Eggert's Sunflower) (Seeds) Are Blackish Or Grayish and Less Than $25,000, Billing Will Occur at Mottled, 5 to 6 Millimeters (0.25 Inches) Termination Date

Federal Register / Vol. 62, No. 99 / Thursday, May 22, 1997 / Rules and Regulations 27973

Dated: March 26, 1997. amount, regardless of dollar amount, population each in Dickson, Marion, David J. Barram, does not relieve the agency of paying in and Williamson counties, two (and a Acting Administrator of General Services. full the actual costs. portion of a third) in Maury County, (g) A Reimbursable Work three in Lewis County, four in Lawrence PART 101±21Ð[AMENDED] Authorization request (Form 2957 or County, and six in Coffee County. It is threatened throughout its range by Therefore 41, CFR part 101–21 is other acceptable request) must be habitat alteration; residential, amended as set forth below: completed and approved by GSA and an commercial, or industrial development; 1. The authority citation for 41 CFR agency official certifying that he/she has plant succession; and conversion of its part 101–21 continues to read as the authority to order the services and limited habitat to pasture or croplands. follows: commit the agency to payment. (h) Bills for recurring above-standard Herbicide use, particularly along Authority: Sec. 205(c), 63 Stat. 390, 40 level services are rendered in advance at roadsides, also poses a threat. This U.S.C. 486(c). an established cost equal to the action extends Federal protection under the Act to Eggert’s sunflower. Subpart 101±21.6ÐBillings, Payments, estimated amount. This type of work and Related Budgeting Information for authorization, with the right to cancel EFFECTIVE DATE: June 23, 1997. Space and Services Furnished by the (subject to incurred costs and ADDRESSES: The complete file for this General Services Administration obligations) upon 60 days notice by rule is available for public inspection, either party must be completed and by appointment, during normal business 2. Section 101–21.604 is amended by forwarded to GSA prior to the hours at the Asheville Field Office, U.S. revising paragraphs (d) through (h) and commencement of the period for which Fish and Wildlife Service, 160 Zillicoa by adding paragraph (i) to read as services are required. With the Street, Asheville, North Carolina 28801. follows: exception of recurring work FOR FURTHER INFORMATION CONTACT: Mr. authorizations for utilities, which GSA § 101±21.604 Billing procedures for J. Allen Ratzlaff at the above address reimbursable charges. may limit to 3-month periods, each (704/258–3939, Ext. 229). recurring type work authorization must * * * * * authorize charges for the full period SUPPLEMENTARY INFORMATION: (d) The following basic types of during the fiscal year that the services Background reimbursable work are performed by will be required. These work GSA on a fixed price basis. The fixed Helianthus eggertii (Small) (Eggert’s authorizations must always begin and sunflower) is a perennial member of the price is the amount of the Reimbursable end within the same fiscal year. Work Authorization (RWA) which is the aster family (Asteraceae) known only (i) Agencies shall be responsible for from Kentucky, Tennessee, and authorized amount: timely payment and resolving any (1) Non-recurring services performed Alabama. It is a tall (to 2.5 meters [8 billing problems regarding orders they above standard levels of service, such as feet]) plant arising from a short, thick place under GSA contracts. out-of-cycle painting; base, perennating by shallow elongate, (2) Recurring services not included in [FR Doc. 97–13489 Filed 5–21–97; 8:45 am] fleshy rhizomes that can form an the standard level for which a price can BILLING CODE 6820±BR±P extensive network. The plant is smooth, be established; except for some slight roughening on (3) Repairs and alterations in the upper leaf surfaces, and it has a buildings not controlled by GSA; DEPARTMENT OF THE INTERIOR blue-waxy coloration. The lower leaves (4) Special space alterations and are conspicuously whitened. The plant’s adjustments performed by GSA in GSA- Fish and Wildlife Service opposite (rarely whorled) leaves are operated buildings, which are requested mostly lanceolate to narrowly ovate, the and financed by other agencies in 50 CFR Part 17 largest being 10 to 20 centimeters (3.9 to accordance with § 101–20.106, 5.7 inches) in length. Leaf edges are RIN 1018±AC74 Reimbursable services, of this chapter; smooth or minutely toothed, and the tip and Endangered and Threatened Wildlife is usually pointed. Large yellow flowers (5) Alteration projects up to the and Plants; Determination of (8 centimeters [3 inches]) are borne on prospectus threshold. Threatened Status for Helianthus the upper third of the stem. Cypsalas (e) Where the amount of the RWA is eggertii (Eggert's Sunflower) (seeds) are blackish or grayish and less than $25,000, billing will occur at mottled, 5 to 6 millimeters (0.25 inches) termination date. Other bills will be AGENCY: Fish and Wildlife Service, long, faintly striated, and with a few rendered at the customer’s option, based Interior. scattered trichomes (hairs). Flowering on delivered orders either monthly or ACTION: Final rule. begins in early August and