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

Dated: September 3, 2010. Wildlife Service; 4401 N. Fairfax Drive, includes filiformis among six Edward L. Connor, Suite 222; Arlington, VA 22203. other Midwest species. We will give the Acting Federal Insurance and Mitigation See Public Comments in same consideration to comments in Administrator, Department of Homeland SUPPLEMENTARY INFORMATION for more regard to the of Missouri Security, Federal Emergency Management information about submitting bladderpod submitted in response to Agency. comments. either this direct final rule or our notice [FR Doc. 2010–22796 Filed 9–13–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: to initiate 5-year reviews; you do not BILLING CODE 9110–12–P Carlita Payne, Fish and Wildlife need to submit separate comments Biologist, U.S. Fish and Wildlife pertaining to this issue for both Service, Midwest Regional Office, documents. DEPARTMENT OF THE INTERIOR Division of Endangered Species, 1 Public Comments Federal Drive, Fort Snelling, MN 55111– Fish and Wildlife Service 4056; telephone 612–713–5350. You may submit your comments and Individuals who are hearing impaired or materials regarding this direct final rule 50 CFR Part 17 speech impaired may call the Federal by one of the methods listed in the [Docket No. FWS–R3–ES–2010–0068; Relay Service at 800–877–8337 for TTY ADDRESSES section. Please include 92220–1113–0000–B3] (telephone typewriter or teletypewriter) sufficient information with your comments that allows us to verify any RIN 1018–AX28 assistance 24 hours a day, 7 days a week. scientific or commercial information you include. We will not consider Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: and ; Technical Corrections for comments sent by e-mail or fax, or to an Three Midwest Region Species Purpose of Direct Final Rule and Final address not listed in the ADDRESSES Action section. AGENCY: Fish and Wildlife Service, We will post all comments on Interior. The purpose of this direct final rule is to notify the public that we are http://www.regulations.gov. This ACTION: Direct final rule. revising the List of Endangered and generally means that we will post any personal information you provide us. SUMMARY: We, the U.S. Fish and Threatened Plants to reflect the scientifically accepted taxonomy and Before including your address, phone Wildlife Service, announce the revised number, e-mail address, or other taxonomy of Lesquerella filiformis nomenclature of three plant species listed under section 4 of the Act (16 personal information in your comment, (Missouri bladderpod), Sedum you should be aware that your entire integrifolium ssp. leedyi (Leedy’s U.S.C. 1531 et seq.). These changes to the List of Endangered and Threatened comment—including your personal roseroot), and Mimulus glabratus var. identifying information—may be made michiganensis (Michigan monkey- Plants (50 CFR 17.12(h)) reflect the most recently accepted scientific names in publicly available at any time. While flower) under the Endangered Species you can ask us in your comment to Act of 1973, as amended (Act). We are accordance with 50 CFR 17.12(b). We are publishing this rule without a withhold your personal identifying revising the List of Endangered and information from public review, we Threatened Plants to reflect the current prior proposal because this is a noncontroversial action that does not cannot guarantee that we will be able to scientifically accepted taxonomy and do so. nomenclature of these species. We alter the regulatory protections afforded revise the scientific names of these to these species, and therefore, in the Comments and materials we receive, species as follows: Physaria filiformis best interest of the public, should be as well as supporting documentation we (=Lesquerella f.), integrifolia undertaken in as timely a manner as used in preparing this direct final rule, ssp. leedyi (=Sedum integrifolium ssp. possible. This rule will be effective, as will be available for public inspection l.), and Mimulus michiganensis (=M. published in this document, on the on the Internet at http:// glabratus var. michiganensis), effective date specified in the DATES www.regulations.gov or by appointment, respectively. section, unless we receive significant during normal business hours at the adverse comments on or before the U.S. Fish and Wildlife Service Midwest DATES: This rule is effective December comment due date specified in the Regional Office (see FOR FURTHER 13, 2010, without further action, unless DATES section of this document. INFORMATION CONTACT). Please note that significant adverse comment is received Significant adverse comments are comments posted to http:// by October 14, 2010. If significant comments that provide strong www.regulations.gov are not adverse comment is received, we will justifications as to why this rule should immediately viewable. When you publish a timely withdrawal of the rule not be adopted or why it should be submit a comment, the system receives in the Federal Register. changed. it immediately. However, the comment ADDRESSES: You may submit comments If we receive significant adverse will not be publicly viewable until we by one of the following methods: comments, we will publish a document post it, which might not occur until • Federal eRulemaking Portal: http:// in the Federal Register withdrawing several days after submission. www.regulations.gov. Follow the this rule before the effective date, and Information regarding this rule is instructions for submitting comments to we will engage in the normal available in alternative formats upon Docket No. FWS–R3–ES–2010–0068. rulemaking process to promulgate these request (see FOR FURTHER INFORMATION • U.S. mail or hand-delivery: Public changes to 50 CFR 17.12. CONTACT). For information pertaining to Comments Processing, Attn: FWS–R3– Elsewhere in today’s issue of the specific species, please contact the ES–2010–0068; Division of Policy and Federal Register, we have published a following Ecological Services Field Directives Management; U.S. Fish and notice to initiate 5-year reviews that Offices:

