[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Rules and Regulations]
[Pages 57373-57376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22518]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R5-ES-2020-0127; FXES11130500000-212-FF05E00000]
 1018-BD73


Endangered and Threatened Wildlife and Plants; Technical 
Corrections for Northeast Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Direct final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the revised 
taxonomy of four wildlife species and two plant species under the 
Endangered Species Act of 1973, as amended (Act). We are revising the 
List of Endangered and Threatened Wildlife and the List of Endangered 
and Threatened Plants to reflect the scientifically accepted taxonomy 
and nomenclature of these species.

DATES: This rule is effective January 13, 2022 without further action, 
unless significant adverse comment is received by November 15, 2021. If 
significant adverse comment is received, we will publish a timely 
withdrawal of the rule for the appropriate species in the Federal 
Register.

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 box, enter FWS-R5-ES-2020-0127, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the Search panel on the left 
side of the screen, under the Document Type heading, click on the 
Proposed Rule box 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-R5-ES-2020-0127, U.S. Fish and Wildlife 
Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    See Public Comments under SUPPLEMENTARY INFORMATION, below, for 
more information about submitting comments.

FOR FURTHER INFORMATION CONTACT: Martin Miller, Manager, Division of 
Endangered Species, U.S. Fish and Wildlife Service, North Atlantic-
Appalachian Regional Office, 300 Westgate Center Drive, Hadley, MA 
01035; telephone 413-253-8615; email [email protected]. Individuals 
who are hearing impaired or speech impaired may call the Federal Relay 
Service at 800-877-8339 for TTY (telephone typewriter or 
teletypewriter) assistance 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:

Purpose of Direct Final Rule and Final Action

    The purpose of this direct final rule is to notify the public that 
we are revising: (1) The List of Endangered and Threatened Wildlife in 
title 50 of the Code of Federal Regulations (CFR) at Sec.  17.11(h) (50 
CFR 17.11(h)) to reflect the scientifically accepted taxonomy and 
nomenclature of one freshwater turtle species, two beetle species, and 
one snail species listed under section 4 of the Act (16 U.S.C. 1531 et 
seq.); and (2) the List of Endangered and Threatened Plants in title 50 
of the CFR at Sec.  17.12(h) (50 CFR 17.12(h)) to reflect the 
scientifically accepted taxonomy and nomenclature of two plant species. 
These changes reflect the most recently accepted scientific names in 
accordance with 50 CFR 17.11(c) and 50 CFR 17.12(b).
    We are publishing this rule without a prior proposal because this 
is a noncontroversial action that is in the best interest of the public 
and should be undertaken in as timely a manner as possible. This rule 
will be effective, as published in this document, on the effective date 
specified in DATES, unless we receive significant adverse comments by 
the comment due date specified in DATES. Significant adverse comments 
are comments that provide strong justification as to why our rule 
should not be adopted or why it should be changed.
    If we receive significant adverse comments regarding the taxonomic 
changes for any of these species, we will publish a document in the 
Federal Register withdrawing this rule for the appropriate species 
before the effective date, and, if appropriate, we will publish a 
proposed rule to initiate promulgation of those changes to 50 CFR 
17.11(h) and/or 50 CFR 17.12(h).

Public Comments

    You may submit your comments and materials regarding this direct 
final rule by one of the methods listed in ADDRESSES. Please include 
sufficient information with your comment that allows us to verify any 
scientific or commercial information you include.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us. Before including your address, phone number, email address, or 
other personal information in your comment, you should be aware that 
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask us in 
your comment to withhold your personal identifying information from 
public review, 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 direct final rule, will be 
available for public inspection on the Internet at http://www.regulations.gov or by appointment, during normal business hours at 
the U.S. Fish and Wildlife Service location listed above in FOR FURTHER 
INFORMATION CONTACT. Please note that comments posted to http://www.regulations.gov are not immediately viewable. When you submit a 
comment, the system receives it immediately. However, the comment will 
not be publicly viewable until we post it, which might not occur until 
several days after submission. Information regarding this rule is 
available in alternative formats upon request (see FOR FURTHER 
INFORMATION CONTACT).

