13068 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules

40 CFR Part 264 indicating that listing this species may salamander from governmental Environmental protection, Air be warranted. Therefore, with the agencies, Native American Tribes, the pollution control, Hazardous waste, publication of this notice, we are scientific community, industry, or any Insurance, Packaging and containers, initiating a review of the status of the other interested parties. We seek Reporting and recordkeeping species to determine if listing the Berry information on: requirements, Security measures, Surety Cave salamander is warranted. To (1) The species’ biology, range, and bonds. ensure that this status review is population trends, including: comprehensive, we are requesting (a) Habitat requirements for feeding, 40 CFR Part 265 scientific and commercial data and breeding, and sheltering; Environmental protection, Air other information regarding this species. (b) Genetics and taxonomy; (c) Historical and current range, pollution control, Hazardous waste, Based on the status review, we will including distribution patterns; Insurance, Packaging and containers, issue a 12–month finding on the (d) Historical and current population Reporting and recordkeeping petition, which will address whether levels, and current and projected requirements, Security measures, Surety the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act. trends; and bonds, Water supply. (e) Past and ongoing conservation DATES: To allow us adequate time to 40 CFR Part 266 conduct this review, we request that we measures for the species, its habitat, Environmental protection, Energy, receive information on or before May or both. (2) The factors that are the basis for Hazardous waste, Recycling, Reporting 17, 2010. After this date, you must making a listing determination for a and recordkeeping requirements. submit information directly to the Field species under section 4(a) of the Office (see FOR FURTHER INFORMATION 40 CFR Part 268 Endangered Species Act of 1973, as CONTACT section below). Please note that amended (Act) (16 U.S.C. 1531 et Environmental protection, Hazardous we may not be able to address or seq.), which are: waste, Reporting and recordkeeping incorporate information that we receive (a) The present or threatened requirements. after the above requested date. destruction, modification, or 40 CFR Part 270 ADDRESSES: You may submit curtailment of its habitat or range; information by one of the following (b) Overutilization for commercial, Environmental protection, methods: Administrative practice and procedure, • recreational, scientific, or Federal eRulemaking Portal: http:// educational purposes; Confidential business information, www.regulations.gov. Search for Docket Hazardous materials transportation, (c) Disease or predation; No. FWS-R4-ES-2010-0011 and follow (d) The inadequacy of existing Hazardous waste, Reporting and the instructions for submitting regulatory mechanisms; or recordkeeping requirements, Water comments. (e) Other natural or manmade factors pollution control, Water supply. • U.S. mail or hand-delivery: Public affecting its continued existence. Dated: March 10, 2010. Comments Processing, Attn: FWS-R4- (3) The potential effects of climate Lisa P. Jackson, ES-2010-0011; Division of Policy and change on this species and its habitat. Administrator. Directives Management; U.S. Fish and If, we determine that listing the Berry [FR Doc. 2010–5697 Filed 3–17–10; 8:45 am] Wildlife Service; 4401 N. Fairfax Drive, Cave salamander is warranted, it is our Suite 222; Arlington, VA 22203. BILLING CODE 6560–50–P intent to propose critical habitat to the We will post all information received maximum extent prudent and on http://www.regulations.gov. This determinable at the time we propose to generally means that we will post any DEPARTMENT OF THE INTERIOR list the species. Therefore, with regard personal information you provide us to areas within the geographical range Fish and Wildlife Service (see the Information Requested section currently occupied by the Berry Cave below for more details). salamander, we also request data and 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: information on what may constitute Mary E. Jennings, Field Supervisor, physical or biological features essential [Docket No. FWS-R4-ES-2010-0011] Cookeville Ecological Services Field to the conservation of the species, where [MO 92210-0-0008-B2] Office, 446 Neal Street, Cookeville, TN, these features are currently found, and Endangered and Threatened Wildlife 38501; by telephone (931-528-6481); or whether any of these features may and Plants; 90-Day Finding on a by facsimile (931-528-7075). Persons require special management Petition to List the Berry Cave who use a telecommunications device considerations or protection. Salamander as Endangered for the deaf (TDD) may call the Federal In addition, we request data and Information Relay Service (FIRS) at 800- information regarding whether there are AGENCY: Fish and Wildlife Service, 877-8339. areas outside the geographical area Interior. SUPPLEMENTARY INFORMATION: occupied by the species that are essential for the conservation of the ACTION: Notice of petition finding and Information Requested