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Contact Person, Phone, Species E-mail Contact Address

Physaria filiformis (=Lesquerella f.) ...... Charlie Scott, Field Supervisor, or Paul Columbia Missouri Field Office, U.S. Fish and McKenzie, Endangered Species Coordi- Wildlife Service, 101 Park DeVille Drive, nator; (573) 234–2132, extension 107, Suite A, Columbia, MO 65203–0057. [email protected]. Rhodiola integrifolia ssp. leedyi (=Sedum Tony Sullins, Field Supervisor, or Phil Twin Cities Field Office, U.S. Fish and Wildlife integrifolium ssp. l.). Delphey, Endangered Species Coordinator; Service, 1401 American Boulevard E., (612) 725–3548, [email protected]. Bloomington, MN 55425–1665. Mimulus michiganensis (=M. glabratus var. Acting Field Supervisor, or Tameka East Lansing Field Office, U.S. Fish and Wild- michiganensis). Dandridge, Biologist; (517) 351–8315, life Service, 2651 Coolidge Road, Suite [email protected]. 101, East Lansing, MI 48823–5902.

Background similarities in the floral patterns, W. Moore) H. Ohba (Ohba 2003, p. 218). growth, and trichome morphology The species was listed as threatened on Section 17.12(b) of title 50 of the Code between Lesquerella and Physaria (Al- April 22, 1992 (57 FR 14649) and will of Federal Regulations (CFR) requires us Shehbaz and O’Kane 2002, p. 319). The continue to be listed as threatened. to use the most recently accepted genera are also characterized by their scientific name of any plant species that Mimulus michiganensis colpate pollen grains, which is a we have determined to be an distinguishable synapomorphic trait The scientific name change of endangered or threatened species. Using from the rest of the family (Al-Shehbaz Mimulus michiganensis from Mimulus the best available scientific information, and O’Kane 2002, p. 320). The new glabratus var. michiganensis is this direct final rule documents combination is Physaria filiformis supported by Posto and Prather’s (2003, taxonomic changes of the scientific (Rollins) O’Kane & Al-Shehbaz (Al- pp. 172–173) extensive evolutionary names to three entries on the List of Shehbaz and O’Kane 2002, p. 323). Only and genetic studies. At the time of its Endangered and Threatened Plants (50 North American species’ nomenclatural listing (55 FR 25596; June 21, 1990), CFR 17.12(h)). The basis for the adjustments were included in Al- Mimulus glabratus var. michiganensis taxonomic changes is supported by Shehbaz and O’Kane’s publication (Michigan monkey-flower) was ranked published studies in peer-reviewed (2002, p. 321). This taxonomic change is as a variety. Posto and Prather’s (2003, journals. We revise the scientific names included in our most recent 5-year pp. 172–178) study supports the of these species under section 4 of the review for the species (USFWS 2008, p. elevation of the taxon in rank to species Act (16 U.S.C. 1531 et seq.) as follows: 2), as well as the reclassification of this Mimulus michiganensis, and, therefore, Physaria filiformis (=Lesquerella f.) plant from endangered to threatened the new combination was established (Missouri bladderpod), Rhodiola status on October 15, 2003 (68 FR and accepted in the scientific integrifolia ssp. leedyi (=Sedum 59337). This species will continue to be community. Pennell (1935 in USFWS integrifolium ssp. l.) (Leedy’s roseroot), listed as threatened. 