Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Arabis perstellata

DEPARTMENT OF THE INTERIOR

50 CFR Part 17

RIN 1018-AC27

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for Arabis perstellata

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Service proposes to determine endangered status for the

rock cress, Arabis perstellata. There are 2 varieties of Arabis

perstellata. The small rock cress, Arabis perstellata var. perstellata,

is currently known from 27 populations in Kentucky--24 in Franklin

County, 2 in Owen County, and 1 in Henry County. The large rock cress,

Arabis perstellata var. ampla, is known from only two populations in

Rutherford County, Tennessee. The species is endangered because of

either potential or current threats from habitat alteration due to

residential, commercial, or industrial development; timber harvesting;

grazing and trampling; and competition with native and exotic weedy

species, especially the European garlic mustard (Alliaria petiolata).

This proposal, if made final, would extend the protection of the

Endangered Species Act of 1973, as amended (Act), to Arabis

perstellata.

DATES: Comments from all interested parties must be received by March

4, 1994. Public hearing requests must be received by February 17, 1994.

ADDRESSES: Comments, materials, and requests for a public hearing

concerning this proposal should be sent to the Field Supervisor,

Asheville Field Office, U.S. Fish and Wildlife Service, 330 Ridgefield

Court, Asheville, North Carolina 28806. Comments and materials received

will be available for public inspection, by appointment, during normal

business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. J. Allen Ratzlaff at the above

address (704/665-1195, Ext. 229).

SUPPLEMENTARY INFORMATION:

Background

,

Asheville Field Office, U.S. Fish and Wildlife Service, 330 Ridgefield

Court, Asheville, North Carolina 28806. Comments and materials received

will be available for public inspection, by appointment, during normal

business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. J. Allen Ratzlaff at the above

address (704/665-1195, Ext. 229).

SUPPLEMENTARY INFORMATION:

Background

Both varieties of Arabis perstellata, var. ampla (large rock cress)

and var. perstellata (small rock cress) are perennial members of the

mustard family (Brassicaceae). The large rock cress is known from only

two counties in Tennessee, and the small rock cress is known from only

three counties in Kentucky. Both varieties have round stems and

alternate leaves. Their stems and foliage have a grayish coloration due

to the large quantity of hairs. Their stems arise from horizontal bases

and grow up to 80 centimeters (cm) (31.5 inches) long, often drooping

from rock ledges. Each year a basal rosette of leaves is produced, and

the new branches emerge from the old rosette of the previous season.

Their lower leaves vary from 4 to 15 cm (1.6 to 5.9 inches) long and

are obovate to oblanceolate with slightly toothed and pinnatifid

margins. Their upper leaves are smaller--up to 3.5 cm (1.4 inches)

long--and are elliptic to oblanceolate, with coarse teeth along the

margin. Both surfaces of their leaves are stellate-pubescent. The

inflorescence is an elongate raceme with numerous flowers. Their

flowers have four petals that are 3 to 4 millimeters (mm) (0.12 to 0.16

inch) long, are white to lavender, and have four pale green sepals that

are 2 to 3 mm (0.08 to 0.12 inch) long. There are six stamens, with two

shorter than the other four. The ovary is elongate, two-chambered, and

develops into a silique. Fruiting stalks are about 1 cm (0.4 inch) long

at maturity; siliques are up to 4 cm (1.6 inches) long and are covered

with both simple and stellate hairs. Flowering occurs from late March

to early May

to be

determined.

Arabis perstellata is typically found on wooded steep slopes with

limestone outcrops. The outcrops tend to be moist but not wet; rarely,

plants can be found on seepy outcrops. They also may be found in

protected areas, such as around the bases of larger trees, or in areas

where there is little competition, such as around areas regularly

scoured by talus movement or erosion. The plants have a well-developed

system of rootstocks that allow them to persist in these inhospitable

sites. Sometimes the plants display a weedy tendency, colonizing recent

road cuts or animal paths through the woodlands. The plants exhibit

definite shade/light requirements, surviving in full shade or filtered

light, but are not found in full sunlight (Jones 1991).

The distribution of Arabis perstellata var. perstellata shows a

strong correlation with the Kentucky River and its tributaries

(primarily Elkhorn Creek), with the greater majority of sites occurring

in Franklin County. No sites have been found south of Frankfort along

the Kentucky River, although appropriate habitat appears to be present.

