Endangered and Threatened Wildlife and Plants; Technical Corrections for Three Midwest Region Plant Species, 55686-55689 [2010-22810]
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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.
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
See Public Comments in
SUPPLEMENTARY INFORMATION for more
information about submitting
comments.
[FR Doc. 2010–22796 Filed 9–13–10; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 9110–12–P
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.
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
Fish and Wildlife Service,
Interior.
ACTION: Direct final rule.
AGENCY:
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.
SUMMARY:
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: https://
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
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DATES:
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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
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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
https://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 https://
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 https://
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:
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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.
Tony Sullins, Field Supervisor, or Phil
Delphey, Endangered Species Coordinator;
(612) 725–3548, phil_delphey@fws.gov.
Acting
Field
Supervisor,
or
Tameka
Dandridge, Biologist; (517) 351–8315,
tameka_dandridge@fws.gov.
Columbia Missouri Field Office, U.S. Fish and
Wildlife Service, 101 Park DeVille Drive,
Suite A, Columbia, MO 65203–0057.
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.
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.
Rhodiola integrifolia ssp.
integrifolium ssp. l.).
leedyi
(=Sedum
Mimulus michiganensis (=M. glabratus var.
michiganensis).
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
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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
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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.
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Twin Cities Field Office, U.S. Fish and Wildlife
Service, 1401 American Boulevard E.,
Bloomington, MN 55425–1665.
East Lansing Field Office, U.S. Fish and Wildlife Service, 2651 Coolidge Road, Suite
101, East Lansing, MI 48823–5902.
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
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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).
List of Subjects in 50 CFR Part 17
Clarity of the Rule
Regulation Promulgation
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).
Species
Historic
range
Family
*
Michigan monkeyflower.
*
U.S.A. (MI) ..............
*
Scrophulariaceae ....
*
Physaria filiformis
(=Lesquerella f.).
*
Missouri bladderpod
*
U.S.A. (AR, MO) .....
*
Rhodiola integrifolia
ssp. leedyi
(=Sedum
integrifolium ssp.
l.).
*
Leedy’s roseroot .....
*
U.S.A. (MN, NY) .....
Common name
*
Mimulus
michiganensis
(=Mimulus
glabratus var.
michiganensis).
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Scientific name
*
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*
14:52 Sep 13, 2010
*
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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) * * *
*
*
When listed
Critical habitat
*
E
*
392,
780
NA
*
Brassicaceae ..........
*
T
*
253, 739,
780
NA
*
Crassulaceae ..........
*
T
*
460,
780
NA
*
*
*
Frm 00026
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Fmt 4700
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Status
E:\FR\FM\14SER1.SGM
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Special
rules
*
NA
*
NA
*
NA
*
Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of the 2010
yellowfin sole total allowable catch
SUMMARY:
(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
55689
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]
Pacific ocean perch
Sector
Eastern
Aleutian
District
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TAC ..................................................................................
CDQ .................................................................................
ICA ...................................................................................
BSAI trawl limited access ................................................
Amendment 80 .................................................................
Amendment 80 limited access .........................................
Amendment 80 cooperatives ...........................................
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
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14:52 Sep 13, 2010
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4,220
452
100
367
3,302
1,751
1,551
Central
Aleutian
District
Flathead
sole
Western
Aleutian
District
4,270
457
50
376
3,387
1,796
1,591
6,540
700
50
116
5,674
3,009
2,666
(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
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Fmt 4700
Sfmt 4700
Rock
sole
Yellowfin
sole
BSAI
BSAI
BSAI
60,000
6,420
5,000
0
48,580
5,708
42,872
90,000
9,630
10,000
0
70,370
17,507
52,863
219,000
23,433
2,000
22,369
171,198
60,465
110,733
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
E:\FR\FM\14SER1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Rules and Regulations]
[Pages 55686-55689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22810]
=======================================================================
-----------------------------------------------------------------------
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 monkey-flower) 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: https://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 https://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 https://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
https://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:
[[Page 55687]]
------------------------------------------------------------------------
Contact Person,
Species Phone, E-mail Contact Address
------------------------------------------------------------------------
Physaria filiformis Charlie Scott, Field Columbia Missouri
(=Lesquerella f.). Supervisor, or Paul Field Office, U.S.
McKenzie, Fish and Wildlife
Endangered Species Service, 101 Park
Coordinator; (573) DeVille Drive,
234-2132, extension Suite A, Columbia,
107, paul-- MO 65203-0057.
mckenzie@fws.gov.
Rhodiola integrifolia ssp. Tony Sullins, Field Twin Cities Field
leedyi (=Sedum Supervisor, or Phil Office, U.S. Fish
integrifolium ssp. l.). Delphey, Endangered and Wildlife
Species Service, 1401
Coordinator; (612) American Boulevard
725-3548, phil-- E., Bloomington, MN
delphey@fws.gov. 55425-1665.
Mimulus michiganensis (=M. Acting Field East Lansing Field
glabratus var. Supervisor, or Office, U.S. Fish
michiganensis). Tameka Dandridge, and Wildlife
Biologist; (517) Service, 2651
351-8315, tameka-- Coolidge Road,
dandridge@fws.gov. 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 (Al-Shehbaz 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 (Al-Shehbaz and O'Kane 2002,
p. 323). Only North American species' nomenclatural adjustments were
included in Al-Shehbaz 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,
wide-ranging 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
[[Page 55688]]
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
0
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]
0
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.
Sec. 17.12 [Amended]
0
2. Amend the List of Endangered and Threatened Plants in Sec. 17.12(h)
by:
0
a. Removing the entries under FLOWERING PLANTS for ``Lesquerella
filiformis'', ``Mimulus glabratus var. michiganensis'', and ``Sedum
integrifolium ssp. leedyi''; and
0
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:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Mimulus michiganensis (=Mimulus Michigan monkey- U.S.A. (MI)........ Scrophulariaceae... E 392, NA NA
glabratus var. michiganensis). flower. 780
* * * * * * *
Physaria filiformis (=Lesquerella Missouri bladderpod. U.S.A. (AR, MO).... Brassicaceae....... T 253, 739, NA NA
f.). 780
* * * * * * *
Rhodiola integrifolia ssp. leedyi Leedy's roseroot.... U.S.A. (MN, NY).... Crassulaceae....... T 460, NA NA
(=Sedum integrifolium ssp. l.). 780
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 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
