Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Bay Springs Salamander as Endangered, 67341-67343 [2010-27514]
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Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Proposed Rules
5–C225, 445 12th Street, SW.,
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heather.hendrickson@fcc.gov. Parties
shall also serve one copy with the
Commission’s copy contractor, Best
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34. Documents in WC Docket No.
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of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 154(j),
225, 251(e), and 255, and §§ 0.91, 0.141,
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Commission’s rules, 47 CFR 0.91, 0.141,
0.291, 0.361, 1.3, that this Notice of
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List of Subjects in 47 CFR Part 64
Telecommunications.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 64 as follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
jlentini on DSKJ8SOYB1PROD with PROPOSALS
1. The authority citation for part 64
continues to read as follows:
Authority: 47 U.S.C. 154, 254(k); secs. 403
(b)(2)(B), Pub. L. 104–104, 110 Stat. 56.
Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 228, and 254(k) unless otherwise
noted.
2. Section 64.611 is amended by
redesignating paragraphs (e) and (f) as
paragraphs (f) and (g), by adding a new
paragraph (e) and by adding paragraph
(g)(1)(v) and (g)(1)(vi) to read as follows:
20:58 Nov 01, 2010
Jkt 223001
Internet-based TRS registration.
*
*
*
*
*
(e) Toll free numbers. A VRS or IP
Relay provider:
(1) May not assign or issue a toll free
number to any VRS or IP Relay user.
(2) That has already assigned or
provided a toll free number to a VRS or
IP Relay user must, at the VRS or IP
Relay user’s request, facilitate the
transfer of the toll free number to a toll
free subscription with a toll free service
provider that is under the direct control
of the user.
(3) Must remove from the Internetbased TRS Numbering Directory any toll
free number that has not been
transferred to a subscription with a toll
free service provider and for which the
user is the subscriber of record as of
[end date of transition period].
*
*
*
*
*
(g) * * *
(1) * * *
(v) The process by which a VRS or IP
Relay user may acquire a toll free
number from a toll free service provider,
or transfer control of a toll free number
from a VRS or IP Relay provider to the
user; and
(vi) The process by which persons
holding a toll free number may have
that number linked to their ten-digit
telephone number in the TRS
Numbering Directory.
*
*
*
*
*
3. Section 64.613 is amended by
redesignating paragraph (a)(3) as (a)(4),
by revising paragraphs (a)(1) and (a)(2),
and by adding a new paragraph (a)(3) to
read as follows:
§ 64.613 Numbering directory for Internetbased TRS users.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
VerDate Mar<15>2010
§ 64.611
(a) * * *
(1) The TRS Numbering Directory
shall contain records mapping the
geographically appropriate NANP
telephone number of each Registered
Internet-based TRS User to a unique
Uniform Resource Identifier (URI).
(2) For each record associated with a
VRS user’s geographically appropriate
NANP telephone number, the URI shall
contain the IP address of the user’s
device. For each record associated with
an IP Relay user’s geographically
appropriate NANP telephone number,
the URI shall contain the user’s user
name and domain name that can be
subsequently resolved to reach the user.
(3) As of [date reserved], Internetbased TRS providers must ensure that
the toll free number of a user that is
associated with a geographically
appropriate NANP number will be
associated with the same URI as that
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67341
geographically appropriate NANP
telephone number.
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[FR Doc. 2010–27578 Filed 11–1–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2010–0055; MO–
92210–0–0008–B2]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List the Bay Springs
Salamander as Endangered
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding.
SUMMARY: We, the U.S. Fish and
Wildlife Service, announce a 90-day
finding on a petition to list the Bay
Springs salamander (Plethodon
ainsworthi) as endangered under the
Endangered Species Act of 1973, as
amended. Based on our review, we find
the petition does not present substantial
information indicating that listing may
be warranted at this time. Therefore, we
are not initiating a status review in
response to this petition. However, we
ask the public to submit to us any new
information that becomes available
concerning the status of, or threats to,
the Bay Springs salamander or its
habitat at any time.
