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listed in this final rule have been Flexibility Act because the National the Paperwork Reduction Act, 44 U.S.C. adequately notified. Flood Insurance Act of 1968, as 3501 et seq. Each community receives a 6-month, amended, 42 U.S.C. 4022, prohibits 90-day, and 30-day notification letter flood insurance coverage unless an List of Subjects in 44 CFR Part 64 addressed to the Chief Executive Officer appropriate public body adopts Flood insurance, Floodplains. that the community will be suspended adequate floodplain management unless the required floodplain measures with effective enforcement I Accordingly, 44 CFR part 64 is management measures are met prior to measures. The communities listed no amended as follows: the effective suspension date. Since longer comply with the statutory these notifications have been made, this requirements, and after the effective PART 64—[AMENDED] final rule may take effect within less date, flood insurance will no longer be than 30 days. available in the communities unless I 1. The authority citation for part 64 they take remedial action. continues to read as follows: National Environmental Policy Act Authority: 42 U.S.C. 4001 et seq.; This rule is categorically excluded Regulatory Classification Reorganization Plan No. 3 of 1978, 3 CFR, from the requirements of 44 CFR part This final rule is not a significant 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 10, Environmental Considerations. No regulatory action under the criteria of 3 CFR, 1979 Comp.; p. 376. environmental impact assessment has section 3(f) of Executive Order 12866 of been prepared. September 30, 1993, Regulatory § 64.6 [Amended] Planning and Review, 58 FR 51735. Regulatory Flexibility Act I 2. The tables published under the The Administrator has determined Paperwork Reduction Act authority of § 64.6 are amended as that this rule is exempt from the This rule does not involve any follows: requirements of the Regulatory collection of information for purposes of

Date certain Federal assistance no Community Effective date authorization/cancellation of Current effec- longer State and location No. sale of flood insurance in community tive map date available in special flood hazard areas

Region VII Nebraska: Bristow, Village of, 310012 January 13, 1976, Emerg; June 3, 1986, Reg; August 18, 08/18/05 08/18/05 Boyd County. 2005, Susp. Creighton, City of, Knox Coun- 310360 June 6, 1996, Emerg; September 1, 1996, Reg; August 18, 08/18/05 08/18/05 ty. 2005, Susp. Crofton, City of, Knox County 310361 July 9, 1976, Emerg; September 1, 1986, Reg; August 18, 08/18/05 08/18/05 2005, Susp. Lynch, Village of, Boyd Coun- 310013 November 21, 1975, Emerg; June 15, 1988, Reg; August 08/18/05 08/18/05 ty. 18, 2005, Susp. Niobrara, Village of, Knox 310132 July 25, 1974, Emerg; August 19, 1986, Reg; August 18, 08/18/05 08/18/05 County. 2005, Susp. Spencer, Village of, Boyd 310399 July 9, 1976, Emerg; September 24, 1984, Reg; August 18, 08/18/05 08/18/05 County. 2005, Susp. Verdigre, Village of, Knox 310133 May 16, 1975, Emerg; September 1, 1986, Reg; August 18, 08/18/05 08/18/05 County. 2005, Susp. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: August 11, 2005. DEPARTMENT OF THE INTERIOR sunflower) from the List of Endangered Michael K. Buckley, and Threatened Plants pursuant to the Acting Deputy Director, Mitigation Division, Fish and Wildlife Service Endangered Species Act of 1973, as Emergency Preparedness and Response amended (Act), because recovery Directorate. 50 CFR Part 17 actions have secured a number of [FR Doc. 05–16381 Filed 8–17–05; 8:45 am] RIN 1018–AJ08 populations and identified additional BILLING CODE 9110–12–P populations not previously known. Endangered and Threatened Wildlife Therefore, the threatened designation no and Plants; Removal of Helianthus longer correctly reflects the current eggertii (Eggert’s Sunflower) From the status of this plant. This action is based Federal List of Endangered and on a review of all available data, which Threatened Plants indicate that the species is now AGENCY: Fish and Wildlife Service, protected on Federal, State, and county Interior. lands; is more widespread and abundant ACTION: Final rule. than was documented at the time of listing; and is more resilient and less SUMMARY: We, the U.S. Fish and vulnerable to certain activities than Wildlife Service (Service), are removing previously thought. Due to the recent the plant Helianthus eggertii (Eggert’s development of a management plan for

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H. eggertii, a management plan for the been made since 1990, when extensive species appears to be relatively high and barrens/woodland ecosystem, and an searches for the species began (Jones that the highest levels of genetic Integrated Natural Resources 1991; USFWS 1999a). The species is diversity occur in the southern portion Management Plan at the U.S. Air Force’s commonly associated with the barrens/ of the species’ range. Cruzan (2002) also Arnold Engineering and Development woodland ecosystem, a complex of concluded that the range of H. eggertii Center, on whose land a significant generally subxeric (somewhat dry) plant is not geographically subdivided into number of sites/populations occur, new communities maintained by drought distinct genetic units. management practices will include and fire with a grassy ground cover and H. eggertii is a hexaploid (composed managing for, and monitoring the areas scattered medium-to-small-canopy trees of cells that have six chromosome sets) that contain, this species. Occurrences (USFWS 1999a). sunflower, and, although its of H. eggertii are also found on six other H. eggertii is a tall plant, growing up distinctiveness as a species has been Federal, State, or county lands, five of to 2.5 meters (8 feet), with round stems established by morphological studies which now have conservation arising from fleshy rhizomes (lateral (USFWS 1999a) and biochemical agreements with us to protect, manage, storage stems that grow along or just studies (Spring and Schilling 1991), it and monitor the species. The remaining below the soil’s surface). The stems and probably outcrosses (breeds with less site is jointly owned by the Kentucky upper leaf surfaces have a blue-waxy closely related individuals) with other State Nature Preserves Commission and coloration and the lower leaf surfaces hexaploid sunflowers (Jones 1991). It is The Nature Conservancy and has a are conspicuously whitened (Jones not known how commonly outcrossing dedicated conservation easement and a 1991). It has opposite (rarely whorled) occurs and to what degree this can management plan in place to protect H. leaves that are sessile (without a stalk), eventually degrade the genetic integrity eggertii. lanceolate (lance-shaped) to narrowly of the species. Helianthus strumosus At the time of listing, there were 34 ovate (egg-shaped) in shape, and are (pale-leaved woodland sunflower), known H. eggertii sites occurring in 1 either scabrous (rough) or glabrous occasionally found in association with county in Alabama, 5 counties in (smooth) on the upper surface. Leaf H. eggertii, has been identified as a Kentucky, and 8 counties in Tennessee. edges are smooth or minutely toothed, sunflower with a compatible ploidy The species was not defined in terms of and the tip is usually pointed. Large (number of sets of chromosomes) level ‘‘populations’’ at that time. Increased yellow flowers 8 centimeters (3 inches) (Jones 1991). knowledge of H. eggertii and its habitat in diameter are borne on the upper third H. eggertii typically occurs on rolling- has resulted in increased success in of the stem. Seeds are blackish or to-flat uplands and in full sun or partial locating new plant sites. Presently, there grayish and mottled, 5 to 6 millimeters shade. It is often found in open fields or are 287 known H. eggertii sites (making (0.20 to 0.24 inch) long, faintly striated in thickets along woodland borders and up 73 populations) distributed across 3 (striped), and with a few scattered hairs. with other tall herbs and small trees. It counties in Alabama, 9 counties in Flowering begins in early August and