41016 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–162, RM–9112]

Radio Broadcasting Services;

Hutchinson, KS

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Gary L.

Violet requesting the allotment of

Channel 240A to Hutchinson, Kansas.

Channel 240A can be allotted to

Hutchinson in compliance with the

Commission’s minimum distance

separation requirements without the

imposition of a site restriction. The

coordinates for Channel 240A at

Hutchinson are 38–04–54 NL and 97–

55–42 WL.

DATES: Comments must be filed on or

before September 15, 1997, and reply

comments on or before September 30,

1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Gary L. Violet, 331 Lookout

Point, Hot Springs National Park,

Arkansas 71913 (Petitioner).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s notice of

proposed rule making, MM Docket

No.97–162, adopted July 16, 1997, and

released July 25, 1997. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

Reference Center (Room 239), 1919 M

Street, NW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, ITS, Inc., (202) 857–

3800, 2100 M Street, NW, Suite 140,

Washington, DC 20037.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a notice of proposed

rule making is issued until the matter is

no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–20167 Filed 7–30–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AD39

Endangered and Threatened Wildlife

and Plants; Withdrawal of Proposed

Rule To List Dudleya Blochmaniae ssp.

Insularis, Dudleya sp. nov. ‘‘East

Point’’, and Heuchera Maxima as

Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; withdrawal.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) withdraws the

proposal to list Dudleya blochmaniae

ssp. insularis, Dudleya sp. nov. ‘‘East

Point’’, and Heuchera maxima as

endangered species under the

Endangered Species Act of 1973, as

amended (Act). The Service finds that

information now available, discussed

below, justifies withdrawal of the

proposed listings of these species as

endangered. The National Park Service

(NPS) has implemented measures that

significantly reduce the risks to Dudleya

blochmaniae ssp. insularis and Dudleya

sp. nov. ‘‘East Point’’ and has sponsored

field surveys that have identified a

greater abundance and distribution for

Heuchera maxima. Based on this

information the Service concludes that

listing of these species is not warranted.

DATES: This withdrawal notice is made

July 31, 1997.

ADDRESSES: The complete file for this

rule is available for public inspection,

by appointment, during normal business

hours at the Ventura Field Office, U.S.

Fish and Wildlife Service, 2493 Portola

Road, Ventura, California, 93003.

FOR FURTHER INFORMATION CONTACT: Tim

Thomas, at the above address or by

telephone (805) 644–1766.

SUPPLEMENTARY INFORMATION:

Background

On July 25, 1995 the Service

published in the Federal Register (60

FR 37993) a proposal to list 16 plant

species from the northern Channel

Islands as endangered.

Included among these 16 taxa were

Dudleya blochmaniae ssp. insularis

(Santa Rosa Island dudleya), Dudleya

sp. nov. ‘‘East Point’’ (munchkin

dudleya), and Heuchera maxima (Island

alum-root), the subject taxa of this

notice of withdrawal. Santa Rosa Island

dudleya (Dudleya blochmaniae ssp.

insularis) was first described as

Hasseanthus blochmaniae ssp. insularis

by Reid Moran (1950a) based on a

collection made at ‘‘Old Ranch Point’’

on Santa Rosa Island in 1950. Moran

(1953) treated Hasseanthus as a

subgenus of Dudleya; Hasseanthus had

previously been segregated from

Dudleya on the basis of stem

characteristics and the presence of

vernal (withering) leaves. In so doing,

he published the new combination

Dudleya blochmaniae ssp. insularis

(Moran 1953). Though Thompson (1993)

recently resegregated Hasseanthus from

Dudleya at the generic level, he

provided no new evidence for this

action. Moreover, given that the base

chromosome number of Hasseanthus

and Dudleya is the same (n=17) and that

species of Hasseanthus and Dudleya are

completely interfertile but will not cross

with other family genera, splitting these

taxa at the generic level is

inappropriate. As a result, the taxon will

be recognized in this notice of

withdrawal under the name Dudleya

blochmaniae ssp. insularis.

