[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32077]

[[Page Unknown]]

[Federal Register: January 3, 1994]


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.


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 

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).



    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. Fruits mature from mid-May to early June. Their oblong 
seeds are reddish brown; somewhat flattened; about 1 mm (0.04 inch) 
long; and, in places, minutely hairy (Jones 1991).
    Arabis perstellata was named by E. L. Braun from plants collected 
between 1936 and 1939 on wooded hillsides along Elkhorn Creek in 
Franklin County, Kentucky. Braun (1940) distinguished the new taxon 
from the similar Arabis dentata (Torr.) T. & G. (now called Arabis 
shortii [Fern.] Gleason) by its perennial habit; grayer, stellate 
pubescence of stems and leaves; and longer pedicels. Fernald (1946) 
treated A. shortii as a variety of A. perstellata, though it is now 
generally accepted that they represent two species (Kartesz and Kartesz 
1980). In 1959, plants were discovered on steep limestone cliffs above 
the Stones River in Davidson County, Tennessee, by Dr. R. B. Channel. 
Rollins (1960) described these plants as Arabis perstellata var. ampla 
and distinguished them from the typical variety by their generally 
larger size, thinner and more entire leaves, and lesser pubescence. 
Rollins also reported the chromosome number of the Tennessee plants as 
n=7; the chromosome number of the Kentucky plants has yet to be 
    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 
(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. 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. 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. 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 

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).

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.
    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 

    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

    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. 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.
    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 
    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. 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

    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 

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-
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.


    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. 

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 


    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.

* * * * *
    (h) * * * 

-----------------------------------  Historic range     Status     When listed       Critical     Special rules 
Scientific name     Common name                                                      habitat                    
 stard family:                                                                                                  
                                                  * * * * * * *                                                 
    Arabis        Rock cress......  U.S.A. (TN, KY).  E                       NA  ..............              NA
                                                 * * * * * * *                                                  

    Dated: December 2, 1993.
Richard N. Smith,
Acting Director, Fish and Wildlife Service
[FR Doc. 93-32077 Filed 12-30-93; 8:45 am]