6240 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: Federal Communications Commission. Background Kathleen Scheuerle, Media Bureau, John A. Karousos, Section 4(b)(3)(A) of the Endangered (202) 418–2180. Assistant Chief, Audio Division, Media Species Act of 1973, as amended (Act) Bureau. SUPPLEMENTARY INFORMATION: This is a (16 U.S.C. 1531 et seq.), requires that the [FR Doc. 04–2833 Filed 2–9–04; 8:45 am] synopsis of the Commission’s Notice of Service make a finding on whether a Proposed Rule Making, MB Docket No. BILLING CODE 6712–01–P petition to list, delist, or reclassify a 04–12, adopted January 14, 2004, and species presents substantial scientific or released January 20, 2004. The full text commercial information indicating that DEPARTMENT OF THE INTERIOR of this Commission decision is available the petitioned action may be warranted. We are to base this finding on all for inspection and copying during Fish and Wildlife Service information available to us at the time normal business hours in the FCC’s we make the finding. To the maximum Reference Information Center at Portals 50 CFR Part 17 extent practicable, this finding is to be II, CY–A257, 445 Twelfth Street, SW, made within 90 days of the receipt of Endangered and Threatened Wildlife Washington, DC. This document may the petition, and the finding is to be and Plants; 90-day Finding for a also be purchased from the published promptly in the Federal Petition To List Cymopterus Commission’s duplicating contractors, Register. Our standard for substantial deserticola (Desert Cymopterus) as Qualex International, Portals II, 445 information within the Code of Federal Endangered 12th Street, SW, Room CY–B402, Regulations (CFR) with regard to a 90- Washington, DC 20554, telephone 202– AGENCY: Fish and Wildlife Service, day petition finding is ‘‘that amount of 863–2893, or via e-mail Interior. information that would lead a [email protected]. ACTION: Notice of 90-day petition reasonable person to believe that the Provisions of the Regulatory finding and initiation of status review. measure proposed in the petition may Flexibility Act of l980 do not apply to be warranted’’ (50 CFR 424.14(b)). If the this proceeding. SUMMARY: We, the U.S. Fish and finding is that substantial information Wildlife Service (Service), announce a was presented, we are required to Members of the public should note 90-day finding for a petition to list promptly commence a review of the that from the time a Notice of Proposed Cymopterus deserticola (desert status of the species, if one has not Rule Making is issued until the matter cymopterus) as endangered under the already been initiated under our is no longer subject to Commission Endangered Species Act of 1973, as internal candidate assessment process. consideration or court review, all ex amended. We find that the petition does Cymopterus deserticola became a parte contacts are prohibited in present substantial scientific or candidate for listing in 1975. In 1993, Commission proceedings, such as this commercial information indicating that the Service elevated the status of C. one, which involve channel allotments. listing this species may be warranted. deserticola from a ‘‘C2’’ candidate to a See 47 CFR 1.1204(b) for rules Therefore, with the publication of this ‘‘C1’’ candidate. In 1995, C. deserticola governing permissible ex parte contacts. notice, we are initiating a status review was returned to the ‘‘C2’’ category, For information regarding proper of the species, and will issue a 12- citing reduced threats due to the filing procedures for comments, see 47 month finding to determine if the development of the West Mojave Plan CFR 1.415 and 1.420. petitioned action is warranted. To help (BLM 2003). In 1996, the Service ensure the review is comprehensive, we discontinued the recognition of ‘‘C2’’ List of Subjects in 47 CFR Part 73 are soliciting information and data candidates and henceforth referred to regarding this species. former ‘‘C1’’ candidates as ‘‘candidates’’ Radio, Radio broadcasting. DATES: The finding announced in this (61 FR 7457). For the reasons discussed in the document was made on January 29, On April 15, 2002, the Service preamble, the Federal Communications 2004. To be considered in the 12-month received a petition, dated March 29, Commission proposes to amend 47 CFR finding for this petition, comments and 2002, from Ileene Anderson of the Part 73 as follows: information must be submitted to us by California Native Plant Society and April 12, 2004. Daniel Patterson of the Center for PART 73—RADIO BROADCAST Biological Diversity, requesting that the ADDRESSES: Data, information, written SERVICES Service list Cymopterus deserticola comments and materials, or questions (desert cymopterus) in the western concerning this