Endangered and Threatened Wildlife and Plants; Taxonomic Change of Sclerocactus Glaucus, 47112-47117 [E9-22125]

Download as PDF srobinson on DSKHWCL6B1PROD with RULES 47112 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations contractor in writing to retain all or part of the excess Government Property under the current contract for possible future requirements. (ii) Return to EPA. When Government property is identified as excess, the CO may direct the contractor in writing to return those items to EPA inventory. The contractor shall ship/deliver the property in accordance with the instructions provided by the CO. (iii) Transfer. When Government property is identified as excess, the CO may direct the contractor in writing to transfer the property to another EPA contractor. The contractor shall transfer the property by shipping it in accordance with the instructions provided by the CO. To effect transfer of accountability, the contractor shall provide the recipient of the property with the applicable data elements set forth in Attachment 1 of this clause. (iv) Sale. If GSA or the DCMA PLCO conducts a sale of the excess Government property, the contractor shall allow prospective bidders access to property offered for sale. (v) Abandonment. Abandoned property must be disposed of in a manner that does not endanger the health and safety of the public. If the contract is delegated to DCMA and the contractor has input EPA property into the PCARSS system, the EPA Property Utilization Officer (PUO) shall notify the CO. The CO shall notify the contractor in writing of those items EPA would like to retain, have returned or transferred to another EPA contractor. The contractor shall notify the DCMA PLCO and request withdrawal of those items from the inventory schedule. The contractor shall update the Government property record to indicate the disposition of the item and to close the record. The contractor shall also obtain either a signed receipt or proof of shipment from the recipient. The contractor shall notify the CO when all actions pertaining to disposition have been completed. The contractor shall complete an EPA Property report with changes, to include supporting documentation of completed disposition actions and submit it to the CPC. 9. Decontamination. In addition to the requirements of the ‘‘Government Property’’ clause and prior to performing disposition of any EPA Government Property, the contractor shall certify in writing that the property is free from contamination by any hazardous or toxic substances. 10. Contract Closeout. The contractor shall complete a physical inventory of all Government property at contract completion and the results, including any discrepancies, shall be reported to the CO. If the contract is delegated to DCMA, the physical inventory report will be submitted to the EPA CO and a copy submitted to the DCMA PA. In the case of a terminated contract, the contractor shall comply with the inventory requirements set forth in the applicable termination clause. The results of the inventory, as well as a detailed inventory listing, must be forwarded to the CO and if delegated, a copy to the DCMA PA. In order to expedite the disposal process, contractors may be required to, or may elect to submit to the CPC, an inventory schedule for VerDate Nov<24>2008 16:49 Sep 14, 2009 Jkt 217001 disposal purposes up to six (6) months prior to contract completion. If such an inventory schedule is prepared, the contractor must indicate the earliest date that each item may be disposed. The contractor shall update all property records to show disposal action. The contractor shall notify the CO, and, if delegated, the DCMA PA, in writing, when all work has been completed under the contract and all Government property accountable to the contract has been disposed. The contractor shall complete a FINAL EPA Property report with all supporting documentation to the CPC. 1552.245–72 and 1552.245–73 Attachment 1 Required Data Element—In addition to the requirements of FAR 52.245–1(f)(vi), Reports of Government Property, the contractor is required to maintain, and report the following data elements for EPA Government property (all elements are not applicable to material): Name and address of the administrative Contracting Officer; Name of the contractor representative; Business type; Name and address of the contract property coordinator; Superfund (Yes/No); No. of Subcontractor/Alternate Locations. Note: For items comprising a system which is defined as, ‘‘a group of interacting items functioning as a complex whole,’’ the contractor may maintain the record as a system noting all components of the system under the main component or maintain individual records for each item. However, for the Annual Report of Government Property, the components must be reported as a system with one total dollar amount for the system, if that system total is $25,000 or more. 49 CFR Part 393 (End of clause) ■ 5. Revise section 1552.245–71 to read as follows: [FWS-R6-ES-2009-0035] [MO9221050083-B2] 1552.245–71 Government-furnished data. As prescribed in 1545.107(b), insert the following contract clause in any contract that the Government is to furnish the Contractor data. Identify in the clause the data to be provided. Government-Furnished Data (a) The Government shall deliver to the Contractor the Government-furnished data described in the contract. If the data, suitable for its intended use, is not delivered to the Contractor, the Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the ‘‘Changes’’ clause when: (1) The Contractor submits a timely written request for an equitable adjustment; and (2) The facts warrant an equitable adjustment. (b) Title to Government-furnished data shall remain in the Government. (c) The Contractor shall use the Government-furnished data only in connection with this contract. (d) The following data will be furnished to the Contractor on or about the time indicated: (End of clause) PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 [Removed] 6. Remove sections 1552.245–72 and 1552.245–73. ■ [FR Doc. E9–22038 Filed 9–14–09; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Parts and Accessories Necessary for Safe Operation; Lamps and Reflective Devices CFR Correction In Title 49 of the Code of Federal Regulations, Parts 300 to 399, revised as of October 1, 2008, in § 393.11, on page 375, remove paragraph (d) and on page 377, revise the heading of Table 1 to read ‘‘Table 1 of § 393.11—Required Lamps and Reflectors on Commercial Motor Vehicles’’. [FR Doc. E9–22259 Filed 9–14–09; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AW24 Endangered and Threatened Wildlife and Plants; Taxonomic Change of Sclerocactus Glaucus to Three Separate Species AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the revised taxonomy of Sclerocactus glaucus (Uinta Basin hookless cactus) under the Endangered Species Act of 1973, as amended (Act). We determine that S. glaucus (previously considered a complex), which is currently listed as a threatened species, is actually three distinct species: S. brevispinus, S. glaucus, and S. wetlandicus. We are revising the List of Endangered and Threatened Plants to reflect the scientifically accepted taxonomy and nomenclature of these species. In addition, we revise the common names for these species as follows: S. brevispinus (Pariette cactus), S. glaucus E:\FR\FM\15SER1.SGM 15SER1 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations (Colorado hookless cactus), and S. wetlandicus (Uinta Basin hookless cactus). These three species will continue to be listed as threatened with no regulatory changes. DATES: This rule is effective on October 15, 2009. ADDRESSES: Comments and materials received, as well as supporting documentation used in the preparation of this final rule, are available for public inspection, by appointment, during normal business hours, at the Utah Field Office, U.S. Fish and Wildlife Service, 2369 W. Orton Circle, Suite 50, West Valley City, UT 84119; telephone 801975-3330. The final rule is also available on the Internet at http:// www.regulations.gov and at http:// www.fws.gov/mountain-prairie/species/ plants/pariettecactus/. FOR FURTHER INFORMATION CONTACT: Larry Crist, Field Supervisor, Utah Field Office (see ADDRESSES) (telephone 801975-3330). People who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339. SUPPLEMENTARY INFORMATION: srobinson on DSKHWCL6B1PROD with RULES Background Section 17.12(b) of Title 50 of the Code of Federal Regulations (CFR) requires us to use the most recently accepted scientific name of any species determined by the Service to be an endangered or threatened species. This final rule documents a taxonomic change (scientific and common names) to an entry on the List of Endangered and Threatened Plants (50 CFR 17.12(h)). We find that Sclerocactus glaucus (Uinta Basin hookless cactus), as listed under section 4 of the Act (16 U.S.C. 1531 et seq.), is three separate species: S. brevispinus (Pariette cactus), S. glaucus (Colorado hookless cactus), and S. wetlandicus (Uinta Basin hookless cactus). Previously, these three