[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Rules and Regulations]
[Pages 59239-59244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29303]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE37


Endangered and Threatened Wildlife and Plants; Determination of 
Threatened Status for Virginia Sneezeweed (Helenium virginicum), a 
Plant From the Shenandoah Valley of Virginia

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service or we) determines 
Helenium virginicum (Virginia sneezeweed) to be a threatened species, 
under the authority of the Endangered Species Act of 1973, as amended 
(Act). This rare plant is restricted to seasonally inundated sinkhole 
ponds and meadows in Augusta and Rockingham counties, Virginia. Five of 
the 25 known extant populations are on United States Forest Service 
land; the others are on private land. This perennial plant is 
threatened by residential development, incompatible agricultural 
practices, filling and ditching of its wetland habitat and other 
disruptions of its habitat and the hydrology that maintains it. 
Helenium virginicum is listed as endangered by the State of Virginia. 
This rule implements Federal protection and recovery provisions 
afforded by the Act for this species.

DATES: This rule is effective December 3, 1998.

ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, during normal business hours at the United 
States Fish and Wildlife Service, Chesapeake Bay Field Office, 177 
Admiral Cochrane Drive, Annapolis, MD 21401.

FOR FURTHER INFORMATION CONTACT: Andy Moser, at the above address or by 
telephone (410/573-4537).

SUPPLEMENTARY INFORMATION:

Background

    Helenium virginicum (Virginia sneezeweed) is a perennial plant and 
a member of the aster family (Asteraceae) known only from Augusta and

[[Page 59240]]

Rockingham counties, Virginia. The common name, sneezeweed, is based on 
the use of the dried leaves of these plants in making snuff, inhaled to 
cause sneezing that would supposedly rid the body of evil spirits 
(Niering 1979). Helenium virginicum stems grow to a height of 4 to 11 
decimeters (1.5 to 3.5 feet) above a rosette of basal leaves. Coarse 
hairs are visible on the basal and lower stem leaves. The basal leaves 
may be broad in the middle tapering toward the ends, but otherwise may 
appear oblong. Stem leaves are lance-shaped, and become progressively 
smaller from the base to the tip of the stem. The stems are winged, the 
wings being continuous with the base of the stem leaves. The flower ray 
petals are yellow, and wedge-shaped with three lobes at the ends. The 
central disk of the flower is nearly ball-shaped. Flowering occurs from 
July to October (Virginia Department of Conservation and Recreation 
1995).
    Helenium virginicum is similar to common sneezeweed (Helenium 
autumnale), but differs in having a sparsely-leaved stem, larger basal 
leaves, and longer pappus scales (appendages which crown the ovary or 
fruit). It is also differentiated by leaf shape, stem and leaf hairs, 
and habitat requirements. Comparison of morphological and ecological 
characters with plants in common gardens and transplant sites (Knox et 
al. 1995) clearly demonstrated that H. virginicum and H. autumnale were 
two distinct species.
    S.F. Blake first described Helenium virginicum in 1936 from 
specimens collected near Stuart's Draft, Virginia. The species is a 
wetland plant found on the shores of shallow, seasonally flooded ponds 
in Virginia's Shenandoah Valley. From 1985 through 1995, extensive 
status survey work was conducted for H. virginicum in over 100 
limestone sinkhole ponds along the western edge of the Blue Ridge 
Mountains in the Shenandoah Valley of Virginia. A total of 28 separate 
populations were located during these surveys.
    In addition, one Helenium population with similarities to H. 
virginicum has been found near Pomona, Missouri. This population was 
originally described as a hybrid between H. autumnale and H. flexuosum 
(Steyermark 1960). However a recent study (Knox et al. 1995) shows that 
this population of Helenium shares 12 of 15 morphological characters 
with H. virginicum, but indicates that more genetic and evolutionary 
study is necessary to clarify the relationship of this population with 
H. virginicum. Should further studies demonstrate that this population 
is H. virginicum, the existence of this single additional population 
would not significantly change the status of the species or the need to 
list it. Because this region of Missouri has been extensively surveyed 
over many years, it is unlikely that any additional H. virginicum-like 
populations occur there (G. Yatskievych, Missouri Dept. of 
Conservation, pers. comm. 1997).
    The ponds supporting H. virginicum range in size from less than 
0.04 hectare (ha) (0.1 acre (ac)) to 3 ha (8 ac) and are seasonally 
flooded or semi-permanent bodies of water. These ponds have poorly 
drained, acidic, silty loam soils, and are typically flooded from 
January through July.
    Helenium virginicum is adapted to survive the water level 
fluctuations of the seasonal ponds, giving it a competitive advantage 
in this habitat. From year to year, the number of H. virginicum plants 
at any given site may vary greatly. A high water level one year may 
leave the ponds flooded, resulting in less shoreline for plants to 
become established or to survive. However, a high water level also 
eliminates the invading shrubs and trees that may compete with H. 
virginicum on the pond shores. When the water level is lower, more pond 
shore is exposed and the surviving plants and the seeds stored in the 
soil enable the H. virginicum populations to rebound (Virginia 
Department of Conservation and Recreation 1995).
    Helenium virginicum disperses seeds in late fall and winter; the 
seeds germinate in late summer or early fall of the following year if 
conditions are suitable. Seeds will not germinate in the dark or under 
a standing column of water. In the first year of growth, the plant 
exists as a basal rosette with a diffuse root system. Plants seem to 
grow year-round, even while submerged. Flowering usually does not occur 
until the plant is more than 1 year old. Helenium virginicum forms one 
aerial stem bearing several flower heads during the first flowering 
season; in subsequent years it may form several flowering stems in a 
season. Plants may live for 5 years, flowering in consecutive years 
(J.S. Knox, Washington and Lee University, pers. comm. 1997).
    Of the 28 populations of Helenium virginicum identified during the 
10-year survey period, 25 are currently extant. The remaining three 
populations, where no H. virginicum have been seen in recent years, may 
be extirpated. Of the 25 extant populations, 5 are on U.S. Forest 
Service land and the remaining 20 are on private lands. The most recent 
status report (Van Alstine 1996) provides an excellent review of the 
status and trends for the species. The report indicates that the 
majority of sites on private land are in wetlands and continue to have 
a range of disturbances and threats including ditching, filling, 
mowing, and grazing.