Dudleya blochmaniae ssp. insularis is

a small succulent perennial in the

stonecrop family (Crassulaceae). The

plant has a corm-like root structure, and

15 to 30 oblanceolate leaves in a basal

rosette, from which several flowering

stems 3 to 7 centimeters (cm) (1.2 to 2.8

inches (in)) long arise. The white, fivepetaled flowers and the resulting fruits

are fused at the base and wide-spreading

distally. This subspecies is

distinguished from two other mainland

subspecies of D. blochmaniae on the

basis of the more numerous rosette

leaves, shorter floral stems, more

pronounced glaucousness of young

floral stems and their leaves, and the

size and shape of the lower bracts

(Moran 1950a, Bartel 1993).

Dudleya blochmaniae ssp. insularis is

only known from the type locality near

Old Ranch Point, also known as Marsh

Point, on the east end of Santa Rosa

Island. The taxon occupies an area of

less than 1 hectare (2 acres) of an
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules 41017

ancient marine terrace with a cobble

surface, and associated with owl’s

clover (Castilleja exserta), goldfields

(Lasthenia californica), and alien annual

grasses, primarily Bromus and Vulpia

species. The habitat is relatively open

with low densities of non-native annual

grasses. In 1993, the number of

individuals was estimated to be 2,000

(Rutherford and Thomas, pers. obs.

1993). NPS and National Biological

Survey (now Biological Resources

Division of the U.S. Geological Survey)

staff established demographic plots in

1994. In 1995 and 1996, the NPS erected

an electric fence around Skunk Point,

including all habitat occupied by D.

blochmaniae ssp. insularis and a

population of the federally threatened

snowy plover, during the spring and

summer seasons to eliminate potential

damage from cattle. Cattle tracks and

droppings inside the exclosure indicate

that entry has occurred in both years

(McEachern 1996). However, cattle were

removed whenever found within the

fenced area and were not present long

enough to adversely affect D.

blochmaniae ssp. insularis (Jim Hutton,

Island Ranger, pers. comm. 1996).

Breaks in the fence were repaired

immediately.

Dudleya sp. nov. ‘‘East Point’’ was

collected by Reid Moran in 1950. In his

dissertation on the genus Dudleya, he

included it in the description of D.

greenei, but remarked upon how it

differed, and described it as ‘‘forma

nana.’’ Subsequent floras treated the

form in synonymy with D. greenei

(Munz and Keck 1973, Smith 1976). In

1993, Paul H. Thomson illegitimately

published the name D. nana, based on

the description of forma nana in

Moran’s dissertation. An article

describing this new species has been

submitted by Stephen McCabe to the

journal Madron ̃ o. This manuscript has

been peer reviewed, the description was

found to meet the code requirements for

valid publication, and the reviewers felt

that it was a distinct taxon (Painter in

litt. 1997).

Like Dudleya blochmaniae ssp.

insularis described above, Dudleya sp.

nov. ‘‘East Point’’ is a small succulent

perennial in the stonecrop family

(Crassulaceae). The plant has a short

caudex-like stem, and small, gray, ovate

to oblanceolate leaves in a cluster of up

to 20 basal rosettes, from which several

flowering stems 2.5 to 7 cm (1 to 2.75

in) long arise. The pale yellow, fivepetaled flowers are fused at the base and

spread only at the tips.

Dudleya sp. nov. ‘‘East Point’’ is

known only from one population

comprising three colonies near East

Point on Santa Rosa Island. The

colonies occur on a low windswept

ridge with a cobble soil surface, which

is bereft of any other vegetation save

scattered alien annual grasses, smallflowered iceplant (Mesembryanthemum

nodiflorum), pineappleweed

(Ambylopappus pusillus), and

goldenbush (Lasthenia californica). The

uppermost colony covers 26 square

meters, the middle colony covers 88

square meters, and the lowermost

colony covers 77 square meters

(McEachern 1994). The total number of

individuals in the three colonies has

been estimated to be 3,200 (S. McCabe,

pers. comm. 1994). In 1994, the NPS

constructed a fence around the

population to reduce browsing and

trampling impacts, and to eliminate

vehicle access to the middle colony.

Observations by researchers indicate the

following: the fencing has excluded

cattle but not deer; the number of

seedling plants was higher in late winter

of 1995 than in May, a few months later,

which may indicate a high seedling

recruitment rate but a low seedling

survivorship rate; and several

inflorescences were clipped off by an

unknown predator, possibly mice or

insects (McEachern 1996). A low

seedling survivorship rate is common

among wild plants and is unlikely to

pose a significant threat to a perennial

species, which needs only to replace

itself once over a period of many years

to maintain a stable population size. A

small fire burned vegetation

surrounding the lower colony, but did

not appear to damage the dudleya where

the fuels are so light that fire cannot

carry through the site.

