Federal Register/Vol. 63, No. 208/Wednesday, October 28, 1998
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57610 Federal Register / Vol. 63, No. 208 / Wednesday, October 28, 1998 / Rules and Regulations Canadian border, concurrence of the ACTION: Final rule. Authority: 49 U.S.C. 322; Public Law 101± Canadian government has been 552, 28 U.S.C. 2672, 31 U.S.C. 3711(a)(2). SUMMARY: The Secretary is delegating obtained. With this action, this 2. In § 1.49 (Delegations to Federal proceeding is terminated. his authority to the Federal Railroad Administrator under section 322 to Title Railroad Administrator), the following EFFECTIVE DATE: November 30, 1998. A 23 of the United States Code. Section section (kk) is added at the end thereof. filing window for Channel 282A at 322, titled the Magnetic Levitation Chehalis, Washington, will not be § 1.49 Delegations to the Federal Railroad Transportation Technology Deployment Administration. opened at this time. Instead, the issue of Program, was added by section 1218 of opening a filing window for this * * * * * the Transportation Equity Act for the (kk) Carry out the functions and channel will be addressed by the 21st Century, Public Law 105±178 (June Commission in a subsequent order. exercise the authority vested in the 9, 1998). Section 322 provides a total of Secretary by 23 U.S.C. 322, titled the FOR FURTHER INFORMATION CONTACT: $55 million for Fiscal Years 1999 Magnetic Levitation Transportation Sharon P. McDonald, Mass Media through 2001 for preconstruction Technology Deployment Program. Bureau, (202) 418±2180. planning activities, final design, Issued in Washington, DC, this 21st day of SUPPLEMENTARY INFORMATION: This is a engineering, and construction activities October, 1998. synopsis of the Commission's Report for maglev deployment; $15 million is Rodney E. Slater, and Order, MM Docket No. 97±7, available in Fiscal Year 1999 and $40 adopted October 7, 1998, and released million for Fiscal Years 2000 and 2001. Secretary of Transportation. October 16, 1998. The full text of this Also, section 322 authorizesÐbut does [FR Doc. 98±28821 Filed 10±27±98; 8:45 am] Commission decision is available for not appropriateÐadditional Federal BILLING CODE 4910±62±P inspection and copying during normal funds of $950 million for final design business hours in the FCC Reference and construction of the most promising Center (Room 239), 1919 M Street, NW., project. The authority of the Secretary in DEPARTMENT OF THE INTERIOR Washington, DC. The complete text of section 322 to make financial assistance this decision may also be purchased available to states through the Fish and Wildlife Service from the Commission's copy establishment of eligibility criteria, 50 CFR Part 17 contractors, International Transcription solicitation of applications, and the Service, Inc., (202) 857±3800, 1231 20th selection of projects for funding should RIN 1018±AE36 Street, NW, Washington, DC 20036. be delegated to the Federal Railroad Administrator because FRA has the Endangered and Threatened Wildlife List of Subjects in 47 CFR Part 73 expertise and staff to carry out this and Plants; Endangered Status for Radio broadcasting. program in accordance with the Three Aquatic Snails, and Threatened Part 73 of Title 47 of the Code of statutory requirements. Status for Three Aquatic Snails in the Mobile River Basin of Alabama Federal Regulations is amended as EFFECTIVE DATE: October 28, 1998. follows: FOR FURTHER INFORMATION CONTACT: AGENCY: Fish and Wildlife Service, Gareth W. Rosenau, Office of Chief Interior. PART 73Ð[AMENDED] Counsel (RCC±20), Federal Railroad ACTION: Final rule. 1. The authority citation for Part 73 Administration, 400 Seventh Street, SW. continues to read as follows: (Stop 10), Washington, DC 20590. SUMMARY: The Fish and Wildlife Service Phone: (202) 493±6054. (Service) determines the cylindrical Authority: Sections 47 U.S.C. 154, 303, lioplax (Lioplax cyclostomaformis), flat 334, 336. SUPPLEMENTARY INFORMATION: Since this amendment relates to departmental pebblesnail (Lepyrium showalteri), and § 73.202 [Amended] organization, procedure and practice, plicate rocksnail (Leptoxis plicata) to be 2. Section 73.202(b), the Table of FM notice and comment on it are endangered species; and the painted Allotments under Washington, is unnecessary under 5 U.S.C. 553(b). rocksnail (Leptoxis taeniata), round amended by adding Chehalis, Channel Further, since the amendment expedites rocksnail (Leptoxis ampla), and lacy 282A. the Federal Railroad Administration's elimia (Elimia crenatella) to be threatened species under the authority Federal Communications Commission. ability to meet the statutory deadlines of the Magnetic Levitation Transportation of the Endangered Species Act of 1973, John A. Karousos, Technology Deployment Program, the as amended (Act). These aquatic snails Chief, Allocations Branch, Policy and Rules Secretary finds good cause under 5 are found in localized portions of the Division, Mass Media Bureau. U.S.C. 553(d)(3) for the final rule to be Black Warrior, Cahaba, Alabama, and [FR Doc. 98±28777 Filed 10±27±98; 