persists in, and may even invade, Kentucky, and 15 counties in continues through mid-September and roadsides, power line rights-of-way, or Tennessee. Consequently, H. eggertii is achenes (small, dry, hard, one-celled, fields that have suitable open habitat. not likely to become endangered within one-seeded fruit that stays closed at The distribution of this species shows a the foreseeable future throughout all or maturity) mature from early September strong correlation with the barrens (and a significant portion of its range and, to early October (Jones 1991). Jones similar habitats) of the Interior Low therefore, is no longer considered to be (1991) observed fruit set at between 5 Plateau Physiographic Province, with threatened. and 25 seeds per flower head. some records from the Cumberland Originally, seed germination rates were Plateau Section of the Appalachian DATES: This final rule is effective thought to be low (rarely exceeding 25 Plateau Physiographic Province. September 19, 2005. percent), possibly requiring exposure to When H. eggertii was listed as ADDRESSES: Comments and materials cold to break dormancy (USFWS 1999a). threatened in 1997, it was known from received, as well as supporting However, recent data suggest that seed only 1 site in 1 county in Alabama, 13 documentation used in preparation of germination rates are relatively high sites in 5 counties in Kentucky, and 20 this final rule, are available for public (around 65 percent) if the seeds go sites in 8 counties in Tennessee. While inspection, by appointment, during through a stratification process (a period the species was not defined in terms of normal business hours at the Tennessee of cold weather, moisture, and darkness ‘‘populations’’ at that time, the Alabama Field Office, U.S. Fish and Wildlife needed to break dormancy) (Cruzan site was described as vigorous, while Service, 446 Neal Street, Cookeville, 2002). most sites in Kentucky contained less Tennessee 38501. This sunflower develops an extensive than 15 stems, with 4 sites having 5 or You may obtain copies of the final rhizome system that may result in the fewer stems, and about 50 percent of the rule from the field office address above, production of dense clusters or patches Tennessee sites contained fewer than 20 by calling 931–528–6481, or from our of stems. These rhizomes can live for stems (62 FR 27973; May 22, 1997). Web site at http://cookeville.fws.gov. many years. Because of this extensive When the recovery plan for this species FOR FURTHER INFORMATION CONTACT: rhizome system, the plant does not have was finalized in 1999, there was 1 Timothy Merritt, Tennessee Field Office to produce seeds every year to ensure its known site in Alabama, 27 sites in 6 (telephone 931–528–6481, extension survival. If environmental conditions counties in Kentucky, and 203 sites in 211; facsimile 931–528–7075). change (e.g., increased competition, 12 counties in Tennessee. SUPPLEMENTARY INFORMATION: shading, etc.), it can survive for several The term ‘‘population,’’ as it relates to years by vegetative means, as Jones H. eggertii, was first defined in the Background (1991) has noted in several populations. recovery plan as ‘‘a group of plants that Helianthus eggertii (Eggert’s Plants may also be established from is isolated by geographic discontinuity sunflower) is a perennial member of the seeds within these patches, so a mix of or a distance of one-half mile’’ (USFWS aster family (Asteraceae) known only different individuals can eventually 1999a). Recent studies on H. eggertii from Alabama, Kentucky, and contribute to these extensive patches genetics by Cruzan (2002) suggested that Tennessee. Although it was originally (Jones 1991). Cruzan (2002) concluded a population of fewer than 100 described in 1897, most collections have that the level of genetic diversity in this flowering stems is unlikely to be

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sufficiently large enough to maintain finalized within 2 years be withdrawn. decision included a determination that genetic diversity, while more recently On December 10, 1979 (44 FR 70796), the designation of critical habitat was Starnes (2004) has stated that we published a notice withdrawing all not prudent for H. eggertii. populations larger than 50 stems plant species proposed in the June 16, The final recovery plan for H. eggertii showed a ‘‘high amount of genetic 1976, rule. The revised Notice of Review was completed in December 1999. The diversity.’’ Cruzan (2002) also estimated for Native Plants published on recovery plan provides the following a reasonable fragmentation threshold of December 15, 1980 (45 FR 82480), criteria to consider H. eggertii for 1 kilometer (km) (0.6 mile (mi)); that is, included H. eggertii as a category 2 delisting: (1) The long-term sites within that distance of each other species. Category 2 species were conservation/protection of 20 were close enough to exchange genetic described as those taxa for which the geographically distinct, self-sustaining material. The further use of the term Service had information indicating that populations (distributed throughout the ‘‘population’’ in this document proposing to list them as endangered or species’ range or as determined by indicates a site, or sites, that threatened might be appropriate, or for genetic uniqueness) must be provided cumulatively have more than 100 which substantial data on biological through management agreements or flowering plants and that do not occur vulnerability and threats were not conservation easements on public land more than 1 km (0.6 mi) apart. Based on known at the time or were not on file or land owned by private conservation 2004 data from the Alabama, Kentucky, to support the listing. It was groups, and (2) these populations must and Tennessee Natural Heritage subsequently retained as a category 2 be under a management regime Programs and the Service, there are 10 species when the Notice of Review for designed to maintain or improve the known sites in 3 counties in north Native Plants was revised in 1983 (48 habitat and each population must be Alabama, 33 sites in 9 counties in FR 53640), 1985 (50 FR 39526), and stable or increasing for 5 years. There central Kentucky, and 244 sites in 15 1990 (55 FR 6184). are presently 27 populations that are counties in middle Tennessee (Alabama All plant taxa included in the under a management regime that Natural Heritage Database 2003, 2004; comprehensive plant notices are treated benefits the species and that occur on Kentucky Natural Heritage Database as if under a petition. Section 4(b)(3)(B) public land or land owned by a private 2003, 2004; Tennessee Natural Heritage of the Act, as amended in 1982, requires conservation group (i.e., The Nature Database 2003, 2004; Service the Secretary to make certain findings Conservancy (TNC)). These are unpublished data). Applying the on pending petitions within 12 months geographically distinct (separated by definition above to the current situation of their receipt. Section 2(b)(1) of the more than 1 km (0.6 mi)), and self- for this species, Alabama has 7 1982 amendments further requires that sustaining (greater than 100 flowering populations, Kentucky has 18 all petitions pending as of October 13, stems). These populations are scattered populations, and Tennessee has 48 1982, be treated as having been newly throughout the species’ historic range. populations; 27 of these 73 populations submitted on that date. This was the We have 5 years of monitoring data on occur on public lands. Furthermore, the case for H. eggertii because of the each of the 27 populations that show total of 287 currently known sites of H. acceptance of the 1975 Smithsonian they are stable or increasing. We have eggertii far exceeds the 34 sites known report as a petition. In 1983, we found finalized cooperative management at the time the species was listed. that the petition calling for the listing of agreements with Kentucky H. eggertii was not warranted because of Transportation Cabinet (KTC) (1 Previous Federal Actions insufficient data on its distribution, population), Tennessee Wildlife Federal actions on this species began vulnerability, and degrees of threat. We