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 and Cassola 1992). Tiger specimens to have been collected if the non-native vegetation, and vulnerability beetles are crepuscular, predatory Ohlone tiger beetle were more to stochastic local extirpations. insects that prey on small arthropods. widespread and common. A limited, Collection, pesticides, and recreational Tiger beetle species occur in many localized occurrence of the species may use of habitat are recognized as different habitats including riparian also help explain why the Ohlone tiger potential threats. However, the Service habitats, beaches, dunes, woodlands, beetle was not discovered until 1990. grasslands, and other open areas Currently, the known adult Ohlone concludes that life history information (Pearson 1988, Knisley and Hill 1992). tiger beetle habitat is characterized by and survey data are currently A common habitat component appears open native grassland, with California inadequate to conclusively determine to be open sunny areas that are used by oatgrass (Danthonia californica) and that the Ohlone tiger beetle is restricted tiger beetles for hunting and purple needlegrass (Stipa pulchra), on to the described habitat. Listing the thermoregulation (Knisley et al. 1990, level or nearly level slopes. Substrate is species as either endangered or Knisley and Hill 1992). Individual shallow, pale, poorly drained clay or threatened is not warranted at this time species are generally highly habitat sandy clay soil that bakes to a hard crust because sufficient information is not specific because of larval sensitivity to by summer, after winter and spring available indicating that the species is soil moisture, composition, and rains cease (Freitag et al. 1993). Habitat clearly in danger of extinction or temperature (Pearson 1988, Pearson and for oviposition by females and expected to become so in the foreseeable Cassola 1992, Kaulbars and Freitag subsequent larval development is future. The Ohlone tiger beetle is a 1993). unknown. species of concern to the Service and The Ohlone tiger beetle was first The historic range of the Ohlone tiger additional information regarding the described in 1993 from specimens beetle cannot be precisely assessed status, range, and habitat of adult and collected near Soquel, Santa Cruz because the species was only recently larval forms will continue to be County, California in 1990. Currently, discovered, and no historic specimens solicited. five populations have been found and or records are available. The earliest If additional data become available in both male and female specimens have specimen recorded was collected from a the future, the Service may reassess the been collected. The larvae of the Ohlone site northwest of Santa Cruz in 1987 candidate status and listing priority for tiger beetle have yet to be seen or (Freitag et al. 1993). Based on available this species or the need for listing. collected, but are presumed to be information on topography, substrates, References Cited similar to other tiger beetle species. soils, and vegetation, potential suitable Collection of Ohlone tiger beetles has habitat for the Ohlone tiger beetle may Freitag, R., D.H. Kavanaugh and R. Morgan. 1993. A new species of Cicindela occurred only in Santa Cruz County, have been more extensive and (Cicindela) (Coleoptera: Carabidae: where populations are known only from continuous than at present. If, indeed, Cicindelini) from remnant native coastal terraces supporting remnant the beetle is restricted to coastal terraces grassland in Santa Cruz County, patches of native grassland habitat on of clay or sandy clay soils, then based California. The Coleopterists Bulletin clay and sandy clay soils. on soil maps, it may once have extended 47:113–120. 8016 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules

Kaulbars, M.M. and R. Freitag. 1993. DATES: The finding announced in this United States fisher populations may be Geographical variation, classification, document was made on November 22, warranted. reconstructed phylogeny, and 1995. Historically, fishers ranged from geographical history of the Cicindela ADDRESSES: Data, information, northern British Columbia, Canada, into sexguttata group (Coleoptera: central California in the Pacific region, Cicindelidae). The Canadian comments or questions concerning this and into Idaho, Montana and Wyoming Entomologist 125:267–316. petition should be submitted to the Knisley, C.B. and J.M. Hill. 1992. Effects of Western Washington Office, U.S. Fish in the Rocky Mountains. In the central habitat change from ecological and Wildlife Service, 3704 Griffin Lane United States, fishers may have been distributed as far south as southern succession and human impacts on tiger S.E., Suite 102, Olympia, Washington beetles. Virginia Journal of Science Illinois, and in the eastern states, fishers 98501. The petition, finding, supporting 43:133–142. occurred as far south as North Carolina data, and comments are available for Knisley, C.B., T.D. Schultz and T.H. and Tennessee in the Appalachian public inspection, by appointment, Hasewinkel. 