[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Rules and Regulations]
[Pages 25683-25688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10049]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2013-0069; 4500030113]
RIN 1018-AY73


Endangered and Threatened Wildlife and Plants; Determination of 
Threatened Status for Leavenworthia exigua var. laciniata (Kentucky 
Glade Cress)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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[[Page 25684]]

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine 
threatened species status under the Endangered Species Act of 1973 
(Act), as amended, for Leavenworthia exigua var. laciniata (Kentucky 
glade cress), a plant species from Bullitt and Jefferson Counties, 
Kentucky. The effect of this regulation will be to add this species to 
the List of Endangered and Threatened Plants.

DATES: This rule is effective June 5, 2014.

ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov. Comments and materials we received, as well as 
supporting documentation we used in preparing this rule, are available 
for public inspection at http://www.regulations.gov. All of the 
comments, materials, and documentation that we considered in this 
rulemaking are also available by appointment during normal business 
hours at: U.S. Fish and Wildlife Service, Kentucky Ecological Services 
Field Office, J.C. Watts Federal Building, 330 W. Broadway, Rm. 265, 
Frankfort, KY 40601; telephone 502-695-0468.

FOR FURTHER INFORMATION CONTACT: Lee Andrews, Field Supervisor, U.S. 
Fish and Wildlife Service, Kentucky Ecological Services Field Office 
(see ADDRESSES above). Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 
800-877-8339.

SUPPLEMENTARY INFORMATION:

Previous Federal Action

    Please refer to the proposed listing rule for Leavenworthia exigua 
var. laciniata (78 FR 31498; May 24, 2013) for a detailed description 
of previous Federal actions concerning this species.

Background

    Leavenworthia exigua var. laciniata is an annual member of the 
mustard family (Brassicaceae) known only from Bullitt and Jefferson 
Counties, Kentucky. The natural habitat for L. exigua var. laciniata is 
cedar or limestone glades (Baskin and Baskin 1981, p. 243), but the 
taxon is also known from overgrazed pastures, eroded shallow soil areas 
with exposed bedrock, and areas where the soil has been scraped off the 
underlying bedrock (Evans and Hannan 1990, p. 8). The plants grow to 5 
to 10 centimeters (1.97 to 3.94 inches) in height with early leaves 
that are simple with a slender petiole (central stalk of the leaf) and 
mature leaves that are sharply lobed (appear as disconnected pieces 
along the main leaf vein), somewhat squarish at the ends, and arranged 
as a rosette (circular cluster of leaves) (Evans and Hannan 1990, p. 
5). Please refer to the proposed listing rule for L. exigua var. 
laciniata (78 FR 31498; May 24, 2013) for a summary of species 
information.

Summary of Biological Status and Threats

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. Under section 4(a)(1) of the Act, we may list a species based 
on any of the following five factors: (A) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; and (E) other natural or manmade 
factors affecting its continued existence. Listing may be warranted 
based on any of the above threat factors, singly or in combination. 
Each of these factors is discussed below.

Summary of Factor A: The Present or Threatened Destruction, 
Modification, or Curtailment of Its Habitat or Range

    Comprehensively, the loss and degradation of habitat represents the 
greatest threat to Leavenworthia exigua var. laciniata. Destruction and 
degradation of glades through development, roads, utilities, and 
conversion to lawns have resulted in fewer occurrences of L. exigua 
var. laciniata and reduced the quality of many of the remaining 
occurrences. Additional impacts of this nature are expected to continue 
far into the future as the human population within the range of L. 
exigua var. laciniata continues to grow. While the rate of development 
and associated activities will probably not reach the highs seen during 
the housing market bubble of the mid-2000s, it is expected to continue 
at a rate above the State average. As the Louisville metropolitan area 
continues to expand, undeveloped portions of southern Jefferson and 
northeastern Bullitt Counties will continue to be attractive to 
developers, and, consequently, residential and commercial development 
and its ancillary activities will continue. Documented impacts from 
horseback riding, off-road vehicle use, and changes in grazing 
practices have resulted in the loss or degradation of several L. exigua 
var. laciniata occurrences. These activities are expected to continue 
in the future but to an unknown extent. Forest encroachment is expected 
to continue in areas without active management. A few voluntary 
conservation measures are in place on properties owned by private 
individuals, or State or local government, that reduce threats to 
specific L. exigua var. laciniata occurrences, but to date, none of 
these has resulted in any measurements of success or assurances that 
these activities will continue into the future. Climate change has the 
potential to impact this species, but to what extent we cannot predict.