Resources Agency (TWRA) (8 in 1973, when the Act (16 U.S.C. 1531 funded a survey in 1989 to determine populations), City of Nashville’s A.G. et seq.) was passed. Section 12 of the the status of H. eggertii in Alabama, Beaman Park (AGBP) (2 populations), Act directed the Secretary of the Kentucky, and Tennessee. In 1990, the TNC’s Baumberger Barrens (1 Smithsonian Institution to prepare a Service had not yet received the results population), Arnold Air Force Base report on those plants considered to be of the survey we had funded, and it was (AAFB) (11 populations), and Mammoth endangered, threatened, or extinct. This believed that additional surveys of Cave National Park (MCNP) (3 report, designated as House Document potential habitat and further populations) for the long-term No. 9451, was presented to Congress on identification of threats were needed protection of H. eggertii. These January 9, 1975. On July 1, 1975, we before a decision could be made on cooperative management agreements published a notice in the Federal whether to propose listing the species. will remain in place even if the species Register (40 FR 27823) that formally In 1991, we accepted a final report on is delisted. The Kentucky State Nature accepted the Smithsonian report as a these surveys (Jones 1991). Information Preserves Commission (KSNPC) and petition within the context of section contained in the 1991 final report TNC each hold a 50 percent undivided 4(c)(2) (now section 4(b)(3)) of the Act. completed informational gaps and interest in the Eastview Barrens in By accepting this report as a petition, provided what was then thought to be Hardin County, Kentucky. There is a we also acknowledged our intention to sufficient data to warrant preparation of permanent conservation easement for review the status of those plant taxa a proposed rule to list the species. H. the Eastview Barrens as well as a named within the report. Helianthus eggertii was accepted as a category 1 management plan to protect and eggertii was included in the species on August 30, 1993, and was maintain the barrens, which includes Smithsonian report and also in the July included in the revised Notice of one population of H. eggertii. 1, 1975, Notice of Review (FR 27823). Review for Native Plants published on Other Federal involvement with H. On June 16, 1976, we published a notice September 30, 1993 (58 FR 51144). On eggertii subsequent to listing has in the Federal Register (41 FR 24523) September 9, 1994 (59 FR 46607), we included funding for recovery activities that determined approximately 1,700 published a proposal to list H. eggertii such as surveys for new locations, vascular plant taxa, including H. as a threatened species. A final rule monitoring of known populations, eggertii, to be endangered pursuant to placing H. eggertii on the Federal List of population and ecological genetics section 4 of the Act. Endangered and Threatened Plants as a studies, and collection and analysis of The 1978 amendments to the Act threatened species was published on ecological and biological data. We have required that all proposals that were not May 22, 1997 (62 FR 27973). That also been involved with the

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development of the Eggert’s Sunflower In accordance with our peer review (1 population), AAFB (11 populations), Management Plan, Barrens Management policy published on July 1, 1994 (59 FR and MCNP (3 populations) for the long- Plan, and the Integrated Natural 34270), we solicited independent term protection of H. eggertii. These Resources Management Plan for AAFB opinions from three knowledgeable cooperative management agreements in Tennessee. All of these plans address individuals who have expertise with the will remain in place after the species is H. eggertii and its habitat (see species, who are within the geographic delisted. The KSNPC and TNC each discussion under Factor A). We have region where the species occurs, and/or hold a 50 percent undivided interest in evaluated potential impacts to this are familiar with the principles of the Eastview Barrens in Hardin County, species from 262 Federal actions. The conservation biology. We received Kentucky. There is a conservation majority of these actions were highway comments from all three of the peer easement for the Eastview Barrens as and pipeline projects. We have reviewers, all of whom are employed by well as a management plan to protect conducted two formal consultations, State agencies, which are included in and maintain the barrens, which one resulting in a ‘‘no effect’’ to the the summary below and are includes one population of H. eggertii. species finding and the other a ‘‘not incorporated into the final rule. This conservation easement is more likely to jeopardize the continued We reviewed all comments received restrictive than our cooperative existence’’ of the species finding. No from the peer reviewers and the public management agreements. plants were adversely affected by either for substantive issues and new (3) Comment: The commenter project. information regarding the proposed suggests that the Service work with the On October 12, 2000, the Southern delisting of H. eggertii. Substantive Tennessee Department of Appalachian Biodiversity Project filed comments received during the comment Transportation (TDOT) to develop and suit against us, challenging our period have been addressed below and, maintain rights-of-way mowing regimes determination that designation of where appropriate, incorporated similar to those developed in Kentucky critical habitat for H. eggertii was not directly into this final rule. The and Alabama to benefit existing prudent (Southern Appalachian comments are grouped below according occurrences of H. eggertii along Biodiversity Project v. U.S. Fish and to peer review or public comments. Tennessee’s transportation rights-of- Wildlife Service et al. (CN 2:00–CV–361 way. Peer Review/State Comments (E.D. Tenn.). On November 8, 2001, the Response: None of the 27 populations District Court for the Eastern District of (1) Comment: The commenter that occur on public lands are in rights- Tennessee issued an order directing us concurred with our reasons for of-ways maintained by the State to reconsider our previous prudency proposing to remove H. eggertii from the highway departments. The Service will determination and submit a new List of Endangered and Threatened continue to work with State highway prudency determination for H. eggertii Plants pursuant to the Act. The departments to adopt a rights-of-way no later than December 29, 2003. On commenter stated that H. eggertii was mowing regime that would be favorable January 8, 2004, the court extended the indeed more widespread and abundant to H. eggertii. However, these sites are submission deadline to March 30, 2004. than previously known at the time of its not required in order to meet the On April 5, 2004, we published a listing and that it was also more delisting requirements for this species. proposal in the Federal Register (69 FR resilient and less vulnerable to certain (4) Comment: The Tennessee 17627) to delist H. eggertii. In that habitat-altering activities than Department of Environment and proposal, we submitted a new prudency previously believed. The species Conservation (TDEC) manages the Carter determination in which we determined appears to be sufficiently protected on Cave State Natural Area in Franklin that designation of critical habitat for H. Federal, State, county, and private County, Tennessee. A population of H. eggertii would not be prudent. conservation lands. The commenter eggertii occurs on this land. There was concurred that the species now meets no mention in the proposed rule of a Summary of Comments and the recovery criteria as defined in the cooperative management agreement Recommendations species’ recovery plan. being pursued with TDEC for this site. In the April 5, 2004, proposed rule, Response: We appreciate the support Response: We visited the Carter Cave we requested that all interested parties we have received from our Federal, State Natural Area site on August 8, submit comments or information State, and private partners and 2003. We counted 