Federal Register / Vol, 53, No. 173 / Wednesday, September 7, 1988

Federal Register / Vol, 53, No. 173 / Wednesday, September 7, 1988 / Rules and Regulations 34685 specific characteristics that are not (3) In the case of high-rise buildings, (5) the rights of employees under shared by the project managed by the posting in one or more conspicuous collective bargaining agreements. corporation under this subpart. locations in any building in which (d) Retention of excess revenues. Any affected residents live. § 946.43 Audit and administrative requirements. income generated by a resident (c) Role of PHAs and resident management corporation that exceeds management corporations. (1) All (a) Annual audit of books and records. the income estimated for the income resident comments must be sent to the The financial statements of a resident category involved in accordance with PHA. The PHA must summarize the management corporation managing a § 964.35(c) must be excluded in comments, prepare (at its option) a project under this subpart must be subsequent years in calculating: recommended response to the audited annually by a licensed certified (1) The operating subsidy provided to comments, and provide the resident public accountant, designated by the a PHA under Part 990 of this Chapter. management corporation an opportunity resident management corporation, in (2) The funds provided by the PHA to to prepare a recommended response to accordance with generally accepted the resident management corporation. the comments. The PHA must send to government audit standards. A written (e) Use of retained revenues. Any HUD all the tenant comments received, report of each audit must be forwarded revenues retained by a resident along with the summary of comments to HUD and the PHA within 30 days of management corporation under prepared by the PHA and the issuance. (b) Relationship to other authorities. paragraph (d) of this section may only recommendations (if any) of the PHA The requirements of paragraph (a) of be used for purposes of improving the and the resident management this section are in addition to any other maintenance and operation of the corporation for the disposition of the Federal law or other requirement that project, establishing business comments. enterprises that employ residents of would apply to the availability and (2) The PHA must carry out such audit of books and records of resident public housing, or acquiring additional responsibilities with respect to the dwelling units for lower income families. management corporations under this determination of whether to grant a part. Units acquired by the resident waiver under paragraph (a) of this management corporation will not be (c) Except as modified by this part’, section as HUD may prescribe in eligible for payment of operating resident management corporations must administrative instructions. These subsidy. comply with the requirements of OMB responsibilities will include the service Circulars A-110 and A-122, as § 964.41 Waiver of HUD requirements. of notice on affected tenants under applicable. (a) W aiver conditions. Upon the joint paragraphs (b) and (c) of this section. request of a resident management (d) Action on resident comments. § 946.45 Technical assistance. corporation and the PHA, HUD may HUD will give careful consideration to (a) Nature of assistance. To the extent waive any requirement that HUD has all resident comments received within that budget authority is available, HUD established and that is not required by the comment period provided under will provide financial assistance to law, if HUD determines, after paragraph (b) of this section. HUD, resident management corporations or consultation with the resident through the PHA, will provide written resident councils that obtain, by management corporation and the PHA, notice of its final decision on the contract or otherwise, technical that the requirement unnecessarily proposed waiver, including written assistance for the development of increases the costs to the project or responses to the resident comments, resident management entities, including restricts the income of the project; and served in the same manner and upon the the formation of these entities; the that the waiver would be consistent same resident population as the original development of the management with the management contract and any notice under paragraph (b) of this capability of newly formed or existing applicable collective bargaining section was served. entities; the identification of the social agreement. Any waiver granted to a (e) W aiver to perm it employment. support needs of residents of projects, resident management corporation under Upon the request of a resident and the securing of this support; and a this section will apply as well to the management corporation, HUD may, wide range of activities to further the PHA to the extent the waiver affects the subject to the terms and procedures of purposes of this subpart. In determining PHA’s remaining responsibilities any applicable collective bargaining the amount of any technical assistance relating to the corporation’s project. agreement, permit residents of the grant, HUD will take into consideration (b) Notice and opportunity for project to volunteer a portion of their the size of the resident-managed project c o m m e n t. HUD may grant a waiver labor. and the anticipated complexity of the under paragraph (a) of this section only (f) Exceptions. HUD may not waive proposed change to resident after requiring the PHA to provide any regulatory or other requirement management. notice to the residents whom the waiver under paragraph (a) of this section with (b) M aximum amount of assistance. would affect and giving them at least 30 respect to the following: The assistance referred to in paragraph days to comment on it. Notice under (1) Income eligibility for purposes of (a) of this section may hot exceed paragraph (b) of this section may be §§ 913.104 and 913.105 of this Chapter, $100,000 with respect to any project. served by any or all of the following (2) rental payments under § 913.107 of Dated: August 30,1988. means, as HUD determines appropriate: this Chapter, Jacqueline Aamot, (1) First class mail addressed to each (3) tenant or applicant protections Associate General Deputy Assistant affected resident. under this Chapter or other applicable Secretary for Public and Indian Housing. (2) Delivery to the unit of each laws, [FR Doc. 88-20187 Filed 9-6-88; 8:45 am] affected resident. (4) employee organizing rights, or BILLING CODE 4210-33-M

Wednesday September 7, 1988

Part VI

Department of the Interior

Minerals Management Service

South Atlantic OCS Lease Sale 108; Call for Information and Nominations and Notice of Intent To Prepare an Environmental Impact Statement; Notice 34688 Federal Register / Vol. 53, No. 173 / Wednesday, September 7, 1988 / Notices

4310-MR

UNITED STATES DEPARTMENT OF THE INTERIOR MINERALS MANAGEMENT SERVICE South Atlantic OCS Lease Sale 108 Call for Information and Nominations and Notice of Intent to Prepare an Environmental Impact Statement

CALL FOR INFORMATION AND NOMINATIONS

Purpose of Call

The purpose of the Call is to gather information and assist the Secretary of the Interior in carrying out his responsibilities with regard to Outer Continental Shelf (OCS) Lease Sale 108. This sale, located in the South Atlantic Planning Area, is tentatively scheduled for October 1990. Information and nominations on oil and gas leasing, exploration, development, and production within the South Atlantic are sought from all interested parties. This information-gathering step is important for ensuring that all interests and concerns are communicated to the Department of the Interior for future decisions in the leasing process pursuant to the OCS Lands Act, as amended (43 U.S.C. 1331-1356), and regula tions at 30 CFR 256. This Call does not indicate a preliminary decision to lease in the area described below.

Description of Area

The general area of this Call is offshore the States of North Carolina, South Carolina, Georgia, and Florida.

