[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Proposed Rules]
[Pages 47060-47108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18456]



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Vol. 78

Friday,

No. 149

August 2, 2013

Part II





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 17





 Endangered and Threatened Wildlife and Plants; Designation of Critical 
Habitat for Physaria globosa (Short's bladderpod), Helianthus 
verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy-
fruit Gladecress); Endangered and Threatened Wildlife and Plants; 
Endangered Status for Physaria globosa (Short's bladderpod), Helianthus 
verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy-
fruit gladecress); Proposed Rules

  Federal Register / Vol. 78 , No. 149 / Friday, August 2, 2013 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2013-0086; 4500030114]
RIN 1018-AZ60


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for Physaria globosa (Short's bladderpod), Helianthus 
verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy-
fruit gladecress)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, propose to designate 
critical habitat for Physaria globosa (Short's bladderpod), Helianthus 
verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy-
fruit gladecress) under the Endangered Species Act of 1973, as amended 
(Act). If we finalize this rule as proposed, it would extend the Act's 
protections to the habitats of Physaria globosa (Short's bladderpod), 
Helianthus verticillatus (whorled sunflower), and Leavenworthia crassa 
(fleshy-fruit gladecress) to conserve these habitats under the Act.

DATES: We will accept comments received or postmarked on or before 
October 1, 2013. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES section, below) must be received by 
11:59 p.m. Eastern Time on the closing date. We must receive requests 
for public hearings, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by September 16, 2013.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search field, enter Docket No. FWS-R4-ES-
2013-0086, which is the docket number for this rulemaking. Then, in the 
Search panel on the left side of the screen, under the Document Type 
heading, click on the Proposed Rules link to locate this document. You 
may submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R4-ES-2013-0086; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Information Requested section below for more information).
    The coordinates or plot points or both from which the maps are 
generated are included in the administrative record for this critical 
habitat designation and are available at http://www.fws.gov/cookeville, 
at http://www.regulations.gov at Docket No. FWS-R4-ES-2013-0086, and at 
the Tennessee Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT). Any additional tools or supporting information 
that we may develop for this critical habitat designation will also be 
available at the Fish and Wildlife Service Web site and Field Office 
set out above, and may also be included in the preamble and/or at 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mary E. Jennings, Field Supervisor, 
U.S. Fish and Wildlife Service, Tennessee Ecological Services Fish and 
Wildlife Office, 446 Neal Street, Cookeville, TN 38501; telephone 931-
528-6481. If you use a telecommunications device for the deaf (TDD), 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

    Why we need to publish a rule. Critical habitat shall be 
designated, to the maximum extent prudent and determinable, for any 
species determined to be an endangered or threatened species under the 
Act. Designations and revisions of critical habitat can only be 
completed by issuing a rule. Elsewhere in today's Federal Register, we 
propose to list Physaria globosa (Short's bladderpod), Helianthus 
verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy-
fruit gladecress) as endangered species under the Act.
    This rule consists of a proposed critical habitat designation for 
Physaria globosa (Short's bladderpod), Helianthus verticillatus 
(whorled sunflower), and Leavenworthia crassa (fleshy-fruit gladecress) 
under the Act.
    The basis for our action. Under the Act, to the maximum extent 
prudent and determinable, we must designate critical habitat for a 
species concurrently with listing the species as endangered or 
threatened. These three plant species are proposed for listing as 
endangered, and therefore we also propose to:
     Designate approximately 373 hectares (ha) (925.5 acres 
(ac)) of critical habitat for Short's bladderpod in Posey County, 
Indiana; Clark, Franklin, and Woodford Counties, Kentucky; and 
Cheatham, Davidson, Dickson, Jackson, Montgomery, Smith, and Trousdale 
Counties, Tennessee.
     Designate approximately 624 ha (1,542 ac) of critical 
habitat for whorled sunflower in Cherokee County, Alabama; Floyd 
County, Georgia; and Madison and McNairy Counties, Tennessee.
     Designate approximately 8.4 ha (20.5 ac) of critical 
habitat for fleshy-fruit gladecress in Lawrence and Morgan Counties, 
Alabama.
    We will seek peer review. We are seeking comments from independent 
specialists to ensure that our critical habitat proposal is based on 
scientifically sound data and analyses. We have invited these peer 
reviewers to comment on our specific assumptions and conclusions in 
this critical habitat proposal. Because we will consider all comments 
and information we receive during the comment period, our final 
determinations may differ from this proposal.

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other concerned government agencies, the 
scientific community, industry, or any other interested party 
concerning this proposed rule. We particularly seek comments 
concerning:
    (1) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act including whether there 
are threats to the species from human activity, the degree of which can 
be expected to increase due to the designation, and whether that 
increase in threat outweighs the benefit of designation such that the 
designation of critical habitat may not be prudent.
    (2) Specific information on:
    (a) The amount and distribution of Short's bladderpod, whorled 
sunflower, or fleshy-fruit gladecress habitat;
    (b) What areas, that were occupied at the time of listing (or are 
currently occupied) and that contain features essential to the 
conservation of the species, should be included in the designation and 
why;

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    (c) Special management considerations or protection that may be 
needed in critical habitat areas we are proposing, including managing 
for the potential effects of climate change; and
    (d) What areas not occupied at the time of listing are essential 
for the conservation of the species and why.
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (4) Information on the projected and reasonably likely impacts of 
climate change on Short's bladderpod, whorled sunflower, fleshy-fruit 
gladecress, and proposed critical habitat.
    (5) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designation; in particular, we seek information on any impacts on small 
entities or families, and the benefits of including or excluding areas 
that exhibit these impacts.
    (6) Whether any specific areas we are proposing for critical 
habitat designation should be considered for exclusion under section 
4(b)(2) of the Act, and whether the benefits of potentially excluding 
any specific area outweigh the benefits of including that area under 
section 4(b)(2) of the Act.
    (7) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in the ADDRESSES section.
    We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. You may request 
at the top of your document that we withhold personal information such 
as your street address, phone number, or email address from public 
review; however, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Tennessee Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT).

Previous Federal Actions

    All previous Federal actions are described in the proposed rule to 
list Short's bladderpod, whorled sunflower, and fleshy-fruit gladecress 
as endangered species under the Act, published elsewhere in today's 
Federal Register.

Background

    It is our intent to discuss below only those topics directly 
relevant to the designation of critical habitat for Short's bladderpod, 
whorled sunflower, and the fleshy-fruit gladecress. For information 
related to the listing of these species, see the proposed rule to list 
these species as endangered, published elsewhere in today's Federal 
Register.

Critical Habitat

Background

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographic area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features:
    (a) Essential to the conservation of the species, and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by the 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that Federal agencies ensure, in consultation 
with the Service, that any action they authorize, fund, or carry out is 
not likely to result in the destruction or adverse modification of 
critical habitat. The designation of critical habitat does not affect 
land ownership or establish a refuge, wilderness, reserve, preserve, or 
other conservation area. Such designation does not allow the government 
or public to access private lands. Such designation does not require 
implementation of restoration, recovery, or enhancement measures by 
non-Federal landowners. Where a landowner requests Federal agency 
funding or authorization for an action that may affect a listed species 
or critical habitat, the consultation requirements of section 7(a)(2) 
of the Act would apply, but even in the event of a destruction or 
adverse modification finding, the obligation of the Federal action 
agency and the landowner is not to restore or recover the species, but 
to implement reasonable and prudent alternatives to avoid destruction 
or adverse modification of critical habitat.
    Under the first prong of the Act's definition of critical habitat, 
areas within the geographical area occupied by the species at the time 
it was listed are included in a critical habitat designation if they 
contain physical or biological features (1) which are essential to the 
conservation of the species and (2) which may require special 
management considerations or protection. For these areas, critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, those physical or biological 
features that are essential to the conservation of the species (such as 
space, food, cover, and protected habitat). In identifying those 
physical and biological features within an area, we focus on the 
principal biological or physical constituent elements (primary 
constituent elements such as roost sites, nesting grounds, seasonal 
wetlands, water quality, tide, soil type) that are essential to the 
conservation of the species. Primary constituent elements are those 
specific elements of the physical or biological features that provide 
for a species' life-history processes and are essential to the 
conservation of the species.
    Under the second prong of the Act's definition of critical habitat, 
we can designate critical habitat in areas outside the geographical 
area occupied by the species at the time it is listed, upon a 
determination that such areas are essential for the conservation of the 
species. For example, an area currently occupied by the species but 
that was not occupied at the time of listing may be essential to the 
conservation of the species and may be included in the critical habitat 
designation. We designate critical habitat in areas outside the 
geographical area occupied by a species only when a designation

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limited to its range would be inadequate to ensure the conservation of 
the species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Further, our Policy on 
Information Standards Under the Act (published in the Federal Register 
on July 1, 1994 (59 FR 34271)), the Information Quality Act (section 
515 of the Treasury and General Government Appropriations Act for 
Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), and our associated 
Information Quality Guidelines, provide criteria, establish procedures, 
and provide guidance to ensure that our decisions are based on the best 
scientific data available. They require our biologists, to the extent 
consistent with the Act and with the use of the best scientific data 
available, to use primary and original sources of information as the 
basis for recommendations to designate critical habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information developed during the listing process for the species. 
Additional information sources may include the recovery plan for the 
species, articles in peer-reviewed journals, conservation plans 
developed by States and counties, scientific status surveys and 
studies, biological assessments, other unpublished materials, or 
experts' opinions or personal knowledge.
    Habitat is dynamic, and species may move from one area to another 
over time. Climate change will be a particular challenge for 
biodiversity because the interaction of additional stressors associated 
with climate change and current stressors may push species beyond their 
ability to survive (Lovejoy 2005, pp. 325-326). The synergistic 
implications of climate change and habitat fragmentation are the most 
threatening facet of climate change for biodiversity (Hannah and 
Lovejoy 2005, p. 4). Current climate change predictions for terrestrial 
areas in the Northern Hemisphere indicate warmer air temperatures, more 
intense precipitation events, and increased summer continental drying 
(Field et al. 1999, pp. 1-3; Hayhoe et al. 2004, p. 12422; Cayan et al. 
2005, p. 6; Intergovernmental Panel on Climate Change (IPCC) 2007, p. 
1181). Climate change may lead to increased frequency and duration of 
severe storms and droughts (Golladay et al. 2004, p. 504; McLaughlin et 
al. 2002, p. 6074; Cook et al. 2004, p. 1015).
    We recognize that critical habitat designated at a particular point 
in time may not include all of the habitat areas that we may later 
determine are necessary for the recovery of the species. For these 
reasons, a critical habitat designation does not signal that habitat 
outside the designated area is unimportant or may not be needed for 
recovery of the species. Areas that are important to the conservation 
of the species, both inside and outside the critical habitat 
designation, will continue to be subject to: (1) Conservation actions 
implemented under section 7(a)(1) of the Act, (2) regulatory 
protections afforded by the requirement in section 7(a)(2) of the Act 
for Federal agencies to ensure their actions are not likely to 
jeopardize the continued existence of any endangered or threatened 
species, and (3) section 9 of the Act's prohibitions on taking any 
individual of the species, including taking caused by actions that 
affect habitat. Federally funded or permitted projects affecting listed 
species outside their designated critical habitat areas may still 
result in jeopardy findings in some cases. These protections and 
conservation tools will continue to contribute to recovery of this 
species. Similarly, critical habitat designations made on the basis of 
the best available information at the time of designation will not 
control the direction and substance of future recovery plans, habitat 
conservation plans (HCPs), or other species conservation planning 
efforts if new information available at the time of these planning 
efforts calls for a different outcome.

Prudency Determination

    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, the Secretary shall designate critical 
habitat at the time the species is determined to be an endangered or 
threatened species. Our regulations (50 CFR 424.12(a)(1)) state that 
the designation of critical habitat is not prudent when one or both of 
the following situations exist:
    (1) The species is threatened by taking, collection, 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.
    There is currently no imminent threat of take attributed to 
collection or vandalism for any of these species (see the Factor B 
analysis in the proposed listing rule, published elsewhere in today's 
Federal Register), and identification and mapping of critical habitat 
is not expected to initiate any such threat. In the absence of finding 
that the designation of critical habitat would increase threats to a 
species, if there are any benefits to a critical habitat designation, 
then a prudent finding is warranted. Here, the potential benefits of 
designation include: (1) Triggering consultation under section 7 of the 
Act, in new areas for actions in which there may be a Federal nexus 
where it would not otherwise occur because, for example, it is or has 
become unoccupied or the occupancy is in question; (2) focusing 
conservation activities on the most essential features and areas; (3) 
providing educational benefits to State or county governments or 
private entities; and (4) preventing people from causing inadvertent 
harm to the species. Therefore, because we have determined that the 
designation of critical habitat will not likely increase the degree of 
threat to the species and may provide some measure of benefit, we find 
that designation of critical habitat is prudent for Short's bladderpod, 
whorled sunflower, and fleshy-fruit gladecress.

Critical Habitat Determinability

    Having determined that designation is prudent, under section 
4(a)(3) of the Act we must find whether critical habitat for the three 
species is determinable. Our regulations at 50 CFR 424.12(a)(2) state 
that critical habitat is not determinable when one or both of the 
following situations exist:
    (i) Information sufficient to perform required analyses of the 
impacts of the designation is lacking, or
    (ii) The biological needs of the species are not sufficiently well 
known to permit identification of an area as critical habitat.
    We reviewed the available information pertaining to the biological 
needs of the species and habitat characteristics where these species 
are located. This and other information represent the best scientific 
data available and have led us to conclude that the designation of 
critical habitat is determinable for Short's bladderpod, whorled 
sunflower, and fleshy-fruit gladecress.

