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his/her sole discretion shall determine certification that the grantee or three business day comment period or at the need for an Emergency Relief subgrantee made good faith efforts to a later scheduled public hearing. Docket. contact, by whatever means available, Issued in Washington, DC, this 2nd day of (c) All petitions for relief must be private charter or school bus operators August 2006. posted in the docket in order to receive to determine whether those entities are Sandra K. Bushue, consideration by FTA. willing to provide the service. FTA Deputy Administrator. (1) The docket is publicly accessible Documentation should include the [FR Doc. 06–6771 Filed 8–7–06; 8:45 am] and can be accessed 24 hours a day, name and address of the private charter seven days a week, via the Internet at operator(s), the date the requestor (e.g., BILLING CODE 4910–57–M the docket facility’s Web site at http:// the transit agency) contacted the dms.dot.gov. Petitions may also be operator(s), and what response the submitted by U.S. mail or by hand requestor received. In addition, the DEPARTMENT OF THE INTERIOR delivery to the DOT Docket grantee or subgrantee must certify that Fish and Wildlife Service Management Facility, Room PL–401 it contacted the American Bus (Plaza Level), 400 7th Street, SW., Association (e-mail: [email protected], 50 CFR Part 17 Washington, DC 20590. phone: (202) 842–1645); the United (2) In the event a person needs to Motor Coach Association (e-mail: Endangered and Threatened Wildlife request immediate relief and does not [email protected], phone: (800) 424–8262); and Plants; 90-Day Finding on a have access to electronic means to and the National School Transportation Petition To List the Casey’s June request that relief, the person may Association (e-mail: Beetle (Dinacoma caseyi) as contact any FTA regional office and [email protected], phone: (800) Endangered request that the FTA regional office 222Z–NSTA). submit the petition on their behalf. AGENCY: Fish and Wildlife Service, (3) Any person submitting petitions § 601.44 Processing of petitions. Interior. for relief or comments to the docket A petition for relief will be ACTION: Notice of 90-day petition must include the agency name (Federal conditionally granted for a period of finding and initiation of status review. Transit Administration) and docket three (3) business days from the date it number, which will be assigned at the is submitted to the Emergency Relief SUMMARY: We, the U.S. Fish and time the docket is established. Persons Docket. FTA will review the petition Wildlife Service (Service), announce a making submissions by mail or hand after the expiration of the three business 90-day finding on a petition to list the delivery should submit two copies. days and review any comments Casey’s June beetle (Dinacoma caseyi) (4) Note that all petitions for relief submitted thereto. FTA will then post a as endangered under the Endangered and comments received will be posted, decision to the Emergency Relief Docket Species Act of 1973, as amended (Act). without change, to http://dms.dot.gov FTA’s decision will be based on We find the petition presents substantial including any personal information whether the petition meets the criteria scientific information indicating that provided and will be available to for use of these emergency procedures, listing the Casey’s June beetle as Internet users. the substance of the request, and the endangered may be warranted. (5) All documents in this docket are comments submitted regarding the Therefore, with the publication of this available for inspection and copying on petition. notice, we are initiating a status review, the web site or are available for and we will issue a 12-month finding on examination at the DOT Docket § 601.45 Request for hearing on petition for relief. the petition to list the Casey’s June Management Facility during regular beetle announcing our determination of business hours (9 a.m. to 5 p.m. eastern Parties interested in having a public whether listing the species as time). hearing on any petition must notify FTA endangered is warranted. To ensure that within three business days of the the status review is comprehensive, we § 601.43 Required Information. posting of the petition for relief in the are soliciting scientific and commercial A petition for relief under this section Emergency Relief Docket. Upon information regarding this species. must: receiving such a request, FTA will DATES: (a) Identify the grantee or subgrantee immediately arrange for a telephone The finding announced in this and its geographic location; conference to occur between all document was made on August 8, 2006. (b) Specifically address how the interested parties as soon as practicable. To be considered in the 12-month petition for exemption from FTA policy FTA may grant a petition for relief prior finding for this petition, comments and statements, circulars, guidance to conducting a public hearing if such information must be submitted to the documents and/or rules is related to the action is in the public interest or in Service by October 10, 2006. emergency relief efforts, or how the situations where a hearing request is ADDRESSES: If you wish to comment, grantee or subgrantee is negatively received after the three business days you may submit new information, impacted by the emergency or disaster; has expired. In such an instance, FTA materials, comments, or questions (c) Identify the policy statement, will immediately notify the party concerning this species by any one of circular, guidance document and/or rule requesting the public hearing and will the following methods: from which the petitioner seeks relief; arrange to conduct such hearing as soon 1. You may submit comments and (d) Specify if the petition for relief is as practicable. information to the Field Supervisor, one-time or ongoing, and if ongoing Carlsbad Fish and Wildlife Office, U.S. identify the time period for which the § 601.46 Review Procedures. Fish and Wildlife Service, 6010 Hidden relief is in effect. The time period may FTA reserves the right to reopen any Valley Road, Carlsbad, California 92011. not exceed three months, however, docket and reconsider any decision 2. You may hand-deliver written additional time may be requested made pursuant to these emergency comments and information to the above through a second petition for relief; and procedures based upon its own address. (e) If relief is sought from charter initiative or based upon information or 3. You may fax your comments to service requirements, include a comments received subsequent to the 760–431–9624.

