Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Proposed Rules 32911 Authority: 49 U.S.C. 31133, 31136, 31151, DEPARTMENT OF THE INTERIOR deaf (TDD), please call the Federal and 31502; and 49 CFR 1.73. Information Relay Service (FIRS) at Fish and Wildlife Service 800–877–8339. 4. Revise § 396.11(b) to read as SUPPLEMENTARY INFORMATION: follows: 50 CFR Part 17 Background § 396.11 Driver vehicle inspection [Docket No. FWS–R4–ES–2010–0007; MO report(s). 92210–0–0008 B2] Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) requires that, for * * * * * Endangered and Threatened Wildlife any petition to revise the Federal Lists (b) Report content. (1) The report shall and Plants; 12-Month Finding on a of Threatened and Endangered Wildlife identify the vehicle and list any defect Petition To List the Striped Newt as and Plants that contains substantial or deficiency discovered by or reported Threatened scientific or commercial information to the driver that would affect the safety that listing a species may be warranted, of operation of the vehicle or result in AGENCY: Fish and Wildlife Service, we make a finding within 12 months of its mechanical breakdown. Interior. the date of receipt of the petition. In this ACTION: Notice of 12-month petition finding, we determine whether the (2) For vehicles other than intermodal finding. petitioned action is: (a) Not warranted, equipment tendered by intermodal (b) warranted, or (c) warranted, but equipment providers, if no defect or SUMMARY: We, the U.S. Fish and immediate proposal of a regulation deficiency is discovered by or reported Wildlife Service (Service), announce a implementing the petitioned action is to the driver, the written report shall so 12-month finding on a petition to list precluded by other pending proposals to indicate. the striped newt (Notophthalmus determine whether species are (3) For intermodal equipment perstriatus) as threatened under the threatened or endangered, and tendered by intermodal equipment Endangered Species Act of 1973, as expeditious progress is being made to providers, if no defects or deficiencies amended (Act). After review of all add or remove qualified species from are discovered by or reported to the available scientific and commercial the Federal Lists of Endangered and information, we find that listing the driver, no written report is required. Threatened Wildlife and Plants. Section striped newt as endangered or 4(b)(3)(C) of the Act requires that we (4) In all instances where a written threatened is warranted. Currently, treat a petition for which the requested driver vehicle inspection report is however, listing the striped newt is action is found to be warranted but required, the driver shall sign the report. precluded by higher priority actions to precluded as though resubmitted on the On two-driver operations, only one amend the Lists of Endangered and date of such finding, that is, requiring a driver needs to sign, provided both Threatened Wildlife and Plants. Upon subsequent finding to be made within drivers agree as to the defects or publication of this 12-month petition 12 months. We must publish these 12- deficiencies identified. If a driver finding, we will add the striped newt to month findings in the Federal Register. our candidate species list. We will operates more than one vehicle during Previous Federal Actions the day, a report shall be prepared for develop a proposed rule to list the each vehicle operated. striped newt as our priorities allow. We On July 14, 2008, we received a petition dated July 10, 2008, from Dr. D. * * * * * will make any determination on critical habitat during development of the Bruce Means, Ryan C. Means, and 5. Revise § 396.12(b)(4) to read as proposed listing rule. During any Rebecca P.M. Means of the Coastal follows: interim period, we will address the Plains Institute and Land Conservancy status of the candidate taxon through (CPI), requesting that the striped newt § 396.12 Procedures for intermodal (Notophthalmus perstriatus) be listed as equipment providers to accept reports our annual Candidate Notice of Review (CNOR). threatened under the Act. Included in required by § 390.42 (b) of this chapter. the petition was supporting information DATES: The finding announced in this * * * * * regarding the species’ taxonomy, document was made on June 7, 2011. (b) * * * biology, historical and current ADDRESSES: This finding is available on distribution, and present status, as well (4) All damage, defects, or the Internet at http:// as a summary of actual and potential deficiencies of the intermodal www.regulations.gov at Docket Number threats. We acknowledged the receipt of equipment must be reported to the FWS–R4–ES–2010–0007. Supporting the petition in a letter to petitioners equipment provider by the motor carrier documentation we used in preparing dated August 15, 2008. In that letter we or its driver. If no defect or deficiency this finding is available for public also