Summary of Factor B: Overutilization for Commercial, Recreational, 
Scientific, or Educational Purposes

    We have no information to suggest that Leavenworthia exigua var. 
laciniata is currently collected for commercial, recreational, or 
educational purposes. The Service will coordinate with any agency or 
university studying L. exigua var. laciniata to ensure that future 
collections will not significantly contribute to the decline of the 
species. Accordingly, we have no reason to believe that this factor 
will become a threat to the species in the future.

Summary of Factor C: Disease or Predation

    There is no available information regarding disease in 
Leavenworthia exigua var. laciniata. Furthermore, we have not 
identified any information regarding animal (wild or domestic) 
predation on L. exigua var. laciniata. Field observations by the 
Kentucky State Nature Preserves Commission (KSNPC) during extensive 
surveys of this species indicate that neither disease nor predation is 
a factor contributing to the decline of the species at this time (Evans 
and Hannan 1990, p. 12; White, pers. comm., 2012).

Summary of Factor D: The Inadequacy of Existing Regulatory Mechanisms

    Other than the Act (16 U.S.C. 1531 et seq.), we are not aware of 
any State or Federal statutes or regulations that would provide 
protections to Leavenworthia exigua var. laciniata. The Kentucky Rare 
Plants Recognition Act (Kentucky Revised Statutes, chapter 146, 
sections 600-619) directs the KSNPC to identify plants native to 
Kentucky that are in danger of extirpation within Kentucky and report 
every 4 years to the Governor and General Assembly on the conditions 
and needs of these endangered or threatened plants. We determined that 
this statute does not include any regulatory prohibitions of activities 
or direct protections for any identified species. The intent of this 
statute is not to

[[Page 25685]]

ameliorate the threats identified for the species, but it does provide 
information on the species.

Summary of Factor E: Other Natural or Manmade Factors Affecting Its 
Continued Existence

    Leavenworthia exigua var. laciniata is subject to several ongoing 
natural and manmade factors that could affect its continued existence. 
The species has a narrow range, occurring in only small portions of two 
counties. Within this range, L. exigua var. laciniata is restricted to 
cedar glades and similar shallow-soiled areas that occur sporadically 
across the range. More than half of the remaining occurrences had low 
(fewer than 100 individuals) population counts at the time of the most 
recent survey. Additionally, the presumed low genetic diversity within 
individual occurrences of L. exigua var. laciniata could place those 
occurrences at a high risk of extirpation as their capacity for 
adaptation to change is reduced.
    Please refer to Summary of Factors Affecting the Species section of 
the species status assessment (78 FR 31498; May 24, 2013) for a more 
detailed discussion of the factors affecting L. exigua var. laciniata. 
Our assessment evaluated the biological status of the species and 
threats affecting its continued existence. The assessment was based 
upon the best available scientific and commercial data and the expert 
opinion of the species status assessment team members.

Summary of Comments and Recommendations

    In the proposed rule published on May 24, 2013 (78 FR 31498), we 
requested that all interested parties submit written comments on the 
proposal on or before July 23, 2013. We also contacted appropriate 
Federal and State agencies, scientific experts and organizations, and 
other interested parties and invited them to comment on the proposal. 
Newspaper notices inviting general public comment were published in the 
Louisville Courier Journal and the Pioneer News. We did not receive any 
requests for a public hearing. All substantive information provided 
during comment periods has either been incorporated directly into this 
final determination or addressed below.

