3834 Federal Register / Vol. 63, No. 17 /Tuesday, January 27, 1998 /Rules and Regulations

SUMMARY: This document denies the

petition for reconsideration filed by

Reding Broadcasting Company of the

Report and Order, 57 FR 56515

(November 30, 1992), in which the

Commission dismissed Reding’s

counterproposal proposal requesting the

substitution of 253C2 for Channel 252A

at Pleasanton, Texas and the

modification of Station KBUC-FM’s

(formerly KBOP-FM) license

accordingly, the substitution of Channel

276A for Channel 252A at Bandera,

Texas; the allotment of Channel 276C2

to Karnes City, Texas; and the

substitution of Channel 290A for

Channel 253A at Hondo, Texas. This

document affirms the Report and

Order’s determination that Reding’s

counterproposal was unacceptable for

filing because under the Commission’s

Rules and the FM Agreement between

the United States and Mexico in effect

at the time of filing, Reding’s proposals

for Channel 276A at Bandera, and

Channel 290A at Hondo were shortspaced to Mexican FM allotments. With

this action, this proceeding is

terminated.

EFFECTIVE DATE: January 27, 1998.

FOR FURTHER INFORMATION CONTACT:

Victoria M. McCauley, Mass Media

Bureau, (202) 418–2130.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order, MM

Docket No 90–466, adopted December

30, 1997, and released January 9, 1998.

The full text of this Commission

decision is available for inspection and

copying during normal business hours

in the FCC 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 Service,

Inc., (202) 857–3800, 1231 20th Street,

NW., Suite 140, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 98–1839 Filed 1–26–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–52; RM–8987 and RM–

9098]

Radio Broadcasting Services;

Kellnersville and Two Rivers, WI

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

246A to Two Rivers, Wisconsin, as that

community’s second local FM broadcast

service in response to a petition filed by

First Congregational Services. See 62 FR

6929, February 14, 1997. The

coordinates for Channel 246A at Two

Rivers are 44–09–06 and 87–34–06. The

counterproposal filed by Value Radio

Corporation proposing the allotment of

Channel 246A at Kellnersville,

Wisconsin, has been dismissed. With

this action, this proceeding is

terminated. A filing window for

Channel 246A at Two Rivers will not be

opened at this time. Instead, the issue of

opening a filing window for this

channel will be addressed by the

Commission in a subsequent order.

EFFECTIVE DATE: March 2, 1998.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 97–52,

adopted January 7, 1998, and released

January 16, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’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., 1231 20th

Street, NW., Washington, DC. 20036,

(202) 857–3800, facsimile (202) 857–

3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Wisconsin, is

amended by adding Channel 246A at

Two Rivers.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–1893 Filed 1–26–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–221; RM–9181]

Radio Broadcasting Services; Satellite

Beach, FL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: Action in this document

allots Channel 253A to Satellite Beach,

Florida, as that community’s first local

service in response to a petition filed by

Satellite Beach Community

Broadcasters. See 62 FR 58937, October

31, 1997. The coordinates for Channel

253A at Satellite Beach are 28–10–24

and 80–36–12. With this action, this

proceeding is terminated. A filing

window for Channel 253A at Satellite

Beach, Florida, will not be opened at

this time. Instead, the issue of opening

a filing window for this channel will be

addressed by the Commission in a

subsequent order.

EFFECTIVE DATE: March 2, 1998.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 97–221,

adopted January 7, 1998, and released

January 16, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’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., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800, facsimile (202) 857–

3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.
Federal Register / Vol. 63, No. 17 /Tuesday, January 27, 1998 /Rules and Regulations 3835

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Florida, is amended

by adding Satellite Beach and Channel

253A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–1891 Filed 1–26–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE59

Endangered and Threatened Wildlife

and Plants; Emergency Rule To List

the San Bernardino Kangaroo Rat as

Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Emergency rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) exercises its

emergency authority to determine the

San Bernardino kangaroo rat

(Dipodomys merriami parvus) to be an

endangered species pursuant to the

Endangered Species Act of 1973, as

amended (Act). This subspecies occurs

primarily in alluvial scrub habitats with

appropriate vegetative cover and

substrate composition. The historic

range of the San Bernardino kangaroo

rat has been reduced by approximately

96 percent due to agricultural and urban

development. All of the remaining

populations of the San Bernardino

kangaroo rat are threatened by habitat

loss, degradation, and fragmentation

due to sand and gravel mining

operations, flood control projects, urban

development, and vandalism. In

addition, the three largest remaining

populations of the San Bernardino

kangaroo rat are threatened by habitat

loss resulting from a change in the

natural stream flow regime including

seasonal flooding and associated

modification of plant succession

patterns. The threat of vandalism to

large portions of the remaining habitat

may be imminent. Threats have been

made indicating that habitat would be

destroyed if the Service attempted to list

the San Bernardino kangaroo rat.