petition and finding Mojave Desert, California, as 1. The authority citation for Part 73 must be submitted to the Field continues to read as follows: endangered pursuant to the Act, and to Supervisor, Ventura Fish and Wildlife concurrently designate critical habitat. Authority: 47 U.S.C. 154, 303, 334 and 336. Office, U.S. Fish and Wildlife Service, The petition requested endangered 2493 Portola Road, Suite B, Ventura, CA § 73.202 [Amended] status because the petitioners assert very 93003. The petition finding and few C. deserticola remain in the western 2. Section 73.202(b), the Table of FM supporting information are available for Mojave Desert, this species has suffered Allotments under Alabama, is amended public inspection, by appointment, declines in recent years, and habitat by adding Littleville, Channel 278A, during normal business hours at the destruction is ongoing and impending. and removing Russellville, Channel above address. In response to the petitioners’ 249A.1 FOR FURTHER INFORMATION CONTACT: requests to list Cymopterus deserticola, Field Supervisor, U.S. Fish and Wildlife we sent a letter to the petitioners on 1 In MM Docket No. 01–62, Station WKGL was Service, Ventura Fish and Wildlife June 12, 2002, explaining that we would ordered to specify operation on Channel 278A in Office, at the above ADDRESSES not be able to address their petition lieu of Channel 249A at Russelville, Alabama. See (telephone 805/644–1766; facsimile Ardmore, AL et al., 17 FCC Rcd 16332. Station until fiscal year 2003. The reason for WKGL was granted a license (BMLH– 805/644–3958). this delay was that court orders and 20030415ACF), which implemented this change. SUPPLEMENTARY INFORMATION: settlement agreements required nearly

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all of our listing funding for fiscal year disjunct by at least 28 mi (45 km) from occurred, or is known to occur, at 92 2002. At the end of fiscal year 2003, we the nearest known extant populations. populations on EAFB. were able to initiate work on the The extant range of the species The Harper Dry Lake basin contains 6 petition. includes the Rogers Dry Lake basin, the populations, which together support at Harper Dry Lake basin, the Cuddeback a maximum 200 Cymopterus deserticola Biology Dry Lake basin, and the Superior Dry plants (BLM 2001). The Cuddeback Dry Cymopterus deserticola is a member Lake basin. This extant range extends Lake basin supports four populations of of the carrot family (Apiaceae). C. approximately 50 mi (80 km) from east C. deserticola. In 2001, more than 40 deserticola varies from other members to west and 35 mi (56 km) from north plants were observed at these of the genus Cymopterus by having to south. However, the plant usually populations. At the Superior Dry Lake extremely dense, single-tiered umbels occurs in areas adjacent to these basin in 2001, Silverman and Cione (flower stems radiating from a central ephemeral (transitory) lakes. discovered a range extension to the east. point). Individual plants generally reach Survey information is more complete Forty plants in a single population were 6 inches (in) (15 centimeters (cm)) in for some areas than others. In addition, counted (BLM 2001). height when in flower. The leaves are survey results are not always Cymopterus deserticola grows on highly dissected (fernlike), grayish green comparable because of the variation in loose sandy soils in Joshua tree and hairless, and are arranged in a basal how individuals tallied populations or woodland, saltbush scrub, and rosette around the stem-root crown that colonies (concentrations of individuals) Mojavean desert scrub communities in is just below the soil surface. across the landscape. Moreover, surveys the western Mojave Desert between Cymopterus deserticola is unusual in only count the individuals visible above 2,000 and 3,000 feet (610 and 915 having herbaceous aboveground leaves ground; consequently, survey numbers meters) in elevation (Bagley 1998). The and inflorescences (flowering structure) represent only a subset of the total sandy soils that C. deserticola requires that die back at the end of the growing number of individuals that may be can be found in the following, alluvial season, leaving only the perennial present at that population. fans and basins, stabilized sand fields, The greatest number of individuals taproot to overwinter. The leaves and and occasionally sandy slopes of desert are located within the Rogers Dry Lake dry lake basins. This species typically inflorescences may only be visible in basin on Edwards Air Force Base grows in the cool, moist conditions of years when climatic conditions, (EAFB), where approximately 14,093 winter and early spring, and goes including sufficient rainfall, are present. plants were