Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Proposed Rules 30081

Dated: April 25, 2011. not being considered for deletion as part Docket Jared Blumenfeld, of this action. All documents in the docket are listed Regional Administrator, Region IX. DATES: Comments must be received by in the http://www.regulations.gov index. [FR Doc. 2011–12612 Filed 5–23–11; 8:45 am] June 23, 2011. Although listed in the index, some BILLING CODE 6560–50–P ADDRESSES: Submit your comments, information is not publicly available, identified by Docket ID no. EPA–HQ– e.g., CBI or other information whose SFUND–1983–0002, by one of the disclosure is restricted by statue. Certain ENVIRONMENTAL PROTECTION following methods: other material, such as copyrighted AGENCY • http://www.regulations.gov. Follow material, will be publicly available only online instructions for submitting 40 CFR Part 300 comments. in hard copy. Publicly available docket [EPA–HQ–SFUND–1983–0002; FRL–9310–7] • E-mail: Linda Kiefer, materials are available either [email protected] electronically in http:// National Oil and Hazardous • Fax: (303) 312–7151 www.regulations.gov or in hard copy at: Substances Pollution Contingency • Mail: Linda Kiefer, Remedial U.S. EPA Region 8, Superfund Records Plan; National Priorities List: Partial Project Manager, Environmental Center, 1595 Wynkoop Street, Denver, Deletion of the California Gulch Protection Agency, Region 8, Mail Code CO 80202. (303) 312–6473 or toll free Superfund Site 8EPR–SR, 1595 Wynkoop Street, (800) 227–8917; Viewing hours: 8:00 a.m. to 4:30 p.m., Monday through AGENCY: Environmental Protection Denver, CO 80202–1129 • Friday, excluding holidays; and Lake Agency. Hand delivery: Environmental Protection Agency, Region 8, Mail Code County Public Library, 1115 Harrison ACTION: Proposed rule. 8EPR–SR, 1595 Wynkoop Street, Avenue, Leadville, CO 80461, (719) SUMMARY: The Environmental Protection Denver, CO 80202–1129. Such 486–0569 Agency (EPA) Region 8 is issuing a deliveries are only accepted during the FOR FURTHER INFORMATION CONTACT: Notice of Intent to Partially Delete the Docket’s normal hours of operation, and Linda Kiefer, Remedial Project Manager, special arrangements should be made remaining portions of Operable Unit 9 U.S. Environmental Protection Agency, for deliveries of boxed information. (OU9), the Residential Populated Areas, Region 8, Mailcode EPR–SR, 1595 Instructions: Direct your comments to of the California Gulch Superfund Site Wynkoop Street, Denver, CO 80202– (Site), located in Lake County, Colorado, Docket ID no. EPA–HQ–SFUND–1983– 1129, (303) 312–6689, e-mail: from the National Priorities List (NPL) 0002. EPA’s policy is that all comments [email protected]. and requests public comments on this received will be included in the public proposed action. The NPL, promulgated docket without change and may be SUPPLEMENTARY INFORMATION: In the pursuant to section 105 of the made available online at http:// ‘‘Rules and Regulations’’ Section of Comprehensive Environmental www.regulations.gov, including any today’s Federal Register, we are Response, Compensation, and Liability personal information provided, unless publishing a direct final Notice of Act (CERCLA) of 1980, as amended, is the comment includes information Partial Deletion for the remaining an appendix of the National Oil and claimed to be Confidential Business portions of Operable Unit 9 (OU9), the Hazardous Substances Pollution Information (CBI) or other information Residential Populated Areas, of the Contingency Plan (NCP). The EPA and whose disclosure is restricted by statute. California Gulch Superfund Site (Site) the State of Colorado, through the Do not submit information that you without prior Notice of Intent for Partial Colorado Department of Public Health consider to be CBI or otherwise Deletion because EPA views this as a and Environment (CDPHE), have protected through http:// noncontroversial revision and determined that all appropriate www.regulations.gov or e-mail. The anticipates no adverse comment. We http://www.regulations.gov Web site is response actions at these identified have explained our reasons for this an ‘‘anonymous access’’ system, which parcels under CERCLA, other than partial deletion in the preamble to the means EPA will not know your identity operation, maintenance, and five-year direct final Notice of Partial Deletion, or contact information unless you reviews (include if applicable), have and those reasons are incorporated provide it in the body