continues quarterly. through mid-September, and achenes (f) RWAs above the prospectus SUMMARY: The U.S. Fish and Wildlife mature from early September to early threshold shall be performed on an Service (Service) determines threatened October (Jones 1991). Jones (1991) actual cost basis. In special status for Helianthus eggertii (Eggert’s observed fruit set at between 5 and 25 circumstances, when GSA and the sunflower) under the authority of the seeds per flower head. Seed germination ordering agency agree, non-prospectus Endangered Species Act of 1973, as rates are generally low (rarely exceeding alterations work may be performed on amended (Act). This rare plant is 25 percent) and most require exposure an actual cost basis. GSA will make presently known from an estimated 34 to cold to break dormancy (Heiser et al. every effort to obtain approval and populations in 14 counties—in 1969). certification of additional funds before Alabama, one population in Blount Eggert’s sunflower develops an incurring any obligations in excess of 10 County; in Kentucky, one population extensive rhizome system, and these percent of the authorized amount or from Grayson and Hardin counties, two rhizomes can live for many years. Thus, $500, whichever is greater. However, populations from Edmonson and Barren the plant does not have to produce failure of GSA to notify the agency that counties, and seven populations from seeds every year to ensure its survival. obligations will exceed the authorized Hart County; in Tennessee, one If environmental conditions change 27974 Federal Register / Vol. 62, No. 99 / Thursday, May 22, 1997 / Rules and Regulations

(e.g., increased competition, shading, Tennessee new populations were discovered etc.); it can survive for several years by The following information on Eggert’s during the status survey, and additional vegetative means, as Jones (1991) noted sunflower in Tennessee is primarily sites were later discovered by R. was the case in several populations. from Jones (1991) and the Tennessee Seymour in the Mammoth Cave area (D. Small (1903) designated the type Natural Heritage Program database. White, KSNPC, 1996, in litt.). The 13 locality of Eggert’s sunflower as near Prior to the status survey conducted known sites in Kentucky are distributed White Bluff in Dickson County, by Jones (1991), there were 12 counties as follows—one population from Tennessee, from specimens collected by in Tennessee with records (a total of 13) Grayson and Hardin counties, two H. Eggert. Beatley (1963) considered this of H. eggertii. Four sites were found to populations from Edmonson and Barren plant a distinct species and that it was have been extirpated (one each in counties, and seven populations from ‘‘conspicuous because of the colonial Coffee, Davidson, Lawrence, and Hart County. Most of these populations have fewer than 15 individual plants, habit and glaucescense.’’ In a Williamson counties) and four were with four having only five or fewer comprehensive essay on Helianthus, found to be erroneous records (one each plants. Only two populations occur on Heiser et al. (1969) retained H. eggertii in Dekalb, Grundy, Clay, and Morgan barrens, and half of these are threatened as a distinct species and placed it in the counties). Additional occurrences were by weedy competitors and/or road series Divaricati, being distinguished by discovered during the status survey and maintenance. Five of the thirteen its nearly sessile, glaucous, and glabrous later by the Tennessee Department of Kentucky populations are found entirely leaves. This work pointed out that H. Environment and Conservation (TDEC) or partially on Federal lands (Mammoth eggertii is a hexaploid (n=51) and could (1993, in litt.) and the U.S. Air Force, Cave National Park), two on The Nature have arisen from a cross between H. Arnold Engineering Development Conservancy’s (TNC) land and the laevigatus (n=34), a shale barren species Center (AEDC). Several sites in Coffee, remainder are found along roadside of the Allegheny Mountains, and H. Franklin, Lawrence, and Lewis counties rights-of-way or on private lands. decapetalus (n=17), a widespread are probably single populations and are species of the eastern United States. treated as such in this document, Previous Federal Action Spring and Schilling (1991) found H. including the occurrences on AEDC in Federal government actions on this eggertii to have a unique chemical Coffee and Franklin counties. The 20 species began with section 12 of the Act profile. Of the related sunflowers, it is known populations in Tennessee are (16 U.S.C. 1531 et seq.). It directed the most similar to H. laevigatus, which distributed as follows: Coffee County— Secretary of the Smithsonian Institution shares 9 of 12 chemical compounds. six populations; Lawrence County—four (Smithsonian) to prepare a report on Smith (1957) considered H. eggertii to populations; Franklin County—two those plants considered to be be a local minor variant of H. strumosus, populations plus a portion of the endangered, threatened, or extinct. This but this species is dissimilar occurrences on AEDC; Lewis County— report, designated as House Document biochemically although the two species three populations; Maury