51116 Federal Register / Vol. 67, No. 152 / Wednesday, August 7, 2002 / Rules and Regulations contributions to QED. On balancing the PART 73—RADIO BROADCAST recreation, pesticide drift, and needs and abilities of QED, given its SERVICES inadequate regulatory mechanisms. We financial condition and the community find these threats constitute immediate from which it derives support, the 1. The authority citation for part 73 and significant threats to the Carson Commission finds that the continued continues to read as follows: wandering skipper. This rule use of the second channel is no longer Authority: 47 U.S.C. 154, 303, 334 and 336. implements Federal protection provided necessary to meet the educational, by the Act for the subspecies. § 73.606 [Amended] instructional and cultural needs of the DATES: This rule becomes effective on Pittsburgh community, especially since 2. Section 73.606, the Table of TV August 7, 2002. upon dereservation and sale of Allotments under Pennsylvania is ADDRESSES: The complete file for this WQEX(TV), and initiation of digital amended by removing Channel *16 at rule is available for inspection, by service, QED will be able to Pittsburgh and adding in its place appointment, during normal business substantially increase the amount of free Channel 16 at Pittsburgh. hours at the U.S. Fish and Wildlife over-the-air educational service. § 73.622 [Amended] Service, Nevada Fish and Wildlife The Report and Order concludes that Office, 1340 Financial Boulevard, Suite 3. Section 73.622(b), the Table of 234, Reno, NV 89502. QED’s circumstances are highly unique Digital Television Allotments under FOR FURTHER INFORMATION CONTACT: and that the public interest would be Pennsylvania is amended by removing served by waiving the Commission’s Channel *26 at Pittsburgh and adding in Robert D. Williams, Field Supervisor, policy disfavoring dereservation. The its place Channel 26 at Pittsburgh. Nevada Fish and Wildlife Office (see Report and Order also concludes that ADDRESSES section) (telephone 775/861– the record supports waiver of the policy [FR Doc. 02–20071 Filed 8–6–02; 12:45 pm] 6300; facsimile 775/861–6301), or requiring that newly dereserved BILLING CODE 6712–01–P Wayne White, Field Supervisor, channels be made available for Sacramento Fish and Wildlife Office, competing applications. 2800 Cottage Way, Room W–2605, DEPARTMENT OF THE INTERIOR Sacramento, CA 95825–1846 (telephone Procedural Matters 916/414–6000; facsimile 916/414–6712). Fish and Wildlife Service The Commission has determined that SUPPLEMENTARY INFORMATION: the relevant provisions of the Regulatory 50 CFR Part 17 Background Flexibility Act of 1980 do not apply to The genus Pseudocopaeodes in the rule making proceeds to amend the TV RIN 1018–AI18 family Hesperiidae and subfamily and DTV Table of Allotments, §§ 73.606 Hesperiinae (grass skippers) contains and 73.622(b). See Certification that Endangered and Threatened Wildlife and Plants; Determination of only one species, Pseudocopaeodes Sections 603 and 604 of the Regulatory eunus. Members of Hesperiidae are Flexibility Act Do Not Apply to Rule Endangered Status for the Carson Wandering Skipper called skippers because of their Making to Amend Sections 73.202(b), powerful flight. While their flight may 73.504, and 73.606(b) of the AGENCY: Fish and Wildlife Service, be faster than butterflies, they seldom Commission’s Rules, 46 FR 11549, Interior. fly far and few species migrate (Scott February 9, 1981. ACTION: Final rule. 1986). Ordering Clauses The species Pseudocopaeodes eunus SUMMARY: We, the U.S. Fish and is thought to consist of five subspecies. The Commission further finds that Wildlife Service (Service), determine The Carson wandering skipper (P. e. unique public interest considerations the Carson wandering skipper obscurus) is locally distributed in and benefits support a waiver of the (Pseudocopaeodes eunus obscurus) to grassland habitats on alkaline substrates policy set forth in the Sixth Report and be endangered under the Endangered in eastern California and western Order requiring that newly dereserved Species Act of 1973, as amended (Act). Nevada. P. e. eunus is located in channels be made available for The Carson wandering skipper is western desert areas of southern competing applications. currently known from only two California; P. e. alinea is found in It is further ordered, That pursuant to populations, one in Washoe County, eastern desert areas of southern Section 316(a) of the Communications Nevada, and one in Lassen County, California and in southern Nevada; and Act of 1934, as amended, the California. The subspecies is found in P. e. flavus is found in western and authorization of WQED Pittsburgh for grassland habitats on alkaline central Nevada (Brussard 2000). In 1998, station WQEX(TV) is modified to substrates. what is believed to be an undescribed specify operation on Channel 16 in lieu Extinction could occur from naturally fifth subspecies of P. eunus was found of Channel *16. occurring events or other threats due to in Mono County, California. George the small, isolated nature of the known Austin of the Nevada State Museum and List of Subjects 47 CFR Part 73 populations of the Carson wandering Historical Society in Las Vegas is skipper. These threats include habitat working to formally describe this fifth Digital television broadcasting, destruction, degradation, and subspecies (Brussard 2000). Except for Television. fragmentation due to urban and the Carson wandering skipper, the Federal Communications Commission. residential development, wetland subspecies of P. eunus do not have Marlene H. Dortch, habitat modification, agricultural universally accepted common names. Secretary. practices (such as excessive livestock The Carson wandering skipper was grazing), gas and geothermal collected in 1965 by Peter Herlan, For the reasons discussed in the development, and nonnative plant Nevada State Museum, at a location preamble, the Federal Communications invasion. Other threats include north of U.S. Highway 50, Carson City, Commission amends 47 CFR part 73 as collecting, livestock trampling, water Nevada. It was first described by George follows: exportation projects, road construction, Austin and John Emmel (1998), based VerDate Aug<2,>2002 15:50 Aug 06, 2002 Jkt 197001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\07AUR1.SGM 07AUR1 Federal Register / Vol. 67, No. 152 / Wednesday, August 7, 2002 / Rules and Regulations 51117 on 51 adult specimens. The body is of Pseudocopaeodes eunus, based on possible this subspecies may require the tawny orange above except for a narrow one specimen of each collected in higher water table or ground uniform border and black veins near the California. Some larvae may be able to temperatures associated with these areas border at the outer edge of the wing. The extend their period of diapause (period to provide the appropriate temperatures upper forewing and hindwing are of dormancy) for more than one season for successful larval development orange with darker smudging. The lower depending on the individual and (Brussard et al. 1999). surface of the hindwings is pale creamy environmental conditions (Dr. Peter Adult Carson wandering skippers orange with two creamy rays extending Brussard, University of Nevada, Reno, require nectar for food. Adults of all the from the base of the wing to its margin, pers. comm., 2001). Carson wandering species in the grass skipper subfamily and there may be dusky suffusions skippers may differ from other P. eunus seem to visit flowers, and sap-feeding is along the wing veins (MacNeill 1975). in producing only one brood per year absent or rare (Scott 1986). There are no Males tend to average 13.1 millimeters during June to mid-July (Austin and known observations of the Carson (mm) (0.52 inches (in)) in size (ranging Emmel 1998). wandering skipper utilizing mud or from 12.0 to 13.9 mm (0.47 to 0.55 in)) The other subspecies produce a other substances to obtain nutrients (P. (size is forewing length from base to second brood in late July to late Brussard, pers. comm., 2002a). Few apex). Females average 14.7 mm (0.58 September (Austin and Emmel 1998). plants that can serve as nectar sources in) in size, and range from 13.4 to 15.6 Sites occupied by the Carson wandering grow in the highly alkaline soils mm (0.53 to 0.61 in) from forewing base skipper have been searched during occupied by salt grass. For a salt grass to apex. The female’s dorsal (upper) August and September and a second area to be appropriate habitat for the surface is similar to the male’s but with brood has not been found (Austin and Carson wandering skipper, an heavier dusting on the discal (relating to Emmel 1998; Brussard et al. 1999). appropriate nectar source must be a disk) area of the hindwing. The However, additional research is needed present and in bloom during the flight female’s ventral surface (undersurface of to confirm that the Carson wandering season. Plant species known to be used the abdomen) is similar in appearance skipper produces only one brood per by the Carson wandering skipper for to the male’s (Austin and Emmel 1998). year. nectar include a mustard (Thelypodium Little is known about the specific The Carson wandering skipper can be crispum), racemose golden-weed habitat requirements of the Carson distinguished from the other subspecies (Pyrrocoma racemosus), and slender wandering skipper, beyond the of Pseudocopaeodes eunus by a birds-foot trefoil (Lotus tenuis) similarities recognized among known combination of several characteristics. (Brussard et al. 1999). If alkaline- locations of this subspecies. As a result, The Carson wandering skipper is tolerant plant species are not present, the habitat requirements stated could browner and less intensely orange on its but there is a fresh-water source to apply to the species as a whole dorsal surface, with thicker black support alkaline-intolerant nectar coloring along the veins, outer margin, (Brussard et al.