The area available for nominations and comments consists of approximately 13,400 whole and partial blocks (about 75 million acres) and is outlined on the map at the end of this Call. To assist in focusing on promising acreage, the attached map outlines the Minerals Management Service (MMS) interpretation of the area of hydrocarbon potential. Although primary consideration will be given to those blocks included in the area of hydrocarbon potential, respondents may nominate and are asked to comment on any acreage within the entire Call area. A more detailed map of the Call area (hereinafter referred to as the Call map) and a complete list of Official Protraction Diagrams (OPD's) are available from the Regional Supervisor, Leasing and Environment, Atlantic OCS Region, MMS, 1951 Kidweil Drive, Suite 601, Vienna, Virginia 22180, telephone (703) 285-2165. Existing leases are included in the Call since they may expire or be relinquished before the proposed sale. The OPD's may be purchased from the Regional Supervisor for $2 each (checks or drafts payable to the U. S. Department of the Interior— MMS). Federal Register / Vol. 53, N a 173 / Wednesday, September 7,1988 / Notices 34689

Areas Deferred from this Call far Highlighted in the 5-Year Program!

Based on decisions made in the 5-^year program, the following areas are either deferred from this Call or are highlighted for special consideration during the presale process for this sale:

— A minimum of 15 nautical miles, or, where further offshore, areas of low potential;

— The Gray*s Reef National Marine Sanctuary;

The National Aeronautics and Space Administration Flight Clearance Zone offshore Cape Kennedy in the South Atlantic (except 121 blocks highlighted for special presale consideration).

Instructions on Call

Respondents are asked to nominate any or all of the Federal blocks within the Call area that they wish to have included in Sale 108. Although the identities of those submitting nominations become a matter of public record, the individual indications of interest are considered proprietary.

Those indicating such interest are required to do so on the Call map, available free from the Regional Supervisor, Leasing and Environment, at the address stated under "Description of Area." Interest should be shown by outlining the area(s) of interest along block lines. A detailed list of whole and partial blocks nominated (by OCS Official Protraction Diagram designations) should be submitted to ensure correct interpretation of nomina tions.

It should be emphasized, that generally, the Area Identification will include those blocks nominated in response to this Call. Respondents should rank areas in which they have expressed interest according to priority of their interest (e.g., priority 1 (high), 2, or 3). If there are areas within the Call area in which respondents have no interest, no priority should be assigned to them. Areas where interest has been indicated but on which respondents have not indicated any priorities will be considered priority 3. The telephone number and name of a person to contact in the respondents organization for additional information should included. Again, information concerning both location and priority of interest submitted by individual companies will be held proprietary and will help determine the areas to be analyzed in the Environmental Impact Statement (EIS). In addition to the indica tions of interest by respondents, further considerations of areas for analysis in the EIS will be based on hydrocarbon potential and environmental, economic, and multiple-use conditions. 34690 Federal Register / Vol. 53, No. 173 / Wednesday, September 7, 1988 / Notices

The Call map outlines the MMS interpretation of the area of hydrocarbon potential and identifies the highlighted area that will be subject to special consideration. While primary con sideration will be given to the area of hydrocarbon potential (as outlined on the Call map), respondents may nominate and comment on any acreage within the Call area. Commenters who recommend that all or portions of the highlighted area or other parts of the Call area be deferred from Sale 108 should be as specific as possible in describing why they believe those areas are incompatible with offshore oil and gas exploration and production operations. Such information will be helpful in designing and analyzing deferral alternatives.

Indications of interest and comments should be received within 45 days following publication of this Call in the Federal Register to ensure inclusion in the decision process for Area Identifica tion. Responses should be sent in envelopes labeled "Nominations for Proposed Lease Sale 108, South Atlantic" or "Comments on the Call for Information and Nominations for Proposed Lease Sale 108, South Atlantic." The standard Call map and indications of interest and/or comments must be submitted to the Regional Supervisor, Leasing and Environment, at the address stated under "Description of Area."

Use of Information from Call

Information submitted in response to this Call will be used for several purposes. First, responses will be used to identify the areas of potential for oil and gas development. Second, comments on possible adverse effects and use conflicts will be used in the analysis of environmental impacts in and near the Call area. Together, these two considerations will allow a preliminary determination of the potential advantages and disadvantages of oil and gas exploration and development to the region and the Nation. This will make possible key decisions in connection with the next step in the leasing process— the Area Identification— to resolve conflicts by deferring blocks where there is sufficient information to justify that action. Area Identification is a preliminary step in the selection of the area to be analyzed in the EIS. The Area Identification is scheduled for December 1988.

A third purpose for this Notice is to solicit comments as part of the scoping process for the EIS. Also included in the scoping process will be a series of public meetings and an additional formal written comment period. A Notice of Intent to Prepare an EIS and a more detailed description of the scoping process for this proposed sale is included below. As a result of the scoping process, a number of alternatives to the proposed action will be identified and analyzed in the EIS. Fourth, comments may be used in developing lease terms and conditions to assure safe offshore Federal Register / Vol. 53, No. 173 / Wednesday, September 7,1988 / Notices 34691

4 operations. Fifth, comments may be used in understanding and considering ways to avoid or mitigate potential conflicts between offshore oil and gas activities and the Coastal Management Plans of affected States.

Existing Information

An extensive environmental studies program has been underway in this area since 1973. The emphasis, including continuing studies, has been on environmental characterization of biologically sensitive habitats, physical oceanography, ocean-circulation modeling, and ecological effects of oil and gas activities. A complete listing of available study reports and information for ordering copies can be obtained from the Chief, Environmental Studies Unit (see address under "Description of Area"). The reports may also be ordered, for a fee, directly from the U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 or by telephone at (703) 487-4650.

In addition, a program status report for continuing studies in this area can be obtained from the Chief, Environmental Studies Unit, Atlantic OCS Region (see address under "Description of Area") or by telephone at (703) 285-2728.

Summary Reports and Indices and technical and geological reports are available for review at the MMS, Atlantic OCS Region (see address under "Description of Area"). Copies of the Atlantic OCS Regional Summary Reports and Indices may also be obtained from the OCS Information Program, MMS, 1951 Kidwell Drive, Suite 601, Vienna, Virginia 22180.

