Federal Register/Vol. 72, No. 175/Tuesday

Federal Register/Vol. 72, No. 175/Tuesday

51766 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ground Communities affected Effective Modified ADDRESSES Eastern Band of Cherokee Indians Maps are available for inspection at Ginger Lynn Welch Complex, 810 Aquona Road, Cherokee, North Carolina. Send comments to Mr. Michell Hicks, Principal Chief for the Eastern Band of Cherokee Indians, P.O. Box 455, Cherokee, North Carolina 28719. Graham County Maps are available for inspection at Graham County Mapping Department, 12 North Main Street, Robbinsville, North Carolina. Send comments to Mrs. Sandra Smith, Graham County Manager, 12 North Main Street, Robbinsville, North Carolina 28771. Town of Lake Santeetlah Maps are available for inspection at Lake Santeetlah Town Hall, 4 Marina Drive, Lake Santeetlah, North Carolina. Send comments to The Honorable Harding Hohenschutz, Mayor of the Town of Lake Santeetlah, 4 Marina Drive, Lake Santeetlah, North Caro- lina 28771. Town of Robbinsville Maps are available for inspection at Robbinsville Town Hall, 4 Court Street, Robbinsville, North Carolina. Send comments to The Honorable Bobby Cagle, Jr., Mayor of the Town of Robbinsville, P.O. Box 129, Robbinsville, North Carolina 28771. Moody County, South Dakota, and Incorporated Areas Big Sioux River ..................... Just upstream of County Highway 32 2500 feet up- None +1532 Unincorporated Areas of stream of First Avenue. None +1543 Moody County, City of Flandreau. * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Flandreau Maps are available for inspection at 1005 W. Elm Avenue, Planning and Zoning Department, Flandreau, SD 57028. Send comments to The Honorable Warren Ludeman, Mayor, City of Flandreau, 1005 W. Elm Avenue, PO Box 343, Flandreau, SD 57028. Unincorporated Areas of Moody County Maps are available for inspection at 101 E. Pipestone Avenue, Suite E, Flandreau, SD 57028. Send comments to Ms. Brenda Duncan, Planning and Zoning Secretary, 101 E. Pipestone Avenue, Suite E, Flandreau, SD 57028. (Catalog of Federal Domestic Assistance No. SUMMARY: We, the U.S. Fish and normal business hours at the 97.022, ‘‘Flood Insurance.’’) Wildlife Service (Service), announce a Chesapeake Bay Field Office, U.S. Fish Dated: August 31, 2007. 90-day finding on a petition to list the and Wildlife Service, 177 Admiral David I. Maurstad, Kenk’s amphipod (Stygobromus kenki), Cochrane Drive, Annapolis, MD 21401. Federal Insurance Administrator of the the Virginia well amphipod New information, materials, comments, National Flood Insurance Program, (Stygobromus phreaticus), and the or questions concerning this species Department of Homeland Security, Federal copepod Acanthocyclops columbiensis may be submitted to us at any time at Emergency Management Agency. as endangered under the Endangered the above address. [FR Doc. E7–17821 Filed 9–10–07; 8:45 am] Species Act of 1973, as amended. We FOR FURTHER INFORMATION CONTACT: John BILLING CODE 9110–12–P find the petition does not provide Wolflin, Field Supervisor, Chesapeake substantial scientific or commercial Bay Field Office (see ADDRESSES) information indicating that listing of (telephone 410–573–4574; facsimile these three crustaceans may be DEPARTMENT OF THE INTERIOR 410–269–0832). People who use a warranted. Therefore, we will not telecommunications device for the deaf initiate a further status review in Fish and Wildlife Service (TDD) may call the Federal Information response to this petition. We ask the Relay Service (FIRS) at 800–877–8339. public to submit to us any new 50 CFR Part 17 information that becomes available SUPPLEMENTARY INFORMATION: Endangered and Threatened Wildlife concerning the status of these species, Background and Plants; 90-Day Finding on a or threats to them or their habitat, at any time. This information will help us Section 4(b)(3)(A) of the Endangered Petition To List Kenk’s Amphipod, Species Act, as amended (Act) (16 Virginia Well Amphipod, and the monitor and encourage the conservation of these species. U.S.C. 1531 et seq.), requires that the Copepod Acanthocyclops Service make a finding on whether a columbiensis as Endangered DATES: The finding announced in this petition to list, delist, or reclassify a document was made on September 11, species presents substantial scientific or AGENCY: Fish and Wildlife Service, 2007. Interior. commercial information indicating that ADDRESSES: The supporting file for this the petitioned action may be warranted. ACTION: Notice of 90-day petition finding is available for public We base this finding on information finding. inspection, by appointment, during provided in the petition, supporting VerDate Aug<31>2005 17:19 