55686 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations 

Dated: September 3, 2010. 

Edward L. Connor, 

Acting Federal Insurance and Mitigation 

Administrator, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2010–22796 Filed 9–13–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R3–ES–2010–0068; 

92220–1113–0000–B3] 

RIN 1018–AX28 

Endangered and Threatened Wildlife 

and Plants; Technical Corrections for 

Three Midwest Region Plant Species 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Direct final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the revised 

taxonomy of Lesquerella filiformis 

(Missouri bladderpod), Sedum 

integrifolium ssp. leedyi (Leedy’s 

roseroot), and Mimulus glabratus var. 

michiganensis (Michigan monkeyflower) under the Endangered Species 

Act of 1973, as amended (Act). We are 

revising the List of Endangered and 

Threatened Plants to reflect the current 

scientifically accepted taxonomy and 

nomenclature of these species. We 

revise the scientific names of these 

species as follows: Physaria filiformis 

(=Lesquerella f.), Rhodiola integrifolia 

ssp. leedyi (=Sedum integrifolium ssp. 

l.), and Mimulus michiganensis (=M. 

glabratus var. michiganensis), 

respectively. 

DATES: This rule is effective December 

13, 2010, without further action, unless 

significant adverse comment is received 

by October 14, 2010. If significant 

adverse comment is received, we will 

publish a timely withdrawal of the rule 

in the Federal Register. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R3–ES–2010–0068. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R3– 

ES–2010–0068; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

See Public Comments in 

SUPPLEMENTARY INFORMATION for more 

information about submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Payne, Fish and Wildlife 

Biologist, U.S. Fish and Wildlife 

Service, Midwest Regional Office, 

Division of Endangered Species, 1 

Federal Drive, Fort Snelling, MN 55111– 

4056; telephone 612–713–5350. 

Individuals who are hearing impaired or 

speech impaired may call the Federal 

Relay Service at 800–877–8337 for TTY 

(telephone typewriter or teletypewriter) 

assistance 24 hours a day, 7 days a 

week. 

SUPPLEMENTARY INFORMATION: 

Purpose of Direct Final Rule and Final 

Action 

The purpose of this direct final rule 

is to notify the public that we are 

revising the List of Endangered and 

Threatened Plants to reflect the 

scientifically accepted taxonomy and 

nomenclature of three plant species 

listed under section 4 of the Act (16 

U.S.C. 1531 et seq.). These changes to 

the List of Endangered and Threatened 

Plants (50 CFR 17.12(h)) reflect the most 

recently accepted scientific names in 

accordance with 50 CFR 17.12(b). 

We are publishing this rule without a 

prior proposal because this is a 

noncontroversial action that does not 

alter the regulatory protections afforded 

to these species, and therefore, in the 

best interest of the public, should be 

undertaken in as timely a manner as 

possible. This rule will be effective, as 

published in this document, on the 

effective date specified in the DATES

section, unless we receive significant 

adverse comments on or before the 

comment due date specified in the 

DATES section of this document. 

Significant adverse comments are 

comments that provide strong 

justifications as to why this rule should 

not be adopted or why it should be 

changed. 

If we receive significant adverse 

comments, we will publish a document 

in the Federal Register withdrawing 

this rule before the effective date, and 

we will engage in the normal 

rulemaking process to promulgate these 

changes to 50 CFR 17.12. 

Elsewhere in today’s issue of the 

Federal Register, we have published a 

notice to initiate 5-year reviews that 

includes Physaria filiformis among six 

other Midwest species. We will give the 

same consideration to comments in 

regard to the taxonomy of Missouri 

bladderpod submitted in response to 

either this direct final rule or our notice 

to initiate 5-year reviews; you do not 

need to submit separate comments 

pertaining to this issue for both 

documents. 