initiation of status review. species. Please provide specific When we make a finding that a comments and information as to what, SUMMARY: We, the U.S. Fish and petition presents substantial if any, critical habitat you think we Wildlife Service, announce a 90–day information indicating that listing a should propose for designation if the finding on a petition to list the Berry species may be warranted, we are species is proposed for listing, and why Cave salamander (Gyrinophilus required to promptly review the status such habitat meets the requirements of gulolineatus) as endangered under the of the species (status review). For the the Act. Endangered Species Act of 1973, as status review to be complete and based Please include sufficient information amended. Based on our review, we find on the best available scientific and with your submission (such as scientific that the petition presents substantial commercial information, we request journal articles, other supporting scientific or commercial information information on the Berry Cave publications, or data) to allow us to

VerDate Nov<24>2008 12:44 Mar 17, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\18MRP1.SGM 18MRP1 pwalker on DSK8KYBLC1PROD with PROPOSALS Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules 13069

verify any scientific or commercial status of the species, which is these differences and its apparent information you include. subsequently summarized in our 12– isolation from other members of the Submissions merely stating support month finding. group, Collins (1991, p. 43) for or opposition to the action under recommended that this subspecies be Petition History consideration, without providing recognized as a distinct species (G. supporting information, although noted, On January 22, 2003, we received a gulolineatus). will not be considered in making a petition dated January 15, 2003, from The Berry Cave salamander is determination. Section 4(b)(1)(A) of the Dr. John Nolt, University of Tennessee restricted to the Ridge and Valley Act directs that determinations as to – Knoxville, requesting that we list the Physiographic Province of eastern whether any species is an endangered or Berry Cave salamander as endangered Tennessee. It has been reported from threatened species must be made ‘‘solely under the Act. The petition clearly Berry Cave, which is located south of on the basis of the best scientific and identified itself as such and included Knoxville, Tennessee; from Mud Flats, commercial data available.’’ the requisite identification information Meades Quarry, and Cruze Caves in You may submit your information for the petitioner, as required in 50 CFR Knoxville; and from an unknown cave concerning this status review by one of 424.14(a). In a February 24, 2003, letter in the Athens, Tennessee, area. The the methods listed in the ADDRESSES to the petitioner, we responded that we Athens record is based solely on three section. If you submit information via had reviewed the petition but that, due specimens collected in a roadside ditch http://www.regulations.gov, your entire to court orders and settlement that are presumed to have washed out submission—including any personal agreements for other listing and critical of a cave during flooding (Brandon identifying information—will be posted habitat actions that required nearly all 1965, pp. 348–349). The species has not on the website. If you submit a of our listing and critical habitat been observed in the Athens area since hardcopy that includes personal funding for fiscal year 2003, we would 1953. identifying information, you may not be able to further address the request at the top of your document that petition at that time. Evaluation of Information for This we withhold this personal identifying Finding Species Information information from public review. Section 4 of the Act (16 U.S.C. 1533) However, we cannot guarantee that we The Berry Cave salamander and its implementing regulations at 50 will be able to do so. We will post all (Gyrinophilus gulolineatus) was CFR 424 set forth the procedures for recognized as a distinct aquatic cave- hardcopy submissions on http:// adding species to, or removing a species dependant taxon when it was originally www.regulations.gov. from, the Federal Lists of Endangered described as a subspecies (G. palleucus Information and supporting and Threatened Wildlife and Plants. A gulolineatus) of the Tennessee cave documentation that we received and species may be determined to be an salamander (G. palleucus) by Brandon used in preparing this finding will be endangered or threatened species due to (1965, pp. 346–352). The Tennessee available for public inspection on http:// one or more of the five factors described cave salamander is found in eastern and www.regulations.gov, or you may make in section 4(a)(1) of the Act: (A) The middle Tennessee, northern Alabama, an appointment during normal business present or threatened destruction, and northwestern Georgia. The hours, at the U.S. Fish and Wildlife modification, or curtailment of its Tennessee cave salamander is related to Service, Cookeville Ecological Services habitat or range; (B) overutilization for the spring salamander (G. Field Office (see FOR FURTHER commercial, recreational, scientific, or