Vol. 76 Wednesday No. 12 January 19, 2011 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status for the Sheepnose and Spectaclecase Mussels; Proposed Rule VerDate Mar 15 2010 21:27 Jan 18, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 7217 Sfmt 7217 E:\FR\FM\PARTS4.XXX PARTS4 EMCDONALD on DSK2BSOYB1PROD with MISCELLANEOUS NARA.EPS FR.EPS 3392 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: species is an endangered or threatened Richard Nelson, Field Supervisor, at the species must be made ‘‘solely on the Fish and Wildlife Service U.S. Fish and Wildlife Service, Rock basis of the best scientific and Island, Illinois Ecological Services Field commercial data available.’’ 50 CFR Part 17 Office, 1511 47th Avenue, Moline, IL You may submit your comments and [Docket No. FWS–R3–ES–2010–0050; MO 61265 (telephone 309–757–5800). materials concerning this proposed rule 92210–0–0008–B2] SUPPLEMENTARY INFORMATION: by one of the methods listed in the RIN 1018–AV93 Public Comments ADDRESSES section. We will not accept comments sent by e-mail or fax or to an Endangered and Threatened Wildlife Our intent is to use the best available address not listed in the ADDRESSES and Plants; Endangered Status for the commercial and scientific data as the section. Comments must be submitted to Sheepnose and Spectaclecase foundation for all endangered and http://www.regulations.gov before 11:59 Mussels threatened species classification (Eastern Time) on the date specified in decisions. We request comments or the DATES section. We will not consider AGENCY: Fish and Wildlife Service, suggestions from other concerned hand-delivered comments that we do Interior. governmental agencies, the scientific not receive, or mailed comments that ACTION: Proposed rule. community, industry, or any other are not postmarked, by the date interested party concerning this specified in the DATES section. SUMMARY: We, the U.S. Fish and proposed rule to list the spectaclecase Wildlife Service (Service), propose to and sheepnose mussels as endangered. We will post your entire comment— list two freshwater mussels, the We particularly seek comments including your personal identifying spectaclecase mussel (Cumberlandia concerning: information—on http://www. monodonta) and sheepnose (1) Biological, commercial trade, or regulations.gov. If you provide personal (Plethobasus cyphyus) as endangered other relevant data concerning any identifying information in your under the Endangered Species Act of threats (or lack thereof) to the species comment, you may request at the top of 1973, as amended (Act). If we finalize and regulations that may be addressing your document that we withhold this this rule as proposed, it would extend those threats. information from public review. the Act’s protections to these species (2) Additional information concerning However, we cannot guarantee that we throughout their ranges, including the ranges, distributions, and will be able to do so. sheepnose in Alabama, Illinois, Indiana, population sizes of the species, Comments and materials we receive, Iowa, Kentucky, Minnesota, Mississippi, including the locations of any as well as supporting documentation we Missouri, Ohio, Pennsylvania, additional populations of these species. used in preparing this proposed rule, Tennessee, Virginia, West Virginia, and (3) Any additional information on the will be available for public inspection Wisconsin, and spectaclecase in biological or ecological requirements of on http://www.regulations.gov, or by Alabama, Arkansas, Illinois, Indiana, these species. appointment, during normal business Iowa, Kentucky, Kansas, Minnesota, (4) Current or planned activities in the hours at the Rock Island, Illinois Missouri, Nebraska, Ohio, Tennessee, areas occupied by these species and Ecological Services Field Office (see the Virginia, West Virginia, and Wisconsin. possible impacts of these activities on FOR FURTHER INFORMATION CONTACT We determined that critical habitat for the species and their habitats. section). these species is prudent, but not (5) Potential effects of climate change determinable at this time. The Service on these species and their habitats. Public Hearing seeks data and comments from the (6) The reasons why areas should or The Act provides for one or more public on this proposed listing rule. should not be designated as critical public hearings on this proposal, if DATES: We will consider comments and habitat as provided by section 4 of the requested. Requests must be received by information we receive from all Act (16 U.S.C. 1531 et seq.), including March 7, 2011. Such requests must be interested parties by March 21, 2011. whether the benefits of designation made in writing and be addressed to the We must receive requests for public would outweigh threats to the species Field Supervisor at the address hearings, in writing, at the address that designation could cause (e.g., provided in the FOR FURTHER shown in the FOR FURTHER INFORMATION exacerbation of existing