Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Proposed Rules 67341 

5–C225, 445 12th Street, SW., 

Washington, DC 20554, or by e-mail to 

heather.hendrickson@fcc.gov. Parties 

shall also serve one copy with the 

Commission’s copy contractor, Best 

Copy and Printing, Inc. (BCPI), Portals 

II, 445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, (202) 488–5300, 

or via e-mail to fcc@bcpiweb.com. 

34. Documents in WC Docket No. 

10–191 will be available for public 

inspection and copying during business 

hours at the FCC Reference Information 

Center, Portals II, 445 12th Street SW., 

Room CY–A257, Washington, DC 20554. 

The documents may also be purchased 

from BCPI, telephone (202) 488–5300, 

facsimile (202) 488–5563, TTY (202) 

488–5562, e-mail fcc@bcpiweb.com. 

V. Ordering Clauses 

35. Accordingly, it is ordered, 

pursuant to the authority contained in 

sections 1, 4(i), 4(j), 225, 251(e), and 255 

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, 

0.291, 0.361, and 1.3 of the 

Commission’s rules, 47 CFR 0.91, 0.141, 

0.291, 0.361, 1.3, that this Notice of 

Proposed Rulemaking is adopted. 

36. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this NPRM, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 64 

Telecommunications. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

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 

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: 

§ 64.611 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. 

(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 

geographically appropriate NANP 

telephone number. 

* * * * * 

[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 http:// 

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. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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. 

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. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Proposed Rules 67343 

References Cited 

A complete list of references cited is 

available on the Internet at http:// 

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 


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