Arabis perstellata var. ampla is also associated with calcareous bluff

habitat of a specific river--the Stones River. The two extant

populations are somewhat atypical compared to historic sites because

they occur on rocky knobs about 15 miles from the Stones River (Jones

1991). The following is a description of the status of each variety of

the species within each State where the species occurs; the information

is primarily from Jones (1991).

All known Arabis perstellata var. ampla populations in Tennessee

are from the Cumberland River Subsection of the Central Basin

Physiographic Region. Prior to the status survey conducted by Jones

the Stones River (Jones

1991). The following is a description of the status of each variety of

the species within each State where the species occurs; the information

is primarily from Jones (1991).

All known Arabis perstellata var. ampla populations in Tennessee

are from the Cumberland River Subsection of the Central Basin

Physiographic Region. Prior to the status survey conducted by Jones

(1991), there were three records of large rock cress in Davidson County

and two in Rutherford County. All three of the sites in Davidson County

have been extirpated, and one of the sites in Rutherford County could

not be relocated. One additional population was discovered in

Rutherford County during the status survey. Of the two remaining

populations, one is small--about 25 plants--and covers about 0.06 acre.

The other population contains several hundred plants scattered over

about 2.2 acres. Both sites are on private land and are threatened by

competition by weedy invaders.

All known Arabis perstellata var. perstellata populations in

Kentucky are from the Eden Shale Belt Subsection of the Blue Grass

Physiographic Region. Prior to the status survey conducted by Jones

(1991), there were three counties in Kentucky with occurrence records

for the small rock cress--1 in Henry County, 2 in Owen County, and 26

in Franklin County. One site in Owen County and seven sites in Franklin

County have been extirpated. There was insufficient information to

locate four other historic records (2 in Franklin County and 2 from

unknown counties). However, 8 new populations were discovered during

the status survey, and the 27 known small rock cress sites in Kentucky

are distributed as follows: 1 population from Henry County, 2

populations from Owen County, and 24 populations from Franklin County.

Of these 27 populations, 22 of them have fewer than 100 individual

plants and 12 have 20 or fewer

nklin County and 2 from

unknown counties). However, 8 new populations were discovered during

the status survey, and the 27 known small rock cress sites in Kentucky

are distributed as follows: 1 population from Henry County, 2

populations from Owen County, and 24 populations from Franklin County.

Of these 27 populations, 22 of them have fewer than 100 individual

plants and 12 have 20 or fewer. The immediate threats to the 27

remaining populations include the following: (1) Eight are threatened

by weedy competitors, (2) four by weedy competitors and trampling, (3)

two by trampling, (4) one by logging, and (5) one by road work. The

remaining 11 populations do not appear to have any immediate threats

but are vulnerable to the aforementioned threats as well as other

habitat alterations and potential inbreeding problems as neighboring

populations decline. All of the Kentucky populations are privately

owned. Three receive limited protection through their inclusion in

State designated natural areas.

Federal government actions on these species began with section 12

of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), which

directed the Secretary of the Smithsonian Institution to prepare a

report on those plants considered endangered, threatened, or extinct.

This report, designated as House Document No. 94-51, was presented to

Congress on January 9, 1975. On July 1, 1975, the Service published a

notice (40 FR 27823) that formally accepted the Smithsonian report as a

petition within the context of section 4(c)(2) (now section 4(b)(3)) of

the Act. By accepting this report as a petition, the Service also

acknowledged its intention to review the status of those plant taxa

named within the report. Arabis perstellata var. ampla and Arabis

perstellata var. perstellata were included in the Smithsonian report

and in the July 1, 1975, Notice of Review

report as a

petition within the context of section 4(c)(2) (now section 4(b)(3)) of

the Act. By accepting this report as a petition, the Service also

acknowledged its intention to review the status of those plant taxa

named within the report. Arabis perstellata var. ampla and Arabis

perstellata var. perstellata were included in the Smithsonian report

and in the July 1, 1975, Notice of Review. On June 16, 1976, the

Service published a proposed rule (41 FR 24523) to determine

approximately 1,700 vascular plant taxa to be endangered species

pursuant to Section 4 of the Act; Arabis perstellata var. ampla and

Arabis perstellata var. perstellata were included in that proposal.

