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Endangered and Threatened Wildlife and Plants; Gymnoderma Lineare (Rock Gnome Lichen) Determined To Be Endangered

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 [Federal Register: January 18, 1995]

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC23 Endangered and Threatened Wildlife and Plants; Gymnoderma Lineare (Rock Gnome Lichen) Determined To Be Endangered AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: The U.S. Fish and Wildlife Service (Service) determines the lichen Gymnoderma lineare (rock gnome lichen) to be an endangered species under the authority of the Endangered Species Act of 1973, as amended (Act). This lichen, which is limited to 25 populations in North Carolina and 7 populations in Tennessee, is threatened by collection, logging, and habitat disturbance due to heavy use by hikers and climbers. It is also indirectly threatened by exotic insect pests and possibly air pollution, which are contributing to the demise of the Fraser fir forests at higher elevations in the [[Page 3558]]
Southern Appalachians. This action implements for Gymnoderma lineare the Federal protection and recovery provisions provided by the Act.EFFEC TIVE DATE: February 17, 1995. ADDRESSES: The complete file for this rule is available for inspection, by appointment, during normal business hours at the Asheville Field Office, U.S. Fish and Wildlife Service, 330 Ridgefield Court, Asheville, North Carolina 28806. FOR FURTHER INFORMATION CONTACT: Ms. Nora Murdock at the above address (Telephone 704/665-1195, Ext. 231). SUPPLEMENTARY INFORMATION: Background Gymnoderma lineare (Evans) Yoshimura and Sharp, first described by Evans (1947) as Cladonia linearis from material collected in Tennessee, is a squamulose lichen in the reindeer moss family. This species is the only member of its genus occurring in North America (Yoshimura and Sharp 1968). Gymnoderma lineare occurs in rather dense colonies of narrow straps (squamules). The only similar lichens are the squamulose species of the genus Cladonia. Gymnoderma lineare has terminal portions of the straplike individual lobes that are blue-grey on the upper surface and generally shiny-white on the lower surface; near the base they grade to black (unlike squamulose Cladonia, which are never blackened toward the base) (Weakley 1988, Hale 1979). Hale's (1979) description of the species reads, ``Squamules dark greenish mineral grey; lower surface white to brownish toward the tips, weakly corticated; podetia lacking but small clustered apothecia common on low tips.'' Weakley further describes the species as having squamules about 1 millimeter (.04 inches (in.)) across near the tip, tapering to the blackened base, sparingly and subdichotomously branched, and generally about 1 to 2 centimeters (.39 to .79 in.) long (though they can be longer or shorter, depending upon environmental factors). The squamules are nearly parallel to the rock surface, but the tips curl away from the rock, approaching or reaching a perpendicular orientation to the rock surface. The fruiting bodies (apothecia) are borne at the tips of the squamules and are black (contrasting to the brown or red apothecia of Cladonia spp.) (Weakley 1988). The apothecia are borne singly or in clusters, usually at the tips of the squamules but occasionally along the sides; these have been found from July through September (Evans 1947, North Carolina Natural Heritage Program records 1991). The apothecia are either sessile or borne on short podetia 1 to 2 millimeters (.04 to .08 in.) in height; the largest of these have a diameter of about 1 millimeter (.04 in.), with most being much smaller. The apothecia are cylindrical in shape and radial in symmetry (Evans 1947). The primary means of propagation of this lichen appears to be asexual, with colonies spreading clonally. Gymnoderma was considered a monotypic genus for over a century, until its revision by Yoshimura and Sharp (1968). These authors reclassified Evans' (1947) Cladonia linearis as Gymnoderma lineare on the basis of its short and solid podetia that lack symbiotic algae. Gymnoderma lineare is endemic to North Carolina and Tennessee and occurs only in areas of