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4. You may go to the Federal (B) Information of the effects of appointment, during normal business eRulemaking Portal: http:// potential threat factors, including hours at the Carlsbad Fish and Wildlife www.regulations.gov. Follow the artificial lighting, pesticides, lighted Office (see ADDRESSES). instructions for submitting comments. swimming pools, development, and Background 5. You may e-mail your comments to changes in the distribution and [email protected]. Please abundance of the Casey’s June beetle Section 4(b)(3)(A) of the Act requires see the ‘‘Public Comments Solicited’’ over the short and long term; and us to make a finding on whether a section below for file format and other (C) Information on management petition to list, delist, or reclassify a information about electronic filing. programs for Casey’s June beetle species presents substantial scientific or commercial information to indicate that See the ‘‘Public Comments Solicited’’ conservation, including mitigation the petitioned action may be warranted. section below for more information on measures related to development, and We are to base the finding on submitting comments. The complete file any private, Tribal, or governmental information provided in the petition for this finding is available for public conservation programs that benefit the and supporting information available in inspection, by appointment, during Casey’s June beetle. If we determine that listing the our files at the time we make a normal business hours at the above Casey’s June beetle is warranted, it is determination. To the maximum extent address. our intent to propose critical habitat to practicable, we are to make a finding FOR FURTHER INFORMATION CONTACT: Jim the maximum extent prudent and within 90 days of our receipt of the Bartel, Field Supervisor, Carlsbad Fish determinable at the time we would petition and to publish a notice of the and Wildlife Office (see ADDRESSES); propose to list the species. Therefore, finding promptly in the Federal 760–431–9440. we also request data and information on Register. what may constitute physical or Our standard for substantial SUPPLEMENTARY INFORMATION: biological features essential to the information within the Code of Federal Public Comments Solicited conservation of the species, where these Regulations (CFR) with regard to a 90- features are currently found, whether day petition finding is ‘‘that amount of When we make a finding that a any of these features may require special information that would lead a petition presents substantial management considerations or reasonable person to believe that the information to indicate that listing a protection, and whether there are areas measure proposed in the petition may species may be warranted, we are not containing these features which be warranted’’ (50 CFR 424.14(b)). If we required to promptly commence a might of themselves be essential to the find that substantial information is review of the status of the species. conservation of the species. Please presented, we are required to promptly Based on results of the status review, we provide specific comments as to what, commence a review of the status of the make a 12-month finding as required by if any, critical habitat should be species. section 4(b)(3)(B) of the Act (16 U.S.C. proposed for designation if the species In making this finding, we relied on 1531 et. seq.). To ensure that the status is proposed for listing, and why that information provided by the petitioners review of Casey’s June beetle is proposed habitat meets the and information available in our files at complete and based on the best requirements of the Act. the time we reviewed the petition, and available scientific and commercial We will base our 12-month finding on we evaluated that information in data, we are soliciting information on a review of the best available scientific accordance with 50 CFR 424.14(b). Our the species. We request any additional and commercial information, including process for making a 90-day finding data, comments, and suggestions from all information received during the under section 4(b)(3)(A) of the Act and the public, other concerned public comment period. section 424.14(b) of our regulations is governmental agencies, Native If you wish to comment, you may limited to a determination of whether American Tribes, the scientific submit your comments and materials the information contained in the community, industry, or any other concerning this proposal by any one of petition meets the ‘‘substantial interested parties concerning the status several methods (see ADDRESSES information’’ threshold. of the Casey’s June beetle. Of particular section). Electronic comments may be On May 12, 2004, we received a interest is information pertaining to the submitted to petition, dated May 11, 2004, from factors the Service uses to determine if [email protected] in ASCII David H. Wright, Ph.D.; the Center for a species is threatened or endangered: file format and avoid the use of special Biological Diversity; and the Sierra Club (1) Present or threatened destruction, characters or any form of encryption. requesting the emergency listing of the modification, or curtailment of its Please include ‘‘Attn: Casey’s June Casey’s June beetle (Dinacoma caseyi) habitat or range; (2) overutilization for beetle’’ in your e-mail subject header as endangered in accordance with commercial, recreational, scientific, or and your name and return address in section 4 of the Act. On October 4, 2005, educational purposes; (3) disease or the body of your message. If you do not the Center for Biological Diversity filed predation; (4) inadequacy of existing receive a confirmation from the system a complaint against us in the U.S. regulatory mechanisms; and (5) other that we have received your electronic District Court for the Central District of natural or human-caused factors message, contact the Carlsbad Fish and California (Case No. ED CV–05–00922– affecting its continued existence. In Wildlife Office directly at 760–431– SGL) challenging our failure to make the addition, we request data and 9440. required 90-day and, if appropriate, 12- information regarding the status of the Our practice is to make comments, month findings on their petition to Casey’s June beetle throughout its range, including names and home addresses of emergency list Casey’s June beetle as including: respondents, available for public review endangered under the Act. We looked at (A) Information on taxonomy, during regular business hours. We will the immediacy of possible threats to the distribution (including positive or not consider anonymous comments, and species to determine if emergency negative survey and collection data), we will make all comments available for listing may be warranted. Our initial habitat selection, food habits, public inspection in their entirety. review of the petition did not indicate population density and trends, and Comments and materials received will that an emergency situation exists. We habitat trends; be available for public inspection, by reached a settlement agreement with the