species were scientifically classified under the single scientific name of S. glaucus (Benson 1966, pp. 50-57; 1982, pp. 728-729). We make this change to the List of Endangered and Threatened Plants (50 CFR 17.12(h)) to reflect the most recently accepted scientific names in accordance with 50 CFR 17.12(b). These three species will now be listed as threatened under the Act until we conduct a five-factor analysis for each species. As soon as our staff and funding resources allow, we will publish a document in the Federal Register that provides the updated fivefactor analysis and the prudency determination for critical habitat for each of the three species, and requests VerDate Nov<24>2008 16:49 Sep 14, 2009 Jkt 217001 public comment on our analyses and prudency determinations. Previous Federal Actions On October 11, 1979, we published a final rule listing Sclerocactus glaucus (Uinta Basin hookless cactus) as threatened (44 FR 58868). On February 3, 1997, we received a petition from the National Wilderness Institute to remove Sclerocactus glaucus from the List of Endangered and Threatened Plants. On April 25, 2005, we received a petition from the Center for Native Ecosystems and the Utah Native Plant Society requesting that we list S. brevispinus (Pariette cactus) as an endangered or threatened species under the Act (independent of its current listing as threatened as part of S. glaucus) and that we designate critical habitat. On December 14, 2006, we published a 90–day finding on both petitions (71 FR 75215). First, we found that the petition to remove Sclerocactus glaucus from the List of Endangered and Threatened Plants did not provide substantial information to indicate that delisting may be warranted. Second, we found that the petition to list S. brevispinus (Pariette cactus) as an endangered or threatened species provided substantial information to indicate that independent listing of S. brevispinus as endangered or threatened may be warranted, and we initiated a status review. In addition, we found that emergency listing of S. brevispinus was not warranted, and that designation of critical habitat was not prudent. Further, we defined our understanding of the ‘‘Sclerocactus glaucus complex’’ as including the three Sclerocactus species: S. brevispinus, S. glaucus, and S. wetlandicus. On September 18, 2007, we published a 12–month finding (72 FR 53211) on Sclerocactus brevispinus (Pariette cactus). We found that reclassifying S. brevispinus as a single species and listing that species as endangered was warranted, but precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. However, S. brevispinus remains listed as threatened as part of the S. glaucus (Uinta Basin hookless cactus) complex. The September 18, 2007, publication (72 FR 53211) also announced our proposal to revise the taxonomy of Sclerocactus glaucus (Uinta Basin hookless cactus) to recognize three separate species. In accordance with the best available scientific information, we proposed to recognize three distinct species and assign the following common names: S. brevispinus (Pariette PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 47113 cactus), S. glaucus (Colorado hookless cactus), and S. wetlandicus (Uinta Basin hookless cactus). We also stated that S. glaucus and S. wetlandicus continued to meet the definition of ‘‘threatened’’ under the Act, and that listing S. brevispinus as endangered under the Act was warranted, but precluded by higher priority actions. Comments on Proposed Taxonomic Classification Peer Review In accordance with our joint policy published in the Federal Register on July 1, 1994 (59 FR 34270), and based on our implementation of the Office of Management and Budget’s Final Information Quality Bulletin for Peer Review, dated December 16, 2004, we sought the expert opinions of appropriate and independent specialists regarding the science in our proposed rule. The basis for the proposed taxonomic change has appeared in peerreviewed journals (Succulenta, A Utah Flora, Flora of North America). In addition, we solicited the opinions of seven specialists in general plant taxonomy, and the taxonomy and ecology of the Sclerocactus glaucus in particular. We received peer reviews from three individuals, Dr. Bruce Glisson, Dr. Leila Shultz, and Professor Kenneth Heil. All agreed with our taxonomic analysis of the ‘‘Sclerocactus glaucus complex’’ and its component species. Other Comments We received three comments from the public on our proposal to designate Sclerocactus brevispinus, S. glaucus, and S. wetlandicus as separate species under the Act. All three comments indicated strong agreement with the proposed taxonomic changes and with listing S. brevispinus as endangered. All three comments also expressed concern about the ‘‘warranted but precluded’’ finding for S. brevispinus, because the commenters believed that listing the species as endangered should not be delayed. Species Information Taxonomic Classification The original listing rule for Sclerocactus glaucus (44 FR 58868; October 11, 1979) included all hookless (straight central spines) Sclerocactus populations at the extreme periphery of the Sclerocactus distribution in western Colorado and northeastern Utah, and referred to them as S. glaucus per Benson (1966, pp. 50-57; 1982, pp. 728729). This taxonomic classification is no longer supported by the results of E:\FR\FM\15SER1.SGM 15SER1 47114 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations genetic and morphological research. The separation of S. glaucus into three species (S. brevispinus, S. glaucus, and S. wetlandicus) is reinforced by recent genetic studies (Porter et al. 2000, pp. 14, 16; Porter et al. 2007, pp. 8, 9, 11, 15, 23), common garden experiments (to determine in a controlled environment whether plants exhibit different morphological characteristics when grown under different conditions) ¨ (Hochstatter 1993b, pp. 94, 98; Welsh et al. 2003, p. 79), and a reevaluation of morphological characteristics (Heil and ¨ Porter 2004, pp. 200-201; Hochstatter ¨ 1989, pp. 123-125; Hochstatter 1993a, ¨ pp. 85-92; Hochstatter 1993b, pp. 93, 97, 99; Porter et al. 2007, pp. 13, 15, 24-25). Revisions to the taxonomy of Sclerocactus glaucus began in 1989 ¨ (Hochstatter 1989, pp. 123-125; ¨ Hochstatter 1993a , pp. 85-92; ¨ Hochstatter 1993b, pp. 91-92; Heil and Porter 1994, pp. 25-27; Porter et al. 2000, pp. 8-23; Welsh et al. 2003, p. 79). By 2004, the Flora of North America recognized the plant S. glaucus (that we listed in 1979; 44 FR 58868; October 11, 1979) as three distinct species: S. brevispinus (Pariette cactus), S. glaucus (Uinta Basin hookless cactus), and S. wetlandicus (no common name). The Flora of North America (Heil and Porter 2004, pp. 197-207) recognizes 15 species in the genus Sclerocactus, including S. brevispinus, S. glaucus, and S. wetlandicus. Sclerocactus brevispinus (Pariette cactus) is a morphologically unique Sclerocactus population, occurring only in the Pariette Draw in the central Uinta Basin in Utah. This cactus is much smaller than either S. glaucus or S. wetlandicus and retains the vegetative characteristics of juvenile S. wetlandicus individuals in adult flowering plants. At the time of the species listing in 1979, these smaller individuals were thought to represent an ecotypic variation of S. glaucus. This unique cactus from Pariette Draw has been variously named S. wetlandicus ¨ var. ilseae (Hochstatter 1993b, pp. 9597), S. brevispinus (Heil and Porter 1994, p. 26), and S. whipplei var. ilseae (Welsh et al. 2003, p. 79). We have adopted the taxonomic nomenclature accepted by the Flora of North America (Heil and Porter 2004, pp. 197-207) and adopt a new common name: S. brevispinus (Pariette cactus). Sclerocactus glaucus (former common name was Uinta Basin hookless cactus; now Colorado hookless cactus) is endemic to western Colorado. Its former common name in the List of Endangered and Threatened Plants referred to a geographical area in Utah. Therefore, the common name was a misnomer that more accurately applies to S. wetlandicus (which formerly had no common name). Colorado hookless cactus is a more applicable common name for S. glaucus. Sclerocactus wetlandicus (new common name is Uinta Basin hookless cactus) was first described in 1989 ¨ (Hochstatter 1993b, pp. 91-92), and comprises the bulk of the previously termed Uinta Basin hookless cactus complex in Utah (in the Uinta Basin proper). Its population is significantly disjunct from that of S. glaucus in Colorado. The common name ‘‘Uinta Basin hookless cactus’’ is appropriate for this species. Species Descriptions Cacti species of the Uinta Basin hookless cactus complex are a small ball- or barrel-shaped cactus, usually with straight (‘‘hookless’’ as opposed to ‘‘fishhook’’ in most other species within the genus) central spines. Benson (1966, p. 53) describes Sclerocactus glaucus as a leafless, succulent plant in the cactus family; with solitary, ovoid to nearly globular stems that are 3.8 to 17.8 centimeters (cm) (1.5 to 7 inches (in)) tall and 2.5 to 11.4 cm (1 to 4.5 in) in diameter; with about 12 ribs with spine