Sep 10, 2007 Jkt 211001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 yshivers on PROD1PC62 with PROPOSALS Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules 51767 information submitted with the petition a magnitude that would justify Threats Analysis (and determined to be reliable after emergency listing. The Service sent Section 4 of the Act and its review), and information available in letters to Dr. Mitchell on April 17 and implementing regulations (50 CFR Part our files or otherwise available to us at June 14, 2001, and to Mr. Gordon on 424) set forth the procedures for adding the time we make the determination. To August 1, 2001, explaining this species to the Federal Lists of the maximum extent practicable, we are determination. Endangered and Threatened Wildlife to make this finding within 90 days of Species Information and Plants. A species may be our receipt of the petition and promptly determined to be an endangered or Amphipods of the genus Stygobromus publish our notice of the finding in the threatened species due to one or more occur in groundwater or groundwater- Federal Register. of the five factors described in section related habitats (for example, caves, Our standard for substantial scientific 4(a)(1) of the Act: (A) Present or seeps, small springs, wells, interstices, or commercial information within the threatened destruction, modification, or and rarely deep lakes). They are small Code of Federal Regulations (CFR) with curtailment of habitat or range; (B) crustaceans modified for survival in regard to a 90-day petition finding is overutilization for commercial, these subterranean habitats; they are ‘‘that amount of information that would recreational, scientific, or educational generally eyeless and unpigmented lead a reasonable person to believe that purposes; (C) disease or predation; (D) (Holsinger 1978, pp. 1–2). Members of the measure proposed in the petition inadequacy of existing regulatory this genus occur only in fresh water and may be warranted’’ (50 CFR 424.14(b)). mechanisms; or (E) other natural or belong to the family Crangonyctidae, the If we find that substantial scientific or manmade factors affecting its continued largest family of freshwater amphipods commercial information was presented, existence. In making this finding, we in North America. Both Kenk’s we are required to promptly commence evaluated whether threats to the three amphipod and Virginia well amphipod a status review of the species. invertebrates presented in the petition In making this finding, we relied on were described by Dr. John R. Holsinger and identified in other information information provided by Dr. Richard (Holsinger 1978, pp. 39–42, 98–101) and available to us may pose a concern with Mitchell and Mr. Rob Gordon (herein occur in seeps and springs. The Kenk’s respect to the species’ survival. Our referred to as ‘‘the petitioners’’) in the amphipod was historically reported evaluation of these threats is presented initial petition and petition supplement (tentative identification) from a well in below. In the discussion below, we have that we determined to be reliable after northern Virginia, and the Virginia well placed the threats listed in the petition reviewing sources referenced in the amphipod was reported historically under the most appropriate listing petition, and information otherwise from two wells in northern Virginia. available in our files at the time of the The specific name phreaticus indicates factor. petition review. We evaluated this that this species is most likely to be A. Present or Threatened Destruction, information in accordance with 50 CFR found in deeper groundwater habitats. Modification, or Curtailment of the 424.14(b). Our process of making a 90- Both species can be found in dead Species’ Habitat or Range day finding under section 4(b)(3)(A) of leaves or fine sediment submerged in the Act and § 424.14(b) of our the waters of their spring-seep outflows General regulations is limited to a determination (Holsinger 1978, p. 130). The two sites The petitioners state that rapid of whether the information in the mentioned in the petitions and the commercial and residential petition meets the ‘‘substantial additional four known sites for Kenk’s development over the last 20 years in [scientific or commercial] information’’ amphipod are seeps in the Rock Creek the metropolitan Washington, DC, area threshold. The substantiality test is drainage in Washington, DC, and has destroyed numerous seeps, springs, applied only to the reliable information Montgomery County, MD (Feller 2005, and bogs associated with the Coastal supporting the petition. p. 11). The

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