County—two No. 94–51, was presented to Congress appear to readily hybridize. populations; and one population each in on January 9, 1975. On July 1, 1975, the Dickson, Marion, and Williamson Service published a notice (40 FR Helianthus eggertii typically occurs counties. Most of these populations 27823) that formally accepted the on rolling to flat uplands and in full sun (about 50 percent) are small, having Smithsonian report as a petition within or partial shade. It is often found in fewer than 20 individual plants. The the context of section 4(c)(2) (now open fields or in thickets along other populations contain several section 4(b)(3)) of the Act. By accepting woodland borders and with other tall hundred stems. Most of the Tennessee this report as a petition, the Service also herbs and small trees. The distribution populations are threatened either by acknowledged its intention to review of this species shows a strong roadside maintenance, weedy invaders, the status of those plant taxa named correlation with the barrens (and similar fire suppression, or development. The within the report. Helianthus eggertii habitats) of the Interior Low Plateau largest known population is found on was included in the Smithsonian report Physiographic Province, with a few Federal lands (AEDC), three occur and also in the July 1, 1975, Notice of records from the Cumberland Plateau entirely or partially on State lands, and Review. On June 16, 1976, the Service Section of the Appalachian Plateau the remainder are found in roadside published a proposed rule (41 FR Physiographic Province. The following rights-of-way or on private lands. 24523) that determined approximately is a description of the species’ status 1,700 vascular plant taxa, including H. Kentucky within each State where it occurs. The eggertii, to be endangered pursuant to term ‘‘population’’ is used loosely in The following information on Eggert’s section 4 of the Act. these descriptions because it is not sunflower in Kentucky is primarily The 1978 amendments to the Act known how distant individual plants derived from Jones (1991) and the require that all proposals that are not must be from one another to prevent Kentucky State Nature Preserves finalized within two years be cross-pollination. Populations described Commission (KSNPC) (1996, in litt.). withdrawn. On December 10, 1979 (44 below are groups of ‘‘occurrences’’ in Populations of Eggert’s sunflower in FR 70796), the Service published a general proximity to each other and may Kentucky are known from the Mammoth notice withdrawing all plant species or may not correspond to true biological Cave Plateau subsection and Eastern proposed in the June 16, 1976 rule. The populations. Highlands Rim subsection of the Interior revised Notice of Review for Native Alabama Low Plateau Physiographic Provinces. Plants published on December 15, 1980 Prior to the status survey conducted by (45 FR 82480), now included H. eggertii The only known location for Eggert’s Jones (1991), there were three counties as a category 2 species. It was sunflower in Alabama (Blount County) in Kentucky with single records of subsequently retained as a category 2 was discovered in 1981 by Robert Kral occurrence for H. eggertii. One site, in species when the Notice of Review for (Jones 1991). This site, although Edmonson County, has been extirpated, Native Plants was revised in 1983 (48 presently vigorous, could be affected by and the other two records have proven FR 53640), in 1985 (50 FR 39526), and local development and Interstate 65 to be erroneous (one each in Lincoln again in 1990 (50 FR 61184). In 1990, maintenance and improvements. and Jackson counties). However, seven category 2 species were those taxa for Federal Register / Vol. 62, No. 99 / Thursday, May 22, 1997 / Rules and Regulations 27975 which the Service had information Summary of Comments and supported the listing and provided indicating that proposing to list them as Recommendations additional information; two State endangered or threatened might be In the September 9, 1994, proposed agencies supported the listing and appropriate; or for which substantial rule (59 FR 46607) to list Eggert’s provided additional information data on biological vulnerability and sunflower as threatened and through (KSNPC and TDEC); two private threats were not known at this time or other associated notifications, all conservation organizations supported were not on file to support the listing. interested parties were requested to the listing and provided additional This was the case with H. eggertii; the submit factual reports and information information (the Kentucky and Service believed that additional surveys that might contribute to the Tennessee Chapters of TNC); one of potential habitat and further development of a final rule for this Federal agency supported the listing and provided additional information identification of threats were needed sunflower. Appropriate Federal and (AEDC); one Federal agency supported before a decision could be made on State agencies, county governments, the listing but provided no additional whether to propose listing the species. scientific organizations, and interested information (U.S. Natural Resources In 1989, the Service