Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Proposed Rules 36035 Dated: June 18, 2010. We will not accept e-mail or faxes. We size of these species, including the Gina McCarthy, will post all comments on http:// locations of any additional populations Assistant Administrator, Office of Air and www.regulations.gov. This generally of the species; Radiation. means that we will post any personal (3) Any additional information on the [FR Doc. 2010–15340 Filed 6–23–10; 8:45 am] information you provide us (see the biological or ecological requirements of BILLING CODE 6560–50–P Request for Public Comments section the species; below for more information). (4) Current or planned activities in the FOR FURTHER INFORMATION CONTACT: For areas occupied by the species and possible impacts of these activities on DEPARTMENT OF THE INTERIOR information regarding the Cumberland darter, contact Lee Andrews, Field the species and their habitat; (5) Potential effects of climate change Fish and Wildlife Service Supervisor, U.S. Fish and Wildlife on the species and their habitats; Service, Kentucky Ecological Services (6) The reasons why areas should or 50 CFR Part 17 Field Office, J.C. Watts Federal should not be designated as critical Building, 330 W. Broadway Rm. 265, habitat as provided by section 4 of the [Docket No. FWS-R4-ES-2010-0027] Frankfort, KY 40601; telephone 502- [MO 92210-0-0008-B2] Act (16 U.S.C. 1531, et seq.), including 695-0468; facsimile 502-695-1024. For whether the benefits of designation RIN 1018-AV85 information regarding the rush darter, would outweigh threats to the species contact Stephen Ricks, Field Supervisor, that designation could cause (e.g., Endangered and Threatened Wildlife U.S. Fish and Wildlife Service, exacerbation of existing threats, such as and Plants; Listing the Cumberland Mississippi Ecological Services Field overcollection), such that the Darter, Rush Darter, Yellowcheek Office, 6578 Dogwood View Parkway, designation of critical habitat is Darter, Chucky Madtom, and Laurel Suite A, Jackson, MI 39213; telephone prudent; and . Dace as Endangered Throughout Their 601-965-4900; facsimile 601-965-4340 or (7) Specific information on: Ranges Bill Pearson, Field Supervisor, U.S. Fish • What areas contain physical and and Wildlife Service, Alabama biological features essential for the AGENCY: Fish and Wildlife Service, Ecological Services Field Office, 1208-B Interior. conservation of the species; Main Street, Daphne AL 36526; • What areas are essential to the ACTION: Proposed rule; request for telephone 251-441-5181; fax 251-441- conservation of the species; and public comments. 6222. For information regarding the • Special management considerations or yellowcheek darter, contact Mark protection that proposed critical SUMMARY: We, the U.S. Fish and Sattelberg, Field Supervisor, U.S. Fish habitat may require. Wildlife Service (Service), propose to and Wildlife Service, Arkansas list the Cumberland darter (Etheostoma Please note that submissions merely Ecological Services Field Office, 110 stating support for or opposition to the susanae), rush darter (Etheostoma South Amity Road, Suite 300, Conway, phytophilum), yellowcheek darter action under consideration without AR 72032; telephone 501-513-4470; providing supporting information, (Etheostoma moorei), chucky madtom facsimile 501-513-4480. For information (Noturus crypticus), and laurel dace although noted, will not be considered regarding the chucky madtom or laurel in making a determination, as section (Phoxinus saylori) as endangered under dace, contact Mary Jennings, Field the Endangered Species Act of 1973, as 4(b)(1)(A) of the Act directs that Supervisor, U.S. Fish and Wildlife determinations as to whether any amended (Act). If we finalize this rule Service, Tennessee Ecological Services as proposed, it would extend the Act’s species is a threatened or endangered Field Office, 446 Neal Street, species mush be made ‘‘solely on the protections to these species throughout Cookeville, TN 38501; telephone 931- their ranges, including, Cumberland basis of the best scientific and 528-6481; facsimile 931-528-7075. If you ’’ darter in Kentucky and Tennessee, rush commercial data available. use a telecommunications device for the You may submit your comments and darter in Alabama, yellowcheek darter deaf (TDD), call the Federal Information materials concerning this proposed rule in Arkansas, and chucky madtom and Relay Service (FIRS) at 800-877-8339. by one of the methods listed in the laurel dace in Tennessee. We have SUPPLEMENTARY INFORMATION: ADDRESSES section. We will not accept determined that critical habitat for these comments sent by e-mail or fax or to an species is prudent, but not determinable Request for Public Comments address not listed in the ADDRESSES at this time. We intend that any final action section. DATES: We will consider comments we resulting from this proposed rule will be We will post your entire comment, receive on or before August 23, 2010. based on the best scientific and including your personal