Previous Federal Action

    Federal government actions on this species began on November 28, 
1983, when we published a notice of review in the Federal Register (48 
FR 53640) covering all native plants being considered for listing as 
endangered or threatened. We included Helenium virginicum in that 
notice as a category 2 species. We defined category 2 candidates as 
those taxa for which we had information indicating that listing may be 
warranted but for which we lacked sufficient information on status and 
threats to support issuance of proposed listing rules. We subsequently 
retained it as a category 2 species when we revised the Notice of 
Review for Native Plants in 1985 (50 FR 39526), and again in 1990 (55 
FR 61184).
    In 1985, The Nature Conservancy conducted status surveys of 
Helenium virginicum and numerous other rare plant species. Their final 
report, dated October 20, 1986, recommended threatened status for this 
plant but indicated that additional ponds should be checked for the 
presence of this species.
    In 1990 and 1991, the Virginia Department of Conservation and 
Recreation's Division of Natural Heritage (VDCRDNH) conducted further 
fieldwork, funded in part by us, to locate additional Helenium 
virginicum populations. The VDCRDNH conducted an exhaustive search and 
discovered seven additional locations of the species, but three of 
these locations contained very few individuals. Based largely on this 
new information, we designated H. virginicum as a category 1 candidate 
when we revised the Notice of Review for Plant Taxa in 1993 (58 FR 
51144). We defined category 1 candidates as those taxa for which we had 
on file sufficient information on biological vulnerability and threats 
to support preparation of listing proposals. Upon publication of the 
February 28, 1996, notice of review (61 FR 7596), we ceased using 
category designations and included H. virginicum as a candidate 
species. Candidate species are those taxa for which we have on file 
sufficient information on biological vulnerability and threats to 
support proposals to list the species as threatened or endangered.
    We published a proposed rule to list H. virginicum as threatened in 
the

[[Page 59241]]

Federal Register on September 29, 1997 (62 FR 50896).