high humidity, either at high elevations, where it is frequently bathed in fog, or in deep gorges at lower elevations. It is primarily limited to vertical rock faces where seepage water from forest soils above flows at (and only at) very wet times. It is almost always found growing with the moss Andreaea in these vertical intermittent seeps. This association makes it rather easy to search for, due to the distinctive reddish brown color of Andreaea that can be observed from a considerable distance (Weakley 1988). Most populations occur above an elevation of 1,524 meters (5,000 feet). In Tennessee, it is apparently limited to the Great Smoky Mountains National Park. Other species often found growing with G. lineare include Huperzia selago, Stereocaulon sp., Scirpus cespitosus, Carex misera, Rhododendron spp., Saxifraga michauxii, Krigia montana, Heuchera villosa, Geum radiatum, and sometimes Juncus trifidus. The high-elevation coniferous forests adjacent to the rock outcrops and cliffs most often occupied by the species are dominated by red spruce (Picea rubens) and another Federal candidate species, Fraser fir (Abies fraseri). Thirty-seven populations of Gymnoderma lineare have been reported historically; thirty-two remain in existence. Seven of these populations are in Sevier County, Tennessee. In North Carolina, two populations remain in Mitchell County, five in Jackson County, four in Yancey County, one in Swain County, three in Transylvania County, four in Buncombe county, two in Avery County, two in Ashe County, one in Rutherford County, and one in Haywood County. Historically, five additional populations were known for this species. The reasons for the disappearance of the species at most of these sites are undocumented; however, one is believed to have been destroyed by highway construction. Many of the formerly occupied sites are subjected to heavy recreational use by hikers, climbers, and sightseers. In addition, the coniferous forests, particularly those dominated by Fraser fir at the high-elevation sites, are being decimated by the balsam wooly adelgid, an exotic insect pest, and possibly by air pollution. The death of the forests adjacent to the habitat occupied by this lichen has resulted in locally drastic changes in microclimate, including desiccation and increased temperatures. The continued existence of this species is threatened by trampling and associated soil erosion and compaction, other forms of habitat disturbance due to heavy recreational use of the habitat by hikers, climbers, and sightseers, as well as by development for commercial recreational facilities and residential purposes. It is also potentially threatened by logging, collectors, and air pollution (either directly or indirectly).
Only 7 of the remaining 32 populations cover an area larger than 2 square meters (2.4 square yards). Most are 1 meter (3.3 feet) or less in size. It is not known what constitutes a genetic individual in this species, and it is possible that each of these small colonies or patches consists of only a single clone (Weakley 1988). Over the past decade several of the currently extant populations have undergone significant declines (Paula DePriest, Smithsonian Institution, personal communication, 1992; Karin Heiman, Environmental Consultant, personal communication, 1992), some within as little as 1 year (Alan Smith, Environmental Consultant, personal communication, 1992). Although all but five of the remaining populations are in public ownership, many continue to be impacted by collectors, recreational use, and environmental factors. Although no populations are known to have been lost as a result of logging operations, this is a potential threat. Previous Federal Action Federal government actions on Gymnoderma lineare began with the 1990 publication in the Federal Register of a revised notice of review of plant taxa for listing as endangered or threatened species (55 FR 6184); Gymnoderma lineare was included in that notice as a category 2 species. Category 2 species are those for which listing as endangered or threatened may be warranted but for which substantial data on biological vulnerability and threats is not currently known or on file to support proposed rules.