counted or estimated over dormant as the warmer weather In some years, individuals may produce 1,465 acres (ac) (593 hectares (ha)) progresses in April and May (Bagley leaves but not inflorescences. In years throughout the base in 67 survey areas 1998). when flowering does occur, the (Mitchell et al. 1995), including 8 inflorescences emerge between March previously documented populations Conservation Status and May. When climatic conditions are from 1988 (Moe 1988; CDFG 2001) and The petitioners provided substantial unfavorable, including drought, the 2 historic collections. Prior to extensive amounts of information relating to plant may persist solely as a dormant surveys conducted in 1995, Cymopterus threats to Cymopterus deserticola. taproot. Although many perennial deserticola had been reported from 29 Information on the status and threats to desert species survive periods of populations on EAFB (Mitchell et al. the species in relation to the five factors drought-induced dormancy, the lifespan 1995). The intensity of survey efforts for in section 4 of the Act are summarized of the perennial taproot of C. deserticola C. deserticola in 1995 and favorable below: is unknown. weather contributed to the relocation of With respect to factor A, the In 1915, Thomas Brandegee first 19 of the previously known 29 petitioners assert that the Rogers Dry described Cymopterus deserticola from populations, and the discovery of 57 Lake basin, which contains the largest material collected near Kramer Junction, new populations. Approximately 10,402 concentration of known extant species San Bernardino County, California. The plants were counted in all the 19 occurrences, is threatened by habitat historic distribution of C. deserticola populations in 1995, while fewer than alteration and destruction due to ranges from Apple Valley, San 1,700 plants had previously been military activities on EAFB. One Bernardino County, northward reported for these 19 populations. example is the cleanup of the approximately 55 miles (mi) (89 Within this watershed, there are 9 other groundwater contamination from the kilometers (km)) to the Cuddeback Lake populations outside of EAFB in the Air Force Research Laboratory basin in San Bernardino County, and Peerless Valley where C. deserticola has Propulsion Directorate (EAFB 1998) that westward approximately 45 mi (73 km) been observed. Less than 200 plants underlies one of the documented study to the Rogers and Buckhorn Lake basins have been cumulatively documented sites for Cymopterus deserticola as on Edwards Air Force Base (EAFB) in from these nine populations (Bureau of stated in the 1995 Mitchell et al. report. Kern and Los Angeles Counties Land Management (BLM) 2001). In all, The petitioners claim that utility (Mitchell et al. 1995; California 76 C. deserticola populations were construction has also adversely affected Department of Fish and Game (CDFG) observed within this basin in 1995, with this species and its habitat in the 2003). 14,362 plants counted. southern portion of the Harper Dry Lake The Apple Valley populations are In 2003, EAFB undertook efforts to basin and the northern portion of Rogers known only from historic collections develop an initial habitat model for Dry Lake in the BLM designated utility made in 1915, 1920, and 1941. Recent Cymopterus deserticola and two other corridor and adjacent sites (Bagley attempts to locate Cymopterus plant species of concern, Calochortus 1998). Types of projects in utility deserticola in areas of the historic Apple striatus (Alkali mariposa lily) and corridors include construction of Valley collections have been Eriophyllum mohavense (Barstow wooly transmission lines and pipelines. An unsuccessful, and it appears likely that sunflower). Six new populations of C. example is the Kern River Pipeline these populations have been lost to deserticola were found on base and just expansion project that potentially urban development and off-highway to the north of the base during field threatens six populations on private vehicle (OHV) use (Moe 1988). The verification of the habitat model (Wood lands west of Kramer Junction between Apple Valley populations are also 2003). Therefore, C. deserticola has Highway 58 and EAFB. The realignment