8:45 am] effective on the date of publication in Coosa rivers or their tributaries in BILLING CODE 6712±01±P the Federal Register. central Alabama. Impoundment and water quality degradation have List of Subjects in 49 CFR Part 1 eliminated the six snails from 90 DEPARTMENT OF TRANSPORTATION Authority delegations (Government percent or more of their historic habitat. agencies), Organization and functions Surviving populations are currently Office of the Secretary (Government agencies). threatened by pollutants such as sediments and nutrients that wash into 49 CFR Part 1 In consideration of the foregoing, part 1 of title 49, Code of Federal streams from the land surface. This [OST Docket No. 1; Amdt. 1±295] Regulations, is amended, effective upon action implements the protection of the publication, to read as follows: Act for these six snail species. Organization and Delegation of Powers DATES: This rule is effective November and Duties; Delegation to the Federal PART 1Ð[AMENDED] 27, 1998. Railroad Administrator 1. The authority citation for part 1 ADDRESSES: The complete file for this AGENCY: Office of the Secretary, DOT. continues to read as follows: rule is available for inspection, by Federal Register / Vol. 63, No. 208 / Wednesday, October 28, 1998 / Rules and Regulations 57611 appointment, during normal business as to other Pleuroceridae, are poorly previous or subsequent records outside hours at the Jackson Field Office, U.S. understood. In order to better document of the Alabama-Coosa system, and Fish and Wildlife Service, 6578 taxonomic relationships among these searches of the Tensas River in Dogwood View Parkway, Jackson, snails, a genetic study was conducted Louisiana by Service biologists (1995) Mississippi 39213. during the status review of a select and others (Vidrine 1996) have found no FOR FURTHER INFORMATION CONTACT: Mr. group of the Basin's Pleuroceridae evidence of the species or its typical Paul Hartfield (see ADDRESSES section), (Lydeard et al. 1997). The four snails habitat. 601/965±4900, extension 25. within this family considered herein The cylindrical lioplax is currently (lacy elimia, round rocksnail, plicate known only from approximately 24 SUPPLEMENTARY INFORMATION: rocksnail, and painted rocksnail) were kilometers (km) (15 miles (mi)) of the Background included in the genetic study. This Cahaba River above the Fall Line in The Mobile River Basin (Basin) study supported their current taxonomic Shelby and Bibb counties, Alabama historically supported the greatest status (Lydeard et al. 1997). (Bogan and Pierson 1993b). Survey diversity of freshwater snail species in The cylindrical lioplax (Lioplax efforts by Davis (1974) failed to locate cyclostomaformis (Lea 1841)) is a gill- this snail in the Coosa or Alabama the world (Bogan et al. 1995), including breathing snail in the family rivers, and more recent survey efforts six genera and over 100 species that Viviparidae. The shell is elongate, have also failed to relocate the species were endemic to the Basin. During the reaching about 28 millimeters (mm) (1.1 at historic localities in the Alabama, past few decades, publications in the inches (in)) in length. Shell color is light Black Warrior, Little Cahaba, and Coosa scientific literature have primarily dealt to dark olivaceous-green externally, and rivers and their tributaries (Bogan and with the apparent decimation of this bluish inside of the aperture (shell Pierson 1993a, 1993b; M. Pierson in litt. fauna following the construction of opening). The cylindrical lioplax is 1993, 1994; Service Field Records 1991, dams within the Basin and the distinguished from other viviparid (eggs 1992, 1993). inundation of extensive shoal (a shallow hatch internally and the young are born The flat pebblesnail (Lepyrium place in a body of water) habitats by as juveniles) snails in the Basin by the showalteri (Lea 1861)) is a small snail in impounded waters (Goodrich 1944, number of whorls, and differences in the family Hydrobiidae; however, the Athearn 1970, Heard 1970, Stein 1976, size, sculpture, microsculpture, and species has a large and distinct shell, Palmer 1986, Garner 1990). spire angle. No other species of lioplax relative to other hydrobiid species. This In 1990, the Service initiated a status snails are known to occur in the Mobile snail's shell is also distinguished by its review of the endemic freshwater snails Basin (see Clench and Turner 1955 for depressed spire and expanded, flattened of the Basin. An extensive literature a more detailed description). body whorl. The shells are ovate in survey identified sources of information Habitat for the cylindrical lioplax is outline, flattened, and grow to 3.5 to 4.4 on taxonomy, distribution, ecology, and unusual for the genus, as well as for mm (0.1±0.2 in) high and 4 to 5 mm (0.2 status of the fauna and was used to other genera of viviparid snails. It lives in) wide. The umbilical area is assemble a checklist of the Basin's in mud under large rocks in rapid imperforate (no opening), and there are snails and their distributions (Bogan currents over stream and river shoals.