Tentative Schedule

Final delineation of the area for possible leasing will be made at a later date and in accordance with established departmental procedures and applicable laws, including all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and the OCS Lands Act, as amended. If a decision to offer blocks is made, a proposed and final Notice of Sale will be published in the Federal Register detailing areas to be offered for competitive bidding, stating the terms and conditions for leasing, and announcing the location, date, and time bids will be received and opened.

The following is a list of tentative milestones which will precede the sale:

Milestones Date

Comments Due on the Call October 1988 34692 Federal Register / Vol. 53, No. 173 / Wednesday, September 7, 1988 / Notices

Area Identification December 1988

Draft EIS Published September 1989

Public Hearings on Draft EIS October 1989

Final EIS Published March 1990

Proposed Notice of Sale Issued May 1990

Governor's Comments Due on July 1990 Proposed Notice

Final Notice of Sale Published September 1990

Sale October 1990 NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT

Purpose of Notice of Intent Pursuant to the regulations (40 CFR 1501.7) implementing the procedural provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as amended, the MMS is announcing its intent to prepare an EIS regarding the oil and gas leasing proposal known as South Atlantic OCS Lease Sale 108. The Notice of Intent also serves to announce the scoping process which will be followed for this EIS. Throughout the scoping process, Federal, State, and local governments and other interested parties aid the MMS in determining the significant issues and alternatives to be analyzed in the EIS. The EIS analysis will focus on the potential environmental effects of leasing, exploration, and ultimately development of the blocks included in the Area Identification as the proposed area of the Federal action. Alternatives to the proposal which may be considered are to delay the sale, cancel the sale, or modify the sale.

Instructions on Notice of Intent

Federal, State, and local governments and other interested parties are asked to send their written comments on the scope of the EIS, significant issues which should be addressed, and alternatives that should be considered to the Regional Supervisor, Leasing and Environment, Atlantic OCS Region, at the address stated under "Description of Area" above. Comments should be enclosed in an envelope labeled "Comments on the Notice of Intent to Prepare an EIS for Proposed Lease Sale 108, South Atlantic." Federal Register / Vol. 53, No. 173 / Wednesday, September 7,1988 / Notices 34693

Comments are due no later than 45 days from publication of this notice. Also, scoping meetings will be held in appropriate locations for the purpose of obtaining additional comments and information regarding the scope of the EIS. The times and locations of these scoping meetings will be announced at a future date in the Federal Register and by press release.

Approved:

—- acting IÙ iand■anH and Minerals Management 34694 34694 U S Dapartmant of tha Inferior ■ A f l A Minorat* Managamant Sarvica Federal Register Register Federal Vi 5, o 13 Wensa, etmbr ,98 Notices / 7,1988 ber Septem ednesday, W / 173 No. 53, Voi. /

EXPLANATION SOUTH ATLANTIC PLANNING AREA SALE 108 CALL FOR INFORMATION AND NOMINATIONS SUBAREA DEFERRALS HIGHLIGHTED AREA

AREAS OF HYDROCARBON POTENTIAL I - KNOWN I I - UNKNOWN

100 S T A T U T E MILES -28f

* * » » * 1 ■ * 82° 72’ 7/88

IFR Doc. 88-20259 Filed 9-6-88; 8:45 am] BILLING CODE 4310-MR-C

1 Wednesday September 7, 1988

Part VII

Department of the Interior______

Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Final Rules 34696 Federal Register / Vol, 53, No. 173 / Wednesday, September 7, 1988 / Rules and Regulations