funded a survey to parties were contacted by letter dated Conservation Service, Tennessee); and determine the status of H. eggertii in September 29, 1994. Legal notices were one Federal agency (U.S. Forest Service) Alabama, Kentucky, and Tennessee; a published in the Hart County News neither supported nor opposed the final report on these surveys (Jones Herald, Democrat-Union listing, but did provide additional 1991) was accepted by the Service in (Lawrenceburg), and Daily Herald information. These comments were also 1991. (Columbia) on September 27, 1994; in incorporated into the final rule. All plant taxa included in the the Blount Countian, State Journal The Service also solicited the expert comprehensive plant notices are treated (Frankfort), Chattanooga Times, and opinions of three independent as if under a petition. Section 4(b)(3)(B) Dickson Herald on September 28, 1994; specialists regarding pertinent scientific of the Act, as amended in 1982, requires in the Edmonson News, Herald and commercial data and assumptions the Secretary to make certain findings Chronicle (Hart County), Daily News relating to taxonomy and biological and on pending petitions within 12 months (Bowling Green), and Lewis County ecological information for this species. of their receipt. Section 2(b)(1) of the Herald on September 29, 1994, and in The Service received one response from 1982 amendments further requires that the Manchester Times on October 5, the specialists and these comments are all petitions pending as of October 13, 1994. incorporated into this final rule. 1982, be treated as having been newly Six individuals provided written submitted on that date. This was the responses on the proposed rule to list Summary of Factors Affecting the Species case for H. eggertii because of the Eggert’s sunflower. Four of the acceptance of the 1975 Smithsonian individuals who responded supported After a thorough review and report as a petition. In 1983, the Service the listing, one requested information consideration of all available found that the petition calling for the but did not support or oppose the information, the Service has determined listing of H. eggertii was not warranted listing, and one provided additional that Eggert’s sunflower should be because of insufficient data on its information but neither supported nor classified as a threatened species. distribution, vulnerability, and degrees opposed the listing. All of these Section 4(a)(1) of the Act and of threat. Information contained in the comments were incorporated into the regulations (50 CFR part 424) above-mentioned status survey final rulemaking. promulgated to implement the listing The comment period on the proposed completed these informational gaps and provisions of the Act were followed. A rule (59 FR 46607) was reopened on was sufficient and conclusive to warrant species may be determined to be an August 30, 1996 (61 FR 45931). Through preparation of a proposed rule to list the endangered or threatened species due to associated notifications, interested species. Helianthus eggertii was one or more of the five factors described parties were requested to submit factual accepted as a category 1 species on in Section 4(a)(1). These factors and reports and information that might August 30, 1993, and was included in their application to H. eggertii (Eggert’s contribute to the development of a final this category in the revised Notice of sunflower) are as follows: rule for this sunflower. One hundred Review for Native Plants published on and thirty-eight Federal and State A. The Present or Threatened September 30, 1993 (50 FR 51144). On agencies, county governments, scientific Destruction, Modification, or September 9, 1994 (59 FR 46607), the organizations, and interested parties Curtailment of its Habitat or Range Service published a proposed rule to list were contacted by letter dated Most of the known populations of H. Eggert’s sunflower as threatened under September 6, 1996. Legal notices were eggertii are threatened with destruction the Act. published in the Herald Chronicle on or adverse modification of their habitat. The processing of this final rule September 2, 1996; in the Hart County Over 50 percent of the known H. eggertii conforms with the Service’s final listing News Herald and Nashville Banner on sites are threatened by the priority guidance published in the September 3, 1996; in the Blount encroachment of more competitive Federal Register on December 5, 1996 Countian, Daily Herald (Columbia, TN) herbaceous vegetation and/or woody (61 FR 64475). The guidance clarifies Chattanooga Times, and Dickson Herald plants that produce shade and compete the order in which the Service will on September 4, 1996; in the Edmonson with this species for limited water and process rulemakings during fiscal year News and Lewis County Herald on nutrients. Active management is 1997. The guidance calls for giving September 5, 1996; in the Frankfort required to ensure that Eggert’s highest priority to handling emergency State Journal on September 6, 1996; and sunflower continues to survive at all situations (Tier 1) and second highest in the Manchester Times on September sites. priority (Tier 2) to resolving the listing 11, 1996. Since