Summary of Comments and Recommendations

    In the September 29, 1997, proposed rule (62 FR 50896) and 
associated notifications, we requested all interested parties to submit 
factual reports or information that might contribute to the development 
of a final rule. We contacted appropriate State and Federal agencies 
and representatives, county governments, scientific organizations, and 
other interested parties and requested comments. We published legal 
notices soliciting comments in three Virginia newspapers--the 
Harrisonburg News-Record on October 17, 1997, the Staunton News-Leader 
on October 12, 1997, and the Waynesboro News-Virginian on October 10, 
1997.
    Six individuals and organizations submitted comment letters. Two 
peer reviewers supported the listing and provided additional pertinent 
information which we incorporated into the final rule. The U.S. Forest 
Service and the Virginia Department of Agriculture and Consumer 
Services supported listing, the Virginia Department of Transportation 
was neutral, and the Pacific Legal Foundation opposed listing. One 
private landowner commented by telephone, but neither supported nor 
opposed the listing.
    The following summary includes responses to all substantive written 
and oral comments we received during the comment period.
    Issue 1: One commenter stated that we lack authority under the Act 
pursuant to the Commerce Clause of Article 1, Section 8 of the United 
States Constitution to regulate this plant species because ``the Fish 
and Wildlife Service must show that regulation of these plants will 
address activities that bear a substantial relation to or substantially 
affect interstate commerce'' and ``based upon the information contained 
in the Proposed Rule, regulation of the Virginia sneezeweed does not 
bear a connection to impacts upon interstate commerce.''
    Response: A recent decision in the United States Court of Appeals 
for the District of Columbia Circuit (National Association of 
Homebuilders v. Babbitt, 130 F. 3d 1041, D.C. Cir. 1997) makes it clear 
in its application of the test used in the United States Supreme Court 
case, United States v. Lopez, 514 U.S. 549 (1995), that regulation of 
species limited to one State under the Act is within Congress' commerce 
clause power. On June 22, 1998, the Supreme Court declined to accept an 
appeal of this case (118 S. Ct. 2340 1998). Therefore, our application 
of the Act to Helenium virginicum, a plant endemic to only two counties 
in the Commonwealth of Virginia, is constitutional.
    In addition to the reasons supporting the constitutionality of the 
ESA itself which were discussed in Homebuilders, the past, current, and 
potentially future use of Helenium virginicum habitat for agriculture 
and cattle production, residential development and roads and highways 
are activities which affect interstate commerce. The specimens in 
botanical collections around the country directly traveled via the 
channels or instrumentalities of interstate commerce as well as the 
scientists and others who have traveled interstate to study or observe 
the species.
    Issue 2: One commenter expressed concern about the uncertainties 
involved in wetland delineation and the potential effects of listing 
Helenium virginicum on the regulation of private landowners.
    Response: Listing of Helenium virginicum will not affect the 
guidelines and methodologies for delineating wetlands. Listing, 
however, will require Federal regulatory agencies, primarily the Army 
Corps of Engineers (Corps), to insure that their actions, including the 
issuance of wetland permits under section 404 of the Clean Water Act, 
do not jeopardize the continued existence of this species. In some 
cases, the Corps may require private landowners applying for permits to 
reduce the scope or extent of their proposed wetland fill projects if 
the fill would adversely affect the species.

Summary of Factors Affecting the Species

    Section 4 of the Act (16 U.S.C. 1513) and regulations (50 CFR part 
424) we promulgated to implement the listing provisions of the Act set 
forth the procedures for adding species to the Federal lists. We 
determine a species 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 Helenium virginicum (Virginia 
sneezeweed) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of its Habitat or Range

    Habitat modification is the principal threat to Helenium 
virginicum. The species is threatened by residential development, 
incompatible agricultural practices, filling and ditching of wetland 
habitats, groundwater withdrawal, and other disruptions of hydrology. 
Because the survival and maintenance of H. virginicum populations 
depend on seasonal water level fluctuations, either wetland drainage or 
increases in the time of inundation may cause high levels of mortality. 
Of the 18 populations visited in 1995, 8 were located in relatively 
undisturbed wetlands, while the remaining 10 were in wetlands altered 
by ditching, mowing, grazing or filling (Van Alstine 1996). At least 
four of the sites where the species has dramatically declined in recent 
years have modified hydrology (Van Alstine and Ludwig 1991). Three of 
these sites have been either ditched or filled, thereby shortening or 
eliminating the wet phase.
    Among the most threatened populations of Helenium virginicum are 
those in the area south and southwest of Lyndhurst, Virginia, where 
land use is increasingly being converted from agricultural to 
residential. Increased drainage control which accompanies such 
development will adversely affect many of the sites located on or near 
agricultural lands over the next 10 years (Van Alstine and Ludwig 
1991).
    One proposed project, the widening of Route 340 in Augusta County 
from two to four lanes, could have severe impacts on one of the largest 
populations of Helenium virginicum. However, it may be possible to 
avoid or reduce impacts by careful routing of the highway, controlling 
runoff, and maintaining current hydrology.
    Cattle grazing and mowing affect many of the sites supporting the 
species. In general, moderate levels of grazing and mowing appear to be 
beneficial, since populations at several regularly grazed or mowed 
sites are among the largest and best established. Nonetheless, there is 
a potential that frequent, or poorly timed mowing (and perhaps 
overgrazing) could have a long-term adverse effect on the species by 
interfering with flowering and seed production (Van Alstine and Ludwig 
1991).