DEPARTMENT OF THE INTERIOR and has fewer dorsal rostral spines Four comments were received. One (Smalley 1961). Federal agency saw no impact to their Fish and Wildlife Service A search of over 200 caves in north program by the proposal. The proposal Alabama has failed to find the Alabama 50 CFR Part 17 was supported by the other three cave shrimp anywhere but at the two commenters, including a Federal agency, Endangered and Threatened Wildlife localities (J.E. Cooper, pers. comm.). The the national conservation organization and Plants; Endangered Status for the type locality, Shelta Cave, lies within that owns Shelta Cave, and by a Alabama Cave Shrimp, Palaemonias the northwest limits of Huntsville, professional biologist. Two of these Alabamae Alabama. It is located in Warsaw commenters provided additional data. limestone of Mississippian age in the After a thorough review and AGENCY: Fish and Wildlife Service, Interior Low Plateau (Cooper 1975). consideration of all information Interior. Shelta Cave consists of three large available, the Service has determined ACTION: Final rule. rooms with smaller alcoves. Water is present in all of the cave areas during that the Alabama cave shrimp SUMMARY: The Service determines the wet periods of the year. Water levels [Palaemonias alabamae ) should be Alabama cave shrimp, Palaemonias fluctuate several feet during the year classified as an endangered species. alabam ae, to be an endangered species and some areas of the cave become Procedures found at section 4(a)(1) of under the authority contained in the seasonally dry. The two pit entrances to the Endangered Species Act (16 U.S.C. Endangered Species Act of 1973, as Shelta Cave are owned by the National 1531 eq seq.) and regulations (50 CFR amended (Act). This obligate cave Speleological Society and are gated to Part 424) promulgated to implement the dweller has been found in only two control activity in the cave. The only listing provisions of the Act were caves, Shelta and Bobcat, in Madison other known population is in Bobcat followed. A species may be determined County, Alabama. Groundwater Cave, located on Redstone Arsenal, to be an endangered or threatened contamination, low population levels, under the control of the U.S. Army. species due to one or more of the five and collecting represent major threats to The available information indicates factors described in section 4(a)(1). this small shrimp. The shrimp was not the population in Shelta Cave has These factors and their application to observed in Shelta Cave during the declined and may be extirpated. Over the Alabama cave shrimp (P alaem o n ias biweekly surveys of aquatic cave life an 11-year period, Cooper and others a la b a m a e) are as follows: over a twelve month period. In Bobcat collected or observed from one to 25 A. The present or threatened Cave, only two or three shrimp have shrimp on each of 19 visits (Cooper destruction, modification, or curtailment been observed on any single visit. This 1975). On two of these visits the shrimp of its habitat or range. The only known determination implements the protection were not counted, but described as populations of Alabama cave shrimp of the Act for the Alabama cave shrimp. plentiful. During the period from occur in Shelta and Bobcat Caves. The e f f e c tiv e DATE: October 7,1988. December 1985 to April 1986, biologists only population trend data is discussed ADDRESS: The complete file for this rule made monthly trips to observe aquatic in the "Background” section. is available for inspection by life in Shelta Cave but did not find any Groundwater contamination represents appointment during normal business shrimp. In April 1986, a study to observe a major threat to this cave-dwelling hours at the Jackson, Mississippi, Field aquatic life in Shelta Cave twice a species. Both caves are within the Office, U.S. Fish and Wildlife Service, month for one year was initiated. No Huntsville Spring Branch and Indian Jackson Mall Office Center, Suite 316, cave shrimp were observed in Shelta Creek drainages, known areas of DDT 300 Woodrow Wilson Avenue, Jackson, Cave during this period. contamination (Environmental Mississippi 39213. Threatened status was proposed for Protection Agency 1986). They are not the Alabama cave shrimp on January 12, FOR FURTHER INFORMATION CONTACT: known to be in the direct path of the 1977 (42 FR 2507). That proposal was Mr. James H. Stewart at the above contaminated flow at the present time. withdrawn on December 10,1979 (44 FR In any area where sinkholes occur, address (601/965-1900, FI’S 490-4900). 70796), for administrative reasons SUPPLEMENTARY INFORMATION: however, surface pollutants can easily stemming from new listing requirements and rapidly enter the sub-surface Background of the 1978 amendments to the Act. This aquifer. species was proposed for endangered The Alabama cave shrimp, status on November 19,1987 (52 FR B Overutilization for commercial, Palaemonias alabamae, is an albinistic 44578-44580). recreational, scientific, or educational cave shrimp known from only two caves purposes. Apparent low reproductive in Madison County, Alabama, (J.E. Summary of Comments and abilities, confined habitat, and inability Cooper, pers. comm.). This obligate cave Recommendations to elude captors make the Alabama shrimp was first collected in 1958 by Dr. In the November 19,1987, proposed cave shrimp very susceptible to Thomas Poulson and described in 1961 rule and associated notifications, all collecting. Cooper (1975) found only by A.E. Smalley from a series of 20 interested parties were requested to eight attached eggs on Alabama cave shrimp collected in Shelta Cave (Cooper submit factual reports or information shrimp and indicated this species 1975). The Alabama cave shrimp is that might contribute to the development produced only one-third to one-half as colorless and largely transparent with a of a final rule. Appropriate State many eggs as females of the endangered total length of up to 20 mm (0.8 in.) agencies, county governments, Federal Kentucky cave shrimp. Other cave (Cooper 1975; Smalley 1961). The only agencies, scientific organizations, and species are known to have extremely other species of Palaemonias is the other interested parties were contacted low reproductive rates compared to endangered Kentucky cave shrimp, P. and requested to comment. A closely related surface species (Poulson ganteri, known only from Mammoth newspaper notice was published in The 1961; Cooper 1975). As a result, any Cave, Kentucky. Palaemonias alabamae Birmingham News and in The Huntsville collection of adults can significantly is very similar to P. gan teri, but is Times on December 13,1987, and in The affect population levels. There are few smaller in size, has a shorter rostrum, Huntsville News on December 14,1987, known collections of the Alabama cave generally lacks ventral rostral spines which invited general public comment. shrimp, and these were made when the Federal Register / Voi 53, No. 173 / Wednesday, September 7, 1988 / Rules and Regulations 34697

species was apparently more common endangered by taking, an activity Federal involvement with this species (see Background). diffcult to prevent. Publication of critical is expected to be minimal. The C. Disease and Predation. The habitat descriptions would make this continuing development of this region Alabama cave shrimp occurs with the species even more vulnerable and could lead to sub-surface water southern cavefish, Typhlichthys increase enforcement problems. All degradation that may involve the subterráneas, the cave salamander, involved parties and land owners have Environmental Protection Agency or Gyrinophilus palleucus, and the cave been notified of the location and other agencies with jurisdiction over crayfish, Aviticambarus jonesi in one or importance of protecting this species’ groundwater. The Federal Housing both caves (Cooper 1975). It is probable habitat. Protection of this species’ Authority may be required to consult that all three prey upon young cave habitat will be addressed through the with the Service on Federal loans for shrimp (Barr and Kuehne 1971; Cooper recovery process and through the 1975). housing development within the cave’s section 7 jeopardy standard. Therefore, recharge area. Development on D. The inadequacy of existing it would not be prudent to determine Redstone Arsenal may require regulatory mechanisms. The Alabama critical habitat for the Alabama cave consultation with the U.S. Army. Department of Conservation and shrimp at this time. Natural Resources recognizes the The Act and implementing regulations Alabama cave shrimp as a “species of Available Conservation Measures found at 50 CFR 17.21 set forth a series special concern” but does not provide of general prohibitions and exceptions Conservation measures provided to that apply to all endangered wildlife. any legal protection (Bouchard 1976). species listed as endangered or Shelta Cave is owned by the National These prohibitions, in part, make it threatened under the Endangered illegal for any person subject to the Speleological Society and is currently Species Act include recognition, gated to exclude unauthorized visitors. jurisdiction of the United States to take, Bobcat Cave is owned by Redstone recovery actions, requirements for import or export, ship m interstate Arsenal and admittance is controlled. Federal protection, and prohibitions commerce in the course of commercial While admittance to the caves is against certain practices. Recognition activity, or sell or offer for sale in restricted by the owners, adequate through listing encourages and results in interstate or foreign commerce any regulations do not exist to discourage conservation actions by Federal, State, listed species. It also is illegal to collection of the species by those who and private agencies, groups, and possess, sell, deliver, carry, transport, or are able to gain entrance to the caves. individuals. The Endangered Species ship any such wildlife that has been E. Other natural or manmade factors Act provides for possible land taken illegally. Certain exceptions apply affecting its continued existence. Its acquisition and cooperation with the to agents of the Service and State very small population levels and low States and requires that recovery conservation agencies. reproductive capabilities are natural actions be carried out for all listed Permits may be issued to carry out limitations to the ability of this species species. Such actions are initiated by the otherwise prohibited activities involving to recover from any adversity. Only two Service following listing. Examples of endangered wildlife species under populations are known, and no shrimp recovery actions that might be certain circumstances. Regulations have been observed in Shelta Cave implemented include management governing permits are at 50 CFR 17.22 despite twice monthly observations of agreements with Redstone Arsenal and and 17.23. Such permits are available for the aquatic fauna for almost a year. cooperation with the National scientific purposes, to enhance the The Service has carefully assessed the Speleological Society to protect existing propagation or survival of the species, best scientific and commercial populations of this shrimp, studies to and/or for incidental take in connection information available regarding the past, understand the groundwater recharge with otherwise lawful activities. In some present, and future threats faced by this patterns, and attempts to develop instances, permits may be issued during species in determining to make this rule safeguards against potentially damaging a specified period of time to relieve final. Based on this evaluation, the contamination of groundwater entering undue economic hardship that would be preferred action is to list the Alahama the caves. The protection required of suffered if such relief were not cave shrimp as an endangered species. Federal agencies and the prohibitions available. Endangered status was chosen because against taking and harm are discussed, the species has only been found in two in part, below. National Environmental Policy Act caves and is in obvious decline in one of Section 7(a) of the Act, as amended, The Fish and Wildlife Service has these caves. Therefore, the species requires Federal agencies to evaluate determined that an Environmental requires the greatest possible protection their actions with respect to any species Assessment, as defined under the under the Act. The reason critical that is proposed or listed as endangered authority of the National Environmental habitat is not designated is discussed in for threatened and with respect to its Policy Act of 1969, need not be prepared the next section. critical habitat, if any is being in connection with regulations adopted Critical Habitat designated. Regulations implementing pursuant to section 4(a) of the this interagency cooperation provision Endangered Species Act of 1973, as Section 4(a)(3) of the A ct as amended, of the Act are codified at 50 CFR Part amended. A notice outlining the requires that to the maximum extent 402. Section 7(a)(2) requires Federal Service’s reasons for this determination prudent and determinable, the Secretary agencies to ensure that activities they was published in the Federal Register on designate any habitat of a species which authorize, fund, or carry out are not October 25,1983 (48 FR 49244). is considered to be critical habitat at the likely to jeopardize the continued References Cited time the species is determined to be existence of a listed species or to endangered or threatened. The Service destroy or adversely modify its critical Barr, T.C., Jr., and R.A. Kuehne. 1971. finds that designation of critical habitat habitat. If a Federal action may Ecological studies in the Mammoth Cave is not prudent for this species at this adversely affect a listed species or its System of Kentucky II. The ecosystem. time. As discussed under Factor B in International Journal of Speleology 26(l)i47- critical habitat, the responsible Federal 96. Summary of Factors Affecting the agency must enter into formal pecies ’, the Alabama cave shrimp ii Bouchard, R.W. 1976. Crayfishes and consultation with the Service. shrimps, pp. 14-20. In: H. Böschung (ed.). 34698 Federal Register / Vol. 53, No. 173 / Wednesday, September 7, 1988 / Rules and Regulations

