) The central spines number from 1
Hochstätter 1993a , pp. 85-92; more accurately applies to S. to 4 (sometimes absent), are 2.5 to 3.8
Hochstätter 1993b, pp. 91-92; Heil and wetlandicus (which formerly had no cm (1 to 1.5 in) long (generally longer
Porter 1994, pp. 25-27; Porter et al. common name). Colorado hookless than radial spines), and extend from the
2000, pp. 8-23; Welsh et al. 2003, p. 79). cactus is a more applicable common center of the areole. The central spines
By 2004, the Flora of North America name for S. glaucus. include abaxial and lateral forms:
recognized the plant S. glaucus (that we Sclerocactus wetlandicus (new • Abaxial spines are typically single
listed in 1979; 44 FR 58868; October 11, common name is Uinta Basin hookless and often longer than lateral spines.
1979) as three distinct species: S. cactus) was first described in 1989 • Lateral spines are often displayed in
brevispinus (Pariette cactus), S. glaucus (Hochstätter 1993b, pp. 91-92), and pairs on either side of the abaxial spine.
(Uinta Basin hookless cactus), and S. comprises the bulk of the previously Flowers have numerous pinkish to
wetlandicus (no common name). The termed Uinta Basin hookless cactus lavender perianth parts (sepaloids [outer
Flora of North America (Heil and Porter complex in Utah (in the Uinta Basin whorls, usually greenish] and petaloids
2004, pp. 197-207) recognizes 15 species proper). Its population is significantly [inner whorls, usually non-green]) and
in the genus Sclerocactus, including S. disjunct from that of S. glaucus in are 2.5 to 5.1 cm (1 to 2 in) in diameter
brevispinus, S. glaucus, and S. Colorado. The common name ‘‘Uinta and length. Flower stamens are
wetlandicus. Basin hookless cactus’’ is appropriate numerous, with yellow anthers (the
Sclerocactus brevispinus (Pariette for this species. male pollen-bearing structures) and
cactus) is a morphologically unique green filaments (structures that display
Sclerocactus population, occurring only Species Descriptions the anthers). The fruit is barrel-shaped,
in the Pariette Draw in the central Uinta Cacti species of the Uinta Basin 0.8 to 1.3 cm (0.3 to 0.5 in) long, and
Basin in Utah. This cactus is much hookless cactus complex are a small about 0.8 cm (0.3 in) in diameter. The
smaller than either S. glaucus or S. ball- or barrel-shaped cactus, usually seeds are small and black.
wetlandicus and retains the vegetative with straight (‘‘hookless’’ as opposed to The revised species descriptions in
characteristics of juvenile S. ‘‘fishhook’’ in most other species within Table 1 are based on those by
wetlandicus individuals in adult the genus) central spines. Benson (1966, Hochstätter (2005, pp. 14-18, 37-38) and
flowering plants. At the time of the p. 53) describes Sclerocactus glaucus as Heil and Porter (2004, pp. 200-201) as
species listing in 1979, these smaller a leafless, succulent plant in the cactus used in the Flora of North America.

TABLE 1: COMPARISON OF MORPHOLOGY FOR THREE Sclerocactus SPECIES.


Characteristic Sclerocactus glaucus Sclerocactus wetlandicus Sclerocactus brevispinus

Plant Description Leafless, stem-succulent plant with Leafless, stem-succulent plant with Leafless, stem-succulent plant with a
short cylindrical to ovoid body, usu- short, cylindrical to elongate-cylin- depressed-spherical to short-cylin-
ally 3 to12 cm (1.2 to 4.8 in) tall, but drical body, usually 3 to 15 cm (1.2 drical body, usually 2.5 to 8.5 cm
up to 30 cm (12 in) tall; 4 to 9 cm to 6.0 in) tall, but up to 25 cm (10 (1.0 to 3.4 in) tall, but most individ-
(1.6 to 3.6 in) diameter; with 8 to 15 in)); 4 to 12 cm (1.6 to 4.8 in) di- uals less than 5 cm (2.0 in)); 1.8 to
(usually 12 or 13) tubercle-bearing ameter; with 12 to 15 tubercle-bear- 7.5 cm (0.7 to 3.0 in) in diameter
ribs ing ribs (most individuals less than 5 cm
(2.0 in)); with (usually) 13 tubercle-
bearing ribs
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Spines Spines occur in clusters within the Spines occur in clusters within the Spines occur in clusters within the
areoles at tip of tubercles areoles at tip of tubercles areoles at tip of tubercles

