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Regulatory Flexibility Analysis: We DEPARTMENT of the INTERIOR Federal Register / Vol. 58, No.232 I Monday, December 6, 1993 I Proposed Rules 64Z81 telecommunications infrastructure. In 4. The Commission has studied the DEPARTMENT OF THE INTERIOR lanuary of 1990, for example, AT&T recommendations and has tentatively experienced a large scale service failure concluded that, with certain Fish and Wildlife Service when software used with its Signaling modifications, their establishment in the 50 CFR Part 17 System 7 contained a coding error. form of the proposed new Section Other major interexchange carriers also 63.100, while cost-effectiveand not RIN 1018—ACO9 experienced significant outages. In June unduly burdensome to the reporting and July of 1991, local exchange carriers Endangered and Threatened Wildlife parties, will significantly enhance the and Plants; Proposed Reclassification Pacific Bell and Bell Atlantic capacity of the Commission to monitor experienced major outages. At that time, outages and to encourage the industry to of Betula Uber (Virginia Round-Leaf Birch) From Endangeredto Threatened the Commission had no systematic way find ways to furtherensure network by which to become informed quickly of reliability. As with other Commission AGENCY: Fish and Wildlife Service, significant service disruptions and was regulations, compliance with the Lnterior. unable to determine whether certain proposed reporting requirements, if they ACTiON: Proposed rule. kinds of technology or equipment are established, may be effectively SUMMARY: The U.S. Fish and Wildlife threatened service reliability. Present enforced under 47 CFR 1.80. Section 63.100 provided a vehicle by Service (Service) proposes to reclassify which the Commission became better Regulatory Flexibility Analysis: We Betuio uber (Ashe) Fernald (Virginia and more quickly informed of certain certif that the Regulatory Flexibility round-leaf birch) from endangered to significant outages. Act of 1980 does not apply to this threatened. This action is proposed due 3. The Report and Order adopting rulemaking proceeding because if the to substantial improvement in the status present § 63.100, 7 FCC Rcd 2010 proposed rule amendment is of this tree species, which is known (Released February 27, 1992), 56 FR promulgated, there will not be a from one naturally occurring population 7883, March 5, 1992, requested that the significant economic impact on a in southwestern Virginia. Although the Network Reliability Council, a federal substantial number of small business natural population has decreased from advisory committee created by the entities, as defined in section 601(3) of 41 to 11 plants since the species’ Commission to provide advice to the the Regulatory Flexibility Act The rediscovery in 1975, the establishment Commission for enhancing network Secretary shall send a copy of this of 20 additional populations overthe reliability, study and recommend NPRM, including the certification, to past decade has resulted in a dramatic suitable additions to the reporting the ChiefCounsel for advocacy of the increase in the total population to over 1,400 subadult trees. Betulo uber requirement in §63.100. The proposed small business administration in seedlings also have been cultivated and amendment to § 63.100 incorporates accordance with section 605(b) of the distributed to interested individuals, many of the outage reporting Regulatory Flexibility Act, Pub. L. No. r~ommendationsof theCouncil. The arboreta, and botanical gardens 96—354, 94 Stat. 1167,5 U.S.C. 601 et throughout the United States and to two Council’s membership included all seq. sectors of the telecommunications foreign countries. industry, as well as state regulators and Lx Po.rte Presentations~.This is a This proposed reclassification is representatives of large and small nonrestricted notice and comment undertaken in fulfillment of section 4(c) of the Endangered Species Act (Act) of telecommunications consumers. A11 rulemaking proceeding. Ex parte Council meetings were open to the presentations are permitted except 1973, as amended, which requires the Service to periodically review and public. Members of the public were during the Sunshine Agenda period, invited to present written submissions provided they are disclosed as required reclassify, as needed, the species on the Federal list of endangered and for the Council’s consideration. The by Commission rules. See generally 47 final reporting recommendations, sent CFR 1.1202, 1.1203 and 1.1206(a). threatened wildlife and plants. The to the Commission on December29, proposed change in classification, based Legal Basis: Sections 1, 4, 201—205, on a thorough review of all information 1992, were the result of months of 218, 220 and 403 of the currently available for Betulo uber, painstaking