Physical or Biological Features

    In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and 
regulations at 50 CFR 424.12, in determining which areas within the 
geographical area occupied by the species at the time of listing to 
designate as critical habitat, we consider the physical or biological 
features that are essential to the conservation of the species and 
which may require special management

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considerations or protection. These include, but are not limited to:
    (1) Space for individual and population growth and for normal 
behavior;
    (2) Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    (3) Cover or shelter;
    (4) Sites for breeding, reproduction, or rearing (or development) 
of offspring; and
    (5) Habitats that are protected from disturbance or are 
representative of the historic geographical and ecological 
distributions of a species.
    We derive the specific physical or biological features required for 
Short's bladderpod, whorled sunflower, and fleshy-fruit gladecress from 
studies of these species' habitats, ecology, and life history as 
described below.
Space for Individual and Population Growth and for Normal Behavior
    Short's bladderpod. This species occurs in Kentucky and Tennessee 
on soils and outcrops of calcareous geologic formations along the 
mainstem or tributaries of the Kentucky and Cumberland Rivers, 
respectively. The calcareous bedrock formations on which Short's 
bladderpod primarily is found are limestones of Mississippian, 
Silurian, or Ordivician age, with siltstone or shale interbedded at 
some occurrences (Kentucky Geological Survey, http://www.arcgis.com/home/item.html?id=d32dc6edbf9245cdbac3fd7e255d3974; Moore et al. 1967; 
Wilson 1972, 1975, 1979; Wilson et al. 1972, 1980; Marsh et al. 1973; 
Finlayson et al. 1980; Kerrigan and Wilson 2002). Soils where Short's 
bladderpod occurs in the Kentucky and Cumberland River drainages have 
formed from weathering of the underlying calcareous bedrock formations, 
producing shallow or rocky, well-drained soils in which bedrock 
outcrops are common (USDA 1975, pp. 12-17; USDA 1981, pp. 46-47; USDA 
1985, p. 64; USDA 2001, pp. 19-20, 28, 59, 64; USDA 2004a, pp. 22-23, 
36-37, 83, 87; USDA 2004b, pp. 21, 75, 82). The species inhabits these 
outcrops and soils where they occur on steeply sloped bluffs or 
hillsides, primarily with a south- to west-facing aspect (Shea 1993, p. 
16). The combination of calcareous outcrops and shallow soils, steep 
slopes, and hot and dry conditions present on south- to west-facing 
slopes regulates the encroachment of herbaceous and woody species that 
exclude Short's bladderpod from vegetation communities present on more 
mesic sites. Where these conditions occur near the mainstem and 
tributaries of the Kentucky River in Kentucky and Cumberland River in 
Tennessee, they provide space for Short's bladderpod's individual and 
population growth.
    Therefore, based on the above information, we identify steeply 
sloped hillsides or bluffs with calcareous outcrops or shallow or 
rocky, well-drained soils, typically on south- to west-facing aspects 
as an essential physical or biological feature for this species.
    Whorled sunflower. This species occurs in remnant prairie habitats 
found in uplands and swales of headwater streams in the Coosa River 
watershed in Georgia and Alabama and in the East Fork Forked Deer and 
Tuscumbia Rivers' watersheds in Tennessee. The soil types are silt 
loams, silty clay loams, and fine sandy loams at the sites where 
whorled sunflower occurs. These soils share the characteristics of 
being strongly to extremely acidic and having low to moderate natural 
fertility and low to medium organic matter content (USDA 1997, pp. 73-
76; USDA 1978a, pp. 24-54; USDA 1978b, p. 20; USDA 1978c, p. 44). The 
silt loams occupy various land forms ranging from broad upland ridges 
to low stream terraces. These soils formed from weathered limestone or 
shale (USDA 1978a, pp. 24-54) or in alluvium (clay, silt, sand, gravel, 
or similar material deposited by running water) derived from loess 
(predominantly silt-sized sediment, which is formed by the accumulation 
of wind-blown dust) and are moderately well-drained to well-drained. 
The silty clay loams formed in alluvium or weathered limestone on 
floodplains, stream terraces, or upland depressions and are poorly 
drained. The fine sandy loams are on floodplains and are occasionally 
flooded during winter and early spring. Where these physical features 
occur within the headwaters of the Coosa River in Alabama and Georgia 
and the East Fork Forked Deer and Tuscumbia Rivers in Tennessee, they 
provide space for the whorled sunflower's individual and population 
growth.
    Therefore, based on the information above, we identify silt loam, 
silty clay loam, or fine sandy loam soils on land forms including broad 
uplands, depressions, stream terraces, and floodplains as an essential 
physical or biological feature for this species.
    Fleshy-fruit gladecress. This species is endemic to glade 
communities associated with limestone outcrops in Lawrence and Morgan 
Counties, Alabama (Rollins 1963). The terms glade and cedar glades 
refer to shallow-soiled, open areas that are dominated by herbaceous 
plants and characterized by exposed sheets of limestone or gravel, with 
Juniperus virginiana (eastern red cedar) frequently occurring in the 
deeper soils along their edges (Hilton 1997, p. 1; Baskin et al. 1986, 
p. 138; Baskin and Baskin 1985, p. 1). Much of the cedar glade habitat 
in northern Alabama is in a degraded condition, and populations of 
fleshy-fruit gladecress, in many cases, persist in glade-like remnants 
exhibiting various degrees of disturbance including pastures, roadside 
rights-of-way, and cultivated or plowed fields (Hilton 1997, p. 5). The 
limestone outcrops, gravel, and shallow soils present in cedar glades 
and glade-like remnants provide space for individual and population 
growth of fleshy-fruit gladecress by regulating the encroachment of 
herbaceous and woody vegetation that would exclude fleshy-fruit 
gladecress from plant communities found on deeper soils.
    Therefore, based on the information above, we identify shallow-
soiled, open areas with exposed limestone bedrock or gravel that are 
dominated by herbaceous plants as an essential physical or biological 
feature for this species.
Food, Water, Air, Light, Minerals, or Other Nutritional or 
Physiological Requirements
    Short's bladderpod. Within the physical settings described above 
and the atypical physical setting where the species occurs in Indiana, 
the most vigorous (Shea 1992, p. 24) and stable (TDEC 20098, p. 1) 
Short's bladderpod occurrences are found in patches within forested 
sites where the canopy has remained relatively open over time. 
Overstory shading has been implicated as a factor contributing to the 
disappearance of Short's bladderpod from four historically occupied 
sites and has been identified as a limiting factor at nearly one-fifth 
of remaining extant occurrences. Competition or shading from invasive, 
nonnative, herbaceous and shrub species is a documented threat to one-
third of the extant Short's bladderpod occurrences. Therefore, based on 
the information above, we identify forest communities with low levels 
of canopy closure or openings in the canopy, in which invasive, 
nonnative plants are absent or are present at sufficiently low levels 
of abundance that would not inhibit growth or reproduction of Short's 
bladderpod plants, to be an essential physical or biological feature 
for this species.
    Whorled sunflower. This species is found in moist, prairie-like 
remnants, which in a more natural condition exist as openings in 
woodlands and along

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adjacent creeks. Today, these conditions are most often found in small 
remnant patches or old field habitats adjacent to roadsides, railroad 
rights-of-way, and streams bordered by agricultural lands. Whorled 
sunflower grows most vigorously where there is little to no forest 
canopy cover, plants receive full sunlight for most of the day (Schotz 
2011, p. 5) and herbaceous species that are characteristic of moist-
site prairie vegetation are found.
    Dominant grasses include Schizachyrium scoparium (little bluestem), 
Sorghastrum nutans (Indian grass), Andropogon gerardii (big bluestem), 
and Panicum virgatum (switch grass). Other common herbaceous associates 
include Bidens bipinnata (Spanish needles), Carex cherokeensis 
(Cherokee sedge), Hypericum sphaerocarpum (roundseed St. Johnswort), 
Helianthus angustifolius (swamp sunflower), Helenium autumnale (common 
sneezeweed), Lobelia cardinalis (cardinal flower), Pycnanthemum 
virginianum (Virginia mountainmint), Physostegia virginiana (obedient 
plant), Saccharum giganteum (sugarcane plumegrass), Silphium 
terebinthinaceum (prairie rosinweed), Sporobolus heterolepis (prairie 
dropseed), Symphyotrichum novae-angliae (New England aster), (Tennessee 
Division of Natural Areas 2008, p. 5; Matthews et al. 2002, p. 23; 
Schotz 2001, p. 3). Encroachment by woody vegetation is a threat to 
whorled sunflower populations when left unmanaged in old fields, 
transportation rights-of-way, and borders of agricultural field, as 
well as in densely shaded silvicultural plantations or forested sites. 
To prevent excessive shading or competition, these sites should be 
subjected to periodic disturbance or management to reduce or minimize 
encroachment of woody vegetation where a forest canopy is not present, 
or to provide low levels of canopy and midstory closure where they 
occur in woodlands.
    Therefore, based on the information above, we identify sites in old 
fields, woodlands, and along streams, which receive full or partial 
sunlight for most of the day and where vegetation characteristics of 
moist prairie communities is present, to be an essential physical or 
biological feature for this species.
    Fleshy-fruit gladecress. In Morgan, Lawrence, Franklin and Colbert 
Counties in northwestern Alabama, glades occur in association with 
outcrops of Bangor Limestone, typically as level areas with exposed 
sheets of limestone or limestone gravel interspersed with fingers of 
cedar-hardwood vegetation. The Bangor Limestone is often near the soil 
surface, and can be seen in rocky cultivated fields and as small 
outcroppings at the base of low-lying forested hills (Hilton 1997).
    All species within the small genus Leavenworthia are adapted to the 
unique physical characteristics of glade habitats, perhaps the most 
important of these being a combination of shallow soil depth and the 
resulting tendency to maintain temporary high moisture content at or 
very near the surface (Rollins 1963, pp. 4-6). Typically, only a few 
centimeters of soil overlie the bedrock, or, in spots, the soil may be 
almost lacking and the surface barren. The glade habitats that support 
all Leavenworthia species are extremely wet during the late winter and 
early spring and become extremely dry in summer (Rollins 1963, p. 5). 
These glades can vary in size from as small as a few meters to larger 
than 1 square kilometer (km\2\) (0.37 square miles (mi\2\)) and are 
characterized as having an open, sunny aspect (lacking canopy) 
(Quarterman 1950, p. 1; Rollins 1963, p. 5).
    Fleshy-fruit gladecress populations are restricted to well-lighted 
portions of limestone outcroppings. Baskin and Baskin (1988, p. 837) 
indicated that a high light requirement was common among the endemic 
plants of rock outcrop plant communities in the un-glaciated eastern 
United States. This obligate need for high light has been supported by 
field observations showing that these eastern outcrop endemics, such as 
fleshy-fruit gladecress, grow on well-lighted portion of the outcrops 
but not in adjacent shaded forests; photosynthesize best in full sun, 
with a reduction in the presence of heavy shading; and compete poorly 
with plants that shade them (Baskin and Baskin 1988, p. 837). The most 
vigorous populations of fleshy-fruit gladecress are located in areas 
which receive full, or near full, sunlight at the canopy level, and 
have limited herbaceous competition (Hilton 1997, p. 5). Under these 
conditions, herbaceous species commonly found in glades in association 
with fleshy-fruit gladecress are listed in Table 1. Shading and 
competition are potential threats at the two largest populations of 
fleshy-fruit gladecress (Hilton 1997, p. 68). Nonnative plants 
including Ligustrum vulgare (common privet) and Lonicera maackii (bush 
honeysuckle) are a significant threat in many glades due to the ever 
present disturbances that allow for their colonization (Hilton 1997, p. 
68).

          Table 1--Characteristic Flora of Cedar Glade Habitat
------------------------------------------------------------------------
            Scientific name                        Common name
------------------------------------------------------------------------
                      Primary Characteristic Herbs
------------------------------------------------------------------------
Astragalus tennesseensis...............  Tennessee milkvetch.
Leavenworthia alabamica................  Alabama gladecress.
Leavenworthia uniflora.................  Michaux's gladecress.
Petalostemum spp.......................  Prairie clover.
Delphinium tricorne....................  Dwarf larkspur.
Arabis laevigata.......................  Smooth rockcress.
Schoenolirion croceum..................  Yellow sunnybell.
Scutellaria parvula....................  Small skullcap.
------------------------------------------------------------------------
                         Frequent Woody Species
------------------------------------------------------------------------
Juniperus virginiana...................  Eastern red cedar.
------------------------------------------------------------------------

    Therefore, based on the information above, we identify open, sunny 
exposures of limestone outcrops of the Bangor formation within glade 
plant communities that are characterized by the species listed in Table 
1 and have relatively thin, rocky soils that are classified within the 
Colbert or Talbot soils mapping units as an essential

[[Page 47065]]

physical or biological feature for this species.
Sites for Breeding, Reproduction, or Rearing (or Development) of 
Offspring
    Short's bladderpod. This species likely is self-incompatible, and 
nearly 50 percent of extant occurrences are threatened with adverse 
effects associated with small populations including loss of genetic 
variation, inbreeding depression, and reduced availability of 
compatible mates. For this reason, it is essential that habitat for 
pollinators be conserved in close proximity to known occurrences to 
increase the likelihood of pollen exchange among compatible mates. 
Where possible, habitat patches should be protected that would reduce 
fragmentation between multiple occurrences among which pollinator 
dispersal could facilitate gene flow.
    Pollinators specific to Short's bladderpod have not been studied. 
Bees from the families Halictidae, Apidae, and Andrenidae were found to 
be the most common pollinators visiting four other species in the genus 
Physaria, and flies from the families Syrphidae, Tachinidae, and 
Conopidae also carried Physaria pollen (Edens-Meier et al. 2011, p. 
293; Tepedino et al. 2012, pp. 143-145). In their study of pollinators 
of three species of Physaria, Tepedino et al. (2012, p. 144) estimated 
that maximum flight distance ranged from 100 m (330 ft) to 1.4 km (0.9 
mi) for Andrenids and 40 to 100 m (130 to 330 ft) for Halictid bees. 
Because native, ground-nesting bees in the Andrenidae and Halictidae 
were the most reliable visitors and pollinators of the Physaria species 
they studied, Tepedino et al. (2012, p. 145) recommended avoiding 
physical disruption of the soil nesting substrate and its drainage 
patterns in sites harboring bee nests.
    Short's bladderpod is thought to form soil seed banks (Dr. Carol 
Baskin, Professor, University of Kentucky, pers. comm., December 2012), 
and persistence of populations likely is dependent on formation and 
maintenance of this pool of dormant individuals. Sites where the 
species occurs should not be subjected to activities that would remove 
the soil seed bank. Moderate soil disturbance, however, could promote 
germination from the seed bank in locations where overstory shading and 
competition from herbaceous and shrub species have caused population 
declines. Positive responses have been observed following removal of 
competing vegetation and soil disturbance associated with grading of 
the roadside at the site where Short's bladderpod occurs in Indiana.
    Therefore, based on the information above, we identify reproduction 
sites containing extant occurrences of the species within habitat 
patches providing suitable pollinator habitat, and in which surface 
features and bladderpod seedbed are not subjected to heavy disturbance, 
to be an essential physical or biological feature for this species.
    Whorled sunflower. This species is self-incompatible, and the lack 
of compatible mates has been suggested as a possible cause of reduced 
achene production in one population (Ellis et al. 2009, p. 1840). 
Degraded habitat conditions also contribute to poor individual growth 
and reproductive output in whorled sunflower. Where woody vegetation 
encroaches on whorled sunflower populations, growth and flower 
production are reduced. While the species can produce new stems via 
shoot generation from rhizomes, the production of genetically distinct 
individuals needed to support population growth and maintain genetic 
variation within the species is dependent on flowering and outcrossing 
of compatible mates and production of viable achenes. Therefore, based 
on the information above, we identify the presence of compatible mates 
in sites which receive full or partial sunlight for most of the day to 
be an essential physical or biological feature for this species.
    Fleshy-fruit gladecress. Glades where fleshy-fruit gladecress grows 
have very shallow soils overlying horizontally bedded limestone. 
Precipitation tends to be very seasonal within the species' geographic 
range, with wet weather concentrated in the winter and early spring and 
summer (Lyons and Antonovics 1991).
    Fleshy-fruit gladecress is an annual species, the seeds of which 
germinate in the fall, overwinter as rosettes, and commence a month-
long flowering period beginning in mid-March. The first seeds mature in 
late April, and during most years, the plants dry and drop all of their 
seeds by the end of May. Leavenworthia species are dormant by early 
summer, helping them to survive the dry period as seed; this dormancy 
is likely one of the major evolutionary adaptations in this genus 
enabling its species to endure the extreme drought conditions of late 
summer (Quarterman 1950, p. 5). As an annual, this species' long-term 
survival is dependent upon its ability to reproduce and reseed an area 
every year. Thus, populations decline and move toward extinction if 
conditions remain unsuitable for reproduction for many consecutive 
years.
    The most vigorous populations of fleshy-fruit gladecress are 
located in areas which receive full, or near full, sunlight at the 
canopy level and have limited herbaceous competition (Hilton 1997). 
Rollins (1963) documented the loss of fleshy-fruit gladecress 
individuals caused by invading weedy species in fallow agricultural 
fields in northern Alabama. Under natural conditions, glades are 
edaphically (related to or caused by particular soil conditions) 
maintained through processes of drought and erosion interacting with 
other processes that disrupt encroachment of competing vegetation. The 
shallow soil, exposed rock, and frequently hot, dry summers create 
xeric conditions that regulate competition and shading from encroaching 
vegetation (Hilton 1997, p. 5; McDaniel and Lyons 1987, p. 6; Baskin et 
al. 1986, p. 138; Rollins 1963, p. 5).
    Therefore, based on this information, we identify the presence of 
shallow soil and exposed rock that discourage competition and shading 
from encroaching vegetation to be an essential physical or biological 
feature for this species.

