Vol. 79 Tuesday, No. 165 August 26, 2014

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Physaria globosa (Short’s bladderpod), Helianthus verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy-fruit gladecress); Final Rule

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DEPARTMENT OF THE INTERIOR available at the Fish and Wildlife opinions from five knowledgeable Service Web site and Field Office set out individuals with scientific expertise to Fish and Wildlife Service above, and may also be included in the review our technical assumptions, preamble and at http:// analysis, and whether or not we had 50 CFR Part 17 www.regulations.gov. used the best available information. [Docket No. FWS–R4–ES–2013–0086; FOR FURTHER INFORMATION CONTACT: These peer reviewers generally 4500030114] Mary E. Jennings, Field Supervisor, U.S. concurred with our methods and Fish and Wildlife Service, Tennessee conclusions and provided additional RIN 1018–AZ60 information, clarifications, and Ecological Services Fish and Wildlife suggestions to improve this final rule. Endangered and Threatened Wildlife Office, (see ADDRESSES above). Persons Information we received from peer who use a telecommunications device and Plants; Designation of Critical review is incorporated in this final for the deaf (TDD) may call the Federal Habitat for Physaria globosa (Short’s revised designation. We also considered Information Relay Service (FIRS) at bladderpod), Helianthus verticillatus all comments and information received 800–877–8339. (whorled sunflower), and from the public during the comment Leavenworthia crassa (fleshy-fruit SUPPLEMENTARY INFORMATION: period. gladecress) Executive Summary Previous Federal Actions AGENCY: Fish and Wildlife Service, Why we need to publish a rule. Under Interior. All previous Federal actions are the Act, when we determine that any described in the proposed rule to list ACTION: Final rule. species is an endangered or threatened Short’s bladderpod, whorled sunflower, species, we must designate critical SUMMARY: We, the U.S. Fish and and fleshy-fruit gladecress as habitat to the maximum extent prudent Wildlife Service (Service), designate endangered species under the Act, and determinable. Critical habitat may critical habitat for Physaria globosa which published on August 2, 2013 (78 be designated only by issuing a rule. (Short’s bladderpod), Helianthus FR 47109). Also on this date, we This rule consists of: A final rule verticillatus (whorled sunflower), and proposed critical habitat for these designating critical habitat for Short’s Leavenworthia crassa (fleshy-fruit species (78 FR 47059). On May 29, 2014 bladderpod, whorled sunflower, and gladecress) under the Endangered (79 FR 30792), we announced the fleshy-fruit gladecress. We are Species Act of 1973, as amended (Act). availability of the draft economic designating: In total, approximately 1,006 hectares analysis (DEA) for the proposed critical • Approximately 373 ha (925.5 ac) in (ha) (2,488 acres (ac)) in Alabama, habitat designation, and the reopened 20 units in Posey County, Indiana; Georgia, Indiana, Kentucky, and the public comment period to allow Clark, Franklin, and Woodford Tennessee fall within the boundaries of comment on the DEA and further Counties, Kentucky; and Cheatham, the critical habitat designations. comment on the proposed rule. Davidson, Dickson, Jackson, DATES: This rule becomes effective on Montgomery, Smith, and Trousdale Summary of Comments and September 25, 2014. Counties, Tennessee, for Short’s Recommendations ADDRESSES: This final rule is available bladderpod. We requested written comments from on the internet at http:// • Approximately 624.2 ha (1,542.3 ac) the public on the proposed designation www.regulations.gov and http://fws.gov/ in four units in Cherokee County, of critical habitat for Short’s cookeville. Comments and materials we Alabama; Floyd County, Georgia; and bladderpod, whorled sunflower, and received, as well as some supporting Madison and McNairy Counties, fleshy-fruit gladecress during two documentation we used in preparing Tennessee, for whorled sunflower. comment periods. The first comment this final rule, are available for public • Approximately 8.4 ha (20.6 ac) in period opened with the publication of inspection at http:// seven units in Lawrence and Morgan the proposed rule (78 FR 47060) on www.regulations.gov. All of the Counties, Alabama, for fleshy-fruit August 2, 2013, and closed on October comments, materials, and gladecress. 1, 2013. We also requested comments on documentation that we considered in This rule consists of: A final rule for the proposed critical habitat designation this rulemaking are available by designation of critical habitat for Short’s and associated draft economic analysis appointment, during normal business bladderpod, whorled sunflower, and during a second comment period, which hours at: U.S. Fish and Wildlife Service, fleshy-fruit gladecress. opened on May 29, 2014, and closed on Tennessee Ecological Services Office, We have prepared an economic June 30, 2014 (79 FR 30792). We also 446 Neal Street, Cookeville, TN 38501; analysis of the designation of critical contacted appropriate Federal, State, telephone 931–528–6481; fax 931–528– habitat. We have prepared an analysis and local agencies; scientific 7075. of the economic impacts of the critical organizations; and other interested The coordinates or plot points or both habitat designation and related factors. parties and invited them to comment on from which the maps are generated are We announced the availability of the the proposed rule and draft economic included in the administrative record draft economic analysis in the Federal analysis during these comment periods. for this critical habitat designation and Register on May 29, 2014 (79 FR 30792), During the first comment period, we are available at http://fws.gov/ allowing the public to provide received two comment letters directly cookeville, at http:// comments. We have incorporated the addressing the proposed critical habitat www.regulations.gov at Docket No. comments and have completed the final designation. During the second FWS–R4–ES–2013–0086, and at the U.S. economic analysis concurrently with comment period, we did not receive any Fish and Wildlife Service, Tennessee this final determination. comments on the proposed critical Ecological Services Field Office (see FOR Peer review and public comment. We habitat designation or the draft FURTHER INFORMATION CONTACT). Any sought comments from independent economic analysis. We did not receive additional tools or supporting specialists to ensure that our any requests for a public hearing during information that we developed for this designation is based on scientifically either comment period. All substantive critical habitat designation will also be sound data and analyses. We obtained information provided during comment

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periods has either been incorporated reporting the species’ historical located on lands owned or managed by directly into this final determination or presence was too imprecise for the Corps. After further consideration of addressed below. surveyors to relocate those occurrences, the Corps’ concerns and the potential despite attempts to do so, or that habitat benefits to the species, we have Peer Review has either been destroyed or altered to reaffirmed our decision not to exclude In accordance with our peer review a degree that it no longer is essential for prolonged inundation of sites due to policy published on July 1, 1994 (59 FR the conservation of the species. We manipulation of regulated waters for 34270), we solicited expert opinions reviewed the unoccupied habitat and flood control or other purposes from the from five knowledgeable individuals found that these areas no longer list of actions that could require special with scientific expertise that included provided the primary constituent management considerations or familiarity with one or more of the elements or the habitat features needed protections to minimize potential effects species, the geographic region in which for the survival of the species. to the species or designated critical the species occur, and conservation habitat. biology principles. We received Federal Comment As discussed below (see Section 7 responses from all five of the peer During the public comment periods, Consultation), section 7(a)(2) of the Act reviewers. we received one comment letter from requires Federal agencies, including the We reviewed all comments received the U.S. Army Corps of Engineers Service, to ensure that any action they from the peer reviewers for substantive addressing the proposed critical habitat. fund, authorize, or carry out is not likely issues and new information regarding (3) Comment: The Corps of Engineers, to jeopardize the continued existence of critical habitat for the Short’s Nashville District, expressed concern any endangered species or threatened bladderpod, whorled sunflower, and with the Service’s identification of the species or result in the destruction or fleshy-fruit gladecress. The peer potential need for special management adverse modification of designated reviewers generally concurred with our considerations or protection to reduce critical habitat of such species. The methods and conclusions, and one of the threat of prolonged inundation of Corps is currently preparing a biological the peer reviewers provided additional sites (i.e., critical habitat) due to assessment of the effects to listed information, clarifications, and manipulation of regulated waters for species and critical habitat that could suggestions to improve the final rule. flood control or other purposes. The result from operations and maintenance Peer reviewer comments are addressed Corps stated that the operation of the of dams and other infrastructure on the in the following summary and Cumberland River and tributary projects Cumberland River for flood control and incorporated into this final rule as as a system will, during flood events, other purposes (not including appropriate. sometimes cause inundation of lower navigation) for the purpose of elevations of some critical habitat units, consulting with the Service under Peer Reviewer Comments but that the units would not generally Section 7(a)(2). The biological (1) Comment: A peer reviewer be subjected to prolonged inundation assessment should identify measures questioned why there is no unoccupied due to the need to quickly recover flood that could be taken to (1) minimize habitat for the fleshy fruit gladecress storage by lowering reservoir elevations. adverse effects from such included in the critical habitat The Corps noted, however, that circumstances, and (2) compensate for designation. operations related to flood control are any adverse effects that are unavoidable Our Response: We considered dictated by water conditions throughout due to prolonged inundation resulting whether any sites where the species is the basin and the need to ensure that from flood control operations. In the historically known to have occurred, but flood risks and impacts to human health event that flood conditions should occur is currently not present, should be and safety are addressed and that require the Corps to raise reservoir designated as critical habitat. None of minimized. For this reason the Corps levels for prolonged periods to protect those sites are located on protected requested that we exclude from our list human health and safety and minimize lands, and the best available data of special management considerations flood risks to downstream communities indicate that the species’ absence from their operations for flood control prior to having concluded consultation these sites is due to destruction or purposes or clarify that this operation is with the Service, the Act includes alteration of glade habitat, so that these a health and safety management provisions that would allow the Corps previously occupied areas no longer measure that will receive special to request emergency consultation provide the habitat features essential for consideration relative to a potential within 48 hours of responding to such the conservation of the species. threat to the endangered species and its emergency conditions. (2) Comment: A reviewer questioned designated habitat. whether we should have considered Our Response: We acknowledge that Summary of Changes From Proposed designating critical habitat on some of the Corps’ operation of the Cumberland Rule the sites where Short’s bladderpod has River and tributary projects, as it relates Based on information we received been extirpated. The reviewer reasoned to flood control, is an important service from the Tennessee Valley Authority that, because we do not know how long to the public that is necessary to after the proposed rule was published, seed can remain viable in the soil, it is minimize flood risks and impacts to we have added one additional critical possible that some of these sites could human health. We also acknowledge habitat unit for the fleshy-fruit contain a dormant soil seed bank that that the Corps has been an active gladecress to this final rule. The total could facilitate population recovery. partner in pre-listing conservation number of critical habitat units is now Our Response: We agree with the efforts, allowing access for surveys and seven for this species. This unit is reviewer that data are lacking monitoring efforts that produced much located in an electrical transmission line concerning the length of time that seeds of the data that we used in designating right-of-way on privately owned land in remain viable in the soil. However, we critical habitat for Short’s bladderpod, Lawrence County, Alabama, and is reviewed available data for all localities and has expressed interest in working approximately 0.04 hectare (ha) (0.1 from where we concluded that Short’s with the Service to develop acre (ac)) in size. We included details of bladderpod has been extirpated and management plans for Short’s this unit in the notice of availability of determined that either the original data bladderpod and critical habitat units the economic analysis and reopening of

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the public comment period for the modification finding, the obligation of Quality Guidelines provide criteria, proposed critical habitat designation on the Federal action agency and the establish procedures, and provide May 29, 2014 (79 FR 30792). landowner is not to restore or recover guidance to ensure that our decisions the species, but to implement are based on the best scientific data Critical Habitat reasonable and prudent alternatives to available. They require our biologists, to Background avoid destruction or adverse the extent consistent with the Act and Critical habitat is defined in section 3 modification of critical habitat. with the use of the best scientific data Under the first prong of the Act’s of the Act as: available, to use primary and original definition of critical habitat, areas (1) The specific areas within the sources of information as the basis for within the geographical area occupied geographical area occupied by the recommendations to designate critical by the species at the time it was listed species, at the time it is listed in habitat. are included in a critical habitat When we are determining which areas accordance with the Act, on which are designation if they contain physical or should be designated as critical habitat, found those physical or biological biological features (1) which are our primary source of information is features. essential to the conservation of the generally the information developed (a) Essential to the conservation of the species and (2) which may require during the listing process for the species, and special management considerations or species. Additional information sources (b) Which may require special protection. For these areas, critical may include the recovery plan for the management considerations or habitat designations identify, to the species, articles in peer-reviewed protection; and extent known using the best scientific journals, conservation plans developed (2) Specific areas outside the and commercial data available, those by States and counties, scientific status geographical area occupied by the physical or biological features that are surveys and studies, biological species at the time it is listed, upon a essential to the conservation of the assessments, other unpublished determination that such areas are species (such as space, food, cover, and materials, or experts’ opinions or essential for the conservation of the protected habitat). In identifying those personal knowledge. species. physical or biological features within an Habitat is dynamic, and species may Conservation, as defined under area, we focus on the principal move from one area to another over section 3 of the Act, means to use and biological or physical constituent time. We recognize that critical habitat the use of all methods and procedures elements (primary constituent elements designated at a particular point in time that are necessary to bring an such as roost sites, nesting grounds, may not include all of the habitat areas endangered or threatened species to the seasonal wetlands, water quality, tide, that we may later determine are point at which the measures provided soil type) that are essential to the necessary for the recovery of the pursuant to the Act are no longer conservation of the species. Primary species. For these reasons, a critical necessary. Such methods and constituent elements are those specific habitat designation does not signal that procedures include, but are not limited elements of the physical or biological habitat outside the designated area is to, all activities associated with features that provide for a species’ life- unimportant or may not be needed for scientific resources management, such history processes and are essential to recovery of the species. Areas that are as research, census, law enforcement, the conservation of the species. important to the conservation of the habitat acquisition and maintenance, Under the second prong of the Act’s species, both inside and outside the propagation, live trapping, and definition of critical habitat, we can critical habitat designation, will transplantation, and, in the designate critical habitat in areas continue to be subject to: (1) extraordinary case where population outside the geographical area occupied Conservation actions implemented pressures within a given ecosystem by the species at the time it is listed, under section 7(a)(1) of the Act, (2) cannot be otherwise relieved, may upon a determination that such areas regulatory protections afforded by the include regulated taking. are essential for the conservation of the requirement in section 7(a)(2) of the Act Critical habitat receives protection species. For example, an area currently for Federal agencies to insure their under section 7 of the Act through the occupied by the species but that was not actions are not likely to jeopardize the requirement that Federal agencies occupied at the time of listing may be continued existence of any endangered ensure, in consultation with the Service, essential to the conservation of the or threatened species, and (3) section 9 that any action they authorize, fund, or species and may be included in the of the Act’s prohibitions on taking any carry out is not likely to result in the critical habitat designation. We individual of the species, including destruction or adverse modification of designate critical habitat in areas taking caused by actions that affect critical habitat. The designation of outside the geographical area occupied habitat. Federally funded or permitted critical habitat does not affect land by a species only when a designation projects affecting listed species outside ownership or establish a refuge, limited to its range would be inadequate their designated critical habitat areas wilderness, reserve, preserve, or other to ensure the conservation of the may still result in jeopardy findings in conservation area. Such designation species. some cases. These protections and does not allow the government or public Section 4 of the Act requires that we conservation tools will continue to to access private lands. Such designate critical habitat on the basis of contribute to recovery of this species. designation does not require the best scientific and commercial data Similarly, critical habitat designations implementation of restoration, recovery, available. Further, our Policy on made on the basis of the best available or enhancement measures by non- Information Standards Under the information at the time of designation Federal landowners. Where a landowner Endangered Species Act (published in will not control the direction and requests Federal agency funding or the Federal Register on July 1, 1994 (59 substance of future recovery plans, authorization for an action that may FR 34271)), the Information Quality Act habitat conservation plans (HCPs), or affect a listed species or critical habitat, (section 515 of the Treasury and General other species conservation planning the consultation requirements of section Government Appropriations Act for efforts if new information available at 7(a)(2) of the Act would apply, but even Fiscal Year 2001 (Pub. L. 106–554; H.R. the time of these planning efforts calls in the event of a destruction or adverse 5658)), and our associated Information for a different outcome.