clusters born on tubercles (short protuberances) arising from the ribs. These cacti have two types of spines (radial and central) and two types of central spines (abaxial and lateral). These spines are defined by size and position on the plant: (1) The 4 to 12 radial spines radiate around the margin of the areole (a distinct non-photosynthetic surface area bearing spines), extend in a plane roughly parallel to the body of the plant, and are usually white, less than 2.5 cm (1 in) in length, and much finer and shorter than the dark central spines. (2) The central spines number from 1 to 4 (sometimes absent), are 2.5 to 3.8 cm (1 to 1.5 in) long (generally longer than radial spines), and extend from the center of the areole. The central spines include abaxial and lateral forms: • Abaxial spines are typically single and often longer than lateral spines. • Lateral spines are often displayed in pairs on either side of the abaxial spine. Flowers have numerous pinkish to lavender perianth parts (sepaloids [outer whorls, usually greenish] and petaloids [inner whorls, usually non-green]) and are 2.5 to 5.1 cm (1 to 2 in) in diameter and length. Flower stamens are numerous, with yellow anthers (the male pollen-bearing structures) and green filaments (structures that display the anthers). The fruit is barrel-shaped, 0.8 to 1.3 cm (0.3 to 0.5 in) long, and about 0.8 cm (0.3 in) in diameter. The seeds are small and black. The revised species descriptions in Table 1 are based on those by ¨ Hochstatter (2005, pp. 14-18, 37-38) and Heil and Porter (2004, pp. 200-201) as used in the Flora of North America. TABLE 1: COMPARISON OF MORPHOLOGY FOR THREE Sclerocactus SPECIES. Sclerocactus glaucus Sclerocactus wetlandicus Sclerocactus brevispinus Plant Description srobinson on DSKHWCL6B1PROD with RULES Characteristic Leafless, stem-succulent plant with short cylindrical to ovoid body, usually 3 to12 cm (1.2 to 4.8 in) tall, but up to 30 cm (12 in) tall; 4 to 9 cm (1.6 to 3.6 in) diameter; with 8 to 15 (usually 12 or 13) tubercle-bearing ribs Leafless, stem-succulent plant with short, cylindrical to elongate-cylindrical body, usually 3 to 15 cm (1.2 to 6.0 in) tall, but up to 25 cm (10 in)); 4 to 12 cm (1.6 to 4.8 in) diameter; with 12 to 15 tubercle-bearing ribs Leafless, stem-succulent plant with a depressed-spherical to short-cylindrical body, usually 2.5 to 8.5 cm (1.0 to 3.4 in) tall, but most individuals less than 5 cm (2.0 in)); 1.8 to 7.5 cm (0.7 to 3.0 in) in diameter (most individuals less than 5 cm (2.0 in)); with (usually) 13 tuberclebearing ribs Spines Spines occur in clusters within the areoles at tip of tubercles Spines occur in clusters within the areoles at tip of tubercles Spines occur in clusters within the areoles at tip of tubercles Areoles Pubescent in juvenile individuals Not pubescent in juvenile individuals Not pubescent in juvenile individuals VerDate Nov<24>2008 16:49 Sep 14, 2009 Jkt 217001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47115 TABLE 1: COMPARISON OF MORPHOLOGY FOR THREE Sclerocactus SPECIES.—Continued Sclerocactus glaucus Sclerocactus wetlandicus Sclerocactus brevispinus Radial Spines 2 to 12 (usually 6 to 8) per cluster; white or gray to light brown; up to 17 millimeters (mm) (0.67 in) long; less than 1 mm (0.04 in) in diameter 6 to 14 (usually 6 to 10) per cluster; white, or gray to light brown (rarely black), up to 6 to 20 mm (0.24 to 0.8 in) long; less than 0.6 mm (0.01 in) in diameter 5 to 13 (usually 6 or 7) per cluster; white or gray-to-light brown, up to 5 to 15 mm (0.2 to 0.6 in) long; less than 1 mm (0.04 in) in diameter Central Spines Longer and heavier than radial spines; numbering one to five (usually three: one abaxial and two lateral), 12 to 50 mm (0.5 to 2.0 in) long, and 0.8 to 1.8 mm (0.03 to 0.07 in) thick Usually longer and heavier than radial spines, numbering one to five (usually three: one abaxial and two lateral), are 15 to 30 mm (0.5 to 2.0 in) long, and 0.5 to 1.8 mm (0.02 to 0.07 in) thick Usually longer and heavier than radial spines, numbering 0 to 3 (usually 1: the abaxial, rarely with two laterals), 2 to 5 mm (0.08 to 0.2 in) long, and 0.5 to 1.8 mm (0.02 to 0.07 in) thick Abaxial Spines Usually solitary (sometimes lacking) and ascending toward the apex of the plant body with its tip noticeably bent at an angle usually less than 90 degrees Usually solitary (sometimes lacking or double), and ascending toward the apex of the plant body with its tip usually noticeably bent at an angle usually less than 90 degrees (sometimes straight, or rarely hooked up to 180 degrees) Solitary (sometimes lacking) and usually descending away from the apex of the plant body with entire spine bent or in short spines (1 to 3 mm (0.04 to 0.12 in) long), strongly hooked with the tip almost touching the surface of the areole Lateral Spines Usually displayed in pairs on either side of the abaxial spine; they are of approximately the same length and thickness but are relatively straight without obvious bent tip of the abaxial spine; these diverge from abaxial spine at an acute angle, usually between 20 and 50 degrees Usually displayed in pairs on either side of the abaxial spine and are of approximately same length and thickness but are more or less straight without obvious bent tip of abaxial spine; these diverge from the abaxial spine at acute angle, usually between 20 and 50 degrees Usually absent; when present, are on either side of abaxial spine and are of approximately same length and thickness, more or less straight without the obvious bend or hook of abaxial spine, and diverge from abaxial spine at acute angle (usually between 20 and 50 degrees) Flowers Fragrant and funnelform (funnelshaped) or rarely campanulate (bellshaped), 3 to 6 cm (1.2 to 2.4 in) long, and 3 to 5 cm (1.2 to 2.0 in) in diameter Fragrant and funnelform, 2 to 5 cm (0.8 to 2 in) long and 2 to 5 cm (0.8 to 2 in) in diameter Campanulate 1.0 to 1.5 cm (0.4 to 0.6 in) (occasionally up to 3 cm (1.2 in)) high, and 1.2 to 3 cm (0.4 to 1.2 in) in diameter Tepals (the colored corolla parts of the cactus flower) Consist of two whorls. Outer: 20 to 30 tepals; have broad, greenish-lavender midstripe with pink margins, and are oblanceolate; tepals transition from small, leaf-like scales low on the floral tube to petal-like structures near rim of floral tube; are 4 to 30 mm (0.16 to 1.2 in) long and 4 to 6 mm (0.16 to 0.24 in) wide. Inner: 12 to 20 tepals, pale pink to dark pink, oblanceolate to lanceolate, and 25 to 35 mm (1 to 1.4 in) long and 4 to 6 mm (0.16 to 0.24 in) wide; borne at rim of floral tube Consist of two whorls. Outer: 20 to 30 tepals; have broad, brownish-lavender midstripe with pink to violet margins; oblanceolate, transition from small leaf-like scales low on the floral tube to petal-like structures near the rim of the floral tube, and are 4 to 30 mm (0.16 to 1.2 in) long and 4 to 6 mm (0.16 to 0.24 in) wide. Inner: 12 to 20 tepals; pink to violet, oblanceolate to lanceolate, are 17 to 30 mm (0.67 to 1.2 in) long, and 3 to 6 mm (0.12 to 0.24 in) wide; borne at rim of floral tube Consist of two whorls. Outer: 20 to 30 tepals; greenish to purple with a brownish midstripe and pink or purple margins; oblanceolate and transition from small, leaf-like scales low on the floral tube to petal-like structures near the rim of the floral tube; 4 to 16 mm (0.16 to 0.63 in) long and 2 to 6 mm (0.08 to 0.24 in) wide. Inner: 12 to 20 tepals; pink to purple, oblanceolate to lanceolate, 10 to 22 mm (0.40 to 0.87 in) long and 3 to 7 mm (0.12 to 0.28 in) wide; borne at rim of floral tube Stamens Numerous, have yellow anthers a:ttached by filaments (from green to white) to the interior surface of the floral tube Numerous, with yellow anthers attached by green-to-white filaments to the interior surface of the floral tube Numerous, with yellow anthers attached by green-to-white filaments to the interior surface of the floral tube Floral Tube Arises from upper margin of the seedproducing ovary Arises from upper margin of the seedproducing ovary Arises from the upper margin of the seed-producing ovary Ovary srobinson on DSKHWCL6B1PROD with RULES Characteristic Bears one style (from pink to yellow) with stigma of about 12 lobes. After pollination, ovary ripens into dry fruit in approximately 4 to 6 weeks, with 15 to 30 seeds turning from green to brown Bears one style (from pink to yellow) with stigma of about 12 lobes. After pollination, ovary ripens into dry fruit in about 4 to 6 weeks, with 15 to 30 seeds turning from green to brown Bears one style (from pink to yellow) with stigma of about 12 lobes. After pollination, ovary ripens into dry fruit in about 4 to 6 weeks, with 15 to 30 seeds turning from green to brown Fruit Ovoid, barrel-shaped, 9 to 30 mm (0.35 to 1.2 in) long (usually less than 22 mm (0.87 in) long), and 8 to 12 mm (0.31 to 0.47 in) wide Ovoid, barrel-shaped, 9 to 30 mm (0.35 to 1.2 in) long (usually less than 25 mm (1 in) long), and 7 to 12 mm (0.28 to 0.47 in) wide Ovoid, barrel-shaped, 9 to 30 mm (0.35 to 1.2 in) long (usually less than 25 mm (1 in) long), and 7 to 12 mm (0.28 to 0.47 in) wide VerDate Nov<24>2008 16:49 Sep 14, 2009 Jkt 217001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1 47116 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations TABLE 1: COMPARISON OF MORPHOLOGY FOR THREE Sclerocactus SPECIES.