Peer Reviewer Comments

    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), we solicited expert opinion from seven knowledgeable 
individuals with scientific expertise that included familiarity with 
Leavenworthia exigua var. laciniata and its habitat, biological needs, 
and threats. We received responses from three of the peer reviewers.
    We reviewed all comments we received from the peer reviewers for 
substantive issues and new information regarding the listing of L. 
exigua var. laciniata. The peer reviewers generally concurred with our 
methods and conclusions, and provided additional information, 
clarifications, and suggestions to improve this final rule. Peer 
reviewer comments are addressed in the following summary and 
incorporated into the final rule as appropriate.
    (1) Comment: One peer reviewer recommended that within the Biology 
section, where we describe the changes that L. exigua var. laciniata 
seed undergo during the summer, we change the word ``physical'' to 
``physiological.''
    Our Response: We appreciate the recommendation and have updated the 
Biology section to reflect this change.
    (2) Comment: One peer reviewer questioned the statement in the 
section on Current Range/Distribution that very little remaining glade 
habitat within the species' range has not been surveyed. This peer 
reviewer asked if we had intended to state that little habitat had been 
surveyed.
    Our Response: We intended to state that very little glade habitat 
remains within the species' range that has not been surveyed. Over the 
last 20 years, KSNPC has systematically used aerial photography and 
known geology to identify potential L. exigua var. laciniata glade 
habitat with the intent of identifying new populations within the known 
range and exploring potential areas to expand the known habitat. Very 
little potential habitat, i.e., cedar or limestone glades, the only 
habitat known for this species, has not been surveyed. Also, this part 
of the State is heavily explored because it is so populated and 
accessible; therefore, discovering any additional habitat for this 
species is very unlikely (D. White, pers. comm., 2012).
    (3) Comment: One peer reviewer stated that it is not clear in our 
discussion of significant landownerships whether the species is 
actually present at the locations identified.
    Our Response: Table 3 of the proposed rule (78 FR 31498; May 24, 
2013) summarizes the ownership areas and includes the most recent 
population data for L. exigua var. laciniata in those areas.

Comments From States

    The Commonwealth of Kentucky did not submit comments. We note, 
however, that one of the peer reviewers was from KSNPC. Those comments 
are addressed above.

Public Comments

    During the public comment period, we received two comment letters 
directly addressing the proposed listing. These letters also addressed 
the proposed critical habitat designation. Comments pertaining to the 
critical habitat designation are addressed in that final rule, 
published elsewhere in today's Federal Register. Both comment letters 
received regarding the proposed listing were positive and in support of 
the proposed listing.
    (4) Comment: One commenter provided information regarding recent 
infrastructure improvements (water line extensions, new sewer pump 
station) that would encourage expanded development within the range of 
L. exigua var. laciniata.
    Our Response: We appreciate the supporting information.
    (5) Comment: One commenter stated that more locations of L. exigua 
var. laciniata will be identified.
    Our Response: We agree that it is likely that the plant will be 
found in more locations as survey efforts increase. Intense efforts on 
the ground and via aerial imagery have already been conducted to 
identify and explore potential cedar glade habitats. We will evaluate 
new information as it becomes available to determine if it results in 
any significant expansion of the species' range or a significant 
increase in extant occurrences.
    (6) Comment: One commenter provided information on a possible L. 
exigua var. laciniata occurrence in the vicinity of Chenoweth Run Creek 
and Seatonville Road and voiced concerns about future impacts that 
could affect the species at this location.
    Our Response: We are not aware of any L. exigua var. laciniata 
occurrences at this location but will carefully evaluate any proposed 
projects that we review in this area, or for any proposed projects 
within the range of the species, for potential impacts to the species 
or its habitat.
    (7) Comment: One commenter asked if the limestone quarry in Bullitt 
County could be affecting the habitat of L. exigua var. laciniata.
    Our Response: We have no data to suggest that the quarry has 
impacted L. exigua var. laciniata or its habitat. There are no known 
historical or extant L. exigua var. laciniata populations known to 
occur at the quarry.