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Physical or Biological Features formations, which produced shallow or early spring. Where these physical In accordance with section 3(5)(A)(i) rocky, well-drained soils in which features occur within the headwaters of and 4(b)(1)(A) of the Act and regulations bedrock outcrops are common (U.S. the Coosa River in Alabama and Georgia at 50 CFR 424.12, in determining which Department of Agriculture (USDA) and the East Fork Forked Deer and areas within the geographical area 1975, pp. 12–17; USDA 1981, pp. 46–47; Tuscumbia Rivers in Tennessee, they occupied by the species at the time of USDA 1985, p. 64.; USDA 2001, pp. 19– provide space for the whorled listing to designate as critical habitat, 20, 28, 59, 64; USDA 2004a, pp. 22–23, sunflower’s individual and population 36–37, 83, 87; USDA 2004b, pp. 21, 75, growth. we consider the physical or biological 82). The species inhabits these outcrops Therefore, based on the information features essential to the conservation of and soils where they occur on steeply above, we identify silt loam, silty clay the species and which may require sloped bluffs or hillsides, primarily with loam, or fine sandy loam soils on land special management considerations or a south- to west-facing aspect (Shea forms including broad uplands, protection. These include, but are not 1993, p. 16). The combination of depressions, stream terraces, and limited to: calcareous outcrops and shallow soils, floodplains as an essential physical or (1) Space for individual and steep slopes, and hot and dry conditions biological feature for this species. population growth and for normal present on south- to west-facing slopes Fleshy-fruit gladecress. This species is behavior; regulates the encroachment of endemic to glade communities (2) Food, water, air, light, minerals, or herbaceous and woody species that associated with limestone outcrops in other nutritional or physiological exclude Short’s bladderpod from Lawrence and Morgan Counties, requirements; vegetation communities present on Alabama (Rollins 1963). The terms glade (3) Cover or shelter; more mesic sites. Where these and cedar glades refer to shallow-soiled, (4) Sites for breeding, reproduction, or conditions occur near the mainstem and open areas that are dominated by rearing (or development) of offspring; tributaries of the Kentucky River in herbaceous plants and characterized by and Kentucky and Cumberland River in exposed sheets of limestone or gravel, (5) Habitats that are protected from Tennessee, they provide space for with Juniperus virginiana (eastern red disturbance or are representative of the Short’s bladderpod’s individual and cedar) frequently occurring in the historical, geographical, and ecological population growth. deeper soils along their edges (Hilton distributions of a species. Therefore, based on the above 1997, p. 1; Baskin et al. 1986, p. 138; We derive the specific physical or information, we identify steeply sloped Baskin and Baskin 1985, p. 1). Much of biological features essential for Short’s hillsides or bluffs with calcareous the cedar glade habitat in northern bladderpod, whorled sunflower, and outcrops or shallow or rocky, well- Alabama is in a degraded condition, and fleshy-fruit gladecress from studies of drained soils, typically on south- to populations of fleshy-fruit gladecress, in these species’ habitat, ecology, and life west-facing aspects, as an essential many cases, persist in glade-like history as described in the Critical physical or biological feature for this remnants exhibiting various degrees of Habitat section of the proposed rule to species. disturbance including pastures, designate critical habitat published in Whorled sunflower. This species roadside rights-of-way, and cultivated or the Federal Register on August 2, 2013 occurs in remnant prairie habitats found plowed fields (Hilton 1997, p. 5). The (78 FR 47060), and in the information in uplands and swales of headwater limestone outcrops, gravel, and shallow presented below. Additional streams in the Coosa River watershed in soils present in cedar glades and glade- information can be found in the final Georgia and Alabama and in the East like remnants provide space for listing rule published elsewhere in this Fork Forked Deer and Tuscumbia individual and population growth of Federal Register. We have determined Rivers’ watersheds in Tennessee. The fleshy-fruit gladecress by regulating the that these species require the following soil types are silt loams, silty clay encroachment of herbaceous and woody physical or biological features: loams, and fine sandy loams at the sites vegetation that would exclude fleshy- Space for Individual and Population where whorled sunflower occurs. These fruit gladecress from plant communities Growth and for Normal Behavior soils share the characteristics of being found on deeper soils. strongly to extremely acidic and having Therefore, based on the information Short’s bladderpod. This species low to moderate natural fertility and above, we identify shallow-soiled, open occurs in Kentucky and Tennessee on low to medium organic matter content areas with exposed limestone bedrock soils and outcrops of calcareous (USDA 1997, pp. 73–76; USDA 1978a, or gravel that are dominated by geologic formations along the mainstem pp. 24–54; USDA 1978b, p. 20; USDA herbaceous plants as an essential or tributaries of the Kentucky and 1978c, p. 44). The silt loams occupy physical or biological feature for this Cumberland Rivers, respectively. The various land forms ranging from broad species. calcareous bedrock formations on which upland ridges to low stream terraces. Short’s bladderpod primarily is found These soils formed from weathered Food, Water, Air, Light, Minerals, or are limestones of Mississippian, limestone or shale (USDA 1978a, pp. Other Nutritional or Physiological Silurian, or Ordivician age, with 24–54) or in alluvium (clay, silt, sand, Requirements siltstone or shale interbedded at some gravel, or similar material deposited by Short’s bladderpod. Within the occurrences (Kentucky Geological running water) derived from loess physical settings described above and Survey, http://www.arcgis.com/home/ (predominantly silt-sized sediment, the atypical physical setting where the item.html?id=d32dc6edbf9245 which is formed by the accumulation of species occurs in Indiana, the most cdbac3fd7e255d3974; Moore et al. 1967; wind-blown dust) and are moderately vigorous (Shea 1992, p. 24) and stable Wilson 1972, 1975, 1979; Wilson et al. well-drained to well-drained. The silty (Tennessee Department of Environment 1972, 1980; Marsh et al. 1973; Finlayson clay loams formed in alluvium or and Conservation 2009, p. 1) Short’s et al. 1980; Kerrigan and Wilson 2002). weathered limestone on floodplains, bladderpod occurrences are found in Soils where Short’s bladderpod occurs stream terraces, or upland depressions patches within forested sites where the in the Kentucky and Cumberland River and are poorly drained. The fine sandy canopy has remained relatively open drainages have formed from weathering loams are on floodplains and are over time. Overstory shading has been of the underlying calcareous bedrock occasionally flooded during winter and implicated as a factor contributing to the

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disappearance of Short’s bladderpod should be subjected to periodic reduction in the presence of heavy from four historically occupied sites and disturbance or management to reduce or shading; and compete poorly with has been identified as a limiting factor minimize encroachment of woody plants that shade them (Baskin and at nearly one-fifth of remaining extant vegetation where a forest canopy is not Baskin 1988, p. 837). The most vigorous occurrences. Competition or shading present, or to provide low levels of populations of fleshy-fruit gladecress from invasive, nonnative, herbaceous canopy and midstory closure where are located in areas that receive full, or and shrub species is a documented they occur in woodlands. near full, sunlight at the canopy level, threat to one-third of the extant Short’s Therefore, based on the information and have limited herbaceous bladderpod occurrences. Therefore, above, we identify sites in old fields, competition (Hilton 1997, p. 5). Under based on the information above, we woodlands, and along streams, which these conditions, herbaceous species identify forest communities with low receive full or partial sunlight for most commonly found in glades in levels of canopy closure or openings in of the day and where vegetation association with fleshy-fruit gladecress the canopy, in which invasive, characteristics of moist prairie are listed in Table 1. Shading and nonnative plants are absent or are communities is present, to be an competition are potential threats at the present at sufficiently low levels of essential physical or biological feature two largest populations of fleshy-fruit abundance that would not inhibit for this species. gladecress (Hilton 1997, p. 68). growth or reproduction of Short’s Fleshy-fruit gladecress. In Morgan, Nonnative plants including Ligustrum bladderpod plants, to be an essential Lawrence, Franklin, and Colbert vulgare (common privet) and Lonicera physical or biological feature for this Counties in northwestern Alabama, maackii (bush honeysuckle) are a species. glades occur in association with significant threat in many glades due to Whorled sunflower. This species is outcrops of Bangor Limestone, typically the ever present disturbances that allow found in moist, prairie-like remnants, as level areas with exposed sheets of for their colonization (Hilton 1997, p. which in a more natural condition exist limestone or limestone gravel 68). as openings in woodlands and along interspersed with fingers of cedar- adjacent creeks. Today, these conditions hardwood vegetation. The Bangor TABLE 1—CHARACTERISTIC FLORA OF are most often found in small remnant Limestone is often near the soil surface, CEDAR GLADE HABITAT patches or old field habitats adjacent to and can be seen in rocky cultivated roadsides, railroad rights-of-way, and fields and as small outcroppings at the Scientific name Common name streams bordered by agricultural lands. base of low-lying forested hills (Hilton Whorled sunflower grows most 1997). Primary Characteristic Herbs vigorously where there is little to no All species within the small genus forest canopy cover, plants receive full Leavenworthia are adapted to the Astragalus Tennessee milkvetch. tennesseensis. sunlight for most of the day (Schotz unique physical characteristics of glade habitats, perhaps the most important of Leavenworthia Alabama gladecress. 2011, p. 5) and herbaceous species that alabamica. are characteristic of moist-site prairie these being a combination of shallow Leavenworthia Michaux’s gladecress. vegetation are found. soil depth and the resulting tendency to uniflora. Dominant grasses include maintain temporary high moisture Petalostemum spp. ... Prairie clover. Schizachyrium scoparium (little content at or very near the surface Delphinium tricorne ... Dwarf larkspur. bluestem), Sorghastrum nutans (Indian (Rollins 1963, pp. 4–6). Typically, only Arabis laevigata ...... Smooth rockcress. grass), Andropogon gerardii (big a few centimeters of soil overlie the Schoenolirion Yellow sunnybell. bluestem), and Panicum virgatum bedrock, or, in spots, the soil may be croceum. (switch grass). Other common almost lacking and the surface barren. Scutellaria parvula .... Small skullcap. herbaceous associates include Bidens The glade habitats that support all Frequent Woody Species bipinnata (Spanish needles), Carex Leavenworthia species are extremely cherokeensis (Cherokee sedge), wet during the late winter and early Juniperus virginiana .. Eastern red cedar. Hypericum sphaerocarpum (roundseed spring and become extremely dry in St. Johnswort), Helianthus angustifolius summer (Rollins 1963, p. 5). These Therefore, based on the information (swamp sunflower), Helenium glades can vary in size from as small as above, we identify open, sunny autumnale (common sneezeweed), a few meters to larger than 1 square exposures of limestone outcrops of the Lobelia cardinalis (cardinal flower), kilometer (km2) (0.37 square miles Bangor formation within glade plant Pycnanthemum virginianum (Virginia (mi2)) and are characterized as having communities that are characterized by mountainmint), Physostegia virginiana an open, sunny aspect (lacking canopy) the species listed in Table 1 and have (obedient plant), Saccharum giganteum (Quarterman 1950, p. 1; Rollins 1963, p. relatively thin, rocky soils that are (sugarcane plumegrass), Silphium 5). classified within the Colbert or Talbot terebinthinaceum (prairie rosinweed), Fleshy-fruit gladecress populations soils mapping units as an essential Sporobolus heterolepis (prairie are restricted to well-lighted portions of physical or biological feature for this dropseed), and Symphyotrichum novae- limestone outcroppings. Baskin and species. angliae (New England aster) (Tennessee Baskin (1988, p. 837) indicated that a Sites for Breeding, Reproduction, or Division of Natural Areas 2008, p. 5; high light requirement was common Rearing (or Development) of Offspring Matthews et al. 2002, p. 23; Schotz among the endemic plants of rock 2001, p. 3). Encroachment by woody outcrop plant communities in the un- Short’s bladderpod. This species vegetation is a threat to whorled glaciated eastern United States. This likely is self-incompatible, and nearly sunflower populations when left obligate need for high light has been 50 percent of extant occurrences are unmanaged in old fields, transportation supported by field observations showing threatened with adverse effects rights-of-way, and borders of that these eastern outcrop endemics, associated with small populations agricultural fields, as well as in densely such as fleshy-fruit gladecress, grow on including loss of genetic variation, shaded silvicultural plantations or well-lighted portions of the outcrops but inbreeding depression, and reduced forested sites. To prevent excessive not in adjacent shaded forests; availability of compatible mates. For shading or competition, these sites photosynthesize best in full sun, with a this reason, it is essential that habitat for

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pollinators be conserved in close al. 2009, p. 1840). Degraded habitat disrupt encroachment of competing proximity to known occurrences to conditions also contribute to poor vegetation. The shallow soil, exposed increase the likelihood of pollen individual growth and reproductive rock, and frequently hot, dry summers exchange among compatible mates. output in whorled sunflower. Where create xeric conditions that regulate Where possible, habitat patches should woody vegetation encroaches on competition and shading from be protected that would reduce whorled sunflower populations, growth encroaching vegetation (Hilton 1997, p. fragmentation between multiple and flower production are reduced. 5; McDaniel and Lyons 1987, p. 6; occurrences among which pollinator While the species can produce new Baskin et al. 1986, p. 138; Rollins 1963, dispersal could facilitate gene flow. stems via shoot generation from p. 5). Pollinators specific to Short’s rhizomes, the production of genetically Therefore, based on this information, bladderpod have not been studied. Bees distinct individuals needed to support we identify the presence of shallow soil from the families Halictidae, Apidae, population growth and maintain genetic and exposed rock that discourage and Andrenidae were found to be the variation within the species is competition and shading from most common pollinators visiting four dependent on flowering and outcrossing encroaching vegetation to be an other species in the genus Physaria, and of compatible mates and production of essential physical or biological feature flies from the families Syrphidae, viable achenes. Therefore, based on the for this species. Tachinidae, and Conopidae also carried information above, we identify the Physaria pollen (Edens-Meier et al. presence of compatible mates in sites Primary Constituent Elements 2011, p. 293; Tepedino et al. 2012, pp. that receive full or partial sunlight for 143–145). In their study of pollinators of most of the day to be an essential Under the Act and its implementing three species of Physaria, Tepedino et physical or biological feature for this regulations, we are required to identify al. (2012, p. 144) estimated that species. the physical or biological features maximum flight distance ranged from Fleshy-fruit gladecress. Glades where essential to the conservation of Short’s 100 m (330 ft) to 1.4 km (0.9 mi) for fleshy-fruit gladecress grows have very bladderpod, whorled sunflower, and Andrenids and 40 to 100 m (130 to 330 shallow soils overlying horizontally fleshy-fruit gladecress in areas occupied ft) for Halictid bees. Because native, bedded limestone. Precipitation tends to at the time of listing, focusing on the ground-nesting bees in the Andrenidae be very seasonal within the species’ features’ primary constituent elements. and Halictidae were the most reliable geographic range, with wet weather Primary constituent elements (PCEs) are visitors and pollinators of the Physaria concentrated in the winter and early those specific elements of the physical species they studied, Tepedino et al. spring and summer (Lyons and or biological features that provide for a (2012, p. 145) recommended avoiding Antonovics 1991). species’ life-history processes and are physical disruption of the soil nesting Fleshy-fruit gladecress is an annual essential to the conservation of the substrate and its drainage patterns in species, the seeds of which germinate in species. sites harboring bee nests. the fall, overwinter as rosettes, and Based on our current knowledge of Short’s bladderpod is thought to form commence a month-long flowering the physical or biological features and soil seed banks (Dr. Carol Baskin, period beginning in mid-March. The habitat characteristics required to Professor, University of Kentucky, pers. first seeds mature in late April, and sustain the species’ life-history comm., December 2012), and during most years, the plants dry and processes, we determine that the PCEs persistence of populations likely is drop all of their seeds by the end of for these three plant species are: dependent on formation and May. Leavenworthia species are maintenance of this pool of dormant dormant by early summer, helping them Short’s Bladderpod individuals. Sites where the species to survive the dry period as seed; this (1) PCE 1—Bedrock formations and occurs should not be subjected to dormancy is likely one of the major outcrops of calcareous limestone, activities that would remove the soil evolutionary adaptations in this genus sometimes with interbedded shale or seed bank. Moderate soil disturbance, enabling its species to endure the siltstone, in close proximity to the however, could promote germination extreme drought conditions of late mainstem or tributaries of the Kentucky from the seed bank in locations where summer (Quarterman 1950, p. 5). As an and Cumberland rivers. These outcrop overstory shading and competition from annual, this species’ long-term survival sites or areas of suitable bedrock geology herbaceous and shrub species have is dependent upon its ability to should be located on steeply sloped caused population declines. Positive reproduce and reseed an area every hillsides or bluffs, typically on south- to responses have been observed following year. Thus, populations decline and west-facing aspects. removal of competing vegetation and move toward extinction if conditions soil disturbance associated with grading remain unsuitable for reproduction for (2) PCE 2—Shallow or rocky, well- of the roadside at the site where Short’s many consecutive years. drained soils formed from the bladderpod occurs in Indiana. The most vigorous populations of weathering of underlying calcareous Therefore, based on the information fleshy-fruit gladecress are located in bedrock formations, which are above, we identify reproduction sites areas that receive full, or near full, undisturbed or subjected to minimal containing extant occurrences of the sunlight at the canopy level and have disturbance, so as to retain habitat for species within habitat patches providing limited herbaceous competition (Hilton ground-nesting pollinators and potential suitable pollinator habitat, and in which 1997). Rollins (1963) documented the for maintenance of a soil seed bank. surface features and bladderpod loss of fleshy-fruit gladecress (3) PCE 3—Forest communities with seedbed are not subjected to heavy individuals caused by invading weedy low levels of canopy closure or disturbance, to be an essential physical species in fallow agricultural fields in openings in the canopy to provide or biological feature for this species. northern Alabama. Under natural adequate sunlight for individual and Whorled sunflower. This species is conditions, glades are edaphically population growth. Invasive, nonnative self-incompatible, and the lack of (related to or caused by particular soil plants must be absent or present in compatible mates has been suggested as conditions) maintained through sufficiently low numbers not to inhibit a possible cause of reduced achene processes of drought and erosion growth or reproduction of Short’s production in one population (Ellis et interacting with other processes that bladderpod.