Heuchera maxima (island alumroot)

was described by E.L. Greene (1886a)

based on collections from the

‘‘northward slope of Santa Cruz Island.’’

This nomenclature was retained in the

most recent treatment of the genus

(Elvander 1993). Heuchera maxima is a

perennial herb in the saxifrage

(Saxifragaceae) family. The round basal

leaves are up to 7 cm (2.8 in) broad on

long petioles up to 25 cm (10 in) in

length. The flowering stalks are up to

6.1 decimeters (dm) (2 ft) long and

scattered with small white-petaled

flowers (Hochberg 1980b). No other

Heuchera species occurs on the islands;

however, young plants of H. maxima

can resemble species of Jepsonia,

Lithophragma, or Saxifraga that occurs

on the islands. Heuchera maxima can

be distinguished from these other taxa

by its larger size at maturity, and

flowers with ten stamens rather than

five.

Heuchera maxima grows primarily on

moist, shady, north-facing canyon

bottoms, walls, and sea cliffs, but occurs

in a few interior localities as well.

Collections of Heuchera maxima were

made from Santa Rosa Island by

Hoffmann in 1929 and Dunkle in 1939;

however, locality information for these

collections is vague. More recently, the

plant was collected from Cherry, Lobos,

Ranch, and Windmill Canyons on Santa

Rosa Island (Rutherford and Thomas

1994). It was relocated in three of those

canyons during the 1994–1996 surveys,

during which 27 additional populations

with up to 150 plants in each were

found (McEachern and Wilken 1996). H.

maxima is also known from 11 locations

on West Anacapa Island (Rutherford

and Thomas 1994; S. Junak, in litt.

1984). On Santa Cruz Island, 16

populations with up to 170 plants per

population have been reported from the

west half of the northern shore

(McEachern and Wilken 1996).

Summary of Comments and

Recommendations

In the July 25, 1995, proposed rule (60

FR 37933) and associated notifications,

all interested parties were requested to

submit factual reports or information to

be considered in making a final listing

determination. An initial 75-day

comment period closed on October 9,

1995. A second 30-day comment period

closed on February 21, 1997.

Appropriate Federal and State agencies,

local governments, scientific

organizations, and other interested

parties were contacted and asked to

comment. In accordance with Service

policy published on July 1, 1994 (59 FR

34270), three appropriate and

independent specialists were solicited

regarding pertinent scientific or

commercial data and assumptions

relating to the proposed rule. Legal

notices of the availability of the

proposed rule were published on

August 5, 1995, in the Santa Barbara

News-Press and on August 11, 1995, in

the Los Angeles Times.

The Service received 14 letters

concerning the proposed rule during the

comment periods, including those of

one State agency and 11 individuals or

groups. Because of the two public

comment periods, some individuals or

groups commented twice. Because the

proposed rule included 16 plant taxa,

only those comments specific to the

three taxa addressed in this notice are

discussed here. Comments not specific

to these three taxa and general

comments relevant to the proposed rule

are discussed in a separate final rule

published in today’s Federal Register

(Vol. 62 No. 147, July 31, 1997).

The Service has reviewed all of the

written comments received during both

comment periods and status reports and
41018 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules

population surveys that occurred in

between the comment periods. Four

commenters supported the listing

proposal for the three taxa, one opposed

their listing, and seven stated no

specific opinion on the three taxa

considered herein. Several commenters

provided additional information and

other clarifications that have been

incorporated into the ‘‘Summary of

Factors’’ section of this notice. Several

comments dealt with matters of opinion

or legal history, which were not relevant

to the listing decision. The Service

carefully considered all comments and

information submitted relevant to this

decision to withdraw the proposed

listing. The Service response to those

commenters supporting listing of these

taxa can be found in the ‘‘Summary of

Factors’’ section. Comments submitted

are available for review at the Ventura

Field Office (see ADDRESSES).