porphyriticus); however, unlike the INFORMATION CONTACT). educational purposes; (C) disease or spring salamander, it is usually found in predation; (D) the inadequacy of Background caves and is neotenic, meaning that it existing regulatory mechanisms; or (E) Section 4(b)(3)(A) of the Act requires normally retains larval characteristics as other natural or manmade factors that we make a finding on whether a an adult. Individuals occasionally affecting its continued existence. petition to list, delist, or reclassify a metamorphose and lose their larval In making this 90–day finding, we species presents substantial scientific or characters (Simmons 1976, p. 256; evaluated whether information commercial information indicating that Yeatman and Miller 1984, pp. 305–306), regarding threats to the Berry Cave the petitioned action may be warranted. and metamorphosis can be induced by salamander, as presented in the petition We are to base this finding on subjecting them to hormones (Dent and and other information available in our information provided in the petition, Kirby-Smith 1963, p. 123). files, is substantial, thereby indicating supporting information submitted with Three taxonomic entities have been that the petitioned action may be the petition, and information otherwise formally described within the warranted. Our evaluation of this available in our files. To the maximum Tennessee cave salamander species information is presented below. extent practicable, we are to make this complex. The pale salamander (G. p. finding within 90 days of our receipt of palleucus) is the most widely A. The Present or Threatened the petition and publish our notice of distributed member of the group and is Destruction, Modification, or the finding promptly in the Federal found in middle Tennessee, northern Curtailment of the Species’ Habitat or Register. Alabama, and northwestern Georgia. Range Our standard for substantial scientific The Big Mouth Cave salamander (G. p. Information Provided in the Petition or commercial information within the necturoides) is restricted to one cave in Code of Federal Regulations (CFR) with middle Tennessee, and the Berry Cave The petitioner stated that the Berry regard to a 90–day petition finding is salamander has been recorded from five Cave salamander is known from only ‘‘that amount of information that would locations in eastern Tennessee. four populations, all in eastern lead a reasonable person to believe that The Berry Cave salamander is Tennessee, and that all but one of these the measure proposed in the petition differentiated from other members of the populations are immediately threatened may be warranted’’ (50 CFR 424.14(b)). group by a distinctive dark stripe on the or already extirpated. These four If we find that substantial scientific or upper portion of the throat, a wider locations include Berry Cave in Roane commercial information was presented, head, a flatter snout, and possibly larger County; Mud Flats Cave in Knox we are required to promptly review the size (Brandon 1965, p. 347). Based on County; an unknown location in the

VerDate Nov<24>2008 12:44 Mar 17, 2010 Jkt 220001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\18MRP1.SGM 18MRP1 pwalker on DSK8KYBLC1PROD with PROPOSALS 13070 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules

town of Athens, McMinn County; and presumably connected to this cave fluctuations in temperature of water Meades Quarry/Cruze Cave complex in system. The petitioner concluded that entering the cave system, and an South Knoxville, Knox County (treated the proposed construction project and increase in pollution from toxic runoff. as two separate localities in discussion resulting road would threaten the Berry We believe that these factors could lead above). The petitioner stated that Berry Cave salamander population by to a decline in the population in the Cave was the only location containing a disrupting the food chain upon which Meades Quarry/Cruze Cave complex, pure and unthreatened population of the species depends, increasing siltation given the apparent decline at Mud Flats the species. in the cave system, and altering the Cave in the face of similar threats, The petitioner stated that the only hydrologic and thermal regimes of the primarily excessive siltation. Because record of Berry Cave salamanders from stream system. Other road-related the Berry Cave salamander is restricted the town of Athens was based on a 1953 impacts to this site that the petitioner to no more than four localities, one of collection of three specimens from a stated would threaten the species either which might already be extirpated (see roadside ditch that was flooded by directly or by reducing its prey included discussion above concerning Mud Flats Oostanaula Creek. These specimens filling of cave passages with concrete, Cave), we believe the petitioner presents were collected near a hole in the collapse of cave passages, pollution substantial information to suggest the ground, presumably an opening into a from toxic runoff, and toxic chemical cave out of which the animals had been spills. species could be placed at risk of washed, but the exact location was becoming extinct in the foreseeable unknown. The petitioner