—Continued Characteristic Sclerocactus glaucus Sclerocactus wetlandicus Sclerocactus brevispinus Seeds Black, asymmetrically elongated, with hilum (seed scar at point of attachment to ovary wall) near side of smaller seed lobe; 1.5 mm (0.06 in) wide and 2.5 mm (0.1 in) long; testa (seed coat) covered by rounded papillae Black, asymmetrically elongated, with hilum near side of smaller seed lobe; 1.5 mm (0.06 in) wide and 2.5 mm (0.1 in) long; testa composed of hexagonal papillae with flattened tops Black, asymmetrically elongated, with hilum near the side of the smaller seed lobe; 1.5 mm (0.06 in) wide and 2.5 mm (0.1 in) long; testa composed of hexagonal papillae with flattened tops Main Differences Seed characteristics with areole pubescence of juvenile individuals are the most consistent morphological characteristics separating S. glaucus from S. wetlandicus and S. brevispinus Testa characteristics are the most consistent morphological characteristics separating S. wetlandicus and S. brevispinus from S. glaucus Diminutive nature of central spines and overall plant size are the most consistent morphological characteristics separating S. brevispinus from S. wetlandicus and S. glaucus. Testa characteristics are the most consistent morphological characteristics separating S. wetlandicus and S. brevispinus from S. glaucus Required Determinations Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This rule does not contain any new collections of information that require approval by OMB under the Paperwork Reduction Act. This rule will not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act We have determined that we do not need to prepare an Environmental Assessment or an Environmental Impact Statement as defined under the authority of the National Environmental Policy Act of 1969, in connection with regulations adopted pursuant to section 4(a) of the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 (48 FR 49244). References Cited A complete list of all references cited is available upon request from the Supervisor at the U.S. Fish and Wildlife Service, Utah Field Office (see ADDRESSES). Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: ■ PART 17—[AMENDED] 1. The authority citation for part 17 continues to read as follows: ■ Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99625, 100 Stat. 3500; unless otherwise noted. 2. Amend § 17.12(h) by revising the entry for Sclerocactus glaucus, and by adding entries for Sclerocactus brevispinus and Sclerocactus wetlandicus, in alphabetical order under FLOWERING PLANTS, to the List of Endangered and Threatened Plants, to read as follows: ■ Authors The authors of this document are the staff members of the Utah Field Office (see ADDRESSES). List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. ■ Regulation Promulgation § 17.12 * Endangered and threatened plants. * * (h) * * * * Status When listed Species Historic range Scientific name Family Common name * Critical habitat Special rules 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 srobinson on DSKHWCL6B1PROD with RULES * VerDate Nov<24>2008 * Uinta Basin hookless cactus * 16:49 Sep 14, 2009 Jkt 217001 * U.S.A. (UT) * PO 00000 Frm 00070 * Cactaceae * Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM T * 15SER1 * 59 NA * NA Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations Dated: August 24, 2009. Will Shafroth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. E9–22125 Filed 9–14–09; 8:45 am] BILLING CODE 4310–55–S 2. You must remove all ice fishing shelters and all other personal property from the WPAs each day (see § 27.93 of this chapter). 3. Condition A5 applies. * * * * * [FR Doc. E9–22260 Filed 9–14–09; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF THE INTERIOR DEPARTMENT OF COMMERCE Fish and Wildlife Service 50 CFR Part 32 National Oceanic and Atmospheric Administration 2008–2009 Refuge-Specific Hunting and Sport Fishing Regulations 50 CFR Part 648 [Docket No. 0809251266 81485 02] CFR Correction RIN 0648–XQ56 In Title 50 of the Code of Federal Regulations, Parts 18 to 199, revised as of October 1, 2008, on page 347, in § 32.42, following Big Stone National Wildlife Refuge, reinstate Big Stone Wetland Management District to read as follows: § 32.42 srobinson on DSKHWCL6B1PROD with RULES * * Minnesota. * * * Big Stone Wetland Management District A. Migratory Game Bird Hunting. We allow hunting of migratory game birds throughout the district in accordance with State regulations subject to the following conditions: 1. We prohibit the use of motorized boats. 2. We prohibit the construction or use of permanent blinds, stands, or scaffolds. 3. You must remove all personal property, which includes boats, decoys, and blinds brought onto the WPA each day (see §§ 27.93 and 27.94 of this chapter). 4. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season (see § 26.21(b) of this chapter). 5. We prohibit camping. B. Upland Game Hunting. We allow upland game hunting throughout the district in accordance with State regulations subject to the following conditions: Conditions A4 and A5 apply. C. Big Game Hunting. We allow big game hunting throughout the district in accordance with State regulations subject to the following conditions: 1. Hunters may use portable stands. Hunters may not construct or use permanent blinds, permanent platforms, or permanent ladders. 2. You must remove all stands and personal property from the WPAs each day (see §§ 27.93 and 27.94 of this chapter). 3. We prohibit hunters occupying ground and tree stands that are illegally set up or constructed. 4. Condition A5 applies. D. Sport Fishing. We allow fishing throughout the district in accordance with State regulations subject to the following conditions: 1. We prohibit the use of motorized boats. VerDate Nov<24>2008 19:36 Sep 14, 2009 Jkt 217001 Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2009 Winter II Quota 47117 Winter II quota of 1,349,751 lb (612 mt). Because the amount transferred is less than 499,999 lb (227 mt), the possession limit per trip will remain 2,000 lb (907 kg) during the Winter II quota period, consistent with the final rule Winter I to Winter II possession limit increase table (table 4) published in the 2009 final scup specifications (74 FR 35, January 2, 2009). Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 10, 2009. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–22176 Filed 9–14–09; 8:45 am] National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. BILLING CODE 3510–22–S SUMMARY: NMFS adjusts the 2009 Winter II commercial scup quota. This action complies with Framework Adjustment 3 (Framework 3) to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which established a process to allow the rollover of unused commercial scup quota from the Winter I period to the Winter II period. DATES: Effective September 15, 2009, through December 31, 2009. FOR FURTHER INFORMATION CONTACT: Sarah Bland, Fishery Management Specialist, (978) 281–9257. SUPPLEMENTARY INFORMATION: NMFS published a final rule in the Federal Register on November 3, 2003 (68 FR 62250), implementing a process, for years in which the full Winter I commercial scup quota is not harvested, to allow unused quota from the Winter I period (January 1 through April 30) to be added to the quota for the Winter II period (November 1 through December 31), and to allow adjustment of the commercial possession limits for the Winter II period commensurate with the amount of quota rolled over from the Winter I period. For 2009, the initial Winter II quota is 1,334,791 lb (605 mt), and the best available landings information indicates that 14,960 lb (7 mt) remain of the Winter I quota of 3,777,443 lb (1,713 mt). Consistent with the intent of Framework 3, the full amount of unused 2009 Winter I quota is transferred to Winter II, resulting in a revised 2009 50 CFR Part 648 AGENCY: PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No.070817467–8554–02] RIN 0648–XR58 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Limited Access General Category Scallop Fishery to Individual Fishing Quota Scallop Vessels AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS announces that the Limited Access General Category (LAGC) scallop fishery will close to individual fishing quota (IFQ) scallop vessels (including vessels issued an IFQ letter of authorization (LOA) to fish under appeal), effective 0001 hours, September 15, 2009, until it re-opens on December 1, 2009, under current regulations. This action is based on the determination that the third quarter scallop total allowable catch (TAC) for LAGC IFQ scallop vessels is projected to be landed. This will prevent IFQ scallop vessels from exceeding the 2009 third quarter TAC, in accordance with the regulations implementing Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (FMP), enacted by Framework 19 to the FMP, and the E:\FR\FM\15SER1.SGM 15SER1

