[Federal Register: September 14, 2010 (Volume 75, Number 177)]
[Rules and Regulations]               
[Page 55686-55689]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2010-0068; 92220-1113-0000-B3]
RIN 1018-AX28

Endangered and Threatened Wildlife and Plants; Technical 
Corrections for Three Midwest Region Plant Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Direct final rule.


SUMMARY: We, the U.S. Fish and Wildlife Service, announce the revised 
taxonomy of Lesquerella filiformis (Missouri bladderpod), Sedum 
integrifolium ssp. leedyi (Leedy's roseroot), and Mimulus glabratus 
var. michiganensis (Michigan monkey-flower) under the Endangered 
Species Act of 1973, as amended (Act). We are revising the List of 
Endangered and Threatened Plants to reflect the current scientifically 
accepted taxonomy and nomenclature of these species. We revise the 
scientific names of these species as follows: Physaria filiformis 
(=Lesquerella f.), Rhodiola integrifolia ssp. leedyi (=Sedum 
integrifolium ssp. l.), and Mimulus michiganensis (=M. glabratus var. 
michiganensis), respectively.

DATES: This rule is effective December 13, 2010, without further 
action, unless significant adverse comment is received by October 14, 
2010. If significant adverse comment is received, we will publish a 
timely withdrawal of the rule in the Federal Register.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-R3-
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R3-ES-2010-0068; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    See Public Comments in SUPPLEMENTARY INFORMATION for more 
information about submitting comments.

FOR FURTHER INFORMATION CONTACT: Carlita Payne, Fish and Wildlife 
Biologist, U.S. Fish and Wildlife Service, Midwest Regional Office, 
Division of Endangered Species, 1 Federal Drive, Fort Snelling, MN 
55111-4056; telephone 612-713-5350. Individuals who are hearing 
impaired or speech impaired may call the Federal Relay Service at 800-
877-8337 for TTY (telephone typewriter or teletypewriter) assistance 24 
hours a day, 7 days a week.


Purpose of Direct Final Rule and Final Action

    The purpose of this direct final rule is to notify the public that 
we are revising the List of Endangered and Threatened Plants to reflect 
the scientifically accepted taxonomy and nomenclature of three plant 
species listed under section 4 of the Act (16 U.S.C. 1531 et seq.). 
These changes to the List of Endangered and Threatened Plants (50 CFR 
17.12(h)) reflect the most recently accepted scientific names in 
accordance with 50 CFR 17.12(b).
    We are publishing this rule without a prior proposal because this 
is a noncontroversial action that does not alter the regulatory 
protections afforded to these species, and therefore, in the best 
interest of the public, 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 the DATES section, unless we receive 
significant adverse comments on or before the comment due date 
specified in the DATES section of this document. Significant adverse 
comments are comments that provide strong justifications as to why this 
rule should not be adopted or why it should be changed.
    If we receive significant adverse comments, we will publish a 
document in the Federal Register withdrawing this rule before the 
effective date, and we will engage in the normal rulemaking process to 
promulgate these changes to 50 CFR 17.12.
    Elsewhere in today's issue of the Federal Register, we have 
published a notice to initiate 5-year reviews that includes Physaria 
filiformis among six other Midwest species. We will give the same 
consideration to comments in regard to the taxonomy of Missouri 
bladderpod submitted in response to either this direct final rule or 
our notice to initiate 5-year reviews; you do not need to submit 
separate comments pertaining to this issue for both documents.

Public Comments

    You may submit your comments and materials regarding this direct 
final rule by one of the methods listed in the ADDRESSES section. 
Please include sufficient information with your comments that allows us 
to verify any scientific or commercial information you include. We will 
not consider comments sent by e-mail or fax, or to an address not 
listed in the ADDRESSES section.
    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, e-mail 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 Midwest Regional Office (see 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). For information pertaining to specific species, 
please contact the following Ecological Services Field Offices:

[[Page 55687]]

                                 Contact Person,
           Species               Phone,  E-mail        Contact Address
Physaria filiformis           Charlie Scott, Field  Columbia Missouri
 (=Lesquerella f.).            Supervisor, or Paul   Field Office, U.S.
                               McKenzie,             Fish and Wildlife
                               Endangered Species    Service, 101 Park
                               Coordinator; (573)    DeVille Drive,
                               234-2132, extension   Suite A, Columbia,
                               107, paul--           MO 65203-0057.
Rhodiola integrifolia ssp.    Tony Sullins, Field   Twin Cities Field
 leedyi (=Sedum                Supervisor, or Phil   Office, U.S. Fish
 integrifolium ssp. l.).       Delphey, Endangered   and Wildlife
                               Species               Service, 1401
                               Coordinator; (612)    American Boulevard
                               725-3548, phil--      E., Bloomington, MN
                               delphey@fws.gov.      55425-1665.
Mimulus michiganensis (=M.    Acting Field          East Lansing Field
 glabratus var.                Supervisor, or        Office, U.S. Fish
 michiganensis).               Tameka Dandridge,     and Wildlife
                               Biologist; (517)      Service, 2651
                               351-8315, tameka--    Coolidge Road,
                               dandridge@fws.gov.    Suite 101, East
                                                     Lansing, MI 48823-


