2003 Federal Register, 68 FR 2283; Centralized Library: U.S. Fish And
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Federal Register / Vol. 68, No. 11 / Thursday, January 16, 2003 / Proposed Rules 2283 establish a voluntary labeling regime for unidirectional digital cable television Endangered Species Act of 1973, as unidirectional digital cable television receivers and related digital cable amended. After review of all available receivers and related digital cable products that meet certain technical scientific and commercial information, products that meet certain technical specifications. This regime would we find that the petitioned action is specifications. This regime would include testing and self-certification warranted, but precluded by higher include testing and self-certification standards, as well as consumer priority actions to amend the Lists of standards, as well as consumer information disclosures to purchasers of Endangered and Threatened Wildlife information disclosures to purchasers of such receivers and products. and Plants. Upon publication of this 12- such receivers and products. Compliance may also require month petition finding, this species will Compliance may also require multichannel video programming be added to our candidate species list. multichannel video programming distributors to encode certain We will develop a proposed rule to list distributors to encode certain commercial audiovisual content to this population pursuant to our Listing commercial audiovisual content to prevent or limit its copying and prohibit Priority System. prevent or limit its copying and prohibit the use of selectable output controls. the use of selectable output controls. Cable operators with systems of 750 DATES: The finding announced in this Cable operators with systems of 750 MHz or greater activated channel document was made on January 10, MHz or greater activated channel capacity may be required to support 2003. Comments and information may capacity may be required to support operation of unidirectional digital cable be submitted until further notice. operation of unidirectional digital cable products on digital cable systems and to ADDRESSES: You may send data, products on digital cable systems and to ensure that navigation devices utilized information, comments, or questions ensure that navigation devices utilized in connection with such systems have concerning this finding to the Field in connection with such systems have an IEEE 1394 interface and comply with Supervisor (Attn: MYLF), Sacramento an IEEE 1394 interface and comply with specified technical standards. However, Fish and Wildlife Office, U.S. Fish and specified technical standards. While we welcome comment on modifications Wildlife Service, 2800 Cottage Way, these requirements could have an of the proposals if based on evidence of Room W–2605, Sacramento, California impact on consumer electronics potential differential impact on smaller 95825. You may inspect the petition, manufacturers and multichannel video entities. In addition, the Regulatory administrative finding, supporting programming distributors, it remains Flexibility Act requires agencies to seek information, and comments received, unclear weather there would be a comment on possible small entity- during normal business hours by differential impact on small entities. We related alternatives, as noted above. We appointment, at the above address. seek comment on whether the burden of therefore seek comment on alternatives these requirements would fall on large to the proposed rules that would assist FOR FURTHER INFORMATION CONTACT: and small entities differently. small entities while maintaining the Peter Epanchin, Susan Moore, or Chris 32. Steps Taken to Minimize compromise reached in the Nagano at the above address (telephone, Significant Impact on Small Entities, Memorandum of Understanding. (916) 414–6600; fax, (916) 414–6710). and Significant Alternatives Considered. 34. Federal Rules Which Duplicate, SUPPLEMENTARY INFORMATION: The RFA requires an agency to describe Overlap, or Conflict with the any significant alternatives that it has Commission’s Proposals. None. Background considered in reaching its proposed Federal Communications Commission. approach, which may include the Section 4(b)(3)(B) of the Endangered following four alternatives (among Marlene H. Dortch, Species Act of 1973, as amended (Act) others): (1) The establishment of Secretary. (16 U.S.C. 1531 et seq.), requires that, differing compliance or reporting [FR Doc. 03–948 Filed 1–15–03; 8:45 am] for any petition to revise the List of requirements or timetables that take into BILLING CODE 6712–01–P Threatened and Endangered Species account the resources available to small that contains substantial scientific and entities; (2) the clarification, commercial