[[Page 25686]]

    (8) Comment: One commenter recommended seed collection as an 
important way to ensure the survival of the species.
    Our Response: Some seed collection for this species has already 
occurred, as we discussed under the Factor B analysis in the proposed 
rule. The use of seed collection as a possible tool for recovering this 
species will be considered during the development of the recovery plan 
for L. exigua var. laciniata.

Summary of Changes From Proposed Rule

    Other than minor changes in response to recommendations, in this 
final rule we made no substantial changes to the proposed rule.

Determination

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. Under section 4(a)(1) of the Act, we may list a species based 
on (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence. Listing actions may be warranted based on any of 
the above threat factors, singly or in combination.
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to Leavenworthia exigua var. laciniata. The most significant threats to 
the species are described under Factors A (the present or threatened 
destruction, modification, or curtailment of its habitat or range) and 
E (other natural or manmade factors affecting its continued existence). 
Specifically, destruction and degradation of glade habitat through 
development, roads, utilities, and conversion to lawns has resulted in 
fewer occurrences of L. exigua var. laciniata and reduced the quality 
of many of the remaining occurrences. Additional impacts of this nature 
are expected to continue for the foreseeable future as the human 
population within the range of L. exigua var. laciniata continues to 
grow. Within the narrow (small portions of two Kentucky counties) 
range, L. exigua var. laciniata is restricted to cedar glades and 
similar shallow-soiled areas, which occur sporadically across the 
range. The presumed low genetic diversity within individual occurrences 
of L. exigua var. laciniata could place those occurrences at a high 
risk as their capacity for adaptation to change is reduced. These 
threats occur across the taxon's range and are ongoing and, therefore, 
imminent.
    The Act defines an endangered species as any species that is ``in 
danger of extinction throughout all or a significant portion of its 
range'' and a threatened species as any species ``that is likely to 
become endangered throughout all or a significant portion of its range 
within the foreseeable future.'' Although we recognize that the threats 
to the species are ongoing, often severe, and occurring throughout the 
species' range, we find that an endangered species status is not 
appropriate for Leavenworthia exigua var. laciniata because the 
possibility that all occurrences of the species would be equally 
impacted in the foreseeable future, thus resulting in extinction, is 
unlikely. However, we find that L. exigua var. laciniata is likely to 
become endangered throughout all or a significant portion of its range 
within the foreseeable future based on the severity and immediacy of 
threats currently impacting the species.
    Under the Act and our implementing regulations, a species may 
warrant listing if it is endangered or threatened throughout all or a 
significant portion of its range. As stated above, the threats to the 
survival of the species occur throughout the species' range and are not 
restricted to any particular significant portion of that range. 
Accordingly, our assessment and determination applies to the species 
throughout its range.

Significant Portion of the Range

    The Act defines an endangered species as any species that is ``in 
danger of extinction throughout all or a significant portion of its 
range'' and a threatened species as any species ``that is likely to 
become endangered throughout all or a significant portion of its range 
within the foreseeable future.'' A major part of the analysis of 
``significant portion of the range'' requires considering whether the 
threats to the species are geographically concentrated in any way. If 
the threats are essentially uniform throughout the species' range, then 
no portion is likely to warrant further consideration.
    We have carefully considered all scientific and commercial 
information available regarding the past, present, and future threats 
to L. exigua var. laciniata. L. exigua var. laciniata, proposed for 
listing in this rule, occurs only in portions of two Kentucky counties 
and the threats to the survival of the taxon are not restricted to any 
particular significant portion of that range. Accordingly, our 
assessment and determination applies to the taxon throughout its entire 
range. We find that L. exigua var. laciniata is likely, within the 
foreseeable future, to become an endangered species throughout its 
entire range, based on the immediacy, severity, and scope of the 
threats described above. We are listing L. exigua var. laciniata as 
threatened in accordance with sections 3(6) and 4(a)(1) of the Act.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. The Act encourages cooperation with the States and requires 
that recovery actions be carried out for all listed species. The 
protection required by Federal agencies and the prohibitions against 
certain activities are discussed, in part, below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Subsection 4(f) of the Act requires the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-sustaining, and functioning 
components of their ecosystems.
    Recovery planning includes the development of a recovery outline 
shortly after a species is listed and preparation of a draft and final 
recovery plan. The recovery outline guides the immediate implementation 
of urgent recovery actions and describes the process to be used to 
develop a recovery plan. Revisions of the plan may be done to address 
continuing or new threats to the species, as new substantive 
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five 
factors that control whether a species remains endangered or may be 
downlisted or delisted, and methods for monitoring recovery

