66868 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Proposed Rules

for this allotment. As requested, we

propose to allot DTV Channel 39 to

Green Bay with a power of 1000 and a

height above average terrain (HAAT) of

364 meters.

DATES: Comments must be filed on or

before February 4, 2002, and reply

comments on or before February 19,

2002.

ADDRESSES: Federal Communications

Commission, 445 12th Street, SW.,

Room TW–A325, Washington, DC

20554. In addition to filing comments

with the FCC, interested parties should

serve the petitioner, or its counsel or

consultant, as follows: Raymond A.

White, Assistant General Counsel, CBS

Broadcasting Inc., 600 New Hampshire

Avenue, Suite 1200, Washington, DC

20037.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

01–334, adopted December 13, 2001,

and released December 19, 2001. The

full text of this document is available for

public inspection and copying during

regular business hours in the FCC

Reference Information Center, Portals II,

445 12th Street, SW., Room CY–A257,

Washington, DC, 20554. This document

may also be purchased from the

Commission’s duplicating contractor,

Qualex International, Portals II, 445

12th Street, SW., Room CY–B402,

Washington, DC, 20554, telephone 202–

863–2893, facsimile 202–863–2898, or

via-e-mail qualexint@aol.com.

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

Television, Digital television

broadcasting.

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

part 73 as follows:

PART 73—TELEVISION BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

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

336.

§73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Wisconsin is amended by removing

DTV Channel 56 and adding DTV

Channel 39 at Green Bay.

Federal Communications Commission

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–31831 Filed 12–26–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AI19

Endangered and Threatened Wildlife

and Plants; Listing the Tumbling Creek

Cavesnail as Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: We, the Fish and Wildlife

Service (Service), propose to list the

Tumbling Creek cavesnail, Antrobia

culveri, as endangered pursuant to the

Endangered Species Act of 1973, as

amended (Act). An emergency rule

listing this species as endangered for

240 days is published concurrently in

this issue of the Federal Register. This

species is known to occur in one cave

in Missouri. The distribution of this

species has decreased in Tumbling

Creek by 90 percent since 1974.

Although cavesnail numbers fluctuated

seasonally and annually between 1996

and 2000, it was not found in the

monitored section of the cave stream

during five surveys in 2001. A few

individuals continue to be found in an

upstream area, but the population has

declined so drastically that the species

is on the verge of extinction. Reasons for

the decline are unknown, but are likely

caused by activities in Tumbling Creek

Cave’s surface recharge area that have

degraded the stream’s water quality.

Critical habitat is not being proposed at

this time. We solicit additional data,

information, and comments from the

public that may assist us in making a

final decision on this proposed action.

DATES: Comments from all interested

parties must be received by February 25,

2002. Public hearing requests must be

received by February 11, 2002.

ADDRESSES: Comments and other

materials concerning this proposal

should be sent to the Field Supervisor,

Columbia, Missouri Field Office, U.S.

Fish and Wildlife Service, 608 E. Cherry

St., Room 200, Columbia, Missouri

65201–7712. Comments and materials

received, as well as the supporting

documentation used in preparing the

rule, will be available for public

inspection, by appointment, during

normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT: Dr.

Paul McKenzie at the address listed

above (telephone: 573–876–1911, ext.

107; email: paul_mckenzie@fws.gov;

facsimile: 573–876–1914; or Mr. Ron

Refsnider, U.S. Fish and Wildlife

Service, Bishop Henry Whipple Federal

Building, 1 Federal Drive, Fort Snelling,

Minnesota 55111–4056; telephone: 612–

713–5346; email:

ron_refsnider@fws.gov; facsimile: 612–

713–5292).

SUPPLEMENTARY INFORMATION:

Background

For a discussion of biological

background information, previous

Federal actions, factors affecting the

species, critical habitat, and

conservation measures available,

consult the emergency rule for the

Tumbling Creek cavesnail published

concurrently in this issue of the Federal

Register.

Public Comments Solicited

We intend that any final action

resulting from this proposal will be as

accurate and as effective as possible.

Therefore, we solicit comments or

suggestions from the public, other

concerned governmental agencies, the

scientific community, industry, or any

other interested party concerning this

proposed rule. We particularly seek

comments concerning:

(1) Biological, commercial trade, or

other relevant data concerning any

threat (or lack thereof) to this species;

(2) The location of any additional

populations of this species;

(3) Additional information concerning

the range, distribution, and population

size of this species;

(4) Current or planned activities in the

subject area and their possible impacts

on this species; and

(5) The reasons why any habitat

should or should not be determined to

be critical habitat as provided by section

4 of the Act.

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Proposed Rules 66869

In making any final decision on this

proposal we will take into consideration

the comments and any additional

information we receive, and such

communications may lead to a final

regulation that differs from this

proposal.

The Act requires that a public hearing

be held if requested within 45 days of

the date of publication of a proposed

rule. Such requests must be made in

writing and must be addressed to the

Field Supervisor of our Columbia,

Missouri, Field Office. (See ADDRESSES

section).

National Environmental Policy Act

We have determined that an

Environmental Assessment or

Environmental Impact Statement, as

defined under the authority of the

National Environmental Policy Act of

1969, need not be prepared in

connection with regulations adopted

pursuant to section (4)(a) of the

Endangered Species Act. We published

a notice outlining our reasons for this

determination in the Federal Register

on October 25, 1983 (48 FR 49244).

Paperwork Reduction Act

This rule does not contain any

collections of information other than

those already approved under the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq., and assigned Office of

Management and Budget clearance

number 1018–0094. An agency may not

conduct or sponsor, and a person is not

required to respond to, a collection of

information unless it displays a

currently valid control number. For

additional information concerning

permit and associated requirements for

endangered species, see 50 CFR 17.21

and 17.22.

Author

The primary author of this proposed

rule is Paul McKenzie, Ph.D., of our

Columbia, Missouri, Field Office (see

ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Proposed Regulation Promulgation

For the reasons given in the preamble

to the emergency rule listing the

Tumbling Creek cavesnail as

endangered, published concurrently in

this issue of the Federal Register, we

propose to amend part 17, subchapter B

of chapter I, title 50 of the Code of

Federal Regulations, as set forth below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500, unless otherwise noted.

2. Amend § 17.11(h) by adding the

following, in alphabetical order under

SNAILS, to the List of Endangered and

Threatened Wildlife:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *

Species

Historic range

Vertebrate population where endangered or threatened

Status When listed Critical habitat

Special

rules Common name Scientific name

*******

SNAILS

*******

Cavesnail, Tumbling

Creek.

Antrobia culveri ....... U.S.A. (MO) ............ NA ........................... E .................... NA NA

*******

Dated: December 10, 2001.

Marshall P. Jones Jr.,

Acting Director, Fish and Wildlife Service.

[FR Doc. 01–31306 Filed 12–26–01; 8:45 am]

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