Agencies

[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Rules and Regulations]
[Pages 47112-47117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22125]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R6-ES-2009-0035]
[MO9221050083-B2]
RIN 1018-AW24


Endangered and Threatened Wildlife and Plants; Taxonomic Change 
of Sclerocactus Glaucus to Three Separate Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
revised taxonomy of Sclerocactus glaucus (Uinta Basin hookless cactus) 
under the Endangered Species Act of 1973, as amended (Act). We 
determine that S. glaucus (previously considered a complex), which is 
currently listed as a threatened species, is actually three distinct 
species: S. brevispinus, S. glaucus, and S. wetlandicus. We are 
revising the List of Endangered and Threatened Plants to reflect the 
scientifically accepted taxonomy and nomenclature of these species. In 
addition, we revise the common names for these species as follows: S. 
brevispinus (Pariette cactus), S. glaucus

[[Page 47113]]

(Colorado hookless cactus), and S. wetlandicus (Uinta Basin hookless 
cactus). These three species will continue to be listed as threatened 
with no regulatory changes.

DATES: This rule is effective on October 15, 2009.

ADDRESSES: Comments and materials received, as well as supporting 
documentation used in the preparation of this final rule, are available 
for public inspection, by appointment, during normal business hours, at 
the Utah Field Office, U.S. Fish and Wildlife Service, 2369 W. Orton 
Circle, Suite 50, West Valley City, UT 84119; telephone 801-975-3330. 
The final rule is also available on the Internet at http://www.regulations.gov and at http://www.fws.gov/mountain-prairie/species/plants/pariettecactus/.

FOR FURTHER INFORMATION CONTACT: Larry Crist, Field Supervisor, Utah 
Field Office (see ADDRESSES) (telephone 801-975-3330). People who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    Section 17.12(b) of Title 50 of the Code of Federal Regulations 
(CFR) requires us to use the most recently accepted scientific name of 
any species determined by the Service to be an endangered or threatened 
species. This final rule documents a taxonomic change (scientific and 
common names) to an entry on the List of Endangered and Threatened 
Plants (50 CFR 17.12(h)). We find that Sclerocactus glaucus (Uinta 
Basin hookless cactus), as listed under section 4 of the Act (16 U.S.C. 
1531 et seq.), is three separate species: S. brevispinus (Pariette 
cactus), S. glaucus (Colorado hookless cactus), and S. wetlandicus 
(Uinta Basin hookless cactus). Previously, these three species were 
scientifically classified under the single scientific name of S. 
glaucus (Benson 1966, pp. 50-57; 1982, pp. 728-729). We make this 
change to the List of Endangered and Threatened Plants (50 CFR 
17.12(h)) to reflect the most recently accepted scientific names in 
accordance with 50 CFR 17.12(b).
    These three species will now be listed as threatened under the Act 
until we conduct a five-factor analysis for each species. As soon as 
our staff and funding resources allow, we will publish a document in 
the Federal Register that provides the updated five-factor analysis and 
the prudency determination for critical habitat for each of the three 
species, and requests public comment on our analyses and prudency 
determinations.