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Subsequent to this notice, the Service received additional information from the North Carolina Natural Heritage Program (Alan Weakley, North Carolina Natural Heritage Program, personal communication, 1991) and the Smithsonian Institution (DePriest, personal communication, 1992); this information and additional field data gathered by the North Carolina Natural Heritage Program, the Service, and the National Park Service (Keith Langdon and Janet Rock, Great Smoky Mountains National Park, personal communication, 1992; Bambi Teague, Blue Ridge Parkway, personal communication, 1991) indicated that the addition of Gymnoderma lineare to the Federal List of endangered or threatened plants is warranted. The Service approved this species for elevation to category 1 on August 30, 1993, and proposed it for listing as endangered on December 28, 1993 (58 FR 68623). Summary of Comments and Recommendations In the December 28, 1993, proposed rule and associated notifications, all interested parties were requested to submit factual reports or information that might contribute to the development of a final rule. Appropriate State agencies, county governments, Federal agencies, scientific organizations, and other interested parties were contacted and requested to comment. Newspaper notices inviting public comment were published in the ``Asheville Citizen-Times'' (Asheville, North Carolina) on January 14, 1994, and the ``Mountain Press'' (Sevierville, Tennessee) on January 17, 1994. Fifteen comments were received. Eleven of these expressed support for the proposal, and one presented additional information without stating a position. One additional respondent took no position on the proposal but expressed a negative view toward the potential designation of critical habitat. Two respondents opposed the proposal; one stated no reason for opposition, the other expressed the opinion that logging was not a potential threat to the lichen and that extinction is a natural process. In the proposed rule the Service stated that no populations of this species were known to have been destroyed as a result of logging operations but that this was a potential threat. This is particularly true where the lichen grows on boulder faces along stream edges in hardwood forests. Although there is no direct evidence of destruction of populations by silvicultural activities, monitoring of this species has only recently begun. Other populations have undoubtedly been lost without their extirpation having been documented. In addition, there is a strong association of this species with watersheds where intensive logging has not occurred (Langdon, personal communication, 1993; Weakley, personal communication, 1993). Based upon this evidence, the Service believes that intensive logging is a potential threat to some of the remaining populations of this species. Summary of Factors Affecting the Species After a thorough review and consideration of all information available, the Service has determined that Gymnoderma lineare should be classified as an endangered species. Procedures found at section 4(a)(1) of the Act and regulations (50 CFR part 424) implementing the listing provisions of the Act were followed. A species may be determined to be an endangered or threatened species due to one or more of the five factors described in section 4(a)(1). These factors and their application to Gymnoderma lineare (Evans) Yoshimura and Sharp are as follows:
A. The present or threatened destruction, modification, or curtailment of its habitat or range. Gymnoderma lineare is a narrow endemic, restricted to high-elevation mountaintops and cliff faces and the lower-elevation gorges in the Southern Appalachians of western North Carolina and eastern Tennessee (see ``Background'' section for specific distributions). Although populations are declining and vanishing for reasons that are, in many cases, not clearly understood, destruction and adverse modification of habitat pose a major threat to the remaining populations of this species. Fourteen percent of the historically known populations have been completely extirpated, and many others have been severely reduced in size. Only 32 populations remain, most covering an area less than 1 square meter (1.2 square yards) in size.
Five of these populations are on privately owned lands, with one slated for residential development within the near future. Although the majority of the remaining populations are on publicly owned lands, most of these are subject to heavy recreational use, and many have been damaged as a result. Four populations contain 75 percent of the remaining plants. Three of these are located on lands administered by the National Park Service and the U.S. Forest Service, at sites where they are subjected to intense use by hikers, climbers, and sightseers. The only other relatively large population is located on a privately owned site that has been developed as a commercial recreational facility. All the known populations combined cover a total area of approximately 142 square meters (170 square yards). All five privately owned sites are unprotected and are located in an area that is rapidly developing as a center for resorts and tourism. B. Overutilization for commercial, recreational, scientific, or educational purposes. Gymnoderma lineare is not currently a significant component of the commercial trade in native plants. Hale (1979) stated, ``This is one of the most unusual endemic lichens in North America and should not be collected by individuals.'' Nevertheless, many populations have been decimated by scientific collectors. Paula DePriest (personal communication, 1992) observed that at least one population in the Great Smoky Mountains National Park was virtually wiped out by lichenologists who collected them during a field trip. Given the very small size of most colonies and the slow growth rate of this species, extirpation by collecting or by natural accident (such as slides or floods) is a distinct possibility (Weakley 1988). Many of the populations are easily accessible, being close to trails or roads. Publicity could generate an increased demand and intensify collecting pressure (see ``Critical Habitat'' section for reasons why critical habitat is not being designated).