Public Comments 

You may submit your comments and 

materials regarding this direct final rule 

by one of the methods listed in the 

ADDRESSES section. Please include 

sufficient information with your 

comments that allows us to verify any 

scientific or commercial information 

you include. We will not consider 

comments sent by e-mail or fax, or to an 

address not listed in the ADDRESSES

section. 

We will post all comments on 

http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us. 

Before including your address, phone 

number, e-mail address, or other 

personal information in your comment, 

you should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this direct final rule, 

will be available for public inspection 

on the Internet at http:// 

www.regulations.gov or by appointment, 

during normal business hours at the 

U.S. Fish and Wildlife Service Midwest 

Regional Office (see FOR FURTHER

INFORMATION CONTACT). Please note that 

comments posted to http:// 

www.regulations.gov are not 

immediately viewable. When you 

submit a comment, the system receives 

it immediately. However, the comment 

will not be publicly viewable until we 

post it, which might not occur until 

several days after submission. 

Information regarding this rule is 

available in alternative formats upon 

request (see FOR FURTHER INFORMATION

CONTACT). For information pertaining to 

specific species, please contact the 

following Ecological Services Field 

Offices: 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations 55687 

Species Contact Person, Phone, 

E-mail Contact Address 

Physaria filiformis (=Lesquerella f.) .................... Charlie Scott, Field Supervisor, or Paul 

McKenzie, Endangered Species Coordinator; (573) 234–2132, extension 107, 

paul_mckenzie@fws.gov.

Columbia Missouri Field Office, U.S. Fish and 

Wildlife Service, 101 Park DeVille Drive, 

Suite A, Columbia, MO 65203–0057. 

Rhodiola integrifolia ssp. leedyi (=Sedum 

integrifolium ssp. l.).

Tony Sullins, Field Supervisor, or Phil 

Delphey, Endangered Species Coordinator; 

(612) 725–3548, phil_delphey@fws.gov.

Twin Cities Field Office, U.S. Fish and Wildlife 

Service, 1401 American Boulevard E., 

Bloomington, MN 55425–1665. 

Mimulus michiganensis (=M. glabratus var. 

michiganensis).

Acting Field Supervisor, or Tameka 

Dandridge, Biologist; (517) 351–8315, 

tameka_dandridge@fws.gov.

East Lansing Field Office, U.S. Fish and Wildlife Service, 2651 Coolidge Road, Suite 

101, East Lansing, MI 48823–5902. 

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 plant species that 

we have determined to be an 

endangered or threatened species. Using 

the best available scientific information, 

this direct final rule documents 

taxonomic changes of the scientific 

names to three entries on the List of 

Endangered and Threatened Plants (50 

CFR 17.12(h)). The basis for the 

taxonomic changes is supported by 

published studies in peer-reviewed 

journals. We revise the scientific names 

of these species under section 4 of the 

Act (16 U.S.C. 1531 et seq.) as follows: 

Physaria filiformis (=Lesquerella f.) 

(Missouri bladderpod), Rhodiola 

integrifolia ssp. leedyi (=Sedum 

integrifolium ssp. l.) (Leedy’s roseroot), 

and Mimulus michiganensis (=M. 

glabratus var. michiganensis) (Michigan 

monkey-flower). We make these changes 

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). 

Taxonomic Classification 

Physaria filiformis 

The scientific name change of 

Physaria filiformis (Rollins) O’Kane & 

Al-Shehbaz (Missouri bladderpod) from 

Lesquerella filiformis Rollins (Rollins 

1956, pp. 201–202; Rollins 1993, p. 618) 