250 total stems, concerning the proposed delisting of acknowledge their role in this joint including 150 flowering stems. Helianthus eggertii (69 FR 17627). We effort to recover and delist this species. However, the entire stand appeared to provided notification of this document (2) Comment: Although the 27 have hybrid characteristics. We could through e-mail, telephone calls, letters, protected populations under a not find any individuals that we could and news releases faxed and/or mailed management regime are distributed clearly determine to be pure H. eggertii. to the appropriate Federal, State, and across the species’ known range, the We believe that further research needs local agencies, county governments, commenter believes that cooperative to be conducted to determine if this site elected officials, media outlets, local management agreements should be contains any pure H. eggertii before a jurisdictions, scientific organizations, pursued prior to removal of the species’ cooperative management agreement is interest groups, and other interested protection under the Act in order to pursued. Since we need only 20 parties. We also provided the document ensure population persistence. protected populations to meet the on the Service’s Tennessee Field Office Response: We have completed delisting criteria and we have 27 Internet site following its release. cooperative management agreements for protected populations, it was not We accepted public comments on the 26 of the 27 populations on public lands necessary to complete an agreement for proposal for 60 days, ending June 4, and a conservation easement for 1 this site before H. eggertii could be 2004. By that date, we received population on land owned by a private delisted. We will pursue an agreement comments from two parties, specifically conservation group (i.e., TNC). We have if it is determined that the site does one Federal agency and one nonprofit finalized cooperative management contain non-hybridized H. eggertii. organization. One commenter supported agreements with KTC (1 population), (5) Comment: The commenter the proposed delisting, and one was TWRA (8 populations), AGBP (2 believes that the agencies which have opposed. populations), TNC Baumberger Barrens signed cooperative management

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agreements need to continue reporting Kentucky, and Tennessee, since we barrens habitat, barrens have also the status of populations in Kentucky revisited many of these sites and received some ancillary protection by over the next few years. verified their findings. the listing of H. eggertii. For example, Response: Under the Act, the status of (9) Comment: The unprotected AAFB, which contains the largest all species that are delisted due to populations of H. eggertii will continue known concentration of H. eggertii (11 recovery must be monitored for at least to exist only if there is sufficient populations), has developed and 5 years. The Service is committed to ‘‘natural’’ barrens habitat available, or if implemented a barrens restoration plan conducting at least 5 years of there is sufficient human-caused that includes protections for many of monitoring of these 27 populations of H. disturbance in the near vicinity of the the species normally associated with a eggertii to ensure that the species populations. barrens habitat, including H. eggertii. remains stable or improving. (For more Response: There are presently 73 We concur that the barrens habitat information, see the Post-delisting populations of H. eggertii occurring in needs to be protected, and we are Monitoring section later in this notice). Alabama, Tennessee, and Kentucky. The working with our partners to protect If the monitoring data show that the majority of these populations occur this habitat type along with H. eggertii. species is declining, there is a along roadsides and power line right-of- However, our current actions have mechanism for emergency re-listing of ways. Most of these sites receive enabled us to meet the delisting criteria the species. periodic mowing, which appears to be in the recovery plan and we believe that (6) Comment: The commenter sufficient disturbance for the H. eggertii this species no longer needs the believes that the inclusion of the at these sites to continue to exist. We protections of the Act. relocated H. eggertii at the U.S. Army have cooperative management (12) Comment: One commenter noted Corps of Engineers (USACE) property at agreements in place for all of the 27 that because there has been no Nolin Lake should not be considered a populations on public lands. These determination of the optimal habitat for functioning population, since this was a agreements ensure that these seedling establishment, the actions preliminary experiment to determine populations of H. eggertii will be required under the recovery plan have whether this species could be relocated. properly managed. This exceeds the not been met. Response: Personnel with the USACE number of protected populations (20) Response: We have met the recovery were contacted concerning the relocated required in the recovery plan for criteria outlined in the recovery plan for H. eggertii at Nolin Lake in Kentucky. delisting. delisting this species. While not every They advised us that in about 1999– (10) Comment: One commenter noted recovery task has been completed, we 2000, approximately 120 stems were that attempting to protect a plant have taken the steps necessary to ensure moved onto Nolin Lake property from a species by maintaining only a few the long-term conservation/protection of highway project 0.8 km (0.5 mi) off of populations on public land is like trying 27 populations of H. eggertii that are the USACE property. There are to protect endangered mammals by only distributed throughout its range. The presently about 136 stems at the Nolin keeping a few breeding pairs in zoos, recovery plan only requires 20 Lake site. We concur that this site, at and not worrying about those in the populations. Recent research has shown this time, should not be considered a wild. These efforts are rarely successful. that genetic diversity was high at both functioning population and, as such, Response: The 27 protected MCNP (3 populations) and AAFB (11 have not included it in the 27 populations on public lands are in populations) (Starnes 2004). Starnes populations that are being protected and habitat that is as wild and natural as that (2004) found that the high genetic managed under a cooperative of any of the other 46 populations that diversity observed suggests that while management agreement. occur on private lands. We have clones may exist in a population, (7) Comment: The commenter exceeded the delisting criteria of 20 seedling establishment is actively believes that pertinent literature for the protected populations. Even though the putting new genetically diverse delisting proposal should be populations on private lands do not individuals into a population. Starnes’ comprehensive, and should have have cooperative management results showed that the current included the 1994 journal article on agreements, it is highly unlikely that all management strategies (burning and ‘‘The status of Helianthus eggertii Small of these 46 populations that are not mowing) are suitable for protecting this in the southeastern United States’’ in covered by an agreement will disappear. species. We have incorporated these two Castanea 59(4):319–330. Many of these populations occur along management strategies into each of the Response: The references listed were road and power line rights-of-way and cooperative management agreements in only those that were cited in the receive periodic maintenance that keeps place for the 27 H. eggertii populations proposed rule. It was not intended to be these areas open and free of trees. All of on publicly owned lands. a complete list of pertinent literature for the 46 populations have 100 or more (13) Comment: Cruzan (2002) the species. flowering stems. However, even if we suggested that populations with less (8) Comment: One commenter noted lose all the 46 populations, we still have than 100 stems are unlikely to be self- that several other