research by theThreshold Communications Act of 1934, as provides formal recognition of progress Reporting Group, a research committee amended. of the Council composed of industry toward recovery of this species. Reclassification to threatened status will and consumer telecommunications List of Subjects in 47 CFR Part 63 exports. A variety of possible reporting not significantly alter its protection thiesholds and conditions were Communications common carriers, under the Act. considered by these experts~by the Reporting and recordkeeping DATES: Comments from all interested Council and by the Commission. (For a requirements, Service disruptions. parties must be received by February 4, detailed research summary and analysis, Federal Communications Commission. 1994. Public hearing requests must be received by January 20, 1994. Seethe Final Recommendation of the William F. Caton, Threshold ReportingGroup of the ADDRESSES: Comments and materials Network Reliability Council, December Acting Secretwy. concerning this proposal should be sent 15, 1992. This item is available for IFR Doc 93—29710 Filed 12—3—93; 8:45 aml to theEndangered Species Office, U.S. Inspection and copying during normal BILLING COOC S7I2-Oi-~ Fish and Wildlife Service, 300 Westgate Working hours in room6325 of the Center Drive, Hadley, MA 01035—9589. Commission’s offices at 2025 M Street, Comments and materials received will NW., Washington, DC 20554; copies be available for public inspection, by rn.y also be purchased from the appointment, during normal business ~nmission’s copy contractor, hours at the above address. h*ternational Transcription Service. FO~FURThER NFORMATIO~COITACT: Ms. (202)Suite857—3800,140, Washington,2100 M DCStreet,20037). Debbie Mignogno at the above address, telephone(413/253—8627). 64284 Fed~aI Izer / Vol. 58, No. 232 ~‘ Monday, December 6, 1993 I Proposed Rules addition to increesmg the number and is unknown, butthe trees were staked Based on a review of the Virginia geographical distribution of ronnd-leaf in an attempt to stabilize them. Round-Leaf Birth Recovery Plan (U.S birches in cultivation, making the plants The maintenance activities described Fish and Wildlife Service 1990), the available to the public was viewed as a above will continue as pert of the species’ present status does not meet the way of possibly reducing vandalism to recovery program following criteria established for delisting the the natural population by changing the reclassification of Betuia uber to species. However, given the successful public’s perception of thetree as rare. threatened. propagation and distribution of plants While vandalism and collection D. The inadequacy of existing together with its current distribution remain concerns, the distribution of regulatory mechanisms. Betula uber is and afforded protection, this rare birch seedlings, along with public awareness protected by the Federal Endangered is not in imminent danger of extinction. efforts such as the interpretive activities Species Act of 1973. as amended, and The best available data indicate that at the Mt. Rogers National Recreation by the Virginia Endangered Plant and Beta!a uber qualifies as athreatened Area, and coordination with persons Insect Act of 1979. The Virginia statute species. The Servicehas carefully and aeences in the area whose activities prohibits tiking of endangered plants on assessed thebest scientific and could affect the species, have shown at both public and private lands, except by commercial information available least some indirect suocess in the private landowner. Ifthe proposed regarding the past, present, and future alleviating these problems. It was noted reclassification to threatened stetus threats faced by this species in at the 1992 meeting of the Betula uber becomes final, no substantive change in determiningto propose this rule. Based Protection, Management and Research the protection afforded this species on this evaluation, the preferred action Coordinating Committee that no under these laws is anticipated. is to list Betula uber as threatened. vandalism was reported during the Populations on private lands will still Available Couservat~Measures previous year in the introduced be subject to loss due to inadequate If made final, this rule would change populations for the first time in five regulatory protection. the status of Betula uber at 50 CFR 17.12 years. E. Other natural or manmade factors from endangered to threatened. This C. Disease or predation. Betula uber is affectingits continued existence. Most rule would formally recognize that this subject to a number ofcompromising of the loss in thenatural population has speciesis no longer in imminent danger factors. including diseases, insects, and been attributed to vandalism and of extinction throughout
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