is supported by Al-Shehbaz and 

O’Kane’s (2002, pp. 319–320) extensive 

molecular, ecological, morphological, 

and distributional data. Al-Shehbaz and 

O’Kane (2002, p. 321) concluded that 

the genus Lesquerella should be united 

with the earlier-published genus 

Physaria, initially discussed in Gray 

(1848, pp. 161–162). Although Rollins 

(1939, pp. 393–398; 1993, pp. 588–589, 

pp. 696–697) supported the separation 

of the two genera because Physaria has 

didymous fruits with deep sinuses 

between the valves distally, and often 

proximally as well, he also noted strong 

similarities in the floral patterns, 

growth, and trichome morphology 

between Lesquerella and Physaria (AlShehbaz and O’Kane 2002, p. 319). The 

genera are also characterized by their 

colpate pollen grains, which is a 

distinguishable synapomorphic trait 

from the rest of the family (Al-Shehbaz 

and O’Kane 2002, p. 320). The new 

combination is Physaria filiformis 

(Rollins) O’Kane & Al-Shehbaz (AlShehbaz and O’Kane 2002, p. 323). Only 

North American species’ nomenclatural 

adjustments were included in AlShehbaz and O’Kane’s publication 

(2002, p. 321). This taxonomic change is 

included in our most recent 5-year 

review for the species (USFWS 2008, p. 

2), as well as the reclassification of this 

plant from endangered to threatened 

status on October 15, 2003 (68 FR 

59337). This species will continue to be 

listed as threatened. 

Rhodiola integrifolia ssp. leedyi 

The scientific name change of 

Rhodiola integrifolia ssp. leedyi 

(Leedy’s roseroot) from Sedum 

integrifolium ssp. leedyi is supported by 

extensive morphological and genetic 

studies. Carl Linnaeus described the 

genus Rhodiola in 1753, recognizing it 

as distinct from the genus Sedum 

(Moran 2000, p. 137; Ohba 2003, p. 

210), but many twentieth century 

authors regarded the genus as a 

synonym of Sedum L. (Ohba 1980, pp. 

356–358). However, recent evidence, 

including chloroplast and nuclear DNA 

data, support the original recognition of 

Sedum and Rhodiola as distinct genera 

(Ohba 1980, pp. 356–358; Van Ham and 

‘T Hart 1998, p. 127; Ohba 2003, p. 210; 

Mayuzumi and Ohba 2004, p. 588). R. 

T. Clausen (1975, p. 474), following the 

mid-twentieth century trend, treated 

Rhodiola as a subgenus of Sedum, but 

the Flora of North America has more 

recently returned to the original 

recognition of Rhodiola as a distinct 

genus (Moran 2009, p. 164) that 

includes Leedy’s roseroot. The new 

combination is Rhodiola integrifolia 

Rafinesque ssp. leedyi (Rosendahl & J. 

W. Moore) H. Ohba (Ohba 2003, p. 218). 

The species was listed as threatened on 

April 22, 1992 (57 FR 14649) and will 

continue to be listed as threatened. 

Mimulus michiganensis 

The scientific name change of 

Mimulus michiganensis from Mimulus 

glabratus var. michiganensis is 

supported by Posto and Prather’s (2003, 

pp. 172–173) extensive evolutionary 

and genetic studies. At the time of its 

listing (55 FR 25596; June 21, 1990), 

Mimulus glabratus var. michiganensis 

(Michigan monkey-flower) was ranked 

as a variety. Posto and Prather’s (2003, 

pp. 172–178) study supports the 

elevation of the taxon in rank to species 

Mimulus michiganensis, and, therefore, 

the new combination was established 

and accepted in the scientific 

community. Pennell (1935 in USFWS 

1997, p. 1) originally described the 

taxon as a subspecies of M. glabratus, 

and Fassett (1939 in USFWS 1997, p. 1) 

subsequently gave the taxon varietal 

status. Past researchers noted 

morphological overlap with other taxa, 

particularly the more common, wideranging James’ monkey-flower (M. 

glabratus var. jamesii) (Crispin 1981 in 

USFWS 1997, p. 1; Bliss 1983 in 

USFWS 1997, p. 1; Bliss 1986 in 

USFWS 1997, p. 1), but floral character 

studies of closely related taxa supported 

maintaining variety michiganensis as a 

distinct taxonomic entity (Bliss 1983 in 

USFWS 1997, p. 1; Bliss 1986 in 

USFWS 1997, p. 1; Minc 1989 in 

USFWS 1997, p. 1). 