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Whorled Sunflower deposition in suitable habitat; (3) sunflower sites when planning for (1) PCE 1—Silt loam, silty clay loam, blasting or removal of hard rock and soil establishing new sites for agriculture or or fine sandy loam soils on land forms substrates; (4) dumping of trash and pulpwood and timber production; (2) including broad uplands, depressions, debris; (5) prolonged inundation of sites ensuring that herbicide use or mowing stream terraces, and floodplains within due to manipulation of regulated waters does not occur in whorled sunflower the headwaters of the Coosa River in for flood control or other purposes; (6) sites during the species’ growing season; Alabama and Georgia and the East Fork indiscriminate maintenance of (3) locating suitable habitat, determining Forked Deer and Tuscumbia rivers in transportation rights-of-way, including presence or absence of whorled Tennessee. grading, mowing, or herbicide sunflower, and protecting or restoring as (2) PCE 2—Sites in which forest application; and (8) shading and many sites or complexes of sites as canopy is absent, or where woody competition due to forest canopy possible; (4) managing, including vegetation is present at sufficiently low closure and encroachment of invasive, prescribed burning, mowing, and bush- densities to provide full or partial nonnative plants. hogging, to reduce canopy cover, sunlight to whorled sunflower plants for Management activities that could minimize competition from native and most of the day, and which support ameliorate these threats include, but are invasive, nonnative plants, and vegetation characteristic of moist prairie not limited to: (1) Avoiding areas maintain characteristic moist prairie communities. Invasive, nonnative plants located in or upslope of Short’s vegetation; (5) reaching out to all must be absent or present in sufficiently bladderpod sites when planning for landowners, including private, State, low numbers not to inhibit growth or location of commercial or residential and Federal landowners, to raise reproduction of whorled sunflower. development; maintenance, awareness of the plant and its habitat; (3) PCE 3—Occupied sites in which a construction, or expansion of utility and and (6) providing technical or financial sufficient number of compatible mates transportation infrastructure; and access assistance to landowners to help in the are present for outcrossing and for livestock; (2) removing trash and design and implementation of production of viable achenes to occur. debris that are dumped onto or upslope management actions that protect the of Short’s bladderpod sites; (3) locating plant and its habitat. Fleshy-Fruit Gladecress suitable habitat, determining presence Fleshy-Fruit Gladecress (1) PCE 1—Shallow-soiled, open areas or absence of Short’s bladderpod, and with exposed limestone bedrock or protecting or restoring as many sites or The features essential to the gravel that are dominated by herbaceous complexes of sites as possible; (4) conservation of fleshy-fruit gladecress vegetation characteristic of glade evaluating the effects of flow regulation may require special management communities. on Short’s bladderpod occurrences considerations or protection to reduce (2) PCE 2—Open or well-lighted areas within the fluctuation zone of regulated the following threats: (1) Actions that of exposed limestone bedrock or gravel river reaches and adjusting management remove the soils and alter the surface that ensure fleshy-fruit gladecress plants to avoid or minimize prolonged periods geology of the glades; (2) building or remain unshaded for a significant of inundation; (5) reaching out to all paving over the glades; (3) construction portion of the day. landowners, including private, State, or excavation up slope that alters water (3) PCE 3—Glade habitat that is and Federal landowners, to raise movement (sheet flow or seepage) down protected from both native and invasive, awareness of the plant and its habitat; slope to gladecress sites; (4) planting nonnative plants to minimize (5) providing technical or financial trees adjacent to the edges of an outcrop competition and shading of fleshy-fruit assistance to landowners to help in the resulting in shading of the glade and gladecress. design and implementation of accumulations of leaf litter and tree management actions that protect the debris; (5) encroachment by nonnative Special Management Considerations or plant and its habitat; (6) managing, and native invading trees, shrubs, and Protections including reducing, canopy cover and vines that shade the glade; (6) the use When designating critical habitat, we competition from native and invasive, and timing of application of certain assess whether the specific areas within nonnative plants to maintain an intact herbicides that can harm gladecress the geographical area occupied by the native forest community with canopy seedlings; and (7) access by cattle to species at the time of listing contain openings or low levels of canopy gladecress sites where habitat and features that are essential to the closure. plants may be trampled. conservation of the species and which Management activities that could may require special management Whorled Sunflower ameliorate these threats include (but are considerations or protection. We believe The features essential to the not limited to): (1) Avoiding limestone that the features in each unit included conservation of whorled sunflower may glades when planning development, in these designations require special require special management conversion to agriculture, and other management and protections. considerations or protection to reduce disturbances to glade complexes; (2) the following threats: (1) Soil avoiding above-ground construction Short’s Bladderpod disturbance due to silvicultural site and/or excavations in locations that The features essential to the preparation, timber harvest, or would interfere with natural water conservation of Short’s bladderpod may cultivation of row crops; (2) movement to gladecress habitat sites; (3) require special management indiscriminate herbicide use or mowing; locating suitable habitat and considerations or protection to reduce (3) conversion of remnant prairie habitat determining the presence or absence of the following threats: (1) Actions that to agricultural or industrial forestry the species and identifying areas with would directly result in removal of soils uses; and (4) excessive shading or glade complexes and protecting or or indirectly cause their loss due to competition from native woody species restoring as many complexes as increased rates of erosion; (2) building, or invasive, nonnative plants. possible; (4) reaching out to all paving, or grazing of livestock within or Management activities that could landowners, including private and State upslope of Short’s bladderpod sites that ameliorate these threats include, but are landowners, to raise awareness of the alters water movement or causes soil not limited to: (1) Avoiding areas plant and its specialized habitat; (5) erosion that results in sediment located in close proximity to whorled providing technical or financial

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assistance to landowners to help in the disturbance is visible from inspection of (INHDC 2012; KNHP 2012; TNHID design and implementation of aerial photography, available through 2012) as a basis for delineating units in management actions that protect the Google Earth. ArcGIS. Additionally, we used aerial plant and its habitat; (6) avoiding pine photography available through Google Areas Not Occupied by Short’s tree plantings near glades; and (7) Earth to determine vegetation cover and Bladderpod managing, including brush removal, to for three-dimensional viewing of maintain an intact native glade We considered whether there were topographic features. We delineated vegetation community. any specific areas outside the units around occupied sites, with More information on the special geographical area found to be occupied boundaries determined by the combined management considerations for each by Short’s bladderpod that are essential spatial arrangement of limestone critical habitat unit is provided in the for the conservation of the species as bedrock, sometimes with interbedded individual unit descriptions below. required by section 3(5)(A)(i) of the Act. shale or siltstone; shallow or rocky, First, we considered whether there was well-drained soils; steeply sloped Criteria Used To Identify Critical sufficient area for the conservation of Habitat topography; and forest vegetation. In the species within the occupied areas order to reduce threats from adjacent As required by section 4(b)(2) of the determined above. In doing so, we land uses, we extended unit boundaries Act, we use the best scientific data evaluated whether protection or from ridge tops or bluff lines above available to designate critical habitat. In management of currently occupied sites Short’s bladderpod occurrences accordance with the Act and our and nearby suitable habitats would downslope to either obvious breaks in implementing regulations at 50 CFR provide adequate representation, slope gradient or to the edge of water 424.12(b), we review available redundancy, and resiliency for Short’s bodies that form a unit boundary. These information pertaining to the habitat bladderpod conservation. The 26 extant units typically include individual requirements of the species and identify occurrences of Short’s bladderpod occupied sites; however, where occupied areas at the time of listing that included in critical habitat units below appropriate we delineated units so that contain the features essential to the are distributed among habitats that are they encompass more than one conservation of the species. If, after representative of those in which the occupied site and span intervening identifying currently occupied areas, we species’ occurred in its historical areas in which the primary constituent determine that those areas are geographic range and, if conserved, elements are present. We delineated inadequate to ensure conservation of the should provide adequate redundancy units spanning multiple occupied sites species, in accordance with the Act and for the species to endure localized, in order to minimize fragmentation and our implementing regulations at 50 CFR stochastic disturbances. While provide areas for pollinator nesting and 424.12(e) we then consider whether populations are small at some of these dispersal to promote gene flow among designating additional areas—outside occurrences, there is sufficient habitat extant occurrences. those currently occupied—are essential available to support population growth; for the conservation of the species. As however, some management might be Areas Occupied by Whorled Sunflower discussed in more detail below, we are necessary to improve habitat conditions For the purpose of designating critical not designating any areas outside the and population growth rates. habitat for whorled sunflower, we geographical area occupied by the Conserving or restoring habitat and defined the geographical area currently species because occupied areas are viable populations at all occupied sites occupied by the species as required by sufficient for the conservation of the should provide conditions necessary for section 3(5)(A)(i) of the Act. We define species, and we have no evidence that successful reproduction and population occupied areas in Georgia and Alabama these species existed beyond their growth and resiliency for the species to as those areas where the species was current geographical ranges in habitat recover from acute demographic effects present during site visits by the Service types that are not represented by the of localized disturbances. Therefore, no during 2012. The most recent survey critical habitat units we designated. areas outside of the currently occupied data available from TNHID (2012) Below we go into more detail about the geographical areas would be essential confirmed the presence of whorled criteria used to identify critical habitat for the conservation of the species, and sunflower during 2005 and 2009, at the for Short’s bladderpod, whorled we have not designated any additional Madison and McNairy County, sunflower, and fleshy-fruit gladecress. areas. Tennessee, populations, respectively. Based on inspection of aerial Areas Occupied by Short’s Bladderpod Mapping Short’s Bladderpod Critical photography for these locations, Habitat For the purpose of proposing critical available through Google Earth, habitat habitat for Short’s bladderpod, we Once we determined the occupied still is present at these sites and no define the geographical area currently areas, we next delineated critical habitat evidence of substantial ground occupied by the species as required by unit boundaries based on the presence disturbance was apparent; thus, we section 3(5)(A)(i) of the Act. We of primary constituent elements. We consider these sites to still be occupied considered those sites to be occupied used data for geology (Kentucky by whorled sunflower. where (1) Element Occurrence Records Geological Survey, available online at from State conservation agencies http://www.arcgis.com/home/ Areas Not Occupied by Whorled (Indiana Natural Heritage Data Center item.html?id=d32dc6edbf9245cdbac3fd Sunflower (INHDC) 2012; Kentucky Natural 7e255d3974; Moore I. 1967; Wilson We considered whether there were Heritage Program (KNHP) 2012; 1972, 1975, 1979; Wilson I. 1972, 1980; any specific areas outside the Tennessee Natural Heritage Inventory Marsh I. 1973; Finlayson I. 1980; geographical area found to be occupied Database (TNHID) 2012) indicate that Kerrigan and Wilson 2002), soils by whorled sunflower that are essential the species was extant at the time of the (USDA, Soil Survey Geographic for the conservation of the species as proposed listing rule (i.e., is considered Database, available online at http:// required by section 3(5)(A)(i) of the Act. currently extant), and (2) we determine soildatamart.nrcs.usda.gov), First, we considered whether there was that forest communities are present and topographic contours, and locations of sufficient area for the conservation of no evidence of substantial ground sites occupied by Short’s bladderpod the species within the occupied areas

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determined above. In doing so, we occupied areas as those where recent physical or biological features for evaluated whether protection or surveys in 2011 confirmed the species Short’s bladderpod, whorled sunflower, management of currently occupied sites was present (Shotz 2012, pers. comm.) and fleshy-fruit gladecress. The scale of and nearby suitable habitats would and one additional site where TVA the maps we prepared under the provide adequate representation, provided data confirming the species parameters for publication within the redundancy, and resiliency for whorled was present. Code of Federal Regulations may not sunflower’s conservation. The four Areas Not Occupied by Fleshy-Fruit reflect the exclusion of such developed extant populations of whorled Gladecress lands. Any such lands inadvertently left sunflower are distributed among inside critical habitat boundaries shown habitats that we believe are We considered whether there were on the maps of this final rule have been representative of those in which the any specific areas outside the excluded by text in the rule and are not species occurred in its historical geographical area found to be occupied designated as critical habitat. Therefore, geographic range and, if conserved, by the fleshy-fruit gladecress that are a Federal action involving these lands should provide adequate redundancy essential for the conservation of the will not trigger section 7 consultation for the species to endure localized, species as required by section 3(5)(A)(ii) with respect to critical habitat and the stochastic disturbances. While of the Act. First, we evaluated whether requirement of no adverse modification populations are small at most of these there was sufficient area for the unless the specific action would affect occurrences, there is sufficient habitat conservation of the species within the the physical or biological features in the available to support population growth; occupied areas determined as described adjacent critical habitat. however, management will be necessary above. To guide what would be The critical habitat designation is to improve habitat conditions and considered needed for the species’ defined by the map or maps, as population growth rates. Conserving or conservation, we evaluated the seven modified by any accompanying restoring habitat and viable populations sites where the species is known to regulatory text, presented at the end of at all occupied sites should provide occur. Currently occupied sites are this document in the rule portion. We conditions necessary for successful distributed across the historical range of include more detailed information on reproduction and population growth the species and are representative of the the boundaries of the critical habitat and resiliency for the species to recover landscape settings and soil types that designation in the preamble of this from acute demographic effects of have been documented at gladecress document. We will make the localized disturbances. Therefore, no occurrences. Six of the seven units coordinates or plot points or both on areas outside of the currently occupied within occupied areas contain suitable which each map is based available to geographical areas would be essential habitat (with special management) for the public on http:// for the conservation of the species, and natural expansion of existing www.regulations.gov at Docket No. we have not designated any additional populations or possible future FWS–R4–ES–2013–0086, on our areas. augmentation if determined necessary Internet sites http://www.fws.gov/ during future recovery planning and cookeville, http://www.fws.gov/ Mapping Whorled Sunflower Critical implementation. Therefore, no areas Habitat midwest/bloomington, http:// outside of the currently occupied www.fws.gov/daphne, http:// Once we determined the occupied geographical areas would be essential www.fws.gov/frankfort, http:// areas, we next delineated critical habitat for the conservation of the species, and www.fws.gov/athens, and at the field unit boundaries based on the presence we have not designated any additional office responsible for the designation of primary constituent elements. We areas. (see FOR FURTHER INFORMATION CONTACT). used data for soils (USDA, Soil Survey Mapping Fleshy-Fruit Gladecress Geographic Database, available online at Final Critical Habitat Designation http://soildatamart.nrcs.usda.gov) and Critical Habitat Short’s Bladderpod locations of sites occupied by whorled Once we determined the occupied sunflower as a basis for delineating areas, we next delineated the critical We are designating 20 units as critical units in ArcGIS. Additionally, we used habitat unit boundaries based on the habitat for Short’s bladderpod. The aerial photography available through presence of primary constituent critical habitat areas we describe below Google Earth to determine vegetation elements. We used various GIS layers, constitute our current best assessment of cover and for three-dimensional viewing soil surveys, aerial photography, and areas that meet the definition of critical of topographic features. We delineated known locations of the extant and habitat for Short’s bladderpod. All these units around occupied sites, with historical populations. We used ArcGIS units are occupied at the time of listing. boundaries determined by the spatial to delineate units around occupied sites, The areas we propose as critical habitat arrangement of suitable soils (described encompassing adjacent areas where the are: (1) Kings and Queens Bluff, (2) Lock above in PCE 1 for whorled sunflower) primary constituent elements were B Road, (3) Jarrel Ridge Road, (4) and to provide opportunities for present to provide suitable habitat for Cheatham Lake, (5) Harpeth River, (6) minimizing fragmentation among natural expansion of the populations. Montgomery Bell Bridge, (7) Nashville subpopulations by restoring The seven units in the proposed and Western Railroad, (8) River Trace, characteristic prairie vegetation in areas designation include the species’ entire (9) Old Hickory Lake, (10) Coleman- currently used for agricultural or historical range. All of the units contain Winston Bridge, (11) Cordell Hull industrial forestry purposes. the primary constituent elements Reservoir, (12) Funns Branch, (13) essential for the conservation of fleshy- Wartrace Creek, (14) Camp Pleasant Areas Occupied by Fleshy-Fruit fruit gladecress. Branch, (15) Kentucky River, (16) Gladecress When determining critical habitat Owenton Road, (17) Little Benson For the purpose of designating critical boundaries within this final rule, we Creek, (18) Boone Creek, (19) Delaney habitat for fleshy-fruit gladecress, we made every effort to avoid including Ferry Road, and (20) Bonebank Road. defined the geographical area currently developed areas such as lands covered The approximate area of each critical occupied by the species as required by by buildings, pavement, and other habitat unit, broken down by land section 3(5)(A)(i) of the Act. We define structures because such lands lack ownership, is shown in Table 2.