Areoles Pubescent in juvenile individuals Not pubescent in juvenile individuals Not pubescent in juvenile individuals

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TABLE 1: COMPARISON OF MORPHOLOGY FOR THREE Sclerocactus SPECIES.—Continued


Characteristic Sclerocactus glaucus Sclerocactus wetlandicus Sclerocactus brevispinus

Radial Spines 2 to 12 (usually 6 to 8) per cluster; 6 to 14 (usually 6 to 10) per cluster; 5 to 13 (usually 6 or 7) per cluster;
white or gray to light brown; up to white, or gray to light brown (rarely white or gray-to-light brown, up to 5
17 millimeters (mm) (0.67 in) long; black), up to 6 to 20 mm (0.24 to to 15 mm (0.2 to 0.6 in) long; less
less than 1 mm (0.04 in) in diameter 0.8 in) long; less than 0.6 mm (0.01 than 1 mm (0.04 in) in diameter
in) in diameter

Central Spines Longer and heavier than radial spines; Usually longer and heavier than radial Usually longer and heavier than radial
numbering one to five (usually three: spines, numbering one to five (usu- spines, numbering 0 to 3 (usually 1:
one abaxial and two lateral), 12 to ally three: one abaxial and two lat- the abaxial, rarely with two laterals),
50 mm (0.5 to 2.0 in) long, and 0.8 eral), are 15 to 30 mm (0.5 to 2.0 2 to 5 mm (0.08 to 0.2 in) long, and
to 1.8 mm (0.03 to 0.07 in) thick in) long, and 0.5 to 1.8 mm (0.02 to 0.5 to 1.8 mm (0.02 to 0.07 in) thick
0.07 in) thick

Abaxial Spines Usually solitary (sometimes lacking) Usually solitary (sometimes lacking or Solitary (sometimes lacking) and usu-
and ascending toward the apex of double), and ascending toward the ally descending away from the apex
the plant body with its tip noticeably apex of the plant body with its tip of the plant body with entire spine
bent at an angle usually less than usually noticeably bent at an angle bent or in short spines (1 to 3 mm
90 degrees usually less than 90 degrees (some- (0.04 to 0.12 in) long), strongly
times straight, or rarely hooked up hooked with the tip almost touching
to 180 degrees) the surface of the areole

Lateral Spines Usually displayed in pairs on either Usually displayed in pairs on either Usually absent; when present, are on
side of the abaxial spine; they are of side of the abaxial spine and are of either side of abaxial spine and are
approximately the same length and approximately same length and of approximately same length and
thickness but are relatively straight thickness but are more or less thickness, more or less straight with-
without obvious bent tip of the ab- straight without obvious bent tip of out the obvious bend or hook of ab-
axial spine; these diverge from ab- abaxial spine; these diverge from axial spine, and diverge from ab-
axial spine at an acute angle, usu- the abaxial spine at acute angle, axial spine at acute angle (usually
ally between 20 and 50 degrees usually between 20 and 50 degrees between 20 and 50 degrees)

Flowers Fragrant and funnelform (funnel- Fragrant and funnelform, 2 to 5 cm Campanulate 1.0 to 1.5 cm (0.4 to 0.6
shaped) or rarely campanulate (bell- (0.8 to 2 in) long and 2 to 5 cm (0.8 in) (occasionally up to 3 cm (1.2 in))
shaped), 3 to 6 cm (1.2 to 2.4 in) to 2 in) in diameter high, and 1.2 to 3 cm (0.4 to 1.2 in)
long, and 3 to 5 cm (1.2 to 2.0 in) in in diameter
diameter

