2005 Federal Register, 70 FR 48482
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48482 Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations listed in this final rule have been Flexibility Act because the National the Paperwork Reduction Act, 44 U.S.C. adequately notified. Flood Insurance Act of 1968, as 3501 et seq. Each community receives a 6-month, amended, 42 U.S.C. 4022, prohibits 90-day, and 30-day notification letter flood insurance coverage unless an List of Subjects in 44 CFR Part 64 addressed to the Chief Executive Officer appropriate public body adopts Flood insurance, Floodplains. that the community will be suspended adequate floodplain management unless the required floodplain measures with effective enforcement I Accordingly, 44 CFR part 64 is management measures are met prior to measures. The communities listed no amended as follows: the effective suspension date. Since longer comply with the statutory these notifications have been made, this requirements, and after the effective PART 64—[AMENDED] final rule may take effect within less date, flood insurance will no longer be than 30 days. available in the communities unless I 1. The authority citation for part 64 they take remedial action. continues to read as follows: National Environmental Policy Act Authority: 42 U.S.C. 4001 et seq.; This rule is categorically excluded Regulatory Classification Reorganization Plan No. 3 of 1978, 3 CFR, from the requirements of 44 CFR part This final rule is not a significant 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 10, Environmental Considerations. No regulatory action under the criteria of 3 CFR, 1979 Comp.; p. 376. environmental impact assessment has section 3(f) of Executive Order 12866 of been prepared. September 30, 1993, Regulatory § 64.6 [Amended] Planning and Review, 58 FR 51735. Regulatory Flexibility Act I 2. The tables published under the The Administrator has determined Paperwork Reduction Act authority of § 64.6 are amended as that this rule is exempt from the This rule does not involve any follows: requirements of the Regulatory collection of information for purposes of Date certain Federal assistance no Community Effective date authorization/cancellation of Current effec- longer State and location No. sale of flood insurance in community tive map date available in special flood hazard areas Region VII Nebraska: Bristow, Village of, 310012 January 13, 1976, Emerg; June 3, 1986, Reg; August 18, 08/18/05 08/18/05 Boyd County. 2005, Susp. Creighton, City of, Knox Coun- 310360 June 6, 1996, Emerg; September 1, 1996, Reg; August 18, 08/18/05 08/18/05 ty. 2005, Susp. Crofton, City of, Knox County 310361 July 9, 1976, Emerg; September 1, 1986, Reg; August 18, 08/18/05 08/18/05 2005, Susp. Lynch, Village of, Boyd Coun- 310013 November 21, 1975, Emerg; June 15, 1988, Reg; August 08/18/05 08/18/05 ty. 18, 2005, Susp. Niobrara, Village of, Knox 310132 July 25, 1974, Emerg; August 19, 1986, Reg; August 18, 08/18/05 08/18/05 County. 2005, Susp. Spencer, Village of, Boyd 310399 July 9, 1976, Emerg; September 24, 1984, Reg; August 18, 08/18/05 08/18/05 County. 2005, Susp. Verdigre, Village of, Knox 310133 May 16, 1975, Emerg; September 1, 1986, Reg; August 18, 08/18/05 08/18/05 County. 2005, Susp. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: August 11, 2005. DEPARTMENT OF THE INTERIOR sunflower) from the List of Endangered Michael K. Buckley, and Threatened Plants pursuant to the Acting Deputy Director, Mitigation Division, Fish and Wildlife Service Endangered Species Act of 1973, as Emergency Preparedness and Response amended (Act), because recovery Directorate. 50 CFR Part 17 actions have secured a number of [FR Doc. 05–16381 Filed 8–17–05; 8:45 am] RIN 1018–AJ08 populations and identified additional BILLING CODE 9110–12–P populations not previously known. Endangered and Threatened Wildlife Therefore, the threatened designation no and Plants; Removal of Helianthus longer correctly reflects the current eggertii (Eggert’s Sunflower) From the status of this plant. This action is based Federal List of Endangered and on a review of all available data, which Threatened Plants indicate that the species is now AGENCY: Fish and Wildlife Service, protected on Federal, State, and county Interior. lands; is more widespread and abundant ACTION: Final rule. than was documented at the time of listing; and is more resilient and less SUMMARY: We, the U.S. Fish and vulnerable to certain activities than Wildlife Service (Service), are removing previously thought. Due to the recent the plant Helianthus eggertii (Eggert’s development of a management plan for VerDate jul<14>2003 09:27 Aug 17, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\18AUR1.SGM 18AUR1 Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations 48483 H. eggertii, a management plan for the been made since 1990, when extensive species appears to be relatively high and barrens/woodland ecosystem, and an searches for