information that listing may consolidation, or simplification of DEPARTMENT OF THE INTERIOR be warranted, we make a finding within compliance or reporting requirements 12 months of the date of the receipt of under the rule for small entities; (3) the Fish and Wildlife Service the petition on whether the petitioned use of performance, rather than design, action is: (a) Not warranted, or (b) standards; and (4) an exemption from 50 CFR Part 17 warranted, or (c) warranted but that the coverage of the rule, or any part thereof, immediate proposal of a regulation Endangered and Threatened Wildlife for small entities. implementing the petitioned action is 33. As indicated above, the FNPRM and Plants; 12-Month Finding for a precluded by other pending proposals to seeks comment on whether the Petition To List the Sierra Nevada determine whether any species is Commission should adopt or revise Distinct Population Segment of the threatened or endangered, and rules relating to the creation of a cable Mountain Yellow-legged Frog (Rana expeditious progress is being made to ‘‘plug and play’’ standard for digital muscosa). add or remove qualified species from cable television receivers and other AGENCY: Fish and Wildlife Service, the List of Threatened and Endangered digital cable television consumer Interior. Species. Section 4(b)(3)(C) of the Act electronics equipment in order to ACTION: Notice of 12-month petition requires that a petition for which the facilitate the DTV transition. This finding. requested action is found to be regime may require may require the warranted but precluded shall be treated manufacture of digital cable television SUMMARY: We, the U.S. Fish and as though resubmitted on the date of receivers and other digital cable Wildlife Service (Service), announce a such finding, i.e., requiring a television consumer electronics 12-month finding for a petition to list subsequent finding to be made within equipment. Consumer electronics the Sierra Nevada distinct population 12 months. Such 12-month findings are manufacturers may be required to segment of the mountain yellow-legged to be published promptly in the Federal establish a labeling regime for frog (Rana muscosa) under the Register. VerDate Dec<13>2002 14:57 Jan 15, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\16JAP1.SGM 16JAP1 2284 Federal Register / Vol. 68, No. 11 / Thursday, January 16, 2003 / Proposed Rules Taxonomy have three firm jelly-like transparent typically are encountered in the upper Camp (1917) described the mountain envelopes surrounding a grey-tan or half of that elevation range (Zweifel yellow-legged frog as two subspecies of black vitelline (egg yolk) capsule 1955; Mullally and Cunningham 1956; Rana boylii: R. b. sierrae in the Sierra (Wright and Wright 1949). Stebbins 1985). The larvae (tadpoles) of this species Nevada, and R. b. muscosa in southern generally are mottled brown in dorsal Habitat Requirements California. On the basis of the similar coloration with a golden tint and a Mountain yellow-legged frogs rarely morphological (body structure) faintly-yellow venter (underside) are found more than 1 m (3.3 ft) from characteristics of the two subspecies, (Zweifel 1955; Stebbins 1985). Total water (Stebbins 1951; Mullally and the small number of sites where both tadpole length reaches 72 mm (2.8 in), Cunningham 1956; Bradford et al. were found, and breeding experiments, its body is flattened, and the tail 1993). At the lower elevations in the R. b. muscosa and R. b. sierrae were musculature is wide, about 2.5 Sierra Nevada, the species usually is split from the R. boylii group and centimeters (cm) (1 in) or more, before associated with rocky stream beds and combined under a single species, R. tapering into a rounded tip (Wright and wet meadows surrounded by coniferous muscosa (Zweifel 1955). Genetic studies Wright 1949). The mouth has a forest (Zweifel 1955; Zeiner et al. 1988). also have concluded that R. muscosa maximum of 7 labial (lip) tooth rows (2– At higher elevations, the species and R. boylii are distinct species (Case 3 upper and 4 lower) (Stebbins 1985). occupies lakes, ponds, tarns, and 1978; Davis 1986; Green 1986a, 1986b; Larvae often take 2 to 4 years or more streams (Zweifel 1955; Mullally and Hillis and Davis 1986; Macey et al. to reach metamorphosis (transformation Cunningham 1956; Stebbins 1985). The 2001). from larvae to frogs) (Wright and Wright borders of alpine (above treeline) lakes Description 1949; Cory 1962b; Bradford 1983; and montane (mountain) meadow Bradford et al. 1993; Knapp and streams used by mountain yellow- The body length (snout to vent) of the Matthews 2000). legged frogs are frequently grassy or mountain yellow-legged frog ranges muddy; this differs from the sandy or from 40 to 80 millimeters (mm) (1.5 to Range rocky shores that are inhabited