1997, p. 1) originally described the and Mimulus michiganensis (=M. taxon as a subspecies of M. glabratus, Rhodiola integrifolia ssp. leedyi glabratus var. michiganensis) (Michigan and Fassett (1939 in USFWS 1997, p. 1) monkey-flower). We make these changes The scientific name change of subsequently gave the taxon varietal to the List of Endangered and Rhodiola integrifolia ssp. leedyi status. Past researchers noted Threatened Plants (50 CFR 17.12(h)) to (Leedy’s roseroot) from Sedum morphological overlap with other taxa, reflect the most recently accepted integrifolium ssp. leedyi is supported by particularly the more common, wide- scientific names in accordance with 50 extensive morphological and genetic ranging James’ monkey-flower (M. CFR 17.12(b). studies. Carl Linnaeus described the glabratus var. jamesii) (Crispin 1981 in Taxonomic Classification genus Rhodiola in 1753, recognizing it USFWS 1997, p. 1; Bliss 1983 in as distinct from the genus Sedum USFWS 1997, p. 1; Bliss 1986 in Physaria filiformis (Moran 2000, p. 137; Ohba 2003, p. USFWS 1997, p. 1), but floral character The scientific name change of 210), but many twentieth century studies of closely related taxa supported Physaria filiformis (Rollins) O’Kane & authors regarded the genus as a maintaining variety michiganensis as a Al-Shehbaz (Missouri bladderpod) from synonym of Sedum L. (Ohba 1980, pp. distinct taxonomic entity (Bliss 1983 in Lesquerella filiformis Rollins (Rollins 356–358). However, recent evidence, USFWS 1997, p. 1; Bliss 1986 in 1956, pp. 201–202; Rollins 1993, p. 618) including chloroplast and nuclear DNA USFWS 1997, p. 1; Minc 1989 in is supported by Al-Shehbaz and data, support the original recognition of USFWS 1997, p. 1). O’Kane’s (2002, pp. 319–320) extensive Sedum and Rhodiola as distinct genera However, random amplified molecular, ecological, morphological, (Ohba 1980, pp. 356–358; Van Ham and polymorphic DNA (RAPD) data (Posto and distributional data. Al-Shehbaz and ‘T Hart 1998, p. 127; Ohba 2003, p. 210; and Prather 2003, pp. 176–177) revealed O’Kane (2002, p. 321) concluded that Mayuzumi and Ohba 2004, p. 588). R. the following: M. michiganensis is the genus Lesquerella should be united T. Clausen (1975, p. 474), following the genetically distinct from other members with the earlier-published genus mid-twentieth century trend, treated of the Mimulus complex; it has low Physaria, initially discussed in Gray Rhodiola as a subgenus of Sedum, but genetic similarity to M. glabratus var. (1848, pp. 161–162). Although Rollins the Flora of North America has more jamesii (a species implicated in its (1939, pp. 393–398; 1993, pp. 588–589, recently returned to the original origin); and groups of M. michiganensis pp. 696–697) supported the separation recognition of Rhodiola as a distinct individuals separate from all other of the two genera because Physaria has genus (Moran 2009, p. 164) that individuals in the Unweighted Pair didymous fruits with deep sinuses includes Leedy’s roseroot. The new Group Method with Arithmetic Mean between the valves distally, and often combination is Rhodiola integrifolia (UPGMA) phenogram. In addition, M. proximally as well, he also noted strong Rafinesque ssp. leedyi (Rosendahl & J. michiganensis is not interfertile with