Endangered and Threatened Plants and Smalley, A.E. 1961. A new cave shrimp PART 17— [ AMENDED] Animals of Alabama, Alabama Museum of from Southeastern United States (Decapod, Natural History Bulletin No. 2, 92 pp. Atyidae). Crustaceana III(2):127-130. 1. The authority citation for Part 17 Cooper, J.E. 1975. Ecological and behavioral continues to read as follows: Author studies in Shelta Cave, Alabama, with Authority: Pub. L. 93-205, 87 Stat. 884; Pub. emphasis on decapod crustaceans. Ph.D. The primary author of this final rule is L. 94-359, 90 Stat. 911; Pub. L. 95-632, 92 Stat. Dissertation University of Michigan. James H. Stewart (see ADDRESS section) 3751; Pub. L. 96-159, 93 Stat. 1225; Pub. L. 97- University Microfilm International, Ann (601/965-4900, FTS 490-4900). 304, 96 Stat. 1411 (16 U.S.C. 1531 et seq.\, Pub. Arbor, Michigan 364 pp. L. 99-625,100 Stat. 3500 (1986), unless Environmental Protection Agency. 1986. List of Subjects in 50 CFR Part 17 otherwise noted. Report on the remedial action to isolate DDT Endangered and threatened wildlife, 2. Amend § 17.11(h) by adding the from people and the environment in the Fish, Marine mammals, Plants Huntsville Spring Branch-Indian Creek following, in alphabetical order under System Wheeler Reservoir, Alabama. EPA, (agriculture). “CRUSTACEANS”, to the List of Region IV, Atlanta, Georgia. 38 pp + Regulation Promulgation Endangered and Threatened Wildlife: appendices. Endangered and threatened Poulson, T.L. 1961. Cave adaptations in Accordingly, Part 17, Subchapter B of § 17.11 wildlife. Amblyopsid fishes. Ph.D. Dissertation Chapter I, Title 50 of the Code of Federal * * * * * University of Michigan. University Microfilm Regulations, is amended as set forth International, Ann Arbor, Michigan. 185 pp. below: (h) * * *

Species Vertebrate population where stat When Critical Special Historic range endangered blalus listed habitat rules Common name Scientific name or threatened

CRUSTACEANS • • * • • * * Shrimp, Alabama cave...... Palaemonias alabamae ...... U S A (A L )...... NA E 323 NANA • • * * • * *

