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Federal Register / Vol. 58, No. 50 I Wednesday, March 17, 1993 / Rules and Regulations Same Terms and Conditions

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Federal Register / Vol. 58, No. 50 I Wednesday, March 17, 1993 / Rules and Regulations Same Terms and Conditions 4330 - Federal Register / Vol. 58, No. 50 I Wednesday, March 17, 1993 / Rules and Regulations same terms and conditions. If, however, the court, in remanding the case “for georgianuni),ovate clubshehl PRTC wants to make CPNI information further proceedings not inconsistent (Pleurobema perovatum). and triangular more readily available to TLD, then it with this opinion,” clearly expected the kidneyshell (Ptychobranckus greeni) to must comply with the requirements Commission to conduct further be endangered species; and the fine- established in thePuerto Rico Order. proceedings concerning competitive lined pocketbook (Lampsilis altilis), 6. Within 60 days of the release of this entry in thePuerto Rico off-island orange-nacre mucket (Lampsi/is Order, PRTC must notify the markets. The Commission also perovalis), and Alabama moccasinshell Commission of the CPNI alternative it concluded that the Commission’s use of (Medionidus acutissimus) to be has selected. If PRTC has decided not to rulemaking procedures to govern further threatened species under the authority adopt a “prior authorization” approach proceedings on PRTC entry into the off- of the Endangered Species Act of 1973, for TLD, it must submit a revised ~PNI island market was a reasonable exercise as amended. These 11 species are found plan at this time as well. The PRTC of the Commission’s discretion, and in localized portions of the Mobile River GPN1 Plan should conform to the comports with the traditional use of drainage in Alabama, Georgia, changes, clarifications, and rulemaking procedures to develop Mississippi and Tennessee. Critical implementing requirements we general market entry policies in other habitat may be prudent but is not now established for the BOGs in prior orders. proceedings. Finally, the Commission determinable. This determination PRTC’s submittal in response to this concluded that the issues considered in implements the protection of the requirement will be placed on public this proceeding are entirely appropriate Endangered Species Act of 1973, as notice, and subject to comments by for resolution in a rulemaking amended, for these 11 freshwater interested parties. The Commission proceeding since those issues involve mussels. delegated authority to review and act on the general terms and conditions for EFFECTIVE DATE: April 16, 1993. the PRTC submittal to the Chief, future competitive entry in theoff- ADDRESSES: The complete file for this Common Carrier Bureau. island Puerto Rico market by all rule is available for inspection, by 7. The Commission also reaffirmed carriers. appointment, during normal business that: (1) PRTC’s ~PN1 does not include hours at theJackson Field Office, U.S. information concerning off-island Ordering Clauses Fish and Wildlife Service, 6578 servicesused by customers; (2) PRTC 10. Accordingly, It is ordered, Dogwood View Parkway, Jackson, should ensure that information about pursuant to Sections 4(i), 4(j), 201, 202, other off-island carriers’ customers is Mississippi 39213. 214, 308-310, 319 and 405 that the FOR FURTHER INFORMATION CONTACT: not made available to PRTC (or TLD) Petitions for Reconsideration ARE off-island personnel; and (3) each off- Paul Hartfield at the above address GRANTED to the extent indicated (telephone 601/965-4900) island carrier including PRTC (or TLD) herein and ARE Otherwise denied. will be able to obtain from PRTC full 11. It is further ordered, That the late SUPPLEMENTARY INFORMATION: information ebout the off-island services comments filed by MCI Corporation, Background that lila off-island carrier provides to its Inc. ARE ACCEPTED. customers. In addition, the Commission The Mobile Riverbasin drains reaffirmed the network information Federal Communications Commission. approximately 43,700 square miles and disclosure requirements established in Donno R. Searcy, is the largest Gulf Coast drainage east of the Puerto Rico Order. Secretary. the Mississippi River. The basin is 8. Many of the concerns about interim [FRDoc. 93—6011 Filed 3—16—93; 8:45 aml composed of seven major river systems: access presented by the parties involved The Mobile Delta (Mobile and Tensaw the question of whether PRTC would BILUNG CODE 6712-01-41 Rivers), Tombigbee, Black Warrior, receive superior interconnection or Alabama, Cahaba, Coosa, and service because of its poshion as a LEC. Tallapoosa Rivers and their tributaries. DEPARTMENT OF THE INTERIOR Based or. the record, the Commission These rivers drain a variety of concluded that the interim access Fish and Wildlife Service physiographic provinces, including the structure approved in the Puerto Rico Appalachian Plateau, Alabama Valley Orderwas fair and reasonable given 50 CFR Pail 17 and Ridge, Piedmont Upland, and East farilhies corstraints. In light of PRTC’s Gulf Coastal Plain. The basin’s size, responses to the concerns raised by the RIN 1018—AB66 diversity ofhabitat, and geographical c.th~’roff-island carriers, the Endangered and Threatened Wildlife isolation have resulted in a high degree t~omrnissionconcluded that PRTC’s and Plants; Endangered Status for of variation and endemism in the (.