Primary Constituent Elements

    Under the Act and its implementing regulations, we are required to 
identify the physical or biological features essential to the 
conservation of Short's bladderpod, whorled sunflower, and fleshy-fruit 
gladecress in areas occupied at the time of listing, focusing on the 
features' primary constituent elements (PCEs). We consider PCEs to be 
those specific elements of the physical or biological features and 
habitat characteristics required to sustain the species' life-history 
processes and are essential to the conservation of the species.
    Based on our current knowledge of the physical or biological 
features and habitat characteristics required to sustain the species' 
life-history processes, we determine that the PCEs described below are 
specific to these three plants.
Short's Bladderpod
    (1) PCE 1--Bedrock formations and outcrops of calcareous limestone, 
sometimes with interbedded shale or siltstone, in close proximity to 
the mainstem or tributaries of the Kentucky and Cumberland rivers. 
These outcrop sites or areas of suitable bedrock geology should be 
located on steeply sloped hillsides or bluffs, typically on south- to 
west-facing aspects.
    (2) PCE 2--Shallow or rocky, well-drained soils formed from the

[[Page 47066]]

weathering of underlying calcareous bedrock formations, which are 
undisturbed or subjected to minimal disturbance, so as to retain 
habitat for ground-nesting pollinators and potential for maintenance of 
a soil seed bank.
    (3) PCE 3--Forest communities with low levels of canopy closure or 
openings in the canopy to provide adequate sunlight for individual and 
population growth. Invasive, nonnative plants must be absent or present 
in sufficiently low numbers to not inhibit growth or reproduction of 
Short's bladderpod.
Whorled Sunflower
    (1) PCE 1--Silt loam, silty clay loam, or fine sandy loam soils on 
land forms including broad uplands, depressions, stream terraces, and 
floodplains within the headwaters of the Coosa River in Alabama and 
Georgia and the East Fork Forked Deer and Tuscumbia rivers in 
Tennessee.
    (2) PCE 2--Sites in which forest canopy is absent, or where woody 
vegetation is present at sufficiently low densities to provide full or 
partial sunlight to whorled sunflower plants for most of the day, and 
which support vegetation characteristic of moist prairie communities. 
Invasive, nonnative plants must be absent or present in sufficiently 
low numbers to not inhibit growth or reproduction of whorled sunflower.
    (3) PCE 3--Occupied sites in which a sufficient number of 
compatible mates are present for outcrossing and production of viable 
achenes to occur.
Fleshy-fruit Gladecress
    (1) PCE 1--Shallow-soiled, open areas with exposed limestone 
bedrock or gravel that are dominated by herbaceous vegetation 
characteristic of glade communities.
    (2) PCE 2--Open or well-lighted areas of exposed limestone bedrock 
or gravel that ensure fleshy-fruit gladecress plants remain unshaded 
for a significant portion of the day.
    (3) PCE 3--Glade habitat that is protected from both native and 
invasive, nonnative plants to minimize competition and shading of 
fleshy-fruit gladecress.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the specific 
areas within the geographical area occupied by the species at the time 
of listing contain physical and biological features which are essential 
to the conservation of the species and which may require special 
management considerations or protection. We believe each unit included 
in these designations requires special management and protections.
Short's Bladderpod
    The features essential to the conservation of Short's bladderpod 
may require special management considerations or protection to reduce 
the following threats: (1) Actions that would directly result in 
removal of soils or indirectly cause their loss due to increased rates 
of erosion; (2) building, paving, or grazing of livestock within or 
upslope of Short's bladderpod sites that alters water movement or 
causes soil erosion that results in sediment deposition in suitable 
habitat; (3) blasting or removal of hard rock and soil substrates; (4) 
dumping of trash and debris; (5) prolonged inundation of sites due to 
manipulation of regulated waters for flood control or other purposes; 
(6) indiscriminate maintenance of transportation rights-of-way, 
including grading, mowing, or herbicide application; and (8) shading 
and competition due to forest canopy closure and encroachment of 
invasive, nonnative plants.
    Management activities that could ameliorate these threats include, 
but are not limited to: (1) Avoiding areas located in or upslope of 
Short's bladderpod sites when planning for location of commercial or 
residential development; maintenance, construction, or expansion of 
utility and transportation infrastructure; and access for livestock; 
(2) removing trash and debris that are dumped onto or upslope of 
Short's bladderpod sites; (3) locating suitable habitat, determining 
presence or absence of Short's bladderpod, and protecting or restoring 
as many sites or complexes of sites as possible; (4) evaluating the 
effects of flow regulation on Short's bladderpod occurrences within the 
fluctuation zone of regulated river reaches and adjusting management to 
avoid or minimize prolonged periods of inundation; (5) reaching out to 
all landowners, including private, State, and Federal landowners, to 
raise awareness of the plant and its habitat; (5) providing technical 
or financial assistance to landowners to help in the design and 
implementation of management actions that protect the plant and its 
habitat; (6) managing, including reducing, canopy cover and competition 
from native and invasive, nonnative plants to maintain an intact native 
forest community with canopy openings or low levels of canopy closure.
Whorled Sunflower
    The features essential to the conservation of whorled sunflower may 
require special management considerations or protection to reduce the 
following threats: (1) Soil disturbance due to silvicultural site 
preparation, timber harvest, or cultivation of row crops; (2) 
indiscriminate herbicide use or mowing; (3) conversion of remnant 
prairie habitat to agricultural or industrial forestry uses; and (4) 
excessive shading or competition from native woody species or invasive, 
nonnative plants.
    Management activities that could ameliorate these threats include, 
but are not limited to: (1) Avoiding areas located in close proximity 
to whorled sunflower sites when planning for establishing new sites for 
agriculture or pulpwood and timber production; (2) ensuring that 
herbicide use or mowing does not occur in whorled sunflower sites 
during the species' growing season; (3) locating suitable habitat, 
determining presence or absence of whorled sunflower, and protecting or 
restoring as many sites or complexes of sites as possible; (4) 
managing, including prescribed burning, mowing, and bush-hogging, to 
reduce canopy cover, minimize competition from native and invasive, 
nonnative plants, and maintain characteristic moist prairie vegetation; 
(5) reaching out to all landowners, including private, State, and 
Federal landowners, to raise awareness of the plant and its habitat; 
and (6) providing technical or financial assistance to landowners to 
help in the design and implementation of management actions that 
protect the plant and its habitat.
Fleshy-Fruit Gladecress
    The features essential to the conservation of fleshy-fruit 
gladecress may require special management considerations or protection 
to reduce the following threats: (1) Actions that remove the soils and 
alter the surface geology of the glades; (2) building or paving over 
the glades; (3) construction or excavation up slope that alters water 
movement (sheet flow or seepage) down slope to gladecress sites; (4) 
planting trees adjacent to the edges of an outcrop resulting in shading 
of the glade and accumulations of leaf litter and tree debris; (5) 
encroachment by nonnative and native invading trees, shrubs, and vines 
that shade the glade; (6) the use and timing of application of certain 
herbicides that can harm gladecress seedlings; and (7) access by cattle 
to gladecress sites where habitat and plants may be trampled.
    Management activities that could ameliorate these threats include 
(but are not limited to): (1) Avoiding limestone glades when planning 
development,

[[Page 47067]]

conversion to agriculture, and other disturbances to glade complexes; 
(2) avoiding above-ground construction and/or excavations in locations 
that would interfere with natural water movement to gladecress habitat 
sites; (3) locating suitable habitat and determining the presence or 
absence of the species and identifying areas with glade complexes and 
protecting or restoring as many complexes as possible; (4) reaching out 
to all landowners, including private and State landowners, to raise 
awareness of the plant and its specialized habitat; (5) providing 
technical or financial assistance to landowners to help in the design 
and implementation of management actions that protect the plant and its 
habitat; (6) avoiding pine tree plantings near glades; and (7) 
managing, including brush removal, to maintain an intact native glade 
vegetation community.
    More information on the special management considerations for each 
critical habitat unit is provided in the individual unit descriptions 
below.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(2) of the Act, we use the best 
scientific data available to designate critical habitat. We review 
available information pertaining to the habitat requirements of the 
species. In accordance with the Act and its implementing regulation at 
50 CFR 424.12(e), we also consider whether designating additional areas 
outside those occupied at the time of listing is necessary to ensure 
the conservation of the species. As discussed in more detail below, we 
are not currently proposing to designate any areas outside the 
geographical area occupied by the species because occupied areas are 
sufficient for the conservation of the species, and we have no evidence 
that these species existed beyond their current geographical ranges in 
habitat types that are not represented by the critical habitat units we 
propose below. Below we go into more detail about the criteria used to 
identify critical habitat for Short's bladderpod, whorled sunflower, 
and fleshy-fruit gladecress.
Areas Occupied by Short's Bladderpod
    For the purpose of proposing critical habitat for Short's 
bladderpod, we define the geographical area currently occupied by the 
species as required by section 3(5)(A)(i) of the Act. We considered 
those sites to be occupied where (1) Element Occurrence Records from 
State conservation agencies (INHDC 2012; KNHP 2012; TNHID 2012) 
indicate that the species was extant at the time of proposed listing 
rule (i.e., is considered currently extant), and (2) we determine that 
forest communities are present and no evidence of substantial ground 
disturbance is visible from inspection of aerial photography, available 
through Google Earth.
Areas Not Occupied by Short's Bladderpod
    We considered whether there were any specific areas outside the 
geographical area found to be occupied by Short's bladderpod that are 
essential for the conservation of the species as required by section 
3(5)(A)(i) of the Act. First, we considered whether there was 
sufficient area for the conservation of the species within the occupied 
areas determined above. In doing so, we evaluated whether protection or 
management of currently occupied sites and nearby suitable habitats 
would provide adequate representation, redundancy, and resiliency for 
Short's bladderpod conservation. The 26 extant occurrences of Short's 
bladderpod included in critical habitat units proposed below are 
distributed among habitats that are representative of those in which 
the species' occurred in its historical geographic range and, if 
conserved, should provide adequate redundancy for the species to endure 
localized, stochastic disturbances. While populations are small at some 
of these occurrences, there is sufficient habitat available to support 
population growth; however, some management might be necessary to 
improve habitat conditions and population growth rates. Conserving or 
restoring habitat and viable populations at all occupied sites should 
provide conditions necessary for successful reproduction and population 
growth and resiliency for the species to recover from acute demographic 
effects of localized disturbances. Therefore, no areas outside of the 
currently occupied geographical areas would be essential for the 
conservation of the species, and we have not proposed any additional 
areas.
Mapping Short's Bladderpod Critical Habitat
    Once we determined the occupied areas, we next delineated proposed 
critical habitat unit boundaries based on the presence of primary 
constituent elements. We used data for geology (Kentucky Geological 
Survey, available online at http://www.arcgis.com/home/item.html?id=d32dc6edbf9245cdbac3fd7e255d3974; Moore I. 1967; Wilson 
1972, 1975, 1979; Wilson I. 1972, 1980; Marsh I. 1973; Finlayson I. 
1980; Kerrigan and Wilson 2002), soils (USDA, Soil Survey Geographic 
Database, available online at http://soildatamart.nrcs.usda.gov), 
topographic contours, and locations of sites occupied by Short's 
bladderpod (INHDC 2012; KNHP 2012; TNHID 2012) as a basis for 
delineating units in ArcGIS. Additionally, we used aerial photography 
available through Google Earth to determine vegetation cover and for 
three-dimensional viewing of topographic features. We delineated units 
around occupied sites, with boundaries determined by the combined 
spatial arrangement of limestone bedrock, sometimes with interbedded 
shale or siltstone; shallow or rocky, well-drained soils; steeply 
sloped topography; and forest vegetation. In order to reduce threats 
from adjacent land uses, we extended unit boundaries from ridge tops or 
bluff lines above Short's bladderpod occurrences downslope to either 
obvious breaks in slope gradient or to the edge of water bodies that 
form a unit boundary. These units typically include individual occupied 
sites; however, where appropriate we delineated units so that they 
encompass more than one occupied site and span intervening areas in 
which the primary constituent elements are present. We delineated units 
spanning multiple occupied sites in order to minimize fragmentation and 
provide areas for pollinator nesting and dispersal to promote gene flow 
among extant occurrences.
Areas Occupied by Whorled Sunflower
    For the purpose of designating critical habitat for whorled 
sunflower, we defined the geographical area currently occupied by the 
species as required by section 3(5)(A)(i) of the Act. We define 
occupied areas in Georgia and Alabama as those areas where the species 
was present during site visits by the Service during 2012. The most 
recent survey data available from TNHID (2012) confirmed the presence 
of whorled sunflower during 2005 and 2009, at the Madison and McNairy 
County, Tennessee, populations, respectively. Based on inspection of 
aerial photography for these locations, available through Google Earth, 
habitat still is present at these sites and no evidence of substantial 
ground disturbance was apparent; thus, we consider these sites to still 
be occupied by whorled sunflower.
Areas Not Occupied by Whorled Sunflower
    We considered whether there were any specific areas outside the 
geographical area found to be occupied

[[Page 47068]]

by whorled sunflower that are essential for the conservation of the 
species as required by section 3(5)(A)(i) of the Act. First, we 
considered whether there was sufficient area for the conservation of 
the species within the occupied areas determined above. In doing so, we 
evaluated whether protection or management of currently occupied sites 
and nearby suitable habitats would provide adequate representation, 
redundancy, and resiliency for whorled sunflower's conservation. The 
four extant populations of whorled sunflower are distributed among 
habitats that we believe are representative of those in which the 
species' occurred in its historical geographic range and, if conserved, 
should provide adequate redundancy for the species to endure localized, 
stochastic disturbances. While populations are small at most of these 
occurrences, there is sufficient habitat available to support 
population growth; however, management will be necessary to improve 
habitat conditions and population growth rates. Conserving or restoring 
habitat and viable populations at all occupied sites should provide 
conditions necessary for successful reproduction and population growth 
and resiliency for the species to recover from acute demographic 
effects of localized disturbances. Therefore, no areas outside of the 
currently occupied geographical areas would be essential for the 
conservation of the species, and we have not proposed any additional 
areas.
Mapping Whorled Sunflower Critical Habitat
    Once we determined the occupied areas, we next delineated proposed 
critical habitat unit boundaries based on the presence of primary 
constituent elements. We used data for soils (USDA, Soil Survey 
Geographic Database, available online at http://soildatamart.nrcs.usda.gov) and locations of sites occupied by whorled 
sunflower as a basis for delineating units in ArcGIS. Additionally, we 
used aerial photography available through Google Earth to determine 
vegetation cover and for three-dimensional viewing of topographic 
features. We delineated units around occupied sites, with boundaries 
determined by the spatial arrangement of suitable soils (described 
above in PCE 1 for whorled sunflower) and to provide opportunities for 
minimizing fragmentation among subpopulations by restoring 
characteristic prairie vegetation in areas currently used for 
agricultural or industrial forestry purposes.
Areas Occupied by Fleshy-Fruit Gladecress
    For the purpose of designating critical habitat for fleshy-fruit 
gladecress, we defined the geographical area currently occupied by the 
species as required by section 3(5)(A)(i) of the Act. We define 
occupied areas as those where recent surveys in 2011 confirmed the 
species was present (Shotz 2012, pers. comm.).
Areas Not Occupied by Fleshy-Fruit Gladecress
    We considered whether there were any specific areas outside the 
geographical area found to be occupied by the fleshy-fruit gladecress 
that are essential for the conservation of the species as required by 
section 3(5)(A)(ii) of the Act. First, we evaluated whether there was 
sufficient area for the conservation of the species within the occupied 
areas determined as described above. To guide what would be considered 
needed for the species' conservation, we evaluated the six sites where 
the species is known to occur. Currently occupied sites are distributed 
across the historical range of the species and are representative of 
the landscape settings and soil types that have been documented at 
gladecress occurrences. Five of the six units proposed within occupied 
areas contain suitable habitat (with special management) for natural 
expansion of existing populations or possible future augmentation if 
determined necessary during future recovery planning and 
implementation. Therefore, no areas outside of the currently occupied 
geographical areas would be essential for the conservation of the 
species, and we have not proposed any additional areas.
Mapping Fleshy-Fruit Gladecress Critical Habitat
    Once we determined the occupied areas, we next delineated proposed 
critical habitat unit boundaries based on the presence of primary 
constituent elements. We used various GIS layers, soil surveys, aerial 
photography, and known locations of the extant and historical 
populations. We used ArcGIS to delineate units around occupied sites, 
encompassing adjacent areas where the primary constituent elements were 
present to provide suitable habitat for natural expansion of the 
populations. The six units in the proposed designation include the 
species' entire historical range. All of the units contain the primary 
constituent elements essential for the conservation of fleshy-fruit 
gladecress.
    When determining proposed critical habitat boundaries for all three 
species, we made every effort to avoid including developed areas such 
as lands covered by buildings, pavement, and other structures because 
such lands lack physical or biological features necessary for the three 
plants. The scale of the maps we prepared under the parameters for 
publication within the Code of Federal Regulations may not reflect the 
exclusion of such developed lands. Any such lands inadvertently left 
inside critical habitat boundaries shown on the maps of this proposed 
rule have been excluded by text in the proposed rule and are not 
proposed for designation as critical habitat. Therefore, if the 
critical habitat is finalized as proposed, a Federal action involving 
these lands would not trigger section 7 consultation with respect to 
critical habitat and the requirement of no adverse modification unless 
the specific action would affect the physical or biological features in 
adjacent critical habitat.
    We are proposing for designation of critical habitat lands that we 
have determined are occupied at the time of listing and contain 
sufficient elements of physical or biological features to support life-
history processes essential for the conservation of Short's bladderpod, 
whorled sunflower, or fleshy-fruit gladecress. Some units contain all 
of the identified elements of physical or biological features and 
support multiple life-history processes. Some units contain only some 
elements of the physical or biological features necessary to support 
the use of that particular habitat by Short's bladderpod, whorled 
sunflower, or fleshy-fruit gladecress.
    The critical habitat designation is defined by the map or maps, as 
modified by any accompanying regulatory text, presented at the end of 
this document in the Proposed Regulation Promulgation section. We 
include more detailed information on the boundaries of the critical 
habitat designation in the preamble of this document. We will make the 
coordinates or plot points or both on which each map is based available 
to the public on http://www.regulations.gov at Docket No. FWS-R4-ES-
2013-0086, on our Internet site at http://www.fws.gov/cookeville, and 
at the field office responsible for the designation (see FOR FURTHER 
INFORMATION CONTACT above).

