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withdrawn.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
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31055

disturbances. In localized areas, the

species has been adversely affected by

off-road vehicles and trampling by

humans and livestock. Mineral and

energy exploration and development are

potential threats to the species. The

demographic stability of the various

populations is not known at this time.

Small and isolated populations often

have a high potential of becoming

genetically homozygous, rendering them

vulnerable to the loss of genetic viability

(R. Van Buren, pers. comm. 1994).

Individually, natural factors such as

disease, flash floods, grazing by native

species, erosion, and vegetative

competition may not pose a definitive

threat to this species. However, due to

low population numbers, the

cumulative effect of these threats could

jeopardize the continued existence of

the species.

The Service sent the proposed rule to

reclassify E. maguirei as threatened and

background information to four

botanists for peer review in order to

substantiate the scientific basis of the

Service’s finding. Three of the reviewers

(Dr. Renee Van Buren and Kim Harper,

Brigham Young University, Provo, Utah,

and Professor Kenneth Heil, San Juan

Community College, Farmington, New

Mexico) reviewed the proposed rule and

status information and provided written

comments on the proposed action. They

agreed with the Service’s proposed

action to recognize E. maguirei as a

species without infra-specific taxa and

change its classification from

endangered to threatened. They also

provided additional information on the

species’ distribution, biological threats,

and phylogenetic relationships. The

fourth reviewer did not respond to the

Service’s request for peer review. The

Service took the peer review

information into consideration when

preparing this final rulemaking.

Previous Federal Action

Federal action on this species began

with section 12 of the Act, which

directed the Secretary of the

Smithsonian Institution to prepare a

report on plants considered to be

endangered, threatened, or extinct in the

United States. This report, designated as

House Document No. 94–51, was

presented to Congress on January 9,

1975. On July 1, 1975, the Service

published a notice (40 FR 27823) that

formally accepted the Smithsonian

report as a petition within the context

of section 4(c)(2) (now section 4(b)(3)) of

the Act. By accepting this report as a

petition, the Service acknowledged its

intention to review the status of those

plant taxa named in the report. Erigeron

maguirei was included in the

Smithsonian report and in the July 1,

1975, Notice of Review. On June 16,

1976, the Service published a proposed

rule (41 FR 24523) to determine

approximately 1,700 vascular plant taxa,

including Erigeron maguirei, to be

endangered pursuant to section 4 of the

Act.

The 1978 amendments to the Act

required that all proposals over 2 years

old be withdrawn. On December 10,

1979, the Service published a notice (44

FR 70796) withdrawing that portion of

the June 16, 1976, proposal which had

not been finalized. The withdrawal

notice included E. maguirei. The revised

notice of review for plants published on

December 15, 1980 (45 FR 82480),

included E. maguirei as a candidate

species. Section 4(b)(3)(B) of the 1982

amendments to the Act requires that the

Secretary of the Interior make a finding

on a petition within 1 year of its receipt.

In addition, Section 2(b)(1) of the 1982

amendments to the Act required that all

petitions pending as of October 13,

1982, be treated as if newly submitted

on that date. Erigeron maguirei was

therefore treated as a new petition with

October 13, 1983, as the deadline for a

petition finding. On October 13, 1983,

the Service made a 12-month finding

that the petition to list the species was

warranted, but precluded by other

listing actions of a higher priority. On

July 27, 1984, the Service published a

rule proposing E. maguirei var. maguirei

as an endangered species (49 FR 30211).

The final rule designating the species as

endangered was published on

September 5, 1985 (50 FR 36090).

On September 27, 1985, the Service

published a notice of review for plants

(50 FR 39526) which included E.

maguirei var. harrisonii as a candidate

species. Erigeron maguirei var.

harrisonii remained a candidate through

the revised plant notice of review

published on September 30, 1993 (58 FR

51144).

Recent taxonomic studies and status

surveys (Heil 1989; U.S. Fish and

Wildlife Service 1994; Van Buren 1993;

R. Van Buren, pers. comm. 1993)

indicate that E. maguirei var. maguirei

and E. maguirei var. harrisonii are not

taxonomically distinct. Since var.

harrisonii is no longer recognized, it has

been removed from candidate status.

The Service published a Federal

Register notice (59 FR 46219; September

7, 1994) proposing to change the entry

for E. maguirei var. maguirei to one for

E. maguirei, with the understanding that

this would include the plants formerly

recognized as var. harrisonii. This

notice also proposed to reclassify the

species from endangered to threatened.