DATES: The finding announced in this
document was made on November 2,
2010.
ADDRESSES: This finding is available on
the Internet at https://
www.regulations.gov at Docket Number
FWS–R4–ES–2010–0055. Supporting
documentation we used in preparing
this finding is available for public
inspection, by appointment, during
normal business hours at the U.S. Fish
and Wildlife Service, MS Field Office,
6578 Dogwood View Parkway, Jackson,
Mississippi 39213. Please submit any
new information, materials, comments,
or questions concerning this finding to
the above street address.
FOR FURTHER INFORMATION CONTACT:
Stephen Ricks, Field Supervisor,
Mississippi Field Office (see
ADDRESSES), by telephone (601–321–
1122), or by facsimile (601–965–4340).
If you use a telecommunications device
for the deaf (TDD), please call the
Federal Information Relay Service
(FIRS) at 800–877–8339.
E:\FR\FM\02NOP1.SGM
02NOP1
67342
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Proposed Rules
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered
Species Act of 1973, as amended (Act)
(16 U.S.C. 1531 et seq.) requires that we
make a finding on whether a petition to
list, delist, or reclassify a species
presents substantial scientific or
commercial information indicating the
petitioned action may be warranted. We
base this finding on information
provided in the petition, supporting
information submitted with the petition,
and information otherwise readily
available in our files. The Act requires,
to the maximum extent practicable, we
are to make this finding within 90 days
of our receipt of the petition, and
publish our notice of the finding
promptly in the Federal Register.
Our standard for substantial scientific
or commercial information within the
Code of Federal Regulations (CFR) with
regard to a 90-day petition finding is
‘‘that amount of information that would
lead a reasonable person to believe that
the measure proposed in the petition
may be warranted’’ (50 CFR 424.14(b)).
If we find that substantial scientific or
commercial information was presented,
the Act requires that we promptly
review the status of the species (status
review), which is subsequently
summarized in our 12-month finding.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Petition History
On February 6, 2006, we received a
petition, dated February 2, 2006, from
Mr. Jeremy Nichols, Denver, Colorado,
requesting that the Bay Springs
salamander (Plethodon ainsworthi) be
listed as endangered under the Act. The
petition clearly identified itself as such
and included the requisite identification
information for the petitioner, as
required at 50 CFR 424.14(a). In a March
3, 2006, letter to petitioner, we stated
that we did not have sufficient funds to
respond to the petition at that time due
to a significant number of court orders
and judicially approved settlement
agreements for other listing-related
actions, which had consumed nearly all
of our listing and critical habitat
funding for fiscal year 2006. On May 1,
2007, we notified Mr. Nichols, by letter,
that funding had become available to
complete this 90-day finding. This
finding addresses the petition.
Species Information
The Bay Springs salamander
(Plethodon ainsworthi) was described as
a species by Lazell (1998) from two
badly preserved specimens believed to
be collected in a single springhead in
1964 near the town of Bay Springs in
Jasper County, Mississippi (Lazell 1998,
VerDate Mar<15>2010
20:58 Nov 01, 2010
Jkt 223001
p. 967; MNHP 1999, p. 3). The Bay
Springs salamander was differentiated
from other members of the Plethodon
genus, or woodland salamanders, in its
very slender body shape, low costal
(side) groove count, and small legs.
Because the features of the more derived
groups within the genus are present,
Lazell (2005, p. 787) speculated that the
Bay Springs salamander is distinct and
may be close to the ancestral stock of
the genus. Based on these unique
features, Lazell (1998) recommended the
Bay Springs salamander be recognized
as a distinct species, Plethodon
ainsworthi.