Proposed Critical Habitat Designation

Short's Bladderpod

    We are proposing 20 units as critical habitat for Short's 
bladderpod. The critical habitat areas we describe below constitute our 
current best assessment of

[[Page 47069]]

areas that meet the definition of critical habitat for Short's 
bladderpod. All these units are occupied at the time of listing. The 
areas we propose as critical habitat are: (1) Kings and Queens Bluff, 
(2) Lock B Road, (3) Jarrel Ridge Road, (4) Cheatham Lake, (5) Harpeth 
River, (6) Montgomery Bell Bridge, (7) Nashville and Western Railroad, 
(8) River Trace, (9) Old Hickory Lake, (10) Coleman-Winston Bridge, 
(11) Cordell Hull Reservoir, (12) Funns Branch, (13) Wartrace Creek, 
(14) Camp Pleasant Branch, (15) Kentucky River, (16) Owenton Road, (17) 
Little Benson Creek, (18) Boone Creek, (19) Delaney Ferry Road, and 
(20) Bonebank Road. The approximate area of each proposed critical 
habitat unit, broken down by land ownership, is shown in Table 20.

                         Table 2--Proposed Critical Habitat Units for Short's Bladderpod
----------------------------------------------------------------------------------------------------------------
                                                             State/local ha                      Size of unit ha
          Critical habitat unit           Private ha  (ac)        (ac)        Federal ha  (ac)        (ac)
----------------------------------------------------------------------------------------------------------------
1. Kings and Queens Bluff...............        7.6 (18.9)  ................       * 3.0 (7.3)        7.6 (18.9)
2. Lock B Road..........................       10.1 (25.0)  ................       * 0.3 (0.8)       10.1 (25.0)
3. Jarrel Ridge Road....................        5.2 (12.8)  ................       * 0.4 (1.1)        5.2 (12.8)
4. Cheatham Lake........................       19.1 (47.2)         3.4 (8.3)        4.9 (12.0)       27.3 (67.5)
5. Harpeth River........................        8.2 (20.3)  ................       17.3 (42.8)       25.5 (63.1)
6. Montgomery Bell Bridge...............         2.1 (5.3)  ................        9.0 (22.3)       11.2 (27.7)
7. Nashville and Western Railroad.......       20.8 (51.4)        8.1 (20.0)         1.5 (3.8)       30.5 (75.3)
8. River Trace..........................      42.8 (105.7)  ................      * 5.6 (13.8)      42.8 (105.7)
9. Old Hickory Lake.....................         1.9 (4.8)  ................         2.9 (7.1)        4.8 (11.9)
10. Coleman-Winston Bridge..............        4.1 (10.1)  ................         3.3 (8.1)        7.4 (18.2)
11. Cordell Hull Reservoir..............  ................  ................       12.3 (34.2)       12.3 (34.2)
12. Funns Branch........................  ................  ................       20.8 (51.3)       20.8 (51.3)
13. Wartrace Creek......................  ................  ................       37.5 (92.6)       37.5 (92.6)
14. Camp Pleasant Branch................       17.4 (42.9)  ................  ................       17.4 (42.9)
15. Kentucky River......................      83.7 (206.7)        9.4 (23.3)  ................      93.1 (230.0)
16. Owenton Road........................         1.3 (3.3)         1.5 (3.7)  ................         2.8 (7.0)
17. Little Benson Creek.................        9.4 (23.3)  ................  ................        9.4 (23.3)
18. Boone Creek.........................        5.0 (12.4)  ................  ................        5.0 (12.4)
19. Delaney Ferry Road..................         0.6 (1.4)  ................  ................         0.6 (1.4)
20. Bonebank Road.......................  ................         1.7 (4.3)  ................         1.7 (4.3)
                                         -----------------------------------------------------------------------
    Total...............................     239.3 (591.5)       24.1 (59.6)     118.8 (297.2)     373.0 (925.5)
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
* Indicates U.S. Army Corps of Engineers easements, which are not added to Size of Unit because these lands are
  included in ha (ac) figure given for the private lands on which easements are held.

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat for Short's bladderpod, below. 
All of the proposed critical habitat units are currently occupied and, 
except as specified below, contain all of the primary constituent 
elements of the physical and biological features essential to the 
conservation of the species.
Unit 1: Kings and Queens Bluff
    Unit 1 consists of 7.6 ha (18.9 ac) of private land, but the U.S. 
Army Corps of Engineers (Corps of Engineers) holds flood easements on 
approximately 40 percent of this land. This unit is located in 
Montgomery County, Tennessee, on a bluff on the right descending bank 
of the Cumberland River within the city limits of Clarksville, 
approximately 0.16 km (0.10 mi) south of the intersection of State 
Route 12 (Ashland City Road) and Queens Bluff Way. Beginning 
approximately 0.28 km (0.18 mi) south of the easternmost intersection 
of Ashland City Road (US-41a Bypass) and Queens Bluff Road, this unit 
parallels the Cumberland River in a downstream direction for 
approximately 1.7 km (1.1 mi).
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; and shading and competition due 
to encroachment of native and invasive, nonnative plants.
Unit 2: Lock B Road
    Unit 2 consists of 10.1 ha (25.0 ac) of privately owned land, but 
the Corps of Engineers holds flood easements on approximately 3 percent 
of this land. This unit is located in Montgomery County, Tennessee, 
approximately 6.9 km (4.3 mi) south of the city limits of Clarksville, 
on a hillside that lies to the east and west of Lock B Road North, 
beginning approximately 0.8 km (0.5 mi) south of its junction with 
Gholson Road and continuing south for approximately 0.4 km (0.25 mi), 
at which point Lock B Road North veers to the southwest. From this 
point, this unit continues south for approximately 1.0 km (0.6 mi) 
along the hillside that is east of Lock B Road North. The features 
essential to the conservation of the species in this unit may require 
special management considerations or protection to address threats 
related to potential right-of-way construction or maintenance using 
herbicides or mechanized equipment along Lock B Road North or the 
Illinois Central Railroad, both of which traverse portions of the unit, 
and shading or competition due to encroachment of native and invasive, 
nonnative plants.
Unit 3: Jarrel Ridge Road
    Unit 3 consists of 5.2 ha (12.8 ac) of privately owned lands, but 
the Corps of Engineers holds flood easements on approximately 8 percent 
of this land. This unit is located in Montgomery County, Tennessee, 
approximately 10 km south of the city limit of Clarksville, on a 
hillside that lies west and north of the southern terminus of Jarrel 
Ridge Road.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged

[[Page 47070]]

inundation due to water level manipulation; changes in land use, 
including residential or commercial construction, which could cause 
removal of forest vegetation or soils or soil loss due to erosion; 
potential right-of-way construction or maintenance using herbicides or 
mechanized equipment along Jarrel Ridge Road at the unit boundary or 
the Illinois Central Railroad, which traverses the unit; and shading or 
competition due to encroachment of native and invasive, nonnative 
plants.
Unit 4: Cheatham Lake
    Unit 4 consists of 27.3 ha (67.5 ac) of privately owned, local 
government, and federal lands. This unit is located in Cheatham County, 
Tennessee, approximately 9.0 km (5.6 mi) west-northwest of the city 
limits of the town of Ashland City, on a series of hillsides that 
begins approximately 0.8 km (0.5 mi) northeast of the junction of Beech 
Grove Road and Cheatham Dam Road and arcs in a southeasterly direction 
for approximately 2.2 km (1.4 mi). Here, the unit crosses Cheatham Dam 
Road, and continues for approximately 2.2 km in a southeasterly arc to 
its eastern boundary on the right descending bank of the Cumberland 
River, approximately 0.18 km (0.11 mi) south of Kimbrough Road. The 
land within this unit is approximately 70 percent privately owned, 12 
percent owned by Ashland City, and 18 percent owned by the Corps of 
Engineers.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; potential right-of-way 
construction or maintenance using herbicides or mechanized equipment 
along the Illinois Central Railroad, which traverses the unit; and 
shading or competition due to encroachment of native and invasive, 
nonnative plants.
Unit 5: Harpeth River
    Unit 5 consists of 25.5 ha (63.1 ac) of privately owned and federal 
land in Cheatham County, Tennessee. This unit is located approximately 
5 km (3.1 mi) west of the city limits of the town of Ashland City, on 
the west slope of a hillside and associated bluffs that begin on the 
point of land formed by the confluence of Cumberland and Harpeth rivers 
and extend upstream along the right descending bank of the Harpeth 
River, reaching the unit's southernmost boundary approximately 0.6 km 
(0.4 mi) east of SR-49, where it crosses the Harpeth River. The land 
within this unit is approximately 32 percent privately owned, and 68 
percent is owned by the Corps of Engineers.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; and shading or competition due to 
encroachment of native and invasive, nonnative plants.
Unit 6: Montgomery Bell Bridge
    Unit 6 consists of 11.2 ha (27.7 ac) of privately owned and federal 
land in Cheatham and Dickson Counties, Tennessee. This unit is located 
approximately 5.5 km (3.4 mi) west of the city limits of the town of 
Ashland City, on a hillside and bluffs on the left descending bank of 
the Harpeth River that begin approximately 0.4 km (0.27 mi) east of the 
Montgomery Bell Bridge, where SR-49 crosses the river and bisects the 
unit, and parallels the river in an upstream direction for 
approximately 1.8 km (1.1 mi). The land within this unit is 
approximately 19 percent privately owned, and 81 percent is owned by 
the Corps of Engineers.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; and shading or competition due to 
encroachment of native and invasive, nonnative plants.
Unit 7: Nashville and Western Railroad
    Unit 7 consists of 30.5 ha (75.3 ac) of privately owned, local 
government, and federal land in Cheatham County, Tennessee. This unit 
is located along the southwest city limit of the town of Ashland City, 
on hillsides and bluffs that begin approximately 0.26 km (0.16 mi) east 
of the confluence of Marrowbone Creek and the Cumberland River and 
extend upstream on the right descending bank of the Cumberland River 
for approximately 2.3 km (1.4 mi). Here, the unit continues in a 
southeasterly direction for approximately 0.9 km (0.5 mi) from the 
point where the river veers away from the hillside and bluffs. The land 
within this unit is approximately 68 percent privately owned, 27 
percent owned by the Cheatham County Rail Association, and 5 percent 
owned by the Corps of Engineers.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; potential right-of-way 
construction or maintenance using herbicides or mechanized equipment 
along the Nashville and Western Railroad, which traverses the unit; and 
shading or competition due to encroachment of native and invasive, 
nonnative plants.
Unit 8: River Trace
    Unit 8 consists of 42.8 ha (105.7 ac) of privately owned land, with 
the exception of the River Trace road right-of-way. The Corps of 
Engineers holds flood easements on approximately 13 percent of the 
lands within the unit. This unit is located in Davidson and Cheatham 
Counties, Tennessee, on hillsides and bluffs approximately 0.9 km (0.6 
mi) southeast of the city limit of the town of Ashland City, beginning 
at the western extent of River Trace and extending along both sides of 
this road in a southeasterly direction for a distance of approximately 
2.3 km (1.4 mi). Here, the unit leaves River Trace and continues along 
the hillside and bluffs on the right descending bank of the Cumberland 
River in an upstream direction for approximately 2.1 km (1.3 mi).
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; potential right-of-way 
construction or maintenance using herbicides or mechanized equipment 
along River Trace or the Nashville and Western Railroad, both of which 
traverse the unit; and shading or competition due to encroachment of 
native and invasive, nonnative plants.