The 1978 amendments to the Act required that all proposals over 2

years old be withdrawn. In the December 10, 1979, Federal Register (44

FR 70796), the Service published a notice withdrawing plants proposed

on June 16, 1976. The revised Notice of Review for Native Plants

published on December 15, 1980 (45 FR 82480), included Arabis

perstellata var. ampla and Arabis perstellata var. perstellata as

category 1 candidates. Category 1 candidates are those for which the

Service has on file substantial information on biological vulnerability

and threats to support the appropriateness of proposing to list the

taxa as threatened or endangered. These species were retained in their

respective categories when the Notice of Review for Native Plants was

revised in 1983 (48 FR 53640) and 1985 (50 FR 39526), but Arabis

perstellata var. ampla was then thought to be possibly extinct. In the

1990 Notice of Review (55 FR 6184), Arabis perstellata var. ampla was

changed to a category 2 species due to the uncertainty of its status.

Category 2 species are those for which the Service has information

indicating that proposing to list them as endangered or threatened may

be appropriate but for which substantial data on biological

vulnerability and threats are not currently known or on file to support

the preparation of rules

is perstellata var. ampla was

changed to a category 2 species due to the uncertainty of its status.

Category 2 species are those for which the Service has information

indicating that proposing to list them as endangered or threatened may

be appropriate but for which substantial data on biological

vulnerability and threats are not currently known or on file to support

the preparation of rules. The Service funded surveys in 1989 to

determine the status of Arabis perstellata var. perstellata in

Kentucky. The contractors conducting the status survey for Arabis

perstellata var. perstellata included a review of Arabis perstellata

var. ampla in Tennessee. Final reports on these surveys were accepted

by the Service in 1991.

Section 4(b)(3)(B) of the Act, as amended in 1982, requires the

Secretary to make certain findings on pending petitions within 12

months of their receipt. Section 2(b)(1) of the 1982 amendments further

requires that all petitions pending on October 13, 1982, be treated as

having been newly submitted on that date. This was the case for Arabis

perstellata var. ampla and Arabis perstellata var. perstellata because

of the acceptance of the 1975 Smithsonian report as a petition. On

October 13, 1983, and in October of each year thereafter, through 1992,

the Service found that the petitioned listing of Arabis perstellata

var. perstellata and Arabis perstellata var. ampla was warranted but

precluded by work on higher priority species. The Service's present

decision to propose Arabis perstellata for listing is based on results

of the above-mentioned status survey and current priorities, and it

represents the final petition finding for the large and small rock

cresses.

Summary of Factors Affecting the Species

var. perstellata and Arabis perstellata var. ampla was warranted but

precluded by work on higher priority species. The Service's present

decision to propose Arabis perstellata for listing is based on results

of the above-mentioned status survey and current priorities, and it

represents the final petition finding for the large and small rock

cresses.

Summary of Factors Affecting the Species

Section 4(a)(1) of the Act and regulations (50 CFR part 424)

promulgated to implement the listing provisions of the Act set forth

the procedures for adding species to the Federal lists. A species may

be determined to be an endangered or threatened species due to one or

more of the five factors described in section 4(a)(1). These factors

and their application to the 2 varieties of rock cress, Arabis

perstellata var. ampla (large rock cress) and Arabis perstellata var.

perstellata (small rock cress), are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment

of Its Habitat or Range

Arabis perstellata var. perstellata--Of the 27 known populations of

small rock cress, 16 are threatened with destruction or adverse

modification of their habitat--8 by weedy competitors, 4 by weedy

competitors and trampling, 2 by trampling, 1 by logging, and 1 by road

work. The remaining 11 populations do not appear to have any immediate

threats but are vulnerable to the aforementioned threats as well as

other habitat alterations and potential inbreeding problems as

neighboring populations decline. Active management is required to

ensure that the species continues to survive at all sites.

Arabis perstellata var. ampla--Both of the remaining large rock

cress populations in Tennessee are threatened from competition by weedy

invaders and potentially by livestock grazing and trampling. Also, the

smaller site appears to be made up of older individuals, and there is

little evidence of reproduction (Jones 1991).

required to

ensure that the species continues to survive at all sites.

Arabis perstellata var. ampla--Both of the remaining large rock

cress populations in Tennessee are threatened from competition by weedy

invaders and potentially by livestock grazing and trampling. Also, the

smaller site appears to be made up of older individuals, and there is

little evidence of reproduction (Jones 1991).

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

At this time there is little or no commercial trade in Arabis

perstellata var. ampla or Arabis perstellata var. perstellata. Most

populations of the species are very small and cannot support the

collection of plants for scientific or other purposes. Collecting for

scientific purposes or as a novelty could pose a threat to the species.

C. Disease or Predation

Disease and predation do not appear to be factors affecting the

continued existence of the species at this time (Jones 1991).