1990. Seasonal activity and Mountains (Powell and Zielinski 1994). thermoregulatory behavior of Cicindela during normal business hours at the During the late 1800s and early 1900s, patruela (Coleoptera: Cicindelidae). above address. Annals of the Entomological Society of fishers were extirpated over much of America 83:911–915. FOR FURTHER INFORMATION CONTACT: their range in both the United States and Nagano, C.D. 1980. Population status of the David C. Frederick, Supervisor (see Canada. Overtrapping and logging are tiger beetles of the genus Cicindela ADDRESSES above), at (360) 753–9440. believed to have been the primary cause (Coleoptera: Cicindelidae) inhabiting the SUPPLEMENTARY INFORMATION: of that decline (Powell and Zielinski marine shoreline of southern California. 1994). Atala 8:33–42. Background Fishers today occur across the Pearson, D.L. 1988. Biology of Tiger Beetles. Annual Review of Entomology 33:123– Section 4(b)(3)(A) of the Endangered Canadian provinces (Banci 1989). In the 147. Species Act of 1973, as amended (Act) Pacific States, fishers still occur in the Pearson, D.L. and F. Cassola. 1992. World- (16 U.S.C. 1531 et seq.), requires that the Cascade Range and Okanogan Highlands wide species richness patterns of tiger Service make a finding on whether a of Washington State, and are probably beetles (Coleoptera: Cicindelidae): still present in the Olympic Mountains indicator taxon for biodiversity and petition to list, delist or reclassify a species presents substantial scientific or (Aubry and Houston 1992). The status of conservation studies. Conservation the fisher in Washington is believed to Biology 6:376–391. commercial information indicating that the petitioned action may be warranted. be ‘‘very rare’’ although distribution Author: The primary author of this notice patterns between 1955–1979 and 1980– is Carl Benz, Ventura Field Office (see To the maximum extent practicable, this 1991 were similar (Aubry and Houston ADDRESSES section) (telephone 805/644– finding is to be made within 90 days of 1992). Little is known of the status in 1766). the date the petition was received, and Oregon, although sightings are the finding is to be published promptly Authority extremely rare. Powell and Zielinski in the Federal Register. If the finding is The authority for this action is the (1994) report that fishers have recently that substantial information was Endangered Species Act of 1973, as amended been detected by remote camera just (16 U.S.C. 1531 et seq.). presented, the Service also is required to west of the Cascade Crest in southern Dated: November 9, 1995. commence a review of the status of the Oregon. In California, the fishers in the species involved if one has not already John G. Rogers, Sierra Nevada appear to be isolated from been initiated under the Service’s Acting Director, Fish and Wildlife Service. the animals in the northwestern part of internal candidate assessment process. [FR Doc. 96–4802 Filed 2–29–96; 8:45 am] the state (Powell and Zielinski 1994). BILLING CODE 4310±55±P On December 29, 1994, a petition to Though the Sierran fishers may be doing list the fisher (Martes pennanti) in the well (Powell and Zielinski 1994), western United States was received by California Fish and Game biologists 50 CFR Part 17 the Service. The petition, dated have expressed concern over their long December 22, 1994, was submitted by term viability (pers. comm. in Gibilisco Endangered and Threatened Wildlife D.C. ‘‘Jasper’’ Carlton, Director for the 1994). Fishers in northwestern and Plants; 90-Day Finding for a Biodiversity Legal Foundation, Boulder, California have apparently remained Petition To List the Fisher in the Colorado. The petition requested listing stable since early in this century, and Western United States as Threatened of two fisher populations in the western several researchers suggest this AGENCY: Fish and Wildlife Service, United States (Washington, Oregon, population may have the highest Interior. California, Idaho, Montana and abundance of all the populations in the Wyoming) as threatened species. The ACTION: Notice of 90-day petition western United States (Powell and petition stated that two fisher finding. Zielinski 1994) and it may increase in populations from the Pacific Coast and the near future (Gibilisco 1994). SUMMARY: The Fish and Wildlife Service northern Rocky Mountain areas of the In the Rocky Mountains, fishers occur (Service) announces a 90-day finding for western United States are vulnerable to in central Idaho and northwestern a petition to list the fisher (Martes extirpation due to habitat loss and Montana; successful reintroductions pennanti) in the western United States fragmentation of late-successional and have occurred in both states (Gibilisco as threatened under the Endangered old-growth forests from road 1994). Although some reintroductions Species Act of 1973, as amended. The construction and logging, threats from have been unsuccessful (Powell and Service finds that the petition did not direct and incidental trapping, and the Zielinski 1994, Roy 1991), fisher present substantial information effects of small population size. populations in the Rocky Mountains indicating that the two fisher After a review of the above may be more stable than those in the populations in the western United information, and based on the best Pacific States (Powell and Zielinski States requested to be listed constitute scientific and commercial information 1994). Fishers are occasionally sighted distinct vertebrate population segments. available, the Service finds the petition in Wyoming, but have always been rare Therefore, the Service makes a negative does not present substantial information (Biodiversity Legal Foundation 1994). finding on this petition. indicating that listing two western Fisher populations have increased in