Summary of Factors Affecting the

Species

The Service must consider five factors

described in section 4(a)(1) of the Act

when determining whether to list a

species. These factors, and their

application to the Service’s decision to

withdraw the proposal to list Dudleya

blochmaniae (Eastw.) Moran ssp.

insularis (Moran) Moran, Dudleya sp.

nov. ‘‘East Point’’ S. McCabe, and

Heuchera maxima Greene, are as

follows:

A. The Present or Threatened

Destruction, Modification, or

Curtailment of Its Habitat or Range

The single most important loss of

resources to insular ecosystems is the

loss of soils, as the soils are the

foundation for the unique island

ecosystems and the insular endemic

species found within them. This loss of

soils is the result of historic grazing and

browsing by sheep, goat, cattle, deer,

elk, and bison, and rooting by pigs on

the various islands starting in the early

1800’s, and in certain cases, continuing

today. Fencing installed by the NPS to

exclude cattle from the two Dudleya

taxa populations has significantly

reduced the threat of soil loss in the

habitat of these species. Cattle

trampling, previously known to remove

large numbers of Dudleya sp. nov. ‘‘East

Point’’ plants, is no longer a significant

threat. No cattle have broken through

the fence at East Point. Although cattle

have on several occasions gained access

to the fenced areas through breaks in the

fence where Dudleya blochmaniae ssp.

insularis occurs, NPS staff has

immediately removed the cattle upon

discovery with no adverse impacts.

Although deer and elk are not excluded

by the fencing (Painter, in litt., 1997),

the Service believes that the impacts of

these animals on the habitat for the two

Dudleya species, in the absence of

cattle, do not constitute a significant

threat to the survival of these taxa. Both

of the Dudleya populations occur on

sites that are not favorable to either elk

or deer utilization. If elk or deer do

enter these areas, it is in limited

numbers and for brief periods of time.

Most of the habitat currently occupied

by Heuchera maxima is out of reach of

the effects of the trampling influence of

the non-native mammals on the islands

(McEachern and Wilken 1996).

B. Overutilization for Commercial,

Recreational, Scientific, or Educational

Purposes

In the horticultural trade, Dudleya

have, in particular, been favorite

collector species. Dudleya sp. nov. ‘‘East

Point’’ was collected and introduced

into the horticultural trade long ago as

‘‘white sprite.’’ Dudleya blochmaniae

ssp. insularis though not in the trade,

has been cultivated by Dudleya

enthusiasts. While the limited

distribution of these two taxa makes

them of interest to such enthusiasts, in

the absence of the larger combined

threats of cattle trampling, collection

alone does not pose a significant threat

to these species. Heuchera maxima is

also found in cultivation. Although the

extent of collection of this taxon is

uncertain, the Service believes that the

threat from overcollection is

insignificant given the number of

populations of the species that are now

known.

C. Disease or Predation

Disease is not known to be a factor

affecting the taxa considered in this

rule. Grazing by cattle was identified as

a threat in the proposed rule.

Consumption of individual plants by

grazing animals has been known to

impact the reproduction of these plants

and has had other effects, such as

trampling, erosion (see Factor A) and

the introduction of non-native species

(see Factor E). The fencing constructed

to protect Dudleya blochmaniae ssp.

insularis and Dudleya sp. nov. ‘‘East

Point’’ populations from cattle has

reduced the level of herbivory on these

two taxa to where it no longer

constitutes a significant threat to the

survival of these species. The majority

of the Heuchera maxima occur out of

the reach of the effects of most nonnative mammals on the islands

(McEachern and Wilken 1996).

D. The Inadequacy of Existing

Regulatory Mechanisms

The Service evaluated existing

Federal, State, and local regulatory

mechanisms prior to preparing the

proposed rule for listing the two plant

taxa. The Service found evidence of

inadequacy of the existing regulatory

mechanisms at that time. These

regulatory mechanisms included: (1)

Listing under the California Endangered

Species Act (CESA); (2) the California

Environmental Quality Act (CEQA) and

National Environmental Policy Act

(NEPA); (3) conservation provisions

under section 404 of the Federal Clean

Water Act and Section 1603 of the

California Fish and Game Code; (4)

occurrence with other species protected

by the Federal Endangered Species Act;

(5) land acquisition and management by

Federal, State, or local agencies, or by

private groups and organizations; and

(6) local laws and regulations. The

Service believes that actions taken by

the NPS for the protection of Dudleya

blochmaniae ssp. insularis and Dudleya

sp. nov. ‘‘East Point’’ are sufficient to

assure that regulatory mechanisms are

adequate to protect these two plant taxa.