species of sunflowers, enough protected populations on public sustaining, but there are no data to especially Helianthus strumosus, can be lands to delist the species and ensure its suggest what is sufficient. More research easily misidentified as H. eggertii, and continued survival. is required to determine what some populations that are attributed to constitutes a viable population before H. eggertii may be of hybrid origin. Public Comments delisting proceeds. Response: We are aware that there are (11) Comment: One commenter noted Response: The recovery plan requires other species of sunflowers similar to H. that the protection of barrens habitat self-sustaining populations. As defined eggertii and have even observed hybrid was overlooked in the proposal to delist in the recovery plan, a self-sustaining sunflowers in the field. However, we H. eggertii. population is one that is self- were diligent in identifying and Response: Protection under section 4 regenerating and maintains sufficient counting only those sites that contained of the Act is limited to listed species genetic variation to enable it to survive true H. eggertii. We also have and designated critical habitat (which and respond to natural habitat changes. confidence in the identifications made was not designated for this plant). Cruzan (2002) suggested that less than by State botanists for Alabama, However, since H. eggertii does occur on 100 flowering stems within an isolated

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1 km (0.6 mi) radius are ‘‘unlikely to be or remove a species from the Federal and Development Center, pers. comm. sufficiently large for the maintenance of List of Endangered and Threatened 2003). Many of the known H. eggertii genetic diversity’’ and included areas of Wildlife and Plants. These five factors sites occur along road and power line 100 or more flowering stems within a 1 and their application to Helianthus rights-of-way. This is probably due to km radius in the study area into his eggertii are as follows: the disturbance of these areas from estimation of functional A. The present or threatened continual maintenance activities. Plants metapopulations. Furthermore, in a destruction, modification, or will not grow and flower well in very more recent study, Starnes (2004) stated curtailment of its habitat or range. In deep shade (i.e., 80 percent shade). that a ‘‘high amount of genetic diversity 1997, when H. eggertii was listed as Moderate levels of shade (from 40 to 60 [was] seen in populations larger than 50 threatened, most of the 34 known sites percent) where H. eggertii normally stems.’’ The recovery plan also requires of this species were thought to be occurs do not appear to have large that these populations must be under a threatened with destruction or negative consequences for its growth or management regime designed to modification of their habitat. It was reproduction (Cruzan 2002). Cruzan estimated that over 50 percent of the maintain or improve the habitat and (2002) also found that H. eggertii known sites were threatened by the each population must be stable or competes well against other more encroachment of more competitive increasing for 5 years. Based on the best widespread species under full sunlight available science, we believe that a herbaceous vegetation and/or woody and 60 percent shade conditions, a fact population of H. eggertii that contains plants that produce shade and compete that was not known at the time of 100 flowering stems or more and has with this species for limited water and listing. been stable or improving for the past 5 nutrients. Active management was years meets the definition of a self- listed as a requirement to ensure the At the time of listing, we did not fully sustaining population. We have 27 plant’s continued survival at all sites. understand that H. eggertii could readily populations throughout the range of the Since most of the sites where this adapt to certain manmade disturbances species (Alabama, Kentucky, and species survives are not natural barrens, that are replacing the dwindling natural Tennessee) that are self-sustaining, but areas such as rights-of-way or barrens. We originally thought the based on the above definition, and are similar habitats that mimic barrens, species was restricted to these natural protected through cooperative direct destruction of this habitat for barren areas. When H. eggertii was management agreements on public commercial, residential, or industrial listed, manmade areas were thought to lands. The recovery plan only requires development or intensive rights-of-way be low-quality sites where the species 20 protected populations to meet the maintenance (e.g., herbicide use) was was making a last-ditch effort to survive. delisting criteria. Further, while we use thought to be a significant threat to the Upon discovering that manmade sites the more conservative minimum known sites at the time of listing. were a significant habitat that H. eggertii number of flowering stems (i.e., 100) to Overall, the activities affecting the was exploiting and in which it was define a self-sustaining population, it is species’ habitat, such as encroachment thriving, we began finding a significant important to note that all of the 27 of more competitive vegetation, direct number of new sites. In fact, since populations we have identified consist destruction of habitat for commercial listing, an additional 253 sites have of well over 100 flowering stems. and residential development, intensive been found that contain the species (14) Comment: The Tennessee rights-of-way maintenance, and (Alabama Natural Heritage Database National Guard (TNG) expressed its conversion of barrens habitat to 2003, 2004; Kentucky Natural Heritage support of the proposed removal of H. croplands, pasture, or development, Database 2003, 2004; Tennessee Natural appear to have changed very little since eggertii from the Federal List of Heritage Database 2003, 2004; Service listing. However, the risk that those Endangered and Threatened Plants and unpublished data). The species is also threats pose for H. eggertii’s survival its belief that the existing Barrens more widespread than originally Restoration and Management Plan, and conservation are considerably less thought, occurring in 3 counties in Integrated Natural Resources than what was understood at the time of Alabama, 9 counties in Kentucky, and Management Plan, Eggert’s Sunflower listing. H. eggertii appears to respond 15 counties in Tennessee. The number Management Plan, and the Cooperative favorably to mild-to-moderate types of of stems has also increased dramatically Management Agreement between AAFB disturbance. One site that occurs in from the time of listing. In Alabama, the and the Service will ensure the long- Coffee County, Tennessee, was known one site known at the time of listing was term protection of H. eggertii. to have hundreds of stems in 1998, Response: We appreciate the before the site was clearcut. In 2000, described as vigorous; presently, there opportunity to work with the TNG to TDEC found that there were very few are 10 sites and 7 have more than 100 recover H. eggertii. We concur that the plants left, and it was thought that the stems (Alabama Natural Heritage Barrens Restoration and Management logging had resulted in the destruction Database 2003, 2004; Service Plan, Integrated Natural Resource of the plants at this site. However, in unpublished). In Kentucky, most of the Management Plan, Eggert’s Sunflower 2003, we found that the site had 1,578 13 original sites at the time of listing Management Plan, and the cooperative total stems, including 951 flowering contained fewer than 15 stems and 4 management agreement with AAFB will stems. Logging had only a temporary sites had fewer than 5 stems. Presently ensure the long-term protection of H. negative effect, and the land disturbance in Kentucky, there are 33 known sites; eggertii on AAFB property, including resulted in greatly increasing the 18 of these sites have more than 100 the TNG training area. population size and vigor of the plants stems, and are now considered viable at this site (Service, unpublished data). populations (Kentucky Natural Heritage Summary of Factors Affecting the This same phenomenon has occurred on Database 2003, 2004). In Tennessee, Species AAFB. Pine stands that had few to no about one-half of the 20 original sites at Section 4(a)(1) of the Act and the H. eggertii had been clearcut, followed the time of listing contained fewer than regulations (50 CFR part 424) issued to by either the new appearance of H. 20 stems. Currently in Tennessee, there implement the listing provisions of the eggertii or a significant increase in are 244 known sites, 63 of which have Act set forth five criteria to be used in population size and vigor of existing more than 100 stems and are now determining whether to add, reclassify, plants (K. Fitch, Arnold Engineering considered viable populations