The petition did not provide any
definitive information on life history,
distribution or habitat of this species,
and such information does not exist in
Service files. The original type locality
of the only two specimens collected for
this species is described as a 2-hectare
(4.9-acre) mixed mesic woodland area
(Lazell 1998, pp. 969–970). Lazell noted
after a 1991 visit that this site and
nearby Six Springs were both intact and
in good ecological condition, although
much of the surrounding area had been
severely altered (Lazell 2005, pp. 787–
788). However, this type locality, listed
only as ‘‘2 Mi S. of Bay Springs’’ with
the notes ‘‘In springhead litter. Clear hot
day 11 a.m.’’ (Lazell 1998, p. 967), has
been questioned. Lazell (1998, pp. 967,
969; 2005, p. 787) refers to the
collection location as ‘‘presumed.’’
Mississippi Natural Heritage Program
(MNHP 1999, p. 2) described the site
after a 1997 survey as ‘‘springhead on
Ainsworth property matches distance
from Bay Springs given on collection
label, but it is not certain that
Ainsworth property is indeed the
collection site.’’ Additionally, the
petition stated, ‘‘it is unclear whether
this habitat represents the species’ true
habitat, or the habitat that existed when
the salamander was last collected in
1964, or an altered habitat.’’
Despite the question of the original
collection site, numerous surveys using
visual searching and coverboard
techniques were conducted at the
presumed type locality and at three
other possible sites, including Six
Springs, by multiple researchers
beginning in 1991 (Lazell 1998, p. 970;
2005, p. 787; MNHP 1999). These
searches revealed several salamander
species, including others in the genus
Plethodon, and although a night hunt in
1995 produced a glimpse of a possible
Bay Springs salamander, subsequent
searches in 1995 and 1997 produced no
further evidence of the species (Lazell
2005, p. 787).
Therefore, despite numerous searches
of the presumed type locality, no extant
PO 00000
Frm 00090
Fmt 4702
Sfmt 4702
populations of the Bay Springs
salamander have been located (Lazell
1998, p. 967, p. 970; 2005, p. 787). In
addition to the failure to find the
species during multiple search efforts,
other information provided in the
petition and in Service files indicates
the species is extinct. The petition states
several times that the species is ‘‘on the
brink of extinction’’ or ‘‘already extinct’’
(pp. 2, 4, 5). Furthermore, the species is
considered Historical by the Mississippi
Natural Heritage Program (MNHP 1999),
listed as extinct by the International
Union for Conservation of Nature (IUCN
2004), and is assigned the global rank
GH (possibly extinct) by NatureServe
(NatureServe 2002). Based on this
information, we conclude the species is
extinct.
The petition presented information
for three of the five listing factors
(Factors A, D, and E) in section 4 of the
Act in an effort to identify threats that
may be leading or have lead to the
decline of the Bay Springs salamander.
However, these factors are pertinent
only in cases where the organism being
proposed for listing is present and thus
capable of being affected by any threats.
Because the information in our files
indicates that the Bay Springs
salamander is extinct, it does not meet
the definition of endangered species or
a threatened species under the Act
(sections 3(6) and 3(20) of the Act,
respectively). Therefore, an analysis of
the five threat factors is not appropriate.
Finding
In summary, we reviewed the
information presented in the petition
and evaluated that information in
relation to information readily available
in our files. On the basis of our
evaluation of this information under
section 4(b)(3)(A) of the Act, we
conclude that the petition does not
present substantial scientific or
commercial information indicating that
listing the Bay Springs salamander
under the Act as endangered may be
warranted at this time. This finding is
based on information that indicates the
species is extinct and, therefore, does
not meet the definition of either an
endangered species or a threatened
species under the Act.
Although we will not review the
status of the species at this time, we
encourage interested parties to continue
to submit to us any new information
regarding the Bay Springs salamander. If
you wish to provide information
regarding the Bay Springs salamander,
you may submit your information or
materials to the Field Supervisor,
Mississippi Field Office (see
ADDRESSES), at any time.
E:\FR\FM\02NOP1.SGM
02NOP1
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Proposed Rules
References Cited
jlentini on DSKJ8SOYB1PROD with PROPOSALS
A complete list of references cited is
available on the Internet at https://
www.regulations.gov and upon request
from the Mississippi Field Office (see
ADDRESSES).