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Other species in the genus Helenium have been shown to contain 
compounds with antitumor properties. However, there is no information 
to show that Helenium virginicum is in commercial trade for these 
compounds. Overcollection has not been documented as a problem for the 
species. Most collections, to date, have been for scientific purposes; 
scientists have collected specimens from locally large populations 
which can tolerate these low levels of collection.

[[Page 59242]]

Overcollection could become a problem at some of the sites supporting 
smaller populations of H. virginicum.

C. Disease or Predation

    We believe disease and predation currently are not factors 
affecting the continued existence of Helenium virginicum. We believe 
the effects of grazing on the species are mostly positive, because most 
grazers appear to feed preferentially on competing vegetation while 
avoiding H. virginicum. We do not know the effects of long-term heavy 
grazing.

D. The Inadequacy of Existing Regulatory Mechanisms

    The State of Virginia currently lists Helenium virginicum as an 
endangered species. State law prohibits the taking of this species from 
State or private lands without consent of the landowner but does not 
protect the species' habitat. Section 404 of the Clean Water Act 
provides some regulation of the species' wetland habitats. These 
regulations have not prevented draining and filling of sites supporting 
the species. Therefore, existing regulations appear to be inadequate to 
protect the species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    Invasion of an exotic species, purple loosestrife (Lythrum 
salicaria), is a potential threat to Helenium virginicum. Purple 
loosestrife is slowly extending its range throughout freshwater wetland 
areas in Virginia and may invade H. virginicum habitats. Climate 
changes (either natural or human-caused) are also a potential threat to 
the species. Several consecutive years of unusually wet or unusually 
dry weather can dramatically lower population numbers. Based on his 
long-term demographic study of one H. virginicum site, Knox (1997) 
suggests that H. virginicum is naturally at high risk of local 
extinction as a result of such events. Helenium virginicum is not self-
fertilizing, and small populations are at risk of extirpation due to 
limited availability of compatible mates (Messmore and Knox 1997).
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
faced by this species in determining to issue this final rule. Based on 
this evaluation, our preferred action is to list Helenium virginicum as 
a threatened species. This species is faced with increasing threats 
from loss and degradation of habitat due to development and related 
changes in hydrology as well as other activities incompatible with the 
species' long-term survival. These threats are compounded by the 
species' restricted range and small number of populations. While not in 
immediate danger of extinction, H. virginicum is likely to become so in 
the foreseeable future. In accordance with the definitions for 
endangered and threatened species found in section 3 of the Act, 
threatened is the most appropriate classification for H. virginicum.