[[Page 47071]]

Unit 9: Old Hickory Lake
    Unit 9 consists of 4.8 ha (11.9 ac) of privately owned and federal 
lands in Trousdale County, Tennessee. This unit is located 
approximately 3.5 km (2.2 mi) west of the southern city limits of the 
town of Hartsville and 0.5 km (0.3 mi) south of Oldham Road, on a 
hillside and bluffs on the right descending bank of the Cumberland 
River. Beginning approximately 0.4 km (0.25 mi) downstream of the mouth 
of Second Creek, this unit parallels the Cumberland River in a 
downstream direction for approximately 0.7 km (0.4 mi). The land within 
this unit is approximately 40 percent privately owned, and 60 percent 
is owned by the Corps of Engineers.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; and shading or competition due to 
encroachment of native and invasive, nonnative plants.
Unit 10: Coleman-Winston Bridge
    Unit 10 consists of 7.4 ha (18.2 ac) of privately owned and federal 
lands in Trousdale County, Tennessee. The unit is located at the 
southern city limit of the town of Hartsville, on a hillside and bluffs 
overlooking the Cumberland River. Beginning on the right descending 
bank approximately 0.5 km (0.3 mi) east of SR-141, which bisects the 
unit where it crosses the Cumberland River at the Coleman-Winston 
Bridge, this unit parallels the river in a downstream direction for 
approximately 1.1 km (0.7 mi). The land within this unit is 
approximately 55 percent privately owned, and 45 percent is owned by 
the Corps of Engineers.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; potential right-of-way 
construction or maintenance using herbicides or mechanized equipment 
along SR-141, which bisects the unit; and shading or competition due to 
encroachment of native and invasive, nonnative plants.
Unit 11: Cordell Hull Reservoir
    Unit 11 consists of 12.3 ha (34.2 ac) of federal lands in Smith 
County, Tennessee. This unit is located approximately 4.3 km (2.7 mi) 
north of the city limits of the town of Carthage, on hillsides and 
bluffs on the right descending bank of the Cumberland River. Beginning 
approximately 2.0 km (1.25 mi) upstream of the Cordell Hull Dam, this 
unit parallels the river in an upstream direction for approximately 0.6 
km (0.4 mi), where it crosses a 0.3-km (0.2-mi) expanse of open water, 
and then continues paralleling the river for a distance of 1.2 km (0.7 
mi). All of the land within this unit is owned by the Corps of 
Engineers, and the open water is not included in the area of the unit 
reported above.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; and shading or competition due to 
encroachment of native and invasive, nonnative plants.
Unit 12: Funns Branch
    Unit 12 consists of 20.8 ha (51.3 ac) of federal lands in Jackson 
County, Tennessee. This unit is located approximately 12.1 km (7.5 mi) 
southwest of the city limits of the town of Gainesboro, on hillsides 
and bluffs on the right descending bank of the Cumberland River. 
Beginning approximately 0.4 km (0.2) mi upstream of the mouth of Funns 
Branch, this unit parallels the river in an upstream direction for 
approximately 1.0 km (0.65 mi) where it crosses a 0.3-km (0.2-mi) 
expanse of open water, and then continues paralleling the river for a 
distance of approximately 1.0 km (0.64 mi). All of the land within this 
unit is owned by the Corps of Engineers, and the open water is not 
included in the area of the unit reported above.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; and shading or competition due to 
encroachment of native and invasive, nonnative plants.
Unit 13: Wartrace Creek
    Unit 13 consists of 37.5 ha (92.6 ac) of federal lands in Jackson 
County, Tennessee. This unit is located approximately 7.7 km (4.8 mi) 
west of the city limits of the town of Gainesboro, on hillsides and 
bluffs on the right descending bank of the Cumberland River. Beginning 
at the mouth of Indian Creek, this unit parallels the river in a 
downstream direction for approximately 1.6 km (1.0 mi), where it 
crosses the mouth of Wartrace Creek, and then continues paralleling the 
river for a distance of 2.5 km (1.5 mi). All of the land within this 
unit is owned by the Corps of Engineers, and areas of open water are 
not included in the area of the unit reported above.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; and shading or competition due to 
encroachment of native and invasive, nonnative plants.
Unit 14: Camp Pleasant Branch
    Unit 14 consists of 17.4 ha (42.9 ac) of privately owned lands in 
Franklin County, Kentucky. This unit is located approximately 8.3 km 
(5.8 mi) north of the city limits of Frankfort, on hillsides near Camp 
Pleasant Branch, a tributary to Elkhorn Creek. Beginning approximately 
0.29 km (0.18 mi) west of the intersection of Indian Gap Road and Camp 
Pleasant Road, the unit begins in a hollow north of Indian Gap Road and 
extends to the east and north along hillsides above the right 
descending bank of Camp Pleasant Branch for approximately 0.75 km (0.5 
mi) to the intersection of Camp Pleasant Road and Gregory Woods Road. 
Here the unit crosses Gregory Woods Road and extends north for a 
distance of approximately 0.58 km (0.36 mi), encompassing the hillside 
to the east of the road.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to changes in land use, including residential 
or commercial construction, which could cause removal of forest 
vegetation or soils or soil loss due to erosion; potential right-of-way 
construction or maintenance using herbicides or mechanized

[[Page 47072]]

equipment along Indian Gap Road, Camp Pleasant Road, or Gregory Woods 
Road, which are adjacent to the unit; and shading or competition due to 
encroachment of native and invasive, nonnative plants.
Unit 15: Kentucky River
    This unit consists of 93.1 ha (230.0 ac) of privately owned and 
State land in Franklin County, Kentucky. This unit begins within the 
northwestern city limit of Frankfort, on a hillside that parallels 
U.S.-421 on its east side from approximately 0.21 km (0.13 mi) 
southeast of its junction with Clifty Drive to approximately 0.23 km 
(0.15 mi) northwest of its junction with U.S.-127. Here the unit 
follows the topography of the hillside as it turns away from the road 
to the east, leaving the city limits, and then arcs to the northeast, 
before abruptly turning back in a westerly direction. From this point, 
the hillside and this unit extend in a westerly direction for 
approximately 0.7 km (0.4 mi) and then parallel the Kentucky River in a 
downstream direction in an arc approximately 5.3 km (3.3 mi) in length 
on its left descending bank, encompassing hillsides in two hollows that 
extend from the river to the west. Approximately 90 percent of the land 
in this unit is privately owned, and the Commonwealth of Kentucky owns 
approximately 10 percent, which is part of a State nature preserve.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to erosion or prolonged inundation due to water 
level manipulation; changes in land use, including residential or 
commercial construction, which could cause removal of forest vegetation 
or soils or soil loss due to erosion; potential right-of-way 
construction or maintenance using herbicides or mechanized equipment 
along U.S. -421, where it parallels the unit; and shading or 
competition due to encroachment of native and invasive, nonnative 
plants.
Unit 16: Owenton Road
    Unit 16 consists of 2.8 ha (7.0 acres) of privately owned and City 
of Frankfort municipal park lands in Franklin County, Kentucky. The 
unit is located approximately 0.1 km (0.08 mi) north of the city limits 
of Frankfort on a hill that is adjacent to and west of U.S.-127 
(Owenton Road), approximately 0.6 km (0.4 mi) north of the intersection 
of U.S.-127 and U.S.-421. The land within this unit is approximately 46 
percent privately owned, and 54 percent is owned by the City of 
Frankfort.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to changes in land use, including residential 
or commercial construction, which could cause removal of forest 
vegetation or soils or soil loss due to erosion; potential right-of-way 
construction or maintenance using herbicides or mechanized equipment on 
U.S.-127; and shading or competition due to encroachment of native and 
invasive, nonnative plants.
Unit 17: Little Benson Creek
    Unit 17 consists of 9.4 ha (23.3 ac) of privately owned lands in 
Franklin County, Kentucky, located within the city limits of Frankfort. 
Beginning approximately 1.1 km (0.7 mi) south of the intersection of 
Mills Lane and Ninevah Road, this unit lies on a hillside on the east 
side of Ninevah Road and extends to the south for approximately 0.5 km 
(0.3 mi), where it crosses Ninevah Road and follows a hillside that 
parallels Ninevah Road for approximately 1.0 km (0.65 mi) on its west 
side.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to changes in land use, including residential 
or commercial construction, which could cause removal of forest 
vegetation or soils or soil loss due to erosion; potential right-of-way 
construction or maintenance using herbicides or mechanized equipment on 
Ninevah Road; and shading or competition due to encroachment of native 
and invasive, nonnative plants.
Unit 18: Boone Creek
    Unit 18 consists of 5.0 ha (12.4 ac) of privately owned lands in 
Clark County, Kentucky. This unit is located approximately 13.2 km (8.2 
mi) southwest of the city limits of Winchester, and begins adjacent to 
Grimes Mill Road approximately 0.17 km north of the Fayette and Clark 
County line. From here, the unit extends on a hillside to the east for 
a distance of approximately 0.21 km (0.13 mi), where the unit and 
hillside then parallel a bend in Boone Creek on its left descending 
bank for a distance of approximately 0.68 km (0.42 mi).
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats related to changes in land use, including residential 
or commercial construction, which could cause removal of forest 
vegetation or soils or soil loss due to erosion; potential right-of-way 
construction or maintenance using herbicides or mechanized equipment on 
Grimes Road; and shading or competition due to encroachment of native 
and invasive, nonnative plants.
Unit 19: Delaney Ferry Road
    Unit 19 consists of 0.6 ha (1.4 ac) of privately owned lands in 
Woodford County, Kentucky. This unit is located approximately 7.8 km 
(4.8 mi) south of the city of Versailles. Beginning approximately 2.1 
km (1.3 mi) east of the intersection of Troy Pike and Delaney Ferry 
Road, this unit extends approximately 0.08 km (0.05 mi) northeast along 
Delaney Ferry Road, where the unit boundary turns to the northwest for 
approximately 0.08 km (0.05 mi). From this northeast corner of the 
unit, the boundary extends to the southwest approximately 0.05 km (0.03 
mi), where it turns to the southeast, paralleling a driveway for 0.05 
km (0.03 mi) before turning to the southwest for approximately 0.03 km 
(0.02 mi). From this point the unit boundary turns to the southeast for 
approximately 0.05 km (0.03 mi), returning to the starting point.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats of shading or competition due to encroachment of native 
and invasive, nonnative plants. The current landowner manages 
encroaching vegetation to prevent shading and competition where Short's 
bladderpod occurs within the unit.
Unit 20: Bonebank Road
    Unit 20 consists of 1.7 ha (4.3 ac) of lands in Posey County, 
Indiana, which are owned by the Indiana Department Natural Resources. 
This unit is located approximately 13 km (8.1 mi) southwest of the city 
limits of Mt. Vernon, beginning at the intersection of Graddy Road and 
Bonebank Road and paralleling Bonebank Road on its west side for a 
distance 0.73 km (0.45 mi) north of the intersection. The surface 
geology at this site--Quaternary glacial outwash--and soils are 
markedly different from other sites on calcareous geology throughout 
the rest of the species' range. However, this site supports an 
occurrence that has numbered in the hundreds to more than a thousand 
individuals in the past, and the PCE of forest vegetation with canopy 
openings (PCE 3) is present at the road edge.

[[Page 47073]]

    The feature essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats of shading or competition due to encroachment of native 
and invasive, nonnative plants.

Whorled Sunflower

    We are proposing four units as critical habitat for whorled 
sunflower. The critical habitat areas we describe below constitute our 
current best assessment of areas that meet the definition of critical 
habitat for whorled sunflower. All these units are occupied at the time 
of listing. The four areas we propose as critical habitat are: (1) Mud 
Creek, (2) Coosa Valley Prairie, (2) Prairie Branch, and (4) Pinson. 
The approximate area of each proposed critical habitat unit is shown in 
Table 3. All of the proposed critical habitat units for this species 
are located entirely on privately owned land.

                         Table 3--Proposed Critical Habitat Units for Whorled Sunflower.
----------------------------------------------------------------------------------------------------------------
             Critical habitat unit                           County, state                Hectares      Acres
----------------------------------------------------------------------------------------------------------------
1. Mud Creek...................................  Cherokee, Alabama....................        210.6        520.4
2. Coosa Valley Prairie........................  Floyd, Georgia.......................        366.9        906.5
3. Prairie Branch..............................  McNairy, Tennessee...................          6.0         14.9
4. Pinson......................................  Madison, Tennessee...................         40.7        100.5
                                                                                       -------------------------
    Total......................................  .....................................        624.2      1,542.3
----------------------------------------------------------------------------------------------------------------

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat for whorled sunflower, below.
Unit 1: Mud Creek
    Unit 1 consists of 210.6 ha (520.4 ac) in Cherokee County, Alabama, 
located approximately 11.6 km (7.2 mi) southeast of the city limits of 
Cedar Bluff. The unit begins approximately 0.06 km (0.04 mi) north of 
the junction of CR-164 and CR-29 and extends in a northerly direction 
to encompass much of the drainage area of an unnamed tributary to Mud 
Creek and to the northeast to encompass much of the drainage area of a 
second unnamed tributary to Mud Creek. The easternmost boundary of this 
unit is adjacent to CR-101, from approximately 1.0 km (0.6 mi) to 1.4 
km (0.9 mi) north of its junction with CR-164. Silt loam and silty clay 
loam soils are present throughout the unit, spanning broad uplands, and 
terraces and flood plains of headwater streams in the Coosa River 
watershed (PCE 1).
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats of soil disturbance due to silvicultural site 
preparation or timber harvest; indiscriminate herbicide use or mowing 
for silvicultural purposes or road right-of-way maintenance; conversion 
of remnant prairie habitat to agricultural or industrial forestry uses; 
and excessive shading or competition from native woody species or 
invasive, nonnative plants.
Unit 2: Coosa Valley Prairie
    Unit 2 consists of 366.9 ha (906.5 ac) of privately owned lands in 
Floyd County, Georgia, located approximately 4.5 km (2.8 mi) northwest 
of the city limits of Cave Spring. This unit corresponds to the 
boundary of The Nature Conservancy's conservation easement on lands 
owned by The Campbell Group, a site commonly referred to as the Coosa 
Valley Prairie. The northern boundary of this unit follows Jefferson 
Road for approximately 1.4 km (0.9 mi) in a southeasterly direction, 
beginning approximately 1.7 km (1.0 mi) east of the Alabama-Georgia 
State line. From the eastern extent on Jefferson Road, the unit 
boundary follows an unnamed dirt road south for a distance of 
approximately 1.5 km (0.9 mi), where the boundary turns to the west and 
south before turning back to the north and again to the west, reaching 
the Alabama-Georgia State line. Here, the unit follows the State line 
in a northwest direction for approximately 0.8 km (0.5 mi) before 
turning east and following an unnamed dirt road in a northeasterly 
direction for approximately 2.7 km (1.7 mi) and reuniting with the 
northern boundary on Jefferson Road. Silt loam and silty clay loam 
soils are present throughout the unit, spanning broad uplands, 
depressions, and terraces and flood plains of headwater streams in the 
Coosa River watershed (PCE 1). Prairie openings and woodlands with low 
levels of canopy cover (PCE 2) are present throughout much of the unit. 
While Ellis and McCauley (2009, pp. 1837-1838) found very few viable 
achenes and low germination rates at this site, whorled sunflower has 
responded favorably to habitat management efforts by increasing in 
numbers, and there likely are now a sufficient number of compatible 
mates for production of viable achenes (PCE 3) at this site.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats of soil disturbance due to silvicultural site 
preparation or timber harvest; indiscriminate herbicide use or mowing 
for silvicultural purposes or road right-of-way maintenance; conversion 
of remnant prairie habitat to agricultural or industrial forestry uses, 
and excessive shading or competition from native woody species or 
invasive, nonnative plants.
Unit 3: Prairie Branch
    Unit 3 consists of 6.0 ha (14.9 ac) of privately owned land in 
McNairy County, Tennessee, and is located approximately 0.6 km (0.5 mi) 
south of the easternmost city limit of Ramer. This unit is located 
along Prairie Branch, a tributary to Muddy Creek, beginning 
approximately 0.42 km (0.26 mi) upstream of the point where it passes 
under Mt. Vernon Road and extending downstream for approximately 2.0 km 
(1.2 mi). Within this reach, the critical habitat unit extends forms a 
buffer extending 15 m (50 ft) upslope from the tops of the banks on 
both sides of Prairie Branch. Sandy loam soils (PCE 1) are present 
throughout the unit, as are small patches of vegetation containing 
whorled sunflower and other wet prairie species (PCE 2).
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats of soil disturbance due to agricultural practices; 
indiscriminate herbicide use or mowing for road or railroad right-of-
way maintenance; conversion of remnant prairie habitat to

[[Page 47074]]

agricultural uses; and competition from invasive, nonnative plants.
Unit 4: Pinson
    Unit 4 consists of 40.7 ha (100.5 ac) of privately owned land in 
Madison County, Tennessee, and is located approximately 4.1 km (2.5 mi) 
northwest of the city limits of Henderson, Tennessee. Beginning 
approximately 0.7 km southeast of the junction of U.S.-45 and Bear 
Creek Road, this unit extends approximately 0.08 km (0.05 mi) northeast 
of U.S.-45, crossing a railroad track, and then turns in a 
southeasterly direction, paralleling the track for a distance of 
approximately 0.5 km (0.3 mi). From this corner, the unit boundary 
turns southwest for a distance of approximately 0.79 km (0.49 mi), and 
then turns to the northwest for a distance of approximately 0.65 km 
(0.4 mi). From this corner, the unit boundary turns to the northeast 
for a distance of approximately 0.63 km (0.39 mi). Silt loam soils (PCE 
1) are present throughout the unit, small patches of vegetation 
containing whorled sunflower and wet prairie species (PCE 2) are 
present, and a sufficient number of compatible mates are present for 
the production of a limited number of viable achenes (PCE 3) (Ellis and 
McCauley 2009, p. 1838).
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats of soil disturbance due to agricultural practices; 
indiscriminate herbicide use or mowing road or railroad right-of-way 
maintenance; conversion of remnant prairie habitat to agricultural 
uses; and excessive shading or competition from native woody species or 
invasive, nonnative plants. Much of the land within this unit has been 
converted to agricultural uses, but is included because of the 
potential for decreasing fragmentation among the subpopulations that 
are present in this unit by restoring suitable vegetation within 
previously converted lands.

