Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Proposed Rules 13105

by providing for the introduction of new

services and the enhancement of

existing services. These new and

enhanced services will create new jobs,

foster economic growth, and improve

access to communications by industry

and the American public.

3. Legal Basis: The legal basis for

these rule changes is found in Section

4(i), 303(g), 303(r), 309(j), 322(a), and

403 of the Communications Act of 1934,

as amended, 47 U.S.C. 154(i), 303(g),

303(r), 309(j) (332)(a), and 403 and

Section 115(a) of the National

Telecommunications and Information

Administration Organization Act, 47

U.S.C. 925(a).

4. Reporting, Recordkeeping, and

Other Compliance Requirements: The

proposals under consideration in this

Notice of Proposed Rulemaking may

impose certain reporting and

recordkeeping requirements on

licensees and others utilizing this

spectrum.

5. Federal Rules Which Overlap,

Duplicate or Conflict With these Rules:

None.

6. Description, Potential Impact, and

Number of Small Entities Involved:

Many small entities could be positively

affected by this proposal because the

proposal will provide for the

introduction of new, competitive

communications and will foster new

technologies resulting in new jobs,

economic growth, and improved access

to communications by industry,

including small entities. The full extent

of the impact on small entities cannot be

predicted until various issues raised in

the proceeding have been resolved.

After evaluating the comments filed in

response to the Notice, the Commission

will examine further the impact of all

final rules in this proceeding on small

entities and set forth its findings in the

final Regulatory Flexibility Analysis.

7. Any Significant Alternatives

Minimizing the Impact on Small Entities

Consistent with the Stated Objectives:

This Second Notice of Proposed Rule

Making solicits comments on a variety

of alternatives, including as to how our

licensing mechanism, service rules, and

technical rules can be structured to

serve a variety of needs.

8. IRFA Comments: The Commission

requests written public comment on the

foregoing Initial Regulatory Flexibility

Analysis. Comments must have a

separate and distinct heading

designating them as responses to the

IRFA and must be filed by the deadlines

specified in the summary above.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–5371 Filed 3–9–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC22

Endangered and Threatened Wildlife

and Plants; Notice of Six-Month

Extension and Reopening of Public

Comment Period on the Proposed Rule

to List the Barton Springs Salamander

as an Endangered Species

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of extension and

reopening of comment period on

proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) gives notice that the

deadline to determine whether the

Barton Springs salamander (Eurycea

sosorum) is an endangered species is

being extended for up to 6 months. The

comment period on the proposal is

reopened.

DATES: The new deadline for final action

on the proposed listing of the Barton

Springs salamander as an endangered

species is August 17, 1995. The

reopened comment period closes May

17, 1995.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to the U.S. Fish and Wildlife Service,

Austin Ecological Services Field Office,

10711 Burnet Road, Suite 200, Austin,

Texas 78758. Comments and materials

received will be available for public

inspection, by appointment, during

normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT:

Texas State Administrator, U.S. Fish

and Wildlife Service, Ecological

Services, 10711 Burnet Road, Suite 200,

Austin, Texas 78758 (telephone [512]

490–0057, fax [512] 490–0974).

SUPPLEMENTARY INFORMATION:

Background

The proposed rule to list the Barton

Springs salamander as an endangered

species was published on February 17,

1994 (59 FR 7968). The primary threat

to this species is contamination of the

waters that supply Barton Springs by

potential catastrophic events and

chronic degradation resulting from

urban activities. Also of concern are

disturbances to the salamander’s surface

habitat (the waters in Barton Springs,

Eliza Pool, and Sunken Garden Springs)

and reduced groundwater supplies

resulting from increased groundwater

withdrawal.

The comment period on the proposed

rule originally closed April 18, 1994. It

was reopened May 26, 1994, and closed

July 1, 1994. During the comment

periods and subsequent to the close of

comment on this proposal, the Service

has received recommendations and

information relevant to a final decision

on the listing of the salamander. In

order to adequately incorporate all

available pertinent information in the

deliberation leading to a decision and to

ensure an opportunity for public

comment on as complete an

administrative record as possible, the

deadline for final action on this

proposal is being extended and the

comment period reopened.

The Service has received several

comments regarding the adequacy of

search efforts to determine if the

currently known distribution is

restricted solely to the Barton Springs

complex. Comments received from

scientific experts refer to extensive

search efforts in springs throughout a

several-county area. However, a few

caves were identified that may support

the salamander, but that had not been

adequately surveyed.

On September 19, 1994, the Barton

Springs/Edwards Aquifer Conservation

District submitted a report titled, Barton

Springs/Edwards Aquifer Hydrogeology

and Water Quality, to the Service. The

report appears to contain significant

new information regarding water quality

throughout the Barton Springs/Edwards

Aquifer system. Water quality data

contained in this report may provide

important information on the effects of

existing and historical land use on water

quality, and potential threats to the

Barton Springs salamander. The Service

considers it important that this report be

entered into the record and made

available for public comment before a

final decision is made on the listing.

In October 1994 the Texas Parks and

Wildlife Department appointed an

Aquatic Biological Advisory Team

specifically to consider the conservation

and research needs of three species of

Eurycea, including the Barton Springs

salamander. The team will not report its

findings and recommendations for

several more months; the Service

believes that this team’s results should

be considered in reaching a final listing

decision.