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any other member of the M. glabratus adopted under section 4(a) of the List of Subjects in 50 CFR Part 17 complex, and it maintains its Endangered Species Act. We published Endangered and threatened species, morphological distinctiveness where it a notice outlining our reasons for this Exports, Imports, Reporting and is found sympatric with other M. determination in the Federal Register recordkeeping requirements, glabratus (Posto and Prather 2003, p. on October 25, 1983 (43 FR 49244). Transportation. 177). For these reasons, Posto and Prather (2003, p. 172) report the Clarity of the Rule Regulation Promulgation elevation of the taxon in rank from We are required by Executive Orders ■ variety to species, and they found no 12866 and 12988 and by the For the reasons given in the preamble, evidence to support earlier hypotheses Presidential Memorandum of June 1, we amend part 17, subchapter B of or a role of M. guttatus in the origin of 1998, to write all rules in plain chapter I, title 50 of the Code of Federal M. michiganensis through hybridization language. This means that each rule we Regulations, as set forth below: with M. glabratus var. jamesii or publish must: PART 17—[AMENDED] through direct ancestry via an (a) Be logically organized; aneuploidy event. The species will (b) Use the active voice to address ■ 1. The authority citation for part 17 continue to be listed as endangered. readers directly; continues to read as follows: Required Determinations (c) Use clear language rather than Authority: 16 U.S.C. 1361–1407; 16 U.S.C. jargon; 1531–1544; 16 U.S.C. 4201–4245; Public Law Paperwork Reduction Act of 1995 (d) Be divided into short sections and 99–625; 100 Stat. 3500; unless otherwise This rule does not contain any new sentences; and noted. collections of information that require (e) Use lists and tables wherever § 17.12 [Amended] approval by OMB under the Paperwork possible. Reduction Act (44 U.S.C. 3501 et seq.). ■ 2. Amend the List of Endangered and This rule will not impose recordkeeping If you feel that we have not met these Threatened Plants in § 17.12(h) by: or reporting requirements on State or requirements, send us comments by one ■ a. Removing the entries under local governments, individuals, of the methods listed in the ADDRESSES FLOWERING PLANTS for ‘‘Lesquerella businesses, or organizations. An agency section. To help us to revise this rule, filiformis’’, ‘‘Mimulus glabratus var. may not conduct or sponsor, and a your comments should be as specific as michiganensis’’, and ‘‘Sedum person is not required to respond to, a possible. For example, you should tell integrifolium ssp. leedyi’’; and collection of information unless it us the numbers of the sections or ■ b. Adding in alphabetic order under displays a currently valid OMB control paragraphs that are unclearly written, FLOWERING PLANTS entries for number. which sections or sentences are too ‘‘Mimulus michiganensis (=M. glabratus long, the sections where you feel lists or var. michiganensis)’’, ‘‘Physaria National Environmental Policy Act tables would be useful, etc. filiformis (=Lesquerella f.)’’, and We have determined that we do not References Cited ‘‘Rhodiola integrifolia ssp. leedyi need to prepare Environmental (=Sedum integrifolium ssp. l.)’’ to read Assessments, or Environmental Impact A complete list of the referenced as follows: Statements, as defined under the materials is available upon request from authority of the National Environmental the U.S. Fish and Wildlife Service § 17.12 Endangered and threatened plants. Policy Act of 1969 (42 U.S.C. 4321 et Midwest Regional Office (see FOR * * * * * seq.), in connection with regulations FURTHER INFORMATION CONTACT). (h) * * *

Species Historic Family Status When listed Critical habi- Special Scientific name Common name range tat rules

******* Mimulus Michigan monkey- U.S.A. (MI) ...... Scrophulariaceae .... E 392, NA NA michiganensis flower. 780 (=Mimulus glabratus var. michiganensis).

******* Physaria filiformis Missouri bladderpod U.S.A. (AR, MO) ..... ...... T 253, 739, NA NA (=Lesquerella f.). 780

******* Rhodiola integrifolia Leedy’s roseroot ..... U.S.A. (MN, NY) ..... ...... T 460, NA NA ssp. leedyi 780 (=Sedum integrifolium ssp. l.).