D. The Inadequacy of Existing Regulatory Mechanisms

The large rock cress is listed as endangered in Tennessee by

Collins et al. (1978) and Somers (1989). Endangered species in

Tennessee receive some protection through the ``Rare Plant Protection

and Conservation Act of 1985'' (Tennessee Department of Conservation,

1987). The removal of plants from State properties for scientific,

educational, or propagative purposes is controlled, as is the

disturbance of the species on private lands without the landowner's

consent. There is no protection for the species if its presence

conflicts with public works projects (e.g., road building).

In Kentucky, the small rock cress is listed as endangered by the

Kentucky Academy of Science and Kentucky State Nature Preserves

Commission (Branson et al. 1981, Warren et al. 1986). These lists,

however, have no legal standing in the State

lands without the landowner's

consent. There is no protection for the species if its presence

conflicts with public works projects (e.g., road building).

In Kentucky, the small rock cress is listed as endangered by the

Kentucky Academy of Science and Kentucky State Nature Preserves

Commission (Branson et al. 1981, Warren et al. 1986). These lists,

however, have no legal standing in the State.

Should Arabis perstellata be added to the Federal list of

endangered and threatened species, additional protection from taking

will be provided to any populations of rock cress that may be

discovered on Federal land and to other populations when the taking is

in violation of any State law, including State trespass laws.

Protection from inappropriate commercial trade would also be provided.

E. Other Natural or Manmade Factors Affecting the Species' Continued

Existence

Both varieties of rock cress, Arabis perstellata var. ampla and

Arabis perstellata var. perstellata could be facing potential

inbreeding problems as neighboring populations decline.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by Arabis perstellata in determining to propose

this rule. Based on this evaluation, the preferred action is to list

Arabis perstellata as an endangered species. Both varieties of the

plant face imminent threats and are in danger of extinction throughout

their range. In accordance with the definition found in section 3(6) of

the Act, such a species would qualify for designation as endangered.

Proposing threatened status would not be consistent with the apparent

status of the species.

Critical Habitat

list

Arabis perstellata as an endangered species. Both varieties of the

plant face imminent threats and are in danger of extinction throughout

their range. In accordance with the definition found in section 3(6) of

the Act, such a species would qualify for designation as endangered.

Proposing threatened status would not be consistent with the apparent

status of the species.

Critical Habitat

Section 4(a)(3) of the Act, as amended, requires that, to the

maximum extent prudent and determinable, the Secretary designate any

habitat of a species, which is considered to be critical habitat, at

the time the species is determined to be endangered or threatened. The

Service's regulations (50 CFR 424.12(a)(1)) state that designation of

critical habitat is not prudent when one or both of the following

situations exist: (1) The species is threatened by taking or other

activity and the identification of critical habitat can be expected to

increase the degree of threat to the species or (2) such designation of

critical habitat would not be beneficial to the species. The Service

finds that designation of critical habitat is not prudent for this

species due to both situations.

Most populations of this species are small, and the loss of even a

few individuals to activities such as collection for scientific

purposes could extirpate the species from some locations. Taking,

without permits, is prohibited by the Act from locations under Federal

jurisdiction; however, none of the known populations of Arabis

perstellata is under Federal jurisdiction. Therefore, publication of a

critical habitat description and maps would increase the vulnerability

of the species without significantly increasing protection.

Regulations promulgated for the implementation of Section 7 of the

Act provide for both a ``jeopardy'' standard and a ``destruction or

adverse modification'' of critical habitat standard

rabis

perstellata is under Federal jurisdiction. Therefore, publication of a

critical habitat description and maps would increase the vulnerability

of the species without significantly increasing protection.

Regulations promulgated for the implementation of Section 7 of the

Act provide for both a ``jeopardy'' standard and a ``destruction or

adverse modification'' of critical habitat standard. Due to the highly

precarious status of this species, any significant adverse modification

or destruction of the species' habitat would also likely jeopardize the

species' continued existence, thereby triggering both standards.

Therefore, no additional protection for the plant would accrue from

critical habitat designation that would not also accrue from listing of

the species.

The owners and managers of all the known populations of Arabis

perstellata will be made aware of the plant's locations and of the

importance of protecting the plant and its habitat even though critical

habitat is not being designated. No additional benefits would result

from a determination of critical habitat. If listed, habitat protection

for this plant would be accomplished through the section 7 ``jeopardy''

standard and section 9 prohibitions against take.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Endangered Species Act include recognition,

recovery actions, requirements for Federal protection, and prohibitions

against certain practices. Recognition through listing encourages and

results in conservation actions by Federal, State, and private

agencies, groups, and individuals. The Endangered Species Act provides

for possible land acquisition and cooperation with the States and

requires that recovery actions be carried out for all listed species.