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(Tennessee Natural Heritage Database long-term survival of H. eggertii is monitor the H. eggertii population that 2003, 2004; Service unpublished data). periodic burning, mowing, or thinning occurs on this site. Of the 287 sites where H. eggertii is of the competing vegetation. KTC has TNC of Kentucky and the State of known to occur in Alabama, Kentucky, signed a management agreement with us Kentucky each own 50 percent of a site and Tennessee, 126 (which make up 27 to maintain, enhance, and monitor H. known as Eastview Barrens. One total populations) are in public eggertii on its property (41 acres, one population of H. eggertii occurs at ownership or on land owned by TNC population) which includes restoring Eastview Barrens. These two and are being managed to protect the barrens habitat by thinning the existing landowners are working together to species. Protection for the species will trees near H. eggertii occurrences, manage the barrens on this site by continue on these sites after it is conducting periodic prescribed burns, removing woody species, conducting delisted. AAFB has 115 of these sites and monitoring the success of these periodic prescribed burns, and (11 populations) and is the largest management practices to refine them if preventing and removing invasive Federal landowner harboring this necessary. plants to ensure the native barrens species. Protection and management The Alabama and Tennessee State species, including H. eggertii, are strategies for H. eggertii are covered by Departments of Transportation are maintained and protected. This site is AAFB’s Integrated Natural Resources working with us to develop and protected by a conservation easement Management Plan (INRMP), a Barrens maintain roadside mowing regimes that that will protect the natural barrens and Management Plan (BMP), and a separate would benefit existing H. eggertii sites. H. eggertii in perpetuity for the citizens Eggert’s Sunflower Management Plan This will also encourage new of Kentucky. (ESMP). The INRMP, BMP, and ESMP establishment of plants along road The large increase in new H. eggertii are active management plans that rights-of-way by reducing the competing sites (253) since listing, the increased understanding of the plant’s provide for the long-term conservation vegetation and keeping the areas open. adaptability, and the protection and of this species by focusing on restoring TWRA, which owns four wildlife management provided by State and barrens habitat and maintaining the management areas that contain eight H. Federal landowners and necessary ecological processes in eggertii populations, is managing these nongovernmental organizations have led habitats the species requires. These areas for small game, which indirectly us to conclude that the threats to H. processes include various silvicultural benefits this species by keeping the area eggertii’s habitat have been adequately treatments (e.g., clearcuts, marked in early successional vegetation. TWRA addressed and habitat destruction is no thinning, and row thinning), prescribed has signed a Cooperative Management burning, and invasive pest plant longer considered to be a threat to the Agreement with us to provide for the management (e.g., manual removal and species. long-term protection of H. eggertii on its herbicide spot application). Regardless B. Overutilization for commercial, lands. This agreement, like agreements of the Federal status of H. eggertii, the recreational, scientific, or educational with Federal agencies, involves habitat BMP, ESMP, and INRMP will continue purposes. We have no documented management activities such as to provide for the protection and evidence, records, or information to prescribed burns, tree thinning, and management of this species (U.S. Air indicate that overutilization for invasive plant removal, and monitoring Force (USAF) 2001, 2002). AAFB also commercial, recreational, scientific, or the plants and their habitat to ensure the recently signed a Cooperative educational purposes is a threat to H. protection and management of these Management Agreement with us to eggertii. We have found no records of further ensure the protection of H. sites regardless of the Federal status of unauthorized collection during our eggertii populations on its property even H. eggertii Similarly, we have signed a literature review or in discussions with after delisting. In Kentucky, MCNP has Cooperative Management Agreement researchers. This species is not believed three populations. MCNP is actively with the City of Nashville, Metro Parks to be a significant component of the managing H. eggertii populations and and Recreation, which owns and commercial trade in native plants, and has implemented a prescribed burning operates A.G. Beaman Park in Davidson overutilization does not constitute a regime to provide for the long-term County, Tennessee. AGBP contains two threat for this species. protection of this species. In 2004, we populations of H. eggertii This park is C. Disease or predation. Disease has signed a 10-year Cooperative new and plans are being developed for been observed by the Service and other Management Agreement with MCNP to future uses such as hiking trails, picnic observers on small numbers of H. provide long-term protection of the areas, park headquarters, and eggertii plants (T. Gulya, U.S. three H. eggertii populations occurring maintenance buildings. The Cooperative Department of Agriculture, pers comm. on Park property. These populations, Management Agreement will ensure that 2004). This disease is believed to be a and the barrens habitats on which they AGBP and the Service will continue to rust fungus of either the Puccinia or occur, will be sustained by work together to protect the existing H. Coleosporium genera (T. Gulya, pers implementing habitat management eggertii populations regardless of the comm. 2004). This rust attacks the activities, such as prescribed burns, tree species’ Federal status. vegetation and causes orange-to-brown thinning, and invasive plant removal, TNC in Kentucky owns a site known pustules (raised bumps or areas) on the and will be monitored. These as Baumberger Barrens, which contains surfaces. It does not appear to kill the cooperative management agreements one population of H. eggertii. TNC has plants, and we do not believe that it is will aid in sustaining H. eggertii an existing management plan for the a threat to the species’ existence. populations on these Federal lands barrens that includes H. eggertii. The Predation from insects and herbivores regardless of the Federal status of this site is undergoing management, such as has also been noted on small isolated species. removal of woody species, periodic patches of H. eggertii. These incidents H. eggertii is an early successional prescribed burns, and invasive plant appear to result from normal species and, while historic barrens removal, to ensure the native barrens environmental conditions. Because of habitat is becoming increasingly rare, species, including H. eggertii, are the ability of this plant to sprout stems this species readily responds to barrens maintained and protected. We signed a from rhizomes, the small amount of restoration activities and colonizes 10-year Cooperative Management predation observed does not pose a manmade disturbed areas. The key to Agreement with TNC to manage and threat to this species.