Because of the need to make protective

measures afforded by the Act

immediately available to this subspecies

and its habitat, the Service finds that an

emergency rule action is justified. This

emergency rule provides Federal

protection pursuant to the Act for this

subspecies for a period of 240 days. A

proposed rule to list the San Bernardino

kangaroo rat, requesting data and

comment from the public, is being

published concurrently in this same

Federal Register issue under the

proposed rule section.

DATES: This emergency rule is effective

on January 27, 1998, and expires on

September 24, 1998.

ADDRESSES: The complete file for this

rule is available for inspection, by

appointment, during normal business

hours at the U.S. Fish and Wildlife

Service, Carlsbad Field Office, 2730

Loker Avenue West, Carlsbad, California

92008.

FOR FURTHER INFORMATION CONTACT:

Field Supervisor, at the above address

(telephone 760/431–9440).

SUPPLEMENTARY INFORMATION:

Background

The San Bernardino kangaroo rat

(Dipodomys merriami parvus) is one of

19 recognized subspecies of Merriam’s

kangaroo rat (D. merriami), a

widespread species distributed

throughout arid regions of the western

United States and northwestern Mexico

(Hall 1981, Williams et al. 1993). In

coastal southern California, D. merriami

is the only species of kangaroo rat with

four toes on each of its hind feet. The

San Bernardino kangaroo rat has a body

length of about 95 millimeters (mm) (3.7

inches (in)) and a total length of 230 to

235 mm (9 to 9.3 in). The hind foot

measures less than 36 mm (1.4 in) in

length. The body color is weakly

ochraceous (yellow) with a heavy

overwash of dusky brown. The tail

stripes are medium to dark brown and

the foot pads and tail hairs are dark

brown. The animal’s flanks and cheeks

are dusky (Lidicker 1960). The San

Bernardino kangaroo rat is considerably

darker and much smaller than either of

the other two subspecies of Merriam’s

kangaroo rat in southern California, D.

merriami merriami and D. merriami

collinus. Lidicker (1960) noted that the

San Bernardino kangaroo rat is one of

the most highly differentiated

subspecies of D. merriami and that ‘‘it

seems likely that it has achieved nearly

species rank.’’ This differentiation is

likely due to its apparent isolation from

other members of D. merriami.

The San Bernardino kangaroo rat, a

member of the family Heteromyidae,

was first described by Rhoades in 1894

under the name Dipodomys parvus from

specimens collected by R.B. Herron in

Reche Canyon, San Bernardino County,

California (Hall 1981). Elliot reduced D.

parvus to a subspecies of D. merriami

(D. merriami parvus) in 1901. The San

Bernardino kangaroo rat appears to be

separated from Merriam’s kangaroo rat

(D. merriami merriami) at the

northernmost extent of its range near

Cajon Pass by a 8 to 13 kilometer (km)

(5 to 8 mile (mi)) gap of unsuitable

habitat. The San Bernardino kangaroo

rat may have in the distant past also

intergraded with D. merriami collinus to

the south in the vicinity of Menifee

(Lidicker 1960, Hall 1981).

The historical range of this subspecies

extends from the San Bernardino Valley

in San Bernardino County to the

Menifee Valley in Riverside County

(Lidicker 1960, Hall 1981). Within this

range, the San Bernardino kangaroo rat

was known from over 25 localities

(McKernan 1993). From the early 1880’s

to the early 1930’s, the San Bernardino

kangaroo rat was a common resident of

the San Bernardino and San Jacinto

valleys of southern California (Lidicker

1960).

In most heteromyids, soil texture is a

primary factor in determining species’

distributions (Brown and Harney 1993).

San Bernardino kangaroo rats are found

primarily on sandy loam substrates,

characteristic of alluvial fans and flood

plains, where they are able to dig

simple, shallow, burrows (McKernan

1997). Based on the distribution of

suitable (i.e., sandy) soils and the

historical collections of this subspecies,

the historical range is thought to have

encompassed an area of approximately

128,000 hectares (ha) (320,000 acres

(ac)) (Service, unpub. GIS maps, 1997).

Although the entire area of the historical

range would not have been occupied

due to variability in vegetation and

soils, the San Bernardino kangaroo rat

was widely distributed across this area.

By the 1930’s, the habitat had been

reduced to approximately 11,200 ha

(28,000 ac)(McKernan 1997).

Currently, the San Bernardino

kangaroo rat occupies approximately

1,299 ha (3,247 ac) of suitable habitat

divided unequally among seven

locations, which are widely separated

from one another (McKernan 1997).

Four of these locations (City Creek (8 ha

(20 ac)), Etiwanda (2 ha (5 ac)), Reche

Canyon (2 ha (5 ac)), and South

Bloomington (.8 ha (2 ac)) support only

small, remnant, populations. The