In February 1995 the Governor of

Texas requested that the Secretary of the
13106 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Proposed Rules

Interior delay final decision on the

proposal for 6 months to provide the

State an opportunity to take

conservation measures for the

salamander that would make federal

listing unnecessary. The Texas Parks

and Wildlife Department (TPWD) also

supported an extension, indicated that

all reasonable actions in support of

conserving the species had not been

exhausted, and expressed reservations

concerning the documentation of the

range of the species and threats to it.

TPWD also expressed interest in using

the extension to better ascertain the

status of biological issues and to pursue

State and local conservation options; the

Service will welcome any assistance the

State of Texas might provide toward

these ends. The Act pays special

deference to the views of the States in

the listing of species, requiring that

State identification of a species as in

danger of extinction be considered in

listing species under the Act (section

4(b)(1)(B)(ii)), that States be notified of

proposed listings (section 4(b)(5)(A)(ii)),

and that States be provided specific

explanations of listing decisions that are

counter to State recommendations

(section 4(i)). The Service intends to

further consider the possible relevance

of State conservation efforts to the final

listing decision.

The Endangered Species Act allows

extension of the normal 1-year deadline

for taking final actions on a proposal to

list species for up to 6 months when

there is a ‘‘substantial disagreement

regarding the sufficiency or accuracy of

the available data relevant to the

determination.’’ The Service believes

that the several unresolved issues

enumerated above are directly relevant

to the sufficiency and accuracy of the

available data upon which a listing

decision may be made and consequently

is extending the deadline for a decision.

In order to allow full public comment

on these issues as well as the proposed

listing itself, the Service is reopening

the comment period until May 17, 1995.

Written comments should be submitted

to the Service office in the Addresses

section above. Comments submitted

during previous comment periods will

be considered and need not be

resubmitted.

Author

The primary author of this notice is Sam

D. Hamilton, Texas State Administrator,

10711 Burnet Road, Suite 301, Austin, Texas

78758.

Authority

The Authority for this action is the

Endangered Species Act (16 U.S.C. 1531 et

seq.).

Dated: March 6, 1995.

(Notice: Extension of comment period on

proposal to list Barton Springs salamander).

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95–5880 Filed 3–9–95; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 672 and 675

[Docket No. 950301062–5062–01; I.D.

021695C]

RIN 0648–AH40

Groundfish of the Gulf of Alaska;

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area; Revise

Product Recovery Rate for Pollock

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes regulations to

revise the standard product recovery

rate for pollock, deep skin fillets, and

product code 24. The proposed revision

is necessary to respond to new

information on the current recovery rate

achieved by the groundfish processing

industry for this product type. This

action is intended to further the

objectives of the fishery management

plans (FMPs) for the groundfish

fisheries off Alaska.

DATES: Comments must be received at

the following address by April 10, 1995.

ADDRESSES: Comments must be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802, Attn: Lori Gravel. Individual

copies of the environmental assessment/

regulatory impact review prepared for

rulemaking establishing standard

product recovery rates may be obtained

from the same address.

FOR FURTHER INFORMATION CONTACT:

Ronald J. Berg, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

exclusive economic zone of the Gulf of

Alaska (GOA) and the Bering Sea and

Aleutian Islands management area

(BSAI) are managed by NMFS in

accordance with the FMP for

Groundfish of the Gulf of Alaska and the

FMP for the Groundfish Fishery of the

Bering Sea and Aleutian Islands. The

FMPs were prepared by the North

Pacific Fishery Management Council

under the Magnuson Fishery

Conservation and Management Act and

are implemented by regulations that

appear at 50 CFR parts 672, 675, and

676. General regulations that also

govern the groundfish fisheries appear

at 50 CFR part 620.

Regulations at §§ 672.20(j) and

675.20(k) establish standard product

types and standard product recovery

rates (PRR). This rule proposes to revise

the pollock deep skin fillet PRR from

the current standard of 0.13 to 0.16. It

is based on results of 49 recovery tests

conducted by NMFS-certified observers

during the 1994 fishing year.

This test method calculated the ratio

of the product weight of deep skin fillets

to the round weight of a basket sample

of pollock that had been weighed before

processing. The tests used an aggregate

of 315 metric tons (mt) of pollock deep

skin fillets produced from 1,936 mt of

round-weight pollock, yielding an

average recovery rate of 0.16, with a

range of 0.09 to 0.22. On average, NMFS

has determined that a recovery rate of

0.13 is inaccurate and that a recovery

rate of 0.16 best represents that achieved

by the industry. The proposed revision

is within the scope of issues addressed

in the final rulemaking for standard

product recovery rates set forth at

§§ 672.20(j) and 675.20(k) as published

in the Federal Register (59 FR 50699,

October 5, 1994).

NMFS uses standard PRRs for each

groundfish product to calculate fee

assessments for purposes of funding the

North Pacific Fisheries Research Plan

(Research Plan), which is a program

designed to pay for certified observers

who collect information used for fishery

conservation and management

purposes. NMFS uses the best available

information for specifying standard

PRRs to calculate round weight

equivalents for purposes of determining

exvessel values of retained groundfish

to assess Research Plan fees.

If the standard PRR of 0.13 were to

remain unchanged, the impact on the

Research Plan fee assessment program

could have the following economic

impacts. In 1994, 23,302 mt of pollock

deep skin fillets were produced off

Alaska. The round-weight equivalents of

this amount are 179,246 mt and 145,638

mt, using a PRR of 0.13 and 0.16,

respectively, which is a difference of

33,608 mt. Under the Research Plan,

processors must pay a fee in an amount

not to exceed 2 percent of the exvessel

value of the round-weight equivalents of

retained fish, including pollock, as

defined in the final rule implementing

the Research Plan (59 FR 46126,