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and widening of State Highway 58 also (Gopherus agassizii), caterpillars (Order threat of naturally occurring events, potentially poses a threat to the species Lepidoptera), and beetles (Order causing extinction through mechanisms and its habitat. Coleoptera) (Bagley 1998). The operating either at the genetic level, the Other factors the petitioners claim are petitioners claim no specific disease population level, and/or the landscape adversely affecting Cymopterus threats have been reported for C. level. Isolation of small populations deserticola and its habitat include OHV deserticola. from one another can lead to loss of activity, oil and gas development, and In respect to factor D, the petitioners genetic variation due to genetic drift and the BLM’s Land Tenure Adjustment address the draft WMP (BLM 2003), increased inbreeding (Hamrick and Godt program. The BLM has assessed the which will function as a multi-species 1996). Genetic consequences of drift and habitat at the Superior Valley site as Habitat Conservation Plan for the desert loss of genetic variation include loss of being in ‘‘poor condition’’ due to tortoise (Gopherus agassizii) and other adaptability to change and inbreeding, adverse affects from OHV recreation listed and sensitive species within the which is the mating of individuals (BLM 1998). Oil and gas development planning area. The petitioners claim likely to share some of their genes due may have increased the potential for that Cymopterus deserticola has been to common ancestry. Inbreeding destroying habitat for this species in the dropped from the planning process depression is thought to reduce fitness Cuddeback Dry Lake basin and Rogers because the species cannot have a viable of individual plants; it may negatively Dry Lake. One population of C. conservation strategy without military affect components such as seed deserticola occurs on BLM lands participation (BLM 2002). According to availability, germination success, and available for Land Tenure Adjustment, the draft Environmental Impact Report flower and fruit production (Falk 1992). potentially removing another and Statement for the draft WMP (BLM At the landscape level, random natural population from public management 2003), C. deserticola is still a species events, such as storms or drought, could and making it available for private targeted for conservation measures, and destroy a significant percentage of development. has not been dropped. individuals or entire populations; a hot With regard to factor B, the petitioners The draft WMP (BLM 2003) requires fire could destroy a seedbank as well. state no commercial or recreation botanical surveys for projects proposed The restriction of colonies to small sites overutilization for the species is known within the Fremont-Kramer and increases their risk of extinction from at this time, but that, because of its Superior-Cronese Desert Wildlife such naturally occurring events. The rarity, collection for scientific or Management Areas (DWMAs) for those genetic characteristics of Cymopterus educational purposes may be a threat to areas of windblown sand on the east deserticola have not been investigated; the species. side of larger playas, including Harper therefore, the degree to which these With respect to factor C, the Dry Lake, Superior Dry Lake, and characteristics contribute to the petitioners assert that grazing poses Cuddeback Dry Lake in San Bernardino likelihood of C. deserticola being another threat to this species. Although County. If the plant is located, vulnerable to extinction for these the effects of livestock grazing on prescriptions call for avoiding all reasons is unknown. Cymopterus deserticola is not occurrences to the maximum extent documented in the literature, sheep practicable, and reporting the loss of Summary grazing has been documented to have plants. In Kern County, the draft WMP The information provided by the directly affected two populations. proposes the following measures: petitioners and information in our files Although according to Bagley (1998), establishing the North Edwards presents substantive information that grazing is not permitted on EAFB, one Conservation Area, requiring botanical Cymopterus deserticola may be of these two populations is located on surveys, and adjusting the boundary threatened by habitat alteration and the base. Individuals at this site on over time to reflect survey results. The destruction and livestock grazing EAFB were entirely eliminated as a draft WMP has undergone numerous throughout its range, both on EAFB and result of grazing by trespass sheep in revisions over the last decade and is still BLM lands. The draft WMP may contain 1994. On two other sites that occur on in draft form and the implementation of measures that contribute to the BLM lands in Harper Dry Lake outside conservation strategies for Cymopterus conservation of C. deserticola. However, of the grazing allotment, trespass of deserticola and its habitat remain a the WMP only addresses a small portion sheep has been chronic (BLM 1998). In proposal. of this species’ range, which is outside addition to direct predation (eating the The petitioners also state that the lack of EAFB. More than 90 percent of the plants), the ecological processes