[[Page 25687]]

progress. Recovery plans also establish a framework for agencies to 
coordinate their recovery efforts and provide estimates of the cost of 
implementing recovery tasks. Recovery teams (composed of species 
experts, Federal and State agencies, nongovernmental organizations, and 
stakeholders) are often established to develop recovery plans. When 
completed, the recovery outline, draft recovery plan, and the final 
recovery plan will be available on our Web site (http://www.fws.gov/endangered), or from our Kentucky Ecological Services Field Office (see 
FOR FURTHER INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, Tribal, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private, State, and Tribal lands.
    When this species is listed (see DATES), funding for recovery 
actions will be available from a variety of sources, including Federal 
budgets, State programs, and cost share grants for non-Federal 
landowners, the academic community, and nongovernmental organizations. 
In addition, pursuant to section 6 of the Act, the Commonwealth of 
Kentucky will be eligible for Federal funds to implement management 
actions that promote the protection or recovery of L. exigua var. 
laciniata. Information on our grant programs that are available to aid 
species recovery can be found at: http://www.fws.gov/grants.
    Please let us know if you are interested in participating in 
recovery efforts for the L. exigua var. laciniata. Additionally, we 
invite you to submit any new information on this species whenever it 
becomes available and any information you may have for recovery 
planning purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as an 
endangered or threatened species and with respect to its critical 
habitat, if any is designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act requires Federal agencies to 
confer with the Service on any action that is likely to jeopardize the 
continued existence of a species proposed for listing or result in 
destruction or adverse modification of proposed critical habitat. If a 
species is listed subsequently, section 7(a)(2) of the Act requires 
Federal agencies to ensure that activities they authorize, fund, or 
carry out are not likely to jeopardize the continued existence of the 
species or destroy or adversely modify its critical habitat. If a 
Federal action may affect a listed species or its critical habitat, the 
responsible Federal agency must enter into consultation with the 
Service.
    Federal agency actions within the species' habitat that may require 
conference or consultation or both as described in the preceding 
paragraph include issuance of Federal permits under section 404 Clean 
Water Act (33 U.S.C. 1251 et seq.) by the U.S. Army Corps of Engineers; 
construction and management of gas pipeline and power line rights-of-
way by the Federal Energy Regulatory Commission; and construction and 
maintenance of roads or highways by the Federal Highway Administration.
    With respect to threatened plants, 50 CFR 17.71 provides that all 
of the provisions in 50 CFR 17.61 shall apply to threatened plants. 
These provisions make it illegal for any person subject to the 
jurisdiction of the United States to import or export, transport in 
interstate or foreign commerce in the course of a commercial activity, 
sell or offer for sale in interstate or foreign commerce, or to remove 
and reduce to possession any such plant species from areas under 
Federal jurisdiction. In addition, the Act prohibits malicious damage 
or destruction of any such species on any area under Federal 
jurisdiction, and the removal, cutting, digging up, or damaging or 
destroying of any such species on any other area in knowing violation 
of any State law or regulation, or in the course of any violation of a 
State criminal trespass law. However, there is the following exception 
for threatened plants. Seeds of cultivated specimens of species treated 
as threatened shall be exempt from all the provisions of 50 CFR 17.61, 
provided that a statement that the seeds are of ``cultivated origin'' 
accompanies the seeds or their container during the course of any 
activity otherwise subject to these regulations. Exceptions to these 
prohibitions are outlined in 50 CFR 17.72.
    We may issue permits to carry out otherwise prohibited activities 
involving threatened plants under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.72. With regard to 
threatened plants, a permit issued under this section must be for one 
of the following: Scientific purposes, the enhancement of the 
propagation or survival of threatened species, economic hardship, 
botanical or horticultural exhibition, educational purposes, or other 
activities consistent with the purposes and policy of the Act.
    Under section 4(d) of the Act, the Secretary has discretion to 
issue such regulations as she deems necessary and advisable to provide 
for the conservation of threatened species. Our implementing 
regulations (50 CFR 17.71) for threatened plants generally incorporate 
the prohibitions of section 9 of the Act for endangered plants, except 
when a rule promulgated pursuant to section 4(d) of the Act has been 
issued with respect to a particular threatened species. In such a case, 
the general prohibitions in 50 CFR 17.61 would not apply to that 
species, and instead, the special rule would define the specific take 
prohibitions and exceptions that would apply for that particular 
threatened species, which we consider necessary and advisable to 
conserve the species. With respect to a threatened plant, the Secretary 
of the Interior also has the discretion to prohibit by regulation any 
act prohibited by section 9(a)(2) of the Act. Exercising this 
discretion, which has been delegated to the Service by the Secretary, 
the Service has developed general prohibitions that are appropriate for 
most threatened species at 50 CFR 17.71 and exceptions to those 
prohibitions at 50 CFR 17.72. We have determined to not promulgate a 
rule under section 4(d) of the Act, and as a result, all of the section 
9(a)(2) general prohibitions, including the ``take'' prohibitions, will 
apply to the L. exigua var. laciniata.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify to the maximum extent practicable at 
the time a species is listed, those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of a listing on 
proposed and ongoing activities within the range of listed species. 
Based on the best available information, the following actions are 
unlikely to result in a violation of section 9, if these activities are 
carried out in accordance with existing regulations and permit 
requirements:
    (1) Normal agricultural and silvicultural practices, including 
herbicide and pesticide use, which are carried out in accordance with 
any