Tepals (the Consist of two whorls. Outer: 20 to 30 Consist of two whorls. Outer: 20 to 30 Consist of two whorls. Outer: 20 to 30
colored corolla tepals; have broad, greenish-lav- tepals; have broad, brownish-lav- tepals; greenish to purple with a
parts of the ender midstripe with pink margins, ender midstripe with pink to violet brownish midstripe and pink or pur-
cactus flower) and are oblanceolate; tepals transi- margins; oblanceolate, transition ple margins; oblanceolate and tran-
tion from small, leaf-like scales low from small leaf-like scales low on sition from small, leaf-like scales low
on the floral tube to petal-like struc- the floral tube to petal-like structures on the floral tube to petal-like struc-
tures near rim of floral tube; are 4 to near the rim of the floral tube, and tures near the rim of the floral tube;
30 mm (0.16 to 1.2 in) long and 4 to are 4 to 30 mm (0.16 to 1.2 in) long 4 to 16 mm (0.16 to 0.63 in) long
6 mm (0.16 to 0.24 in) wide. Inner: and 4 to 6 mm (0.16 to 0.24 in) and 2 to 6 mm (0.08 to 0.24 in)
12 to 20 tepals, pale pink to dark wide. Inner: 12 to 20 tepals; pink to wide. Inner: 12 to 20 tepals; pink to
pink, oblanceolate to lanceolate, and violet, oblanceolate to lanceolate, purple, oblanceolate to lanceolate,
25 to 35 mm (1 to 1.4 in) long and 4 are 17 to 30 mm (0.67 to 1.2 in) 10 to 22 mm (0.40 to 0.87 in) long
to 6 mm (0.16 to 0.24 in) wide; long, and 3 to 6 mm (0.12 to 0.24 and 3 to 7 mm (0.12 to 0.28 in)
borne at rim of floral tube in) wide; borne at rim of floral tube wide; borne at rim of floral tube

Stamens Numerous, have yellow anthers Numerous, with yellow anthers at- Numerous, with yellow anthers at-
a:ttached by filaments (from green tached by green-to-white filaments tached by green-to-white filaments
to white) to the interior surface of to the interior surface of the floral to the interior surface of the floral
the floral tube tube tube

Floral Tube Arises from upper margin of the seed- Arises from upper margin of the seed- Arises from the upper margin of the
producing ovary producing ovary seed-producing ovary

Ovary Bears one style (from pink to yellow) Bears one style (from pink to yellow) Bears one style (from pink to yellow)
with stigma of about 12 lobes. After with stigma of about 12 lobes. After with stigma of about 12 lobes. After
pollination, ovary ripens into dry fruit pollination, ovary ripens into dry fruit pollination, ovary ripens into dry fruit
in approximately 4 to 6 weeks, with in about 4 to 6 weeks, with 15 to 30 in about 4 to 6 weeks, with 15 to 30
15 to 30 seeds turning from green seeds turning from green to brown seeds turning from green to brown
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to brown

Fruit Ovoid, barrel-shaped, 9 to 30 mm Ovoid, barrel-shaped, 9 to 30 mm Ovoid, barrel-shaped, 9 to 30 mm


(0.35 to 1.2 in) long (usually less (0.35 to 1.2 in) long (usually less (0.35 to 1.2 in) long (usually less
than 22 mm (0.87 in) long), and 8 to than 25 mm (1 in) long), and 7 to 12 than 25 mm (1 in) long), and 7 to 12
12 mm (0.31 to 0.47 in) wide mm (0.28 to 0.47 in) wide mm (0.28 to 0.47 in) wide

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TABLE 1: COMPARISON OF MORPHOLOGY FOR THREE Sclerocactus SPECIES.—Continued


Characteristic Sclerocactus glaucus Sclerocactus wetlandicus Sclerocactus brevispinus

Seeds Black, asymmetrically elongated, with Black, asymmetrically elongated, with Black, asymmetrically elongated, with
hilum (seed scar at point of attach- hilum near side of smaller seed hilum near the side of the smaller
ment to ovary wall) near side of lobe; 1.5 mm (0.06 in) wide and 2.5 seed lobe; 1.5 mm (0.06 in) wide
smaller seed lobe; 1.5 mm (0.06 in) mm (0.1 in) long; testa composed of and 2.5 mm (0.1 in) long; testa com-
wide and 2.5 mm (0.1 in) long; testa hexagonal papillae with flattened posed of hexagonal papillae with
(seed coat) covered by rounded tops flattened tops
papillae

Main Differences Seed characteristics with areole pu- Testa characteristics are the most Diminutive nature of central spines
bescence of juvenile individuals are consistent morphological character- and overall plant size are the most
the most consistent morphological istics separating S. wetlandicus and consistent morphological character-
characteristics separating S. glaucus S. brevispinus from S. glaucus istics separating S. brevispinus from
from S. wetlandicus and S. S. wetlandicus and S. glaucus.
brevispinus Testa characteristics are the most
consistent morphological character-
istics separating S. wetlandicus and
S. brevispinus from S. glaucus