Critical Habitat

    Section 3 of the Act defines critical habitat as: (i) The specific 
areas within the geographical area occupied by a species, at the time 
it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management consideration 
or protection and; (ii) specific areas outside the geographical area 
occupied by a species at the time it is listed, upon a determination 
that such areas are essential for conservation of the species. 
``Conservation'' means the use of all methods and procedures needed to 
bring the species to the point at which listing under the Act is no 
longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, we designate critical habitat at the time the species 
is determined to be endangered or threatened. We find that designation 
of critical habitat is not prudent for Helenium virginicum. Our 
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 human activity, 
and 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.
    Twenty of the 25 known extant populations of Helenium virginicum 
are on private land. Most of these populations are located near or 
adjacent to residential areas or public roads. The remaining five 
populations, located on Forest Service land, are easily accessed by 
existing roads. The publication of precise maps and descriptions of 
critical habitat in the Federal Register, as required in a proposal for 
critical habitat, would make this plant vulnerable to incidents of 
collection and vandalism and, therefore, could contribute to the 
decline of the species. Although we do not know that collectors 
currently seek this species, related members of the genus are 
commercially cultivated and at least one member of the genus, H. 
amarum, has been shown to contain compounds of possible medicinal 
value. The listing of this species as threatened also publicizes its 
rarity and, thus, may make this plant more attractive to researchers, 
collectors, and those wishing to see rare plants. The potential 
desirability and the accessibility and vulnerability of the species, 
therefore, could make the plants subject to collection and vandalism if 
we publicized their precise locations.
    In addition, critical habitat designation for Helenium virginicum 
is not prudent due to lack of benefit. Five of the species' 25 known 
extant populations occur on Federal land in the George Washington and 
Jefferson National Forest. The Forest Service is aware of the locations 
of these populations and has protected four of them through designation 
of the sites as Special Interest Areas (Biological). The Forest Service 
likely will protect the fifth population, discovered more recently, by 
designating the site as a Special Interest Area also. The Forest 
Service has indicated a commitment to assisting in the recovery of this 
species by protecting these sites. In the unlikely event that the 
Forest Service would plan an activity that could potentially affect a 
population, it is highly likely that if the activity would cause 
adverse modification of critical habitat, it would also cause jeopardy 
to the species. Therefore, the designation of critical habitat on 
Federal lands would not provide greater protection for this species or 
its habitat than that provided by listing.
    The remaining 20 of the 25 known extant populations of Helenium 
virginicum are located on private lands. We informed the owners and 
managers of these private lands of the population locations and of the 
importance of protecting the species and its habitat. It is highly 
likely that an activity on private land involving Federal permitting or 
funding which causes adverse modification of critical habitat would 
also cause jeopardy to the species. For this reason, the designation of 
critical habitat on private lands would not provide greater protection 
for this species or its habitat than that provided by listing. As 
outlined above, the designation of critical habitat could cause 
additional threats but likely would provide no additional benefits for 
the species. Therefore, the Service concludes that designation of 
critical habitat for H. virginicum is not prudent.

[[Page 59243]]

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
activities. Recognition through listing encourages and results in 
conservation actions by Federal, State, and local agencies, private 
organizations, and individuals. The Act provides for possible land 
acquisition and cooperation with the States and requires that recovery 
plans be developed for all listed species. The protection required of 
Federal agencies and the prohibitions against certain activities 
involving listed plants are discussed, in part, below.
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is listed or proposed for 
listing as endangered or threatened and with respect to those species' 
designated or proposed critical habitat, if any. Regulations 
implementing this interagency cooperation provision of the Act are 
codified at 50 CFR part 402. Section 7(a)(4) of the Act requires 
Federal agencies to confer with us 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 listed subsequently, 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 Federal 
agency must enter into formal consultation with us. Federal agency 
actions that may require conference and/or consultation include Forest 
Service land management activities and Corps permitting of projects 
such as road construction and filling of wetlands subject to section 
404 of the Clean Water Act (33 U.S.C. 1344 et seq.).
    The Act and its implementing regulations set forth a series of 
general trade prohibitions and exceptions that apply to all threatened 
plants. All prohibitions of section 9(a)(2) of the Act, implemented by 
50 CFR 17.71, 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 in interstate or foreign 
commerce, or remove and reduce the species to possession from areas 
under Federal jurisdiction. In addition, for plants listed as 
endangered, the Act prohibits the malicious damage or destruction on 
areas under Federal jurisdiction and the removal, cutting, digging up, 
or damaging or destroying of such plants in knowing violation of any 
State law or regulation, including State criminal trespass law. Section 
4(d) of the Act allows for the provision of such protection to 
threatened species through regulation. The protection may apply to this 
species in the future if regulations are promulgated. Seeds from 
cultivated specimens of threatened plants are exempt from these 
prohibitions provided that their containers are marked ``Of Cultivated 
Origin.'' Certain exceptions to the prohibitions apply to agents of the 
Service and State conservation agencies.
    The Act and 50 CFR 17.72 also provide for the issuance of permits 
to carry out otherwise prohibited activities involving threatened 
plants under certain circumstances. Such permits are available for 
scientific purposes and to enhance the propagation or survival of the 
species. For threatened plants, permits are also available for 
botanical or horticultural exhibition, education purposes, or special 
purposes consistent with the purposes of the Act. In the case of 
Helenium virginicum, we anticipate that few, if any, trade permits 
would ever be sought or issued since the species is not common in 
cultivation nor in the wild.
    It is our policy published in the Federal Register on July 1, 1994 
(59 FR 34272), to identify to the maximum extent practicable at the 
time we list a species those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of this listing on 
proposed and ongoing activities within the species' range. Collection, 
damage, or destruction of listed species on Federal lands is 
prohibited, although in appropriate cases a Federal endangered species 
permit may be issued to allow collection. Such activities on non-
Federal lands would constitute a violation of section 9, if conducted 
in knowing violation of State law or regulations or in violation of 
State criminal trespass law. We are not aware of any otherwise lawful 
activities being conducted or proposed by the public that would affect 
Helenium virginicum and result in a violation of section 9. You should 
direct questions regarding whether specific activities would constitute 
a violation of section 9 to the Field Supervisor of our Chesapeake Bay 
Field Office (see ADDRESSES section).
    You should direct requests for copies of the regulations concerning 
listed plants and general inquiries regarding prohibitions and permits 
to the Federal Wildlife Permit Office, U.S. Fish and Wildlife Service, 
Washington, D.C. 20240 (703/235-1903).