The processing of this final

reclassification follows the Service’s

final listing priority guidance published

in the Federal Register on May 16, 1996

(61 FR 24722). The guidance clarifies

the order in which the Service will

process rulemakings following two

related events: 1) the lifting, on April

26, 1996, of the moratorium on final

listings imposed on April 10, 1995

(Public Law 104–6), and 2) the

restoration of significant funding for

listing through passage of the omnibus

budget reconciliation law on April 26,

1996, following severe funding

constraints imposed by a number of

continuing resolutions between

November 1995 and April 1996. The

guidance calls for prompt processing of

draft listings, including final

downlistings, that were already in the

Service’s Washington office and already

approved by the field and regional

offices when the severe funding

constraints were imposed in early fiscal

year 1996. A draft of this rule was

approved the Service’s Denver Regional

Director on August 9, 1995, and

transmitted to the Washington office,

where processing was postponed in

favor of other, higher priority listing

actions.

Summary of Comments and

Recommendations

In the September 7, 1994, proposed

rule, and through associated

notifications, all interested parties

(appropriate Federal and State agencies,

county governments, scientific

organizations, and private individuals)

were requested to submit information

that might contribute to the

development of a final rule for Erigeron

maguirei. Newspaper notices were

published in the Salt Lake Tribune and

the Desert News on October 6, 1994, and

the Emery County Progress on October

11, 1994. The Service received a total of

five comments on the proposed rule.

The major issues raised by the

commentors are addressed in the

following summary:

Issue 1: Recent inventories in the San

Rafael Swell have increased the known

distribution of E. maguirei from 1 to 10

sites and from less than 10 individuals

to between 1,000 and 2,000 over a range

of 50 kilometers (30 miles). A portion of

the species’ distribution is located in the

Sid’s Mountain Wilderness Study Area.

There are few threats to the species

because of the Wilderness Study Area’s

inaccessibility.

Service Response: The expansion in

the range and the discovery of new

populations are a primary reason for the

Service’s reclassification of the species

from endangered to threatened.
31056 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

However, even with this increase in

population size, the species remains

rare and is restricted to certain sites that

are vulnerable to habitat destruction.

Several populations continue to be

impacted by human and livestock

trampling, especially in wash bottoms.

The long-term protection of the species

in the Sid’s Mountain Wilderness Study

Area is uncertain, since the area has not

been officially designated as a

wilderness area. Without such

designation, the area could be opened to

various uses and development.

Issue 2: Given the uncertainty of

world market conditions for uranium,

uranium mining is unlikely to occur in

the species’ habitat. Over a period of

time, existing claims will likely be

abandoned.

Service Response: Uranium mining

claim assessment work continues in or

near populations of E. maguirei. The

Service is concerned that mineral

extraction could begin as soon as market

conditions change and thus pose a

serious threat to the species. Mining

activities and associated surface

disturbances could directly or indirectly

destroy plants or render the habitat

unsuitable for the species.

Issue 3: The Service did not change

the status of E. maguirei var. harrisonii

from category 2 to category 1 in the

notice of review as a consequence of

Heil’s (1989) report.

Service Response: Heil (1989)

postulated that E. maguirei var.

harrisonii might not be taxonomically

distinct at the varietal level. Erigeron

maguirei var. harrisonii remained a

category 2 species until the taxonomic

issue was resolved. Once the Service

determined that E. maguirei var.

maguirei and var. harrisonii were not

taxonomically distinct, var. harrisonii

was removed from candidate status.

Issue 4: The Service’s proposed rule

identified five populations of E.

maguirei. Based on effective pollinator

distances, at least 10 separate

populations should be recognized.

Service Response: The Service

grouped the species occurrences into

five population clusters for convenience

of discussion in the proposed rule. After

reviewing the public comments and

available information, the Service made

a revision in the rule and will use 12

populations as a frame of reference for

discussing the species’ distribution.

This is more closely aligned with the

populations recognized by the Bureau of

Land Management (BLM) and others.

Summary of Factors Affecting the

Species

After a thorough review and

consideration of all available

information, the Service has determined

that Erigeron maguirei should be

reclassified from an endangered to a

threatened species. Procedures found at

section 4(a)(1) of the Act and regulations

implementing the listing provisions of

the Act (50 CFR 424) were followed. A

species may be determined to be

threatened due to one or more of the

five factors described in section 4(a)(1).

These factors and their application to

Erigeron maguirei Cronquist (Maguire

daisy) are as follows:

A. The Present or Threatened

Destruction, Modification, or

Curtailment of Its Habitat or Range

The habitat of Erigeron maguirei is

threatened with modification or

destruction by off-road vehicle use and

mining claim assessment work. Off-road

vehicle use is a potential threat to

populations located in accessible

washes. Uranium ore deposits are

known to occur within the species’

habitat. Annual assessment work on

uranium claims and other minerals is

adversely impacting the species and its

habitat (U.S. Fish and Wildlife Service

1994). Any future development of these

mineral deposits or associated surface

disturbances could be detrimental to the

species and its habitat. Additionally,

human and livestock trampling are

known to adversely impact individual

plants. Human foot traffic off

established trails in Capitol Reef

National Park is affecting one

population (Heil 1989; K. Heil, pers.

comm. 1994). Trampling from human

foot traffic is a potential threat to the

species throughout its scenic canyon

habitat in the San Rafael Swell and

Capitol Reef areas. Livestock trampling

has affected all populations, including

those in Capitol Reef National Park.