Previous Federal Actions

    On October 11, 1979, we published a final rule listing Sclerocactus 
glaucus (Uinta Basin hookless cactus) as threatened (44 FR 58868).
    On February 3, 1997, we received a petition from the National 
Wilderness Institute to remove Sclerocactus glaucus from the List of 
Endangered and Threatened Plants. On April 25, 2005, we received a 
petition from the Center for Native Ecosystems and the Utah Native 
Plant Society requesting that we list S. brevispinus (Pariette cactus) 
as an endangered or threatened species under the Act (independent of 
its current listing as threatened as part of S. glaucus) and that we 
designate critical habitat.
    On December 14, 2006, we published a 90-day finding on both 
petitions (71 FR 75215). First, we found that the petition to remove 
Sclerocactus glaucus from the List of Endangered and Threatened Plants 
did not provide substantial information to indicate that delisting may 
be warranted. Second, we found that the petition to list S. brevispinus 
(Pariette cactus) as an endangered or threatened species provided 
substantial information to indicate that independent listing of S. 
brevispinus as endangered or threatened may be warranted, and we 
initiated a status review. In addition, we found that emergency listing 
of S. brevispinus was not warranted, and that designation of critical 
habitat was not prudent. Further, we defined our understanding of the 
``Sclerocactus glaucus complex'' as including the three Sclerocactus 
species: S. brevispinus, S. glaucus, and S. wetlandicus.
    On September 18, 2007, we published a 12-month finding (72 FR 
53211) on Sclerocactus brevispinus (Pariette cactus). We found that 
reclassifying S. brevispinus as a single species and listing that 
species as endangered was warranted, but precluded by higher priority 
actions to amend the Lists of Endangered and Threatened Wildlife and 
Plants. However, S. brevispinus remains listed as threatened as part of 
the S. glaucus (Uinta Basin hookless cactus) complex.
    The September 18, 2007, publication (72 FR 53211) also announced 
our proposal to revise the taxonomy of Sclerocactus glaucus (Uinta 
Basin hookless cactus) to recognize three separate species. In 
accordance with the best available scientific information, we proposed 
to recognize three distinct species and assign the following common 
names: S. brevispinus (Pariette cactus), S. glaucus (Colorado hookless 
cactus), and S. wetlandicus (Uinta Basin hookless cactus). We also 
stated that S. glaucus and S. wetlandicus continued to meet the 
definition of ``threatened'' under the Act, and that listing S. 
brevispinus as endangered under the Act was warranted, but precluded by 
higher priority actions.

Comments on Proposed Taxonomic Classification

Peer Review

    In accordance with our joint policy published in the Federal 
Register on July 1, 1994 (59 FR 34270), and based on our implementation 
of the Office of Management and Budget's Final Information Quality 
Bulletin for Peer Review, dated December 16, 2004, we sought the expert 
opinions of appropriate and independent specialists regarding the 
science in our proposed rule. The basis for the proposed taxonomic 
change has appeared in peer-reviewed journals (Succulenta, A Utah 
Flora, Flora of North America). In addition, we solicited the opinions 
of seven specialists in general plant taxonomy, and the taxonomy and 
ecology of the Sclerocactus glaucus in particular. We received peer 
reviews from three individuals, Dr. Bruce Glisson, Dr. Leila Shultz, 
and Professor Kenneth Heil. All agreed with our taxonomic analysis of 
the ``Sclerocactus glaucus complex'' and its component species.

Other Comments

    We received three comments from the public on our proposal to 
designate Sclerocactus brevispinus, S. glaucus, and S. wetlandicus as 
separate species under the Act. All three comments indicated strong 
agreement with the proposed taxonomic changes and with listing S. 
brevispinus as endangered. All three comments also expressed concern 
about the ``warranted but precluded'' finding for S. brevispinus, 
because the commenters believed that listing the species as endangered 
should not be delayed.

Species Information

Taxonomic Classification

    The original listing rule for Sclerocactus glaucus (44 FR 58868; 
October 11, 1979) included all hookless (straight central spines) 
Sclerocactus populations at the extreme periphery of the Sclerocactus 
distribution in western Colorado and northeastern Utah, and referred to 
them as S. glaucus per Benson (1966, pp. 50-57; 1982, pp. 728-729). 
This taxonomic classification is no longer supported by the results of

[[Page 47114]]

genetic and morphological research. The separation of S. glaucus into 
three species (S. brevispinus, S. glaucus, and S. wetlandicus) is 
reinforced by recent genetic studies (Porter et al. 2000, pp. 14, 16; 
Porter et al. 2007, pp. 8, 9, 11, 15, 23), common garden experiments 
(to determine in a controlled environment whether plants exhibit 
different morphological characteristics when grown under different 
conditions) (Hochstatter 1993b, pp. 94, 98; Welsh et al. 2003, p. 79), 
and a reevaluation of morphological characteristics (Heil and Porter 
2004, pp. 200-201; Hochstatter 1989, pp. 123-125; Hochstatter 1993a, 
pp. 85-92; Hochstatter 1993b, pp. 93, 97, 99; Porter et al. 2007, pp. 
13, 15, 24-25).
    Revisions to the taxonomy of Sclerocactus glaucus began in 1989 
(Hochstatter 1989, pp. 123-125; Hochstatter 1993a , pp. 85-92; 
Hochstatter 1993b, pp. 91-92; Heil and Porter 1994, pp. 25-27; Porter 
et al. 2000, pp. 8-23; Welsh et al. 2003, p. 79). By 2004, the Flora of 
North America recognized the plant S. glaucus (that we listed in 1979; 
44 FR 58868; October 11, 1979) as three distinct species: S. 
brevispinus (Pariette cactus), S. glaucus (Uinta Basin hookless 
cactus), and S. wetlandicus (no common name). The Flora of North 
America (Heil and Porter 2004, pp. 197-207) recognizes 15 species in 
the genus Sclerocactus, including S. brevispinus, S. glaucus, and S. 
wetlandicus.
    Sclerocactus brevispinus (Pariette cactus) is a morphologically 
unique Sclerocactus population, occurring only in the Pariette Draw in 
the central Uinta Basin in Utah. This cactus is much smaller than 
either S. glaucus or S. wetlandicus and retains the vegetative 
characteristics of juvenile S. wetlandicus individuals in adult 
flowering plants. At the time of the species listing in 1979, these 
smaller individuals were thought to represent an ecotypic variation of 
S. glaucus. This unique cactus from Pariette Draw has been variously 
named S. wetlandicus var. ilseae (Hochstatter 1993b, pp. 95-97), S. 
brevispinus (Heil and Porter 1994, p. 26), and S. whipplei var. ilseae 
(Welsh et al. 2003, p. 79). We have adopted the taxonomic nomenclature 
accepted by the Flora of North America (Heil and Porter 2004, pp. 197-
207) and adopt a new common name: S. brevispinus (Pariette cactus).
    Sclerocactus glaucus (former common name was Uinta Basin hookless 
cactus; now Colorado hookless cactus) is endemic to western Colorado. 
Its former common name in the List of Endangered and Threatened Plants 
referred to a geographical area in Utah. Therefore, the common name was 
a misnomer that more accurately applies to S. wetlandicus (which 
formerly had no common name). Colorado hookless cactus is a more 
applicable common name for S. glaucus.
    Sclerocactus wetlandicus (new common name is Uinta Basin hookless 
cactus) was first described in 1989 (Hochstatter 1993b, pp. 91-92), and 
comprises the bulk of the previously termed Uinta Basin hookless cactus 
complex in Utah (in the Uinta Basin proper). Its population is 
significantly disjunct from that of S. glaucus in Colorado. The common 
name ``Uinta Basin hookless cactus'' is appropriate for this species.

