15872 Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Proposed Rules

47 CFR Part 73

[MM Docket No. 96–244; RM–8936]

Radio Broadcasting Services;

Madison, IN

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; dismissal.

SUMMARY: This document dismisses a

petition filed on behalf of Edward E.

Guinn, which requested the allotment of

Channel 266A to Madison, Indiana, as

that community’s second local FM

transmission service, based upon the

collective withdrawal of interest by all

parties to the proceeding in pursuing

the proposal. See 61 FR 65508,

December 13, 1996. With this action, the

proceeding is terminated.

ADDRESS: Federal Communications

Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–244,

adopted March 19, 1997, and released

March 28, 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

contractors, International Transcription

Services, Inc., 2100 M Street, NW., Suite

140, Washington, DC 20037, (202) 857–

3800.

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. 97–8440 Filed 4–2–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 12-Month Finding for a

Petition To List the Santa Ana Sucker

as Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 12-month petition

finding.

SUMMARY: The U. S. Fish and Wildlife

Service (Service) announces a 12-month

finding for a petition to list the Santa

Ana sucker (Catostomus santaanae)

under the Endangered Species Act of

1973, as amended (Act). The Santa Ana

sucker is found in small shallow

streams in southern California, and

although described as common in the

1970s, the species has experienced

declines throughout most of its range

because of urbanization, water

pollution, dams, introduced non-native

fishes, and other human-caused

disturbances. The Service finds that the

petition to list the Santa Ana sucker is

warranted but precluded by other listing

actions of higher priority.

DATES: The finding announced in this

document was made on March 27, 1997.

Comments from all interested parties

may be submitted until further notice.

ADDRESSES: Data, information,

comments, or questions concerning this

finding should be submitted to the Field

Supervisor, Carlsbad Field Office, U.S.

Fish and Wildlife Service, 2730 Loker

Avenue West, Carlsbad, California

92008. Comments and materials

received will be available for public

inspection, by appointment, during

normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT: Paul

J. Barrett, Carlsbad Field Office see

ADDRESSES section) (telephone 619/

431–9440 or facsimile 619/431–9624).

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(B) of the Act requires

that for any petition to revise the Lists

of Endangered and Threatened Wildlife

and Plants that contains substantial

scientific or commercial information

indicating that the petitioned action

may be warranted, a finding be made

within 12 months of the date of receipt

of the petition on whether the

petitioned action is: (a) not warranted,

(b) warranted, or (c) warranted but

precluded from immediate proposal by

other pending proposals. Such 12-

month findings are to be published

promptly in the Federal Register.

Section 4(b)(3)(B)(iii) of the Act states

that the Service may make warranted

but precluded findings if it can

demonstrate that an immediate

proposed rule is precluded by other

pending proposals and that expeditious

progress is being made on other listing

actions. Section 4(b)(3)(C) requires that

petitions for which the requested action

is found to be warranted but precluded

should be treated as though resubmitted

on the date of such finding, i.e.,

requiring a subsequent finding to be

made within 12 months.

Because of budgetary constraints and

the lasting effects of the congressionally

imposed listing moratorium, the Service

is processing petitions and other listing

actions according to the listing priority

guidance published in the Federal

Register on December 5, 1996 (61 FR

64475). The guidance for fiscal year

1997 clarifies the order in which the

Service will process listing activities

with appropriated funds.

Administrative findings for listing

petitions that are not assigned to tier 1

(emergency listing actions) will be

processed as a tier 3 priority (61 FR

64480). Further action on the subject

petition falls within tier 3 of the current

guidance. Because of pending proposed

species listings (tier 2 activities), the

Pacific Region (Region 1) will be

primarily processing final decisions on

proposed rules during fiscal year 1997

(61 FR 64477). However, as the Pacific

Region nears completion of its pending

tier 1 and 2 actions, the Service expects

Region 1 to begin processing some tier

3 actions later this fiscal year. Priority

within tier 3 will be given to new

proposals for species facing highmagnitude, imminent threats (61 FR

64480), especially court-ordered

proposals for such species with listing

priority numbers of 1 through 3 (e.g.,

Fund for Animals v. Babbitt, Civ. No.

92–800 (SS) (D.D.C.)).

On September 6, 1994, the Service

received a petition under the Act to list

the Santa Ana speckled dace

(Rhinichthys osculus ssp.), Santa Ana

sucker (Catostomus santaanae), and the

Shay Creek threespine stickleback

(Gasterosteus aculeatus ssp.) as

endangered species. The petition was

submitted by the Sierra Club Legal

Defense Fund, Inc. (located in San

Francisco, California), on behalf of

seven groups. The seven groups are the

California-Nevada Chapter of the

American Fisheries Society, The Nature

School, The California Sportfishing

Protection Alliance, Friends of the

River, Izaak Walton League of America,

California Trout, and Trout Unlimited.

A timely finding on the subject

petition was precluded by higher

priority listing actions and budget

constraints. On May 16, 1996, the

Service published a description of how

it would prioritize the various listing

actions for the remainder of fiscal year

1996 (61 FR 24722). Based on this

listing priority guidance, the 90-day

finding was designated as a tier 3 action,

and the processing of tier 3 actions was

not expected to begin during the

remainder of fiscal year 1996. Despite

requests for deference to the listing