*******

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Dated: August 19, 2010. (TAC) assigned to the Bering Sea and metric tons (mt) and to the Amendment Wendi Weber, Aleutian Islands trawl limited access 80 cooperative is 90,733 mt as Acting Deputy Director, Fish and Wildlife sector to the Amendment 80 cooperative established by the final 2010 and 2011 Service. in the Bering Sea and Aleutian Islands harvest specifications for groundfish in [FR Doc. 2010–22810 Filed 9–13–10; 8:45 am] management area (BSAI). This action is the BSAI (75 FR 11778, March 12, BILLING CODE 4310–55–P necessary to allow the 2010 total 2010). allowable catch of yellowfin sole to be The Administrator, Alaska Region, fully harvested. NMFS, has determined that 20,000 mt of DEPARTMENT OF COMMERCE DATES: Effective September 9, 2010, the yellowfin sole TAC assigned to the through 2400 hrs, Alaska local time BSAI trawl limited access sector will National Oceanic and Atmospheric (A.l.t.), December 31, 2010. not be harvested. Therefore, in Administration FOR FURTHER INFORMATION CONTACT: accordance with § 679.91(f), NMFS reallocates 20,000 mt of yellowfin sole 50 CFR Part 679 Steve Whitney, 907–586–7269. SUPPLEMENTARY INFORMATION: NMFS from the BSAI trawl limited access [Docket No. 0910131363–0087–02] manages the groundfish fishery in the sector to the Amendment 80 cooperative RIN 0648–XY99 BSAI according to the Fishery in the BSAI. In accordance with Management Plan for Groundfish of the § 679.91(f), NMFS will reissue Fisheries of the Exclusive Economic Bering Sea and Aleutian Islands cooperative quota permits for the Zone Off Alaska; Reallocation of Management Area (FMP) prepared by reallocated yellowfin sole following the Yellowfin Sole in the Bering Sea and the North Pacific Fishery Management procedures set forth in § 679.91(f)(3). Aleutian Islands Management Area Council under authority of the The harvest specifications for AGENCY: National Marine Fisheries Magnuson-Stevens Fishery yellowfin sole included in the harvest Service (NMFS), National Oceanic and Conservation and Management Act. specifications for groundfish in the Atmospheric Administration (NOAA), Regulations governing fishing by U.S. BSAI (75 FR 11778, March 12, 2010) are Commerce. vessels in accordance with the FMP revised as follows: 22,369 mt to the appear at subpart H of 50 CFR part 600 ACTION: Temporary rule; reallocation. BSAI trawl limited access sector and and 50 CFR part 679. 110,733 mt to the Amendment 80 SUMMARY: NMFS is reallocating the The 2010 yellowfin sole TAC assigned cooperative in the BSAI. Table 7a is projected unused amount of the 2010 to the Bering Sea and Aleutian Islands correctly revised and republished in its yellowfin sole total allowable catch trawl limited access sector is 42,369 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 Flathead Rock Yellowfin sole sole sole Sector Eastern Central Western Aleutian Aleutian Aleutian District District 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 (AA), finds good cause to waive the the revised allocations. Immediate well-being of harvesters dependent requirement to provide prior notice and notification is necessary to allow for the upon yellowfin sole in this area. The opportunity for public comment orderly conduct and efficient operation Regional Administrator considered the pursuant to the authority set forth at 5 of this fishery, to allow the industry to following factors in reaching this U.S.C. 553(b)(B) as such requirement is plan for the fishing season, and to avoid decision: (1) The current catch of impracticable and contrary to the public potential disruption to the fishing fleet yellowfin sole by the BSAI trawl limited interest. This requirement is as well as processors. NMFS was unable access sector and, (2) the harvest impracticable and contrary to the public to publish a notice providing time for capacity and stated intent on future interest as it would prevent NMFS from public comment because the most harvesting patterns of the Amendment responding to the most recent fisheries recent, relevant data only became 80 cooperative that participates in this data in a timely fashion and would available as of September 8, 2010. BSAI fishery. delay the reallocation of yellowfin sole The AA also finds good cause to Classification from the BSAI trawl limited access waive the 30-day delay in the effective This action responds to the best sector to the Amendment 80 cooperative date of this action under 5 U.S.C. available information recently obtained in the BSAI. Since the fishery is 553(d)(3). This finding is based upon from the fishery. The Assistant currently open, it is important to the reasons provided above for waiver of Administrator for Fisheries, NOAA immediately inform the industry as to

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