VerDate Mar<15>2010
20:58 Nov 01, 2010
Jkt 223001
Authors
The primary authors of this notice are
the staff members of the Mississippi
Field Office (see ADDRESSES).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
PO 00000
Frm 00091
Fmt 4702
Sfmt 9990
67343
Dated: October 15, 2010.
Gary D. Frazer,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2010–27514 Filed 11–1–10; 8:45 am]
BILLING CODE P
E:\FR\FM\02NOP1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Proposed Rules]
[Pages 67341-67343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27514]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2010-0055; MO-92210-0-0008-B2]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List the Bay Springs Salamander as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 90-day
finding on a petition to list the Bay Springs salamander (Plethodon
ainsworthi) as endangered under the Endangered Species Act of 1973, as
amended. Based on our review, we find the petition does not present
substantial information indicating that listing may be warranted at
this time. Therefore, we are not initiating a status review in response
to this petition. However, we ask the public to submit to us any new
information that becomes available concerning the status of, or threats
to, the Bay Springs salamander or its habitat at any time.
DATES: The finding announced in this document was made on November 2,
2010.
ADDRESSES: This finding is available on the Internet at https://www.regulations.gov at Docket Number FWS-R4-ES-2010-0055. Supporting
documentation we used in preparing this finding is available for public
inspection, by appointment, during normal business hours at the U.S.
Fish and Wildlife Service, MS Field Office, 6578 Dogwood View Parkway,
Jackson, Mississippi 39213. Please submit any new information,
materials, comments, or questions concerning this finding to the above
street address.
FOR FURTHER INFORMATION CONTACT: Stephen Ricks, Field Supervisor,
Mississippi Field Office (see ADDRESSES), by telephone (601-321-1122),
or by facsimile (601-965-4340). If you use a telecommunications device
for the deaf (TDD), please call the Federal Information Relay Service
(FIRS) at 800-877-8339.
[[Page 67342]]
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 1531 et seq.) requires that we make a finding
on whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating the
petitioned action may be warranted. We base this finding on information
provided in the petition, supporting information submitted with the
petition, and information otherwise readily available in our files. The
Act requires, to the maximum extent practicable, we are to make this
finding within 90 days of our receipt of the petition, and publish our
notice of the finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
scientific or commercial information was presented, the Act requires
that we promptly review the status of the species (status review),
which is subsequently summarized in our 12-month finding.
Petition History
On February 6, 2006, we received a petition, dated February 2,
2006, from Mr. Jeremy Nichols, Denver, Colorado, requesting that the
Bay Springs salamander (Plethodon ainsworthi) be listed as endangered
under the Act. The petition clearly identified itself as such and
included the requisite identification information for the petitioner,
as required at 50 CFR 424.14(a). In a March 3, 2006, letter to
petitioner, we stated that we did not have sufficient funds to respond
to the petition at that time due to a significant number of court
orders and judicially approved settlement agreements for other listing-
related actions, which had consumed nearly all of our listing and
critical habitat funding for fiscal year 2006. On May 1, 2007, we
notified Mr. Nichols, by letter, that funding had become available to
complete this 90-day finding. This finding addresses the petition.
Species Information
The Bay Springs salamander (Plethodon ainsworthi) was described as
a species by Lazell (1998) from two badly preserved specimens believed
to be collected in a single springhead in 1964 near the town of Bay
Springs in Jasper County, Mississippi (Lazell 1998, p. 967; MNHP 1999,
p. 3). The Bay Springs salamander was differentiated from other members
of the Plethodon genus, or woodland salamanders, in its very slender
body shape, low costal (side) groove count, and small legs. Because the
features of the more derived groups within the genus are present,
Lazell (2005, p. 787) speculated that the Bay Springs salamander is
distinct and may be close to the ancestral stock of the genus. Based on
these unique features, Lazell (1998) recommended the Bay Springs
salamander be recognized as a distinct species, Plethodon ainsworthi.