Fleshy-Fruit Gladecress

    We are proposing six units as critical habitat for fleshy-fruit 
gladecress. The critical habitat areas we describe below constitute our 
current best assessment of areas that meet the definition of critical 
habitat for fleshy-fruit gladecress. All these units are occupied at 
the time of listing. The six areas we propose as critical habitat are: 
(1) Bluebird Glades; (2) Stover Branch Glades; (3) Indian Tomb Hollow 
Glade; (4) Cedar Plains South; (5) Cedar Plains North; and (6) Massey 
Glade. The approximate area of each proposed critical habitat unit is 
shown in Table 4.

                      Table 4--Proposed Critical Habitat Units for Fleshy-Fruit Gladecress
----------------------------------------------------------------------------------------------------------------
       Critical habitat unit                County               Ownership           Hectares          Acres
----------------------------------------------------------------------------------------------------------------
1. Bluebird Glades................  Lawrence.............  Private..............            0.2              0.5
2. Stover Branch Glades...........  Lawrence.............  Private..............            3.2              7.8
3. Indian Tomb Hollow Glade.......  Lawrence.............  Federal..............            0.5              1.1
4. Cedar Plains South.............  Morgan...............  Private..............            0.04             0.1
5. Cedar Plains North.............  Morgan...............  Private..............            1.7              4.2
6. Massey Glade...................  Morgan...............  Private..............            2.75             6.8
                                                                                 -------------------------------
    Total.........................  .....................  .....................            8.4             20.5
----------------------------------------------------------------------------------------------------------------

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat for fleshy-fruit gladecress, 
below.
Unit 1: Bluebird Glades
    Unit 1 consists of 0.2 ha (0.5 ac) of privately owned land located 
in southeast Lawrence County, Alabama. The unit contains two 
subpopulations and is located along Alabama State Route 157 
approximately 3.5 km (2.2 mi) southeast of the intersections of State 
Routes 36 and 157, approximately 3.7 km (2.3 mi) southwest of Danville, 
Alabama. These plants are located within a highly disturbed, limestone 
glade within a former mobile home site. Well-lighted, open areas (PCE 
2), with shallow soils and exposed limestone bedrock or gravel that are 
dominated by characteristic glade vegetation (PCE 1), are present 
within the unit.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats of the invasion of exotic species into open glades and 
possible changes in land use, including road widening or development. 
Due to human-derived disturbances, exotic species, most notably Chinese 
privet and Japanese honeysuckle, threaten this site (Schotz 2009, pp. 
13-14).
Unit 2: Stover Branch Glades
    Unit 2 consists of 3.2 ha (7.8 ac) of privately owned land located 
in southeast Lawrence County, Alabama. The unit contains two 
subpopulations; one subpopulation is located on the southwest side of 
County Road 203 approximately 1.4 km (0.9 mi) south-southeast of 
Alabama State Route 157, and one subpopulation is located along the 
southwest side of State Route 157, approximately 1.6 to 2.1 km (1 to 
1.3 mi) southeast of State Route 36, in Speake, Alabama. These 
subpopulations are located within a pasture and are actively maintained 
by livestock grazing. Well-lighted, open areas (PCE 2), with shallow 
soils and exposed limestone bedrock or gravel that are dominated by 
characteristic glade vegetation (PCE 1), are present within the unit.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats of invasive species into open glades and incompatible 
livestock grazing. Invasive species encroachment and continuous 
livestock grazing during the plant's reproductive cycle constitute 
ongoing threats to this site (Schotz 2009, pp. 15-16).
Unit 3: Indian Tomb Hollow Glade
    Unit 3 consists of 0.5 ha (1.1 ac) of federally owned land located 
within the Bankhead National Forest in Lawrence County, Alabama. The 
unit is located on the west and northwest side of County Road 86 at a 
point roughly 4.5 km (2.8 mi) south of State Route 36 near Speake, 
Alabama. Habitat in this unit consists of a relatively small glade 
characterized by a flat limestone outcrop that is heavily buffered by 
nearly impenetrable tangles of eastern red cedar and upland swamp 
privet. Well-lighted, open areas (PCE 2), with shallow soils and 
exposed limestone bedrock or gravel that are dominated by 
characteristic glade vegetation (PCE 1), are present within the unit. 
The U.S. Forest Service provides management to control encroachment of 
invasive species (PCE 3).

[[Page 47075]]

    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats of the invasion of exotic species into open glade and 
damage from vehicles. Moderate encroachment of exotic species, most 
notably Chinese privet and Japanese honeysuckle, threatens this site 
along the glade periphery (Schotz 2009, pp. 18-19). This site also 
shows minimal incidence of trash disposal and damage from recreational 
vehicles.
Unit 4: Cedar Plains South
    Unit 4 consists of 0.04 ha (0.1 ac) of privately owned land located 
in Morgan County, Alabama. This unit is located on Cedar Plains Road, 
1.2 km (0.75 mi) south of County Road 55 and approximately 8 km (5 mi) 
west of the junction of U.S. Highway 31 and County Road 55 in 
Falkville. This population represents an excellent landscape context 
but contains the smallest number of plants of any of the known 
occurrences. Habitat in this unit consists of a well-lighted limestone 
glade opening (PCE 2) located within a limestone forest primarily 
comprised of eastern red cedar and various other hardwoods. Herbaceous 
vegetation characteristic of glade communities is present within the 
well-lighted glade (PCE 1), and competition and shading from native and 
invasive, nonnative plants are currently not a threat to the habitat in 
this unit (PCE 3). The features essential to the conservation of the 
species in this unit may require special management considerations or 
protections to prevent future adverse effects due to competition and 
shading caused by encroachment of native and invasive, nonnative 
plants.
Unit 5: Cedar Plains North
    Unit 5 consists of 1.7 ha (4.2 ac) of privately owned land located 
in Morgan County, Alabama. This unit is located on Cedar Plains Road, 
from 0.6 to 1 km (0.4 to 0.6 mi) north of County Road 55, approximately 
8 km (5 mi) west of the junction of U.S. Highway 31 and County Road 55 
in Falkville. These populations are located within a pasture and are 
actively maintained by livestock grazing. Well-lighted, open areas (PCE 
2), with shallow soils and exposed limestone bedrock or gravel that are 
dominated by characteristic glade vegetation (PCE 1), are present 
within the unit. This glade complex, although subjected to ongoing 
agricultural interests, represents the greatest concentration of plants 
currently known for the species.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats of invasive species into open glades and incompatible 
livestock grazing. Invasive species encroachment and continuous 
livestock grazing during the plant's reproductive cycle constitute 
ongoing threats to this site (Schotz 2009, pp. 23-24).
Unit 6: Massey Glade
    Unit 6 consists of 2.75 ha (6.8 ac) of privately owned land located 
in Morgan County, Alabama. This unit is located on County Road 55, 0.3 
to 0.6 km (0.2 to 0.4 mi) west of Cedar Plains Road, approximately 8.3 
km (5.2 mi) west of the junction of U.S. Highway 31 and County Road 55 
in Falkville. This population is located within a highly disturbed 
complex of limestone pavement barrens scattered in an actively utilized 
pasture and within the yards and fields of nearby homes. Well-lighted, 
open areas (PCE 2), with shallow soils and exposed limestone bedrock or 
gravel that are dominated by characteristic glade vegetation (PCE 1), 
are present within the unit.
    The features essential to the conservation of the species in this 
unit may require special management considerations or protection to 
address threats of invasive species into open glades and incompatible 
livestock grazing. Invasive species encroachment and continuous 
livestock grazing during the plant's reproductive cycle constitute 
ongoing threats to this site (Schotz 2009, pp. 25-26).

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that any action they fund, authorize, or carry out 
is not likely to jeopardize the continued existence of any endangered 
species or threatened species or result in the destruction or adverse 
modification of designated critical habitat of such species. In 
addition, section 7(a)(4) of the Act requires Federal agencies to 
confer with the Service on any agency action which is likely to 
jeopardize the continued existence of any species proposed to be listed 
under the Act or result in the destruction or adverse modification of 
proposed critical habitat.
    Decisions by the 5th and 9th Circuit Courts of Appeals have 
invalidated our regulatory definition of ``destruction or adverse 
modification'' (50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S. 
Fish and Wildlife Service, 378 F.3d 1059 (9th Cir. 2004) and Sierra 
Club v. U.S. Fish and Wildlife Service, 245 F.3d 434 (5th Cir. 2001)), 
and we do not rely on this regulatory definition when analyzing whether 
an action is likely to destroy or adversely modify critical habitat. 
Under the statutory provisions of the Act, we determine destruction or 
adverse modification on the basis of whether, with implementation of 
the proposed Federal action, the affected critical habitat would 
continue to serve its intended conservation role for the species.
    If a Federal action may affect a listed species or its critical 
habitat, the responsible Federal agency (action agency) must enter into 
consultation with us. Examples of actions that are subject to the 
section 7 consultation process are actions on State, tribal, local, or 
private lands that require a Federal permit (such as a permit from the 
U.S. Army Corps of Engineers under section 404 of the Clean Water Act 
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10 
of the Act) or that involve some other Federal action (such as funding 
from the Federal Highway Administration, Federal Aviation 
Administration, or the Federal Emergency Management Agency). Federal 
actions not affecting listed species or critical habitat, and actions 
on State, tribal, local, or private lands that are not federally funded 
or authorized, do not require section 7 consultation.
    As a result of section 7 consultation, we document compliance with 
the requirements of section 7(a)(2) through our issuance of:
    (1) A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or critical habitat; 
or
    (2) A biological opinion for Federal actions that may affect and 
are likely to adversely affect, listed species or critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species and/or 
destroy or adversely modify critical habitat, we provide reasonable and 
prudent alternatives to the project, if any are identifiable, that 
would avoid the likelihood of jeopardy and/or destruction or adverse 
modification of critical habitat. We define ``reasonable and prudent 
alternatives'' (at 50 CFR 402.02) as alternative actions identified 
during consultation that:
    (1) Can be implemented in a manner consistent with the intended 
purpose of the action,

[[Page 47076]]

    (2) Can be implemented consistent with the scope of the Federal 
agency's legal authority and jurisdiction,
    (3) Are economically and technologically feasible, and
    (4) Would, in the Director's opinion, avoid the likelihood of 
jeopardizing the continued existence of the listed species and/or avoid 
the likelihood of destroying or adversely modifying critical habitat.
    Reasonable and prudent alternatives can vary from slight project 
modifications to extensive redesign or relocation of the project. Costs 
associated with implementing a reasonable and prudent alternative are 
similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where we have 
listed a new species or subsequently designated critical habitat that 
may be affected and the Federal agency has retained discretionary 
involvement or control over the action (or the agency's discretionary 
involvement or control is authorized by law). Consequently, Federal 
agencies sometimes may need to request reinitiation of consultation 
with us on actions for which formal consultation has been completed, if 
those actions with discretionary involvement or control may affect 
subsequently listed species or designated critical habitat.

Application of the ``Adverse Modification'' Standard

    The key factor related to the adverse modification determination is 
whether, with implementation of the proposed Federal action, the 
affected critical habitat would continue to serve its intended 
conservation role for the species. Activities that may destroy or 
adversely modify critical habitat are those that alter the physical or 
biological features to an extent that appreciably reduces the 
conservation value of critical habitat for Short's bladderpod, whorled 
sunflower, or fleshy-fruit gladecress. As discussed above, the role of 
critical habitat is to support life-history needs of the species and 
provide for the conservation of the species.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe, in any proposed or final regulation that designates critical 
habitat, activities involving a Federal action that may destroy or 
adversely modify such habitat, or that may be affected by such 
designation.
    Activities that may affect critical habitat, when carried out, 
funded, or authorized by a Federal agency, should result in 
consultation for Short's bladderpod, whorled sunflower, or fleshy-fruit 
gladecress. These activities include, but are not limited to:
Short's Bladderpod
    (1) Actions that would remove, severely alter, or inundate portions 
of bedrock formations or outcrops of calcareous limestones and 
interbedded shales or siltstones (geologic substrates). Actions that 
could remove or severely alter geologic substrates include, but are not 
limited to, construction of bridges, buildings, quarries, roads, 
railroad tracks, or interstate pipelines and associated structures. 
These actions could directly remove or result in alteration of geologic 
substrates due to blasting with explosive charges and removal or 
disturbance by heavy machinery. Construction of new dams or raising 
elevations of existing dams downstream of a critical habitat unit could 
inundate geologic substrates.
    (2) Actions that would remove, severely alter, or increase erosion 
of soils. Such activities could include construction of bridges, 
buildings, quarries, roads, railroad tracks, or interstate pipelines 
and associated structures; maintenance of transportation rights-of-way; 
removal of woody vegetation; and reservoir management. Construction 
activities could directly remove soils during the course of grading and 
site preparation. Establishing a quarry would involve removal of the 
overburden, including soils, prior to excavating the geologic substrate 
for a quarry. Transportation right-of-way maintenance that involved 
grading or use of heavy equipment to remove vegetation could cause 
removal, alteration, or erosion of soils. Removal of woody vegetation, 
if done excessively, could result in soil erosion on the steeply sloped 
sites in most critical habitat units. Reservoir management that caused 
frequent changes in reservoir stage could lead to soil erosion, 
especially at lower elevations of hillside and bluff habitats. Removal 
or erosion of soils could lead to the loss or reduction of seed banks 
formed by Short's bladderpod. Soil alteration due to grading or other 
disturbance could cause soils to be overturned, resulting in burial of 
seed banks formed by Short's bladderpod.
    (3) Actions that would result in removal of forest communities, 
promote development of woody vegetation with high stocking densities 
that cause excessive shading and a lack of forest gaps, or introduce 
invasive, nonnative plants into critical habitat. Such activities could 
include timber harvest that severely reduces or completely removes 
forest canopy; mechanical or chemical vegetation management for 
transportation right-of-way maintenance; and introduction of invasive, 
nonnative herbaceous and woody plants. Timber harvest that severely 
reduces or completely removes forest canopy cover would promote forest 
regeneration characterized by high stem densities and lack of a diverse 
age structure, which could cause excessive shading. Mechanical or 
chemical vegetation management for transportation right-of-way 
maintenance potentially could be beneficial for Short's bladderpod if 
well-planned and carefully executed. However, indiscriminate use of 
chemical or mechanical methods for vegetation control could cause 
complete removal of the forest canopy, which would promote regeneration 
characterized by high stem densities and lack of a diverse age 
structure, potentially leading to excessive shading. Introducing 
invasive, nonnative herbaceous and woody plants could lead to excessive 
shading and competition. Such species include, but are not limited to 
Lonicera maackii (bush honeysuckle), L. japonica (Japanese 
honeysuckle), Ailanthus altissima (tree-of-heaven), Ligustrum vulgare 
and L. sinense (privet), Lespedeza cuneata (sericea lespedeza), and 
Lespedeza bicolor (bicolor lespedeza). The effects of the activities 
described above would eventually prevent Short's bladderpod from 
receiving adequate light for growth and reproduction.
Whorled Sunflower
    (1) Actions that would remove, severely alter, or increase erosion 
of soils. Such activities could include clearing, disking, plowing, and 
harvesting of row crop fields; site preparation, operation of heavy 
equipment, and construction and maintenance of log landings, loading 
decks, skid trails, and haul roads for silvicultural activities; and 
maintenance of transportation rights-of-way. These activities could 
result in the removal of soils, which would remove any whorled 
sunflower plants, rhizomes, or seeds present in the soil. These 
activities also could cause soil compaction, which could limit root and 
rhizome development or reduce water infiltration, or lead to increased 
soil erosion and loss of organic matter and nutrients.
    (2) Actions that would promote encroachment of woody species into 
old fields, prairie remnants, or woodlands with herbaceous vegetation 
that is characteristic of moist prairie remnants. Such activities could 
include the