Dated: August 11,1988. ADDRESSES: The complete file for this multi-headed inflorescence of M. m oh rii Susan Recce, rule is available for public inspection, by (Watson pers. comm. 1988). Assistant Secretary for Fish and Wildlife and appointment, during normal business M arshallia mohrii typically occurs in Parks. hours at the Jackson Field Office, U.S. moist prairie-like openings in woodlands [FR Doc. 88-20297 Filed 9-6-88; 8:45 am] Fish and Wildlife Service, Jackson Mall and along shale-bedded streams. Other BILLING CODE 4310-55-M Office Center, Suite 316, 300 Woodrow populations are located in swales on Wilson Avenue, Jackson, Mississippi roadside rights-of-way (ROWT). The soils 39213. are sandy clays, which are alkaline, high 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: in organic matter and seasonally wet. Ms. Cary Norquist at the above address Common associates include various Endangered and Threatened Wildlife (601/965-4900 or FTS 49(M900). grasses (Andropogon, Panicum ), sedges and Plants; Threatened Status for [Rhynchospora, Carex ) and prairie Marshallia mohrii SUPPLEMENTARY INFORMATION: species including S ilphiu m a g e n c y : Fish and Wildlife Service, Background confertifolium, Ruellia pinetorum, Interior. M arshallia mohrii, a member of the Allium cernuum, Physostegia, and Asclepias engelmanniana. The a c t i o n : Final rule. sunflower family, is an erect perennial herb, 3-7 decimeters (1-2.3 feet) tall, surrounding forest type is mixed SUMMARY: The Service determines a arising from a thickened crown or hardwoods with Shumard oak, willow plant, M arshallia mohrii (Mohr’s caudex. Leaves are alternate, firm- oak and pine (Krai 1983, McDaniel 1981). Barbara’s-buttons), to be a threatened textured, 3-nerved, 8-20 centimeters The endangered Clematis socialis and species under the authority contained in (3.2-7.8 inches) long, lanceolate-ovate in Sarracenia oreophila occur with the Endangered Species Act of 1973, as shape and gradually reduced in size M arshallia mohrii at two separate sites. amended (Act). M arshallia mohrii is upwards. Flowers are produced in Lysimachia gramínea, a candidate currently known from 13 sites in north several heads and are pale pink to plant, is an associate of M a rsh a llia Alabama (three counties) and one site in lavender in color. Flowering occurs from m o h rii at several sites in Alabama. northwest Georgia. Five of these mid-May through June, with fruiting in M arshallia mohrii was first collected populations are confined to roadside July and August (Krai 1983, McDaniel by Mohr in Cullman County, Alabama in rights-of-way and are threatened by 1981). 1893 and later described by Beadle and routine maintenance practices or any M arshallia mohrii morphologically Boynton (1901). Several collections of future road expansion at these sites. resembles M. grandiflora and M. this species were made near Cullman Remaining populations are threatened trin erv ia and may be an alloploid around the turn of the century and one by the potential conversion of their derivative (Watson and Estes 1987). M. record during this time exists for Walker habitat for agricultural purposes. This m o h rii is most similar to M. grandiflora, County, Alabama, and Lookout action will extend the Act’s protection the main difference being that M. Mountain, Georgia (Channell 1955,1957, to M arshallia mohrii. grandiflora usually has only a single McDaniel 1981). Only vague locality EFFECTIVE DATE: October 7, 1988. flowering head as compared to the information exists with these specimens Federal Register / V.ol. 53, No. 173 / Wednesday, September 7, 1988 7 Rules and Regulations 34699 and with the exception of Walker approximately 1,700 vascular plant Register (52 FR 44583), a proposal .to list County, Alabama, no collections of this species to be endangered species Marshallia mohrii as a threatened species have been made in these areas pursuant to .section 4 ofthe Act. species. The Service now determines in recent times. M arshallia mohrii was included in the Marshallia mohrii to be a threatened Krai’s (1973) discovery of this species Smithsonian petition and the 1976 species with the publication of this final in Cherokee County, Alabama, in 1909, proposal. General comments received in rule. marked the first time this species had relation to the 1976 proposal were Summary of Comments and been observed since 1941. Extensive summarized in an April 26,1978, Federal Recommendations searches of suitable habitat innortheast Register publication (43 FR 17909). Alabama and adjacent Georgia have The Endangered Species Act In the November 19,1987, proposed been conducted. Currently, Marshallia Amendments of 1978 required that all rule (52 FR 44583) and associated mohrii is known to exist at only 1 site in proposals over 2 years old be notifications, all interested parties were Georgia (Floyd County) and 13 sites in withdrawn. A 1-year grace period was requested to submit factual reports or Alabama, including 1 population in Bibb given to proposals already over 2 years information that might contribute to the County (Watson pers. comm. 1986), 8 old. In the December 10,1979, Federal development of a final rule. Appropriate populations inCherbkee County, and 4 Register (44 FR 70796), the Service State agencies, county governments, populations in Etowah County. Five published a notice of .withdrawal of the Federal agencies, scientific relatively recent records of Marshallia June 16,1970, proposal, along with lour organizations, and other interested mohrii m Alabama were not relocated other proposals that had expired. parties were contacted and requested to during field searches in June of 1985 or Marshallia mohrii was included as a comment. Newspaper notices inviting 1986, including a collection from Bibb category 1 species in a revised list of public comment were published in the County (A. Sessler, Auburn University, plants under review for threatened or Rome News-Tribune, Rome, Georgia, on pers. comm. 1986), two in Walker endangered classification published in December IQ, 1987, and in the County (Whetstone 1979, Krai pers. the December 15,1980, Federal Register Birmingham News, Birmingham, comm. 1986), and two in Cherokee (45 FR 82480). Category 1 comprises taxa Alabama, and the Gadsden Times, County (Whetstone pers. comm. 1987). for which the Service presently has Gadsden, Alabama, on December 14, Verbal reports of Marshallia mohrii in sufficient biological information to 1987. Murray and Bartow Counties, Georgia support their being proposed to be listed A total of nine comments were have not been confirmed (Krai pers. as endangered or threatened species. On received, including one from a Federal comm. 1987). November 28,1983, the Service agency, three from State agencies, and Five populations are confined to published a supplement to the Notice of five from individuals or groups. All were roadside ROW where the number of Review for Native Hants in the Federal supportive. One individual provided individuals range from 2 to 50. At the Register (48 FR 53640); the plant notice additional biological information which remaining nine sites, plants occur in was again revised September 27,1985 has been incorporated into the more typical habitat; however, plants (50 FR 39526). Marshallia mohrii was appropriate section of the rule. Another extend onto ROW swales at several included as a category 2 species in the individual expressed frustration over the areas. Populations appear to be 1983 supplement and the 1985 revised lack of protection for plants under the concentrated primarily m two areas, notice. Category 2 species are those for Act. He also stated that habitat could eastern Etowah County and central which listing as endangered or not be protected without critical habitat Cherokee County, Alabama. Here, threatened species may be warranted designation. Critical habitat is not being populations are within 0.5 mile to 2 but for which substantial data Dn designated for reasons outlined under