Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31053

that all applicable rule requirements are

met.

(f) Licensees employing either Class A

narrowband or Class B broadband signal

boosters as defined in § 101.3 are

responsible for correcting any harmful

interference that the equipment may

cause to other systems.

[FR Doc. 96–15266 Filed 6–18–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Office of the Secretary

48 CFR Parts 1452

RIN 1090–AA56

Department of the Interior Acquisition

Regulation; Solicitation Provisions and

Contract Clauses

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule.

SUMMARY: In the interests of

streamlining processes and improving

relationships with contractors, the

Department of the Interior (DOI) is

issuing this final rule which amends 48

CFR Chapter 14 by revising and

updating the Department of the Interior

Acquisition Regulation (DIAR).

EFFECTIVE DATE: July 19, 1996.

FOR FURTHER INFORMATION CONTACT:

Ms. Mary L. McGarvey at (202) 208–

3158, Department of the Interior, Office

of Acquisition and Property

Management, 1849 C. Street N.W.

(MS5522 MIB), Washington, D.C. 20240.

SUPPLEMENTARY INFORMATION:

Background

Under the auspices of the National

Performance Review, a thorough review

of the DIAR was conducted. The review

revealed unnecessary and outdated

regulations, and some excessively

burdensome procedures.

In the interests of streamlining

processes and improving relationships

with contractors, essential portions of

the DIAR are being reinvented, retained

and/or removed in 48 CFR, when

appropriate. The review identified six

Sections to be removed from 48 CFR.

Specifically, 1452.204–70 Release of

Claims; 1452.210–70 Brand Name or

Equal; 1452.224–1 Privacy Act

Notification; 1452.233–1 Service of

Protest; 1452.236–70 Prohibition

Against Use of Lead-based Pain;

1452.237–70 Information Collection. We

changed titles, rewrote language, and

eliminated redundant FAR material

from the Sections and retained them in

the Department of the Interior

Acquisition Regulation.

This final rule is not expected to have

a significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq. An

Initial Regulatory Flexibility Analysis

has, therefore, not been performed.

Required Determinations

The Department believes that public

comment is unnecessary because the

revised material implements standard

Government operating procedures.

Therefore, in accordance with 5 U.S.C.

553(b)(B), the Department finds good

cause to publish this document as a

final rule. This rule was not subject to

Office of Management and Budget

review under Executive Order 12866.

This rule does not contain a collection

of information subject to the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq). In accordance with the

Regulatory Flexibility Act (5 U.S.C. 601

et seq), the Department determined that

this rule will not have a significant

economic impact on a substantial

number of small entities because

minimal requirements are being added

for small businesses and no protections

are being withdrawn. The Department

has determined that this rule does not

constitute a major Federal action having

a significant impact on the human

environment under the National

Environmental Policy Act of 1969. The

Department has certified that this rule

meets the applicable standards provided

in Sections 2(a) and 2(b) of Executive

Order 12778.

List of Subjects in 48 CFR Parts 1452

Government procurement, Reporting

and recordkeeping requirements.

Dated: May 1, 1996.

Bonnie R. Cohen,

Assistant Secretary—Policy, Management

and Budget.

Chapter 14 of Title 48 of the Code of

Federal Regulations is amended as

follows:

PART 1452—[AMENDED]

The authority citation for 48 CFR

parts 1452 continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390; 40

U.S.C. 486(c), and 5 U.S.C. 301.

§§ 1452.204–70, 1452.210–70, 1452.224–1,

1452.233–2, 1452.236–70, 1452.237–70

[Removed]

The following Sections are removed

from 48 CFR Chapter 14: Section

1452.204–70 Release of Claims; Section

1452.210–70 Brand Name or Equal;

Section 1452.224–1 Privacy Act

Notification; Section 1452.233–2

Service of Protest; Section 1452.236–70

Prohibition Against Use of Lead-based

Paint; Section 1452.237–70 Information

Collection.

[FR Doc. 96–15327 Filed 6–18–96; 8:45 am]

BILLING CODE 4310–RF–M

48 CFR Part 1453

RIN 1090–AA57

Department of the Interior Acquisition

Regulation

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule; removal.