[[Page 47077]]

planting of forest stands with high stem densities; planting forested 
stream buffers; or neglecting to conduct periodic mechanical 
disturbance, herbicide application, or prescribed burning. Planting 
forest stands with high stem densities or planting forested stream 
buffers would eventually lead to development of a canopy that would 
prevent whorled sunflower from receiving adequate light for growth and 
reproduction. Neglecting to conduct periodic management in suitable 
habitat, such as mechanical disturbance, careful herbicide application, 
or prescribed burning, would lead to encroachment by shrubs or trees 
that would eventually prevent whorled sunflower from receiving adequate 
light for growth and reproduction.
    (3) Actions that cause mortality of whorled sunflower plants or 
that disrupt growth and prevent individuals from producing flowers. 
Such activities could include indiscriminate herbicide application or 
mowing for transportation right-of-way maintenance, agriculture, or 
silviculture, or actions described above that cause removal of soils 
and plant parts they contain. Herbicide application or removal of soil 
and any plant parts contained therein could result in direct mortality 
of individual whorled sunflower plants. Poorly timed mowing could 
disrupt growth and prevent flower production. Either of these 
activities could permanently or temporarily reduce the number of 
compatible mates within a population, reducing the potential for viable 
achene production to occur.
Fleshy-Fruit Gladecress
    (1) Actions that would remove, severely alter, or significantly 
reduce limestone outcrops. Such activities could include, but are not 
limited to, construction of interstate pipelines and associated 
structures that are regulated by the Federal Energy Regulatory 
Commission; U.S. Army Corps of Engineers-issued Clean Water Act section 
404 and River and Harbors Act section 10 permits for wetland crossings 
for linear projects (pipelines, transmission lines, and roads); road 
development (expansions and improvements) funded by the Federal Highway 
Administration; and U.S. Department of Agriculture funding and 
technical assistance for conversion of glades and surroundings to pine 
plantations or for brush control programs involving herbicide 
applications. These actions could directly eliminate a site or alter 
the hydrology, open sunny aspect, and substrate conditions, reducing 
suitability of a location to a point that it no longer provides the 
environment necessary to sustain the species. In the case of some types 
of herbicide applications, the habitat may become unsuitable for 
germination and successful growth of seedlings. These activities would 
permanently alter the habitat that fleshy-fruit gladecress is dependent 
on to complete its life cycle.
    (2) Actions that would significantly alter natural flora, including 
disturbance activities such as digging, disking, blading or 
construction work; introduction of nonnative species for erosion 
control along rights-of-way or in other areas; and a lack of management 
of nonnative or native woody species.

Exemptions

Application of Section 4(a)(3) of the Act

    The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) 
required each military installation that includes land and water 
suitable for the conservation and management of natural resources to 
complete an integrated natural resources management plan (INRMP) by 
November 17, 2001. An INRMP integrates implementation of the military 
mission of the installation with stewardship of the natural resources 
found on the base. Each INRMP includes:
    (1) An assessment of the ecological needs on the installation, 
including the need to provide for the conservation of listed species;
    (2) A statement of goals and priorities;
    (3) A detailed description of management actions to be implemented 
to provide for these ecological needs; and
    (4) A monitoring and adaptive management plan.
    Among other things, each INRMP must, to the extent appropriate and 
applicable, provide for fish and wildlife management; fish and wildlife 
habitat enhancement or modification; wetland protection, enhancement, 
and restoration where necessary to support fish and wildlife; and 
enforcement of applicable natural resource laws.
    The National Defense Authorization Act for Fiscal Year 2004 (Pub. 
L. 108-136) amended the Act to limit areas eligible for designation as 
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 
U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary shall not 
designate as critical habitat any lands or other geographic areas owned 
or controlled by the Department of Defense, or designated for its use, 
that are subject to an integrated natural resources management plan 
prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the 
Secretary determines in writing that such plan provides a benefit to 
the species for which critical habitat is proposed for designation.''
    There are no Department of Defense lands with a completed INRMP 
within the proposed critical habitat designation.

Exclusions

Application of Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act states that the Secretary shall 
designate and make revisions to critical habitat on the basis of the 
best available scientific data after taking into consideration the 
economic impact, national security impact, and any other relevant 
impact of specifying any particular area as critical habitat. The 
Secretary may exclude an area from critical habitat if she determines 
that the benefits of such exclusion outweigh the benefits of specifying 
such area as part of the critical habitat, unless she determines, based 
on the best scientific data available, that the failure to designate 
such area as critical habitat will result in the extinction of the 
species. In making that determination, the statute on its face, as well 
as the legislative history, are clear that the Secretary has broad 
discretion regarding which factor(s) to use and how much weight to give 
to any factor.
Economic Impacts
    Under section 4(b)(2) of the Act, we consider the economic impacts 
of specifying any particular area as critical habitat. In order to 
consider economic impacts, we are preparing an analysis of the economic 
impacts of the proposed critical habitat designation and related 
factors.
    We will announce the availability of the draft economic analysis as 
soon as it is completed, at which time we will seek public review and 
comment. At that time, copies of the draft economic analysis will be 
available for downloading from the Internet at http://www.regulations.gov under Docket No. FWS-R4-ES-2013-0086, or by 
contacting the Tennessee Ecological Services Fish and Wildlife Office 
directly (see FOR FURTHER INFORMATION CONTACT section). During the 
development of a final designation, we will consider economic impacts, 
public comments, and other new information, and areas may be excluded 
from the final critical habitat designation under section 4(b)(2) of 
the Act and our implementing regulations at 50 CFR 424.19.

[[Page 47078]]

National Security Impacts
    Under section 4(b)(2) of the Act, we consider whether there are 
lands owned or managed by the Department of Defense where a national 
security impact might exist. In preparing this proposal, we have 
determined that no lands within the proposed designation of critical 
habitat for the whorled sunflower and fleshy-fruit gladecress are owned 
or managed by the Department of Defense. The Department of Defense owns 
or manages land, adjacent to Corps of Engineers reservoirs, where 
critical habitat is proposed for Short's bladderpod. However, we 
anticipate no impact on national security from designating this land as 
critical habitat. Consequently, the Secretary does not propose to 
exercise his discretion to exclude any areas from the final designation 
based on impacts on national security.
Other Relevant Impacts
    Under section 4(b)(2) of the Act, we consider any other relevant 
impacts, in addition to economic impacts and impacts on national 
security. We consider a number of factors, including whether the 
landowners have developed any HCPs or other management plans for the 
area, or whether there are conservation partnerships that would be 
encouraged by designation of, or exclusion from, critical habitat. In 
addition, we look at any tribal issues, and consider the government-to-
government relationship of the United States with tribal entities. We 
also consider any social impacts that might occur because of the 
designation.
    In preparing this proposal, we have determined that there are 
currently no HCPs or other management plans for the Short's bladderpod, 
whorled sunflower, nor fleshy-fruit gladecress, and the proposed 
designation does not include any tribal lands or trust resources. We 
anticipate no impact on tribal lands, partnerships, or HCPs from this 
proposed critical habitat designation. Accordingly, the Secretary does 
not propose to exercise her discretion to exclude any areas from the 
final designation based on other relevant impacts.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert 
opinions of at least three appropriate and independent specialists 
regarding this proposed rule. The purpose of peer review is to ensure 
that our critical habitat designation is based on scientifically sound 
data, and analyses. We have invited these peer reviewers to comment 
during this public comment period on our proposed designation of 
critical habitat for these species.
    We will consider all comments and information we receive during 
this comment period on this proposed rule during our preparation of a 
final determination. Accordingly, the final decision may differ from 
this proposal.

Public Hearings

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received within 45 
days after the date of publication of this proposed rule in the Federal 
Register. Such requests must be sent to the address shown in the FOR 
FURTHER INFORMATION CONTACT section. We will schedule public hearings 
on this proposal, if any are requested, and announce the dates, times, 
and places of those hearings, as well as how to obtain reasonable 
accommodations, in the Federal Register and local newspapers at least 
15 days before the hearing.

Required Determinations

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. The Office 
of Information and Regulatory Affairs has determined that this rule is 
not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.) as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA; 5 U.S.C 801 et seq.), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis that describes the effects of the rule on small entities 
(small businesses, small organizations, and small government 
jurisdictions). However, no regulatory flexibility analysis is required 
if the head of the agency certifies the rule will not have a 
significant economic impact on a substantial number of small entities. 
The SBREFA amended the RFA to require Federal agencies to provide a 
certification statement of the factual basis for certifying that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    According to the Small Business Administration, small entities 
include small organizations such as independent nonprofit 
organizations; small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents; and small businesses (13 CFR 121.201). Small businesses 
include such businesses as manufacturing and mining concerns with fewer 
than 500 employees, wholesale trade entities with fewer than 100 
employees, retail and service businesses with less than $5 million in 
annual sales, general and heavy construction businesses with less than 
$27.5 million in annual business, special trade contractors doing less 
than $11.5 million in annual business, and forestry and logging 
operations with fewer than 500 employees and annual business less than 
$7 million. To determine whether small entities may be affected, we 
will consider the types of activities that might trigger regulatory 
impacts under this designation as well as types of project 
modifications that may result. In general, the term ``significant 
economic impact'' is meant to apply to a typical small business firm's 
business operations.
    Importantly, the incremental impacts of a rule must be both 
significant and substantial to prevent certification of the rule under 
the RFA and to require the preparation of an initial regulatory 
flexibility analysis. If a substantial number of small entities are 
affected by the proposed critical habitat designation, but the per-
entity economic impact is not significant, the Service may certify. 
Likewise, if the per-entity economic impact is likely to be 
significant, but the number of affected entities is not substantial, 
the Service may also certify.
    Under the RFA, as amended, and following recent court decisions, 
Federal agencies are only required to

[[Page 47079]]

evaluate the potential incremental impacts of rulemaking on those 
entities directly regulated by the rulemaking itself, and not the 
potential impacts to indirectly affected entities. The regulatory 
mechanism through which critical habitat protections are realized is 
section 7 of the Act, which requires Federal agencies, in consultation 
with the Service, to ensure that any action authorized, funded, or 
carried by the agency is not likely to adversely modify critical 
habitat. Therefore, only Federal action agencies are directly subject 
to the specific regulatory requirement (avoiding destruction and 
adverse modification) imposed by critical habitat designation. Under 
these circumstances, it is our position that only Federal action 
agencies will be directly regulated by this designation. Therefore, 
because Federal agencies are not small entities, the Service may 
certify that the proposed critical habitat rule will not have a 
significant economic impact on a substantial number of small entities.
    We acknowledge, however, that in some cases, third-party proponents 
of the action subject to permitting or funding may participate in a 
section 7 consultation, and thus may be indirectly affected. We believe 
it is good policy to assess these impacts if we have sufficient data 
before us to complete the necessary analysis, whether or not this 
analysis is strictly required by the RFA. While this regulation does 
not directly regulate these entities, in our draft economic analysis we 
will conduct a brief evaluation of the potential number of third 
parties participating in consultations on an annual basis in order to 
ensure a more complete examination of the incremental effects of this 
proposed rule in the context of the RFA.
    In conclusion, we believe that, based on our interpretation of 
directly regulated entities under the RFA and relevant case law, this 
designation of critical habitat will only directly regulate Federal 
agencies which are not by definition small business entities. As such, 
certify that, if promulgated, this designation of critical habitat 
would not have a significant economic impact on a substantial number of 
small business entities. Therefore, an initial regulatory flexibility 
analysis is not required. However, though not necessarily required by 
the RFA, in our draft economic analysis for this proposal we will 
consider and evaluate the potential effects to third parties that may 
be involved with consultations with Federal action agencies related to 
this action.

Energy Supply, Distribution, or Use--Executive Order 13211

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use) requires 
agencies to prepare Statements of Energy Effects when undertaking 
certain actions. We do not expect the designation of this proposed 
critical habitat to significantly affect energy supplies, distribution, 
or use, because: (1) Areas where critical habitat is being proposed for 
whorled sunflower and fleshy-fruit gladecress are not presently used 
for energy production, and (2) areas where critical habitat is being 
proposed for Short's bladderpod are not adversely affected as a result 
of hydropower generation by the Corps of Engineers. The authorized 
project purposes for Cheatham, Old Hickory, and Cordell Hull dams are 
navigation and hydropower. The overall reservoir system serves multiple 
purposes, including flood control, hydropower, navigation, recreation, 
water supply, and water quality. The preferred method of releasing 
water from these reservoirs is through hydropower turbines, and, to the 
extent possible, release schedules are developed to best meet peak 
power demands. However, storage capacity in these reservoirs constrains 
the upper limit at which reservoir stage can be maintained, sometimes 
requiring the Corps of Engineers to release water through spillways in 
addition to hydropower turbines, and limits the extent to which the 
lower elevations within proposed critical habitat units adjacent to 
these reservoirs are inundated or subjected to erosion due to stage 
fluctuation that could adversely modify features essential to the 
conservation of Short's bladderpod. Therefore, this action is not a 
significant energy action, and no Statement of Energy Effects is 
required. However, we will further evaluate this issue as we conduct 
our economic analysis, and review and revise this assessment as 
warranted.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we make the following findings:
    (1) This rule would not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute, or regulation 
that would impose an enforceable duty upon State, local, or tribal 
governments, or the private sector, and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding,'' and the State, local, or tribal 
governments ``lack authority'' to adjust accordingly. At the time of 
enactment, these entitlement programs were: Medicaid; Aid to Families 
with Dependent Children work programs; Child Nutrition; Food Stamps; 
Social Services Block Grants; Vocational Rehabilitation State Grants; 
Foster Care, Adoption Assistance, and Independent Living; Family 
Support Welfare Services; and Child Support Enforcement. ``Federal 
private sector mandate'' includes a regulation that ``would impose an 
enforceable duty upon the private sector, except (i) a condition of 
Federal assistance or (ii) a duty arising from participation in a 
voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal Government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions do not destroy or adversely modify critical 
habitat under section 7. While non-Federal entities that receive 
Federal funding, assistance, or permits, or that otherwise require 
approval or authorization from a Federal agency for an action, may be 
indirectly impacted by the designation of critical habitat, the legally 
binding duty to avoid destruction or adverse modification of critical 
habitat rests squarely on the Federal agency. Furthermore, to the 
extent that non-Federal entities are indirectly impacted because they 
receive Federal assistance or participate in a voluntary Federal aid 
program, the Unfunded Mandates Reform Act would not apply, nor would 
critical habitat shift the costs of the large entitlement programs 
listed above onto State governments.
    (2) We do not believe that this rule would significantly or 
uniquely affect small governments. The majority of lands being proposed 
for critical habitat

[[Page 47080]]

designation are privately owned or owned by the Federal government, 
although Ashland City, Tennessee, and Frankfort, Kentucky, own small 
portions of lands proposed as critical habitat for Short's bladderpod. 
Small governments will be affected only to the extent that any programs 
having Federal funds, permits, or other authorized activities must 
ensure that their actions will not adversely affect the critical 
habitat. Therefore, a Small Government Agency Plan is not required. 
However, we will further evaluate these issues as we conduct our 
economic analysis, and review and revise this assessment as warranted.

Takings--Executive Order 12630

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of 
designating critical habitat for the Short's bladderpod, whorled 
sunflower, and fleshy-fruit gladecress in takings implications 
assessments. Based on the best available information, the takings 
implications assessments conclude that the designations of critical 
habitat for the Short's bladderpod, whorled sunflower, and fleshy-fruit 
gladecress do not pose significant takings implications. However, we 
will further evaluate this issue as we develop our final designation, 
and review and revise this assessment as warranted.