Background

    Sections 17.11(c) and 17.12(b) of title 50 of the CFR direct us to 
use the most recently accepted scientific name of any species that we 
have determined to be an endangered or threatened species. Using the 
best available scientific information, this direct final rule documents 
taxonomic changes of the scientific names to one entry under 
``Reptiles,'' one entry under ``Snails,'' and two entries under 
``Insects'' on the List of Endangered and Threatened Wildlife (50 CFR 
17.11(h)), and two entries under ``Flowering Plants'' on the List of 
Endangered and Threatened Plants (50 CFR 17.12(h)). The basis for these 
taxonomic changes is supported by published studies in peer-reviewed 
journals. Accordingly, we revise the scientific names of these species 
under section 4 of the Act (16 U.S.C. 1531 et seq.).

[[Page 57374]]

Taxonomic Classification

Astragalus robbinsii var. jesupii

    Jesup's milk-vetch was federally listed as an endangered species 
under the variant spelling Astragalus robbinsii var. jesupi, and the 
first recovery plan recognized the taxon as Astragalus robbinsii var. 
jesupi. However, the current nomenclature for the species is Astragalus 
robbinsii var. jesupii. The scientific name change of Astragalus 
robbinsii var. jesupii (Jesup's milk-vetch) from Astragalus robbinsii 
var. jesupi is supported by the standards outlined in the International 
Code of Botanical Nomenclature and accepted as the scientific name for 
Jesup's milk-vetch in the Integrated Taxonomic Information System 
(ITIS), which the Service will rely on to the extent practicable to 
determine a species' scientific name. The Service finds that the 
Jesup's milk-vetch should be recognized as Astragalus robbinsii var. 
jesupii and is a valid listable entity. This plant will continue to be 
listed as an endangered species, and no other aspect of the entry for 
this plant in 50 CFR 17.12(h) will change as a result of this rule.

Boechera serotina

    The scientific name change of Boechera serotina (shale barren rock 
cress) from Arabis serotina is supported by morphological, molecular, 
and cytological analyses. While Al-Shehbaz (2003, p. 381) found that 32 
of the North American species of Arabis (Brassicaceae) should be 
recognized as members of the genus Boechera, based on morphological 
differences between the two genera, Arabis serotina was not transferred 
to Boechera by Al-Shehbaz (2003, entire) at that time, pending further 
study. Extensive molecular studies on members of the North American 
Arabis indicate the genus is polyphyletic and represents a 
heterogeneous assemblage of four genera: Arabidopsis, Boechera, 
Pennellia, and Turritis (Al-Shehbaz 2003, pp. 381-382). Most of the 
North American species represent a distinct lineage (Boechera) closely 
related to the halomilobine mustards (Mitchell-Olds et al. 2005, p. 
122). A published diploid chromosome count of 2n = 14 (Wieboldt 1987, 
p. 388) and recent molecular investigations have determined that this 
taxon belongs to a clade of eastern North American species now assigned 
to Boechera (Windham and Al-Shehbaz 2007, p. 249). Boechera serotina is 
the accepted scientific name of shale barren rock cress in the ITIS, 
which incorporates the naming principles established by the 
International Code of Nomenclature for algae, fungi, and plants. The 
Service finds that shale barren rock cress should be recognized as 
Boechera serotina and is a valid listable entity. This species will 
continue to be listed as an endangered species, and no other aspect of 
the entry for this plant in 50 CFR 17.12(h) will change as a result of 
this rule.

Ellipsoptera puritana

    The scientific name change of Ellipsoptera puritana (Puritan tiger 
beetle) from Cicindela puritana is supported by molecular analyses. The 
Nearctic genus Ellipsoptera Dokhtouroff (13 species) was found to be 
monophyletic and grouped as a sister to the Nearctic genus Dromochorus 
Guerin-Meneville (4 species) and North American genus Cylindera (5 
species), with the Caribbean/Neotropical genus Brasiella Rivalier (45 
species) nested within the diverse and polyphyletic genus Cylindera 
(Gough et al. 2018, p. 316). The clade containing these four lineages 
was strongly supported, consists exclusively of New World taxa, and was 
sister to a predominately Old World clade of Cylindera species (Gough 
et al. 2018, p. 316). The Ellipsoptera puritana name change and 
placement is supported in Bousquet's (2012, p. 296) catalogue of 
Geadephaga (Coleoptera, Adephaga) of America, north of Mexico. 
Ellipsoptera puritana is the accepted scientific name of Puritan tiger 
beetle in the ITIS, which incorporates the naming principles 
established by the International Code of Zoological Nomenclature. The 
Service finds that the Puritan tiger beetle should be recognized as 
Ellipsoptera puritana and is a valid listable entity. This species will 
continue to be listed as threatened, and no other aspect of the entry 
for this species in 50 CFR 17.11(h) will change as a result of this 
rule.