miles of one another. The largest biological vulnerability and threats are the “Critical Habitat” section; habitat populations occur in Cherokee County, not currently known or on file to support protection is provided through the with an estimated 1000 plants at 2 sites. a proposed rule. Extensive field section 7 jeopardy standard and the Three sites support limited populations searches by the author and others now recovery process. His letter also (12-50 individuals) and 4 have support ats reelevation to category 1 and discussed the role cultivation of plants moderate-sized populations (100-200 listing as threatened. The data can play in conservation, and .his individuals). demonstrates a limited distribution and frustrations over Service policy (permit Federal actions involving Marshallia continuing threats to the species. process) which he feels *** * ** mohrii began with section 12 of the Section 4(b)(3) of the Endangered discourage the ex-situ preservation of Endangered Species Act of 1973, which Species Act, as amended in 1982, * * * plants which have been artificially directed the Secretary of the requires the Secretary to make certain propagated." However, the cultivation Smithsonian Institution to prepare a findings on pending petitions within 12 of listed plants is usually encouraged report on those plants considered to be months of their receipt. Section 2(b)(1) of and incorporated into subsequent endangered, threatened, or extinct. This the 1982 Amendments further requires recovery plans. report, designated as House Document that all petitions pending on October 13, Summary of Factors Affecting the No. 94-51, was presented to Congress on 1982, be treated as having been newly Species January 9,1975. On July 1,1975, the submitted on that date. This was the Service published a notice in the Federal case of Marshallia mohrii because of After a thorough review and Register (40 FR 27823) of its acceptance the acceptance of the 1975 Smithsonian consideration of all information of the report of the Smithsonian report as a petition. In October of 1983, available, the Service has determined institution as a petition within the 1984,1985,1986, and 1987, the Service that Marshallia mohrii should be context of section 4(c)(2), now section found that the petitioned listing of classified as a threatened species. 4(b)(3)(a), of the Act and of its intention Marshallia mohrii was warranted, but Procedures found at section 4(a)(1) of thereby to review the status of those that list mg this species was precluded the Endangered Species Act (16 U.S.C. plants. On June 16,1976, the Service due to other higher priority listing 1531 et seq:) and regulations (50 CFR published a proposed rule in the Federal actions. On November 19,1987, the Part 424) promulgated to implement the Register (41 FR 24523) to determine Service published in the Federal listing provisions of the Act were 34700 Federal Register / Vol. 53, No. 173 / Wednesday, September 7, 1988 / Rules and Regulations followed. A species may be determined visibility when in flower and time. Publication of exact locations of to be an endangered or threatened accessibility of the sites. Marshallia mohrii would increase species due to one or more of the five C. Disease or predation. Although public interest and possibly lead to factors described in section 4(a)(1). cattle will feed on Marshallia mohrii additional threats to the species from These factors and their application to (Krai 1983), predation is not thought to collecting and vandalism (see Factor B Marshallia mohrii Beadle and Boynton be a significant threat to the species. in the “Summary of Factors” section). (Mohr’s Barbara’s-buttons) are as Marshallia mohrii is not known to be Furthermore, Marshallia mohrii would follows: threatened by disease. not be protected from taking under the A. The present or threatened D. The inadequacy of existing Act since it does not occur on lands destruction, modification, or curtailment regulatory mechanisms. There are no under Federal jurisdiction. No benefit of its habitat or range. Marshallia State or Federal laws protecting can be identified through critical habitat mohrii is endemic to the southern Marshallia mohrii or its habitat. It is designation that would outweigh these Appalachians of Alabama and Georgia unofficially recognized as endangered in potential threats. The State agency where it is known to occur at 14 sites Alabama (Freeman 1984) and Georgia (Alabama Highway Department) which (see “Background” for specific locality (T. Patrick, Georgia Natural Heritage has jurisdiction over some of this information). Seven other historical sites Program, pers. comm. 1987). The Act species’ habitat has been notified of the have not been relocated and may have would provide protection (see plant’s locations and has agreed to work been destroyed. Marshallia mohrii is “Available Conservation Measures” with the Service to protect Marshallia threatened by the potential destruction below) and encourage active mohrii on the rights-of-way. The or adverse modification of its habitat. management for this species. Its listing involved private landowners will be Many plants occur on roadside rights-of- would encourage its addition to the informed of the location and importance way and are vulnerable to accidental official list of endangered and of protecting this species’ habitat. disturbances. Any future road threatened plants by the Georgia Protection of this species’ habitat will be improvements (expansion) or roadside Department of Natural Resources, addressed through the recovery process maintenance activities (i.e., herbicide thereby affording it protection under the and through the section 7 jeopardy treatment, bulldozing, planting of Wildflower Preservation Act of 1973. standard. Therefore, it would not be competitive grasses, mowing during This legislation prohibits taking of prudent to determine critical habitat for flowering) at these sites, could plants from public land (without a this species at this time. adversely impact or destroy populations permit) and regulates the sale and if proper planning does not occur. One transport of plants within the State. Available Conservation Measures such population in Cherokee County, E. Other natural or manmade factors Conservation measures provided to Alabama, was destroyed by clearing for affecting its continued existence. species listed as endangered or road construction. The Service will work Marshallia mohrii is vulnerable due to threatened under the Endangered in cooperation with the Alabama its limited distribution and small number Species Act include recognition, Highway Department in order to provide of individuals at many of the sites. Its recovery actions, requirements for survival is dependent upon the these sites with protection. Federal protection, and prohibitions maintenance of prairie-like openings Plants on privately-owned sites are against certain practices. Recognition (McDaniel 1981); therefore, woody potentially threatened by the conversion through listing encourages and results in succession poses an insidious threat to of their habitat to improved pastureland State, this species and its habitat. conservation actions by Federal, through drainage, seeding with forage The Service has carefully assessed the and private agencies, groups, and grasses or plowing and discing (Krai best scientific and commercial individuals. The Endangered Species 1983, McDaniel 1981). Much of its information available regarding the past, Act provides for possible land suitable habitat has been converted to present, and future threats faced by this acquisition and cooperation with the pastureland or row crops. species in determining to make this rule States and requires that recovery Marshallia mohrii maintains itself final. Based on this evaluation, the actions be carried out for all listed only in areas which were naturally or preferred action is to list Marshallia species. Such actions are initiated by the artificially