Unlike most National Parks, Capitol

Reef National Park is not closed to

livestock grazing. Livestock trampling

negatively impacts individuals of E.

maguirei growing in accessible wash

bottoms. This results in the species

being restricted to less suitable habitat

in the sandstone crevices of the

adjoining slickrock canyon walls.

B. Overutilization for Commercial,

Recreational, Scientific, or Educational

Purposes

None known.

C. Disease or Predation

Under certain conditions, E. maguirei

may be vulnerable to livestock grazing.

Concentrations of livestock in localized

areas, specifically wash bottoms that

have limited vegetation, may result in E.

maguirei being grazed by livestock.

D. The Inadequacy of Existing

Regulatory Mechanisms

Through management plans, the BLM

and National Park Service (NPS) have

provided some protection for E.

maguirei and its habitat in the San

Rafael Swell and Capitol Reef areas. It

is believed that these Federal agencies

will continue to assist in the protection

and recovery of this plant as a

threatened species.

E. Other Natural or Manmade Factors

Affecting Its Continued Existence

The small population size and

restricted habitat of E. maguirei make

this plant vulnerable to natural or

human-caused catastrophic

disturbances. Low population numbers,

geographic separation, and reproductive

isolation may contribute to reduced

genetic viability in each of the

individual populations. The

accumulation and expression of

phenotypic lethal alleles in the gene

pool is highly probable since small

inbreeding populations become

increasingly homozygous over time (R.

Van Buren, pers. comm. 1993). It is not

presently known whether there are

sufficient numbers of individuals to

ensure the long-term survival of the

species (U.S. Fish and Wildlife Service

1994).

The Service has carefully assessed the

best available scientific and commercial

information regarding past, present, and

future threats faced by this species.

Based on this evaluation, the preferred

action is to list E. maguirei as a

threatened species. Information

gathered from surveys and recovery

efforts conducted by the Service, BLM,

and NPS have documented additional

numbers of plants and indicated that

some populations are relatively secure

and adequately protected (Kass 1990).

Consequently, the Service finds that the

present magnitude of threats is

significantly less than when E. maguirei

var. maguirei was first listed as

endangered in 1985. The Service

concludes that the species no longer

warrants listing as endangered under

the Act. Nevertheless, with less than

3,000 known individuals existing in

only 12 populations, the long-term

survival of E. maguirei continues to be

threatened by current and potential

habitat disturbance from mining and

recreational activities and livestock

trampling. Additionally, the species’

small, reproductively isolated

populations may be subject to long-term

genetic impoverishment due to their

restricted gene pools. Therefore, the

Service has determined that E. maguirei
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31057

should be listed as threatened without

the designation of critical habitat.

Critical Habitat

Section 4(a)(3) of the Act, as

amended, requires that to the maximum

extent prudent and determinable, the

Secretary propose critical habitat at the

time a species is proposed for listing as

endangered or threatened. The Service

finds that designation of critical habitat

is not prudent for E. maguirei.

Designation of critical habitat would

entail publishing a detailed map and

description of critical habitat in the

Federal Register, which could expose

the species to threats of vandalism.

Moreover, few additional benefits

would be provided to the species by

designation of critical habitat since most

of the small, isolated populations are

located on Federal lands. Any Federal

action that would impact the species’

habitat would be addressed through the

section 7 consultation process. Section

9(a)(2)(B) of the Act makes it unlawful

to remove and reduce to possession any

listed plant from any area under Federal

jurisdiction. The NPS and BLM are

aware of the occurrence of E. maguirei

on lands under their jurisdiction and of

their legal obligation to protect listed

plants. Protection of the species’ habitat

will be accomplished through the

recovery process.

Effects of the Rule

This rule changes the status of

Erigeron maguirei from endangered to

threatened and formally recognizes that

this species is no longer in imminent

danger of extinction throughout a

significant portion of its range.

Reclassification to threatened does not

significantly alter the protection

afforded this species under the Act.

Section 7(a) of the Act requires

Federal agencies to evaluate their

actions with respect to any listed

species. The consultation and other

requirements of section 7 apply equally

to endangered and threatened species.