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TABLE 2—DESIGNATED CRITICAL HABITAT UNITS FOR SHORT’S BLADDERPOD IN HECTARES (HA) AND ACRES (AC)

Private State/local Federal Size of unit Critical habitat unit ha (ac) ha (ac) ha (ac) ha (ac)

1. Kings and Queens Bluff ...... 7.6 (18.9) ...... * 3.0 (7.3) 7.6 (18.9) 2. Lock B Road ...... 10.1 (25.0) ...... * 0.3 (0.8) 10.1 (25.0) 3. Jarrel Ridge Road ...... 5.2 (12.8) ...... * 0.4 (1.1) 5.2 (12.8) 4. Cheatham Lake ...... 19.1 (47.2) 3.4 (8.3) 4.9 (12.0) 27.3 (67.5) 5. Harpeth River ...... 8.2 (20.3) ...... 17.3 (42.8) 25.5 (63.1) 6. Montgomery Bell Bridge ...... 2.1 (5.3) ...... 9.0 (22.3) 11.2 (27.7) 7. Nashville and Western Railroad ...... 20.8 (51.4) 8.1 (20.0) 1.5 (3.8) 30.5 (75.3) 8. River Trace ...... 42.8 (105.7) ...... * 5.6 (13.8) 42.8 (105.7) 9. Old Hickory Lake ...... 1.9 (4.8) ...... 2.9 (7.1) 4.8 (11.9) 10. Coleman-Winston Bridge ...... 4.1 (10.1) ...... 3.3 (8.1) 7.4 (18.2) 11. Cordell Hull Reservoir ...... 12.3 (34.2) 12.3 (34.2) 12. Funns Branch ...... 20.8 (51.3) 20.8 (51.3) 13. Wartrace Creek ...... 37.5 (92.6) 37.5 (92.6) 14. Camp Pleasant Branch ...... 17.4 (42.9) ...... 17.4 (42.9) 15. Kentucky River ...... 83.7 (206.7) 9.4 (23.3) ...... 93.1 (230.0) 16. Owenton Road ...... 1.3 (3.3) 1.5 (3.7) ...... 2.8 (7.0) 17. Little Benson Creek ...... 9.4 (23.3) ...... 9.4 (23.3) 18. Boone Creek ...... 5.0 (12.4) ...... 5.0 (12.4) 19. Delaney Ferry Road ...... 0.6 (1.4) ...... 0.6 (1.4) 20. Bonebank Road ...... 1.7 (4.3) ...... 1.7 (4.3)

Total ...... 239.3 (591.5) 24.1 (59.6) 118.8 (297.2) 373.0 (925.5) Note: Area sizes may not sum due to rounding. * Indicates U.S. Army Corps of Engineers easements, which are not added to size of unit because these lands are included in ha (ac) figure given for the private lands on which easements are held.

We present brief descriptions of all and competition due to encroachment of approximately 8 percent of this land. units, and reasons why they meet the native and invasive, nonnative plants. This unit is located in Montgomery definition of critical habitat for Short’s County, Tennessee, approximately 10 Unit 2: Lock B Road bladderpod, below. All of the proposed km south of the city limit of Clarksville, critical habitat units, except as specified Unit 2 consists of 10.1 ha (25.0 ac) of on a hillside that lies west and north of below, contain all of the PCEs essential privately owned land, but the Corps of the southern terminus of Jarrel Ridge to the conservation of the species. Engineers holds flood easements on Road. approximately 3 percent of this land. Unit 1: Kings and Queens Bluff The features essential to the This unit is located in Montgomery conservation of the species in this unit Unit 1 consists of 7.6 ha (18.9 ac) of County, Tennessee, approximately 6.9 may require special management private land, but the U.S. Army Corps km (4.3 mi) south of the city limits of considerations or protection to address of Engineers (Corps of Engineers) holds Clarksville, on a hillside that lies to the threats related to erosion or prolonged flood easements on approximately 40 east and west of Lock B Road North, inundation due to water level percent of this land. This unit is located beginning approximately 0.8 km (0.5 manipulation; changes in land use, in Montgomery County, Tennessee, on a mi) south of its junction with Gholson including residential or commercial bluff on the right descending bank of the Road and continuing south for construction, which could cause Cumberland River within the city limits approximately 0.4 km (0.25 mi), at removal of forest vegetation or soils or of Clarksville, approximately 0.16 km which point Lock B Road North veers to soil loss due to erosion; potential right- (0.10 mi) south of the intersection of the southwest. From this point, this unit of-way construction or maintenance State Route 12 (Ashland City Road) and continues south for approximately 1.0 using herbicides or mechanized Queens Bluff Way. Beginning km (0.6 mi) along the hillside that is equipment along Jarrel Ridge Road at approximately 0.28 km (0.18 mi) south east of Lock B Road North. The features the unit boundary or the Illinois Central of the easternmost intersection of essential to the conservation of the Railroad, which traverses the unit; and Ashland City Road (U.S.–41a Bypass) species in this unit may require special shading or competition due to and Queens Bluff Road, this unit management considerations or encroachment of native and invasive, parallels the Cumberland River in a protection to address threats related to nonnative plants. downstream direction for approximately potential right-of-way construction or Unit 4: Cheatham Lake 1.7 km (1.1 mi). maintenance using herbicides or The features essential to the mechanized equipment along Lock B Unit 4 consists of 27.3 ha (67.5 ac) of conservation of the species in this unit Road North or the Illinois Central privately owned, local government, and may require special management Railroad, both of which traverse Federal lands. This unit is located in considerations or protection to address portions of the unit, and shading or Cheatham County, Tennessee, threats related to erosion or prolonged competition due to encroachment of approximately 9.0 km (5.6 mi) west- inundation due to water level native and invasive, nonnative plants. northwest of the city limits of the town manipulation; changes in land use, of Ashland City, on a series of hillsides Unit 3: Jarrel Ridge Road including residential or commercial that begins approximately 0.8 km (0.5 construction, which could cause Unit 3 consists of 5.2 ha (12.8 ac) of mi) northeast of the junction of Beech removal of forest vegetation or soils or privately owned lands, but the Corps of Grove Road and Cheatham Dam Road soil loss due to erosion; and shading Engineers holds flood easements on and arcs in a southeasterly direction for

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approximately 2.2 km (1.4 mi). Here, the approximately 5.5 km (3.4 mi) west of Unit 8: River Trace unit crosses Cheatham Dam Road, and the city limits of the town of Ashland Unit 8 consists of 42.8 ha (105.7 ac) continues for approximately 2.2 km in City, on a hillside and bluffs on the left of privately owned land, with the a southeasterly arc to its eastern descending bank of the Harpeth River exception of the River Trace road right- boundary on the right descending bank that begin approximately 0.4 km (0.27 of-way. The Corps of Engineers holds of the Cumberland River, approximately mi) east of the Montgomery Bell Bridge, flood easements on approximately 13 0.18 km (0.11 mi) south of Kimbrough where SR–49 crosses the river and percent of the lands within the unit. Road. The land within this unit is bisects the unit, and parallels the river This unit is located in Davidson and approximately 70 percent privately in an upstream direction for Cheatham Counties, Tennessee, on owned, 12 percent owned by Ashland approximately 1.8 km (1.1 mi). The land hillsides and bluffs approximately 0.9 City, and 18 percent owned by the within this unit is approximately 19 km (0.6 mi) southeast of the city limit Corps of Engineers. percent privately owned, and 81 percent of the town of Ashland City, beginning The features essential to the is owned by the Corps of Engineers. at the western extent of River Trace and conservation of the species in this unit The features essential to the may require special management extending along both sides of this road conservation of the species in this unit in a southeasterly direction for a considerations or protection to address may require special management threats related to erosion or prolonged distance of approximately 2.3 km (1.4 considerations or protection to address mi). Here, the unit leaves River Trace inundation due to water level threats related to erosion or prolonged manipulation; changes in land use, and continues along the hillside and inundation due to water level bluffs on the right descending bank of including residential or commercial manipulation; changes in land use, construction, which could cause the Cumberland River in an upstream including residential or commercial direction for approximately 2.1 km (1.3 removal of forest vegetation or soils or construction, which could cause soil loss due to erosion; potential right- mi). removal of forest vegetation or soils or The features essential to the of-way construction or maintenance soil loss due to erosion; and shading or using herbicides or mechanized conservation of the species in this unit competition due to encroachment of may require special management equipment along the Illinois Central native and invasive, nonnative plants. Railroad, which traverses the unit; and considerations or protection to address shading or competition due to Unit 7: Nashville and Western Railroad threats related to erosion or prolonged inundation due to water level encroachment of native and invasive, Unit 7 consists of 30.5 ha (75.3 ac) of nonnative plants. manipulation; changes in land use, privately owned, local government, and including residential or commercial Unit 5: Harpeth River Federal land in Cheatham County, construction, which could cause Unit 5 consists of 25.5 ha (63.1 ac) of Tennessee. This unit is located along removal of forest vegetation or soils or privately owned and federal land in the southwest city limit of the town of soil loss due to erosion; potential right- Cheatham County, Tennessee. This unit Ashland City, on hillsides and bluffs of-way construction or maintenance is located approximately 5 km (3.1 mi) that begin approximately 0.26 km (0.16 using herbicides or mechanized west of the city limits of the town of mi) east of the confluence of equipment along River Trace or the Ashland City, on the west slope of a Marrowbone Creek and the Cumberland Nashville and Western Railroad, both of hillside and associated bluffs that begin River and extend upstream on the right which traverse the unit; and shading or on the point of land formed by the descending bank of the Cumberland competition due to encroachment of confluence of Cumberland and Harpeth River for approximately 2.3 km (1.4 mi). native and invasive, nonnative plants. Here, the unit continues in a rivers and extend upstream along the Unit 9: Old Hickory Lake right descending bank of the Harpeth southeasterly direction for River, reaching the unit’s southernmost approximately 0.9 km (0.5 mi) from the Unit 9 consists of 4.8 ha (11.9 ac) of boundary approximately 0.6 km (0.4 mi) point where the river veers away from privately owned and Federal lands in east of SR–49, where it crosses the the hillside and bluffs. The land within Trousdale County, Tennessee. This unit Harpeth River. The land within this unit this unit is approximately 68 percent is located approximately 3.5 km (2.2 mi) is approximately 32 percent privately privately owned, 27 percent owned by west of the southern city limits of the owned, and 68 percent is owned by the the Cheatham County Rail Association, town of Hartsville and 0.5 km (0.3 mi) Corps of Engineers. and 5 percent owned by the Corps of south of Oldham Road, on a hillside and The features essential to the Engineers. bluffs on the right descending bank of conservation of the species in this unit The features essential to the the Cumberland River. Beginning may require special management conservation of the species in this unit approximately 0.4 km (0.25 mi) considerations or protection to address may require special management downstream of the mouth of Second threats related to erosion or prolonged considerations or protection to address Creek, this unit parallels the inundation due to water level threats related to erosion or prolonged Cumberland River in a downstream manipulation; changes in land use, inundation due to water level direction for approximately 0.7 km (0.4 including residential or commercial manipulation; changes in land use, mi). The land within this unit is construction, which could cause including residential or commercial approximately 40 percent privately removal of forest vegetation or soils or construction, which could cause owned, and 60 percent is owned by the soil loss due to erosion; and shading or removal of forest vegetation or soils or Corps of Engineers. competition due to encroachment of soil loss due to erosion; potential right- The features essential to the native and invasive, nonnative plants. of-way construction or maintenance conservation of the species in this unit using herbicides or mechanized may require special management Unit 6: Montgomery Bell Bridge equipment along the Nashville and considerations or protection to address Unit 6 consists of 11.2 ha (27.7 ac) of Western Railroad, which traverses the threats related to erosion or prolonged privately owned and federal land in unit; and shading or competition due to inundation due to water level Cheatham and Dickson Counties, encroachment of native and invasive, manipulation; changes in land use, Tennessee. This unit is located nonnative plants. including residential or commercial

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construction, which could cause including residential or commercial including residential or commercial removal of forest vegetation or soils or construction, which could cause construction, which could cause soil loss due to erosion; and shading or removal of forest vegetation or soils or removal of forest vegetation or soils or competition due to encroachment of soil loss due to erosion; and shading or soil loss due to erosion; and shading or native and invasive, nonnative plants. competition due to encroachment of competition due to encroachment of native and invasive, nonnative plants. native and invasive, nonnative plants. Unit 10: Coleman-Winston Bridge Unit 10 consists of 7.4 ha (18.2 ac) of Unit 12: Funns Branch Unit 14: Camp Pleasant Branch privately owned and Federal lands in Unit 12 consists of 20.8 ha (51.3 ac) Unit 14 consists of 17.4 ha (42.9 ac) Trousdale County, Tennessee. The unit of Federal lands in Jackson County, of privately owned lands in Franklin is located at the southern city limit of Tennessee. This unit is located County, Kentucky. This unit is located the town of Hartsville, on a hillside and approximately 12.1 km (7.5 mi) approximately 8.3 km (5.8 mi) north of bluffs overlooking the Cumberland southwest of the city limits of the town the city limits of Frankfort, on hillsides River. Beginning on the right of Gainesboro, on hillsides and bluffs on near Camp Pleasant Branch, a tributary descending bank approximately 0.5 km the right descending bank of the to Elkhorn Creek. Beginning (0.3 mi) east of SR–141, which bisects Cumberland River. Beginning approximately 0.29 km (0.18 mi) west of the unit where it crosses the approximately 0.4 km (0.2) mi upstream the intersection of Indian Gap Road and Cumberland River at the Coleman- of the mouth of Funns Branch, this unit Camp Pleasant Road, the unit begins in Winston Bridge, this unit parallels the parallels the river in an upstream a hollow north of Indian Gap Road and river in a downstream direction for direction for approximately 1.0 km (0.65 extends to the east and north along approximately 1.1 km (0.7 mi). The land mi) where it crosses a 0.3-km (0.2-mi) hillsides above the right descending within this unit is approximately 55 expanse of open water, and then bank of Camp Pleasant Branch for percent privately owned, and 45 percent continues paralleling the river for a approximately 0.75 km (0.5 mi) to the is owned by the Corps of Engineers. distance of approximately 1.0 km (0.64 intersection of Camp Pleasant Road and The features essential to the mi). All of the land within this unit is Gregory Woods Road. Here the unit conservation of the species in this unit owned by the Corps of Engineers, and crosses Gregory Woods Road and may require special management the open water is not included in the extends north for a distance of considerations or protection to address area of the unit reported above. approximately 0.58 km (0.36 mi), threats related to erosion or prolonged The features essential to the encompassing the hillside to the east of inundation due to water level conservation of the species in this unit the road. manipulation; changes in land use, may require special management The features essential to the including residential or commercial considerations or protection to address conservation of the species in this unit construction, which could cause threats related to erosion or prolonged may require special management removal of forest vegetation or soils or inundation due to water level considerations or protection to address soil loss due to erosion; potential right- manipulation; changes in land use, threats related to changes in land use, of-way construction or maintenance including residential or commercial including residential or commercial using herbicides or mechanized construction, which could cause construction, which could cause equipment along SR–141, which bisects removal of forest vegetation or soils or removal of forest vegetation or soils or the unit; and shading or competition soil loss due to erosion; and shading or soil loss due to erosion; potential right- due to encroachment of native and competition due to encroachment of of-way construction or maintenance invasive, nonnative plants. native and invasive, nonnative plants. using herbicides or mechanized equipment along Indian Gap Road, Unit 11: Cordell Hull Reservoir Unit 13: Wartrace Creek Camp Pleasant Road, or Gregory Woods Unit 11 consists of 12.3 ha (34.2 ac) Unit 13 consists of 37.5 ha (92.6 ac) Road, which are adjacent to the unit; of Federal lands in Smith County, of Federal lands in Jackson County, and shading or competition due to Tennessee. This unit is located Tennessee. This unit is located encroachment of native and invasive, approximately 4.3 km (2.7 mi) north of approximately 7.7 km (4.8 mi) west of nonnative plants. the city limits of the town of Carthage, the city limits of the town of on hillsides and bluffs on the right Gainesboro, on hillsides and bluffs on Unit 15: Kentucky River descending bank of the Cumberland the right descending bank of the This unit consists of 93.1 ha (230.0 ac) River. Beginning approximately 2.0 km Cumberland River. Beginning at the of privately owned and State land in (1.25 mi) upstream of the Cordell Hull mouth of Indian Creek, this unit Franklin County, Kentucky. This unit Dam, this unit parallels the river in an parallels the river in a downstream begins within the northwestern city upstream direction for approximately direction for approximately 1.6 km (1.0 limit of Frankfort, on a hillside that 0.6 km (0.4 mi), where it crosses a 0.3- mi), where it crosses the mouth of parallels U.S.–421 on its east side from km (0.2-mi) expanse of open water, and Wartrace Creek, and then continues approximately 0.21 km (0.13 mi) then continues paralleling the river for paralleling the river for a distance of 2.5 southeast of its junction with Clifty a distance of 1.2 km (0.7 mi). All of the km (1.5 mi). All of the land within this Drive to approximately 0.23 km (0.15 land within this unit is owned by the unit is owned by the Corps of Engineers, mi) northwest of its junction with U.S.– Corps of Engineers, and the open water and areas of open water are not 127. Here the unit follows the is not included in the area of the unit included in the area of the unit reported topography of the hillside as it turns reported above. above. away from the road to the east, leaving The features essential to the The features essential to the the city limits, and then arcs to the conservation of the species in this unit conservation of the species in this unit northeast, before abruptly turning back may require special management may require special management in a westerly direction. From this point, considerations or protection to address considerations or protection to address the hillside and this unit extend in a threats related to erosion or prolonged threats related to erosion or prolonged westerly direction for approximately 0.7 inundation due to water level inundation due to water level km (0.4 mi) and then parallel the manipulation; changes in land use, manipulation; changes in land use, Kentucky River in a downstream