Glyptemys muhlenbergii

    The scientific name change of Glyptemys muhlenbergii (bog turtle) 
from Clemmys muhlenbergii is supported by molecular analyses. Research 
of Glyptemys muhlenbergii has found sufficient evidence indicating the 
genus Clemmys (McDowell 1964, pp. 239-279) to be paraphyletic with 
respect to the sister genera Emys and Emydoidea, and also possibly 
Terrapene (Holman and Fritz 2001, entire; Wiens et al. 2010, pp. 445-
461; and Fritz et al. 2011, pp. 41- 53). Two taxonomic schemes, 
reflecting the latter genera relationships, are currently in 
contention; however, the two schemes place both sister taxa insculpta 
and muhlenbergii in the genus Glyptemys and leave guttata in the 
monotypic genus Clemmys. This name change has been recognized by 
Crother et al. (2003, p. 203). Glyptemys muhlenbergii is the accepted 
scientific name of bog turtle in the ITIS, which incorporates the 
naming principles established by the International Code of Zoological 
Nomenclature. No subspecies are recognized for Glyptemys muhlenbergii, 
although two geographically distinct ``populations'' (``northern'' and 
``southern'') delineate the Federal listing status of ``threatened'' 
(northern, listed as a distinct population segment) and ``threatened by 
similarity of appearance'' (southern) under the Act. The Service finds 
that bog turtle should be recognized as Glyptemys muhlenbergii and is a 
valid listable entity. This species will continue to be listed as 
threatened, and no other aspect of the entry for this species in 50 CFR 
17.11(h) will change as a result of this rule.

Habroscelimorpha dorsalis dorsalis

    The scientific name change of Habroscelimorpha dorsalis dorsalis 
(Northeastern beach tiger beetle) from Cicindela dorsalis dorsalis is 
supported by molecular analyses. The New World genus Habroscelimorpha 
Dokhtouroff was found to be paraphyletic with species placed in two 
different clades (Gough et al. 2018, p. 316). The Central American and 
Nearctic species Habroscelimorpha curvata Chevrolat, Habroscelimorpha 
dorsalis Say, and Habroscelimorpha schwarzi Horn are part of a 
moderately supported clade that includes the paraphyletic Central 
American genus Microthylax Rivalier (3 species) and the monophyletic 
widespread genus Myriochila Motschulsky (46 species). This name change 
has been recognized by Knisley (2017, entire). The name change and 
placement is further supported in Bousquet's (2012, p. 304) catalogue 
of Geadephaga (Coleoptera, Adephaga) of America, north of Mexico. 
Habroscelimorpha dorsalis is the accepted scientific name of Eastern 
beach tiger beetle in the ITIS, which incorporates the naming 
principles established by the International Code of Zoological 
Nomenclature. While the Service often relies on ITIS as a reliable 
database source of taxonomic information, in this instance ITIS is 
incomplete. ITIS provides only the common name for the species 
Habroscelimorpha dorsalis and does not provide the common name for the 
listed subspecies. The common name Eastern beach tiger beetle is used 
to refer to all four subspecies within Habroscelimorpha. The common 
name Northeastern beach tiger beetle is

[[Page 57375]]

commonly used and accepted in the scientific literature to refer to the 
subspecies Habroscelimorpha dorsalis dorsalis (Knisley 2017). 
Therefore, upon review of ITIS's underlying data, we consider the 
information that displays the common name for Habroscelimorpha dorsalis 
dorsalis as eastern tiger beetles to be incomplete. The Service finds 
that the Northeastern beach tiger beetle should be recognized as 
Habroscelimorpha dorsalis dorsalis and is a valid listable entity. This 
subspecies will continue to be listed as threatened, and no other 
aspect of the entry for this species in 50 CFR 17.11(h) will change as 
a result of this rule.