most of the sites where this status of the outstanding proposed Eight written responses were received species survives are artificial (not true listings. This rule falls under Tier 2. during the reopening of the comment barrens) or manmade habitats, such as Presently, there are no pending Tier 1 period on the proposed rule to list rights-of-way or similar habitats that actions in Region 4. Eggert’s sunflower. One individual mimic barrens; direct destruction of this 27976 Federal Register / Vol. 62, No. 99 / Thursday, May 22, 1997 / Rules and Regulations habitat for commercial, residential, or and Conservation Act. In Alabama, the Critical Habitat industrial development or intensive species does not receive any State Section 4(a)(3) of the Act and rights-of-way maintenance (e.g., protection, and in Kentucky, it is listed implementing regulations (50 CFR herbicide use) is a significant threat to as endangered by the Kentucky 424.12) require that, to the maximum most of the known populations. Academy of Science and KSNPC extent prudent and determinable, the Barrens habitat, which is preferred by (Branson et al. 1981, Warren et al. Secretary designate critical habitat at the Eggert’s sunflower, is disappearing from 1986). However, these lists have no legal time the species is determined to be the south-central United States at a standing in the State. endangered or threatened. The Service rapid rate. Most of this type of habitat The Act will afford additional finds that designation of critical habitat has been converted to croplands, protection to populations that occur on is not prudent at this time for H. pasture, or has been developed as Federal lands and will protect other eggertii. Service regulations (50 CFR residential or industrial sites. DeSelm populations when the taking is in 424.12(a)(1)) state that designation of (1989), in a study on Tennessee barrens, violation of any State law, including critical habitat is not prudent when one reported that all of his study sites were State criminal trespass laws. Protection or both of the following situations in the later stages of succession, with exist—(1) The species is threatened by the prevention of fires being the major from inappropriate interstate commercial trade will also be provided taking or other human activity, and contributing factor. identification of critical habitat can be As its natural habitat disappears, for under the Act. expected to increase the degree of threat Eggert’s sunflower is now found in E. Other Natural or Manmade Factors to the species, or (2) the designation of habitats that replicate the species’ Affecting its Continued Existence critical habitat would not be beneficial ecological requirements. These sites, to the species. having the accompanying assortment of An additional factor that threatens the Section 7(a)(2) and regulations weedy vegetation associated with survival of H. eggertii is extended codified at 50 CFR part 402 require disturbed areas, typically are disturbed drought. Dry conditions cause higher Federal agencies, in consultation and habitats, such as roadside rights-of-way, than normal mortality of seedlings in with the assistance of the Service, to ditches, road cuts, or mounds of soil. the natural populations. If drought ensure that those activities they Colonization most likely occurs soon continues over an extended period of authorize, fund, or carry out are not after a disturbance to the habitat. time, it could have an adverse effect on likely to jeopardize the continued Eggert’s sunflower can initially compete the survival of the species, itself. existence of a listed species or destroy with other vegetation. However, as Additionally, dwindling numbers in the or adversely modify its critical habitat, successional stages progress, this populations of this species could if any is designated. Section 7(a)(4) species is consequently reduced to increase the potential for inbreeding requires Federal agencies to confer vegetative growth from rhizomes and is depression and other reproductive- informally with the Service on any eventually eliminated. Periodic burning, related problems. action that is likely to jeopardize the mowing, or thinning of vegetation on In determining to make this rule final, continued existence of a proposed these sites favors the species by the Service has carefully assessed the species or result in the destruction or lessening competition. This sunflower is best scientific and commercial adverse modification of its proposed persisting at several sites due to the information available regarding the past, critical habitat (see ‘‘Available current mowing regime. present, and future threats faced by this Conservation Measures’’ section for a B. Overutilization for Commercial, species. Based on this evaluation, the further discussion of section 7). As part Recreational, Scientific, or Educational preferred action is to list Eggert’s of the development of this rule, Federal Purposes sunflower as threatened. This sunflower and State agencies were notified of the At this time, there is little, if any, is presently known from 34 populations plant’s general distribution, and they commercial trade in H. eggertii. Most in 14 counties—in Alabama, one were