threats, such as INFORMATION CONTACT section. We will CONTACT section by March 7, 2011. overcollection), such that the schedule public hearings on this ADDRESSES: You may submit comments designation of critical habitat is proposal, if any are requested, and by one of the following methods: prudent. announce the dates, times, and places of • Federal eRulemaking Portal: http:// (7) Specific information on: those hearings, as well as how to obtain www.regulations.gov. Follow the • What areas contain physical and reasonable accommodations, in the instructions for submitting comments biological features essential for the Federal Register and local newspapers on docket number FWS–R3–ES–2010– conservation of these species; at least 15 days before the hearing. 0050. • What areas are essential to the • U.S. mail or hand-delivery: Public conservation of these species and Persons needing reasonable Comments Processing, Attn: FWS–R3– • Special management considerations accommodations to attend and 2010–0050; Division of Policy and or protection that proposed critical participate in a public hearing should Directives Management; U.S. Fish and habitat may require. contact the Rock Island, Illinois Wildlife Service; 4401 North Fairfax Please note that submissions merely Ecological Services Field Office by Drive, Suite 222; Arlington, VA 22203. stating support for or opposition to the telephone at 309–757–5800, as soon as We will post all comments on http:// action under consideration without possible. To allow sufficient time to www.regulations.gov. This generally providing supporting information, process requests, please call no later means that we will post any personal although noted, will not be considered than one week before the hearing date. information you provide us (see Public in making a determination, as section Information regarding this proposed Comments section below for more 4(b)(1)(A) of the Act directs that rule is available in alternative formats information). determinations as to whether any upon request. VerDate Mar<15>2010 18:16 Jan 18, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\19JAP2.SGM 19JAP2 EMCDONALD on DSK2BSOYB1PROD with MISCELLANEOUS Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules 3393 Background (Parmalee & Bogan 1998, p. 50). The central tubercles, and its general shape. shell commonly will crack posteriorly Oesch (1984, p. 120) and Parmalee and Species Descriptions when dried (Oesch 1984, p. 31). Bogan (1998, p. 176), describe the The spectaclecase (Cumberlandia Internally, the single pseudocardinal sheepnose as a medium-sized mussel monodonta) is a member of the mussel tooth (a triangular tooth-like structure that reaches nearly 5 inches (13 cm) in family Margaritiferidae and was along the hinge line of the internal length. The shell is elongate ovate in originally described as Unio monodonta portion of the shell) is simple and peg- shape, moderately inflated, and with Say, 1829. The type locality is the Falls like in the right valve, fitting into a thick, solid valves. The anterior end of of the Ohio (on the Ohio River in the depression in the left (Parmalee & Bogan the shell is rounded, but the posterior vicinity of Louisville, Kentucky, and 1998, p. 50). The lateral teeth are end is somewhat bluntly pointed to adjacent Indiana), and the Wabash River straight and single in the right valve, truncate. The dorsal margin of the shell (probably the lower portion in Illinois and double in the left valve but become is nearly straight, while the ventral and Indiana) (Parmalee and Bogan 1998, fused with age into an indistinct raised margin is uniformly rounded or slightly p. 49). Parmalee and Bogan (1998, p. 49) hinge line (Parmalee & Bogan 1998, p. convex. The posterior ridge is gently summarized the synonymy of the 50). The soft anatomy was described by rounded, becoming flattened ventrally spectaclecase. The species has been Williams et al. (2008, pp. 497–498). The and somewhat biangular. There is a row placed in the genera Unio, Margaritana, color of the nacre (interior covering of of large, broad tubercular swellings on Alasmidonta, Margarita, Margaron, and the shell) is white, occasionally granular the center of the shell extending from Margaritifera at various times in history. and pitted, mostly iridescent in young the beak to the ventral margin. A broad, Ortmann (1912, p. 13) placed it in the specimens, but becoming iridescent shallow sulcus (depression on furrow monotypic (a taxonomic group with posteriorly in older shells (Parmalee & on the outside surface of shell) lies only one biological type) genus Bogan 1998, p. 50). There are no between the posterior ridge and central Cumberlandia in the family differences between the sexes in the row. Beaks are elevated, high, and Margaritiferidae. Currently recognized shells of this species (Baird 2000, p. 19). placed near the anterior margin. synonymy includes Unio soleniformis Key characters for distinguishing the Juvenile beak sculpture consists of a few (Lea).