the species began (Jones that the highest levels of genetic Integrated Natural Resources 1991; USFWS 1999a). The species is diversity occur in the southern portion Management Plan at the U.S. Air Force’s commonly associated with the barrens/ of the species’ range. Cruzan (2002) also Arnold Engineering and Development woodland ecosystem, a complex of concluded that the range of H. eggertii Center, on whose land a significant generally subxeric (somewhat dry) plant is not geographically subdivided into number of sites/populations occur, new communities maintained by drought distinct genetic units. management practices will include and fire with a grassy ground cover and H. eggertii is a hexaploid (composed managing for, and monitoring the areas scattered medium-to-small-canopy trees of cells that have six chromosome sets) that contain, this species. Occurrences (USFWS 1999a). sunflower, and, although its of H. eggertii are also found on six other H. eggertii is a tall plant, growing up distinctiveness as a species has been Federal, State, or county lands, five of to 2.5 meters (8 feet), with round stems established by morphological studies which now have conservation arising from fleshy rhizomes (lateral (USFWS 1999a) and biochemical agreements with us to protect, manage, storage stems that grow along or just studies (Spring and Schilling 1991), it and monitor the species. The remaining below the soil’s surface). The stems and probably outcrosses (breeds with less site is jointly owned by the Kentucky upper leaf surfaces have a blue-waxy closely related individuals) with other State Nature Preserves Commission and coloration and the lower leaf surfaces hexaploid sunflowers (Jones 1991). It is The Nature Conservancy and has a are conspicuously whitened (Jones not known how commonly outcrossing dedicated conservation easement and a 1991). It has opposite (rarely whorled) occurs and to what degree this can management plan in place to protect H. leaves that are sessile (without a stalk), eventually degrade the genetic integrity eggertii. lanceolate (lance-shaped) to narrowly of the species. Helianthus strumosus At the time of listing, there were 34 ovate (egg-shaped) in shape, and are (pale-leaved woodland sunflower), known H. eggertii sites occurring in 1 either scabrous (rough) or glabrous occasionally found in association with county in Alabama, 5 counties in (smooth) on the upper surface. Leaf H. eggertii, has been identified as a Kentucky, and 8 counties in Tennessee. edges are smooth or minutely toothed, sunflower with a compatible ploidy The species was not defined in terms of and the tip is usually pointed. Large (number of sets of chromosomes) level ‘‘populations’’ at that time. Increased yellow flowers 8 centimeters (3 inches) (Jones 1991). knowledge of H. eggertii and its habitat in diameter are borne on the upper third H. eggertii typically occurs on rolling- has resulted in increased success in of the stem. Seeds are blackish or to-flat uplands and in full sun or partial locating new plant sites. Presently, there grayish and mottled, 5 to 6 millimeters shade. It is often found in open fields or are 287 known H. eggertii sites (making (0.20 to 0.24 inch) long, faintly striated in thickets along woodland borders and up 73 populations) distributed across 3 (striped), and with a few scattered hairs. with other tall herbs and small trees. It counties in Alabama, 9 counties in Flowering begins in early August and persists in, and may even invade, Kentucky, and 15 counties in continues through mid-September and roadsides, power line rights-of-way, or Tennessee. Consequently, H. eggertii is achenes (small, dry, hard, one-celled, fields that have suitable open habitat. not likely to become endangered within one-seeded fruit that stays closed at The distribution of this species shows a the foreseeable future throughout all or maturity) mature from early September strong correlation with the barrens (and a significant portion of its range and, to early October (Jones 1991). Jones similar habitats) of the Interior Low therefore, is no longer considered to be (1991) observed fruit set at between 5 Plateau Physiographic Province, with threatened. and 25 seeds per flower head. some records from the Cumberland Originally, seed germination rates were Plateau Section of the Appalachian DATES: This final rule is effective thought to be low (rarely exceeding 25 Plateau Physiographic Province. September 19, 2005. percent), possibly requiring exposure to When H. eggertii was listed as ADDRESSES: Comments and materials cold to break dormancy (USFWS 1999a). threatened in 1997, it was known from received, as well as supporting However, recent data suggest that seed only 1 site in 1 county in Alabama, 13 documentation used in preparation of germination rates are relatively high sites in 5 counties in Kentucky, and 20 this final rule, are available for public (around 65 percent) if the seeds go sites in 8 counties in Tennessee.