Heuchera maxima is now known to be

present in a sufficient number of

populations (McEachern and Wilken

1996) so that any inadequacies of these

regulatory mechanisms no longer pose a

significant threat to this species.

E. Other Natural or Manmade Factors

Affecting Its Continued Existence

Introduced species of grasses and

forbs have invaded many of California’s

plant communities. Such weedy species

can displace the native flora by outcompeting them for nutrients, water,

light, and space. Weedy plant invasions

are facilitated by disturbances such as

grazing, developments, and various

recreational activities.

Grazing by livestock typically changes

the composition of native plant

communities by reducing or eliminating

species that cannot withstand trampling

and predation (see Factors A and C),

and enabling more resistant (usually

alien) plant species to increase in

abundance. Seed from non-sterile hay

and animal feces increases the

likelihood of invasion of exotic species

and prevents re-establishment of native

plants. Exotic species may flourish with

grazing and may reduce or eliminate

native plant species through

competition for resources. The invasion

of non-native species into the habitats of

Dudleya blochmaniae ssp. insularis and

Dudleya sp. nov. ‘‘East Point’’ was cited

as a significant threat to these

populations in the proposed rule
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules 41019

primarily due to the ongoing effects of

alien mammals on these habitats. Due to

the fencing installed by the NPS, these

impacts have been reduced to the point

that they no longer pose a significant

threat to the survival of these taxa. With

over 50 recently reported populations,

Heuchera maxima is now known to

occur in greater abundance than was

previously known and, due to the

discovery of these additional

populations, the Service believes that

this species is no longer threatened with

extinction.

Because Dudleya blochmaniae ssp.

insularis and Dudleya sp. nov. ‘‘East

Point’’ are both known only from single

populations with few individuals, they

remain vulnerable to extinction due to

random events, such as drought, and

storms. Neither taxon has ever been

reported to occur at any locality other

than the single sites to which it is

currently restricted. Pro-active recovery

efforts to lessen the threat of such

random events typically involve the

establishment of additional populations,

but Service policy precludes the

introduction of listed species outside

their historic range without specific

approval from the Director. To lessen

the vulnerability of these taxa to random

events, the NPS has proposed to

establish a seed banking program (NPS

1997). Because of the low probability of

such a random event taking place, the

significance of the threat from such an

event in the absence of other factors, is

insufficient to warrant listing of these

species. Heuchera maxima is now

known to occur in sufficient numbers

that threats resulting from few, small

populations are no longer of concern.

Finding and Withdrawal

After a thorough review and

consideration of all information

available the Service has determined

that listing of Dudleya blochmaniae ssp.

insularis, Dudleya sp. nov. ‘‘East Point’’

and Heuchera maxima as endangered is

no longer warranted. The Service has

carefully assessed the best scientific and

commercial information available in the

development of this withdrawal notice.

Fencing installed by the NPS since the

time of the proposed rule has

sufficiently reduced the threats of soil

loss, trampling and herbivory by cattle

and non-native mammals, and the

invasion of competitive alien weeds into

habitat of the two dudleya species so

that listing is no longer warranted.

Other factors cited in the proposed rule,

including overcollection, inadequate

regulatory mechanisms, and extinction

from random events, are of insufficient

magnitude to warrant listing in the

absence of any significant threat from

other factors. Heuchera maxima is now

known to occur in more than 50

populations and the Service now

believes that this species is no longer

threatened with extinction. A final rule

listing the other 13 plant taxa included

in the original proposed rule is

published in the Federal Register

concurrently with this notice of

withdrawal of the proposal to list

Dudleya blochmaniae ssp. insularis,

Dudleya sp. nov. ‘‘East Point’’ and

Heuchera maxima.

References Cited

A list of all references cited herein is

available upon request from the U.S.

Fish and Wildlife Service Ventura Field

Office (see ADDRESSES section).

Author: The primary author of this

withdrawal notice is Tim Thomas,

Ventura Field Office (see ADDRESSES

section).

Authority

The authority for this action is section

4(b)(6)(B)(ii) of the Endangered Species

Act of 1973, as amended (16 U.S.C. 1531

et seq.).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Dated: July 24, 1997

John G. Rogers,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 97–20132 Filed 7–30–97; 8:45 am]

BILLING CODE 4310–55–P