8014 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules under CERCLA are appropriate at this FOR FURTHER INFORMATION CONTACT: is currently known only from Santa time. Consequently, U.S EPA proposed Leslie K. Shapiro, Mass Media Bureau, Cruz County, California. The five known to delete the site from the NPL. (202) 418±2180. populations may be threatened by the EPA, with concurrence from the State SUPPLEMENTARY INFORMATION: This is a following factors: habitat fragmentation of Minnesota, has determined that all synopsis of the Commission's Notice of and destruction due to urban appropriate Fund-financed responses Proposed Rule Making, MM Docket No. development, habitat degradation due to under CERCLA at the Kummer Sanitary 96±19, adopted February 6, 1996, and invasion of non-native vegetation, and Landfill Superfund Site have been released February 20, 1996. The full text vulnerability to stochastic local completed, and no further CERCLA of this Commission decision is available extirpations. However, the Service finds response is appropriate in order to for inspection and copying during that the information presented in the provide protection of human health and normal business hours in the FCC petition, in addition to information in the environment. Therefore, EPA Reference Center (Room 239), 1919 M the Service's files, does not provide proposes to delete the site from the NPL. Street, NW., Washington, DC. The conclusive data on biological vulnerability and threats to the species Dated: February 20, 1996. complete text of this decision may also be purchased from the Commission's and/or its habitat. Available information Valdas V. Adamkus, does not confirm that the species is Regional Administrator, U.S. EPA, Region V. copy contractor, International Transcription Services, Inc., (202) 857± limited to a specific habitat type. After [FR Doc. 96±4830 Filed 2±29±96; 8:45 am] 3800, 2100 M Street, NW., Suite 140, review of all available scientific and BILLING CODE 6560±50±P Washington, DC 20037. commercial information, the Service Provisions of the Regulatory determines that listing is not warranted Flexibility Act of 1980 do not apply to for the Ohlone tiger beetle at this time. DATES: The finding announced in this FEDERAL COMMUNICATIONS this proceeding. Members of the public should note document was made on November 9, COMMISSION that from the time a Notice of Proposed 1995. Comments and information 47 CFR Part 73 Rule Making is issued until the matter concerning this finding may be is no longer subject to Commission submitted until further notice. consideration or court review, all ex ADDRESSES: Data, information, [MM Docket No. 96±19; RM±8744] parte contacts are prohibited in comments or questions concerning this Television Broadcasting Services; Commission proceedings, such as this petition finding may be submitted to the Geneseo, NY one, which involve channel allotments. Field Supervisor, Ventura Field Office, See 47 CFR 1.1204(b) for rules U.S. Fish and Wildlife Service, 2493 AGENCY: Federal Communications governing permissible ex parte contacts. Portola Road, Suite B, Ventura, Commission. For information regarding proper California 93003. The petition, finding, ACTION: Proposed rule. filing procedures for comments, see 47 supporting data and comments are CFR 1.415 and 1.420. available for public inspection, by SUMMARY: The Commission requests List of Subjects in 47 CFR Part 73 appointment, during normal business comments on a petition filed by Renard hours at the above address. Communications Corp. seeking the Television broadcasting. FOR FURTHER INFORMATION CONTACT: Carl allotment of UHF TV Channel 39± to Federal Communications Commission. Benz, Assistant Field Supervisor, Geneseo, NY, as the community's first John A Karousos, Listing and Recovery (See ADDRESSES local television transmission service. Chief, Allocations Branch, Policy and Rules section) at 805/644±1766. Channel 39± can be allotted to Geneseo Division, Mass Media Bureau. in compliance with the Commission's SUPPLEMENTARY INFORMATION: [FR Doc. 96±4787 Filed 2±29±96; 8:45 am] minimum distance separation Background requirements with a site restriction of BILLING CODE 6712±01±F Section 4(b)(3)(B) of the Endangered 21.4 kilometers (13.3 miles) east, at Species Act of 1973, as amended (16 coordinates 42±46±10 North Latitude U.S.C. 1531 et seq.), requires that, for and 77±33±21 West Longitude, to avoid DEPARTMENT OF THE INTERIOR any petition to revise the Lists of a short-spacing to TV Channel 39+ at Fish and Wildlife Service Endangered and Threatened Wildlife Kitchener, Ontario. Canadian and Plants that contains substantial concurrence is required since Geneseo 50 CFR Part 17 scientific and commercial information, is located within 400 kilometers (250 the Service make a finding within 12 miles) of the U.S.