Such actions are initiated by the Service following listing. The

protection required of Federal agencies and the prohibitions against

taking are discussed, in part, below

ate, and private

agencies, groups, and individuals. The Endangered Species Act provides

for possible land acquisition and cooperation with the States and

requires that recovery actions be carried out for all listed species.

Such actions are initiated by the Service following listing. The

protection required of Federal agencies and the prohibitions against

taking are discussed, in part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(4) requires Federal agencies to confer

informally with the Service on any action that is likely to jeopardize

the continued existence of a proposed species or result in the

destruction or adverse modification of proposed critical habitat. If a

species is subsequently listed, section 7(a)(2) requires Federal

agencies to ensure that activities they authorize, fund, or carry out

are not likely to jeopardize the continued existence of such a species

or to destroy or adversely modify its critical habitat. If a Federal

action may affect a listed species or its critical habitat, the

responsible Federal agency must enter into formal consultation with the

Service.

All Arabis perstellata populations are on privately owned land or

in road rights-of-way. No current Federal actions have been identified

that would affect these plants. However, Federal involvement associated

with such actions as road construction may have limited potential for

affecting these plants in the future.

The Act and its implementing regulations found at 50 CFR 17.61,

17.62, and 17.63 set forth a series of general prohibitions and

exceptions that apply to all endangered plants. All trade prohibitions

of section 9(a)(2) of the Act, implemented by 50 CFR 17.61, would

apply

ent associated

with such actions as road construction may have limited potential for

affecting these plants in the future.

The Act and its implementing regulations found at 50 CFR 17.61,

17.62, and 17.63 set forth a series of general prohibitions and

exceptions that apply to all endangered plants. All trade prohibitions

of section 9(a)(2) of the Act, implemented by 50 CFR 17.61, would

apply. These prohibitions, in part, make it illegal for any person

subject to the jurisdiction of the United States to import or export,

transport in interstate or foreign commerce in the course of a

commercial activity, sell or offer for sale this species in interstate

or foreign commerce, or to remove and reduce to possession the species

from areas under Federal jurisdiction. In addition, for endangered

plants, the 1988 amendments (Pub. L. 100-478) to the Act prohibit the

malicious damage or destruction on Federal lands and the removal,

cutting, digging up, or damaging or destroying of endangered plants in

knowing violation of any State law or resolution, including State

criminal trespass law. Certain exceptions apply to agents of the

Service and State conservation agencies. The Act and 50 CFR 17.62 and

17.63 also provide for the issuance of permits to carry out otherwise

prohibited activities involving endangered species under certain

circumstances. It is anticipated that few trade permits would ever be

sought or issued because the species is not common in cultivation or in

the wild. Requests for copies of the regulations on listed plants and

inquiries regarding prohibitions and permits may be addressed to the

Office of Management Authority, U.S. Fish and Wildlife Service, 4401 N.

Fairfax Drive, Room 420-C, Arlington, Virginia 22203 (703/358-2104).

Public Comments Solicited

ts would ever be

sought or issued because the species is not common in cultivation or in

the wild. Requests for copies of the regulations on listed plants and

inquiries regarding prohibitions and permits may be addressed to the

Office of Management Authority, U.S. Fish and Wildlife Service, 4401 N.

Fairfax Drive, Room 420-C, Arlington, Virginia 22203 (703/358-2104).

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned government

agencies, the scientific community, industry, or any other interested

party concerning these proposed rules are hereby solicited. Comments

particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to Arabis perstellata;

(2) The location of any additional populations of Arabis

perstellata and the reasons why any habitat should or should not be

determined to be critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range and distribution of

this species; and

(4) Current or planned activities in the subject area and their

possible impacts on Arabis perstellata.

Final promulgation of regulations on Arabis perstellata will take

into consideration the comments and any additional information received

by the Service, and such communications may lead to the adoption of a

final regulation that differs from this proposal.

The Endangered Species Act provides for a public hearing on this

proposal, if requested. Requests must be filed within 45 days of the

date of this proposal. Such requests must be made in writing and should

be addressed to the Field Supervisor, Asheville Field Office, U.S. Fish

and Wildlife Service, 330 Ridgefield Court, Asheville, North Carolina

28806.

National Environmental Policy Act

sal.