‘u’.v TLD’~)interim access was not Ei9ht Freshwater Mussels and unior~idmussel fauna. The 11 species ~‘r~’ricr w that of the cthcr off-island Threatened Status forThree addressed in this rule are known to h~~ve carriers. Freshwater Mussels In the Mobil River been collected from the Mobile drainage 9. Finally, the Commission concluded Drainage within thepast 20 years and are that its ac~ior.sin this proceeding. believed to currently exist in the ~&hjchresults from the court’s remand AGENCY: Fish and Wildlife Service. drainage. Historic distributions are in Al! America Cobles and Radio, satisfy Interior. based on the scientific literature, th~~ tory standard of Section 402(h) AC1ION: Final rule. technical reports, and museum records. and are ‘~a..rely consistent with the The names used in this nile follow terms of toe court’s remand. In its SUMMARY: The Service determines the mollusk nomenclature suggested by the decision, the court found that the upland combshell (Epiobiasma American Fisheries Society (Turgeon at Commission had not developed a record rnetastriata), southern acornshell a). 1988). sufficient to support competitive entry (Epioblasmo othcaioogensis) Coosa The upland combshell (Epioblasma in the off-island markets. The moccasinshell (Medionidus paivulus), metastriata (Conrad 1838)) is a bivalve Commission stated that since the southern clubshell (Pleurobema mollusk that rarely exceeds 60 remand was based on this conclusion decisum), darkpigToe (Pleurobema millimeters (mm) (2.4 inches (in.)) in that theexisting record was inadequate, furvum), southern pigtoe (Pleurobema length. The shells are rhomboidal to Federal Register I Vol. 58, No. 50 / Wednesday, March .17, 1993 I Rules and Regulations 14331 quadrate in outline and are sexually He reported the speciesto be greatly early 1990’s from the Cahaba River dimorphic. Males are moderately reduced as compared to a ~938 Cahaba tributary of Buck Creek, Shelby County, inflated with a broadly curved posterior River survey by van der Schalie. Pierson Alabama, are.inlhe Florida Museum of ridge. Females are considerably inflated, (1991) failed to find the species during - Natural Science mollusk collection. with a sharply elevated posterior ridge a 1990 survey of the Cahaba River Surveys of the Cahaba River drainage ~y that swells broadly post-ventrahly drainage. The most recent BlackWarrior Baldwin (1973) and Pierson (1991) ha~e forming a well-developed sulcus (the River drainage collections of the upland not relocated the species In that groove anterior to the posterior ridge). comhshehl were made by H.H. Smith in drainage. The posterior margin of the female is the early 1900’s. More recent surveys of The fine-lined pocketbook (LainpsiL;s broadly rounded and ccmes to a point the drainage, conducted in 1974 (J. altilis (Conrad 1834)) is a medium-sized anterior to the posterior extreme. Williams, U.S. Fish and Wildlife mussel, suboval in shape, and rarely Feriostracuni (the epidermis) color Service, in litt,), 1980—82 (R. Hariley, exceeds 100 mm (4 in.) in length. The varies from yellowish-brown to tawny, Greenville, SC, in litt. 1990), 1985 (Dodd ventral margin of the shell is angled and may or may not have broken green at al. 1986), and 1990 (Hartfield 1991), posteriorly in females, resulting in a rays, or small green spots. Hinge teeth did not encounter the species. pointed posterior margin. The are well-developed and heavy. Johnson The southern acornshell (Epioblasma periostracum is yellow-brown to (1~78)considered the upland combshell othcaloogensis (Lea 1857)) is a small blackish and has fine rays on the to be a variation of the southern speciesthat may grow up to 30 mm (1.2 posterior half. The nacre is white, combsheil (= penitent mussel, in.) in shell length. The shells are round becoming iridescent posteriorly. The Epioblasma penita) and synonymized to oval in outline and sexually fine-lined pocketbook can be the two. Stansbery (1983a) recognized dimorphic, with a swollen posterior distinguished from asimilar species, the consistent morphological differences ridge in females. The peniostracum is orange-nacre mucket (Larnpsilis between the two and considered both smooth, shiny, and yellow in color. peroveils) by its more elongate shape. species to be valid taxa. The upland Johnson (1978) included Epioblasma thinner shell, whitenacre, pointed coinbshehl is distinguished from the othcaloogensis in his synonymy of
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