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Dinacoma Caseyi Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Proposed Rules 36635 Dated: June 26, 2007. required to submit a copy of this Report FOR FURTHER INFORMATION CONTACT: Jim Robert E. Roberts, and Order to GAO pursuant to the Bartel, Field Supervisor, Carlsbad Fish Regional Administrator, Region 8. Congressional Review Act, see 5 U.S.C. and Wildlife Office (see ADDRESSES) [FR Doc. E7–13060 Filed 7–3–07; 8:45 am] 801(a)(1)(A), because the proposed rule (telephone 760–431–9440; facsimile BILLING CODE 6560–50–P is dismissed.) 760–431–5901). Persons who use a telecommunications device for the deaf List of Subjects in 47 CFR Part 73 (TDD) may call the Federal Information Radio, Radio broadcasting. FEDERAL COMMUNICATIONS Relay Service (FIRS) at 800–877–8339. COMMISSION Federal Communications Commission. SUPPLEMENTARY INFORMATION: John A. Karousos, Background 47 CFR Part 73 Assistant Chief, Audio Division, Media Section 4(b)(3)(B) of the Act (16 [DA 07–2651; MB Docket No. 05–191; RM– Bureau. U.S.C. 1531 et seq.) requires that, for 11243] [FR Doc. E7–12860 Filed 7–3–07; 8:45 am] any petition to revise the List of BILLING CODE 6712–01–P Endangered and Threatened Wildlife or Radio Broadcasting Services; Elberton the List of Endangered and Threatened and Union Point, GA Plants that contains substantial AGENCY: Federal Communications DEPARTMENT OF THE INTERIOR scientific and commercial information Commission. that listing may be warranted, we make Fish and Wildlife Service ACTION: Proposed rule; dismissal. a finding within 12 months of the date of our receipt of the petition on whether SUMMARY: In response to a Notice of 50 CFR Part 17 the petitioned action is: (a) Not Proposed Rule Making (‘‘Notice’’), this warranted, or (b) warranted, or (c) Report and Order dismisses a Endangered and Threatened Wildlife warranted but the immediate proposal rulemaking petition requesting that and Plants; 12-Month Finding on a of a regulation implementing the Channel 286A, FM Station WEHR, Petition To List the Casey’s June petitioned action is precluded by other Elberton, Georgia, be upgraded to Beetle (Dinacoma caseyi) as pending proposals to determine whether Channel 286C2 and reallotted to Union Endangered With Critical Habitat any species is threatened or endangered, Point, Georgia, and the license of AGENCY: Fish and Wildlife Service, and expeditious progress is being made Station WEHR be modified accordingly. Interior. to add or remove qualified species from Georgia-Carolina Radiocasting the Lists of Endangered and Threatened ACTION: Notice of a 12-month petition Wildlife and Plants. Such 12-month Company, LLC (‘‘GCR’’), the licensee of finding. Station WEHR, requested Commission findings are to be published promptly in approval for the withdrawal of its SUMMARY: We, the U.S. Fish and the Federal Register. Section 4(b)(3)(C) underlying Petition for Rule Making for Wildlife Service (Service), announce a of the Act requires that a petition for MB Docket No. 05–191. GCR filed a 12-month finding on a petition to list which the requested action is found to declaration that neither it nor any of its Casey’s June beetle (Dinacoma caseyi) be warranted but precluded shall be principals has been offered or received as endangered under the Endangered treated as though resubmitted on the any consideration in connection with Species Act of 1973, as amended (Act). date of such finding, and requiring a the withdrawal of its Petition for Rule The petition also asked that critical subsequent finding to be made within Making in this proceeding. habitat be designated for the species. 12 months. ADDRESSES: Secretary, Federal After review of all available scientific Previous Federal Action Communications Commission, 445 12th and commercial information, we find On May 12, 2004, we received a Street, SW., Room TW–A325, that listing is warranted. Currently, petition, dated May 11, 2004, from Washington, DC 20554. however, listing of Casey’s June beetle is David H. Wright, Ph.D.; the Center for precluded by higher priority actions to FOR FURTHER INFORMATION CONTACT: R. Biological Diversity; and the Sierra Club amend the Lists of Endangered and Barthen Gorman, Media Bureau, (202) requesting the emergency listing of Threatened Wildlife and Plants. Upon 418–2180. Casey’s June beetle (Dinacoma caseyi) publication of this 12-month petition SUPPLEMENTARY INFORMATION: This is a as endangered in accordance with finding, Casey’s June beetle will be synopsis of the Commission’s Report section 4 of the Act. On October 4, 2005, and Order, MB Docket No. 05–191, added to our candidate species list. We the Center for Biological Diversity filed adopted June 13, 2007, and released will develop a proposed rule to list this a complaint against us in the U.S. June 15, 2007. The full text of this species as our priorities allow. Any District Court for the Central District of Commission