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plaintiffs on March 28, 2006, in which during the adult flight season (Frank soils in the Palm Canyon Wash area we agreed to submit to the Federal Hovore and Associates 1995; LaRue (Anderson and Love 2006). Its Register a completed 90-day finding by 2004). What Casey’s June beetle larvae burrowing habit would suggest the July 27, 2006, and to complete and feed on while underground is unknown, species needs soils that are not too submit to the Federal Register, if but other species of June beetle are rocky or compacted to complete applicable, a 12-month finding by June known to eat ‘‘plant roots or plant portions of its lifecycle. La Rue (2006) 30, 2007. This notice constitutes the 90- detritus and associated decay states that all Dinacoma populations are day finding on the May 12, 2004, organisms’’ (LaRue 2004). La Rue (2006) ecologically associated with alluvial petition. stated, ‘‘[Casey’s June beetle] exhibits no sediments. Alluvial sediments occurring specific host preferences, and larvae in or contiguous with subcoastal scrub, Previous Federal Actions likely consume any available organic submontane chaparral, and desert dry Casey’s June beetle was not resources—including stratified washes (ephemeral watercourses) are previously determined to be a candidate detritus—encountered within the indicative of the marginata complex; species nor does it currently have alluvial habitat.’’ Although specific host bases of desert alluvial fans, and the Federal regulatory status. plant associations for Casey’s June broad, gently sloping, depositional beetle are not known, visual surveys of surfaces formed at the base of mountain Species Information the species using non-confining, light- ranges in a dry region by the coalescing Description and Taxonomy collecting methods have detected of individual alluvial fans (bajada) are Casey’s June beetle belongs to the females near emergence burrows in the indicative of the caseyi complex (La Rue scarab family (Scarabidae). The genus vicinity (within 1 meter) of Hymenoclea 2006). salsola (cheesebush) (Frank Hovore and Dinacoma includes two described Range and Distribution species, D. caseyi and D. marginata Associates 1995). Recently, entomologists have found Early collection records identify (Blaisdell 1930). Delbert La Rue, a two new species or subspecies of ‘‘Palm Desert,’’ ‘‘Indian Wells,’’ and researcher experienced with the genus Dinacoma, collected respectively from ‘‘Palm Canyon,’’ all in Riverside County, Dinacoma and a taxonomic expert near the city of Hemet, California, and California, as locations where the stated, ‘‘Dinacoma caseyi is a distinct in the northwest portion of Joshua Tree Casey’s June beetle occurred; however, species morphologically and comprises National Park at Covington Flats (La Rue these early records lack specific locality its own species group—the caseyi 2006). The specimens collected from information (Duff 1990). The species has complex—the other [species group] Hemet are paler than Casey’s June beetle been most commonly collected at the being the marginata complex which specimens and possess morphologically ‘‘Bogert Trail’’ and Smoke Tree Ranch includes the bulk/remainder of the different genitalia (Anderson 2006). To localities adjacent to Palm Canyon genus’’ (La Rue 2006). The Casey’s June date, these specimens of Dinacoma have Wash, which are commonly used as beetle was first collected in 1916 and not been formally described in the reference sites when collecting at other later described by Blaisdell (1930) based scientific literature, but expert locations (Hovore 1997; Cornett 2000; on male specimens. This species evaluation places them in the other Cornett 2003; Cornett 2004). Hovore measures 0.55 to 0.71 inches (in) (1.4 to Dinacoma species group (marginata (1995) stated the Casey’s June beetle was 1.8 centimeters (cm)) long, with dusty complex) (La Rue 2006). La Rue (2006) collected by University of California- brown or whitish coloring, and brown states, ‘‘* * * from my research, Long Beach students ‘‘within the past 20 and cream longitudinal stripes on the Dinacoma caseyi is the most divergent years’’ in Dead Indian Canyon (near elytra (wing covers and back). and distinct species in the genus * * * Indian Wells); however, Hovore (2006b) Little is conclusively known about the the Little San Bernardino Mountains subsequently explained the reliability of Casey’s June beetle and its life history. geographically isolate [the Joshua Tree this information is questionable and Based on surveys conducted to assess population] from all other known incomplete due to incomplete specimen the species’ presence, both male and [Dinacoma] species.’’ label information. The historical range female Casey’s June beetles emerge from of the Casey’s June beetle cannot be underground burrows sometime Habitat determined with any certainty given the between late March through early June, The Casey’s June beetle is most lack of specific locality information for with abundance peaks generally commonly associated with Carsitas some of the collection records and the occurring in April and May (Duff 1990; series soil (CdC), described by the absence of rangewide survey data. Frank Barrows 1998). During the active flight United States Department of Hovore and Associates (1995) describe season, males emerge from the ground Agriculture’s Soil Conservation Service the possible extent of the species’ and begin flying near dusk (Hovore (1980) as gravelly sand on 0 to 9 percent historical range as ‘‘somewhere around 1997). Males are reported to fly back slopes. This soil series is associated Chino Canyon floodplain (or at most and forth or crawl on the ground where with alluvial fans, rather than areas of northwest to the Snow Creek drainage), a female beetle has been detected (Duff aeolian or windblown sand deposits. south to around Indian Wells.’’ Within 1990). Cornett (2003) theorized that after The Casey’s June beetle also occurs in these general geographic areas, the emergence, females remain on the a portion of Palm Canyon Wash on soils species is assumed to have occurred on ground and release pheromones to characterized as ‘‘fine sands and alluvial the alluvial fan bases flowing from the attract flying males. After mating, soils without crypto-biotic crusts’’ Santa Rosa Mountains, at or near the females return to their burrows or dig a (McGill 2003). According to Hovore level contour line, where finer silts and new burrow and deposit eggs. (2003), these soils ‘‘show light braiding sand are deposited. However, this Excavations of adult emergence burrows and some organic deposition, but purported range is ‘‘based on inference revealed pupal exuviae (casings) at generally do not receive scouring and fragmentary data’’ (Frank Hovore depths ranging from approximately 4 to surface flows.’’ Although the Casey’s and Associates 1995). 6 in (10 to 16 cm) (Frank Hovore and June beetle has primarily been found on Given the lack of collection records, Associates 1995). The larval cycle for CdC soils, it is also apparently efforts have been made to ascertain the the species is likely 1 year, based on the associated with Riverwash (RA) and, presence of the Casey’s June beetle in its absence of larvae (grubs) in burrows possibly, Carsitas cobbly sand (ChC) purported historical range. Barrows and

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Fisher (2000) conducted trapping on South Palm Canyon Drive, and south of species may be threatened or two separate evenings in Dead Indian State Route 111, west of Palm Canyon endangered. Our evaluation of these Canyon in Palm Desert, but the species Wash (Cornett 2004) and includes threats, based on information provided was not detected. The University of portions of the Agua Caliente Tribal in the petition and readily available in California—Riverside conducted more Reservation. Cornett (2004) estimated our files, is presented below. the area occupied by Casey’s June beetle than 10 years of year-round surveys for A. Present or Threatened Destruction, to cover approximately 800 acres (ac) a variety of species, including Casey’s Modification, or Curtailment of the (324 hectares (ha)). Non-historic (1990s June beetle, at the Boyd Deep Canyon Species’ Habitat or Range Preserve in Palm Desert, California, or later) collection locations of Casey’s southeast of Palm Springs (also near June beetle include sites near South The petitioners claimed that the Indian Wells, and including portions of Palm Canyon Drive, Bogert Trail, Smoke Casey’s June beetle is threatened by the Dead Indian Canyon). No Casey’s June Tree Ranch, and portions of Palm cumulative loss and degradation of beetles were found during any of the Canyon Wash (Hovore 2003; McGill habitat from development. The surveys (Anderson 2006). A single night 2003; Powell 2003; Cornett 2004). petitioners stated that, within ‘‘the survey conducted in 2003 (Powell) near However, not all the currently known south Palm Springs, California area,’’ Snow Creek, northwest of Palm Springs, range is occupied. For example, the approximately 600 ac (243 ha) of failed to find the species, although the species does not occur in residential potential CdC soils in nine remnant beetle was confirmed to be active at areas where soils have been graded and fragments ‘‘in the Palm Springs Smoke Tree Ranch in Palm Springs. covered with structures, nor is it found topographic quadrangle south of San La Rue (2006) has collected and in areas with ornamental landscaping, Rafael Drive’’ remained undeveloped worked extensively with Dinacoma spp. such as lawns and other landscaping when the petition was submitted in in southern California since the 1980s, (Cornett 2004). 2004, and this area was decreasing due and has not collected Casey’s June The above studies present compelling to continued urban development. The beetle outside of its current known evidence for a localized distribution of petitioners claimed that loss of habitat range in the City of Palm Springs. La Casey’s June beetle in the southern Palm threatens the continued existence of two Rue (2006) states: Springs area. The localized distribution populations of the Casey’s June beetle. of Casey’s June beetle described by Petitioners stated that approximately ‘‘Many collectors, researchers, ecologists, Cornett (2004) is typical for species of 600 ac (243 ha) of potential CdC soils in and others * * * have surveyed for D. caseyi June beetles (superfamily nine remnant fragments in the south throughout the Coachella Valley for years Palm Springs area remained without finding additional populations other Scarabaeoidea) with flightlessness in than those still extant in and around Palm one or both sexes (Hovore 2006a). undeveloped. To evaluate the Springs. There are several factors that Experts agree with La Rue’s (2006) information provided in the petition contribute to this isolation, a few being: (1) hypothesis that the Palm Springs area about the range of Casey’s June beetle in topographically, the Palm Springs area is east of Mount San Jacinto has a number Palm Springs, we used data already in protected from high wind events (dessication of unique environmental characteristics, our geographic information system (GIS) [sic] of necessary substrate) [by] the such as slightly higher precipitation and to overlay 2003 soil data (CdC and RA precipitous San Jacinto Mtns; (2) the area lighter winds, which are significant, soil series) obtained from the U.S. where D. caseyi occurs in the Palm Springs positive factors