SUMMARY: In the interests of

streamlining processes and improving

relationships with contractors, this final

rule amends the Department of the

Interior Acquisition Regulation (DIAR)

by removing 48 CFR 1453 in its entirety.

The material being removed deals with

internal procedures that have minimal

effect outside the agency. The sections

that are not obsolete will be retained as

internal procedures in the Departmental

Manual.

EFFECTIVE DATE: July 19, 1996.

FOR FURTHER INFORMATION CONTACT:

Mary L. McGarvey at (202) 208–3158,

Department of the Interior, Office of

Acquisition and Property Management,

1849 C Street NW (MS5522 MIB),

Washington, DC 20240. Office of

Acquisition and Property Management,

(202) 208–3158.

SUPPLEMENTARY INFORMATION: We

conducted a thorough review of the

DIAR under the auspices of the National

Performance Review. The review

revealed unnecessary and outdated

regulations, and some excessively

burdensome procedures.

In the interests of streamlining

processes and improving relationships

with contractors, nonessential portions

of the DIAR are being removed from the

CFR. Part 1453 Forms, deals with

primarily internal procedures so

codification is not necessary and it is

therefore eliminated in its entirety from

48 CFR.

Required Determinations

The Department believes that public

comment is unnecessary because the

material being removed is outdated or

deals exclusively with internal

procedures. Therefore, in accordance

with 5 U.S.C. 553(b)(B), the Department

finds good cause to publish this

document as a final rule. This rule was

not subject to Office of Management and

Budget review under Executive Order

12866. This rule does not contain a
31054 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

collection of information subject to the

Paperwork Reduction Act of 1995 (Pub.

L. 104–13). In accordance with the

Regulatory Flexibility Act (5 U.S.C. 601

et seq), the Department has determined

that this rule will not have a significant

economic impact on a substantial

number of small entities because no

requirements are being added for small

businesses and no protections are being

withdrawn. The Department has

determined that this rule does not

constitute a major Federal action having

a significant impact on the human

environment under the National

Environmental Policy Act of 1969. The

benefit of removing this rule from 48

CFR is the elimination of the printing

cost of reproducing this information in

48 CFR annually.

List of Subjects in 48 CFR Part 1453

Government procurement, Reporting

and recordkeeping requirements.

Dated: April 30, 1996.

Bonnie R. Cohen,

Assistant Secretary—Policy Management and

Budget.

PART 1453—[REMOVED]

Under the authority found at Sec.

205(c), 63 Stat. 390; 40 U.S.C. 486(c);

and 5 U.S.C. 301, Chapter 14 of Title 48

of the Code of Federal Regulations is

amended by removing Part 1453.

[FR Doc. 96–15326 Filed 6–18–96; 8:45 am]

BILLING CODE 4310–RF–M

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC71

Endangered and Threatened Wildlife

and Plants; Reclassification of

Erigeron maguirei (Maguire daisy)

From Endangered to Threatened

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The plant Erigeron maguirei

(Maguire daisy), endemic to sandstone

canyons and mesas, is found in the San

Rafael Swell in Emery County, Utah,

and Capitol Reef in Wayne County,

Utah. In 1985, the Fish and Wildlife

Service (Service) listed Erigeron

maguirei var. maguirei as endangered

under the Endangered Species Act of

1973 (Act) as amended. Recent

taxonomic studies document that

populations formerly recognized as E.

maguirei var. maguirei and E. maguirei

var. harrisonii do not merit recognition

as separate varieties, so that E. maguirei

should be recognized as a species

without infra-specific taxa. The studies

concluded that the morphological

differences previously used to

distinguish the two varieties were

ecotypic and not genetically based. The

Service agreed with this taxonomic

revision and on September 7, 1994 (59

FR 46219), published notice of its

acceptance of this change in taxonomic

understanding. When the status of the

entire species is considered, a larger

number of individuals is involved than

had been previously considered to

comprise var. maguirei. The Service,

however, believes that E. maguirei’s

long-term survival is tenuous, since a

significant portion of its habitat is

threatened by ongoing and potential

habitat alteration from mineral

development, recreational activities,

and livestock trampling. The species

exists in small, reproductively isolated

populations that are vulnerable to

inbreeding and the loss of genetic

viability. Therefore, the Service finds

that E. maguirei is a threatened species

as defined by the Act.