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D. The inadequacy of existing plants are found, H. eggertii is throughout 27 counties in 3 States. This regulatory mechanisms. The Act does adequately protected by other laws. Air makes the likelihood of a drought not provide protection for plants on Force Instruction 32–7064 at 7.1.1 adversely affecting all the known sites private property unless the landowner’s provides the same protection for much less than originally thought, when activity is federally funded or requires candidate and State listed species as for there were only 34 known sites. Also, Federal approval. In all three States federally listed species ‘‘when there are 7 populations in Alabama, 18 (Alabama, Kentucky, and Tennessee), practical’’ on AAFB. It is our populations in Kentucky, and 48 plants have no direct protection under understanding that the State of populations in Tennessee, for a total of State law on private property. Plants on Tennessee has no plans to delist H. 73 populations that have more than 100 private property are afforded ancillary eggertii in the immediate future. In flowering stems. The recovery plan protection under State criminal trespass addition, as mentioned previously, H. criterion requires only 20 populations to laws. Once this delisting rule is in eggertii is covered under three be considered for delisting. Cruzan effect, the only change to the protection management plans covering AAFB (2002) suggested that 100 flowering of H. eggertii on private land would be (INRMP, BMP, and ESMP), all of which stems or more were needed to maintain that we would no longer consult under will continue for some years regardless genetic diversity and prevent inbreeding section 7 of the Act for the activities that of whether the species is delisted. depression within a population. are federally funded or require Federal TWRA has a rule (1660–1–14–.14) that Inbreeding depression due to low approval. However, there are enough protects all vegetation on designated numbers of individuals per population populations of H. eggertii on public wildlife management areas from take is no longer a threat to H. eggertii. We lands (27 populations) to afford the regardless of its State or Federal status. believe the known number of sites, the long-term conservation of this species There are eight known populations of H. numbers of existing populations, and based on the recovery criteria (20 eggertii that occur on four different State their distribution are sufficient to populations) in the recovery plan. The wildlife management areas managed by protect against potential catastrophic recovery criteria called for the 20 the TWRA (Service unpublished data events (e.g., drought) and no longer populations to be distributed 2004). We mentioned in error 10 consider such events to be a threat to throughout the species’ historical range populations in our proposed rule. There this species. There are no other natural and, based on the number and were only 7 populations known at the or manmade factors known to affect the distribution of populations known at time of the proposed rule (69 FR 17627), continued existence of H. eggertii; that time, determined that the relative and now there are 8 with the additional therefore, we do not believe these proportions would be 1 population in one discovered on Laurel Hill Wildlife factors will affect the continued Alabama, 3 populations in Kentucky, Management Area in 2004. On public existence of this species. and 16 populations in Tennessee. lands in Kentucky, every natural Summary of Findings Although none of the seven populations component is considered public domain in Alabama are currently under a and is, therefore, protected from take According to 50 CFR 424.11(d), a management plan, we believe that the under State law. Kentucky has three species may be delisted if the best current distribution of populations populations of H. eggertii that occur on scientific and commercial data available under such plans meets the intent of the State-owned public lands. This State substantiate that the species is neither recovery criteria because they are law will remain in effect regardless of endangered nor threatened because of ‘‘distributed throughout the species’ whether this species remains federally (1) extinction, (2) recovery, or (3) error historical range,’’ including populations listed or not. in the original data for classification of that occur near the Tennessee/Alabama The Act protects plants on private the species. border. lands only if the actions which might We have carefully assessed the best Section 9(a)(2)(B) of the Act prohibits adversely impact them are conducted, scientific and commercial information removal and possession of endangered permitted, or funded by a Federal available regarding the past, present, plants from areas under Federal agency, or constitute criminal trespass and future threats faced by Helianthus jurisdiction. Kentucky has 4 or theft of the plants. The limited eggertii. Based on surveys conducted in populations and Tennessee has 11 protection afforded by the Act under 2001, 2002, 2003, and 2004, we populations of H. eggertii that occur on these circumstances would be lost conclude that the threatened Federal lands. None of the seven through delisting, and other existing designation no longer correctly reflects populations in Alabama occurs on regulations do not provide complete the current status of this plant. Relative public lands. H. eggertii sites on MCNP protection to all existing habitat on to the information available at the time in Kentucky are also protected from take private lands. However, we believe the of listing, recovery actions have resulted by Code of Federal Regulations (CFR), significant protections afforded to the 27 in new information that shows a Title 36, Volume 1, which protects all populations occurring on public lands significant (1) expansion in the species’ plants on Department of the Interior are adequate to ensure those known range, (2) increase in the number lands. We have Cooperative populations of H. eggertii remain viable, of known sites, and (3) increase in the Management Agreements with the and such populations by themselves number of individual plants. MCNP and AAFB. These agreements meet or exceed the recovery goals listed Furthermore, recovery efforts have provide for the management and in the recovery plan. provided increased attention and focus protection of these important H. eggertii E. Other natural or manmade factors on this species. This in turn has led to sites, regardless of the Federal status of affecting its continued existence. greater protection for the species such the species. Both the plant and its Extended drought conditions and an that the recovery criteria in the recovery habitat will be protected, managed, and increase in the potential for inbreeding plan for this species have been met. monitored under these agreements. depression due to dwindling numbers After conducting a review of the On public lands in Tennessee and were thought to affect the continued species’ status, we have determined that Kentucky, on which 27 populations existence of H. eggertii at the time of the species is not in danger of extinction (composed of 126 of the 287 known listing. The known sites of H. eggertii throughout all or a significant portion of sites, and including the 15 populations have now increased in number to 287 its range, nor is it likely to become in on Federal lands just discussed) of the (73 populations) and are scattered danger of extinction within the