contributing to the Department of Agriculture (USDA)’s area receives a higher amount of annual presence of the Casey’s June beetle. Natural Resources Conservation Service, precipitation because of its proximity to the 2006 aerial photography from the base of the San Jacinto/Santa Rosa Mtns. Threats Analysis Orographic lift will deplete most moisture USDA’s Farm Service Agency Aerial from winter storms originating from the Section 4 of the Act and its Photography Field Office, and species Pacific, what little remains falls in the Palm implementing regulations (50 CFR part survey and distribution data from Springs area and rarely further into the 424) set forth procedures for adding Powell (2003) (cited in the petition) and Coachella Valley. Summer monsoonal species to the Federal Lists of Cornett (2004) (available to us shortly patterns are insignificant. (3) As mentioned Endangered and Threatened Wildlife after we received the petition). above, Dinacoma are restricted to alluvial and Plants. A species may be Information provided by the sediments. Re: D. caseyi; these conditions determined to be endangered or petitioners (Barrows and Fisher 2000; only occur at the base of steep narrow threatened due to one or more of the Noss et al. 2001; Hovore 2003; McGill canyons of the San Jacinto/Santa Rosa Mtns.’’ following five factors as described in 2003; Powell 2003; La Rue 2006) is Cornett (2004) sampled more than 60 section 4(a)(1) of the Act: (A) Present or corroborated by information in our files locations in Palm Springs to determine threatened destruction, modification, or (Hovore 2003; Cornett 2004), and GIS the current range of Casey’s June beetle. curtailment of habitat or range; (B) information available at the time of Light traps were used to attract flying overutilization for commercial, petition review (2003 soil data and 2006 males and placed in relatively recreational, scientific, or educational aerial photography). Thus, we believe undisturbed flatlands likely to have purposes; (C) disease or predation; (D) petitioners have provided substantial supported Casey’s June beetle. Traps inadequacy of existing regulatory scientific information that only one were opened by 6:30 p.m. and remained mechanisms; or (E) other natural or population of the Casey’s June beetle open until at least 10 p.m. on 26 nights, manmade factors affecting its continued exists and is limited to the southern for a total of 756 trap-hours. Eight traps existence. In making this 90-day portion of the City of Palm Springs, were opened each evening, and each finding, we evaluated the petition and California. Although the petition states trapping station was used at least two its supporting information to determine there are two populations, no times. To gauge trapping success, at whether substantial scientific or population distribution mapping or least one trap was opened at Smoke commercial information was presented population dynamics studies have been Tree Ranch each trapping session. Based that indicated that listing the Casey’s conducted. Because all known occupied on the survey results, Cornett (2004) June beetle may be warranted. The Act habitat is connected by Palm Canyon concluded that Casey’s June beetle is identifies the five factors to be Wash, we consider all occupied areas to restricted to an area of southern Palm considered, either singly or in be within a single population Springs north of Acanto Way, east of combination, to determine whether a distribution. That the majority of the

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CdC soils tend to occur along the base approximately 707 ac (286 ha) as C. Disease or Predation of the mountains in ‘‘areas most opposed to the approximately 800 ac The petitioners stated that they are extensively used for agriculture and (324 ha) estimated by Cornett (2004). To unaware of impacts from disease or urban development, so that very little this we add another 51 ac (21 ha) of predation on Casey’s June beetle. We are potential habitat may still exist’’ north Palm Canyon Wash between East not aware of any information regarding (Coachella Valley Association of Palm Canyon Drive and South Gene the threats of disease or predation to the Governments 2001) supports the Autry Trail based on collection of more Casey’s June beetle. possibility of a larger historical than 70 individuals by Powell (2003), distribution. However, we examined resulting in an approximately 758–ac D. Inadequacy of Existing Regulatory 2006 aerial photography overlaying (307–ha) range for Casey’s June beetle in Mechanisms potentially suitable soils from Palm the Palm Springs area. While this The petitioners maintained that Springs to Indian Wells and determined estimated current range of 758 ac (307 Casey’s June beetle occurs primarily on that the majority of these soils have ha) is greater than the 600 ac (243 ha) private lands and, to an unknown been developed. In Palm Springs, the of potential CdC soils presented in the extent, occurs on a portion of the Agua bulk of remaining undeveloped CdC petition, past development likely greatly Caliente Tribal Reservation. They also soils are north of the city center, an area reduced the habitat for Casey’s June asserted that regulatory mechanisms lacking in records of the species beetle in Palm Springs. As stated in the currently available do not protect the (Cornett 2004). petition, historical records of the Casey’s June beetle. According to the Within southern Palm Springs, the Casey’s June beetle from elsewhere in petitioners, some protection for Casey’s petitioners cited at least five projects Palm Springs and nearby communities June beetle can potentially be provided that had been formally proposed that are from areas that have been under the California Environmental would remove additional occupied thoroughly developed or otherwise Quality Act (CEQA); however, the habitat in Palm Springs: (1) The 30–ac altered and no longer have the petition cited six projects that (12–ha) Monte Sereno project north of appropriate habitat (Noss et al. 2001). considered the species under CEQA (but Bogart Trail; (2) the 34–ac (14–ha) El Also, according to 2006 aerial proceeded with impacts) and another Portal project east of South Palm