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12-Month Finding for a Petition to List the Sicklefin

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19910 Federal Register / Vol. 66, No. 75 / Wednesday, April 18, 2001 / Proposed Rules ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: For River basin and the Mississippi River AGENCY further information, please see the downstream from the confluence with information provided in the direct final the Missouri River. Both species are 40 CFR Part 52 action, with the same title, located in highly adapted for conditions found in [PA106–4113b; FRL–6959–7] the ‘‘Rules and Regulations’’ section of large free-flowing rivers with relatively this Federal Register publication. high levels of turbidity. The sicklefin chub is usually Approval and Promulgation of Air Dated: March 19, 2001. yellowish or tan colored on the back Quality Implementation Plans; William C. Early, Pennsylvania; Approval of VOC and and silvery-white on the belly with a Acting Regional Administrator, Region III. NOX RACT Determinations for Merck snout protruding slightly beyond the and Company, Inc [FR Doc. 01–9481 Filed 4–17–01; 8:45 am] mouth. A single pair of maxillary BILLING CODE 6560–50–U barbels is located at the corners of the AGENCY: Environmental Protection mouth. Average adult length ranges Agency (EPA). from 3.6 to 10.1 centimeters (1.4 to 4.0 ACTION: Proposed rule. DEPARTMENT OF THE INTERIOR inches) with the average adult weight ranging from 0.6 to 6.2 grams (0.02 to SUMMARY: EPA proposes to approve the Fish and Wildlife Service 0.2 ounce). The sicklefin is a relatively State Implementation Plan (SIP) short-lived species with a small revision submitted by the 50 CFR Part 17 percentage of the population reaching Commonwealth of Pennsylvania for the age 4. The sicklefin chub can be most purpose of establishing and requiring Endangered and Threatened Wildlife readily distinguished by its elongated reasonably available control technology and Plants; 12-month Finding for a pectoral fins and a sickle-shaped dorsal (RACT) for a facility of Merck and Petition To List the Sicklefin Chub fin. Company, Inc. located in Montgomery (Macrhybopsis meeki) and the The sturgeon chub is tan to pale green County. This facility is a major source Sturgeon Chub (Macrhybopsis gelida) on the back and cream to white on the of volatile organic compounds (VOC) as Endangered belly. A few black speckles occasionally and nitrogen oxides ( NOX). In the Final are present on the sides and back. It has Rules section of this Federal Register, AGENCY: Fish and Wildlife Service, Interior. a long, fleshy snout with a single pair EPA is approving the Commonwealth’s of maxillary barbels located at the ACTION: Notice of 12-month petition SIP submittal as a direct final rule corners of the mouth. Average adult finding. without prior proposal because the length ranges from 3.8 to 9.6 centimeters Agency views this as a noncontroversial SUMMARY: We, the U.S. Fish and (1.5 to 3.8 inches) and average adult submittal and anticipates no adverse Wildlife Service, announce a 12-month weight ranges from 0.3 to 9.3 grams comments. A detailed rationale for the finding for a petition to list the sicklefin (0.01 to 0.3 ounces). The sturgeon chub approval is set forth in the direct final is relatively short-lived species with a rule. If no adverse comments are chub (Macrhybopsis meeki) and the sturgeon chub (Macrhybopsis gelida) as maximum life-span of about 4 years. received in response to this action, no Sturgeon chub can be identified by the further activity is contemplated. If EPA endangered under the Endangered Species Act of 1973, as amended. After unique longitudinally-arranged ridges or receives adverse comments, the direct keels on most scales. final rule will be withdrawn and all review of all available scientific and commercial information, we find that Section 4(b)(3)(B) of the Endangered public comments received will be Species Act of 1973 (Act), as amended addressed in a subsequent final rule listing either of these two species is not warranted at this time. (16 U.S.C. 1531 et seq.), requires that based on this proposed rule. EPA will within 90 days of receipt of the petition, not institute a second comment period. DATES: The finding announced in this document was made on April 10, 2001. to the maximum extent practicable, we Any parties interested in commenting make a finding on whether a petition to ADDRESSES: on this action should do so at this time. Data, information, list, delist, or reclassify a species DATES: Comments must be received in comments, or questions regarding this presents substantial scientific or writing by May 18, 2001. notice should be sent to Mr. Allyn Sapa, commercial information indicating that ADDRESSES: Written comments should Field Supervisor, 3425 Miriam Avenue, the requested action may be warranted. be addressed to Makeba Morris, Chief, Bismarck, North Dakota, 58501. The If the petition contains substantial Permits and Technical Assessment complete administrative file for this information, the Act requires that we Branch, Air Protection