concluded that Evaluation of Information Provided in future. the Petition and Available in Service this population, if it still exists, is In summary, we find that the Files potentially under pressures from information provided in the petition, as development and pollution that affected Information in Service files supports well as other information in our files, other sites in urban areas. the petitioner’s claim that the Berry presents substantial scientific or The petitioner also stated that the Cave salamander is known from only 4 commercial information indicating that habitat in Mud Flats Cave was degraded populations in eastern Tennessee the petitioned action may be warranted several years prior to the petition date, (Wynn and Jacobs 1988, pers. comm.). due to present or threatened due to siltation from a nearby housing In addition, we have no information in destruction, modification, or development, and that efforts to find the our files indicating that Berry Cave curtailment of the species’ habitat or Berry Cave salamander subsequent to salamanders have been collected from range. Specifically, the petitioner’s this development have failed, suggesting the vicinity of Athens, Tennessee, since claims that (1) the Mud Flats Cave the initial discovery there in 1953. this population might be extirpated. The population of Berry Cave salamander petitioner also asserted that if the The source of much of the may be extirpated and that habitat in species has survived at this location, it information included in the petition this location has been modified by is subjected to continued pollution and was notes taken by the petitioner during siltation and other development-related siltation from this development. a meeting about the Berry Cave In addition, the petitioner asserted salamander and related taxa within the threats, and (2) the Meades Quarry/ that Meades Quarry Cave and Cruze G. palleucus species complex, which Cruze Cave complex may be threatened Cave are connected, forming one was held by the Service on December by proposed road development in the system. Evidence of a connection 10, 2002. Several persons vicinity of the cave, indicate that the included: (1) Information on the knowledgeable about the distribution, petitioned action may be warranted. position of Meades Quarry Cave, which status, and ongoing taxonomic studies B. Overutilization for Commercial, is thought to extend southwest in the of the species were present at that Recreational, Scientific, or Educational general direction of Cruze Cave; (2) the meeting. During this meeting, Ron Purposes location of both caves within the Caldwell reported that he visited Mud Holston Formation, a long band of Flats Cave in 1994 and did not observe The petition presents no substantial relatively soluble marble-like limestone any salamanders. At the time of the scientific or commercial information, known as ‘‘Tennessee marble’’ that is visit, the mud in the cave was hip deep nor do we have such information in our found in an area only a few hundred whereas the mud was only ankle deep files, indicating that the petitioned yards or meters wide; and (3) genetic during prior visits he made to the cave. action may be warranted due to threats studies that suggest that salamanders He also reported that a housing from overutilization for commercial, from both caves are part of the same development had filled in a sinkhole recreational, scientific, or educational population. The petitioner stated that if overlaying the cave and that lawn runoff purposes. However, we will evaluate all the two caves are part of the same from the development and from a golf factors, including threats from system, the proposed James White course may be impacting the cave overutilization for commercial, Parkway, which would be located (Caldwell 2002, pers. comm.). recreational, scientific, or educational midway between the entrance to If the James White Parkway is purposes, when we conduct our status Meades Quarry Cave and the entrance to constructed as the petitioner describes, review. Cruze Cave, must pass directly over the the habitat of the Berry Cave salamander system and constitutes a significant may be negatively impacted. C. Disease or Predation threat to the Meades Quarry/Cruze Cave Construction of the parkway has the habitat of the Berry Cave salamander. In potential to cause erosion of The petition presents no substantial addition, the petitioner stated that a surrounding land and cause excessive scientific or commercial information, proposed interchange for the James siltation to enter the Meades Quarry/ nor do we have such information in our White Parkway would be located on a Cruze Cave complex, which in turn files, indicating that the petitioned hillside immediately above a sinkhole could cause a disruption in the amount action may be warranted due to disease complex that lies in the Holston of organic matter (salamander food or predation. However, we will evaluate formation, approximately midway source) entering the cave complex. It all factors, including threats from between the entrances to Cruze and could also cause fluctuations in water disease and predation, when we Meades Quarry Caves. The sinkhole is flow through the cave system, conduct our status review.