However, random amplified 

polymorphic DNA (RAPD) data (Posto 

and Prather 2003, pp. 176–177) revealed 

the following: M. michiganensis is 

genetically distinct from other members 

of the Mimulus complex; it has low 

genetic similarity to M. glabratus var. 

jamesii (a species implicated in its 

origin); and groups of M. michiganensis 

individuals separate from all other 

individuals in the Unweighted Pair 

Group Method with Arithmetic Mean 

(UPGMA) phenogram. In addition, M. 

michiganensis is not interfertile with 


jdjones on DSK8KYBLC1PROD with RULES
55688 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations 

any other member of the M. glabratus 

complex, and it maintains its 

morphological distinctiveness where it 

is found sympatric with other M. 

glabratus (Posto and Prather 2003, p. 

177). For these reasons, Posto and 

Prather (2003, p. 172) report the 

elevation of the taxon in rank from 

variety to species, and they found no 

evidence to support earlier hypotheses 

or a role of M. guttatus in the origin of 

M. michiganensis through hybridization 

with M. glabratus var. jamesii or 

through direct ancestry via an 

aneuploidy event. The species will 

continue to be listed as endangered. 

Required Determinations 

Paperwork Reduction Act of 1995 

This rule does not contain any new 

collections of information that require 

approval by OMB under the Paperwork 

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

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 Environmental 

Assessments, or Environmental Impact 

Statements, as defined under the 

authority of the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.), in connection with regulations 

adopted under section 4(a) of the 

Endangered Species Act. We published 

a notice outlining our reasons for this 

determination in the Federal Register 

on October 25, 1983 (43 FR 49244). 

Clarity of the Rule 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To help us to revise this rule, 

your comments should be as specific as 

possible. For example, you should tell 

us the numbers of the sections or 

paragraphs that are unclearly written, 

which sections or sentences are too 

long, the sections where you feel lists or 

tables would be useful, etc. 

References Cited 

A complete list of the referenced 

materials is available upon request from 

the U.S. Fish and Wildlife Service 

Midwest Regional Office (see FOR

FURTHER INFORMATION CONTACT). 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ For the reasons given in the preamble, 

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; Public Law 

99–625; 100 Stat. 3500; unless otherwise 

noted. 

§ 17.12 [Amended] 

■ 2. Amend the List of Endangered and 

Threatened Plants in § 17.12(h) by: 

■ a. Removing the entries under 

FLOWERING PLANTS for ‘‘Lesquerella 

filiformis’’, ‘‘Mimulus glabratus var. 

michiganensis’’, and ‘‘Sedum 

integrifolium ssp. leedyi’’; and 

■ b. Adding in alphabetic order under 

FLOWERING PLANTS entries for 

‘‘Mimulus michiganensis (=M. glabratus 

var. michiganensis)’’, ‘‘Physaria 

filiformis (=Lesquerella f.)’’, and 

‘‘Rhodiola integrifolia ssp. leedyi 

(=Sedum integrifolium ssp. l.)’’ 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 

*******

Mimulus 

michiganensis 

(=Mimulus 

glabratus var. 

michiganensis).

Michigan monkeyflower.U.S.A. (MI) .............. Scrophulariaceae .... E 392, 

780 

NA NA 

* * * * * * * 

Physaria filiformis 

(=Lesquerella f.).

Missouri bladderpod U.S.A. (AR, MO) ..... Brassicaceae .......... T 253, 739, 

780 

NA NA 

* * * * * * * 

Rhodiola integrifolia 

ssp. leedyi 

(=Sedum 

integrifolium ssp. 

l.).

Leedy’s roseroot ..... U.S.A. (MN, NY) ..... Crassulaceae .......... T 460, 

780 

NA NA 

* * * * * * * 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations 55689 

Dated: August 19, 2010. 

