13068 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules 40 CFR Part 264 indicating that listing this species may salamander from governmental Environmental protection, Air be warranted. Therefore, with the agencies, Native American Tribes, the pollution control, Hazardous waste, publication of this notice, we are scientific community, industry, or any Insurance, Packaging and containers, initiating a review of the status of the other interested parties. We seek Reporting and recordkeeping species to determine if listing the Berry information on: requirements, Security measures, Surety Cave salamander is warranted. To (1) The species’ biology, range, and bonds. ensure that this status review is population trends, including: comprehensive, we are requesting (a) Habitat requirements for feeding, 40 CFR Part 265 scientific and commercial data and breeding, and sheltering; Environmental protection, Air other information regarding this species. (b) Genetics and taxonomy; (c) Historical and current range, pollution control, Hazardous waste, Based on the status review, we will including distribution patterns; Insurance, Packaging and containers, issue a 12–month finding on the (d) Historical and current population Reporting and recordkeeping petition, which will address whether levels, and current and projected requirements, Security measures, Surety the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act. trends; and bonds, Water supply. (e) Past and ongoing conservation DATES: To allow us adequate time to 40 CFR Part 266 conduct this review, we request that we measures for the species, its habitat, Environmental protection, Energy, receive information on or before May or both. (2) The factors that are the basis for Hazardous waste, Recycling, Reporting 17, 2010. After this date, you must making a listing determination for a and recordkeeping requirements. submit information directly to the Field species under section 4(a) of the Office (see FOR FURTHER INFORMATION 40 CFR Part 268 Endangered Species Act of 1973, as CONTACT section below). Please note that amended (Act) (16 U.S.C. 1531 et Environmental protection, Hazardous we may not be able to address or seq.), which are: waste, Reporting and recordkeeping incorporate information that we receive (a) The present or threatened requirements. after the above requested date. destruction, modification, or 40 CFR Part 270 ADDRESSES: You may submit curtailment of its habitat or range; information by one of the following (b) Overutilization for commercial, Environmental protection, methods: Administrative practice and procedure, • recreational, scientific, or Federal eRulemaking Portal: http:// educational purposes; Confidential business information, www.regulations.gov. Search for Docket Hazardous materials transportation, (c) Disease or predation; No. FWS-R4-ES-2010-0011 and follow (d) The inadequacy of existing Hazardous waste, Reporting and the instructions for submitting regulatory mechanisms; or recordkeeping requirements, Water comments. (e) Other natural or manmade factors pollution control, Water supply. • U.S. mail or hand-delivery: Public affecting its continued existence. Dated: March 10, 2010. Comments Processing, Attn: FWS-R4- (3) The potential effects of climate Lisa P. Jackson, ES-2010-0011; Division of Policy and change on this species and its habitat. Administrator. Directives Management; U.S. Fish and If, we determine that listing the Berry [FR Doc. 2010–5697 Filed 3–17–10; 8:45 am] Wildlife Service; 4401 N. Fairfax Drive, Cave salamander is warranted, it is our Suite 222; Arlington, VA 22203. BILLING CODE 6560–50–P intent to propose critical habitat to the We will post all information received maximum extent prudent and on http://www.regulations.gov. This determinable at the time we propose to generally means that we will post any DEPARTMENT OF THE INTERIOR list the species. Therefore, with regard personal information you provide us to areas within the geographical range Fish and Wildlife Service (see the Information Requested section currently occupied by the Berry Cave below for more details). salamander, we also request data and 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: information on what may constitute Mary E. Jennings, Field Supervisor, physical or biological features essential [Docket No. FWS-R4-ES-2010-0011] Cookeville Ecological Services Field to the conservation of the species, where [MO 92210-0-0008-B2] Office, 446 Neal Street, Cookeville, TN, these features are currently found, and Endangered and Threatened Wildlife 38501; by telephone (931-528-6481); or whether any of these features may and Plants; 90-Day Finding on a by facsimile (931-528-7075). Persons require special management Petition to List the Berry Cave who use a telecommunications device considerations or protection. Salamander as Endangered for the deaf (TDD) may call the Federal In addition, we request data and Information Relay Service (FIRS) at 800- information regarding whether there are AGENCY: Fish and Wildlife Service, 877-8339. areas outside the geographical area Interior. SUPPLEMENTARY INFORMATION: occupied by the species that are essential for the conservation of the ACTION: Notice of petition finding and Information Requested initiation of status review. species. Please provide specific When we make a finding that a comments and information as to what, SUMMARY: We, the U.S. Fish and petition presents substantial if any, critical habitat you think we Wildlife Service, announce a 90–day information indicating that listing a should propose for designation if the finding on a petition to list the Berry species may be warranted, we are species is proposed for listing, and why Cave salamander (Gyrinophilus required to promptly review the status such habitat meets the requirements of gulolineatus) as endangered under the of the species (status review). For the the Act. Endangered Species Act of 1973, as status review to be complete and based Please include sufficient information amended. Based on our review, we find on the best available scientific and with your submission (such as scientific that the petition presents substantial commercial information, we request journal articles, other supporting scientific or commercial information information on the Berry Cave publications, or data) to allow us to VerDate Nov<24>2008 12:44 Mar 17, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\18MRP1.SGM 18MRP1 pwalker on DSK8KYBLC1PROD with PROPOSALS Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules 13069 verify any scientific or commercial status of the species, which is these differences and its apparent information you include. subsequently summarized in our 12– isolation from other members of the Submissions merely stating support month finding. group, Collins (1991, p. 43) for or opposition to the action under recommended that this subspecies be Petition History consideration, without providing recognized as a distinct species (G. supporting information, although noted, On January 22, 2003, we received a gulolineatus). will not be considered in making a petition dated January 15, 2003, from The Berry Cave salamander is determination. Section 4(b)(1)(A) of the Dr. John Nolt, University of Tennessee restricted to the Ridge and Valley Act directs that determinations as to – Knoxville, requesting that we list the Physiographic Province of eastern whether any species is an endangered or Berry Cave salamander as endangered Tennessee. It has been reported from threatened species must be made ‘‘solely under the Act. The petition clearly Berry Cave, which is located south of on the basis of the best scientific and identified itself as such and included Knoxville, Tennessee; from Mud Flats, commercial data available.’’ the requisite identification information Meades Quarry, and Cruze Caves in You may submit your information for the petitioner, as required in 50 CFR Knoxville; and from an unknown cave concerning this status review by one of 424.14(a). In a February 24, 2003, letter in the Athens, Tennessee, area. The the methods listed in the ADDRESSES to the petitioner, we responded that we Athens record is based solely on three section. If you submit information via had reviewed the petition but that, due specimens collected in a roadside ditch http://www.regulations.gov, your entire to court orders and settlement that are presumed to have washed out submission—including any personal agreements for other listing and critical of a cave during flooding (Brandon identifying information—will be posted habitat actions that required nearly all 1965, pp. 348–349). The species has not on the website. If you submit a of our listing and critical habitat been observed in the Athens area since hardcopy that includes personal funding for fiscal year 2003, we would 1953. identifying information, you may not be able to further address the request at the top of your document that petition at that time. Evaluation of Information for This we withhold this personal identifying Finding Species Information information from public review. Section 4 of the Act (16 U.S.C. 1533) However, we cannot guarantee that we The Berry Cave salamander and its implementing regulations at 50 will be able to do so. We will post all (Gyrinophilus gulolineatus) was CFR 424 set forth the procedures for recognized as a distinct aquatic cave- hardcopy submissions on http:// adding species to, or removing a species dependant taxon when it was