Virtually all known populations of E.

maguirei occur on lands under the

jurisdiction of the BLM or NPS. Those

two agencies have been involved in

recovery and section 7 consultation

activities for this species since it was

listed as endangered in 1985 and are

likely to remain involved. Recovery

activities are not expected to diminish

since the primary objective of the

recovery strategy is delisting of the

species. The final recovery plan will

reflect information acquired since the

plan was drafted.

Certain prohibitions that apply to

endangered plants do not apply to

plants listed as threatened. The removal

and reduction to possession of E.

maguirei from areas under Federal

jurisdiction continues to be prohibited

under section 9 of the Act and 50 CFR

17.71. However, the malicious damage

or destruction of endangered plants on

areas under Federal jurisdiction, and the

removal, cutting, digging up or damage

or destruction of endangered species on

any other area in knowing violation of

any State law or regulation or in the

course of any violation of a State

criminal trespass law will no longer

constitute a violation of section 9. The

import, export, and interstate and

foreign commerce prohibitions of

section 9 continue to apply to E.

maguirei.

Pursuant to section 10 of the Act and

50 CFR 17.72, permits may be issued to

carry out otherwise prohibited activities

involving threatened plants. Such

permits are available for scientific

purposes and to enhance the

propagation or survival of endangered

and threatened species. For threatened

plants, permits also are available for

botanical or horticultural exhibition,

educational purposes, or special

purposes consistent with the purposes

and policy of the Act. Requests for

copies of the regulations regarding listed

species and inquiries about prohibitions

and permits may be addressed to the

Field Supervisor of the Service’s Salt

Lake City Field Office (see ADDRESSES

section).

This reclassification is not an

irreversible commitment on the part of

the Service. Reclassifying E. maguirei to

endangered would be possible should

changes occur in management, habitat,

or other factors that alter the present

threats to the species’ survival and

recovery.

National Environmental Policy Act

The Fish and Wildlife Service has

determined that Environmental

Assessments and Environmental Impact

Statements, as defined under the

authority of the National Environmental

Policy Act of 1969, need not be

prepared in connection with regulations

adopted pursuant to section 4(a) of the

Endangered Species Act of 1973, as

amended. A notice outlining the

Service’s reasons for this determination

was published in the October 25, 1983

Federal Register (48 FR 49244).

References Cited

Cronquist, A. 1947. Revision of the

North American species of Erigeron,

north of Mexico. Brittonia 6(2):1–302.

Cronquist, A. 1994. Volume 5, Asterales,

intermountain flora; vascular plants of

the Intermountain West, U.S.A. The

New York Botanical Garden, Bronx,

New York. 496 pp.

Heil, K.D. 1989. A vegetation study of

Capitol Reef National Park—

endangered, threatened, rare, and

other plants of concern at Capitol Reef

National Park. National Park Service,

Torrey, Utah.

Kass, R.J. 1990. Final report—habitat

inventory of threatened and

endangered and candidate plant

species in the San Rafael Swell, Utah.

Bureau of Land Management, Salt

Lake City, Utah. 87 pp.

U.S. Fish and Wildlife Service. 1994.

Maguire daisy (Erigeron maguirei)

draft recovery plan. U.S. Fish and

Wildlife Service, Salt Lake City, Utah.

20 pp.

Van Buren, R. 1993. Randomly

amplified polymorphic DNA and

resolution of classification problems

in Erigeron (Asteraceae). Report

prepared for the U.S. Fish and

Wildlife Service, Salt Lake City, Utah.

10 pp. (Abstracted in the American

Journal of Botany 81(6):197–198.

1994.)

Welsh, S.L. 1983a. A bouquet of daisies

(Erigeron, Compositae). Great Basin

Naturalist 43(2):179–357.

Welsh, S.L. 1983b. Utah flora:

Compositae (Asteraceae). Great Basin

Naturalist 43(2):365–368.

Welsh, S.L., N.D. Atwood, L.C. Higgins,

and S. Goodrich. 1987. A Utah flora.

Great Basin Nat. Mem. 9:1–894.

Welsh, S.L., N.D. Atwood, S. Goodrich,

and L.C. Higgins. 1993. A Utah flora,

second edition, revised. Brigham

Young University Press, Provo, Utah.

986 pp.

Author

The primary author of this final rule

is John L. England (see ADDRESSES

section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements, and

Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of

chapter I, title 50 of the Code of Federal

Regulations, is amended 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.
31058 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

§ 17.12 [Amended]

2. Section 17.12(h) is amended by

removing the entry for Erigeron

maguirei var. maguirei and adding the

following, 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

* * * * * * *

Erigeron

maguirei.

Maguire daisy ........ U.S.A. (UT) ........... Asteraceae ............ T 202,584 NA NA

* * * * * * *

Dated: May 29, 1996.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 96–15571 Filed 6–18–96; 8:45 am]

BILLING CODE 4310–55–P