cleared and probably are mohrii as a threatened species. Service following listing. The protection maintained naturally through occasional Threatened status seems appropriate required of Federal agencies and the fire or local soil conditions that promote since the populations are not imminently prohibitions against taking are a grass-sedge community (Krai 1983). in danger of destruction; however, discussed, in part, below. Mechanical disturbance of soil if Marshallia mohrii is not currently Section 7(a) of the Act, as amended, unaccompanied by drainage might protected by law and, if protective requires Federal agencies to evaluate prepare openings for seeds to germinate measures are not taken for this species, their actions with respect to any species (Krai 1983). Research into this aspect of it could become endangered in the that is proposed or listed as endangered the species’ biology is needed in order to foreseeable future. Critical habitat is not or threatened and with respect to its perpetuate appropriate habitat being designated for the reasons critical habitat, if any is being conditions. discussed below. designated. Regulations implementing B. Overutilization for commercial, this interagency cooperation provision recreational, scientific, or educational Critical Habitat of the Act are codified at 50 CFR Part purposes. Marshallia mohrii is currently Section 4(a)(3) of the Act, as amended, 402. Section 7(a)(2) requires Federal not a significant component of the requires that to the maximum extent agencies to ensure that activities they commercial trade of native plants; prudent and determinable, the Secretary authorize, fund, or carry out are not however, the species has potential for designate any habitat of a species which likely to jeopardize the continued horticultural use (McCartney pers. is considered to be critical habitat at the existence of a listed species or to comm. 1987) and publicity from its time the species is determined to be destroy or adversely modify its critical listing could generate an increased endangered or threatend. The Service habitat. If a Federal action may demand. Taking and vandalism pose finds that designation of critical habitat adversely affect a listed species or its two risks to this species due to its is not prudent for this species at this critical habitat, the responsible Federal Federal Register / Vol. 53, No. 173 / Wednesday, September 7, 1988 / Rules and Regulations 34701 agency must enter into formal in cultivation or in the wild. Requests for to the U.S. Fish and Wildlife Service, consultation with the Service. copies of the regulations on plants and Southeast Region, Atlanta, Georgia. 6 pp. The only potential Federal inquiries regarding them may be Watson, L.E., and J.R. Estes. 1987. involvement with M arshallia mohrii at addressed to the Office of Management Chromosomal evolution of M arshallia this time would be Federal funds or (Asteraceae). American Journal of Botany Authority, U.S. Fish and Wildlife 74:764. other Federal involvement with the Service, P.O. Box 27329, Washington, DC Whetstone, R.D. 1979. New or noteworthy highway rights-of-way maintenance. 20038-7329 (202/343-4955). records for flora of Alabama. Castanea Highway maintenance crews are 44:1-8. working cooperatively with the Service National Environmental Policy Act Author to find rights-of-way maintenance The Fish and Wildlife Service has techniques that are compatible with determined that an Environmental The primary author of this final rule is protecting Marshallia mohrii. Assessment, as defined under the Cary Norquist (see ADDRESSES section) The Act and its implementing authority of the National Environmental (601/965-4900 or FTS 490-4900). regulations found at 50 CFR 17.71 and Policy Act of 1969, need not be prepared List of Subjects in 50 CFR Part 17 17.72 set forth a series of general trade in connection with regulations adopted prohibitions and exceptions that apply pursuant to section 4(a) of the Endangered and threatened wildlife, to all threatened plants. All trade Endangered Species Act of 1973, as Fish, Marine mammals, Plants prohibitions of Section 9(a)(2) of the Act, amended. A notice outlining the (agriculture). implemented by 50 CFR 17.71, would Service’s reasons for this determination Regulation Promulgation apply. These prohibitions, in part, make was published in the Federal Register on it illegal for any person subject to the October 25,1983 (48 FR 49244). Accordingly, Part 17, Subchapter B of jurisdiction of the United States to Chapter I, Title 50 of the Code of Federal import or export any threatened plant, References Cited Regulations, is amended as set forth transport it in interstate or foreign Beadle, C.D., and P.E. Boynton. 1901. A below: commerce in the course of a commercial revision of the species of Marshallia. activity, sell or offer it for sale in Biltmore Botanical Studies 1:3-10. PART 17— [AMENDED] Channell, R.B. 1955. A revisional study of the interstate or foreign commerce, or 1. The authority citation for Part 17 remove it from areas under Federal genus M arshallia (Compositae). Ph.D. Dissertation, Duke University, Durham, continues to read as follows: jurisdiction and reduce it to possession. North Carolina. 219 pp. Authority: Pub. L. 93-205, 87 Stat. 884; Pub. Seeds from cultivated specimens of Channell, R.B. 1957. A revisional study of the L. 94-359, 90 Stat. 911; Pub. L. 95-632, 92 Stat. threatened plant species are exempt genus M arshallia (Compositae). Contr. 3751; Pub. L. 96-159, 93 Stat. 1225; Pub. L. 97- from these prohibitions provided that a Gray Herb. 181:41-132. 304, 96 Stat. 1411 (16 U.S.C. 1531 e t seq .); Pub. statement of “cultivated origin” appears Freeman, J.D. 1984. Vascular plant species L. 99-625,100 Stat. 3500 (1986), unless on their containers. Certain exceptions critical to maintenance of floristic diversity otherwise noted, in Alabama. Unpub. report. 23 pp. can apply to agents of the Service and 2. Amend § 17.12(h) by adding the State conservation agencies. The Act Krai, R. 1973. Some notes on the flora of the southern states, particularly Alabama and following, in alphabetical order under and 50 CFR 17.72 also provide for the Asteraceae, to the List of Endangered issuance of permits to carry out middle Tennessee. Rhodora 75:366-410. Krai, R. 1983. A report on some rare, and Threatened Plants: otherwise prohibited activities involving threatened, or endangered forest-related threatened species under certain vascular plants of the South. USDA, Forest § 17.12 Endangered and threatened circumstances. It is anticipated that few Service, Tech. Pub. R8-TP2.1305 pp. plants. trade permits would ever be sought or McDaniel, S.T. 1981. Status report on * * * * * issued since the species is not common Marshallia mohrii. Provided under contract (h) V *

Species Critical Special Historic range btatusStatus When )isted habitat rules Scientific name Common name

Asteraceae—Aster family:

Marshallia mohrii...... USA (Al GA) T 324 NANA * *

Dated: August 11,1988. 50 CFR Part 17 and thereby provides the species Susan Recce, protection under the authority contained Acting Assistant Secretary for Fish and Endangered and Threatened Wildlife in the Endangered Species Act of 1973, Wildlife and Parks. and Plants; Determination of Agalinis as amended. This species is known to [FR Doc. 88-20298 Filed 9-6-88; 8:45 am] acuta (Sandplain Gerardia) to be an occur at two sites on Cape Cod, BILLIIIG CODE 4310-55-M Endangered Species Massachusetts, six sites on Long Island, New York, and one site in Baltimore a g e n c y : Fish and Wildlife Service, County, Maryland. Historically, it also Interior. occurred in Connecticut and Rhode Island, but is now believed extirpated in a c t i o n : Final rule. these States. The species is endangered by changing land use patterns, s u m m a r y : The Service determines a plant, Agalinis acuta (sandplain residential and commercial gerardia) to be an endangered species, development, and encroachment of •