Required Determinations regulations adopted pursuant to section ■ Accordingly, we amend part 17,
4(a) of the Act. We published a notice subchapter B of chapter I, title 50 of the
Paperwork Reduction Act of 1995 (44
outlining our reasons for this Code of Federal Regulations, as set forth
U.S.C. 3501 et seq.)
determination in the Federal Register below:
This rule does not contain any new on October 25, 1983 (48 FR 49244).
collections of information that require PART 17—[AMENDED]
approval by OMB under the Paperwork References Cited
A complete list of all references cited ■ 1. The authority citation for part 17
Reduction Act. This rule will not
is available upon request from the continues to read as follows:
impose recordkeeping or reporting
requirements on State or local Supervisor at the U.S. Fish and Wildlife Authority: 16 U.S.C. 1361-1407; 16 U.S.C.
governments, individuals, businesses, or Service, Utah Field Office (see 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99-
organizations. An agency may not ADDRESSES). 625, 100 Stat. 3500; unless otherwise noted.
conduct or sponsor, and a person is not ■ 2. Amend § 17.12(h) by revising the
Authors
required to respond to, a collection of entry for Sclerocactus glaucus, and by
information unless it displays a The authors of this document are the adding entries for Sclerocactus
currently valid OMB control number. staff members of the Utah Field Office brevispinus and Sclerocactus
(see ADDRESSES). wetlandicus, in alphabetical order under
National Environmental Policy Act
List of Subjects in 50 CFR Part 17 FLOWERING PLANTS, to the List of
We have determined that we do not Endangered and Threatened Plants, to
need to prepare an Environmental Endangered and threatened species, read as follows:
Assessment or an Environmental Impact Exports, Imports, Reporting and
Statement as defined under the recordkeeping requirements, § 17.12 Endangered and threatened plants.
authority of the National Environmental Transportation. * * * * *
Policy Act of 1969, in connection with ■ Regulation Promulgation (h) * * *

Species When Critical Special


Historic range Family Status listed habitat rules
Scientific name Common name

FLOWERING PLANTS

* * * * * *

Sclerocactus brevispinus Pariette cactus U.S.A. (UT) Cactaceae T 59 NA NA

Sclerocactus glaucus Colorado hookless cactus U.S.A. (CO) Cactaceae T 59 NA NA

* * * * * *

Sclerocactus wetlandicus Uinta Basin hookless cactus U.S.A. (UT) Cactaceae T 59 NA NA

* * * * * *
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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47117