    Section 17.12(b) of title 50 of the Code of Federal Regulations 
(CFR) requires us to use the most recently accepted scientific name of 
any plant 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 three entries on the List of Endangered and Threatened Plants 
(50 CFR 17.12(h)). The basis for the taxonomic changes is supported by 
published studies in peer-reviewed journals. We revise the scientific 
names of these species under section 4 of the Act (16 U.S.C. 1531 et 
seq.) as follows: Physaria filiformis (=Lesquerella f.) (Missouri 
bladderpod), Rhodiola integrifolia ssp. leedyi (=Sedum integrifolium 
ssp. l.) (Leedy's roseroot), and Mimulus michiganensis (=M. glabratus 
var. michiganensis) (Michigan monkey-flower). We make these changes to 
the List of Endangered and Threatened Plants (50 CFR 17.12(h)) to 
reflect the most recently accepted scientific names in accordance with 
50 CFR 17.12(b).

Taxonomic Classification

Physaria filiformis

    The scientific name change of Physaria filiformis (Rollins) O'Kane 
& Al-Shehbaz (Missouri bladderpod) from Lesquerella filiformis Rollins 
(Rollins 1956, pp. 201-202; Rollins 1993, p. 618) is supported by Al-
Shehbaz and O'Kane's (2002, pp. 319-320) extensive molecular, 
ecological, morphological, and distributional data. Al-Shehbaz and 
O'Kane (2002, p. 321) concluded that the genus Lesquerella should be 
united with the earlier-published genus Physaria, initially discussed 
in Gray (1848, pp. 161-162). Although Rollins (1939, pp. 393-398; 1993, 
pp. 588-589, pp. 696-697) supported the separation of the two genera 
because Physaria has didymous fruits with deep sinuses between the 
valves distally, and often proximally as well, he also noted strong 
similarities in the floral patterns, growth, and trichome morphology 
between Lesquerella and Physaria (Al-Shehbaz and O'Kane 2002, p. 319). 
The genera are also characterized by their colpate pollen grains, which 
is a distinguishable synapomorphic trait from the rest of the family 
(Al-Shehbaz and O'Kane 2002, p. 320). The new combination is Physaria 
filiformis (Rollins) O'Kane & Al-Shehbaz (Al-Shehbaz and O'Kane 2002, 
p. 323). Only North American species' nomenclatural adjustments were 
included in Al-Shehbaz and O'Kane's publication (2002, p. 321). This 
taxonomic change is included in our most recent 5-year review for the 
species (USFWS 2008, p. 2), as well as the reclassification of this 
plant from endangered to threatened status on October 15, 2003 (68 FR 
59337). This species will continue to be listed as threatened.

Rhodiola integrifolia ssp. leedyi

    The scientific name change of Rhodiola integrifolia ssp. leedyi 
(Leedy's roseroot) from Sedum integrifolium ssp. leedyi is supported by 
extensive morphological and genetic studies. Carl Linnaeus described 
the genus Rhodiola in 1753, recognizing it as distinct from the genus 
Sedum (Moran 2000, p. 137; Ohba 2003, p. 210), but many twentieth 
century authors regarded the genus as a synonym of Sedum L. (Ohba 1980, 
pp. 356-358). However, recent evidence, including chloroplast and 
nuclear DNA data, support the original recognition of Sedum and 
Rhodiola as distinct genera (Ohba 1980, pp. 356-358; Van Ham and `T 
Hart 1998, p. 127; Ohba 2003, p. 210; Mayuzumi and Ohba 2004, p. 588). 
R. T. Clausen (1975, p. 474), following the mid-twentieth century 
trend, treated Rhodiola as a subgenus of Sedum, but the Flora of North 
America has more recently returned to the original recognition of 
Rhodiola as a distinct genus (Moran 2009, p. 164) that includes Leedy's 
roseroot. The new combination is Rhodiola integrifolia Rafinesque ssp. 
leedyi (Rosendahl & J. W. Moore) H. Ohba (Ohba 2003, p. 218). The 
species was listed as threatened on April 22, 1992 (57 FR 14649) and 
will continue to be listed as threatened.