Federalism--Executive Order 13132

    In accordance with Executive Order 13132 (Federalism), this 
proposed rule does not have significant Federalism effects. A 
federalism summary impact statement is not required. In keeping with 
Department of the Interior and Department of Commerce policy, we 
requested information from, and coordinated development of, this 
proposed critical habitat designation with appropriate State resource 
agencies in Alabama, Georgia, Indiana, Kentucky, and Tennessee. The 
designation of critical habitat in areas currently occupied by Short's 
bladderpod, whorled sunflower, and fleshy-fruit gladecress imposes no 
additional restrictions to those that would be put in place by the 
listing of the species and, therefore, has little incremental impact on 
State and local governments and their activities. The designation may 
have some benefit to these governments because the areas that contain 
the physical or biological features essential to the conservation of 
the species are more clearly defined, and the elements of the features 
necessary to the conservation of the species are specifically 
identified. This information does not alter where and what federally 
sponsored activities may occur. However, it may assist local 
governments in long-range planning (rather than having them wait for 
case-by-case section 7 consultations to occur).
    Where State and local governments require approval or authorization 
from a Federal agency for actions that may affect critical habitat, 
consultation under section 7(a)(2) would be required. While non-Federal 
entities that receive Federal funding, assistance, or permits, or that 
otherwise require approval or authorization from a Federal agency for 
an action, may be indirectly impacted by the designation of critical 
habitat, the legally binding duty to avoid destruction or adverse 
modification of critical habitat rests squarely on the Federal agency.

Civil Justice Reform--Executive Order 12988

    In accordance with Executive Order 12988 (Civil Justice Reform), 
the Office of the Solicitor has determined that the rule does not 
unduly burden the judicial system and that it meets the requirements of 
sections 3(a) and 3(b)(2) of the Order. We have proposed designating 
critical habitat in accordance with the provisions of the Act. To 
assist the public in understanding the habitat needs of the species, 
the rule identifies the elements of physical or biological features 
essential to the conservation of the species. The designated areas of 
critical habitat are presented on maps, and the rule provides several 
options for the interested public to obtain more detailed location 
information, if desired.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or 
reporting requirements on State or local governments, individuals, 
businesses, or organizations. 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 OMB control number.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    It is our position that, outside the jurisdiction of the U.S. Court 
of Appeals for the Tenth Circuit, we do not need to prepare 
environmental analyses pursuant to the National Environmental Policy 
Act (NEPA; 42 U.S.C. 4321 et seq.) in connection with designating 
critical habitat under the Act. We published a notice outlining our 
reasons for this determination in the Federal Register on October 25, 
1983 (48 FR 49244). This position was upheld by the U.S. Court of 
Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 
(9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)).

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994 
(Government-to-Government Relations with Native American Tribal 
Governments; 59 FR 22951), Executive Order 13175 (Consultation and 
Coordination With Indian Tribal Governments), and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. In accordance with 
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act), 
we readily acknowledge our responsibilities to work directly with 
tribes in developing programs for healthy ecosystems, to acknowledge 
that tribal lands are not subject to the same controls as Federal 
public lands, to remain sensitive to Indian culture, and to make 
information available to tribes.
    We determined that there are no tribal lands occupied by Short's 
bladderpod, whorled sunflower, or fleshy-fruit gladecress at the time 
of listing that contain the features essential for conservation of the 
species, and no tribal lands unoccupied by these species that are 
essential for the conservation of the species. Therefore, we are not 
proposing to designate critical habitat for the Short's bladderpod, 
whorled sunflower, or fleshy-fruit gladecress on tribal lands.

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and

[[Page 47081]]

    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

References Cited

    A complete list of references cited in this rulemaking is available 
on the Internet at http://www.regulations.gov under Docket No. FWS-R4-
ES-2013-0086 and upon request from the Tennessee Ecological Services 
Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this package are the staff members of the 
Tennessee and Alabama Ecological Services Field Offices.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless 
otherwise noted.
0
2. Amend Sec.  17.96 paragraph (a) as follows:
0
a. By adding an entry in alphabetical order under Family Asteraceae for 
``Helianthus verticillatus (whorled sunflower)''; and
0
b. By adding entries in alphabetical order under Family Brassicaceae 
for ``Leavenworthia crassa (fleshy-fruit gladecress)'' and ``Physaria 
globosa (Short's bladderpod)''.
    The additions read as follows:


Sec.  17.96  Critical habitat--plants.

* * * * *
    (a) Flowering plants.
* * * * *
Family Asteraceae: Helianthus verticillatus (whorled sunflower)
    (1) Critical habitat units are depicted for Cherokee County, 
Alabama; Floyd County, Georgia; and Madison and McNairy Counties, 
Tennessee, on the maps below.
    (2) Within these areas, the primary constituent elements of the 
physical or biological features essential to the conservation of 
whorled sunflower consist of three components:
    (i) Silt loam, silty clay loam, or fine sandy loam soils on land 
forms including broad uplands, depressions, stream terraces, and 
floodplains within the headwaters of the Coosa River in Alabama and 
Georgia and the East Fork Forked Deer and Tuscumbia rivers in 
Tennessee.
    (ii) Sites in which forest canopy is absent, or where woody 
vegetation is present at sufficiently low densities to provide full or 
partial sunlight to whorled sunflower plants for most of the day, and 
which support vegetation characteristic of moist prairie communities. 
Invasive, nonnative plants must be absent or present in sufficiently 
low numbers to not inhibit growth or reproduction of whorled sunflower.
    (iii) Occupied sites in which a sufficient number of compatible 
mates are present for outcrossing and production of viable achenes to 
occur.
    (3) Critical habitat does not include manmade structures (such as 
buildings, aqueducts, runways, roads, and other paved areas) and the 
land on which they are located existing within the legal boundaries on 
the effective date of this rule.
    (4) Critical habitat map units. Data layers defining map units were 
created on a base of Bing Maps digital aerial photography supplied by 
the Harris Corporation, Earthstar Geographics LLC, and the Microsoft 
Corporation. Critical habitat units were then mapped using the USA 
Contiguous Albers Equal Area Projection with a NAD 83 datum. The maps 
in this entry, as modified by any accompanying regulatory text, 
establish the boundaries of the critical habitat designation. The 
coordinates or plot points or both on which each map is based are 
available to the public at the Service's Internet site at http://www.fws.gov/cookeville, at http://www.regulations.gov at Docket No. 
FWS-R4-ES-2013-0086, and at the field office responsible for this 
designation. You may obtain field office location information by 
contacting one of the Service regional offices, the addresses of which 
are listed at 50 CFR 2.2.
BILLING CODE4310-55-P

[[Page 47082]]

    (5) Index map follows: 
    [GRAPHIC] [TIFF OMITTED] TP02AU13.002
    

[[Page 47083]]


    (6) Unit 1: Mud Creek, Cherokee County, Alabama, Map of Unit 1 
follows: 
[GRAPHIC] [TIFF OMITTED] TP02AU13.003


[[Page 47084]]


    (7) Unit 2: Coosa Valley Prairie, Floyd County, Georgia. Map of 
Unit 2 follows: 
[GRAPHIC] [TIFF OMITTED] TP02AU13.004


[[Page 47085]]


    (8) Unit 3: Prairie Branch, McNairy County, Tennessee. Map of Unit 
3 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.005


[[Page 47086]]


    (9) Unit 4: Pinson, Madison County, Tennessee. Map of Unit 4 
follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.006

* * * * *
Family Brassicaceae: Leavenworthia crassa (fleshy-fruit gladecress)
    (1) Critical habitat units are depicted for Lawrence and Morgan 
Counties, Alabama, on the maps below.
    (2) Within these areas, the primary constituent elements of the 
physical or biological features essential to the conservation of 
fleshy-fruit gladecress consist of three components:
    (i) Shallow-soiled, open areas with exposed limestone bedrock or 
gravel that are dominated by herbaceous vegetation characteristic of 
glade communities.
    (ii) Open or well-lighted areas of exposed limestone bedrock or 
gravel that ensure fleshy-fruit gladecress plants remain unshaded for a 
significant portion of the day.
    (iii) Glade habitat that is protected from both native and 
invasive, nonnative plants to minimize

[[Page 47087]]

competition and shading of fleshy-fruit gladecress.
    (3) Critical habitat does not include manmade structures (such as 
buildings, aqueducts, runways, roads, and other paved areas) and the 
land on which they are located existing within the legal boundaries on 
the effective date of this rule.
    (4) Critical habitat map units. Data layers defining map units were 
created on a base of Bing Maps digital aerial photography supplied by 
the Harris Corporation, Earthstar Geographics LLC, and the Microsoft 
Corporation. Critical habitat units were then mapped using the USA 
Contiguous Albers Equal Area Projection with a NAD 83 datum. The maps 
in this entry, as modified by any accompanying regulatory text, 
establish the boundaries of the critical habitat designation. The 
coordinates or plot points or both on which each map is based are 
available to the public at the Service's Internet site at http://www.fws.gov/cookeville, at http://www.regulations.gov at Docket No. 
FWS-R4-ES-2013-0086, and at the field office responsible for this 
designation. You may obtain field office location information by 
contacting one of the Service regional offices, the addresses of which 
are listed at 50 CFR 2.2.

[[Page 47088]]

    (5) Index map follows:
    [GRAPHIC] [TIFF OMITTED] TP02AU13.007
    

[[Page 47089]]


    (6) Unit 1: Bluebird Glades, Lawrence County, Alabama. Map of Units 
1 and 2 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.008

    (7) Unit 2: Stover Branch Glades, Lawrence County, Alabama. Map of 
Unit 2 is provided at paragraph (6) of this entry.

[[Page 47090]]

    (8) Unit 3: Indian Tomb Hollow Glade, Lawrence County, Alabama. Map 
of Unit 3 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.009


[[Page 47091]]


    (9) Unit 4: Cedar Plains South, Morgan County, Alabama. Map of 
Units 4, 5, and 6 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.010

    (10) Unit 5: Cedar Plains North, Morgan County, Alabama. Map of 
Unit 5 is provided at paragraph (8) of this entry.
    (11) Unit 6: Massey Glade, Morgan County, Alabama. Map of Unit 6 is 
provided at paragraph (8) of this entry.
* * * * *
    Family Brassicaceae: Physaria globosa (Short's bladderpod)
    (1) Critical habitat units are depicted for Posey County, Indiana; 
Clark, Franklin, and Woodford Counties, Kentucky; and Cheatham, 
Davidson, Dickson, Jackson, Montgomery, Smith, and Trousdale Counties, 
Tennessee, on the maps below.
    (2) Within these areas, the primary constituent elements of the 
physical or biological features essential to the conservation of 
Short's bladderpod consist of three components:

[[Page 47092]]

    (i) Bedrock formations and outcrops of calcareous limestone, 
sometimes with interbedded shale or siltstone, in close proximity to 
the mainstem or tributaries of the Kentucky and Cumberland rivers. 
These outcrop sites or areas of suitable bedrock geology should be 
located on steeply sloped hillsides or bluffs, typically on south- to 
west-facing aspects.
    (ii) Shallow or rocky, well-drained soils formed from the 
weathering of underlying calcareous bedrock formations, which are 
undisturbed or subjected to minimal disturbance, so as to retain 
habitat for ground-nesting pollinators and potential for maintenance of 
a soil seed bank.
    (iii) Forest communities with low levels of canopy closure or 
openings in the canopy to provide adequate sunlight for individual and 
population growth. Invasive, nonnative plants must be absent or present 
in sufficiently low numbers to not inhibit growth or reproduction of 
Short's bladderpod.
    (3) Critical habitat does not include manmade structures (such as 
buildings, aqueducts, runways, roads, and other paved areas) and the 
land on which they are located existing within the legal boundaries on 
the effective date of this rule.
    (4) Critical habitat map units. Data layers defining map units were 
created on a base of Bing Maps digital aerial photography supplied by 
the Harris Corporation, Earthstar Geographics LLC, and the Microsoft 
Corporation. Critical habitat units were then mapped using the USA 
Contiguous Albers Equal Area Projection with a NAD 83 datum. The maps 
in this entry, as modified by any accompanying regulatory text, 
establish the boundaries of the critical habitat designation. The 
coordinates or plot points or both on which each map is based are 
available to the public at the Service's Internet site at http://www.fws.gov/cookeville, at http://www.regulations.gov at Docket No. 
FWS-R4-ES-2013-0086, and at the field office responsible for this 
designation. You may obtain field office location information by 
contacting one of the Service regional offices, the addresses of which 
are listed at 50 CFR 2.2.

[[Page 47093]]

    (5) Index map follows:
    [GRAPHIC] [TIFF OMITTED] TP02AU13.011
    

[[Page 47094]]


    (6) Unit 1: Kings and Queens Bluff, Montgomery County, Tennessee. 
Map of Unit 1 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.012


[[Page 47095]]


    (7) Unit 2: Lock B Road, Montgomery County, Tennessee. Map of Units 
2 and 3 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.013

    (8) Unit 3: Jarrel Ridge Road, Montgomery County, Tennessee. Map of 
Unit 3 is provided at paragraph (7) of this entry.

[[Page 47096]]

    (9) Unit 4: Cheatham Lake, Cheatham County, Tennessee. Map of Unit 
4 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.014


[[Page 47097]]


    (10) Unit 5: Harpeth River, Cheatham County, Tennessee. Map of 
Units 5 and 6 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.015

    (11) Unit 6: Montgomery Bell Bridge, Cheatham and Dickson Counties, 
Tennessee. Map of Unit 6 is provided at paragraph (10) of this entry.

[[Page 47098]]

    (12) Unit 7: Nashville and Western Railroad, Cheatham County, 
Tennessee. Map of Unit 7 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.016


[[Page 47099]]


    (13) Unit 8: River Trace, Cheatham and Davidson Counties, 
Tennessee. Map of Unit 8 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.017


[[Page 47100]]


    (14) Unit 9: Old Hickory Lake, Trousdale County, Tennessee. Map of 
Units 9 and 10 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.018

    (15) Unit 10: Coleman-Winston Bridge, Trousdale County, Tennessee. 
Map of Unit 10 is provided at paragraph (14) of this entry.

[[Page 47101]]

    (16) Unit 11: Cordell Hull Reservoir, Smith County, Tennessee. Map 
of Unit 11 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.019


[[Page 47102]]


    (17) Unit 12: Funns Branch, Jackson County, Tennessee. Map of Units 
12 and 13 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.020

    (18) Unit 13: Wartrace Creek, Jackson County, Tennessee. Map of 
Unit 13 is provided at paragraph (17) of this entry.

[[Page 47103]]

    (19) Unit 14: Camp Pleasant Branch, Franklin County, Kentucky. Map 
of Unit 14 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.021


[[Page 47104]]


    (20) Unit 15: Kentucky River, Franklin County, Kentucky. Map of 
Units 15 and 16 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.022

    (21) Unit 16: Owenton Road, Franklin County, Kentucky. Map of Unit 
16 is provided at paragraph (20) of this entry.

[[Page 47105]]

    (22) Unit 17: Little Benson Creek, Franklin County, Kentucky. Map 
of Unit 17 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.023


[[Page 47106]]


    (23) Unit 18: Boone Creek, Clark County, Kentucky. Map of Unit 18 
follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.024


[[Page 47107]]


    (24) Unit 19: Delaney Ferry Road, Woodford County, Kentucky. Map of 
Unit 19 follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.025


[[Page 47108]]


    (25) Unit 20: Bonebank Road, Posey County, Indiana. Map of Unit 20 
follows:
[GRAPHIC] [TIFF OMITTED] TP02AU13.026

* * * * *

    Dated: July 19, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-18456 Filed 8-1-13; 8:45 am]
BILLING CODE 4310-55-C