Novisuccinea chittenangoensis

    The scientific name change of Novisuccinea chittenangoensis 
(Chittenango ovate amber snail) from Succinea chittenangoensis is 
supported by morphological characters and molecular analyses. 
Sufficient evidence is provided by Hoagland and Davis (1987, pp. 465-
526) that the Chittenango ovate amber snail is a valid species and 
elevates the section Novisuccinea to the genus level. While the Service 
often relies on ITIS as a reliable database source of taxonomic 
information, in this instance ITIS is incorrect. The scientific 
literature has been using Novisuccinea chittenangoensis (Chittenango 
ovate amber snail) for many years. ITIS includes an additional common 
name of Appalachian amber snail, which is not recognized by species 
experts. Therefore, upon review of ITIS's underlying data, we consider 
the information that displays Chittenango ovate amber snail as 
belonging to the genus Succinea to be incorrect. The Service finds that 
the Chittenango ovate amber snail should be recognized as Novisuccinea 
chittenangoensis and is a valid listable entity. This species will 
continue to be listed as threatened, and no other aspect of the entry 
for this species in 50 CFR 17.11(h) will change as a result of this 
rule.

References Cited

    A complete list of the referenced materials is available at http://www.regulations.gov at Docket No. FWS-R5-ES-2020-0127 or upon request 
from the U.S. Fish and Wildlife Service (see FOR FURTHER INFORMATION 
CONTACT).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    For the reasons given in the preamble, we 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.  17.11, in paragraph (h), in the List of Endangered and 
Threatened Wildlife, by revising:
0
a. Under REPTILES, the entries for ``Turtle, bog (=Muhlenberg) [Northen 
DPS]'' and ``Turtle, bog (=Muhlenberg)'';
0
b. Under SNAILS, the entry for ``Snail, Chittenango ovate amber''; and
0
c. Under INSECTS, the entries for ``Beetle, Northeastern beach tiger'' 
and ``Beetle, Puritan tiger''.
    The revisions read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

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                                                                                               Listing citations
           Common name              Scientific name        Where listed          Status         and applicable
                                                                                                     rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
            Reptiles
 
                                                  * * * * * * *
Turtle, bog (=Muhlenberg)         Glyptemys            Wherever found,      T                 62 FR 59605, 11/4/
 [Northern DPS].                   muhlenbergii.        except GA, NC, SC,                     1997.
                                                        TN, VA.
Turtle, bog (=Muhlenberg).......  Glyptemys            U.S.A. (GA, NC, SC,  T (S/A)           62 FR 59605, 11/4/
                                   muhlenbergii.        TN, VA).                               1997;
                                                                                              50 CFR
                                                                                               17.42(f).\4d\
 
                                                  * * * * * * *
             Snails
 
                                                  * * * * * * *
Snail, Chittenango ovate amber..  Novisuccinea         Wherever found.....  T                 43 FR 28932, 7/3/
                                   chittenangoensis.                                           1978.
 
                                                  * * * * * * *
             Insects
 
                                                  * * * * * * *
Beetle, Northeastern beach tiger  Habroscelimorpha     Wherever found.....  T                 55 FR 32088, 8/7/
                                   dorsalis dorsalis.                                          1990.
 
                                                  * * * * * * *
Beetle, Puritan tiger...........  Ellipsoptera         Wherever found.....  T                 55 FR 32088, 8/7/
                                   puritana.                                                   1990.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. Amend Sec.  17.12, in paragraph (h), in the List of Endangered and 
Threatened Plants, under FLOWERING PLANTS, by:
0
a. Removing the entry for ``Arabis serotina'';
0
b. Revising the entry for ``Astragalus robbinsii var. jesupi''; and
0
c. Adding in alphabetical order an entry for ``Boechera serotina''.
    The revision and addition read as follows:

[[Page 57376]]

Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

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                                                                                              Listing citations
         Scientific name               Common name          Where listed         Status         and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
         Flowering Plants
 
                                                  * * * * * * *
Astragalus robbinsii.............  Jesup's milk-vetch.  Wherever found.....  E               52 FR 21481, 6/5/
var. jesupii.....................                                                             1987.
 
                                                  * * * * * * *
Boechera serotina................  Shale barren rock    Wherever found.....  E               54 FR 29655, 7/13/
                                    cress.                                                    1989.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  17.42   [Amended]

0
 4. Amend Sec.  17.42 in paragraph (f) introductory text by removing 
the words ``(Clemmys muhlenbergii)'' and adding in their place the 
words ``(Glyptemys muhlenbergii)''.

Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the 
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-22518 Filed 10-14-21; 8:45 am]
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