Division, finding is available for inspection initiate a status review of the species Mailcode 3AP11, U.S. Environmental during normal business hours, by and publish a 12-month finding Protection Agency, Region III, 1650 appointment, at the above address. The indicating whether the petitioned action Arch Street, Philadelphia, Pennsylvania status review document for the sicklefin is (a) not warranted, (b) warranted, or (c) 19103. Copies of the documents relevant chub and the sturgeon chub also may be warranted but precluded from to this action are available for public obtained at that address, or at our immediate listing proposal by other inspection during normal business Internet web site at <http://mountain- pending proposals of higher priority. hours at the Air Protection Division, prairie.fws.gov/endspp/chubs>. Such 12-month findings are to be U.S. Environmental Protection Agency, FOR FURTHER INFORMATION CONTACT: published promptly in the Federal Region III, 1650 Arch Street, William Bicknell at the above address, Register. Philadelphia, Pennsylvania 19103; telephone (701) 250–4414, or e-mail In 1993, we issued status reports for Bureau of Air Quality Control, P.O. Box <[email protected]>. the sicklefin chub and sturgeon chub 8468, 400 Market Street, Harrisburg, SUPPLEMENTARY INFORMATION: (U.S. Fish and Wildlife Service 1993a, Pennsylvania 17105. b). The reports indicated the range and FOR FURTHER INFORMATION CONTACT: Background populations of sicklefin and sturgeon Melik A. Spain, (215) 814–2299, at the The sicklefin and sturgeon chub are chubs had been substantially reduced. EPA Region III address above, or by e- members of the Cyprinidae or minnow On June 29, 1994, we received a petition mail at [email protected]. family. They are native to the Missouri from a coalition of groups to list the VerDate 11<MAY>2000 08:38 Apr 17, 2001 Jkt 194001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\18APP1.SGM pfrm01 PsN: 18APP1 Federal Register / Vol. 66, No. 75 / Wednesday, April 18, 2001 / Proposed Rules 19911 sicklefin and sturgeon chubs as sicklefin chub and sturgeon chub Since 1993, when we completed a endangered throughout their range in populations and to determine whether Sicklefin Chub Status Report (U.S. Fish accordance with the provisions of the listing these species as threatened or and Wildlife Service 1993a), additional Act. The petitioners include American endangered under the Act was surveys have been conducted Rivers, Environmental Defense Fund, warranted. A draft 12-month finding throughout most of this species’ Mni Sose Intertribal Water Rights was completed in August 1995 and historical range. These studies indicate Coalition, National Audubon Society, subsequently revised in 1997, 1999, and that sicklefin chub are more widely and the Nebraska Audubon Council. 2000, to include substantial new distributed and more common than The petitioners assert that, information. The Montana Rivers previously believed. The effectiveness historically, sicklefin chub and sturgeon Coalition filed a 60-day notice of intent of sampling techniques has dramatically chub populations inhabited a to sue the Secretary of the Interior on improved with the use of benthic trawls substantial portion of the Missouri April 6, 2000, for the Service’s alleged that have been modified to collect small River, its larger tributaries, and the failure to act on the petition in the fish. Benthic trawls have permitted Mississippi River downstream from the timeframes established by the Act. The sampling in deep-water habitats where confluence with the Missouri River. Montana Rivers Coalition’s action seines, the traditional cyprinid They indicate that the historic range of resulted in a settlement agreement in collection method, are ineffective or sicklefin and sturgeon chubs included which we agreed to submit the 12- cannot be used. waters in or bordering 13 and 14 States, month finding for the sicklefin and Recent studies using benthic trawls respectively. sturgeon chubs for publication in the indicate that sicklefin chub comprise a The petitioners indicate that sicklefin Federal Register on or before April 12, significant part of the fish population at and sturgeon chubs have physically 2001. three locations in the Missouri River adapted through evolution to inhabit We received information concerning drainage—above Fort Peck Reservoir in turbid, swift-flowing rivers. The the status of sicklefin and sturgeon chub Montana; the Yellowstone/Missouri petitioners assert that the impoundment populations from State game and fish River confluence area in North Dakota and channelization of the Missouri departments, the U.S. Bureau of and Montana; and the lower Missouri River have drastically altered the Reclamation, U.S. Geological Survey, River in Missouri. Grisak (1996) used natural habitat of the chubs by altering tribal representatives, universities, and both seines and a benthic trawl to the natural hydrograph and reducing other organizations and individuals. We sample the fish population in the water temperature and turbidity levels.
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