Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules 3613

Parts per may also be purchased from the Virgin Islands Youth Development Commodity million Commission’s copy contractors, Radio, Inc., P.O. Box 2477, St. Thomas, International Transcription Services, Virgin Islands 00803 (Petitioner). Almonds, hulls ...... 0.05 Inc., 2100 M Street, NW, Suite 140, FOR FURTHER INFORMATION CONTACT: Avocados ...... 0.05 Washington, D.C. 20037, (202) 857– Citrus fruits ...... 0.05 Sharon P. McDonald, Mass Media Figs ...... 0.05 3800. Bureau, (202) 634–6530. Kiwifruits ...... 0.05 Provisions of the Regulatory SUPPLEMENTARY INFORMATION: This is a Nuts ...... 0.05 Flexibility Act of l980 do not apply to synopsis of the Commission’s Notice of Olives ...... 0.05 this proceeding. Proposed Rule Making, MM Docket No. Pistachios ...... 0.05 Members of the public should note 95-2, adopted January 4, 1995, and Pome fruits ...... 0.05 that from the time a Notice of Proposed released January 12, 1995. The full text Pomegranates ...... 0.05 Rule Making is issued until the matter of this Commission decision is available Small fruits ...... 0.05 is no longer subject to Commission Stone fruits ...... 0.05 for inspection and copying during consideration or court review, all ex normal business hours in the FCC parte contacts are prohibited in * * * * * Reference Center (Room 239), 1919 M Commission proceedings, such as this Street, NW, Washington, D.C. The [FR Doc. 95–1187 Filed 1–17–95; 8:45 am] one, which involve channel allotments. complete text of this decision may also BILLING CODE 6560±50±F See 47 CFR 1.1204(b) for rules be purchased from the Commission’s governing permissible ex parte contact. copy contractor, International For information regarding proper Transcription Service, Inc., (202) 857– FEDERAL COMMUNICATIONS filing procedures for comments, see 47 3800, 2100 M Street, NW, Suite 140, COMMISSION CFR 1.415 and 1.420. Washington, D.C. 20037. List of Subjects in 47 CFR Part 73 Provisions of the Regulatory 47 CFR Part 73 Flexibility Act of 1980 do not apply to Radio broadcasting. [MM Docket No. 95-1, RM±8527] this proceeding. Federal Communications Commission. Members of the public should note Radio Broadcasting Services; John A. Karousos, that from the time a Notice of Proposed Hamilton, Chief, Allocations Branch, Policy and Rules Rule Making is issued until the matter Division, Mass Media Bureau. is no longer subject to Commission AGENCY: Federal Communications [FR Doc. 95–1156 Filed 1–17–95; 8:45 am] consideration or court review, all ex Commission. BILLING CODE 6712±01±F parte contacts are prohibited in ACTION: Proposed rule. Commission proceedings, such as this one, which involve channel allotments. SUMMARY: This document requests See 47 CFR 1.1204(b) for rules comments on a petition filed by 47 CFR Part 73 governing permissible ex parte contacts. Benedict Communicatins, Inc. [MM Docket No. 95-2; RM±8502] For information regarding proper proposing the allotment of Channel Radio Broadcasting Services; filing procedures for comments, see 47 251C3 to Hamilton, Montana, as that CFR 1.415 and 1.420. community’s second FM broadcast Charlotte Amalie, Virgin Islands service. The coordinates for Channel List of Subjects in 47 CFR Part 73 AGENCY: Federal Communications 251C3 are 46–14–36 and 114–09–30. Commission. Radio broadcasting. Canadian concurrence will be requested for this allotment. ACTION: Proposed rule. Federal Communications Commission. John A. Karousos, DATES: Comments must be filed on or SUMMARY: The Commission requests before March 6, 1995, and reply Chief, Allocations Branch, Policy and Rules comments on a petition filed by Virgin Division, Mass Media Bureau. comments on or before March 21, 1995. Islands Youth Development Radio, Inc., [FR Doc. 95–1157 Filed 1–17–95; 8:45 am] ADDRESSES: Federal Communications proposing the allotment of Channel Commission, Washington, D.C. 20554. 275A at Charlotte Amalie, Virgin BILLING CODE 6712±01±F In addition to filing comments with the Islands, and its reservation for FCC, interested parties should serve the noncommercial educational use. petitioner’s counsel, as follows: James R. Channel 275A can be allotted to DEPARTMENT OF THE INTERIOR Bayes, Jerry V. Haines, Wiley, Rein & Charlotte Amalie in compliance with Fish and Wildlife Service Fielding, 1776 K Street, NW, the Commission’s minimum distance Washington, D. C. 20006. separation requirements with the 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: imposition of a site restriction of 10.6 Kathleen Scheuerle, Mass Media kilometers (6.6 miles) northwest. The Endangered and Threatened Wildlife Bureau, (202) 634–6530. coordinates for Channel 275A at and Plants; Notice of 90-day Finding SUPPLEMENTARY INFORMATION: This is a Charlotte Amalie are North Latitude 18– on the Petition To List the summary of the Commission’s Notice of 21–20 and West Longitude 64–01–45. Chub and as Proposed Rule Making, MM Docket No. DATES: Comments must be filed on or Endangered 95-1, adopted January 4, 1995, and