National Environmental Policy Act

    We have determined that we do not need to prepare Environmental 
Assessments and Environmental Impact Statements, as defined under the 
authority of the National Environmental Policy Act of 1969, in 
connection with regulations adopted pursuant to section 4(a) of the 
Endangered Species Act of 1973, as amended. We published a notice 
outlining our reasons for this determination in the Federal Register on 
October 25, 1983 (48 FR 49244).

Required Determinations

    This rule does not contain any new collections of information other 
than those already approved under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., and assigned Office of Management and Budget 
clearance number 1018-0094. An agency may not conduct or sponsor, and a 
person is not required to respond to a collection of information, 
unless it displays a currently valid control number. For additional 
information concerning permit and associated requirements for 
threatened species, see 50 CFR 17.32.

References Cited

Blake, S.F. 1936. A New Helenium from Virginia. Claytonia 3(2): 13-
15.
Knox, J.S. 1997. A Nine Year Demographic Study of Helenium 
virginicum (Asteraceae), a Narrow Endemic Seasonal Wetland Plant. J. 
Torrey Bot. Soc. 124(3): 236-245.
Knox, J.S., M.J. Gutowski, D.C. Marshall, and O.G. Rand. 1995. Tests 
of the Genetic Bases of Character Differences between Helenium 
virginicum and H. autumnale Using Common Gardens and Transplant 
Studies. Syst. Bot. 20: 120-131.
Messmore, N.A. and J.S. Knox. 1997. The Breeding System of the 
Narrow Endemic, Helenium virginicum Asteraceae). J. Torrey Bot. Soc. 
124(4): 318-321.
Niering, W.A. 1979. The Audubon Society Field Guide to North 
American Wildflowers--Eastern Region. Alfred A. Knopf, New York. p. 
383.
Steyermark, J.A. 1960. An Unusual Hybrid Helenium. Rhodora 62: 343-
346.
Van Alstine, N.E. 1996. A Reassessment of the Status of the Helenium 
virginicum Populations in the Shenandoah Valley of Virginia. Natural 
Heritage Technical Report 96-6. VA Dept. of Conservation and 
Recreation, Richmond, VA. Unpublished report to the U.S. Fish and 
Wildlife Service. 36pp.
Van Alstine, N.E., and J.C. Ludwig. 1991. Natural Heritage 
Inventory: Helenium

[[Page 59244]]

virginicum. 1990 Final Report. VA Dept. of Conservation and 
Recreation, Div. of Natural Heritage, Richmond, VA. Unpublished 
report. 50pp.
Virginia Department of Conservation and Recreation. 1995. Natural 
Resources Fact Sheet--Virginia Sneezeweed (Helenium virginicum). VA 
Dept. of Conservation and Recreation, Richmond, VA. 2pp.

    Author: The primary author of this final rule is Andy Moser, 
Chesapeake Bay Field office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, the Service amends part 17, subchapter B of chapter I, 
title 50 of the Code of Federal Regulations, as follows:

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. Section 17.12(h) is amended by adding the following, in 
alphabetical order under FLOWERING PLANTS, to the List of Endangered 
and Threatened Plants:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species
--------------------------------------------------------    Historic range        Family name          Status      When listed    Critical     Special
         Scientific name                Common name                                                                               habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Flowering Plants
          *                  *                  *                  *                  *                  *                  *
Helenium virginicum .............  Virginia sneezeweed.  U.S.A. (VA)........  Asteraceae.........  T                       652           NA           NA
          *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: October 16, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-29303 Filed 11-2-98; 8:45 am]
BILLING CODE 4310-55-P