requested to provide any and all populations are very small and cannot population in Blount County; in data on proposed Federal actions that support the collection of plants for Kentucky, one population from Grayson might adversely affect the species. No scientific and/or other purposes. and Hardin counties, two populations specific projects were identified during Inappropriate collecting for scientific from Edmonson and Barren counties, the initial comment period. However, purposes or as novelties pose a threat to and seven populations from Hart during the listing moratorium, the the species. County; in Tennessee, one population Arnold Engineering Development each in Dickson, Marion, and Center of the U.S. Air Force (AEDC) C. Disease or Predation Williamson counties, two in Maury entered into section 7 consultation with Disease and predation are presently County, two in Franklin County and two the Service (Cookeville Field Office) not factors affecting the continued ‘‘occurrences’’ are included as a portion concerning the proposed training of the existence of the species. However, in of the AEDC population in Coffee National Guard on a base where H. several populations, larval insects were County, three in Lewis County, four in eggertii occurs. The Air Force has since found to have destroyed nearly all the Lawrence County, and six in Coffee requested a formal conference. The mature seeds in several flower heads County. The species is threatened Service has been working closely with (Jones 1991; personal observations, throughout its range by habitat the AEDC on a conservation plan that Ratzlaff 1992). alteration; residential, commercial, and benefits the species and allows the Air industrial development; plant Force to carry out its mission. No D. The Inadequacy of Existing succession; and the conversion of its additional projects were identified Regulatory Mechanisms limited habitat to pasture or croplands. during the second comment period. Helianthus eggertii is a Species of Additionally, herbicide use, particularly Should any future projects be proposed Special Concern in Tennessee, and it along roadsides, also poses a threat. See in areas inhabited by this plant, the does not receive any formal protection the ‘‘Critical Habitat’’ section for a involved Federal agency will be given since it is not listed as endangered discussion of why critical habitat is not the general distributional data necessary under the State’s Rare Plant Protection being proposed for this plant. to determine if the species would be Federal Register / Vol. 62, No. 99 / Thursday, May 22, 1997 / Rules and Regulations 27977 impacted by their action. If needed, responsible Federal agency must enter policy is to increase public awareness of more specific distributional information into consultation with the Service. Most the effect of the listing on proposed and will be provided. H. eggertii populations are found on ongoing activities within the species’ Most populations of this species are privately-owned or State-owned lands. range. Of the 34 remaining populations small, and even the loss of a few plants However, one entire population and of Eggert’s sunflower, six populations to such activities as scientific collecting, portions of four others are found in are found entirely or partially on could extirpate this sunflower from Mammoth Cave National Park (U.S. Park Federal lands. Collection, damage, or several locations. Therefore, publication Service) and one population (that destruction of this species on public of critical habitat descriptions and maps includes 62 ‘‘occurrences’’) of H. eggertii lands is prohibited, although in would increase the vulnerability of the is on AEDC lands. appropriate cases a Federal endangered species to vandalism without The Act and its implementing species permit may be issued to allow significantly increasing protection. The regulations set forth a series of general collection. Removal, cutting, digging up, private landowners and local, State and prohibitions and exceptions that apply or damaging or destroying endangered Federal managers on whose property to all threatened plants. All prohibitions plants on non-Federal lands constitutes that all the known populations of H. of section 9(a)(2) of the Act, a violation of section 9 only if eggertii occur, will be made aware of the implemented by 50 CFR 17.67, apply. conducted in knowing violation of any location of existing plants and the These prohibitions, in part, make it State law or regulation, including State importance of protecting them and their illegal for any person subject to the criminal trespass law. This would not habitat. No additional benefits would jurisdiction of the United States to affect any activities in Alabama, or result from the designation of critical import or export, transport in interstate Kentucky, as neither Alabama nor habitat. Therefore, the Service or foreign commerce in the course of a Kentucky State laws provide any concludes that it is not prudent at this commercial activity, sell or offer for sale protection for plants. In Tennessee, time to designate critical habitat for the in interstate or foreign commerce, or Helianthus eggertii is protected under species. Existing precise