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direction in an arc approximately 5.3 crosses Ninevah Road and follows a mi), where it turns to the southeast, km (3.3 mi) in length on its left hillside that parallels Ninevah Road for paralleling a driveway for 0.05 km (0.03 descending bank, encompassing approximately 1.0 km (0.65 mi) on its mi) before turning to the southwest for hillsides in two hollows that extend west side. approximately 0.03 km (0.02 mi). From from the river to the west. The features essential to the this point the unit boundary turns to the Approximately 90 percent of the land in conservation of the species in this unit southeast for approximately 0.05 km this unit is privately owned, and the may require special management (0.03 mi), returning to the starting point. Commonwealth of Kentucky owns considerations or protection to address The features essential to the approximately 10 percent, which is part threats related to changes in land use, conservation of the species in this unit of a State nature preserve. including residential or commercial may require special management The features essential to the construction, which could cause considerations or protection to address conservation of the species in this unit removal of forest vegetation or soils or threats of shading or competition due to may require special management soil loss due to erosion; potential right- encroachment of native and invasive, considerations or protection to address of-way construction or maintenance nonnative plants. The current threats related to erosion or prolonged using herbicides or mechanized landowner manages encroaching inundation due to water level equipment on Ninevah Road; and vegetation to prevent shading and manipulation; changes in land use, shading or competition due to competition where Short’s bladderpod including residential or commercial encroachment of native and invasive, occurs within the unit. construction, which could cause nonnative plants. removal of forest vegetation or soils or Unit 20: Bonebank Road Unit 18: Boone Creek soil loss due to erosion; potential right- Unit 20 consists of 1.7 ha (4.3 ac) of Unit 18 consists of 5.0 ha (12.4 ac) of of-way construction or maintenance lands in Posey County, Indiana, which privately owned lands in Clark County, using herbicides or mechanized are owned by the Indiana Department of Kentucky. This unit is located equipment along U.S.–421, where it Natural Resources. This unit is located approximately 13.2 km (8.2 mi) parallels the unit; and shading or approximately 13 km (8.1 mi) southwest southwest of the city limits of competition due to encroachment of of the city limits of Mt. Vernon, Winchester, and begins adjacent to native and invasive, nonnative plants. beginning at the intersection of Graddy Grimes Mill Road approximately 0.17 Road and Bonebank Road and Unit 16: Owenton Road km north of the Fayette and Clark paralleling Bonebank Road on its west Unit 16 consists of 2.8 ha (7.0 acres) County line. From here, the unit extends side for a distance 0.73 km (0.45 mi) of privately owned and City of Frankfort on a hillside to the east for a distance north of the intersection. The surface municipal park lands in Franklin of approximately 0.21 km (0.13 mi), geology at this site—Quaternary glacial County, Kentucky. The unit is located where the unit and hillside then parallel outwash—and soils are markedly approximately 0.1 km (0.08 mi) north of a bend in Boone Creek on its left different from other sites on calcareous the city limits of Frankfort on a hill that descending bank for a distance of geology throughout the rest of the is adjacent to and west of U.S.–127 approximately 0.68 km (0.42 mi). species’ range. However, this site (Owenton Road), approximately 0.6 km The features essential to the supports an occurrence that has (0.4 mi) north of the intersection of conservation of the species in this unit numbered in the hundreds to more than U.S.–127 and U.S.–421. The land within may require special management a thousand individuals in the past, and this unit is approximately 46 percent considerations or protection to address the PCE of forest vegetation with canopy privately owned, and 54 percent is threats related to changes in land use, openings (PCE 3) is present at the road owned by the City of Frankfort. including residential or commercial The features essential to the construction, which could cause edge. conservation of the species in this unit removal of forest vegetation or soils or The feature essential to the may require special management soil loss due to erosion; potential right- conservation of the species in this unit considerations or protection to address of-way construction or maintenance may require special management threats related to changes in land use, using herbicides or mechanized considerations or protection to address including residential or commercial equipment on Grimes Road; and threats of shading or competition due to construction, which could cause shading or competition due to encroachment of native and invasive, removal of forest vegetation or soils or encroachment of native and invasive, nonnative plants. soil loss due to erosion; potential right- nonnative plants. Whorled Sunflower of-way construction or maintenance Unit 19: Delaney Ferry Road using herbicides or mechanized We are designating four units as equipment on U.S.–127; and shading or Unit 19 consists of 0.6 ha (1.4 ac) of critical habitat for whorled sunflower. competition due to encroachment of privately owned lands in Woodford The critical habitat areas we describe native and invasive, nonnative plants. County, Kentucky. This unit is located below constitute our current best approximately 7.8 km (4.8 mi) south of assessment of areas that meet the Unit 17: Little Benson Creek the city of Versailles. Beginning definition of critical habitat for whorled Unit 17 consists of 9.4 ha (23.3 ac) of approximately 2.1 km (1.3 mi) east of sunflower. All these units are occupied privately owned lands in Franklin the intersection of Troy Pike and at the time of listing. The four areas we County, Kentucky, located within the Delaney Ferry Road, this unit extends propose as critical habitat are: (1) Mud city limits of Frankfort. Beginning approximately 0.08 km (0.05 mi) Creek, (2) Coosa Valley Prairie, (2) approximately 1.1 km (0.7 mi) south of northeast along Delaney Ferry Road, Prairie Branch, and (4) Pinson. The the intersection of Mills Lane and where the unit boundary turns to the approximate area of each proposed Ninevah Road, this unit lies on a northwest for approximately 0.08 km critical habitat unit is shown in Table 3. hillside on the east side of Ninevah (0.05 mi). From this northeast corner of All of the critical habitat units for this Road and extends to the south for the unit, the boundary extends to the species are located entirely on privately approximately 0.5 km (0.3 mi), where it southwest approximately 0.05 km (0.03 owned land.

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TABLE 3—DESIGNATED CRITICAL HABITAT UNITS FOR WHORLED SUNFLOWER

Critical habitat unit County, state Hectares Acres

1. Mud Creek ...... Cherokee, Alabama ...... 210.6 520.4 2. Coosa Valley Prairie ...... Floyd, Georgia ...... 366.9 906.5 3. Prairie Branch ...... McNairy, Tennessee ...... 6.0 14.9 4. Pinson ...... Madison, Tennessee ...... 40.7 100.5

Total ...... 624.2 1,542.3

We present brief descriptions of all Jefferson Road for approximately 1.4 km approximately 0.6 km (0.5 mi) south of units, and reasons why they meet the (0.9 mi) in a southeasterly direction, the easternmost city limit of Ramer. definition of critical habitat for whorled beginning approximately 1.7 km (1.0 This unit is located along Prairie sunflower, below. mi) east of the Alabama-Georgia State Branch, a tributary to Muddy Creek, line. From the eastern extent on beginning approximately 0.42 km (0.26 Unit 1: Mud Creek Jefferson Road, the unit boundary mi) upstream of the point where it Unit 1 consists of 210.6 ha (520.4 ac) follows an unnamed dirt road south for passes under Mt. Vernon Road and of privately owned lands in Cherokee a distance of approximately 1.5 km (0.9 extending downstream for County, Alabama, located mi), where the boundary turns to the approximately 2.0 km (1.2 mi). Within approximately 11.6 km (7.2 mi) west and south before turning back to this reach, the critical habitat unit forms southeast of the city limits of Cedar the north and again to the west, a buffer extending 15 m (50 ft) upslope Bluff. The unit begins approximately reaching the Alabama–Georgia State from the tops of the banks on both sides 0.06 km (0.04 mi) north of the junction line. Here, the unit follows the State line of Prairie Branch. Sandy loam soils (PCE of CR–164 and CR–29 and extends in a in a northwest direction for 1) are present throughout the unit, as are northerly direction to encompass much approximately 0.8 km (0.5 mi) before small patches of vegetation containing of the drainage area of an unnamed turning east and following an unnamed whorled sunflower and other wet prairie tributary to Mud Creek and to the dirt road in a northeasterly direction for species (PCE 2). northeast to encompass much of the approximately 2.7 km (1.7 mi) and The features essential to the drainage area of a second unnamed reuniting with the northern boundary conservation of the species in this unit tributary to Mud Creek. The easternmost on Jefferson Road. Silt loam and silty may require special management boundary of this unit is adjacent to CR– clay loam soils are present throughout considerations or protection to address 101, from approximately 1.0 km (0.6 mi) the unit, spanning broad uplands, threats of soil disturbance due to to 1.4 km (0.9 mi) north of its junction depressions, and terraces and flood agricultural practices; indiscriminate with CR–164. Silt loam and silty clay plains of headwater streams in the herbicide use or mowing for road or loam soils are present throughout the Coosa River watershed (PCE 1). Prairie railroad right-of-way maintenance; unit, spanning broad uplands, and openings and woodlands with low conversion of remnant prairie habitat to terraces and flood plains of headwater levels of canopy cover (PCE 2) are agricultural uses; and competition from streams in the Coosa River watershed present throughout much of the unit. invasive, nonnative plants. (PCE 1). While Ellis and McCauley (2009, pp. Unit 4: Pinson The features essential to the 1837–1838) found very few viable conservation of the species in this unit achenes and low germination rates at Unit 4 consists of 40.7 ha (100.5 ac) may require special management this site, whorled sunflower has of privately owned land in Madison considerations or protection to address responded favorably to habitat County, Tennessee, and is located threats of soil disturbance due to management efforts by increasing in approximately 4.1 km (2.5 mi) silvicultural site preparation or timber numbers, and there likely are now a northwest of the city limits of harvest; indiscriminate herbicide use or sufficient number of compatible mates Henderson, Tennessee. Beginning mowing for silvicultural purposes or for production of viable achenes (PCE 3) approximately 0.7 km southeast of the road right-of-way maintenance; at this site. junction of U.S.–45 and Bear Creek conversion of remnant prairie habitat to The features essential to the Road, this unit extends approximately agricultural or industrial forestry uses; conservation of the species in this unit 0.08 km (0.05 mi) northeast of U.S.–45, and excessive shading or competition may require special management crossing a railroad track, and then turns from native woody species or invasive, considerations or protection to address in a southeasterly direction, paralleling nonnative plants. threats of soil disturbance due to the track for a distance of approximately 0.5 km (0.3 mi). From this corner, the Unit 2: Coosa Valley Prairie silvicultural site preparation or timber harvest; indiscriminate herbicide use or unit boundary turns southwest for a Unit 2 consists of 366.9 ha (906.5 ac) mowing for silvicultural purposes or distance of approximately 0.79 km (0.49 of privately owned lands in Floyd road right-of-way maintenance; mi), and then turns to the northwest for County, Georgia, located approximately conversion of remnant prairie habitat to a distance of approximately 0.65 km (0.4 4.5 km (2.8 mi) northwest of the city agricultural or industrial forestry uses, mi). From this corner, the unit boundary limits of Cave Spring. This unit and excessive shading or competition turns to the northeast for a distance of corresponds to the boundary of The from native woody species or invasive, approximately 0.63 km (0.39 mi). Silt Nature Conservancy’s conservation nonnative plants. loam soils (PCE 1) are present easement on lands formerly owned by throughout the unit, small patches of The Campbell Group and now owned by Unit 3: Prairie Branch vegetation containing whorled Plum Creek, a site commonly referred to Unit 3 consists of 6.0 ha (14.9 ac) of sunflower and wet prairie species (PCE as the Coosa Valley Prairie. The privately owned land in McNairy 2) are present, and a sufficient number northern boundary of this unit follows County, Tennessee, and is located of compatible mates are present for the

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production of a limited number of or competition from native woody describe below constitute our current viable achenes (PCE 3) (Ellis and species or invasive, nonnative plants. best assessment of areas that meet the McCauley 2009, p. 1838). Much of the land within this unit has definition of critical habitat for fleshy- The features essential to the been converted to agricultural uses, but fruit gladecress. All these units are is included because of the potential for conservation of the species in this unit occupied at the time of listing. The decreasing fragmentation among the may require special management seven areas we are designating as subpopulations that are present in this considerations or protection to address critical habitat are: (1) Bluebird Glades; unit by restoring suitable vegetation (2) Stover Branch Glades; (3) Indian threats of soil disturbance due to within previously converted lands. agricultural practices; indiscriminate Tomb Hollow Glade; (4) Cedar Plains herbicide use or mowing road or Fleshy-Fruit Gladecress South; (5) Cedar Plains North; (6) railroad right-of-way maintenance; We are designating seven units as Massey Glade, and (7) Hillsboro Glade. conversion of remnant prairie habitat to critical habitat for fleshy-fruit The approximate area of each proposed agricultural uses; and excessive shading gladecress. The critical habitat areas we critical habitat unit is shown in Table 4.

TABLE 4—DESIGNATED CRITICAL HABITAT UNITS FOR FLESHY-FRUIT GLADECRESS

Critical habitat unit County Ownership Hectares Acres

1. Bluebird Glades ...... Lawrence ..... Private ...... 0.2 0.5 2. Stover Branch Glades ...... Lawrence ..... Private ...... 3.2 7.8 3. Indian Tomb Hollow Glade ...... Lawrence ..... Federal ...... 0.5 1.1 4. Cedar Plains South ...... Morgan ...... Private ...... 0.04 0.1 5. Cedar Plains North ...... Morgan ...... Private ...... 1.7 4.2 6. Massey Glade ...... Morgan ...... Private ...... 2.75 6.8 7. Hillsboro Glade ...... Lawrence ..... Private ...... 0.04 0.1

Total ...... 8.43 20.6

We present brief descriptions of all The unit contains two subpopulations; a flat limestone outcrop that is heavily units, and reasons why they meet the one subpopulation is located on the buffered by nearly impenetrable tangles definition of critical habitat for fleshy- southwest side of County Road 203 of eastern red cedar and upland swamp fruit gladecress, below. approximately 1.4 km (0.9 mi) south- privet. Well-lighted, open areas (PCE 2), southeast of Alabama State Route 157, with shallow soils and exposed Unit 1: Bluebird Glades and one subpopulation is located along limestone bedrock or gravel that are Unit 1 consists of 0.2 ha (0.5 ac) of the southwest side of State Route 157, dominated by characteristic glade privately owned land located in approximately 1.6 to 2.1 km (1 to 1.3 vegetation (PCE 1), are present within southeast Lawrence County, Alabama. mi) southeast of State Route 36, in the unit. The U.S. Forest Service The unit contains two subpopulations Speake, Alabama. These subpopulations provides management to control and is located along Alabama State are located within a pasture and are encroachment of invasive species (PCE Route 157 approximately 3.5 km (2.2 actively maintained by livestock 3). mi) southeast of the intersections of grazing. Well-lighted, open areas (PCE The features essential to the State Routes 36 and 157, approximately 2), with shallow soils and exposed conservation of the species in this unit 3.7 km (2.3 mi) southwest of Danville, limestone bedrock or gravel that are may require special management Alabama. These plants are located dominated by characteristic glade considerations or protection to address within a highly disturbed, limestone vegetation (PCE 1), are present within threats of the invasion of exotic species glade within a former mobile home site. the unit. into open glade and damage from Well-lighted, open areas (PCE 2), with The features essential to the vehicles. Moderate encroachment of shallow soils and exposed limestone conservation of the species in this unit exotic species, most notably Chinese bedrock or gravel that are dominated by may require special management privet and Japanese honeysuckle, characteristic glade vegetation (PCE 1), considerations or protection to address threatens this site along the glade are present within the unit. threats of invasive species into open periphery (Schotz 2009, pp. 18–19). The features essential to the glades and incompatible livestock This site also shows minimal incidence conservation of the species in this unit grazing. Invasive species encroachment of trash disposal and damage from may require special management and continuous livestock grazing during recreational vehicles. considerations or protection to address the plant’s reproductive cycle constitute Unit 4: Cedar Plains South threats of the invasion of exotic species ongoing threats to this site (Schotz 2009, into open glades and possible changes pp. 15–16). Unit 4 consists of 0.04 ha (0.1 ac) of in land use, including road widening or privately owned land located in Morgan Unit 3: Indian Tomb Hollow Glade development. Due to human-caused County, Alabama. This unit is located disturbances, exotic species, most Unit 3 consists of 0.5 ha (1.1 ac) of on Cedar Plains Road, 1.2 km (0.75 mi) notably Chinese privet and Japanese federally owned land located within the south of County Road 55 and honeysuckle, threaten this site (Schotz Bankhead National Forest in Lawrence approximately 8 km (5 mi) west of the 2009, pp. 13–14). County, Alabama. The unit is located on junction of U.S. Highway 31 and County the west and northwest side of County Road 55 in Falkville. This population Unit 2: Stover Branch Glades Road 86 at a point roughly 4.5 km (2.8 represents an excellent landscape Unit 2 consists of 3.2 ha (7.8 ac) of mi) south of State Route 36 near Speake, context but contains the smallest privately owned land located in Alabama. Habitat in this unit consists of number of plants of any of the known southeast Lawrence County, Alabama. a relatively small glade characterized by occurrences. Habitat in this unit