C. Disease or predation. This taxon is not known to be threatened by disease or predation.
D. The inadequacy of existing regulatory mechanisms. Gymnoderma lineare is afforded legal protection in North Carolina by North Carolina General Statute, article 20, chapter 106, sections 202.1- 202.8, that prohibits intrastate trade and taking of State-listed plants without a State permit and written permission of the landowner. Gymnoderma lineare is listed in North Carolina as threatened; it is not currently listed in Tennessee. State prohibitions against taking are difficult to enforce and do not cover adverse alterations of habitat or unintentional damage from recreational use. The Act will provide additional protection and encouragement of active management for Gymnoderma lineare, particularly on Federal lands. E. Other natural or manmade factors affecting its continued existence. This taxon is rare and vulnerable due to its specialized habitat requirements for bare rock faces with a precise amount of moisture and light. As mentioned in the previous sections of this rule, most of the remaining populations are small in [[Page 3560]]
numbers of individuals and in terms of area covered by the plants. Therefore, there is probably little genetic variability in this species, making it more important to maintain as much habitat and as many of the remaining colonies as possible. Rock slides, severe storms or droughts, or other natural events could easily eliminate populations of this lichen.In recent years the spruce-fir forests adjacent to the high-elevation cliffs and rock outcrops occupied by this rare lichen have suffered dramatic declines due, at least in part, to airborne pollution and the impacts of an exotic insect, the balsam wooly adelgid. The impacts of this forest decline on Gymnoderma lineare cannot be accurately assessed at this time. Even though rock gnome lichen often grows in exposed places, the drastic decline of adjacent high-elevation forests may result in excessive desiccation of the moist sites required by the species. This theory would seem to be supported by the fact that Geum radiatum (spreading avens), already federally listed as endangered, is showing drastic declines at many of the same sites. With all but seven of the remaining populations of Gymnoderma lineare being less than 2 square meters (2.4 square yards) in size, and with this species' very slow growth rate, even relatively small declines could pose a significant threat to the long-term survival and recovery of the species.
In addition to the indirect effects of air pollution on this species' habitat, lichens are known to effectively accumulate a wide variety of pollutants washed from the atmosphere by precipitation (St. Clair 1987). Photosynthetic rates, respiration rates, and the membrane integrity of lichens have all been found to be very sensitive to a wide range of common air pollutants, including sulfur dioxide. St. Clair (1987) states, ``Indeed lichen physiological processes appear to provide an indication of pollution damage long before any visible thallus necrosis or changes in community structure can be detected.'' A field study conducted by Pearson and Rodgers (1982) showed that membrane integrity in lichens is severely impacted following exposure to sulfur dioxide. Lawrey (1987) found that increasing levels of sulfur dioxide pollution had resulted in the elimination of some species of lichens in an area just north of the range of Gymnoderma lineare. Heavy metals and ozone also have been found to negatively affect lichens' potassium efflux, chlorophyll content, and photosynthetic rates (Puckett 1976, Nash and Sigal 1979, Sigal and Taylor 1979). Several observers have already noted declines in populations of Gymnoderma lineare that cannot be directly attributed to physical disturbance of the habitat (Weakley, personal communication, 1992; DePriest, personal communication, 1992; Shawn Oakley, The Nature Conservancy, North Carolina Field Office, personal communication, 1992). Given the extremely small size of most of the remaining populations, declines of just a few centimeters a year could result in the imminent extirpation of all but three of the remaining populations of this species. The Service has carefully assessed the best scientific and commercial information available regarding the past, present, and future threats faced by this species in determining to make this rule final. Based on this evaluation, the preferred action is to list Gymnoderma lineare as endangered. With 14 percent of the known populations having been completely extirpated and all the remaining populations subject to some form of threat, this species warrants protection under the Act. With the small number of individuals and area covered by the remaining populations, and with significant declines having been documented in many of these, this species is in danger of extinction throughout all or a significant portion of its range and therefore qualifies as an endangered species under the Act. Critical habitat is not being designated for the reasons discussed below. 