Species Descriptions

    Cacti species of the Uinta Basin hookless cactus complex are a 
small ball- or barrel-shaped cactus, usually with straight 
(``hookless'' as opposed to ``fishhook'' in most other species within 
the genus) central spines. Benson (1966, p. 53) describes Sclerocactus 
glaucus as a leafless, succulent plant in the cactus family; with 
solitary, ovoid to nearly globular stems that are 3.8 to 17.8 
centimeters (cm) (1.5 to 7 inches (in)) tall and 2.5 to 11.4 cm (1 to 
4.5 in) in diameter; with about 12 ribs with spine clusters born on 
tubercles (short protuberances) arising from the ribs.
    These cacti have two types of spines (radial and central) and two 
types of central spines (abaxial and lateral). These spines are defined 
by size and position on the plant:
    (1) The 4 to 12 radial spines radiate around the margin of the 
areole (a distinct non-photosynthetic surface area bearing spines), 
extend in a plane roughly parallel to the body of the plant, and are 
usually white, less than 2.5 cm (1 in) in length, and much finer and 
shorter than the dark central spines.
    (2) The central spines number from 1 to 4 (sometimes absent), are 
2.5 to 3.8 cm (1 to 1.5 in) long (generally longer than radial spines), 
and extend from the center of the areole. The central spines include 
abaxial and lateral forms:
     Abaxial spines are typically single and often longer than 
lateral spines.
     Lateral spines are often displayed in pairs on either side 
of the abaxial spine.
    Flowers have numerous pinkish to lavender perianth parts (sepaloids 
[outer whorls, usually greenish] and petaloids [inner whorls, usually 
non-green]) and are 2.5 to 5.1 cm (1 to 2 in) in diameter and length. 
Flower stamens are numerous, with yellow anthers (the male pollen-
bearing structures) and green filaments (structures that display the 
anthers). The fruit is barrel-shaped, 0.8 to 1.3 cm (0.3 to 0.5 in) 
long, and about 0.8 cm (0.3 in) in diameter. The seeds are small and 
black.
    The revised species descriptions in Table 1 are based on those by 
Hochstatter (2005, pp. 14-18, 37-38) and Heil and Porter (2004, pp. 
200-201) as used in the Flora of North America.

                        Table 1: Comparison of morphology for three Sclerocactus species.
----------------------------------------------------------------------------------------------------------------
                                                                      Sclerocactus             Sclerocactus
            Characteristic               Sclerocactus glaucus         wetlandicus              brevispinus
----------------------------------------------------------------------------------------------------------------
Plant Description                      Leafless, stem-          Leafless, stem-          Leafless, stem-
                                        succulent plant with     succulent plant with     succulent plant with a
                                        short cylindrical to     short, cylindrical to    depressed-spherical to
                                        ovoid body, usually 3    elongate-cylindrical     short-cylindrical
                                        to12 cm (1.2 to 4.8      body, usually 3 to 15    body, usually 2.5 to
                                        in) tall, but up to 30   cm (1.2 to 6.0 in)       8.5 cm (1.0 to 3.4 in)
                                        cm (12 in) tall; 4 to    tall, but up to 25 cm    tall, but most
                                        9 cm (1.6 to 3.6 in)     (10 in)); 4 to 12 cm     individuals less than
                                        diameter; with 8 to 15   (1.6 to 4.8 in)          5 cm (2.0 in)); 1.8 to
                                        (usually 12 or 13)       diameter; with 12 to     7.5 cm (0.7 to 3.0 in)
                                        tubercle-bearing ribs    15 tubercle-bearing      in diameter (most
                                                                 ribs                     individuals less than
                                                                                          5 cm (2.0 in)); with
                                                                                          (usually) 13 tubercle-
                                                                                          bearing ribs
----------------------------------------------------------------------------------------------------------------
Spines                                 Spines occur in          Spines occur in          Spines occur in
                                        clusters within the      clusters within the      clusters within the
                                        areoles at tip of        areoles at tip of        areoles at tip of
                                        tubercles                tubercles                tubercles
----------------------------------------------------------------------------------------------------------------
Areoles                                Pubescent in juvenile    Not pubescent in         Not pubescent in
                                        individuals              juvenile individuals     juvenile individuals
----------------------------------------------------------------------------------------------------------------

[[Page 47115]]

 
Radial Spines                          2 to 12 (usually 6 to    6 to 14 (usually 6 to    5 to 13 (usually 6 or
                                        8) per cluster; white    10) per cluster;         7) per cluster; white
                                        or gray to light         white, or gray to        or gray-to-light
                                        brown; up to 17          light brown (rarely      brown, up to 5 to 15
                                        millimeters (mm) (0.67   black), up to 6 to 20    mm (0.2 to 0.6 in)
                                        in) long; less than 1    mm (0.24 to 0.8 in)      long; less than 1 mm
                                        mm (0.04 in) in          long; less than 0.6 mm   (0.04 in) in diameter
                                        diameter                 (0.01 in) in diameter
----------------------------------------------------------------------------------------------------------------
Central Spines                         Longer and heavier than  Usually longer and       Usually longer and
                                        radial spines;           heavier than radial      heavier than radial
                                        numbering one to five    spines, numbering one    spines, numbering 0 to
                                        (usually three: one      to five (usually         3 (usually 1: the
                                        abaxial and two          three: one abaxial and   abaxial, rarely with
                                        lateral), 12 to 50 mm    two lateral), are 15     two laterals), 2 to 5
                                        (0.5 to 2.0 in) long,    to 30 mm (0.5 to 2.0     mm (0.08 to 0.2 in)
                                        and 0.8 to 1.8 mm        in) long, and 0.5 to     long, and 0.5 to 1.8
                                        (0.03 to 0.07 in)        1.8 mm (0.02 to 0.07     mm (0.02 to 0.07 in)
                                        thick                    in) thick                thick
----------------------------------------------------------------------------------------------------------------
Abaxial Spines                         Usually solitary         Usually solitary         Solitary (sometimes
                                        (sometimes lacking)      (sometimes lacking or    lacking) and usually
                                        and ascending toward     double), and ascending   descending away from
                                        the apex of the plant    toward the apex of the   the apex of the plant
                                        body with its tip        plant body with its      body with entire spine
                                        noticeably bent at an    tip usually noticeably   bent or in short
                                        angle usually less       bent at an angle         spines (1 to 3 mm
                                        than 90 degrees          usually less than 90     (0.04 to 0.12 in)
                                                                 degrees (sometimes       long), strongly hooked
                                                                 straight, or rarely      with the tip almost
                                                                 hooked up to 180         touching the surface
                                                                 degrees)                 of the areole
----------------------------------------------------------------------------------------------------------------
Lateral Spines                         Usually displayed in     Usually displayed in     Usually absent; when
                                        pairs on either side     pairs on either side     present, are on either
                                        of the abaxial spine;    of the abaxial spine     side of abaxial spine
                                        they are of              and are of               and are of
                                        approximately the same   approximately same       approximately same
                                        length and thickness     length and thickness     length and thickness,
                                        but are relatively       but are more or less     more or less straight
                                        straight without         straight without         without the obvious
                                        obvious bent tip of      obvious bent tip of      bend or hook of
                                        the abaxial spine;       abaxial spine; these     abaxial spine, and
                                        these diverge from       diverge from the         diverge from abaxial
                                        abaxial spine at an      abaxial spine at acute   spine at acute angle
                                        acute angle, usually     angle, usually between   (usually between 20
                                        between 20 and 50        20 and 50 degrees        and 50 degrees)
                                        degrees
----------------------------------------------------------------------------------------------------------------
Flowers                                Fragrant and funnelform  Fragrant and             Campanulate 1.0 to 1.5
                                        (funnel-shaped) or       funnelform, 2 to 5 cm    cm (0.4 to 0.6 in)
                                        rarely campanulate       (0.8 to 2 in) long and   (occasionally up to 3
                                        (bell-shaped), 3 to 6    2 to 5 cm (0.8 to 2      cm (1.2 in)) high, and
                                        cm (1.2 to 2.4 in)       in) in diameter          1.2 to 3 cm (0.4 to
                                        long, and 3 to 5 cm                               1.2 in) in diameter
                                        (1.2 to 2.0 in) in
                                        diameter
----------------------------------------------------------------------------------------------------------------
Tepals (the colored corolla parts of   Consist of two whorls.   Consist of two whorls.   Consist of two whorls.
 the cactus flower)                     Outer: 20 to 30          Outer: 20 to 30          Outer: 20 to 30
                                        tepals; have broad,      tepals; have broad,      tepals; greenish to
                                        greenish-lavender        brownish-lavender        purple with a brownish
                                        midstripe with pink      midstripe with pink to   midstripe and pink or
                                        margins, and are         violet margins;          purple margins;
                                        oblanceolate; tepals     oblanceolate,            oblanceolate and
                                        transition from small,   transition from small    transition from small,
                                        leaf-like scales low     leaf-like scales low     leaf-like scales low
                                        on the floral tube to    on the floral tube to    on the floral tube to
                                        petal-like structures    petal-like structures    petal-like structures
                                        near rim of floral       near the rim of the      near the rim of the
                                        tube; are 4 to 30 mm     floral tube, and are 4   floral tube; 4 to 16
                                        (0.16 to 1.2 in) long    to 30 mm (0.16 to 1.2    mm (0.16 to 0.63 in)
                                        and 4 to 6 mm (0.16 to   in) long and 4 to 6 mm   long and 2 to 6 mm
                                        0.24 in) wide. Inner:    (0.16 to 0.24 in)        (0.08 to 0.24 in)
                                        12 to 20 tepals, pale    wide. Inner: 12 to 20    wide. Inner: 12 to 20
                                        pink to dark pink,       tepals; pink to          tepals; pink to
                                        oblanceolate to          violet, oblanceolate     purple, oblanceolate
                                        lanceolate, and 25 to    to lanceolate, are 17    to lanceolate, 10 to
                                        35 mm (1 to 1.4 in)      to 30 mm (0.67 to 1.2    22 mm (0.40 to 0.87
                                        long and 4 to 6 mm       in) long, and 3 to 6     in) long and 3 to 7 mm
                                        (0.16 to 0.24 in)        mm (0.12 to 0.24 in)     (0.12 to 0.28 in)
                                        wide; borne at rim of    wide; borne at rim of    wide; borne at rim of
                                        floral tube              floral tube              floral tube
----------------------------------------------------------------------------------------------------------------
Stamens                                Numerous, have yellow    Numerous, with yellow    Numerous, with yellow
                                        anthers a:ttached by     anthers attached by      anthers attached by
                                        filaments (from green    green-to-white           green-to-white
                                        to white) to the         filaments to the         filaments to the
                                        interior surface of      interior surface of      interior surface of
                                        the floral tube          the floral tube          the floral tube
----------------------------------------------------------------------------------------------------------------
Floral Tube                            Arises from upper        Arises from upper        Arises from the upper
                                        margin of the seed-      margin of the seed-      margin of the seed-
                                        producing ovary          producing ovary          producing ovary
----------------------------------------------------------------------------------------------------------------
Ovary                                  Bears one style (from    Bears one style (from    Bears one style (from
                                        pink to yellow) with     pink to yellow) with     pink to yellow) with
                                        stigma of about 12       stigma of about 12       stigma of about 12
                                        lobes. After             lobes. After             lobes. After
                                        pollination, ovary       pollination, ovary       pollination, ovary
                                        ripens into dry fruit    ripens into dry fruit    ripens into dry fruit
                                        in approximately 4 to    in about 4 to 6 weeks,   in about 4 to 6 weeks,
                                        6 weeks, with 15 to 30   with 15 to 30 seeds      with 15 to 30 seeds
                                        seeds turning from       turning from green to    turning from green to
                                        green to brown           brown                    brown
----------------------------------------------------------------------------------------------------------------
Fruit                                  Ovoid, barrel-shaped, 9  Ovoid, barrel-shaped, 9  Ovoid, barrel-shaped, 9
                                        to 30 mm (0.35 to 1.2    to 30 mm (0.35 to 1.2    to 30 mm (0.35 to 1.2
                                        in) long (usually less   in) long (usually less   in) long (usually less
                                        than 22 mm (0.87 in)     than 25 mm (1 in)        than 25 mm (1 in)
                                        long), and 8 to 12 mm    long), and 7 to 12 mm    long), and 7 to 12 mm
                                        (0.31 to 0.47 in) wide   (0.28 to 0.47 in) wide   (0.28 to 0.47 in) wide
----------------------------------------------------------------------------------------------------------------

