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 

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. 

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. 

(End of clause) 

■ 5. Revise section 1552.245–71 to read 

as follows: 

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) 

1552.245–72 and 1552.245–73 [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 

49 CFR Part 393 

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 

[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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 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 fivefactor 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 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. 728- 

729). This taxonomic classification is no 

longer supported by the results of 


srobinson on DSKHWCL6B1PROD with RULES
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) 

(Hochsta ̈tter 1993b, pp. 94, 98; Welsh et 

al. 2003, p. 79), and a reevaluation of 

morphological characteristics (Heil and 

Porter 2004, pp. 200-201; Hochsta ̈tter 

1989, pp. 123-125; Hochsta ̈tter 1993a, 

pp. 85-92; Hochsta ̈tter 1993b, pp. 93, 97, 

99; Porter et al. 2007, pp. 13, 15, 24-25). 

Revisions to the taxonomy of 

Sclerocactus glaucus began in 1989 

(Hochsta ̈tter 1989, pp. 123-125; 

Hochsta ̈tter 1993a , pp. 85-92; 

Hochsta ̈tter 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 (Hochsta ̈tter 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 

(Hochsta ̈tter 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 

Hochsta ̈tter (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. 

Characteristic Sclerocactus glaucus Sclerocactus wetlandicus Sclerocactus brevispinus 

Plant Description 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 


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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47115 

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; 

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 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 


srobinson on DSKHWCL6B1PROD with RULES
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). 

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 

■ 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. 99- 

625, 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: 

§ 17.12 Endangered and threatened plants. 

* * * * * 

(h) * * * 

Species 

Historic range Family Status When 

listed 

Critical 

habitat 

Special 

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 

* * * * * * 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 32 

2008–2009 Refuge-Specific Hunting 

and Sport Fishing Regulations 

CFR Correction 

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 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. 

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 COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0809251266 81485 02] 

RIN 0648–XQ56 

Fisheries of the Northeastern United 

States; Scup Fishery; Adjustment to 

the 2009 Winter II Quota 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

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 

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] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[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 


srobinson on DSKHWCL6B1PROD with RULES