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 the species is proposed to be endangered or threatened. The Service finds that designation of critical habitat is not presently prudent for Gymnoderma lineare. Publication of critical habitat descriptions and maps would increase public interest and possibly lead to additional threats for this species from collecting and vandalism (see threat factor ``B'' above). The species has already been subjected to excessive collecting by scientific collectors at several sites. Increased publicity and a provision of specific location information associated with critical habitat designation could result in increased collection from the remaining wild populations. Although taking of endangered plants from lands under Federal jurisdiction (and from privately owned lands under certain circumstances--see ``Available Conservation Measures'' section) and reduction to possession is prohibited by the Act, taking provisions are difficult to enforce. Publication of critical habitat descriptions would make Gymnoderma lineare more vulnerable and would increase enforcement problems for the U.S. Forest Service and the National Park Service. Also, the populations on private lands would be more vulnerable to taking. Increased visits to population locations stimulated by critical habitat designation, even without collection of plants, could adversely affect the species due to the associated increase in trampling of the fragile habitat occupied by this lichen. The lichen is easily scraped off its rocky substrate, and denuded habitat is not quickly recolonized. The Federal and State agencies and landowners involved in managing the habitat of this species have been informed of the plant's locations and of the importance of protection; therefore, it would not be prudent and no additional benefit would result from a determination of critical habitat. Available Conservation Measures Conservation measures provided to species listed as endangered or threatened under the Act include recognition, recovery actions, requirements for Federal protection, and prohibitions against certain practices. Recognition through listing encourages and results in conservation actions by Federal, State, and private agencies, groups, and individuals. The Act provides for possible land acquisition and cooperation with the States and requires that recovery actions be carried out for all listed species. Such actions are initiated by the Service following listing. The protection required of Federal agencies and the prohibitions against taking are discussed, in part, below. Section 7(a) of the Act, as amended, requires Federal agencies to evaluate their actions with respect to any species that is proposed or listed as endangered or threatened and with respect to its critical habitat, if any is being designated. Regulations implementing this interagency cooperation provision of the Act are codified at 50 CFR part 402. Section 7(a)(4) requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of a listed species or to destroy or adversely modify its critical habitat. If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency must enter into formal consultation with the Service. The U.S. Forest Service and the National Park Service have jurisdiction
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over portions of the species' habitat. Federal activities that could impact Gymnoderma lineare and its habitat in the future include, but are not limited to, the following--construction of recreational facilities (including trails, buildings, or maintenance of these facilities), use of aerially applied retardants in fire-fighting efforts, road and utility line construction, certain forest management activities, permits for mineral exploration and mining, regulation of air pollution, and any other activities that do not include planning for the species' continued existence. The Service will work with the involved agencies to secure protection and proper management of Gymnoderma lineare while accommodating agency activities to the extent possible.The Act and its implementing regulations found at 50 CFR 17.61, 17.62, and 17.63 set forth a series of general prohibitions and exceptions that apply to all endangered plants. All prohibitions at section 9(a)(2) of the Act, implemented by 50 CFR 17.61, apply. These prohibitions, in part, make it illegal for any person subject to the jurisdiction of the United States to import or export any endangered plant, transport it in interstate or foreign commerce in the course of a commercial activity, sell or offer it for sale in interstate or foreign commerce, or remove it from areas under Federal jurisdiction and reduce it to possession. In addition, the 1988 amendments (P.L. 100-478) to the Act protect endangered plants from malicious damage or destruction on Federal lands, and the removal, cutting, digging up, or damaging or destroying in knowing violation of any State law or regulation, including State criminal trespass law. Certain exceptions apply to agents of the Service and State conservation agencies. It is the policy of the Service, published in the Federal Register on July 1, 1994 (59 FR 34272), to identify to the maximum extent practicable at the time a species is listed those activities that would or would not constitute a violation of section 9 of the Act. The intent of this policy is to increase public awareness of the effect of the listing on proposed and ongoing activities within a species' range. Of the thirty-two remaining populations of Gymnoderma lineare all but five are located on public lands. Collection, damage or destruction of this species on public lands is prohibited, although