Wendi Weber, 

Acting Deputy Director, Fish and Wildlife 

Service. 

[FR Doc. 2010–22810 Filed 9–13–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XY99 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Yellowfin Sole in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of the 2010 

yellowfin sole total allowable catch 

(TAC) assigned to the Bering Sea and 

Aleutian Islands trawl limited access 

sector to the Amendment 80 cooperative 

in the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to allow the 2010 total 

allowable catch of yellowfin sole to be 

fully harvested. 

DATES: Effective September 9, 2010, 

through 2400 hrs, Alaska local time 

(A.l.t.), December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2010 yellowfin sole TAC assigned 

to the Bering Sea and Aleutian Islands 

trawl limited access sector is 42,369 

metric tons (mt) and to the Amendment 

80 cooperative is 90,733 mt as 

established by the final 2010 and 2011 

harvest specifications for groundfish in 

the BSAI (75 FR 11778, March 12, 

2010). 

The Administrator, Alaska Region, 

NMFS, has determined that 20,000 mt of 

the yellowfin sole TAC assigned to the 

BSAI trawl limited access sector will 

not be harvested. Therefore, in 

accordance with § 679.91(f), NMFS 

reallocates 20,000 mt of yellowfin sole 

from the BSAI trawl limited access 

sector to the Amendment 80 cooperative 

in the BSAI. In accordance with 

§ 679.91(f), NMFS will reissue 

cooperative quota permits for the 

reallocated yellowfin sole following the 

procedures set forth in § 679.91(f)(3). 

The harvest specifications for 

yellowfin sole included in the harvest 

specifications for groundfish in the 

BSAI (75 FR 11778, March 12, 2010) are 

revised as follows: 22,369 mt to the 

BSAI trawl limited access sector and 

110,733 mt to the Amendment 80 

cooperative in the BSAI. Table 7a is 

correctly revised and republished in its 

entirety as follows: 

TABLE 7A—FINAL 2010 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND

AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK

SOLE, AND YELLOWFIN SOLE TACS

[Amounts are in metric tons] 

Sector 

Pacific ocean perch Flathead 

sole 

Rock 

sole 

Yellowfin 

sole 

Eastern 

Aleutian 

District 

Central 

Aleutian 

District 

Western 

Aleutian 

District BSAI BSAI BSAI 

TAC .................................................................................. 4,220 4,270 6,540 60,000 90,000 219,000 

CDQ ................................................................................. 452 457 700 6,420 9,630 23,433 

ICA ................................................................................... 100 50 50 5,000 10,000 2,000 

BSAI trawl limited access ................................................ 367 376 116 0 0 22,369 

Amendment 80 ................................................................. 3,302 3,387 5,674 48,580 70,370 171,198 

Amendment 80 limited access ......................................... 1,751 1,796 3,009 5,708 17,507 60,465 

Amendment 80 cooperatives ........................................... 1,551 1,591 2,666 42,872 52,863 110,733 

This will enhance the socioeconomic 

well-being of harvesters dependent 

upon yellowfin sole in this area. The 

Regional Administrator considered the 

following factors in reaching this 

decision: (1) The current catch of 

yellowfin sole by the BSAI trawl limited 

access sector and, (2) the harvest 

capacity and stated intent on future 

harvesting patterns of the Amendment 

80 cooperative that participates in this 

BSAI fishery. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the reallocation of yellowfin sole 

from the BSAI trawl limited access 

sector to the Amendment 80 cooperative 

in the BSAI. Since the fishery is 

currently open, it is important to 

immediately inform the industry as to 

the revised allocations. Immediate 

notification is necessary to allow for the 

orderly conduct and efficient operation 

of this fishery, to allow the industry to 

plan for the fishing season, and to avoid 

potential disruption to the fishing fleet 

as well as processors. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of September 8, 2010. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 


jdjones on DSK8KYBLC1PROD with RULES