stated that we could not address in the intermodal equipment is inspection, by appointment, during their petition at that time because discovered by or reported to the driver, normal business hours at the U.S. Fish responding to existing court orders and no written report is required. and Wildlife Service, North Florida settlement agreements for other listing * * * * * Field Office, 7915 Baymeadows Way, actions required nearly all of our listing Suite 200, Jacksonville, FL 32256. funding. Issued on: May 27, 2011. Please submit any new information, Funding became available to begin Anne S. Ferro, materials, comments, or questions processing the petition in early 2010. Administrator, FMCSA. concerning this finding to the above On March 23, 2010, we published a 90- [FR Doc. 2011–13935 Filed 6–6–11; 8:45 am] street address. day finding (75 FR 13720) that the BILLING CODE 4910–EX–P FOR FURTHER INFORMATION CONTACT: petition presented substantial Dave Hankla, Field Supervisor, North information indicating that listing the Florida Field Office (see ADDRESSES); by striped newt may be warranted and that telephone at (904) 731–3336; or by we were initiating a status review, for facsimile at (904) 731–3045. If you use which we would accept public a telecommunications device for the comments until May 24, 2010. This VerDate Mar<15>2010 17:26 Jun 06, 2011 Jkt 223001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1 emcdonald on DSK2BSOYB1PROD with PROPOSALS 32912 Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Proposed Rules notice constitutes the 12-month finding 2001, pp. 115–116; May et al. undated, Aquatic and breeding adults occur in on the July 14, 2008, petition to list the unpublished report). One region isolated, temporary ponds associated striped newt as threatened. consists of populations located in with well-drained sands. Sexually peninsular Florida and southeastern mature adults migrate to these breeding Species Information Georgia, and the other region consists of ponds, which lack predatory fish, and Our 90-day finding summarized much populations located in northwestern courtship, copulation, and egg-laying of the current literature regarding the Florida and southwestern Georgia (Dodd take place there. Females lay eggs one striped newt’s distribution, habitat and LaClaire 1995, p. 42; Franz and at a time and attach them to aquatic requirements, and life history, and may Smith 1999, p. 13). May et al. (2010, vegetation or other objects in the water. be reviewed for detailed information (75 undated, unpublished report) found that It may take one female several months FR 13720, March 23, 2010). Below, we there is gene flow between localities to lay all of her eggs (Johnson 2005, p. briefly summarize previously presented within each region, but none were 94). Eggs hatch and develop into information, and provide new shared between regions. Johnson (2001, externally-gilled larvae in the temporary information that we believe is relevant pp. 107, 113–115) found genetic pond environment. to understanding our analysis of the exchange between populations is Once larvae reach a size suitable for factors affecting the striped newt. minimal or nonexistent due to upland metamorphosis, they may either Taxonomy and Species Description habitat fragmentation that has limited undergo metamorphosis and exit the long-distance dispersals and restricted pond as immature, terrestrial efts, or There are three species of gene flow. In 2001, Johnson (2001, p. remain in the pond and eventually Notophthalmus found in North 115) found there was enough genetic mature into gilled, aquatic adults America. These include the eastern red divergence to show that the western (paedomorphs) (Petranka 1998, pp. 449– spotted newt (N. viridescens), the black- 450; Johnson 2005, p. 94). The spotted newt (N. meridionalis), and the region is different than the eastern regions. However, May et al. (2010, immature, terrestrial efts migrate into striped newt (N. perstriatus). The three the uplands where they mature into species are found in different areas unpublished report) did not find that there was sufficient genetic divergence terrestrial adults. Efts will remain in the throughout the United States and uplands until conditions are appropriate Mexico (Reilly 1990, p. 51). Reilly to support splitting eastern and western regions into separate species. (adequate rainfall) to return to the ponds (1990, p. 53), in his study of to reproduce. Johnson (2005, p. 94) May et al. (2010, unpublished report) Notophthalmus spp., found that N. found that 25 percent of larvae became ran niche-based distribution models that perstriatus and N. meridionalis are paedomorphs at his study pond. showed that there were significant distinct species that are more similar Paedomorphs will postpone climatic and environmental differences and phylogenetically more closely metamorphosis until after they have between the two regions when related than either is to N.