locality data remove and reduce the species to the Rare Plant Protection and will be made available to appropriate possession from areas under Federal Federal, State, and local government jurisdiction. In addition, for plants Conservation Act of 1985, which agencies from the Service office listed as endangered, the Act prohibits controls the removal of plants from described in the ADDRESSES section or the malicious damage or destruction on State properties for scientific, from the Service’s Cookeville Field areas under Federal jurisdiction and the educational, or propagative purposes, Office, 446 Neal Street, Cookeville, removal, cutting, digging up, damaging and the disturbance of the species on Tennessee 38501. or destroying of such plants in knowing private lands is not allowed without the violation of any State law or regulation, landowner’s consent. The Service is not Available Conservation Measures including State criminal trespass law. aware of any otherwise lawful activities Conservation measures provided to Section 4(d) of the Act allows for the being conducted or proposed by the species listed as endangered or provision of such protection to public that will be affected by this threatened under the Act include threatened species through regulation. listing which could result in a violation recognition, recovery actions, This protection will apply to this of section 9 of the Act. requirements for Federal protection, and species in the future if such regulations Questions on whether specific prohibitions against certain activities. are promulgated. Seeds from cultivated activities could or will constitute a Recognition through listing results in specimens of threatened plants are violation of section 9 should be directed public awareness and conservation exempt from these prohibitions to the Field Supervisor of the Service’s actions to be taken by Federal, State, provided, when commercially shipped, Asheville Field Office (see the and local agencies, private the containers are marked ‘‘Of ‘‘Addresses’’ section) or to the organizations, and individuals. The Act Cultivated Origin.’’ Certain exceptions Cookeville Field Office, U.S. Fish and provides for possible land acquisition to the prohibitions apply to agents of the Wildlife Service, 446 Neal Street, and cooperation with the States and Service and State conservation agencies. Cookeville, Tennessee 38501 (615/528– requires that recovery actions be carried The Act and 50 CFR 17.72 also 6481). Requests for copies of regulations out for all listed species. The protection provide for the issuance of permits to regarding listed species and inquiries required of Federal agencies and the carry out otherwise prohibited activities about prohibitions and permits should prohibitions against certain activities involving threatened plants under be addressed to the U.S. Fish and involving listed plants are discussed, in certain circumstances. Such permits are Wildlife Service, Ecological Services part, below. available for scientific purposes and to Division, 1875 Century Boulevard, Section 7(a) of the Act requires enhance the propagation and/or the Atlanta, Georgia 30345 (Phone 404/679– Federal agencies to evaluate their survival of the species. For threatened 7313; Fax 404/679–7081). actions with respect to any species that plants, permits are also available for is being proposed or is already listed as botanical or horticultural exhibition, National Environmental Policy Act endangered or threatened and with educational purposes, and/or special respect to critical habitat, if any is being purposes consistent with the purposes The Service has determined that designated. Regulations implementing of the Act. It is anticipated that few Environmental Assessments and this interagency cooperation provision commercial permits would ever be Environmental Impact Statements, as of the Act are codified at 50 CFR part sought or issued since the species is not defined under the authority of the 402. Section 7(a)(2) requires Federal in cultivation and is not common in the National Environmental Policy Act of agencies to ensure that activities they wild. 1969, need not be prepared in authorize, fund, or carry out are not It is the policy of the Service (59 FR connection with regulations adopted likely to jeopardize the continued 34272) to identify, to the maximum pursuant to section 4(a) of the Act. A existence of such a species or to destroy extent practicable at the time a species notice outlining the Service’s reasons or adversely modify its critical habitat. is listed, those activities that would or for this determination was published in If a Federal action adversely affects a would not constitute a violation of the Federal Register on October 25, listed species or its critical habitat, the section 9 of the Act. The intent of this 1983 (48 FR 49244). 27978 Federal Register / Vol. 62, No. 99 / Thursday, May 22, 1997 / Rules and Regulations