identifying We must receive requests for public commercial data available and as information, on http:// hearings, in writing, at the address accurate and effective as possible. www.regulations.gov. If you provide shown in the ADDRESSES section by Therefore, we request comments or personal identifying information in your August 9, 2010. information from the public, other hard copy comments, such as your ADDRESSES: You may submit comments concerned governmental agencies, the street address, phone number, or e-mail by one of the following methods: scientific community, industry, or any address, you may request at the top of Federal eRulemaking Portal: http:// other interested party concerning this your document that we withhold this www.regulations.gov. Follow the proposed rule. We particularly seek information from public review. instructions for submitting comments. comments concerning: However, we cannot guarantee that we U.S. mail or hand-delivery: Public (1) Biological, commercial trade, or will be able to do so. We will post all Comments Processing, Attn: [Docket No. other relevant data concerning any hardcopy submissions on http:// FWS-R4-ES-2010-0027]; Division of threats (or lack thereof) to these species www.regulations.gov. Please include Policy and Directives Management, U.S. and regulations that may be addressing sufficient information with your Fish and Wildlife Service, 4401 N. those threats; comments to allow us to verify any Fairfax Drive, Suite 222, Arlington, VA (2) Additional information concerning scientific or commercial information 22203. the ranges, distribution, and population you include. VerDate Mar<15>2010 14:58 Jun 23, 2010 Jkt 220001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\24JNP1.SGM 24JNP1 cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1 36036 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Proposed Rules Comments and materials we receive, Thomas (2007, p. 4) did not encounter (Strange 1998, p. 101). Thomas (2007, p. as well as supporting documentation we the species in high-gradient sections of 3) provided the most recent information used in preparing this proposed rule, streams or areas dominated by cobble or on status and distribution of the species will be available for public inspection boulder substrates. Thomas (2007, p. 4) through completion of a range-wide on http://www.regulations.gov, or by reported that streams inhabited by status assessment in the upper appointment, during normal business Cumberland darters were second to Cumberland River drainage in hours, at the U.S. Fish and Wildlife fourth order, with widths ranging from Kentucky. Between June 2005 and April Service, Tennessee Ecological Services 4 to 9 meters (m) (11 to 30 feet (ft)) and 2007, a total of 47 sites were sampled Field Office (see FOR FURTHER depths ranging from 20 to 76 cm (8 to qualitatively in the upper Cumberland INFORMATION CONTACT section). 30 in). River drainage. All Kentucky sites with Little is known regarding the historic records were surveyed (20 Background reproductive habits of the Cumberland sites), as well as 27 others having Species Information darter. Thomas (2007, p. 4) reported the potentially suitable habitat. Surveys by collection of males in breeding Thomas (2007, p. 3) produced a total of Cumberland darter condition in April and May, with water 51 specimens from 13 localities (12 The Cumberland darter, Etheostoma temperatures ranging from 15 to 18o streams). Only one of the localities susanae (Jordan and Swain), is a Celsius (C) (59 to 64o Fahrenheit (F)). represented a new occurrence record for medium-sized member of the fish tribe Extensive searches by Thomas (2007, p. the species. Etheostomatini (Family Percidae) that 4) produced no evidence of nests or eggs Currently, the Cumberland darter is reaches over 5.5 centimeters (cm) (2 at these sites. Species commonly known from 14 localities in a total of 12 inches (in)) standard length (SL) (SL, associated with the Cumberland darter streams in Kentucky (McCreary and length from tip of snout to start of the during surveys by Thomas (2007, pp. 4– Whitley Counties) and Tennessee caudal peduncle (slender region 5) were creek chub (Semotilus (Campbell and Scott Counties). All 14 extending from behind the anal fin to atromaculatus), northern hogsucker extant occurrences of the Cumberland the base of the caudal fin)) (Etnier and (Hypentelium nigricans), stripetail darter are restricted to short stream Starnes 1993, pp. 512). The species has darter (Etheostoma kennicotti), and reaches, with the majority believed to be a straw-yellow background body color Cumberland arrow darter (Etheostoma restricted to less than 1.6 kilometers with brown markings that form six sagitta sagitta). Thomas (2007, p. 5) (km) (1 mile (mi)) of stream (O’Bara evenly spaced dorsal (back) saddles and collected individuals of the Federally 1991, pp. 9–10; Thomas 2007, p. 3). a series of X-, C-, or W-shaped markings threatened blackside dace, Phoxinus These occurrences are thought to form on its sides (Etnier and Starnes 1993, p.