Drive; photography, it appears that (3) the 10–ac (4–ha) Canyon Ranch list of 12 projects in the City of Palm construction has been at least initiated Springs that impacted potentially project west of South Palm Canyon for some of the proposed or pending Drive; (4) a 3–ac (1.2–ha) condominium suitable soils for the species that may development projects listed in the not have considered the species in their project at Baristo; and (5) the 1.5– to 2– petition (such as the 30–ac Monte ac (0.6– to 0.81–ha) Desert Water respective environmental reviews. Sereno project) and that other CEQA requires public agencies to Agency wells and pipeline project in the development projects may have been Smoke Tree Ranch development. The disclose environmental impacts of a initiated within Palm Springs since the project on native species and natural petition states that these five projects 2004 petition was submitted. would remove over 11 percent of the communities during the land use remaining 600 ac of habitat. While these Based on information provided in the planning process and to identify five projects were considered the most petition, it appears that pending or mitigation measures and project imminent projects, the petition also lists proposed development projects could alternatives. This allows public several properties that were being result in the destruction or modification comments to influence the planning actively advertised for lease and of approximately 147 ac (59 ha) of process. The petition cites an example development and other projects in Casey’s June beetle habitat in Palm of the inadequacy of CEQA as a various stages of development south of Springs. This constitutes about 19 regulatory mechanism to provide for San Rafael Drive: (1) 18 ac (7 ha) on percent of the remaining 758 ac (307 conservation of the Casey’s June beetle. Smoke Tree Ranch actively advertised ha), based on our determination of the The Monte Sereno project impacted for lease and development; (2) a roughly species’ current range. Since it appears approximately 30 ac (12 ha) of occupied 25–ac (10–ha) project north of Acanto that past development has removed habitat. Impacts to the Casey’s June Drive and west of Palm Canyon Wash; most of the historical Casey’s June beetle were expected to be mitigated by (3) a 0.3–ac (0.1–ha) communications beetle habitat, resulting in a range payment of $600 per acre (total of site at Smoke Tree Ranch; and (4) a 25– restricted to the southern Palm Springs $24,780) to the City of Palm Springs or ac (10–ha) ‘‘Casitas’’ development at area, and future development projects a habitat conservation entity designated Smoke Tree Ranch. These projects, if threaten to continue removing Casey’s by the city for 41.3 ac (16.7 ha) of approved and implemented, could June beetle habitat, we find that the ‘‘potential’’ Casey’s June beetle habitat result in the additional removal or petition, supporting information, and (Dudek and Associates 2001). No modification of approximately 68–ac information readily available to the specific use of the funds for mitigation (27.5–ha) of Casey’s June beetle habitat Service presents substantial information was specified (Dudek and Associates south of San Rafael Drive. The petition indicating that listing Casey’s June 2001). also lists a 3–ac (1–ha) South Ridge beetle may be warranted. The petitioners claimed that, while development on Tribal lands is subject Cove project and a 306–ac (124–ha) B. Overutilization for Commercial, to the National Environmental Policy ‘‘McComic’’ project proposed in CdC Recreational, Scientific, or Educational Act (NEPA)(42 U.S.C. 4321–4347), soils south of Whitewater Wash. Purposes However, it appears that these proposed potential impacts to Casey’s June beetle development projects south of The petitioners stated that they do not may not always be considered during Whitewater Wash are north of Palm have information on trade of the the NEPA process. The petitioners cited Springs, outside of the current known species, citing the difficulty of tracking two instances of projects on Tribal lands range of the Casey’s June beetle as these activities. We are not aware of any that did not review impacts to the identified by Cornett (2004). information regarding the Casey’s June beetle. In a 2004 Based on our GIS mapping of overutilization of Casey’s June beetle for Environmental Assessment (EA) for a Cornett’s (2004) distribution map, the commercial, recreational, scientific, or brush clearing project on the Agua estimated Casey’s June beetle range is educational purposes. Caliente Tribal Reservation, CdC soils

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were confirmed in a portion of the E. Other Natural or Manmade Factors around areas of repeated female proposed project site. These soils were Affecting the Species’ Continued emergence.’’ This would, in Hovore’s described in the EA as being compacted, Existence (2003) assessment, make the species and it was stated that the distance from The petitioners asserted male Casey’s susceptible to extirpation by land use this area to known locations of the June beetles are readily attracted to changes that would remove or alter Casey’s June beetle, coupled with the artificial lights (Frank Hovore and surface features. In their report on the amount of nonnative vegetation onsite, Associates 1995; Hovore 1997), and draft Coachella Valley MSHCP, Noss et made it unlikely for the species to occur such lights pose a significant threat to al. (2001) also expressed concern about on the project site (Agua Caliente Band the species. They further stated that the species’ ability to adjust its range in of Cahuilla Indians (Tribe 2004). lighted swimming pools attract males response to environmental changes. The petitioners asserted that having and cause substantial mortality Although the Tribe indicated that the only two population locations and (Barrows and Fisher 2000; Cornett two projects were not likely to impact restricted habitat makes Casey’s June 2000). The extent that artificial lights Casey’s June beetle habitat, we have no beetle susceptible to extinction or and lighted swimming pools pose a information indicating whether surveys extirpation from all or a significant were conducted for the species within threat to the Casey’s June beetle is portion of its range due to chance events the project’s footprint. speculative. Hovore (2003) noted the such as fire, flood, drought, or disease presence of the Casey’s June beetle on (Shaffer 1981, 1987; Primack 1998). The Although Casey’s June beetle was a portion of Smoke Tree Ranch with initially considered for coverage under petitioners noted that Palm Canyon limited natural open space adjacent to Wash is likely ephemeral habitat for the the Coachella Valley Multiple Species ‘‘numerous attractive light sources.’’ He Habitat Conservation Plan (MSHCP), the Casey’s June beetle and that periodic concluded that while males would flooding of the wash would eliminate April 2006 release of the final MSHCP, likely be attracted to these light sources final EIR, and final implementing the species from this site. Between 1978 during the flight season, such losses of and 2001, streamflows in Palm Canyon agreement did not include Casey’s June straying males would not put the overall Wash exceeded 1,000 cubic feet (28 beetle as a covered species. Given the population at risk because males cubic meters) per second on four non-inclusion of Casey’s June beetle in typically outnumber females and males occasions (U.S. Geological Survey the final Coachella Valley MSHCP and are likely to complete multiple matings. 2003). Streamflows of high magnitude draft Agua Caliente Tribal HCP, the While drowning in swimming pools or could temporarily eliminate the species Service has been working with Smoke flying into lights causes mortality, we from portions of the wash (Hovore 2003; Tree Ranch to develop a Candidate have no substantial information that Cornett 2004). Furthermore, the Conservation Agreement with would lead us to conclude that these petitioners assert that recolonization of Assurances (CCAA) addressing species’ factors singularly pose a significant the wash would most likely be conservation. As indicated in reports threat to the species. accomplished by species from the extant (Hovore 2003; Cornett 2004), Smoke In addition, the petitioners claimed habitat on upland terraces, making the Tree Ranch supports a substantial the species may be killed or injured by upland habitat areas essential for the portion of known occupied Casey’s June vehicles in the springtime at dusk. species’ long-term survival (Wright beetle habitat, including a portion of the However, the petitioners provide no 2003). It is also possible that periodic data regarding the possible number of property currently identified in Smoke flooding in Palm Canyon Wash could beetles killed by vehicles. Additionally, Tree Ranch Codes, Covenants, and have a positive impact by depositing the petitioners asserted that Casey’s Restrictions as ‘‘open space.’’ The detritus downstream that could be used June beetle may be particularly sensitive Service expects to continue working by the species as it recolonizes the area to chemicals that interfere with neural following flood events (Wright 2003). cooperatively with Smoke Tree Ranch to or chemosensory functions during the complete and implement a CCAA for However, conclusive information on flight season when males are seeking such habitat use is not available. the Casey’s June beetle. The use of a females. However, the petitioners did While periodic flooding of Palm CCAA can be an effective tool to not provide any citations or Canyon Wash may result in temporary conserve species in the absence of documented evidence for this. We have elimination of that portion of the listing them as threatened or no substantial information that would population, the overall impact of endangered under the Act. However, lead us to conclude that pesticides or periodic flooding on the continued until such time as a CCAA is completed, toxins pose a significant threat to the existence of the species is not known. current regulatory mechanisms likely species. However, given the ephemeral are inadequate to ensure conservation of The petitioners claimed loss and characteristic of habitat in Palm Canyon the species. fragmentation of habitat compromises Wash, the conservation of upland Removal of occupied habitat by the ability of the species to disperse and habitat is likely required to maintain the projects in the Bogert Trail area after establish new, or augment declining, species long term. populations, especially because females The petitioners claimed low numbers submission of the petition in 2004, and have not been observed to fly and males of Casey’s June beetles make it other recent and proposed development alone cannot establish new populations. vulnerable to risks experienced by in potentially occupied habitat, Because female Casey’s June beetle do small, restricted populations, including demonstrates existing regulatory not appear to fly, Frank Hovore and (1) chance demographic effects (such as mechanisms are not sufficient to protect Associates (1995) assumed skewed sex ratios, high death rates, or remaining occupied Casey’s June beetle subpopulations of the species ‘‘tend to low birth rates); (2) the effects of genetic habitat from destruction. We find the be localized.’’ Hovore (2003) indicated drift and inbreeding; and (3) petition and supporting information, as that population movement would be deterioration in environmental quality well as information readily available to ‘‘slow and indirect,’’ and suggested the (such as increased artificial lighting, the Service, present substantial population structure for Casey’s June swimming pools, or wash information indicating that the beetle in any given area is for multiple channelization). No analyses have been petitioned action may be warranted. mini-colonies or ‘‘clusters of individuals undertaken to estimate a minimum