of your comment. been completed. However, this deletion herein. If we receive no adverse If you send an e-mail comment directly does not preclude future actions under comment(s) on this partial deletion to EPA without going through http:// Superfund. action, we will not take further action This partial deletion pertains to the www.regulations.gov, your e-mail on this Notice of Intent for Partial remaining portions of OU9, the address will be automatically captured Deletion. If we receive adverse Residential Populated Areas. Subunits and included as part of the comment comment(s), we will withdraw the A and B, residential waste rock piles, that is placed in the public docket and and the parks and playgrounds within made available on the Internet. If you direct final Notice of Partial Deletion Operable Unit 9 were partially deleted submit an electronic comment, EPA and it will not take effect. We will, as from the NPL on January 30, 2002. In recommends that you include your appropriate, address all public addition, OU2, OU8, and OU10 have name and other contact information in comments in a subsequent final Notice been partially deleted from the NPL. the body of your comment and with any of Partial Deletion based on this Notice The Yak Tunnel (OU1), D&RGW Slag disk or CD–ROM you submit. If EPA of Intent for Partial Deletion. We will Piles and Easement (OU3), Upper cannot read your comment due to not institute a second comment period California Gulch (OU4), ASARCO technical difficulties and cannot contact on this Notice of Intent for Partial Smelter/Colorado Zinc-Lead Mill Site you for clarification, EPA may not be Deletion. Any parties interested in (OU5), Stray Horse Gulch (OU6), able to consider your comment. commenting must do so at this time. Apache Tailing (OU7), Arkansas River Electronic files should avoid the use of For additional information, see the Floodplain (OU11), and Site-wide special characters, any form of direct final Notice of Partial Deletion Surface and Groundwater Quality encryption, and be free of any defects or which is located in the Rules section of (OU12) will remain on the NPL and are viruses. this Federal Register.

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List of Subjects in 40 CFR Part 300 receive information on or before July 25, interested parties. We seek information Environmental protection, Air 2011. Please note that if you are using on: pollution control, Chemicals, Hazardous the Federal eRulemaking Portal (see (1) The biology, range, and population waste, Hazardous substances, ADDRESSES section, below), the deadline trends of the species and of both its Intergovernmental relations, Penalties, for submitting an electronic comment is subspecies, including: (a) Habitat requirements for feeding, Reporting and recordkeeping Eastern Daylight Time on this date. breeding, and sheltering; requirements, Superfund, Water ADDRESSES: You may submit information by one of the following (b) Genetics and taxonomy; pollution control, Water supply. (c) Historical and current range, methods: including distribution patterns; Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. • Federal eRulemaking Portal: http:// 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, (d) Historical and current population 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; www.regulations.gov. In the box that levels, and current and projected trends; 3 CFR, 1987 Comp., p. 193. reads ‘‘Enter Keyword or ID,’’ enter the and Docket number for this finding, which Dated: May 10, 2011. (e) Past and ongoing conservation is [Docket No. FWS–R2–ES–2011–0017]. measures for the species, its habitat, or James Martin, Check the box that reads ‘‘Open for Regional Administrator, Region 8. both. Comment/Submission,’’ and then click (2) The factors that are the basis for [FR Doc. 2011–12766 Filed 5–23–11; 8:45 am] the Search button. You should then see making a listing determination for a BILLING CODE 6560–50–P an icon that reads ‘‘Submit a Comment.’’ species under section 4(a) of the Please ensure that you have found the Endangered Species Act of 1973, as correct rulemaking before submitting amended (Act) (16 U.S.C. 1531 et seq.), DEPARTMENT OF THE INTERIOR your comment. which are: • U.S. mail or hand-delivery: Public (a) The present or threatened Fish and Wildlife Service Comments Processing, Attn: [Docket No. destruction, modification, or FWS–R2–ES–2011–0017]; Division of curtailment of its habitat or range; 50 CFR Part 17 Policy and Directives Management; U.S. (b) Overutilization for commercial, [Docket No. FWS–R2–ES–2011–0017; MO Fish and Wildlife Service; 4401 N. recreational, scientific, or educational 92210–0–0008B2] Fairfax Drive, MS 2042–PDM; purposes; Arlington, VA 22203. (c) Disease or predation; Endangered and Threatened Wildlife We will post all information we (d) The inadequacy of existing and Plants; 90-Day Finding on a receive on http://www.regulations.gov. regulatory mechanisms; or Petition To List the Spot-Tailed Earless This generally means that we will post (e) Other natural or manmade factors Lizard as Endangered or Threatened any personal information you provide affecting its continued existence. (3) us (see the Request for Information Information related to the specific AGENCY: Fish and Wildlife Service, threats to the spot-tailed earless lizard Interior. section below for more details). After July 25, 2011, you must submit and both subspecies of the spot-tailed ACTION: Notice of petition finding and information directly to the Field Office earless lizard. initiation of status review. (see FOR FURTHER INFORMATION CONTACT If, after the status review,we determine that listing the spot-tailed SUMMARY: We, the U.S. Fish and section below). Please note that we Wildlife Service (Service), announce a might not be able to address or earless lizard or either of its subspecies 90-day finding on a petition to list the incorporate information that we receive is warranted, we will propose critical spot-tailed earless lizard (Holbrookia after the above requested date. habitat (see definition in section 3(5)(A) of the Act), under section 4 of the Act, lacerata) as endangered or threatened FOR FURTHER INFORMATION CONTACT: to the maximum extent prudent and under the Endangered Species Act of Adam Zerrenner, Field Supervisor, determinable at the time we propose to 1973, as amended (Act), and to Austin Ecological Services Field Office; list the species. Therefore, within the designate critical habitat. Based on our by U.S. mail at 10711 Burnet Road, geographical range currently occupied review, we find that the petition Suite 200, Austin, TX 78758; by by the spot-tailed earless lizard, we presents substantial scientific or telephone (512–490–0057); or by request data and information on: commercial information indicating that facsimile (512–490–0974). If you use a (1) What may constitute ‘‘physical or listing this species may be warranted. telecommunications device for the deaf biological features essential to the Therefore, with the publication of this (TDD), please call the Federal conservation of the species’’; notice, we are initiating a review of the Information Relay Service (FIRS) at (2) Where these features are currently status of the species to determine if 800–877–8339. found; and listing the spot-tailed earless lizard is SUPPLEMENTARY INFORMATION: (3) Whether any of these features may warranted. To ensure that this status require special management Request for Information review is comprehensive, we are considerations or protection. requesting scientific and commercial When we make a finding that a In addition, we request data and data and other information regarding the petition presents substantial information on ‘‘specific areas outside spot-tailed earless lizard, including its information indicating that listing a the geographical area occupied by the two subspecies (Holbrookia lacerata species may be warranted, we are species’’ that are ‘‘essential to the lacerata and Holbrookia lacerata required to promptly review the status conservation of the species.’’ Please subcaudalis). Based on the status of the species (status review). For the provide specific comments and review, we will issue a 12-month status review to be complete and based information as to what, if any, critical finding on the petition, which will on the best available scientific and habitat you think we should propose for address whether the petitioned action is commercial information, we request designation if the species is proposed warranted, as provided in section information on the spot-tailed earless for listing, and why such habitat meets 4(b)(3)(B) of the Act. lizard from governmental agencies, the requirements of section 4 of the Act. DATES: To allow us adequate time to Native American Tribes, the scientific Please include sufficient information conduct this review, we request that we community, industry, and any other with your submission (such as scientific

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