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consists of a well-lighted limestone characteristic glade vegetation (PCE 1), Fish and Wildlife Service, 378 F. 3d glade opening (PCE 2) located within a are present within the unit. 1059 (9th Cir. 2004) and Sierra Club v. limestone forest primarily comprised of The features essential to the U.S. Fish and Wildlife Service, 245 F.3d eastern red cedar and various other conservation of the species in this unit 434 (5th Cir. 2001)), and we do not rely hardwoods. Herbaceous vegetation may require special management on this regulatory definition when characteristic of glade communities is considerations or protection to address analyzing whether an action is likely to present within the well-lighted glade threats of invasive species into open destroy or adversely modify critical (PCE 1), and competition and shading glades and incompatible livestock habitat. Under the provisions of the Act, from native and invasive, nonnative grazing. Invasive species encroachment we determine destruction or adverse plants are currently not a threat to the and continuous livestock grazing during modification on the basis of whether, habitat in this unit (PCE 3). The features the plant’s reproductive cycle constitute with implementation of the proposed essential to the conservation of the ongoing threats to this site (Schotz 2009, Federal action, the affected critical species in this unit may require special pp. 25–26). habitat would continue to serve its management considerations or intended conservation role for the Unit 7. Hillsboro Glade protections to prevent future adverse species. effects due to competition and shading Unit 7 consists of 0.04 ha (0.1 ac) of If a Federal action may affect a listed caused by encroachment of native and privately owned land in Lawrence species or its critical habitat, the invasive, nonnative plants. County, Alabama. This unit is currently responsible Federal agency (action occupied and is located within a Unit 5: Cedar Plains North agency) must enter into consultation powerline right-of-way approximately with us. Examples of actions that are Unit 5 consists of 1.7 ha (4.2 ac) of 400 feet south of the intersection of subject to the section 7 consultation privately owned land located in Morgan County Roads 217 and 222, near process are actions on State, tribal, County, Alabama. This unit is located Hillsboro. Habitat in this unit consists of local, or private lands that require a on Cedar Plains Road, from 0.6 to 1 km a relatively small limestone glade Federal permit (such as a permit from (0.4 to 0.6 mi) north of County Road 55, outcrop within a powerline right-of-way the U.S. Army Corps of Engineers under approximately 8 km (5 mi) west of the that is bordered by a forested area. Well- section 404 of the Clean Water Act (33 junction of U.S. Highway 31 and County illuminated, open areas (Primary U.S.C. 1251 et seq.) or a permit from the Road 55 in Falkville. These populations Constituent Element (PCE 2), with Service under section 10 of the Act) or are located within a pasture and are shallow soils and exposed limestone that involve some other Federal action actively maintained by livestock bedrock that are dominated by (such as funding from the Federal grazing. Well-lighted, open areas (PCE characteristic glade vegetation (PCE 1), Highway Administration, Federal 2), with shallow soils and exposed are present within the unit. Aviation Administration, or the Federal limestone bedrock or gravel that are The features essential to the Emergency Management Agency). dominated by characteristic glade conservation of the species in this unit Federal actions not affecting listed vegetation (PCE 1), are present within may require special management species or critical habitat, and actions the unit. This glade complex, although considerations or protection to address on State, tribal, local, or private lands subjected to ongoing agricultural threats of the invasion of exotic species that are not federally funded or interests, represents the greatest into open glades, indiscriminate authorized, do not require section 7 concentration of plants currently known herbicide use or mowing for electrical consultation. for the species. transmission line right-of-way As a result of section 7 consultation, The features essential to the maintenance, and possible changes in conservation of the species in this unit we document compliance with the land use, including agriculture or requirements of section 7(a)(2) through may require special management development. considerations or protection to address our issuance of: threats of invasive species into open Effects of Critical Habitat Designation (1) A concurrence letter for Federal actions that may affect, but are not glades and incompatible livestock Section 7 Consultation grazing. Invasive species encroachment likely to adversely affect, listed species and continuous livestock grazing during Section 7(a)(2) of the Act requires or critical habitat; or the plant’s reproductive cycle constitute Federal agencies, including the Service, (2) A biological opinion for Federal ongoing threats to this site (Schotz 2009, to ensure that any action they fund, actions that may affect and are likely to pp. 23–24). authorize, or carry out is not likely to adversely affect listed species or critical jeopardize the continued existence of habitat. Unit 6: Massey Glade any endangered species or threatened When we issue a biological opinion Unit 6 consists of 2.75 ha (6.8 ac) of species or result in the destruction or concluding that a project is likely to privately owned land located in Morgan adverse modification of designated jeopardize the continued existence of a County, Alabama. This unit is located critical habitat of such species. In listed species and/or destroy or on County Road 55, 0.3 to 0.6 km (0.2 addition, section 7(a)(4) of the Act adversely modify critical habitat, we to 0.4 mi) west of Cedar Plains Road, requires Federal agencies to confer with provide reasonable and prudent approximately 8.3 km (5.2 mi) west of the Service on any agency action which alternatives to the project, if any are the junction of U.S. Highway 31 and is likely to jeopardize the continued identifiable, that would avoid the County Road 55 in Falkville. This existence of any species proposed to be likelihood of jeopardy and/or population is located within a highly listed under the Act or result in the destruction or adverse modification of disturbed complex of limestone destruction or adverse modification of critical habitat. We define ‘‘reasonable pavement barrens scattered in an proposed critical habitat. and prudent alternatives’’ (at 50 CFR actively utilized pasture and within the Decisions by the 5th and 9th Circuit 402.02) as alternative actions identified yards and fields of nearby homes. Well- Courts of Appeals have invalidated our during consultation that: lighted, open areas (PCE 2), with regulatory definition of ‘‘destruction or (1) Can be implemented in a manner shallow soils and exposed limestone adverse modification’’ (50 CFR 402.02) consistent with the intended purpose of bedrock or gravel that are dominated by (see Gifford Pinchot Task Force v. U.S. the action,

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(2) Can be implemented consistent result in consultation for the Short’s removes forest canopy; mechanical or with the scope of the Federal agency’s bladderpod, whorled sunflower, or chemical vegetation management for legal authority and jurisdiction, fleshy-fruit gladecress. These activities transportation right-of-way (3) Are economically and include, but are not limited to: maintenance; and introduction of technologically feasible, and invasive, nonnative herbaceous and Short’s bladderpod (4) Would, in the Director’s opinion, woody plants. Timber harvest that avoid the likelihood of jeopardizing the (1) Actions that would remove, severely reduces or completely removes continued existence of the listed species severely alter, or inundate portions of forest canopy cover would promote and/or avoid the likelihood of bedrock formations or outcrops of forest regeneration characterized by destroying or adversely modifying calcareous limestones and interbedded high stem densities and lack of a diverse critical habitat. shales or siltstones (geologic substrates). age structure, which could cause Reasonable and prudent alternatives Actions that could remove or severely excessive shading. Mechanical or can vary from slight project alter geologic substrates include, but are chemical vegetation management for modifications to extensive redesign or not limited to, construction of bridges, transportation right-of-way maintenance relocation of the project. Costs buildings, quarries, roads, railroad potentially could be beneficial for associated with implementing a tracks, or interstate pipelines and Short’s bladderpod if well-planned and reasonable and prudent alternative are associated structures. These actions carefully executed. However, similarly variable. could directly remove or result in indiscriminate use of chemical or Regulations at 50 CFR 402.16 require alteration of geologic substrates due to mechanical methods for vegetation Federal agencies to reinitiate blasting with explosive charges and control could cause complete removal of consultation on previously reviewed removal or disturbance by heavy the forest canopy, which would promote actions in instances where we have machinery. Construction of new dams regeneration characterized by high stem listed a new species or subsequently or raising elevations of existing dams densities and lack of a diverse age designated critical habitat that may be downstream of a critical habitat unit structure, potentially leading to affected and the Federal agency has could inundate geologic substrates. excessive shading. Introducing invasive, retained discretionary involvement or (2) Actions that would remove, nonnative herbaceous and woody plants control over the action (or the agency’s severely alter, or increase erosion of could lead to excessive shading and discretionary involvement or control is soils. Such activities could include competition. Such species include, but authorized by law). Consequently, construction of bridges, buildings, are not limited to Lonicera maackii Federal agencies sometimes may need to quarries, roads, railroad tracks, or (bush honeysuckle), L. japonica request reinitiation of consultation with interstate pipelines and associated (Japanese honeysuckle), Ailanthus us on actions for which formal structures; maintenance of altissima (tree-of-heaven), Ligustrum consultation has been completed, if transportation rights-of-way; removal of vulgare and L. sinense (privet), those actions with discretionary woody vegetation; and reservoir Lespedeza cuneata (sericea lespedeza), involvement or control may affect management. Construction activities and Lespedeza bicolor (bicolor subsequently listed species or could directly remove soils during the lespedeza). The effects of the activities designated critical habitat. course of grading and site preparation. described above would eventually Establishing a quarry would involve prevent Short’s bladderpod from Application of the ‘‘Adverse removal of the overburden, including Modification’’ Standard receiving adequate light for growth and soils, prior to excavating the geologic reproduction. The key factor related to the adverse substrate for a quarry. Transportation modification determination is whether, right-of-way maintenance that involved Whorled Sunflower with implementation of the proposed grading or use of heavy equipment to (1) Actions that would remove, Federal action, the affected critical remove vegetation could cause removal, severely alter, or increase erosion of habitat would continue to serve its alteration, or erosion of soils. Removal soils. Such activities could include intended conservation role for the of woody vegetation, if done clearing, disking, plowing, and species. Activities that may destroy or excessively, could result in soil erosion harvesting of row crop fields; site adversely modify critical habitat are on the steeply sloped sites in most preparation, operation of heavy those that alter the physical or critical habitat units. Reservoir equipment, and construction and biological features to an extent that management that caused frequent maintenance of log landings, loading appreciably reduces the conservation changes in reservoir stage could lead to decks, skid trails, and haul roads for value of critical habitat for Short’s soil erosion, especially at lower silvicultural activities; and maintenance bladderpod, whorled sunflower, or elevations of hillside and bluff habitats. of transportation rights-of-way. These fleshy-fruit gladecress. As discussed Removal or erosion of soils could lead activities could result in the removal of above, the role of critical habitat is to to the loss or reduction of seed banks soils, which would remove any whorled support life-history needs of the species formed by Short’s bladderpod. Soil sunflower plants, rhizomes, or seeds and provide for the conservation of the alteration due to grading or other present in the soil. These activities also species. disturbance could cause soils to be could cause soil compaction, which Section 4(b)(8) of the Act requires us overturned, resulting in burial of seed could limit root and rhizome to briefly evaluate and describe, in any banks formed by Short’s bladderpod. development or reduce water proposed or final regulation that (3) Actions that would result in infiltration, or lead to increased soil designates critical habitat, activities removal of forest communities, promote erosion and loss of organic matter and involving a Federal action that may development of woody vegetation with nutrients. destroy or adversely modify such high stocking densities that cause (2) Actions that would promote habitat, or that may be affected by such excessive shading and a lack of forest encroachment of woody species into old designation. gaps, or introduce invasive, nonnative fields, prairie remnants, or woodlands Activities that may affect critical plants into critical habitat. Such with herbaceous vegetation that is habitat, when carried out, funded, or activities could include timber harvest characteristic of moist prairie remnants. authorized by a Federal agency, should that severely reduces or completely Such activities could include the

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planting of forest stands with high stem suitability of a location to a point that benefits of such exclusion outweigh the densities; planting forested stream it no longer provides the environment benefits of specifying such area as part buffers; or neglecting to conduct necessary to sustain the species. In the of the critical habitat, unless he periodic mechanical disturbance, case of some types of herbicide determines, based on the best scientific herbicide application, or prescribed applications, the habitat may become data available, that the failure to burning. Planting forest stands with unsuitable for germination and designate such area as critical habitat high stem densities or planting forested successful growth of seedlings. These will result in the extinction of the stream buffers would eventually lead to activities would permanently alter the species. In making that determination, development of a canopy that would habitat that fleshy-fruit gladecress is the statute on its face, as well as the prevent whorled sunflower from dependent on to complete its life cycle. legislative history, are clear that the receiving adequate light for growth and (2) Actions that would significantly Secretary has broad discretion regarding reproduction. Neglecting to conduct alter natural flora, including activities which factor(s) to use and how much periodic management in suitable such as digging, disking, blading or weight to give to any factor. habitat, such as mechanical disturbance, construction work; introduction of Under section 4(b)(2) of the Act, we careful herbicide application, or nonnative species for erosion control may exclude an area from designated prescribed burning, would lead to along rights-of-way or in other areas; critical habitat based on economic encroachment by shrubs or trees that indiscriminate mechanical or chemical impacts, impacts on national security, would eventually prevent whorled vegetation management for right-of-way or any other relevant impacts. In sunflower from receiving adequate light maintenance; and a lack of management considering whether to exclude a for growth and reproduction. of nonnative or native woody species. particular area from the designation, we (3) Actions that cause mortality of Mechanical or chemical vegetation identify the benefits of including the whorled sunflower plants or that management for right-of-way area in the designation, identify the disrupt growth and prevent individuals maintenance potentially could be benefits of excluding the area from the from producing flowers. Such activities beneficial for fleshy-fruit gladecress if designation, and evaluate whether the could include indiscriminate herbicide well-planned and carefully executed. benefits of exclusion outweigh the application or mowing for However, indiscriminate use of benefits of inclusion. transportation right-of-way chemical or mechanical methods for Consideration of Economic Impacts maintenance, agriculture, or vegetation control could alter the Under section 4(b)(2) of the Act, we silviculture, or actions described above composition and structure of consider the economic impacts of that cause removal of soils and plant characteristic glade vegetation specifying any particular area as critical parts they contain. Herbicide communities by causing mortality, habitat. In order to consider economic application or removal of soil and any disrupting reproductive cycles, or impacts, we prepared an incremental plant parts contained therein could preventing seedling establishment of effects memorandum (IEM), which result in direct mortality of individual fleshy-fruit gladecress and associated together with our narrative and whorled sunflower plants. Poorly timed native species. mowing could disrupt growth and interpretation of effects constitute our prevent flower production. Either of Exemptions draft economic analysis (DEA) of the proposed critical habitat designation these activities could permanently or Application of Section 4(a)(3) of the Act temporarily reduce the number of and related factors (IEc 2014a). The compatible mates within a population, Section 4(a)(3)(B)(i) of the Act (16 DEA, dated February 14, 2014, was reducing the potential for viable achene U.S.C. 1533(a)(3)(B)(i)) provides that: made available for public review from production to occur. ‘‘The Secretary shall not designate as May 29, 2014, through June 30, 2014 (79 critical habitat any lands or other FR 30792). Following the close of the Fleshy-Fruit Gladecress geographic areas owned or controlled by comment period, we reviewed and (1) Actions that would remove, the Department of Defense, or evaluated all information submitted severely alter, or significantly reduce designated for its use, that are subject to during the comment period that may limestone outcrops. Such activities an integrated natural resources pertain to our consideration of the could include, but are not limited to, management plan [INRMP] prepared probable incremental economic impacts construction of interstate pipelines and under section 101 of the Sikes Act (16 of these critical habitat designations and associated structures that are regulated U.S.C. 670a), if the Secretary determines incorporated this information into a by the Federal Energy Regulatory in writing that such plan provides a final economic analysis (FEA) (IEc Commission; U.S. Army Corps of benefit to the species for which critical 2014b). Additional information relevant Engineers-issued Clean Water Act habitat is proposed for designation.’’ to the probable incremental economic section 404 and River and Harbors Act There are no Department of Defense impacts of critical habitat designation section 10 permits for wetland crossings lands with a completed INRMP within for Short’s bladderpod, whorled for linear projects (pipelines, the critical habitat designation. sunflower, and fleshy-fruit gladecress is transmission lines, and roads); road summarized below and available in the development (expansions and Consideration of Impacts Under Section FEA available at http:// improvements) funded by the Federal 4(b)(2)of the Act www.regulations.gov. Highway Administration; and U.S. Section 4(b)(2) of the Act states that The FEA addresses how probable Department of Agriculture funding and the Secretary shall designate and make economic impacts are likely to be technical assistance for conversion of revisions to critical habitat on the basis distributed, including an assessment of glades and surroundings to pine of the best available scientific data after any local or regional impacts of habitat plantations or for brush control taking into consideration the economic conservation and the potential effects of programs involving herbicide impact, national security impact, and conservation activities on government applications. These actions could any other relevant impact of specifying agencies, private businesses, and directly eliminate a site or alter the any particular area as critical habitat. individuals. Decisionmakers can use hydrology, open sunny aspect, and The Secretary may exclude an area from this information to evaluate whether the substrate conditions, reducing critical habitat if he determines that the effects of the designation might unduly