Required Determinations Jones, R. L. 1991. Status Report on List of Subjects in 50 CFR Part 17 Helianthus eggertii Small. Unpublished The Service has examined this report to the Asheville Field Office, U.S. Endangered and threatened species, regulation under the Paperwork Fish and Wildlife Service, Asheville, North Exports, Imports, Reporting and Reduction Act of 1995 and found it to Carolina. 99 pp. recordkeeping requirements, and contain no information collection Small, J. K. 1903. Flora of the Southeastern Transportation. requirements. This rulemaking was not United States. Published by the author. subject to review by the Office of New York. Regulation Promulgation Management and Budget under Smith, D. M. 1957. The taxonomy of Accordingly, part 17, subchapter B of Executive Order 12866. Helianthus strumosus and related species. chapter I, title 50 of the Code of Federal Ph.D. Dissertation. Indiana University, References Cited Bloomington. Regulations, is amended as set forth Spring, O., and E. E. Schilling. 1991. The below: Beatley, J. C. 1963. The sunflowers (genus sesquiterpene lactone chemistry of Helianthus) in Tennessee. Journal of the Helianthus Sect. Atrorubentes (Asteraceae: PART 17Ð[AMENDED] Tennessee Academy of Science 38:135– Heliantheae). Biochemical Systematics and 154. 1. The authority citation for part 17 Ecology 19:59–79. Branson, B. A., D. F. Harker, Jr., J. M. Baskin, Warren, M. L., Jr., W. H. Davis, R. R. Hannan, continues to read as follows: M. E. Medley, D. L. Batch, M. L. Warren, M. Evans, D. L. Batch, B. D. Anderson, B. Jr., W. H. Davis, W. C. Houtcooper, B. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Palmer-Hall, Jr., J. R. MacGregor, R. R. Monroe, Jr., L. R. Phillippe, and P. Cupp. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Cicerello, R. Athey, B. A. Branson, G. J. 1981. Endangered, threatened, and rare 625, 100 Stat. 3500; unless otherwise noted. Fallo, B. M. Burr, M. E. Medley, and J. M. animals and plants of Kentucky. 2. Section 17.12(h) is amended by Transactions of the Kentucky Academy of Baskin. 1986. Endangered, threatened, and rare plants and animals of Kentucky. adding the following, in alphabetical Science 42:77–89. order under FLOWERING PLANTS, to DeSelm, H. R. 1989. The barrens of Transactions of the Kentucky Academy of Tennessee. Journal of the Tennessee Science 47:84–97. the List of Endangered and Threatened Plants to read as follows: Academy of Sci. 64:89–95. Author Heiser, C. B., Jr., D. M. Smith, S. B. § 17.12 Endangered and threatened plants. Clevenger, and W. C. Martin, Jr. 1969. The The primary author of this final rule North American Sunflowers. Memoirs of is Mr. J. Allen Ratzlaff, Asheville Field * * * * * the Torrey Botanical Club 22(3):1–218. Office, (See ADDRESSES section). (h) * * *

Species Historic range Family Status When Critical Special Scientific name Common name listed habitat rules

FLOWERING PLANTS: ******* Helianthus eggertii ...... Sunflower, Eggert's ...... U.S.A. (AL, TN, Asteraceae ...... T 613 NA NA KY). *******

Dated: April 8, 1997. ACTION: Final rule; commercial quota Ph.D., Regional Administrator, 1 John G. Rogers, harvest. Blackburn Drive, Gloucester, MA 01930, Acting Director, Fish and Wildlife Service. and to the Office of Information and SUMMARY: NMFS issues this final rule to [FR Doc. 97–13412 Filed 5–21–97; 8:45 am] Regulatory Affairs, Office of implement approved measures BILLING CODE 4310±55±P Management and Budget (OMB), contained in a regulatory amendment to Washington, D.C. 20502 (Attention: the Fishery Management Plan for the NOAA Desk Officer). Summer Flounder, Scup, and Black Sea DEPARTMENT OF COMMERCE Bass Fisheries (FMP). This regulatory FOR FURTHER INFORMATION CONTACT: amendment revises the allocation and Regina L. Spallone, Fishery Policy National Oceanic and Atmospheric Analyst, 508–281–9221. Administration management of the commercial scup quota. As a consequence of this rule, SUPPLEMENTARY INFORMATION: This final 50 CFR Part 648 NMFS further announces that no rule implements approved measures commercial scup quota is available for contained in the regulatory amendment [Docket No. 960805216±7111±06; I.D. the States of Delaware and New to the FMP, which was prepared by the 121796B] Hampshire for the 1997 Summer period, Mid-Atlantic Fishery Management RIN 0648±AH06 which ends October 31, 1997. Council (Council) and the Atlantic EFFECTIVE DATE: May 20, 1997. States Marine Fisheries Commission Fisheries of the Northeastern United ADDRESSES: Copies of the regulatory (Commission). Background concerning States; Regulatory Amendment to the the development of this regulatory Fishery Management Plan for the amendment are available upon request from David R. Keifer, Executive amendment was provided in the notice Summer Flounder, Scup, and Black of proposed rulemaking (62 FR 5375, Sea Bass Fisheries; Commercial Quota Director, Mid-Atlantic Fishery Management Council, Room 2115, February 5, 1997), and is not repeated Harvested for Delaware and New here. Hampshire Federal Building, 300 South New Street, Dover, DE 19901. This rulemaking revises the manner AGENCY: National Marine Fisheries Comments regarding burden-hour in which the annual commercial quota Service (NMFS), National Oceanic and estimates for collection-of-information is allocated to the scup fishery. With Atmospheric Administration (NOAA), requirements contained in this final rule this revision, the total annual allowable Commerce. should be sent to Andrew A. Rosenberg, catch (TAC) for the commercial fishery