decision is available for determination on critical habitat will be California challenging our failure to inspection and copying during normal made during development of the make the required 90-day and, if business hours in the FCC’s Reference proposed listing rule. appropriate, 12-month finding on their Information Center at Portals II, 445 DATES: The finding announced in this petition to emergency list Casey’s June 12th Street, SW., Room CY–A257, document was made on July 5, 2007. beetle under section 4 of the Act. We Washington, DC 20554. The document ADDRESSES: Supporting documents for reached a settlement agreement with the may also be purchased from the this finding are available for inspection, plaintiffs on March 28, 2006, in which Commission’s duplicating contractor, by appointment, during normal business we agreed to submit to the Federal Best Copy and Printing, Inc., Portals II, hours at the Carlsbad Fish and Wildlife Register a 90-day finding by July 27, 445 12th Street, SW., Room CY–B402, Office, U.S. Fish and Wildlife Service, 2006, and to complete and submit to the Washington, DC 20554, telephone 1– 6010 Hidden Valley Road, Carlsbad, CA Federal Register, if a substantial finding 800–378–3160 or http:// 92011. Please submit any new is made, a 12-month finding by June 30, www.BCPIWEB.com. This document is information, materials, comments, or 2007. On August 8, 2006, we published not subject to the Congressional Review questions concerning this finding to the a 90-day petition finding (71 FR 44960) Act. (The Commission is, therefore, not above address. in which we concluded that emergency VerDate Aug<31>2005 15:55 Jul 03, 2007 Jkt 211001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\05JYP1.SGM 05JYP1 jlentini on PROD1PC65 with PROPOSALS 36636 Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Proposed Rules listing was not necessary, but that the on the ground and are considered Rosa mountain ranges in the dry petition provided substantial flightless (Duff 1990, p. 4; Frank Hovore Coachella Valley region by the information indicating that listing of and Associates 1995, p. 7; Hovore 2003, overlapping of individual alluvial fans Casey’s June beetle may be warranted, p. 3). La Rue (2006, p.1) stated that (bajada) are indicative of the caseyi and we initiated a status review. This ‘‘Female Dinacoma are very rare in complex habitat (La Rue 2006, p. 1). notice constitutes the 12-month finding collections. Females display an Casey’s June beetle is most commonly on the May 12, 2004, petition to list accentuated sexual dimorphism associated with Carsitas series soil Casey’s June beetle as endangered. characterized by an enlarged abdomen, (CdC), described by the United States reduced legs and antennae, and Department of Agriculture (USDA) Taxonomy metathoracic wing reduction and (USDA on-line GIS database, 2000) as Casey’s June beetle belongs to the venation. These characters are likely gravelly sand on 0 to 9 percent slopes. scarab family (Scarabidae). The genus adaptations to flightlessness and a This soil series is associated with Dinacoma includes two described fossorial biology.’’ During the active alluvial fans, rather than areas of aeolian species, D. caseyi and D. marginata flight season, males emerge from the or windblown sand deposits. Hovore (Blaisdell 1930, pp. 171–176). Delbert ground and begin flying near dusk (2003, p. 2) described soils where La Rue, a researcher experienced with (Hovore 2003, p. 3). Males are reported Casey’s June beetle occurs or occurred the genus Dinacoma and a taxonomic to fly back and forth or crawl on the historically as, ‘‘* * * almost entirely expert stated, ‘‘Dinacoma caseyi is a ground where a female beetle has been carsitas series, of a CdC type, typically distinct species morphologically and detected (Duff 1990, p. 3). Cornett (2003, gravelly sand, single grain, slightly comprises its own species group—the p. 5) theorized that after emergence, effervescent, moderately alkaline (pH caseyi complex—the other [species females remain on the ground and 8.4), loose, non-sticky, non-plastic, group] being the marginata complex release pheromones to attract flying deposited on 0 to 9 percent slopes. On which includes the bulk/remainder of males. After mating, females return to alluvial terraces and where they occur the genus’’ (La Rue 2006, p. 1). The their burrows or dig a new burrow and within washes, these soils show light Casey’s June beetle was first collected in deposit eggs. Excavations of adult braiding and some organic deposition, the City of Palm Springs, California, in emergence burrows revealed pupal but [most years] do not receive scouring 1916, and was later described by exuviae (casings) at depths ranging from surface flows.’’ Although Casey’s June Blaisdell (1930, pp. 174–176) based on approximately 4 to 6 in (10 to 16 cm) beetle has primarily been found on CdC male specimens.
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