[[Page 47116]]

 
Seeds                                  Black, asymmetrically    Black, asymmetrically    Black, asymmetrically
                                        elongated, with hilum    elongated, with hilum    elongated, with hilum
                                        (seed scar at point of   near side of smaller     near the side of the
                                        attachment to ovary      seed lobe; 1.5 mm        smaller seed lobe; 1.5
                                        wall) near side of       (0.06 in) wide and 2.5   mm (0.06 in) wide and
                                        smaller seed lobe; 1.5   mm (0.1 in) long;        2.5 mm (0.1 in) long;
                                        mm (0.06 in) wide and    testa composed of        testa composed of
                                        2.5 mm (0.1 in) long;    hexagonal papillae       hexagonal papillae
                                        testa (seed coat)        with flattened tops      with flattened tops
                                        covered by rounded
                                        papillae
----------------------------------------------------------------------------------------------------------------
Main Differences                       Seed characteristics     Testa characteristics    Diminutive nature of
                                        with areole pubescence   are the most             central spines and
                                        of juvenile              consistent               overall plant size are
                                        individuals are the      morphological            the most consistent
                                        most consistent          characteristics          morphological
                                        morphological            separating S.            characteristics
                                        characteristics          wetlandicus and S.       separating S.
                                        separating S. glaucus    brevispinus from S.      brevispinus from S.
                                        from S. wetlandicus      glaucus                  wetlandicus and S.
                                        and S. brevispinus                                glaucus. Testa
                                                                                          characteristics are
                                                                                          the most consistent
                                                                                          morphological
                                                                                          characteristics
                                                                                          separating S.
                                                                                          wetlandicus and S.
                                                                                          brevispinus from S.
                                                                                          glaucus
----------------------------------------------------------------------------------------------------------------

Required Determinations

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act. This rule 
will not impose recordkeeping or reporting requirements on State or 
local governments, individuals, businesses, or organizations. An agency 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    We have determined that we do not need to prepare an Environmental 
Assessment or an Environmental Impact Statement as defined under the 
authority of the National Environmental Policy Act of 1969, in 
connection with regulations adopted pursuant to section 4(a) of the 
Act. We published a notice outlining our reasons for this determination 
in the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of all references cited is available upon request 
from the Supervisor at the U.S. Fish and Wildlife Service, Utah Field 
Office (see ADDRESSES).

Authors

    The authors of this document are the staff members of the Utah 
Field Office (see ADDRESSES).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

0
Regulation Promulgation
0
 Accordingly, we amend part 17, subchapter B of chapter I, title 50 of 
the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

0
2. Amend Sec.  17.12(h) by revising the entry for Sclerocactus glaucus, 
and by adding entries for Sclerocactus brevispinus and Sclerocactus 
wetlandicus, in alphabetical order under FLOWERING PLANTS, to the List 
of Endangered and Threatened Plants, to read as follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species
------------------------------------------------  Historic range        Family            Status         When listed        Critical      Special rules
       Scientific name            Common name                                                                               habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    FLOWERING PLANTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sclerocactus brevispinus       Pariette cactus   U.S.A. (UT)       Cactaceae         T                 59               NA               NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sclerocactus glaucus           Colorado          U.S.A. (CO)       Cactaceae         T                 59               NA               NA
                                hookless cactus
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sclerocactus wetlandicus       Uinta Basin       U.S.A. (UT)       Cactaceae         T                 59               NA               NA
                                hookless cactus
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------



[[Page 47117]]

    Dated: August 24, 2009.
Will Shafroth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E9-22125 Filed 9-14-09; 8:45 am]
BILLING CODE 4310-55-S