-Canadian border. This Endangered and Threatened Wildlife months of the date of receipt of the proposed allotment is not affected by and Plants; 12-Month Finding for a petition whether the petitioned action is the Commission's freeze on new Petition To List the Ohlone Tiger (a) not warranted, (b) warranted, or (3) allotments in certain metropolitan areas. Beetle as Endangered warranted but precluded from DATES: Comments must be filed on or AGENCY: Fish and Wildlife Service, immediate proposal by other pending before April 12, 1996, and reply Interior. proposals. Such 12-month findings are comments on or before April 29, 1996. ACTION: Notice of 12-month petition to be published promptly in the Federal ADDRESSES: Federal Communications finding. Register. Commission, Washington, DC 20554. In On February 18, 1993, the Service addition to filing comments with the SUMMARY: The Fish and Wildlife Service received a petition from Randall Morgan FCC, interested parties should serve the (Service) announces a 12-month finding of Soquel, California requesting that the petitioner, or its counsel or consultant, on a petition to list the Ohlone tiger Service add the Ohlone tiger beetle as follows: Craig L. Fox, President, beetle (Cicindela ohlone) as endangered (Cicindela ohlone) to the list of Renard Communications Corp. 4853 pursuant to the Endangered Species Act threatened and endangered species Manor Hill Drive, Syracuse, New York (Act) of 1973, as amended. The Ohlone pursuant to the Act. The petition 13215±1336 (Petitioner). tiger beetle was discovered in 1990 and specified endangered status because of Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8015 the beetle's limited distribution, Two principal features distinguishing from southwestern San Mateo County to specialized habitat requirements, and the Ohlone tiger beetle from other northwestern Monterey County, threats from proposed residential species of tiger beetles are its early California (Freitag et al. 1993). Much of developments and other habitat seasonal adult activity period, and its this habitat has been destroyed, disturbances. A 90-day finding was disjunct distribution. While other tiger degraded, and fragmented by urban made by the Service that the petition beetle species, such as Cicindela development and invasion of non-native presented substantial information purpurea, are active during spring, vegetation. Currently, the extent of indicating that the requested action may summer, or early fall (Nagano 1980, habitat that is potentially suitable for be warranted. The 90-day finding was Freitag et al. 1993), the Ohlone tiger the Ohlone tiger beetle is estimated at announced in the Federal Register on beetle is active from late January to early 200 to 300 acres in Santa Cruz County, January 27, 1994 (59 FR 3830). A status April (Freitag et al. 1993). The Ohlone California (Freitag et al. 1993). However, review was initiated. tiger beetle is also the southernmost restriction of the species to these habitat The Service has reviewed the petition, member of its related group of tiger parameters has not been demonstrated the literature cited in the petition, other beetles (Freitag et al. 1993). These and the occurrence of the Ohlone tiger available literature and information, and unusual characteristics may, in part beetle beyond this range is not known. consulted with biologists and account for the lack of historical Barry Knisley (entomologist, Randolph- researchers familiar with tiger beetles. collections of the species. Collectors Macon College, pers. comm. 1995) On the basis of the best available would not expect to find tiger beetles suggests that soil type, rather than plant scientific and commercial information, during late winter or in the Santa Cruz community, may define the range and the Service finds that listing the Ohlone area. However, because Cicindela is a emphasized the need for additional field tiger beetle (Cicindela ohlone) as very popular insect genus to collect (C. work to verify soil relationships. endangered is not warranted. Nagano, U.S. Fish and Wildlife Service, Extensive range-wide surveys have not The Ohlone tiger beetle is a member pers. comm. 1993), and because been conducted. of the Coleopteran family Cicindelidae entomologists commonly collect out of The five known populations face (tiger beetles), which includes more season and out of known ranges in order threats from habitat fragmentation and than 2,000 species worldwide and more to find temporally and spatially outlying destruction due to urban development, than 100 species in the United States specimens, one would expect more habitat degradation due to invasion of (Pearson