Dated: August 24, 2009. 2. You must remove all ice fishing shelters Winter II quota of 1,349,751 lb (612 mt).
Will Shafroth, and all other personal property from the Because the amount transferred is less
WPAs each day (see § 27.93 of this chapter). than 499,999 lb (227 mt), the possession
Acting Director, U.S. Fish and Wildlife
3. Condition A5 applies. limit per trip will remain 2,000 lb (907
Service.
[FR Doc. E9–22125 Filed 9–14–09; 8:45 am] * * * * * kg) during the Winter II quota period,
BILLING CODE 4310–55–S
[FR Doc. E9–22260 Filed 9–14–09; 8:45 am] consistent with the final rule Winter I to
BILLING CODE 1505–01–D Winter II possession limit increase table
(table 4) published in the 2009 final
DEPARTMENT OF THE INTERIOR scup specifications (74 FR 35, January 2,
DEPARTMENT OF COMMERCE 2009).
Fish and Wildlife Service
National Oceanic and Atmospheric Classification
50 CFR Part 32 Administration This action is required by 50 CFR part
648 and is exempt from review under
2008–2009 Refuge-Specific Hunting 50 CFR Part 648 Executive Order 12866.
and Sport Fishing Regulations Authority: 16 U.S.C. 1801 et seq.
[Docket No. 0809251266 81485 02]
CFR Correction Dated: September 10, 2009.
RIN 0648–XQ56
Alan D. Risenhoover,
In Title 50 of the Code of Federal
Regulations, Parts 18 to 199, revised as Fisheries of the Northeastern United Director, Office of Sustainable Fisheries,
States; Scup Fishery; Adjustment to National Marine Fisheries Service.
of October 1, 2008, on page 347, in
§ 32.42, following Big Stone National the 2009 Winter II Quota [FR Doc. E9–22176 Filed 9–14–09; 8:45 am]
BILLING CODE 3510–22–S
Wildlife Refuge, reinstate Big Stone AGENCY: National Marine Fisheries
Wetland Management District to read as Service (NMFS), National Oceanic and
follows: Atmospheric Administration (NOAA), DEPARTMENT OF COMMERCE
Commerce.
§ 32.42 Minnesota.
ACTION: Temporary rule; inseason National Oceanic and Atmospheric
* * * * * adjustment. Administration
Big Stone Wetland Management District
SUMMARY: NMFS adjusts the 2009 50 CFR Part 648
A. Migratory Game Bird Hunting. We allow
hunting of migratory game birds throughout
Winter II commercial scup quota. This
action complies with Framework [Docket No.070817467–8554–02]
the district in accordance with State
regulations subject to the following Adjustment 3 (Framework 3) to the RIN 0648–XR58
conditions: Summer Flounder, Scup, and Black Sea
1. We prohibit the use of motorized boats. Bass Fishery Management Plan, which Magnuson-Stevens Fishery
2. We prohibit the construction or use of established a process to allow the Conservation and Management Act
permanent blinds, stands, or scaffolds. rollover of unused commercial scup Provisions; Fisheries of the
3. You must remove all personal property, quota from the Winter I period to the Northeastern United States; Atlantic
which includes boats, decoys, and blinds Winter II period. Sea Scallop Fishery; Closure of the
brought onto the WPA each day (see §§ 27.93
and 27.94 of this chapter). DATES: Effective September 15, 2009, Limited Access General Category
4. We allow the use of hunting dogs, through December 31, 2009. Scallop Fishery to Individual Fishing
provided the dog is under the immediate FOR FURTHER INFORMATION CONTACT: Quota Scallop Vessels
control of the hunter at all times during the Sarah Bland, Fishery Management AGENCY: National Marine Fisheries
State-approved hunting season (see § 26.21(b) Specialist, (978) 281–9257.
of this chapter). Service (NMFS), National Oceanic and
SUPPLEMENTARY INFORMATION: NMFS Atmospheric Administration (NOAA),
5. We prohibit camping.
B. Upland Game Hunting. We allow published a final rule in the Federal Commerce.
upland game hunting throughout the district Register on November 3, 2003 (68 FR ACTION: Temporary rule; closure.
in accordance with State regulations subject 62250), implementing a process, for
to the following conditions: Conditions A4 years in which the full Winter I SUMMARY: NMFS announces that the
and A5 apply. commercial scup quota is not harvested, Limited Access General Category
C. Big Game Hunting. We allow big game to allow unused quota from the Winter (LAGC) scallop fishery will close to
hunting throughout the district in accordance I period (January 1 through April 30) to individual fishing quota (IFQ) scallop
with State regulations subject to the be added to the quota for the Winter II vessels (including vessels issued an IFQ
following conditions: letter of authorization (LOA) to fish
1. Hunters may use portable stands.
period (November 1 through December
Hunters may not construct or use permanent 31), and to allow adjustment of the under appeal), effective 0001 hours,
blinds, permanent platforms, or permanent commercial possession limits for the September 15, 2009, until it re-opens on
ladders. Winter II period commensurate with the December 1, 2009, under current
2. You must remove all stands and amount of quota rolled over from the regulations. This action is based on the
personal property from the WPAs each day Winter I period. determination that the third quarter
(see §§ 27.93 and 27.94 of this chapter). For 2009, the initial Winter II quota is scallop total allowable catch (TAC) for
3. We prohibit hunters occupying ground 1,334,791 lb (605 mt), and the best LAGC IFQ scallop vessels is projected to
srobinson on DSKHWCL6B1PROD with RULES

and tree stands that are illegally set up or available landings information indicates be landed. This will prevent IFQ scallop
constructed. that 14,960 lb (7 mt) remain of the vessels from exceeding the 2009 third
4. Condition A5 applies.
D. Sport Fishing. We allow fishing
Winter I quota of 3,777,443 lb (1,713 quarter TAC, in accordance with the
throughout the district in accordance with mt). Consistent with the intent of regulations implementing Amendment
State regulations subject to the following Framework 3, the full amount of unused 11 to the Atlantic Sea Scallop Fishery
conditions: 2009 Winter I quota is transferred to Management Plan (FMP), enacted by
1. We prohibit the use of motorized boats. Winter II, resulting in a revised 2009 Framework 19 to the FMP, and the

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