[[Page 25688]]

existing regulations, permit and label requirements, and best 
management practices; and,
    (2) Normal residential landscape activities.
    Based on the best available information, the following activities 
may potentially result in a violation of section 9 the Act; this list 
is not comprehensive:
    Unauthorized collecting, handling, possessing, selling, delivering, 
carrying, or transporting of the species, including import or export 
across State lines and international boundaries, except for properly 
documented antique specimens of these taxa at least 100 years old, as 
defined by section 10(h)(1) of the Act.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Kentucky 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). 
Requests for copies of the regulations concerning listed plants and 
general inquiries regarding prohibitions and permits may be addressed 
to the U.S. Fish and Wildlife Service, Ecological Services Division, 
1875 Century Boulevard, Atlanta, GA 30345 (Phone 404/679-7313; Fax 404/
679-7081).

Required Determinations

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

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the NEPA, need not 
be prepared in connection with listing a species as an endangered or 
threatened species under the Act. We published a notice outlining our 
reasons for this determination in the Federal Register on October 25, 
1983 (48 FR 49244).

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.

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-2013-0069 and upon request from the Kentucky Ecological Services 
Field Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this final rule are the staff members of the 
Kentucky Ecological Services Field Office.

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

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

PART 17--[AMENDED]

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. In Sec.  17.12(h), add an entry for ``Leavenworthia exigua var. 
laciniata'' in alphabetical order under FLOWERING PLANTS to the List of 
Endangered and Threatened Plants to read as follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species
--------------------------------------------------------    Historic range           Family            Status      When listed    Critical     Special
         Scientific name                Common name                                                                               habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Flowering Plants
 
                                                                      * * * * * * *
Leavenworthia exigua var.          Kentucky glade cress  U.S.A. (KY)........  Brassicaceae.......  T                       833     17.96(a)           NA
 laciniata.
 
                                                                      * * * * * * *
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    Dated: April 21, 2014.
 Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-10049 Filed 5-5-14; 8:45 am]
BILLING CODE 4310-55-P