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foreseeable future throughout all or a implement provisions of the Paperwork U.S. Air Force. 2002. Barrens Management significant portion of its range. Given Reduction Act (44 U.S.C. 3501 et seq.), Plan for Arnold Air Force Base. Tullahoma, the expanded range, number of newly require that Federal agencies obtain Tennessee. 63 pp. discovered population locations and approval from OMB before collecting U.S. Air Force. 2001. Eggert’s Sunflower individuals, the increased knowledge of (Helianthus eggertii) Management Plan for information from the public. This rule Arnold Air Force Base. Tullahoma, the genetics of this species, and the does not contain any new collections of Tennessee. 47 pp. protection offered by State and Federal information that require approval by the U.S. Fish and Wildlife Service. 1999a. landowners, we conclude, based on the Office of Management and Budget Recovery Plan for Helianthus eggertii best scientific and commercial (OMB) under the Paperwork Reduction Small (Eggert’s sunflower). Atlanta, information, that H. eggertii does not Act. This rule will not impose Georgia. 40 pp. warrant the protection of the Act. recordkeeping or reporting requirements U.S. Fish and Wildlife Service. 1999b. Therefore, we are removing H. eggertii on State or local governments, Endangered and Threatened Wildlife and from the Federal List of Endangered and individuals, businesses, or Plants 50 CFR 17.11 and 17.12; As of Threatened Plants. December 31, 1999. Special Reprint. U.S. organizations. An agency may not Government Printing Office. p. 56. Effect of This Rule conduct or sponsor, and a person is not required to respond to, a collection of Author This rule will revise 50 CFR 17.12(h) information unless it displays a The primary author of this proposed to remove Helianthus eggertii from the currently valid OMB control number. List of Endangered and Threatened rule is Timothy Merritt (see ADDRESSES Plants. Because no critical habitat was National Environmental Policy Act section). ever designated for this species, this We have determined that we do not List of Subjects in 50 CFR Part 17 rule will not affect 50 CFR 17.96. need to prepare an Environmental Once this species is removed from the Endangered and threatened species, Assessment, as defined by the National List of Endangered and Threatened Exports, Imports, Reporting and Environmental Policy Act of 1969, in Plants, Endangered Species Act recordkeeping requirements, connection with regulations adopted protection will no longer apply. Transportation. pursuant to section 4(a) of the Removal of H. eggertii from the List of Endangered Species Act. We published Regulation Promulgation Endangered and Threatened Plants will a notice outlining our reasons for this relieve Federal agencies from the need I For the reasons given in the preamble, determination in the Federal Register to consult with us to insure that any we amend part 17, subchapter B of on October 25, 1983 (48 FR 49244). action they authorize, fund, or carry out chapter I, title 50 of the Code of Federal is not likely to jeopardize the continued References Cited Regulations, as set forth below: existence of this species. Alabama Natural Heritage Database. 2003. PART 17—[AMENDED] Post-Delisting Monitoring Alabama Natural Heritage Program, Montgomery, Alabama. I 1. The authority citation for part 17 The 1988 amendments to the Act Alabama Natural Heritage Database. 2004. continues to read as follows: (section 4(g)(1)) require us to implement Alabama Natural Heritage Program, a system, in cooperation with the States, Montgomery, Alabama. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. to monitor all species that have been Cruzan, M.B. 2002. Population and 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– delisted due to recovery for at least 5 Ecological Genetics of Helianthus eggertii 625, 100 Stat. 3500; unless otherwise noted. years following delisting. The purpose Report. Prepared for Arnold Engineering § 17.12 [Amended] of this post-delisting monitoring (PDM) Development Center at Arnold Air Force is to verify that a species that is delisted Base. I 2. Amend § 17.12(h) by removing the Jones, R.L. 1991. Status report on Helianthus entry ‘‘Helianthus eggertii’’ under due to recovery remains secure from the eggertii. Prepared for the U.S. Fish and risk of extinction after it no longer has ‘‘Flowering Plants’’ from the List of Wildlife Service, Asheville Field Office, Endangered and Threatened Plants. the protections of the Act. If the species through the Kentucky State Nature does not remain secure, we can use the Preserves Commission. Dated: July 20, 2005. emergency listing authorities under Kentucky Natural Heritage Database. 2003. Marshall Jones, section 4(b)(7) of the Act. Section 4(g) of Kentucky State Nature Preserves Acting Director, Fish and Wildlife Service. Commission, Frankfort, Kentucky. the Act explicitly requires cooperation [FR Doc. 05–16274 Filed 8–17–05; 8:45 am] Kentucky Natural Heritage Database. 2004. with the States in development and BILLING CODE 4310–55–P implementation of PDM programs. Kentucky State Nature Preserves Commission, Frankfort, Kentucky. However, we are responsible for Spring, O., and E.E. Schilling. 1991. The compliance with section 4(g) and must sesquiterpene lactone chemistry of DEPARTMENT OF COMMERCE remain actively engaged in all phases of Helianthus Sect. Atrorubentes (Asteraceae: the PDM. Heliantheae). Biochemical Systematices National Oceanic and Atmospheric The Service has drafted a PDM plan and Ecology 19:59–79. Administration for Eggert’s sunflower and is making it Starnes, J.H. 2004. Effects of Management available for review and comment in a and Population Size on Genetic Diversity 50 CFR Part 635 separate notice in this issue of the of Eggert’s Sunflower (Helianthus eggertii; Asteraceae). Master Thesis. Western Federal Register (see the Notices section [I.D. 080405B] of today’s Federal Register). Following Kentucky University. 62 pp. Tennessee Natural Heritage Database. 2003. the end of the comment period, any Tennessee Department of Environment and Atlantic Highly Migratory Species; comments will be incorporated as Conservation, Division of Natural Heritage, Atlantic Bluefin Tuna Fisheries appropriate into the final PDM plan. Nashville, Tennessee. AGENCY: National Marine Fisheries Paperwork Reduction Act of 1995 Tennessee Natural Heritage Database. 2004. Tennessee Department of Environment and Service (NMFS), National Oceanic and Office of Management and Budget Conservation, Division of Natural Heritage, Atmospheric Administration (NOAA), (OMB) regulations at 5 CFR 1320, which Nashville, Tennessee. Commerce.

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