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burden a particular group, area, or Exclusions Based on Other Relevant Regulatory Flexibility Act (5 U.S.C. 601 economic sector. The FEA assesses the Impacts et seq.) economic impacts of Short’s Under the Regulatory Flexibility Act bladderpod, whorled sunflower, and Under section 4(b)(2) of the Act, we consider any other relevant impacts, in (RFA; 5 U.S.C. 601 et seq.), as amended fleshy-fruit gladecress conservation by the Small Business Regulatory addition to economic impacts and efforts associated with the following Enforcement Fairness Act (SBREFA) of impacts on national security. We categories of activity: Utilities projects, 1996 (5 U.S.C. 801 et seq.), whenever an consider a number of factors, including recreation, conservation projects, agency must publish a notice of whether the landowners have developed transportation activities, agricultural rulemaking for any proposed or final any HCPs or other management plans activities, and residential and rule, it must prepare and make available commercial development. for the area, or whether there are for public comment a regulatory In general, because all of the critical conservation partnerships that would be flexibility analysis that describes the habitat units are occupied by one of the encouraged by designation of, or effects of the rule on small entities three species, the Service believes that, exclusion from, critical habitat. In (small businesses, small organizations, in most circumstances, there will be no addition, we look at any tribal issues and small government jurisdictions). conservation efforts needed to prevent and consider the government-to- However, no regulatory flexibility adverse modification of critical habitat government relationship of the United analysis is required if the head of an beyond those that would be required to States with tribal entities. We also agency certifies the rule will not have a prevent jeopardy to the species. Any consider any social impacts that might significant economic impact on a incremental costs of the critical habitat occur because of the designation. substantial number of small entities. designation will predominantly be In preparing this final rule, we have The SBREFA amended the RFA to administrative in nature and would not determined that there are currently no require Federal agencies to provide a be significant. The designation of HCPs or other management plans for certification statement of the factual critical habitat is not likely to result in Short’s bladderpod, whorled sunflower, basis for certifying that the rule will not an increase of consultations, but rather nor fleshy-fruit gladecress, and the final have a significant economic impact on only the additional administrative effort designation does not include any tribal a substantial number of small entities. required for each consultation to lands or trust resources. We anticipate In this final rule, we are certifying that address the effects of each proposed no impact on tribal lands, partnerships, the critical habitat designations for agency action on critical habitat. or HCPs from this critical habitat Short’s bladderpod, whorled sunflower, Our FEA did not identify any designation. Accordingly, the Secretary and fleshy-fruit gladecress will not have disproportionate costs that are likely to is not exercising her discretion to a significant economic impact on a result from the designation. exclude any areas from this final substantial number of small entities. Consequently, the Secretary is not designation based on other relevant The following discussion explains our exerting her discretion to exclude any impacts. rationale. areas from this designation of critical According to the Small Business habitat for Short’s bladderpod, whorled Required Determinations Administration, small entities include small organizations, such as sunflower, or fleshy-fruit gladecress Regulatory Planning and Review based on economic impacts. independent nonprofit organizations; (Executive Orders 12866 and 13563) small governmental jurisdictions, A copy of the IEM and FEA with including school boards and city and supporting documents may be obtained Executive Order 12866 provides that the Office of Information and Regulatory town governments that serve fewer than by contacting the Tennessee Ecological 50,000 residents; as well as small Services Field Office (see ADDRESSES) or Affairs (OIRA) will review all significant rules. The Office of Information and businesses. Small businesses include by downloading from the Internet at manufacturing and mining concerns http://www.regulations.gov. Regulatory Affairs has determined that this rule is not significant. with fewer than 500 employees, Exclusions Based on National Security wholesale trade entities with fewer than Executive Order 13563 reaffirms the Impacts or Homeland Security Impacts 100 employees, retail and service principles of E.O. 12866 while calling businesses with less than $5 million in Under section 4(b)(2) of the Act, we for improvements in the nation’s annual sales, general and heavy consider whether there are lands owned regulatory system to promote construction businesses with less than or managed by the Department of predictability, to reduce uncertainty, $27.5 million in annual business, Defense where a national security and to use the best, most innovative, special trade contractors doing less than impact might exist. We have determined and least burdensome tools for $11.5 million in annual business, and that no lands within the designated achieving regulatory ends. The agricultural businesses with annual critical habitat for the whorled executive order directs agencies to sales less than $750,000. To determine sunflower and fleshy-fruit gladecress are consider regulatory approaches that if potential economic impacts on these owned or managed by the Department of reduce burdens and maintain flexibility small entities are significant, we Defense. The Department of Defense and freedom of choice for the public consider the types of activities that owns or manages land, adjacent to where these approaches are relevant, might trigger regulatory impacts under Corps of Engineers reservoirs, where feasible, and consistent with regulatory this rule, as well as the types of project critical habitat is proposed for Short’s objectives. E.O. 13563 emphasizes modifications that may result. In bladderpod. However, we anticipate no further that regulations must be based general, the term ‘‘significant economic impact on national security from on the best available science and that impact’’ is meant to apply to a typical designating this land as critical habitat. the rulemaking process must allow for small business firm’s business Consequently, the Secretary is not public participation and an open operations. exerting her discretion to exclude any exchange of ideas. We have developed The Service’s current understanding areas from this final designation based this rule in a manner consistent with of the requirements under the RFA, as on impacts on national security. these requirements. amended, and following recent court

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decisions, is that Federal agencies are Unfunded Mandates Reform Act (2 critical habitat rests squarely on the required to evaluate the potential U.S.C. 1501 et seq.) Federal agency. Furthermore, to the incremental impacts of rulemaking only In accordance with the Unfunded extent that non-Federal entities are on those entities directly regulated by Mandates Reform Act (2 U.S.C. 1501 et indirectly impacted because they the rulemaking itself, and, therefore, not seq.), we make the following findings: receive Federal assistance or participate required to evaluate the potential (1) This rule will not produce a in a voluntary Federal aid program, the impacts to indirectly regulated entities. Federal mandate. In general, a Federal Unfunded Mandates Reform Act would The regulatory mechanism through mandate is a provision in legislation, not apply, nor would critical habitat which critical habitat protections are statute, or regulation that would impose shift the costs of the large entitlement realized is section 7 of the Act, which an enforceable duty upon State, local, or programs listed above onto State requires Federal agencies, in tribal governments, or the private sector, governments. (2) We do not believe that this rule consultation with the Service, to ensure and includes both ‘‘Federal will significantly or uniquely affect intergovernmental mandates’’ and that any action authorized, funded, or small governments because it will not ‘‘Federal private sector mandates.’’ carried by the agency is not likely to produce a Federal mandate of $100 These terms are defined in 2 U.S.C. destroy or adversely modify critical million or greater in any year, that is, it 658(5)–(7). ‘‘Federal intergovernmental habitat. Therefore, under section 7 only is not a ‘‘significant regulatory action’’ mandate’’ includes a regulation that Federal action agencies are directly under the Unfunded Mandates Reform ‘‘would impose an enforceable duty subject to the specific regulatory Act. Small governments will be affected upon State, local, or tribal governments’’ requirement (avoiding destruction and only to the extent that any programs with two exceptions. It excludes ‘‘a adverse modification) imposed by having Federal funds, permits, or other condition of Federal assistance.’’ It also critical habitat designation. authorized activities must ensure that Consequently, it is our position that excludes ‘‘a duty arising from their actions will not adversely affect only Federal action agencies will be participation in a voluntary Federal the critical habitat. The FEA concludes directly regulated by this designation. program,’’ unless the regulation ‘‘relates incremental impacts may occur due to to a then-existing Federal program There is no requirement under RFA to administrative costs of section 7 under which $500,000,000 or more is evaluate the potential impacts to entities consultations for activities related to provided annually to State, local, and not directly regulated. Moreover, commercial development, residential tribal governments under entitlement Federal agencies are not small entities. development, utilities projects, authority,’’ if the provision would recreational development, conservation Therefore, because no small entities are ‘‘increase the stringency of conditions of directly regulated by this rulemaking, projects, transportation activities, assistance’’ or ‘‘place caps upon, or agricultural activities, and associated the Service certifies that this final otherwise decrease, the Federal critical habitat designation will not have actions; however, these are not expected Government’s responsibility to provide to significantly affect small government a significant economic impact on a funding,’’ and the State, local, or tribal substantial number of small entities and entities. Consequently, a Small governments ‘‘lack authority’’ to adjust Government Agency Plan is not a regulatory flexibility analysis is not accordingly. At the time of enactment, required. required. these entitlement programs were: Takings—Executive Order 12630 Energy Supply, Distribution, or Use— Medicaid; Aid to Families with Executive Order 13211 Dependent Children work programs; In accordance with Executive Order Child Nutrition; Food Stamps; Social 12630 (‘‘Government Actions and Executive Order 13211 (Actions Services Block Grants; Vocational Interference with Constitutionally Concerning Regulations That Rehabilitation State Grants; Foster Care, Protected Private Property Rights’’), we Significantly Affect Energy Supply, Adoption Assistance, and Independent have analyzed the potential takings Distribution, or Use) requires agencies Living; Family Support Welfare implications of designating critical to prepare Statements of Energy Effects Services; and Child Support habitat for Short’s bladderpod, whorled when undertaking certain actions. OMB Enforcement. ‘‘Federal private sector sunflower, and fleshy-fruit gladecress in has provided guidance for mandate’’ includes a regulation that a takings implications assessment. As implementing this Executive Order that ‘‘would impose an enforceable duty discussed above, the designation of outlines nine outcomes that may upon the private sector, except (i) a critical habitat affects only Federal constitute ‘‘a significant adverse effect’’ condition of Federal assistance or (ii) a actions. Although private entities that when compared to not taking the duty arising from participation in a receive Federal funding, assistance, or regulatory action under consideration. voluntary Federal program.’’ require approval or authorization from a The designation of critical habitat Federal agency for an action may be The economic analysis finds that does not impose a legally binding duty indirectly impacted by the designation none of these criteria are relevant to this on non-Federal Government entities or of critical habitat, the legally binding analysis. Thus, based on information in private parties. Under the Act, the only duty to avoid destruction or adverse the economic analysis, energy-related regulatory effect is that Federal agencies modification of critical habitat rests impacts associated with Short’s must ensure that their actions do not squarely on the Federal agency. The bladderpod, whorled sunflower, and destroy or adversely modify critical DEA found that no significant economic fleshy-fruit gladecress conservation habitat under section 7. While non- impacts are likely to result from the activities within critical habitat are not Federal entities that receive Federal designation of critical habitat for Short’s expected. As such, the designation of funding, assistance, or permits, or that bladderpod, whorled sunflower, and critical habitat is not expected to otherwise require approval or fleshy-fruit gladecress. Because the significantly affect energy supplies, authorization from a Federal agency for Act’s critical habitat protection distribution, or use. Therefore, this an action, may be indirectly impacted requirements apply only to Federal action is not a significant energy action, by the designation of critical habitat, the agency actions, few conflicts between and no Statement of Energy Effects is legally binding duty to avoid critical habitat and private property required. destruction or adverse modification of rights should result from this

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designation. Based on the best available critical habitat rests squarely on the Governments), and the Department of information, the takings implications Federal agency. the Interior’s manual at 512 DM 2, we assessment concludes that this readily acknowledge our responsibility Civil Justice Reform—Executive Order designation of critical habitat for Short’s to communicate meaningfully with 12988 bladderpod, whorled sunflower, and recognized Federal Tribes on a fleshy-fruit gladecress does not pose In accordance with Executive Order government-to-government basis. In significant takings implications. 12988 (Civil Justice Reform), the Office accordance with Secretarial Order 3206 of the Solicitor has determined that the Federalism—Executive Order 13132 of June 5, 1997 (American Indian Tribal rule does not unduly burden the judicial Rights, Federal-Tribal Trust In accordance with E.O. 13132 system and that it meets the applicable Responsibilities, and the Endangered (Federalism), this rule does not have standards set forth in sections 3(a) and Species Act), we readily acknowledge significant Federalism effects. A 3(b)(2) of the Order. We are designating our responsibilities to work directly federalism summary impact statement is critical habitat in accordance with the with tribes in developing programs for not required. In keeping with provisions of the Act. To assist the healthy ecosystems, to acknowledge that Department of the Interior and public in understanding the habitat tribal lands are not subject to the same Department of Commerce policy, we needs of the species, the rule identifies controls as Federal public lands, to requested information from, and the elements of physical or biological remain sensitive to Indian culture, and coordinated development of this critical features essential to the conservation of to make information available to tribes. habitat designation with, appropriate Short’s bladderpod, whorled sunflower, As discussed above (see Exclusions), we State resource agencies in Alabama, and fleshy-fruit gladecress. The are not designating critical habitat for Georgia, Indiana, Kentucky, and designated areas of critical habitat are the Short’s bladderpod, whorled Tennessee. We received comments from presented on maps, and the rule sunflower, or fleshy-fruit gladecress on the Kentucky State Nature Preserves provides several options for the tribal lands. Commission and Tennessee Department interested public to obtain more of Environment and Conservation and detailed location information, if desired. References Cited have addressed them in the Summary of A complete list of all references cited Paperwork Reduction Act of 1995 (44 Comments and Recommendations is available on the Internet at http:// U.S.C. 3501 et seq.) section of the rule. From a federalism www.regulations.gov and upon request perspective, the designation of critical This rule does not contain any new from the Tennessee Ecological Services habitat directly affects only the collections of information that require Field Office (see FOR FURTHER responsibilities of Federal agencies. The approval by OMB under the Paperwork INFORMATION CONTACT). Act imposes no other duties with Reduction Act of 1995 (44 U.S.C. 3501 respect to critical habitat, either for et seq.). This rule will not impose Authors States and local governments, or for recordkeeping or reporting requirements The primary authors of this anyone else. As a result, the rule does on State or local governments, rulemaking are the staff members of the not have substantial direct effects either individuals, businesses, or Tennessee and Alabama Ecological on the States, or on the relationship organizations. An agency may not Services Field Offices. between the national government and conduct or sponsor, and a person is not List of Subjects in 50 CFR Part 17 the States, or on the distribution of required to respond to, a collection of powers and responsibilities among the information unless it displays a Endangered and threatened species, various levels of government. The currently valid OMB control number. Exports, Imports, Reporting and designation may have some benefit to recordkeeping requirements, these governments because the areas National Environmental Policy Act (42 Transportation. that contain the features essential to the U.S.C. 4321 et seq.) conservation of the species are more It is our position that, outside the Regulation Promulgation clearly defined, and the physical and jurisdiction of the U.S. Court of Appeals Accordingly, we amend part 17, biological features of the habitat for the Tenth Circuit, we do not need to subchapter B of chapter I, title 50 of the necessary to the conservation of the prepare environmental analyses Code of Federal Regulations, as set forth species are specifically identified. This pursuant to the National Environmental below: information does not alter where and Policy Act in connection with what federally sponsored activities may designating critical habitat under the PART 17—ENDANGERED AND occur. However, it may assist these local Act. We published a notice outlining THREATENED WILDLIFE AND PLANTS governments in long-range planning our reasons for this determination in the ■ 1. The authority citation for part 17 (because these local governments no Federal Register on October 25, 1983 continues to read as follows: longer have to wait for case-by-case (48 FR 49244). This position was upheld section 7 consultations to occur). by the U.S. Court of Appeals for the Authority: 16 U.S.C. 1361–1407; 1531– Where State and local governments Ninth Circuit (Douglas County v. 1544; and 4201–4245; unless otherwise noted. require approval or authorization from a Babbitt, 48 F.3d 1495 (9th Cir. 1995), Federal agency for actions that may cert. denied 516 U.S. 1042 (1996)). ■ 2. Amend § 17.96(a) as follows: affect critical habitat, consultation ■ a. By adding an entry in alphabetical Government-to-Government under section 7(a)(2) would be required. order under Family Asteraceae for Relationship With Tribes While non-Federal entities that receive ‘‘Helianthus verticillatus (whorled Federal funding, assistance, or permits, In accordance with the President’s sunflower)’’; and or that otherwise require approval or memorandum of April 29, 1994 ■ b. By adding entries in alphabetical authorization from a Federal agency for (Government-to-Government Relations order under Family Brassicaceae for an action, may be indirectly impacted with Native American Tribal ‘‘Leavenworthia crassa (fleshy-fruit by the designation of critical habitat, the Governments; 59 FR 22951), Executive gladecress)’’ and ‘‘Physaria globosa legally binding duty to avoid Order 13175 (Consultation and (Short’s bladderpod)’’. destruction or adverse modification of Coordination With Indian Tribal The additions read as follows:

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§ 17.96 Critical habitat—plants. (ii) Sites in which forest canopy is photography supplied by the Harris (a) Flowering plants. absent, or where woody vegetation is Corporation, Earthstar Geographics LLC, * * * * * present at sufficiently low densities to and the Microsoft Corporation. Critical provide full or partial sunlight to habitat units were then mapped using Family Asteraceae: Helianthus whorled sunflower plants for most of the USA Contiguous Albers Equal Area verticillatus (whorled sunflower) the day, and which support vegetation Projection with a NAD 83 datum. The (1) Critical habitat units are depicted characteristic of moist prairie maps in this entry, as modified by any for Cherokee County, Alabama; Floyd communities. Invasive, nonnative plants accompanying regulatory text, establish County, Georgia; and Madison and must be absent or present in sufficiently the boundaries of the critical habitat McNairy Counties, Tennessee, on the low numbers to not inhibit growth or designation. The coordinates or plot maps below. reproduction of whorled sunflower. points or both on which each map is (2) Within these areas, the primary (iii) Occupied sites in which a constituent elements of the physical or sufficient number of compatible mates based are available to the public at the biological features essential to the are present for outcrossing and Service’s Internet site at http:// conservation of whorled sunflower production of viable achenes to occur. www.fws.gov/cookeville, at http:// consist of three components: (3) Critical habitat does not include www.regulations.gov at Docket No. (i) Silt loam, silty clay loam, or fine manmade structures (such as buildings, FWS–R4–ES–2013–0086, and at the sandy loam soils on land forms aqueducts, runways, roads, and other field office responsible for this including broad uplands, depressions, paved areas) and the land on which they designation. You may obtain field office stream terraces, and floodplains within are located existing within the legal location information by contacting one the headwaters of the Coosa River in boundaries on September 25, 2014. of the Service regional offices, the Alabama and Georgia and the East Fork (4) Critical habitat map units. Data addresses of which are listed at 50 CFR Forked Deer and Tuscumbia rivers in layers defining map units were created 2.2. Tennessee. on a base of Bing Maps digital aerial

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(5) Index map follows: Tennessee s w{j)E and Georgia Miles. 100 Al.abama, in ~mel:efS I 100 Sunflower Madison lincoln I / 50 MOfgan Cullman Whorled Giles I I limestone AlAB~MA I ~ TENN~SSEE 50 I ~ } the 25 I for I lawrence 25 \Mnston -~··~,.-- I I I I I 0 0 lauderdale Locations !din Colbert Fran I I Marion Habitat 1 1 Hardin ! Tishomi~ 1 I Critical ...... i of " Prentiss Plcorn lee Map Madison Pontotoc/ Index

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(6) Unit 1: Mud Creek, Cherokee County, Alabama. Map of Unit 1 follows: J Map~_,!..(~ Location Mil&s 't Habitat ~meters 1 Critical 0.5 0.5 I I I I Sunflower I 0 0 Whorled Habitat Creek, Critical Mud 1: ~ Unit

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(7) Unit 2: Coosa Valley Prairie, Floyd County, Georgia. Map of Unit 2 follows: j ~0'6'* -'2 ~~ -I.e COUNTY FLOYD Habitat Miles Critical 1 SW 11

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(8) Unit 3: Prairie Branch, McNairy County, Tennessee. Map of Unit 3 follows: .1 Maplocaron ~ Habitat Miles 1 Critical I '!ll

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(9) Unit 4: Pinson, Madison County, Tennessee. Map of Unit 4 follows: .1 River Road Deer Forked Fork location Map South ~ Mjes 1 Habitat Kilometers I 1 I I 0.5 I I Critical I 0.5 I I I I I 0 0 Sunflower Habitat Whorled Critical Pinson, 4: Beat ®@, Unit

* * * * * (2) Within these areas, the primary vegetation characteristic of glade constituent elements of the physical or communities. Family Brassicaceae: Leavenworthia biological features essential to the crassa (fleshy-fruit gladecress) (ii) Open or well-lighted areas of conservation of fleshy-fruit gladecress exposed limestone bedrock or gravel (1) Critical habitat units are depicted consist of three components: that ensure fleshy-fruit gladecress plants for Lawrence and Morgan Counties, (i) Shallow-soiled, open areas with remain unshaded for a significant Alabama, on the maps below. exposed limestone bedrock or gravel portion of the day. that are dominated by herbaceous

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(iii) Glade habitat that is protected on a base of Bing Maps digital aerial based are available to the public at the from both native and invasive, photography supplied by the Harris Service’s Internet site at http:// nonnative plants to minimize Corporation, Earthstar Geographics LLC, www.fws.gov/cookeville, at http:// competition and shading of fleshy-fruit and the Microsoft Corporation. Critical www.regulations.gov at Docket No. gladecress. habitat units were then mapped using FWS–R4–ES–2013–0086, and at the (3) Critical habitat does not include the USA Contiguous Albers Equal Area field office responsible for this manmade structures (such as buildings, Projection with a NAD 83 datum. The designation. You may obtain field office aqueducts, runways, roads, and other maps in this entry, as modified by any location information by contacting one paved areas) and the land on which they accompanying regulatory text, establish of the Service regional offices, the are located existing within the legal the boundaries of the critical habitat addresses of which are listed at 50 CFR boundaries on September 25, 2014. (4) Critical habitat map units. Data designation. The coordinates or plot 2.2. layers defining map units were created points or both on which each map is

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(5) Index map follows: J Alabama in Gladecress Miles 100 ln ~ Map Index

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(6) Unit 1: Bluebird Glades, Lawrence County, Alabama. Map of Units 1 and 2 follows: J Habitat Habitat Critical Miles 1 COUNTY Critical Gladecress Kilometers 1 0.5 Gladecress LAWRENCE 0.5 Fleshy-fruit Fleshy-fruit 0 0 Glades, Glades, Branch Habitat Critical Bluebird Stover 1: 2: ~ Unit Unit

(7) Unit 2: Stover Branch Glades, Unit 2 is provided at paragraph (6) of Lawrence County, Alabama. Map of this entry.

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(8) Unit 3: Indian Tomb Hollow Glade, Lawrence County, Alabama. Map of Unit 3 follows: j ~ (t () - "$ ~ >-1:'; Habitat Critical COUNTY Mil·es Gladecress 0.5 Kilometers 0.5 Fleshy-fruit 0.25 0.25 I I Glade, I I I 0 0 Forest Bankhead Hollow B. Forest Tomb LAWRENCE Habitat National ~------~------Critical National William Indian .. ~I 3: '"' :~:·; ~ Unit

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(9) Unit 4: Cedar Plains South, Morgan County, Alabama. Map of Units 4, 5, and 6 follows:

Unit 4: Cedar Plains South, Fleshy-fruit Gladecress Critical Habitat Unit 5: Cedar Plains North, Fleshy-fruit Gladecress Critical Habitat Unit 6: Massey Glade, Fleshy-fruit Gladecress Critical Habitat

Cedar Plains Rd.

UNIT6

Bramlett Road

MORGAN COUNTY

UNIT4~

Road

0.5 1 Miles Critical Habitat @$ I I I I I I I I 0 0.5 1 l

(10) Unit 5: Cedar Plains North, 5 is provided at paragraph (9) of this (11) Unit 6: Massey Glade, Morgan Morgan County, Alabama. Map of Unit entry. County, Alabama. Map of Unit 6 is provided at paragraph (9) of this entry.

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(12) Unit 7: Hillsboro Glade, Lawrence County, Alabama. Map of Unit 7 follows: ... "' ...... "' ..... ;. j ~ """' ~ 'o:~ 0:"'"'· .. _ 222 ...... L~ne Road "'""'"'"'t*+t.a-,.. ::J m ~ ~ '0 8 /}. C'l ,.... County Habitat ...... Miles 0.5 Q/Oh Critical ...... 'l"anstnis-.; ~ •·"'"'"'•...... KiSometers 0.5 ~... ~- COUNTY 0.25 lAWRENCE Gladecress ...... "'"'•...... 0.25 as 0 s::: 0 :::3 ,... u "" ,__ ~ lr 0 222 h Fleshy-fruit r-o"'er 0 0 Road ...... t Coontv Glade, b·t a1a ••••••••·•·•··••• H I •••••••••• .ti nca C Hillsboro 7: ~ ~ Unit

* * * * * Dickson, Jackson, Montgomery, Smith, (i) Bedrock formations and outcrops and Trousdale Counties, Tennessee, on of calcareous limestone, sometimes with Family Brassicaceae: Physaria globosa the maps below. (Short’s bladderpod) interbedded shale or siltstone, in close (2) Within these areas, the primary proximity to the mainstem or tributaries (1) Critical habitat units are depicted constituent elements of the physical or of the Kentucky and Cumberland rivers. for Posey County, Indiana; Clark, biological features essential to the These outcrop sites or areas of suitable Franklin, and Woodford Counties, conservation of Short’s bladderpod bedrock geology should be located on Kentucky; and Cheatham, Davidson, consist of three components:

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steeply sloped hillsides or bluffs, numbers not to inhibit growth or maps in this entry, as modified by any typically on south- to west-facing reproduction of Short’s bladderpod. accompanying regulatory text, establish aspects. (3) Critical habitat does not include the boundaries of the critical habitat (ii) Shallow or rocky, well-drained manmade structures (such as buildings, designation. The coordinates or plot soils formed from the weathering of aqueducts, runways, roads, and other points or both on which each map is underlying calcareous bedrock paved areas) and the land on which they based are available to the public at the formations, which are undisturbed or are located existing within the legal Service’s Internet site at http:// subjected to minimal disturbance, so as boundaries on September 25, 2014. www.fws.gov/cookeville, at http:// to retain habitat for ground-nesting (4) Critical habitat map units. Data www.regulations.gov at Docket No. pollinators and potential for layers defining map units were created FWS–R4–ES–2013–0086, and at the maintenance of a soil seed bank. on a base of Bing Maps digital aerial (iii) Forest communities with low photography supplied by the Harris field office responsible for this levels of canopy closure or openings in Corporation, Earthstar Geographics LLC, designation. You may obtain field office the canopy to provide adequate sunlight and the Microsoft Corporation. Critical location information by contacting one for individual and population growth. habitat units were then mapped using of the Service regional offices, the Invasive, nonnative plants must be the USA Contiguous Albers Equal Area addresses of which are listed at 50 CFR absent or present in sufficiently low Projection with a NAD 83 datum. The 2.2.

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(5) Index map follows: ,_ s Tennessee W-E I and ~ 14 Kentucky, Mi!les 100 Indiana, in ~mete~s 100 bladderpod 50 Short's 50 25 for 25 0 0 Locations Habitat Critical of Map Index

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(6) Unit 1: Kings and Queens Bluff, Montgomery County, Tennessee. Map of Unit 1 follows: j Habitat location Map Critical Bladderpod Miles 0_5 COUNTY l

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(7) Unit 2: Lock B Road, Montgomery County, Tennessee. Map of Units 2 and 3 follows:

Unit 2: Lock BRoad, Short's Bladderpod Critical Habitat Unit 3: Jarrel Ridge Road, Shorfs Bladderpod Critical Habitat

<(Pqp

COUNTY

Map Location ~

0 0.5 1 Miles

®3 Critical Habitat I I I I I I I I j 0 0.5 1l

(8) Unit 3: Jarrel Ridge Road, Unit 3 is provided at paragraph (7) of Montgomery County, Tennessee. Map of this entry.

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(9) Unit 4: Cheatham Lake, Cheatham County, Tennessee. Map of Unit 4 follows: j Location Map Habitat ~ Critical Miles 1 Kirometars I 1 .. 0.5 Bladderpod . " I 0.5 I I I I I Short's 0 0 Lake, 'P Habitat :\.1! ~~ ~ Critical Cheatham 4: ~ Unit

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(10) Unit 5: Harpeth River, Cheatham County, Tennessee. Map of Units 5 and 6 follows: I j C:::: location Map Habitat ~ ~~ Critical ~ Mii!es Habitat 1 Critical l

(11) Unit 6: Montgomery Bell Bridge, Tennessee. Map of Unit 6 is provided at Cheatham and Dickson Counties, paragraph (10) of this entry.

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(12) Unit 7: Nashville and Western Railroad, Cheatham County, Tennessee. Map of Unit 7 follows: j Habitat location Map Critical ~ 1Wes Bladderpod '"'' 'U•"- Kilometers 1 Shorfs 1 /'.'''''' 0.5 1 0.5 I Railroad, I ~,.,>,'.•i"""'-'<'r">'"&'!''' CHEATHAM I I I 0 0 Western and Habitat Critical Nashville 7: ~ Unit

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(13) Unit 8: River Trace, Cheatham and Davidson Counties, Tennessee. Map of Unit 8 follows: j location Map ~ Habitat COUNTY DAVIDSON 11\ifiles Critical I 1l

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(14) Unit 9: Old Hickory Lake, Trousdale County, Tennessee. Map of Units 9 and 10 follows: J Location Map ~ Miles I 1 I I I Kilometers I 1 I I I I 0.5 ~0 I I I ~~Q I I 0.5 I (}1}~ I i I i i I I 0 0 Habitat Critical ®3

(15) Unit 10: Coleman-Winston Map of Unit 10 is provided at paragraph Bridge, Trousdale County, Tennessee. (14) of this entry.

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(16) Unit 11: Cordell Hull Reservoir, Smith County, Tennessee. Map of Unit 11 follows: j location Habitat Map

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(17) Unit 12: Funns Branch, Jackson County, Tennessee. Map of Units 12 and 13 follows: j location Map ~ Habitat Habitat 2Mifes Critical Critical Kilometers 2 Bladderpod COUNTY 1 Bladderpod I I I I Short•s I 0 0 Short•s JACKSON Creek, Branch, Habitat Funns Wartrace Crtical 13: 12: ~ Unit Unit

(18) Unit 13: Wartrace Creek, Jackson County, Tennessee. Map of Unit 13 is provided at paragraph (17) of this entry.

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(19) Unit 14: Camp Pleasant Branch, Franklin County, Kentucky. Map of Unit 14 follows: j COUNTY Habitat 'R~ ~ ~safl'- Critical catnP FRANKLIN 0.5Miies l

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(20) Unit 15: Kentucky River, Franklin County, Kentucky. Map of Units 15 and 16 follows: j "' ~ cr ~ Habitat Habitat Mtles f Critical Critical '!!~meters I Bladderpod Bladderpod I I 0 0 FRANKLIN Short's Short's UNIT15 River, Road, Habitat Critical Kentucky Owenton 16: 15: ~ Unit Unit

(21) Unit 16: Owenton Road, Franklin County, Kentucky. Map of Unit 16 is provided at paragraph (20) of this entry.

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(22) Unit 17: Little Benson Creek, Franklin County, Kentucky. Map of Unit 17 follows: j COUNTY ~ Habitat ANDERSON Critical t.files 1 Kifomete-s 1 Bladderpod I I I 0 0 Short's Creek, COUNTY Habitat Benson Critical Uttle FRANKLIN 17: ~ Unit

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(23) Unit 18: Boone Creek, Clark County, Kentucky. Map of Unit 18 follows: j cG) COUNTY fi -.1 u I 8 ll'l ~ CLARK Habitat Miles 0.5 Critical l

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(24) Unit 19: Delaney Ferry Road, Woodford County, Kentucky. Map of Unit 19 follows: j ·~ Habitat Critical (."'I'Je !Y 41'~"- 0.51Wes Kifometss Bladderpod 0.5 COUNT Q) c: Ill ~ Short's G 0 Road, Ferry Habitat Critical Delaney 19: G:O Unit

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(25) Unit 20: Bonebank Road, Posey County, Indiana. Map of Unit 20 follows: South .1 1400 Road Road G-addy County West b a .0: -e lll 2 ~J £ >. -c ~ ~ ~ Miles Habitat 'T Critical South COUNTY 1l

* * * * * Dated: August 8, 2014. Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2014–19558 Filed 8–25–14; 8:45 am] BILLING CODE 4310–55–C

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