The Endangered Species Act provides for a public hearing on this

proposal, if requested. Requests must be filed within 45 days of the

date of this proposal. Such requests must be made in writing and should

be addressed to the Field Supervisor, Asheville Field Office, U.S. Fish

and Wildlife Service, 330 Ridgefield Court, Asheville, North Carolina

28806.

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment, as defined under the authority of the National

Environmental Policy Act of 1969, need not be prepared in connection

with regulations adopted pursuant to section 4(a) of the Endangered

Species Act of 1973, as amended. A notice outlining the Service's

reasons for this determination was published in the Federal Register on

October 25, 1983 (48 FR 49244).

References Cited

Branson, B. A., D. F. Harker, Jr., J. M. Baskin, M. E. Medley, D. L.

Batch, M. L. Warren, Jr., W. H. Davis, W. C. Houtcooper, B. Monroe,

Jr., L. R. Phillippe, and P. Cupp. 1981. Endangered, threatened, and

rare animals and plants of Kentucky. Transactions of the Kentucky

Academy of Science 42:77-89.

Braun, E. L. 1940. New plants from Kentucky. Rhodora 42:47-49.

Collins, J. L., H. R. DeSelm, A. M. Evans, R. Kral, and B. E.

Wofford. 1978. The rare vascular plants of Tennessee. Journal of the

Tennessee Academy of Science 53:128-133.

Fernald, M. L. 1946. Identification and reidentifications of North

American Plants. Rhodora 48:207-216.

Jones, R. L. 1991. Status Survey Report on Arabis perstellata var.

perstellata. Unpublished report to the Asheville Field Office, U.S.

Fish and Wildlife Service, Asheville, North Carolina. 94 pp.

Kartesz, J., and R. Kartesz. 1980. A synonymized checklist of the

vascular flora of the United States, Canada, and Greenland.

University of North Carolina Press, Chapel Hill, North Carolina.

Rollins, R. 1960. Arabis perstellata in Tennessee. Rhodora 62:242-

244.

Somers, P. 1989. Revised list of the rare plants of Tennessee

ffice, U.S.

Fish and Wildlife Service, Asheville, North Carolina. 94 pp.

Kartesz, J., and R. Kartesz. 1980. A synonymized checklist of the

vascular flora of the United States, Canada, and Greenland.

University of North Carolina Press, Chapel Hill, North Carolina.

Rollins, R. 1960. Arabis perstellata in Tennessee. Rhodora 62:242-

244.

Somers, P. 1989. Revised list of the rare plants of Tennessee.

Journal of the Tennessee Academy of Science 64:179-184.

Tennessee Department of Conservation, Division of Ecological

Services. 1987. The rare plant protection and conservation act of

1985. Nashville, Tennessee.

Warren, M. L., Jr., W. H. Davis, Branson, R. R. Hannan, M. Evans, D.

L. Batch, B. D. Anderson, B. Palmer-Hall, Jr., J. R. MacGregor, R.

R. Cicerello, R. Athey, B. A. Branson, G. J. Fallo, B. M. Burr, M.

E. Medley, and J. M. Baskin. 1986. Endangered, threatened, and rare

plants and animals of Kentucky. Transactions of the Kentucky Academy

of Science 47:84-97.

Author

The primary author of these proposed rules is Mr. J. Allen

Ratzlaff, Asheville Field Office, U.S. Fish and Wildlife Service, 330

Ridgefield Court, Asheville, North Carolina 28806 (704/665-1195, Ext.

229).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulations Promulgation

Accordingly, the Service proposes to amend part 17, subchapter B of

chapter I, title 50 of the Code of Federal Regulations, as set forth

below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Sec. 17.12(h) is amended by adding the following, in

alphabetical order, under Brassicaceae, to the List of Endangered and

Threatened Plants, to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Sec. 17.12(h) is amended by adding the following, in

alphabetical order, under Brassicaceae, to the List of Endangered and

Threatened Plants, to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

----------------------------------------------------------------------------------------------------------------

Species

----------------------------------- Historic range Status When listed Critical Special rules

Scientific name Common name habitat

----------------------------------------------------------------------------------------------------------------

Brassicaceae--Mu

stard family:

* * * * * * *

Arabis Rock cress...... U.S.A. (TN, KY). E NA .............. NA

perstellata.

* * * * * * *

----------------------------------------------------------------------------------------------------------------

Dated: December 2, 1993.

Richard N. Smith,

Acting Director, Fish and Wildlife Service

[FR Doc. 93-32077 Filed 12-30-93; 8:45 am]

BILLING CODE 4310-55-P