before March 6, 1995, and reply AGENCY: Fish and Wildlife Service, released January 12, 1995. The full text comments on or before March 21, 1995. Interior. of this Commission decision is available ADDRESSES: Federal Communications ACTION: Notice of 90-day petition for inspection and copying during Commission, Washington, D.C. 20554. finding. normal business hours in the In addition to filing comments with the Commission’s Reference Center (Room FCC, interested parties should serve the SUMMARY: The U.S. Fish and Wildlife 239), 1919 M Street, NW, Washington, petitioner, or its counsel or consultant, Service (Service) announces a 90-day D.C. The complete text of this decision as follows: Leo Morone, President, finding for a petition to list the sturgeon 3614 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules chub ( gelida) and 1994, that was submitted by the movement. Channelization straightened sicklefin chub (Macrhybopsis meeki) as Environmental Defense Fund and was and narrowed river habitat, reduced endangered under the Endangered jointly signed by American Rivers, Mni habitat diversity, and reduced overbank Species Act of 1973, as amended. The Sose Intertribal Water Rights Coalition, flooding. Pollution and water depletion Service finds that with the petition and National Audubon Society, and from industry and agriculture may have additional available information there is Nebraska Audubon Council to list the altered water quality. Sand and gravel substantial information provided to and sicklefin chub as extraction operations have removed indicate that listing the two species as endangered pursuant to the Act. The habitat and restricted fish movement in endangered may be warranted. petitioners assert that the sturgeon chub some areas. DATES: The finding announced in this and sicklefin chub populations should Future water depletions are likely to document was made on December 29, be listed as endangered species because result from energy developments in the 1994. To be considered in the 12-month of the species’ inability to adapt to Upper Basin. Other finding for this petition, information human-induced alterations of the water demands may result from and comments should be submitted to Missouri River. They indicate that interbasin diversions and increased the Service by April 18, 1995. sturgeon chub and sicklefin chub are municipal, industrial, and irrigation ADDRESSES: Data, information, physically adapted through evolution to usage. Dredging for channel comments, or questions concerning this live in a turbid, swift flowing river. maintenance and sand/gravel extraction petition should be submitted to the Alterations described by the petitioner will continue in new areas. Field Supervisor, U.S. Fish and Wildlife include impoundments, channelization, B. Overutilization for commercial, Service, 1500 East Capitol Avenue, and removal of snags. The petitioners sporting, scientific, or educational Bismarck, North Dakota 58501. The indicate that those alterations have purposes. None known. However, petition finding, supporting data, and detrimentally impacted the fishes’ removal of individuals from the wild comments are available for public spawning and feeding habitat by could have and may continue to be inspection, but appointment, during changing the natural hydrograph and occurring from harvest of bait fish. C. Disease or predation. No diseases normal business hours, at the above water temperatures, short-stopping are currently known to threaten the address. movement of sediment which reduced turbidity, and reducing the amount of species. Predation has likely increased FOR FURTHER INFORMATION CONTACT: organic matter in the Missouri River over historic levels due to stockings of Mark Dryer, biologist, at the above (Hesse 1994). piscivorous fish into the reservoirs and address or telephone (701) 250–4491. The sturgeon chub and sicklefin chub remaining riverine sections. Future SUPPLEMENTARY INFORMATION: are both endemic to the mainstem and introductions of nonnative fish and other organisms may threaten sturgeon Background large tributaries of the Missouri River and River. The sicklefin chub and sicklefin chub through Section 4(b)(3)(A) of the Endangered chub has historically been located in 13 predation. Species Act (Act) of 1973, as amended States—Arkansas, , Iowa, Kansas, D. Inadequacy of existing regulatory (16 U.S.C. 1531 et seq.), requires that the Kentucky, , Mississippi, mechanisms. Federal Category 1 Service make a finding on whether a Missouri, Montana, Nebraska, North candidate species status provides no petition to list, delist, or reclassify a Dakota, South Dakota, and . legal protection for the species. species presents substantial scientific or Current populations have only been Sturgeon chub are classified as either commercial information to demonstrate recorded in the States of Missouri, threatened or endangered by Kansas and that the petitioned action may be Nebraska, Montana, and North Dakota South Dakota and as a species of special warranted. This finding