in appropriate cases a Federal endangered species permit may be issued to allow collection. Removal, cutting, digging up, damaging or destroying endangered plants on non-Federal lands would constitute a violation of section 9 if conducted in knowing violation of State law or regulations or in violation of State criminal trespass law. North Carolina prohibits intrastate trade and take of G. lineare without a State permit and written permission from the landowner. G. lineare is not legally protected under Tennessee State law, since the State's list does not include nonvascular plants. The only known populations in Tennessee are found on public lands. The Service is not aware of any otherwise conducted or proposed by the public that will be affected by this listing and result in a violation of section 9. The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of permits to carry out otherwise prohibited activities involving endangered species under certain circumstances. It is anticipated that few permits would ever be sought or issued since Gymnoderma lineare is not common in the wild and is not commercially cultivated. Questions regarding whether specific activities will constitute a violation of section 9 should be directed to the Field Supervisor of the Service's Asheville Office (see ADDRESSES section). Requests for copies of the regulations on listed plants and inquiries regarding prohibitions should be addressed to the U.S. Fish and Wildlife Service, Southeast Regional Office, Ecological Services Division, Threatened and Endangered Species, 1875 Century Boulevard, Atlanta, Georgia 30345-3301 (Telephone 404/679-7099, Facsimile 404/679-7081). National Environmental Policy Act The Service has determined that an Environmental Assessment, 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 Act. A notice outlining the Service's reasons for this determination was published in the Federal Register on October 25, 1983 (48 FR 49244). References Cited Evans, A.W. 1947. A study of certain North American Cladoniae. Bryologist 50:14-51.
Hale, M. 1979. How to know the lichens, second edition. William C. Brown Company, Dubuque, IA. P. 231.
Lawrey, J.D. 1987. Lichens as indicators of atmospheric quality in the northern district of Shenandoah National Park, Virginia. Final report to the U.S. National Park Service, Denver, CO. Contract number CX-0001-4-0059.
Nash, T., III, and L. Sigal. 1979. Gross photosynthetic response of lichens to short-term ozone fumigations. The Bryologist 82(2):280- 285.
Pearson, L., and G. Rodgers. 1982. Air pollution damage to cell membranes in lichens. III. Field experiments. Phyton 22(2):329-327. Puckett, K. 1976. The effects of heavy metals on some aspects of lichen physiology. Canadian Journal of Botany 54(23):2695-2703. St. Clair, L. 1987. Final report concerning the establishment of an air quality biomonitoring program using various lichen parameters in the James River Face Wilderness Area, Jefferson National Forest, Virginia. U.S. Forest Service, Jefferson National Forest, Roanoke, VA. 16 pp.
Sigal, L., and O. Taylor. 1979. Preliminary studies on the gross photosynthetic response of lichens to peroxyacetylnitrate fumigations. The Bryologist 82(4):564-575. Weakley, A. S. 1988. Species account for Gymnoderma lineare. North Carolina Plant Conservation Program, Raleigh, NC. 3 pp. Yoshimura, I., and A. J. Sharp. 1968. A revision of the genus Gymnoderma. American Journal of Botany 55(5):635-640. Authority: The primary author of this final rule is Ms. Nora Murdock (see Addresses section). List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, 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. 2. Section 17.12(h) is amended by adding the following, in alphabetical order under lichens, to the List of Endangered and Threatened Plants to read as follows: Sec. 17.12 Endangered and threatened plants.
                      Species                                                                                                                           
--------------------------------------------------- Historic range Family name Status When listed Critical Special
     Scientific name             Common name                                                                                        habitat      rules  
                                                                                                                                                        
                                                                      * * * * * **                                                                      
         Lichens                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * **                                                                      
Gymnoderma lineare......  Rock gnome lichen.......  U.S.A. (NC, TN).........  Cladoniaceae...........  E                     572           NA         NA
                                                                                                                                                        
                                                                      * * * * * **                                                                      
[[PaDated: December 6, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-1174 Filed 1-17-95; 8:45 am] BILLING CODE 4310-55-P

 
 


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