The petition did not provide any definitive information on life
history, distribution or habitat of this species, and such information
does not exist in Service files. The original type locality of the only
two specimens collected for this species is described as a 2-hectare
(4.9-acre) mixed mesic woodland area (Lazell 1998, pp. 969-970). Lazell
noted after a 1991 visit that this site and nearby Six Springs were
both intact and in good ecological condition, although much of the
surrounding area had been severely altered (Lazell 2005, pp. 787-788).
However, this type locality, listed only as ``2 Mi S. of Bay Springs''
with the notes ``In springhead litter. Clear hot day 11 a.m.'' (Lazell
1998, p. 967), has been questioned. Lazell (1998, pp. 967, 969; 2005,
p. 787) refers to the collection location as ``presumed.'' Mississippi
Natural Heritage Program (MNHP 1999, p. 2) described the site after a
1997 survey as ``springhead on Ainsworth property matches distance from
Bay Springs given on collection label, but it is not certain that
Ainsworth property is indeed the collection site.'' Additionally, the
petition stated, ``it is unclear whether this habitat represents the
species' true habitat, or the habitat that existed when the salamander
was last collected in 1964, or an altered habitat.''
Despite the question of the original collection site, numerous
surveys using visual searching and coverboard techniques were conducted
at the presumed type locality and at three other possible sites,
including Six Springs, by multiple researchers beginning in 1991
(Lazell 1998, p. 970; 2005, p. 787; MNHP 1999). These searches revealed
several salamander species, including others in the genus Plethodon,
and although a night hunt in 1995 produced a glimpse of a possible Bay
Springs salamander, subsequent searches in 1995 and 1997 produced no
further evidence of the species (Lazell 2005, p. 787).
Therefore, despite numerous searches of the presumed type locality,
no extant populations of the Bay Springs salamander have been located
(Lazell 1998, p. 967, p. 970; 2005, p. 787). In addition to the failure
to find the species during multiple search efforts, other information
provided in the petition and in Service files indicates the species is
extinct. The petition states several times that the species is ``on the
brink of extinction'' or ``already extinct'' (pp. 2, 4, 5).
Furthermore, the species is considered Historical by the Mississippi
Natural Heritage Program (MNHP 1999), listed as extinct by the
International Union for Conservation of Nature (IUCN 2004), and is
assigned the global rank GH (possibly extinct) by NatureServe
(NatureServe 2002). Based on this information, we conclude the species
is extinct.
The petition presented information for three of the five listing
factors (Factors A, D, and E) in section 4 of the Act in an effort to
identify threats that may be leading or have lead to the decline of the
Bay Springs salamander. However, these factors are pertinent only in
cases where the organism being proposed for listing is present and thus
capable of being affected by any threats. Because the information in
our files indicates that the Bay Springs salamander is extinct, it does
not meet the definition of endangered species or a threatened species
under the Act (sections 3(6) and 3(20) of the Act, respectively).
Therefore, an analysis of the five threat factors is not appropriate.
Finding
In summary, we reviewed the information presented in the petition
and evaluated that information in relation to information readily
available in our files. On the basis of our evaluation of this
information under section 4(b)(3)(A) of the Act, we conclude that the
petition does not present substantial scientific or commercial
information indicating that listing the Bay Springs salamander under
the Act as endangered may be warranted at this time. This finding is
based on information that indicates the species is extinct and,
therefore, does not meet the definition of either an endangered species
or a threatened species under the Act.
Although we will not review the status of the species at this time,
we encourage interested parties to continue to submit to us any new
information regarding the Bay Springs salamander. If you wish to
provide information regarding the Bay Springs salamander, you may
submit your information or materials to the Field Supervisor,
Mississippi Field Office (see ADDRESSES), at any time.
[[Page 67343]]
References Cited
A complete list of references cited is available on the Internet at
https://www.regulations.gov and upon request from the Mississippi Field
Office (see ADDRESSES).
Authors
The primary authors of this notice are the staff members of the
Mississippi Field Office (see ADDRESSES).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: October 15, 2010.
Gary D. Frazer,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-27514 Filed 11-1-10; 8:45 am]
BILLING CODE P