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viable population size for Casey’s June ensure the status review is Therefore, are not initiating a status beetle, nor is there any substantial comprehensive, we are soliciting review in response to this petition. We information concerning the population scientific and commercial information ask the public to submit to us any new dynamics of the species. No information regarding this species. Under the terms information that becomes available was provided in the petition, and we are of a settlement agreement, we are concerning the status of the species or not aware of any information regarding required to make a 12-month finding threats to it. any genetic analyses of the species to determining whether listing the Casey’s DATES: The finding announced in this determine the presence of skewed sex June beetle is warranted on or before document was made on August 8, 2006. ratios or inbreeding. Therefore, we find June 30, 2007. ADDRESSES: The complete file for this the petition, supporting information, The petitioners also requested critical finding is available for public and information readily available to the habitat be designated for this species. inspection, by appointment, during Service does not present substantial We consider the need for critical habitat normal business hours at the Carlsbad information for this factor indicating designation when listing species. If we Fish and Wildlife Office, U.S. Fish and that the petitioned action may be determine in our 12-month finding that Wildlife Service, 6010 Hidden Valley warranted. listing of Casey’s June beetle is Road, Carlsbad, CA 92011. New Finding warranted, we will address the information, materials, comments, or designation of critical habitat in a questions concerning this species may The petition focused on three of the subsequent proposed rule. five listing factors: (A) The Present or be submitted to us at any time at the Threatened Destruction, Modification, References Cited above address. FOR FURTHER INFORMATION CONTACT: Jim or Curtailment of the Species’ Habitat or A complete list of all references cited Bartel, Field Supervisor, Carlsbad Fish Range; (B) the Inadequacy of Existing herein is available, upon request, from and Wildlife Office (see ADDRESSES Regulatory Mechanisms; and (C) Other the Carlsbad Fish and Wildlife Office section above), by telephone at 760– Natural or Manmade Factors Affecting (see ADDRESSES). the Species’ Continued Existence. 431–9440, or by facsimile to 760–431– Specifically, under Factor A, the Author 9624. Persons who use a petition indicates the range of the The primary author of this document telecommunications device for the deaf Casey’s June beetle has been greatly is the staff of the Carlsbad Fish and (TDD) may call the Federal Information reduced and is threatened by habitat Wildlife Office (see ADDRESSES). Relay Service (FIRS) at 800–877–8339, removal from continued urban 24 hours a day, 7 days a week. development. This is corroborated by Authority SUPPLEMENTARY INFORMATION: information in the Service’s files. The The authority for this action is the Background petition also presents information under Endangered Species Act of 1973, as Factor D suggesting that the existing amended (16 U.S.C. 1531 et seq.). Section 4(b)(3)(A) of the Endangered regulatory mechanisms, such as CEQA Species Act of 1973, as amended (Act) Dated: July 28, 2006. and NEPA, are inadequate to protect the (16 U.S.C. 1531 et seq.) requires that we Casey’s June beetle and its habitat. Kenneth Stansell, make a finding on whether a petition to Additionally, while the Casey’s June Acting Director, U.S. Fish and Wildlife list, delist, or reclassify a species beetle was initially a covered species Service. presents substantial information to under the Coachella Valley MSHCP, the [FR Doc. E6–12579 Filed 8–7–06; 8:45 am] indicate that the petitioned action may finalized version of that plan does not BILLING CODE 4310–55–P be warranted. To the maximum extent cover the species. The petition also practicable, this finding is to be made presents information regarding within 90 days of receipt of the petition, additional threats under Factor E, such DEPARTMENT OF THE INTERIOR and the finding is to be published in the as drowning in lighted swimming pools, Fish and Wildlife Service Federal Register. direct mortality by vehicles, and This finding summarizes information reduced genetic exchange due to a included in the petition and information 50 CFR Part 17 reduced population size. We are not available to us at the time of the petition aware, however, of any substantial Endangered and Threatened Wildlife review. A 90-day finding under section information to suggest that any of the and Plants; 90-Day Finding on a 4(b)(3)(A) of the Act and § 424.14(b) of threats described under Factor E would Petition to List the Hermes Copper our regulations is limited to a threaten the existence of the Casey’s Butterfly as Endangered determination of whether the June beetle. information in the petition meets the According to the petition, five AGENCY: Fish and Wildlife Service, ‘‘substantial information’’ threshold. ‘‘imminent’’ projects would destroy over Interior. Substantial information is ‘‘that amount 11 percent of Casey’s June beetle habitat ACTION: Notice of 90-day petition of information that would lead a in Palm Springs. As cited in the finding. reasonable person to believe that the petition, two of the five projects (Monte measure proposed in the petition may Sereno and El Portal) considered SUMMARY: We, the U.S. Fish and be warranted’’ (50 CFR 424.14(b)). imminent had been approved by the Wildlife Service (Service), announce a City Council at the time we received the 90-day finding on a petition to list the Previous Federal Action petition in 2004. Hermes copper butterfly (Hermelycaena The Hermes copper butterfly was After this review and evaluation, we [Lycaena] hermes) as an endangered included as a Category 2 candidate find the petition presents substantial species under the Endangered Species species in our November 21, 1991 (56 scientific or commercial information Act of 1973, as amended. We find the FR 58804), and November 15, 1994 (59 indicating that listing of Casey’s June petition does not present substantial FR 58982), Candidate Notices of Review beetle may be warranted. Therefore, we scientific or commercial information (CNOR). Category 2 included taxa for are initiating a status review to indicating that listing the Hermes which information in the Service’s determine if listing is warranted. To copper butterfly may be warranted. possession indicated that a proposed

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