Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 / Proposed Rules 33901

F. Federal Rules that Overlap,

Duplicate, or Conflict With the Proposed

Rules

57. None.

Ordering Clauses

58. Accordingly, it is ordered, that

pursuant to the authority contained in

sections 4(i), 4(j), 303, 308, 309 and 310

of the Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 154(j), 303,

308, 309 and 310, this Notice of

Proposed Rule Making and Order is

adopted.

List of Subjects

47 CFR Part 73

Radio, reporting and recordkeeping

requirements.

47 CFR Part 74

Radio, Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

[FR Doc. 98–16514 Filed 6–19–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC09

Endangered and Threatened Wildlife

and Plants; Reopening of the

Comment Period on the Proposed

Endangered Status and Notice of

Availability of the Draft Conservation

Agreement for Review and Comment

for Pediocactus winkleri (Winkler

cactus) in Central Utah

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: The Fish and Wildlife Service

provides notice that the comment

period is reopened on a proposal to list

Pediocactus winkleri (Winkler cactus) as

endangered, pursuant to the Endangered

Species Act of 1973 (Act), as amended.

The Service is reopening the comment

period on this proposal and any new

information. In addition, the Service

announces the availability of a draft

conservation agreement for Pediocactus

winkleri, also for public comment. This

conservation agreement is accessible on

the internet at www.blm.gov\utah.

DATES: The comment period on this

proposal and draft conservation

agreement is extended until July 22,

1998.

ADDRESSES: Written comments and

materials concerning the proposal and

draft conservation agreement should be

sent to the Field Supervisor, U.S. Fish

and Wildlife Service, Lincoln Plaza

Suite 404, 145 East 1300 South, Salt

Lake City, Utah 84115. Comments and

materials received will be available for

public inspection, by appointment,

during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT:

John L. England at the above address

(telephone 801/524–5001).

SUPPLEMENTARY INFORMATION:

Background

On October 6, 1993, the Service

proposed to add Pediocactus winkleri

(Winkler cactus) to the list of

endangered and threatened plants (58

FR 52059). At that time Pediocactus

winkleri was known from six

populations with a total population of

about 3,500 plants with a range in

central Utah from near Notom in central

Wayne County to near Fremont Junction

in southwestern Emery County.

Since the closing of the comment

period on December 6, 1993, an

additional population has been

discovered near Ferron in western

Emery County, Utah. In addition,

additional plants have been

documented within previously known

populations. While the documented

numbers of the species have increased

little over the 1993 estimates, the

Service now estimates that the

population may number up to 10,000

plants (Fish and Wildlife Service 1994,

1997). The Bureau of Land Management

and the National Park Service initiated

a comprehensive inventory of the

species within its potential habitat in

the spring of 1998.

The Species continues to be exploited

by cactus collectors. In 1984, the Service

established a population monitoring

transect for P. winkleri in an easily

accessible area that cactus collectors

frequent (Fish and Wildlife Service

1994, 1997). The Service has

periodically monitored this transect,

usually at 2-year intervals. The P.

winkeri population along this transect

declined from 53 plants 1984 to zero

plants in 1997. The Notom population’s

estimated size has declined from about

2,000 individuals in 1984 (Heil 1984) to

an estimated 700 individuals in 1997

(Fish and Wildlife Service 1997). The

Service during its 1997 survey of the

Notom population discovered several

shovel marks within the occupied

habitat of this species. These marks

were at the locations of plants last

observed in 1994 and missing in 1997.

Threats to species and its habitat, from

off-highway vehicles, mining and

quarrying, oil and gas drilling, and

livestock trampling, continue with

varying significance throughout the

species range (Fish and Wildlife Service

1997).

A moratorium on listing actions

(Public Law 104–6) took effect April 10,

1996, and prevented the Service from

making a final decision on this proposal

by the August 1995 administrative

deadline. The moratorium was lifted on

April 26, 1996, when the appropriation

for the Department of the Interior for the

remainder of fiscal year 1996 was

enacted into law. In a Federal Register

document published on May 16, 1996

(61 FR 24722), the Service outline in

detail the history of the moratorium and

indicated the priorities it would follow

in eliminating the listing program

backlog resulting from the moratorium.

Preparation of the final rule for this

proposed species is considered a Tier 2

priority—processing final decisions on

proposed listings. For more information

on the moratorium and the priority for

backlogged listing actions, refer to the

May 16, 1996, Federal Register notice.

The Service does not believe that the

new distributional and population

information has changed the status of

the species. However, we are reopening

the comment period on the proposed

rule to solicit comments on this new

information and request any additional

information on scientific studies

conducted since the comment period

last closed on December 6, 1993.

The Draft Conservation Agreement

was developed by the Bureau of Land

Management, in coordination with the

Park Service, Forest Service, and the

Service. The agreement focuses on

identifying, reducing and eliminating

significant threats to Pediocactus

winkleri (and P. Despainii, a listed

species) that warrant its candidate

status, and on enhancing and

maintaining the species population to

ensure its long term conservation. The

Service also is seeking comments on the

adequacy of the proposed conservation

agreement and whether or not the

agreement will satisfactorily provide for

the species conservation independent of

the Endangered Species Act. The

Service hereby announces reopening of

the comment period until July 22, 1998.

References Cited

Heil, K.D. 1984. Status report on Pediocactus

winkleri. U.S. Fish and Wildlife Service,

Denver, Colorado. 14 pp.
33902 Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 / Proposed Rules

U.S. Fish and Wildlife Service. 1994.

Pediocactus winkleri status report

supplement. Salt Lake City, Utah. 12 pp.

U.S. Fish and Wildlife Service. 1997.

Pediocactus winkleri status report

supplement 2. Salt Lake City, Utah. 11

pp. + append.

Author: The primary author of this

notice is John L. England (see

ADDRESSES above).

Authority.

The authority for this action is the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.).

Dated: June 15, 1998.

Terry T. Terrell,

Deputy Regional Director, Fish and Wildlife

Service.

[FR Doc. 98–16500 Filed 6–19–98; 8:45 am]

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