VerDate Nov<24>2008 12:44 Mar 17, 2010 Jkt 220001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\18MRP1.SGM 18MRP1 pwalker on DSK8KYBLC1PROD with PROPOSALS Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules 13071

D. The Inadequacy of Existing being lost through interbreeding with from the Act’s ‘‘best scientific and Regulatory Mechanisms spring salamanders, threatening the commercial data’’ standard that applies genetic integrity of the species. to a status review to determine whether The petition presents no substantial Therefore, we find that the a petitioned action is warranted. A 90– scientific or commercial information, information provided in the petition, as day finding does not constitute a status nor do we have such information in our well as other information in our files, review under the Act. In a 12–month files, indicating that the petitioned presents substantial scientific or finding, we will determine whether a action may be warranted due to threats commercial information indicating that petitioned action is warranted after we resulting from the inadequacy of the petitioned action may be warranted have completed a thorough status existing regulatory mechanisms. due to the potential threat to the genetic review of the species, which is However, we will evaluate all factors, integrity of two of the four known conducted following a substantial 90– including the inadequacy of existing populations of Berry Cave salamander day finding. Because the Act’s standards regulatory mechanisms when we by hybridization with the spring for 90–day and 12–month findings are conduct our status review. salamander. different, as described above, a E. Other Natural or Manmade Factors substantial 90–day finding does not Finding Affecting the Species’ Continued mean that the 12–month finding will Existence On the basis of our determination result in a warranted finding. under section 4(b)(3)(A) of the Act, we Information Provided in the Petition have determined that the petition References Cited The petitioner stated that specimens presents substantial scientific or A complete list of references cited is so far collected from the Meades commercial information indicating that available on the Internet at http:// Quarry/Cruze Cave complex have listing the Berry Cave salamander may www.regulations.gov and upon request hybridized with the spring salamander be warranted. This finding is based on from the Cookeville Ecological Services (Gyrinophilus porphyriticus), which the possibility of habitat loss and Field Office (see FOR FURTHER occurs near the cave entrances. degradation from development, which INFORMATION CONTACT). has been implicated in the reduction or Evaluation of Information Provided in Author possible loss of Berry Cave salamanders the Petition and Available in Service in Mud Flats Cave. It is also based on The primary authors of this notice are Files the potential threat of the loss of genetic the staff members of the Cookeville The petitioner’s claims concerning diversity due to interbreeding between Ecological Services Field Office (see FOR hybridization are supported by Berry Cave and spring salamanders in FURTHER INFORMATION CONTACT). correspondence in our files, which Meades Quarry and Cruze caves. Authority: The authority for this action is indicate that, based upon Because we have found that the petition the Endangered Species Act of 1973, as electrophoretic data, populations in presents substantial information amended (16 U.S.C. 1531 et seq.). Meades Quarry and Cruze Caves indicating that listing the Berry Cave hybridize with spring salamanders salamander may be warranted, we are Dated: March 9, 2010. (Wynn and Jacobs 1988, pers. comm.) initiating a status review to determine Rowan W. Gould, While this may be a natural occurrence whether listing the Berry Cave Acting Director, U.S. Fish and Wildlife that has gone on for quite some time, salamander under the Act is warranted. Service. there is a possibility that unique Berry The ‘‘substantial information’’ [FR Doc. 2010–5966 Filed 3–17– 10; 8:45 am] Cave salamander genetic material is standard for a 90–day finding differs BILLING CODE 4310–55–S

VerDate Nov<24>2008 17:09 Mar 17, 2010 Jkt 220001 PO 00000 Frm 00027 Fmt 4702 Sfmt 9990 E:\FR\FM\18MRP1.SGM 18MRP1 pwalker on DSK8KYBLC1PROD with PROPOSALS