EFFECTIVE DATE: July 19, 1996.

ADDRESSES: The complete file for this

rule is available for public inspection,

by appointment, during normal business

hours at the Utah Field Office, U. S.

Fish and Wildlife Service, Lincoln

Plaza, Suite 404, 145 East 1300 South,

Salt Lake City, Utah 84115.

FOR FURTHER INFORMATION CONTACT: John

L. England, Botanist, at the above

address (telephone: 801/524–5001;

facsimile: 801/524–5021).

SUPPLEMENTARY INFORMATION:

Background

The genus Erigeron (composite

family, Asteraceae) includes about 200

species (Cronquist 1947, 1994). Most

Erigeron species are found in the

Western Hemisphere, with the western

United States as the center of

distribution. Erigeron maguirei is a

perennial, herbaceous plant with

decumbent to sprawling or erect stems

that are 7 to 18 centimeters (cm) (2.7 to

7.1 inches (in)) high. The basal leaves

are spatulate or broadly oblanceolate, 2

to 5 cm (0.8 to 2.0 in) long and 6 to 9

millimeters (mm) (0.2 to 0.4 in) wide.

The well-developed stem leaves are

sessile or short-petiolate, and are

alternately arranged on the stem. The

leaves and stems are covered with

abundant spreading hairs. One to three

flower heads are borne at the end of

each stem. The floral disc is 8 to 10 mm

(0.3 to 0.4 in) wide; the involucre is 5

to 6.5 mm (0.20 to 0.26 in) high. Each

floral head has 15 to 20 white or

pinkish-white colored ligules (ray

flowers) that are about 6 to 8 mm (0.2

to 0.3 in) long and 1.5 to 2 mm (0.06 to

0.08 in) wide. The disk flowers are

orange and about 3.5 to 3.8 mm (0.14 to

0.15 in) long. The seeds are 2-nerved

achenes (Cronquist 1947, 1994; Welsh

1983a, 1983b; Welsh et al. 1987, 1993).

Erigeron maguirei was described by

Cronquist (1947) from a specimen

collected in 1940 from Calf Canyon in

the San Rafael Swell of Emery County,

Utah. Erigeron maguirei var. harrisonii

was described by Welsh (1983a) from a

specimen he collected in 1982.

However, this variety was first

discovered in 1936 at Hickman Natural

Bridge in the Capitol Reef of Wayne

County, Utah. Welsh postulated that the

morphological differences between E.

maguirei var. maguirei from San Rafael

Swell and E. maguirei var. harrisonii

from Capitol Reef could represent

ecotypic variation (Welsh 1983a, 1983b;

Welsh et al. 1987, 1993). Heil (1989)

reported both varieties from Capitol

Reef and concluded that E. maguirei var.

harrisonii is an ecotypic shade variant

of E. maguirei. The Service funded

genetic studies as part of its recovery

activities for E. maguirei var. maguirei

to determine the phylogenetic

relationship of the two varieties.

Through DNA analysis, Van Buren

(1993) documented that E. maguirei var.

maguirei and E. maguirei var. harrisonii

are not taxonomically distinct, and that

recognition at the varietal level is not

genetically warranted. The Service

accepted Van Buren’s finding, and

published a notice (59 FR 46219;

September 7, 1994) of its recognition of

E. maguirei as a species without infraspecific taxa. In the recently published

volume 5 of the Intermountain Flora,

Cronquist et al. (1994) included E.

maguirei var. harrisonii in synonymy

under E. maguirei. The taxonomic

treatment in the Intermountain Flora

further justifies the Service’s acceptance

of the species without infra-specific

taxa.

Recent status surveys of endangered,

threatened, and other rare plants in the

San Rafael Swell (Kass 1990) and

Capitol Reef (Heil 1989) documented

that about 3,000 individuals of E.

maguirei occur at 12 sites. These 12

sites are reproductively isolated,

forming separate populations (R. Van

Buren, Brigham Young University, pers.

comm. 1994; K. Heil, San Juan College,

pers. comm. 1994). Even with this

number of individuals and populations,

the species remains vulnerable to

threats such as the loss of habitat and

genetic viability.

The small and isolated populations of

Erigeron maguirei are susceptible to

natural and man-caused habitat