of the of any management or conservation known populations occur on EAFB and habitat are altered by livestock strategies by EAFB and ongoing projects conservation measures for the species trampling, which may disrupt water on EAFB is adversely affecting this were not included in the EAFB INRMP. holding capacities of the soil, promote species and leave the future survival of soil erosion from wind, and change the C. deserticola populations on EAFB Finding plant taxa composition found within the uncertain. Petitioners assert that, since We have reviewed the petition to list community to non-native weedy species the core population of this species is Cymoterus deserticola and the that outcompete native species. located on EAFB, without assured supporting documentation, information High levels of leaf predation on conservation measures in place, the in our files, and other readily available Cymopterus deserticola have been long-term survival of C. deserticola information. We find that the petition observed in two studies on EAFB in remains in question. did include substantial information areas not grazed by livestock (Mitchell With regard to factor E, the petitioners indicating that the listing of C. et al.1995; Charleton 1993). Predation is claim that the ‘‘extremely limited deserticola may be warranted. With the likely due to a variety of herbivores distribution and relatively small publication of this notice, we are such as black-tailed jackrabbits (Lepus numbers of individuals’’ of this species, initiating a status review of C. californicus), brush rabbits (Family make populations of Cymopterus deserticola to determine whether listing Leporidae), ground squirrels (Family deserticola vulnerable to extinction is warranted. Sciuridae), kangaroo rats (Family from stochastic events (e.g., drought and The petition also requests us to Heteromyidae), mice (Families disease). Species with few populations designate critical habitat for this Cricetidae and Muridae), desert tortoise and individuals are vulnerable to the species. If we determine in our 12-

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month finding that listing Cymopterus ecology, ongoing conservation measures for public inspection in their entirety. deserticola is warranted, we will for this species and its habitat, threats Comments and materials received will address the designation of critical to the species and its habitat and be available for public inspection, by habitat in the subsequent proposed information regarding the adequacy of appointment, during normal business listing rule or as funding allows. existing regulatory mechanisms. hours at the above address. Public Information Solicited If you wish to comment, you may References Cited submit your comments and materials A complete list of all references cited When we find that there is substantial concerning this finding to the Field herein is available on request from the information indicating that the Supervisor (see ADDRESSES section). Our Ventura Fish and Wildlife Office (see petitioned action may be warranted, we practice is to make comments, including ADDRESSES section). are required to promptly commence a names and home addresses of review of the status of the species. To respondents, available for public review Author ensure that the status review is during regular business hours. The primary author of this document complete and based on the best Respondents may request that we is Robert McMorran, Ventura Fish and available scientific and commercial withhold a respondent’s identity, as Wildlife Office, U.S. Fish and Wildlife information, we are soliciting allowable by law. If you wish us to Service (see ADDRESSES section). information on the Cymopterus withhold your name or address, you deserticola throughout the species’ must state this request prominently at Authority range. We request any additional the beginning of your comment. The authority for this action is the information, comments, and suggestions However, we will not consider Endangered Species Act of 1973, as from the public, governmental agencies, anonymous comments. To the extent amended (16 U.S.C. 1531 et seq.). the scientific community, industry, and consistent with applicable law, we will any other interested parties concerning make all submissions from Dated: January 29, 2004. the status of this species throughout its organizations or businesses, and from Steve Williams, range. We are seeking information individuals identifying themselves as Director, Fish and Wildlife Service. regarding historic and current representatives or officials of [FR Doc. 04–2596 Filed 2–9–04; 8:45 am] distribution, habitat, biology and organizations or businesses, available BILLING CODE 4310–55–P

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