Mimulus michiganensis

    The scientific name change of Mimulus michiganensis from Mimulus 
glabratus var. michiganensis is supported by Posto and Prather's (2003, 
pp. 172-173) extensive evolutionary and genetic studies. At the time of 
its listing (55 FR 25596; June 21, 1990), Mimulus glabratus var. 
michiganensis (Michigan monkey-flower) was ranked as a variety. Posto 
and Prather's (2003, pp. 172-178) study supports the elevation of the 
taxon in rank to species Mimulus michiganensis, and, therefore, the new 
combination was established and accepted in the scientific community. 
Pennell (1935 in USFWS 1997, p. 1) originally described the taxon as a 
subspecies of M. glabratus, and Fassett (1939 in USFWS 1997, p. 1) 
subsequently gave the taxon varietal status. Past researchers noted 
morphological overlap with other taxa, particularly the more common, 
wide-ranging James' monkey-flower (M. glabratus var. jamesii) (Crispin 
1981 in USFWS 1997, p. 1; Bliss 1983 in USFWS 1997, p. 1; Bliss 1986 in 
USFWS 1997, p. 1), but floral character studies of closely related taxa 
supported maintaining variety michiganensis as a distinct taxonomic 
entity (Bliss 1983 in USFWS 1997, p. 1; Bliss 1986 in USFWS 1997, p. 1; 
Minc 1989 in USFWS 1997, p. 1).
    However, random amplified polymorphic DNA (RAPD) data (Posto and 
Prather 2003, pp. 176-177) revealed the following: M. michiganensis is 
genetically distinct from other members of the Mimulus complex; it has 
low genetic similarity to M. glabratus var. jamesii (a species 
implicated in its origin); and groups of M. michiganensis individuals 
separate from all other individuals in the Unweighted Pair Group Method 
with Arithmetic Mean (UPGMA) phenogram. In addition, M. michiganensis 
is not interfertile with

[[Page 55688]]

any other member of the M. glabratus complex, and it maintains its 
morphological distinctiveness where it is found sympatric with other M. 
glabratus (Posto and Prather 2003, p. 177). For these reasons, Posto 
and Prather (2003, p. 172) report the elevation of the taxon in rank 
from variety to species, and they found no evidence to support earlier 
hypotheses or a role of M. guttatus in the origin of M. michiganensis 
through hybridization with M. glabratus var. jamesii or through direct 
ancestry via an aneuploidy event. The species will continue to be 
listed as endangered.

Required Determinations

Paperwork Reduction Act of 1995

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act (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

    We have determined that we do not need to prepare Environmental 
Assessments, or Environmental Impact Statements, as defined under the 
authority of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), in connection with regulations adopted under section 
4(a) of the Endangered Species Act. We published a notice outlining our 
reasons for this determination in the Federal Register on October 25, 
1983 (43 FR 49244).

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:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) 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 help 
us to revise this 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 the referenced materials is available upon 
request from the U.S. Fish and Wildlife Service Midwest Regional Office 

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 


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

    Authority:  16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Public Law 99-625; 100 Stat. 3500; unless otherwise 

Sec.  17.12  [Amended]

2. Amend the List of Endangered and Threatened Plants in Sec.  17.12(h) 
a. Removing the entries under FLOWERING PLANTS for ``Lesquerella 
filiformis'', ``Mimulus glabratus var. michiganensis'', and ``Sedum 
integrifolium ssp. leedyi''; and
b. Adding in alphabetic order under FLOWERING PLANTS entries for 
``Mimulus michiganensis (=M. glabratus var. michiganensis)'', 
``Physaria filiformis (=Lesquerella f.)'', and ``Rhodiola integrifolia 
ssp. leedyi (=Sedum integrifolium ssp. l.)'' to read as follows:

Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------    Historic range           Family            Status      When listed    Critical     Special
         Scientific name                Common name                                                                               habitat       rules

                                                                      * * * * * * *
Mimulus michiganensis (=Mimulus    Michigan monkey-      U.S.A. (MI)........  Scrophulariaceae...  E                      392,           NA           NA
 glabratus var. michiganensis).     flower.                                                                                780

                                                                      * * * * * * *
Physaria filiformis (=Lesquerella  Missouri bladderpod.  U.S.A. (AR, MO)....  Brassicaceae.......  T                 253, 739,           NA           NA
 f.).                                                                                                                      780

                                                                      * * * * * * *
Rhodiola integrifolia ssp. leedyi  Leedy's roseroot....  U.S.A. (MN, NY)....  Crassulaceae.......  T                      460,           NA           NA
 (=Sedum integrifolium ssp. l.).                                                                                           780

                                                                      * * * * * * *

[[Page 55689]]

    Dated: August 19, 2010.
Wendi Weber,
Acting Deputy Director, Fish and Wildlife Service.
[FR Doc. 2010-22810 Filed 9-13-10; 8:45 am]