is to be based (USFWS 1993b). The sturgeon chub has concern by Kentucky, Missouri, on all information available to the historically been located in the above 13 Montana, Nebraska, North Dakota, Service at the time the finding is made. States plus Wyoming. Current Wyoming, and Tennessee. There is no To the maximum extent practicable, this populations have only been recorded in classification on sturgeon chub by finding is to be made within 90 days of States of Missouri, Montana, Nebraska, Arkansas, Iowa, Illinois, Louisiana, and the date the petition was received, and North Dakota, and Wyoming (USFWS Mississippi. Sicklefin chub are a notice regarding the finding is to be 1993a). classified as either threatened or published promptly in the Federal endangered by Kansas and South Dakota Register. If the finding is that Listing Factors and as a species concern by Kentucky, substantial information was presented, The following is a summary and Missouri, Montana, Nebraska, North the Service also is required to promptly discussion of the five listing criteria as Dakota, and Tennessee. There is no commence a review of the status of the set forth in section 4(a)(1) of the Act and classification on sicklefin chub by species involved if one has not already regulations (50 CFR Part 424) Arkansas, Iowa, Illinois, Louisiana, and been initiated under the Service’s promulgated to implement the listing Mississippi. internal candidate assessment process. provisions of the Act and their E. Other natural or manmade The Service initiated a status review applicability to the current status of the mechanisms. Severe drought in the for the sturgeon chub (Macrhybopsis sturgeon chub and sicklefin chub. early 1990’s may have eliminated gelida) and sicklefin chub A. The present or threatened sturgeon chub from some Missouri River (Macrhybopsis meeki) when it destruction, modification, or tributaries and may reoccur and impact categorized the two species as category curtailment of the species habitat or additional tributary populations. 2 candidate species in the 1991 range. Water development projects have Sturgeon chub populations in the Notice of Review (56 FR 58804). This impacted sturgeon chub and sicklefin mainstem Missouri River may be too notice meets the requirement that a chub populations as described by the small and too widespread to naturally notice be published for a 90-day finding petitioners. Reservoirs flooded river recolonize these tributaries even though made earlier for the petition discussed habitat, altered temperature and flow suitable habitat may still exist in them. below. regimes, and reduced sediment Tributaries that now flow into reservoirs On August 8, 1994, the Service transport and turbidity. Dams may never naturally recolonize. Similar received a petition dated August 4, fragmented populations and restricted impacts may have occurred to sicklefin Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules 3615 chub populations, but it has been nonnative fish as described above under Author: This document was prepared by reported (USFWS 1993a, 1993b). the listing factors. Mark Dryer (see ADDRESSES section). Pressures on both species likely The Service’s 90-day finding contains Authority: The authority for this action is resulted from the competition created more detailed information regarding the the Endangered Species Act of 1973 (16 above decisions. A copy may be by stocking large numbers of numerous U.S.C. 1531–1544 et seq.). obtained from the Service’s Bismarck species of nonnative fish into reservoirs Dated: December 29, 1994. Office (see ADDRESSES above). that were created and the remaining Mollie H. Beattie, riverine sections of historical habitat. References Cited Director, U.S. Fish and Wildlife Service. This perceived competition is likely still Hesse, L.W. 1994. The status of Nebraska [FR Doc. 95–1175 Filed 1–17–95; 8:45 am] occurring and will continue in the fishes in the Missouri River, selected BILLING CODE 4310±55±M future. chubs and : sicklefin chub, sturgeon chub, , silver Finding chub, , plains , The Service has reviewed the petition, and Western silvery minnow. Transactions of the Nebraska Academy as well as other available information, of Sciences, Vol. 21, in print. published and unpublished studies and U.S. Fish and Wildlife Service (USFWS). reports, and agency files. On the basis 1993a. Status report on sicklefin chub of the best scientific and commercial (Macrhybopsis meeki), a candidate information available, the Service finds endangered species. U.S. Fish and that there is sufficient information to Wildlife Service, Bismarck, North indicate that the petitioned action may Dakota. 41 pp. be warranted. The Service believes that U.S. Fish and Wildlife Service (USFWS). 1993b. Status report on sturgeon chub the reduced distribution of the two (Macrhybopsis gelida), a candidate chubs is due mainly to the destruction endangered species. U.S. Fish and and modification of habitat and Wildlife Service, Bismarck, North predation and competition from Dakota. 58 pp.