54822 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Proposed Rules Region 8, 1595 Wynkoop Street, Denver, South, Denver, CO 80246, Hours: M–F, DEPARTMENT OF THE INTERIOR Colorado 80202–1129, (303) 312–6633. 8 a.m. to 5 p.m. • Hand delivery: Environmental Fish and Wildlife Service Protection Agency, 1595 Wynkoop FOR FURTHER INFORMATION CONTACT: Street, Denver, Colorado. Such Rebecca Thomas, Project Manager 50 CFR Part 17 deliveries are only accepted during the (8EPR–SR), U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado [Docket No. FWS–R2–ES–2009–0041] Docket’s normal hours of operation, and [MO 92210–0–008] special arrangements should be made 80202–1129, (303) 312–6552, for deliveries of boxed information. [email protected]. Endangered and Threatened Wildlife Instructions: Direct your comments to and Plants; 12-Month Finding on a SUPPLEMENTARY INFORMATION: In the Docket ID no. EPA–HQ–SFUND–1983– Petition To List the Jemez Mountains ‘‘Rules and Regulations’’ Section of 0002. EPA’s policy is that all comments Salamander (Plethodon today’s Federal Register, we are received will be included in the public neomexicanus) as Endangered or docket without change and may be publishing a direct final Notice of Threatened With Critical Habitat made available online at http:// Partial Deletion for each of the 11 www.regulations.gov, including any operable units, with the exception of AGENCY: Fish and Wildlife Service, personal information provided, unless groundwater contamination associated Interior. the comment includes information with Operable Unit 8, of the Denver ACTION: Notice of 12–month petition claimed to be Confidential Business Radium Superfund Site without prior finding. Information (CBI) or other information Notice of Intent for Partial Deletion whose disclosure is restricted by statute. because EPA views this as a SUMMARY: We, the U.S. Fish and Do not submit information that you noncontroversial revision and Wildlife Service (Service), announce a consider to be CBI or otherwise anticipates no adverse comment. We 12–month finding on a petition to list protected through http:// have explained our reasons for this the Jemez Mountains salamander www.regulations.gov or e-mail. The partial deletion in the preamble to the (Plethodon neomexicanus) as an http://www.regulations.gov Web site is endangered or threatened species and to direct final Notice of Partial Deletion, an ‘‘anonymous access’’ system, which designate critical habitat under the and those reasons are incorporated means EPA will not know your identity Endangered Species Act of 1973, as or contact information unless you herein. If we receive no adverse amended (Act). After review of all provide it in the body of your comment. comment(s) on this partial deletion available scientific and commercial If you send an e-mail comment directly action, we will not take further action information, we find that listing the to EPA without going through http:// on this Notice of Intent for Partial Jemez Mountains salamander as www.regulations.gov, your e-mail Deletion. If we receive adverse endangered or threatened throughout its address will be automatically captured comment(s), we will withdraw the range is warranted. Currently, however, and included as part of the comment direct final Notice of Partial Deletion, listing the Jemez Mountains salamander that is placed in the public docket and and it will not take effect. We will, as is precluded by higher priority actions made available on the Internet. If you appropriate, address all public to amend the Lists of Endangered and submit an electronic comment, EPA comments in a subsequent final Notice Threatened Wildlife and Plants. Upon recommends that you include your of Partial Deletion based on this Notice publication of this 12–month petition name and other contact information in of Intent for Partial Deletion. We will finding, we will add the Jemez the body of your comment and with any not institute a second comment period Mountains salamander to our candidate disk or CD–ROM you submit. If EPA on this Notice of Intent for Partial species list. We will develop a proposed cannot read your comment due to Deletion. Any parties interested in rule to list the Jemez Mountains technical difficulties and cannot contact commenting must do so at this time. salamander as our priorities allow. We you for clarification, EPA may not be will make any determination on critical For additional information, see the able to consider your comment. habitat during development of the direct final Notice of Partial Deletion Electronic files should avoid the use of proposed rule. In the interim period, we special characters, any form of which is located in the Rules section of will address the status of the candidate encryption, and be free of any defects or this Federal Register. taxon through our annual Candidate viruses. List of Subjects in 40 CFR Part 300 Notice of Review (CNOR). Docket: All documents in the docket DATES: The finding announced in this are listed in the http:// Environmental protection, Air document was made on September 9, www.regulations.gov index. Although pollution control, Chemicals, Hazardous 2010. listed in the index, some information is waste, Hazardous substances, ADDRESSES: not publicly available, e.g., CBI or other Intergovernmental relations, Penalties, This finding is available on the Internet at http:// information whose disclosure is Reporting and recordkeeping restricted by statute. Certain other www.regulations.gov at Docket Number requirements, Superfund, Water material, such as copyrighted material, FWS-R2-ES-2009-0041. Supporting pollution control, Water supply. will be publicly available only in the documentation we used in preparing hard copy. Publicly available docket Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. this finding is available for public materials are available either 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, inspection, by appointment, during electronically in http:// 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; normal business hours by contacting the www.regulations.gov or in hard copy at: 3 CFR, 1987 Comp., p. 193. U.S. Fish and Wildlife Service, New U.S. Environmental Protection Agency Dated: August 31, 2010. Mexico Ecological Services Office, 2105 Region 8 Records Center, 1595 James B. Martin, Osuna NE, Albuquerque, NM 87113. Wynkoop Street, Denver, CO 80202, Please submit any new information, Hours: M–F, 8 a.m. to 4 p.m., Colorado Regional Administrator, Region 8. materials, comments, or questions Department of Public Health and the [FR Doc. 2010–22488 Filed 9–8–10; 8:45 am] concerning this finding to the above Environment, 4300 Cherry Creek Drive BILLING CODE 6560–50–P address. VerDate Mar<15>2010 16:58 Sep 08, 2010 Jkt 220001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\09SEP1.SGM 09SEP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Proposed Rules 54823 FOR FURTHER INFORMATION CONTACT: as a Category 1 species with a superseded the Memorandum of Wally Murphy, Field Supervisor, New ‘‘declining’’ status (56 FR 58814). Agreement. The stated purpose of the Mexico Ecological Services Office (see Category 1 status included those species Conservation Agreement and the ADDRESSES); by telephone at 505-346- for which the Service had on file Cooperative Management Plan was to 2525; or by facsimile at 505-346-2542. If substantial information regarding the provide for the long-term conservation you use a telecommunications device species’ biological vulnerability and of salamanders by reducing or removing for the deaf (TDD), please call the threat(s) to support proposals to list threats to the species and by proactively Federal Information Relay Service them as endangered or threatened managing their habitat (NMEST 2000 (FIRS) at 800–877–8339. species. The ‘‘declining’’ status indicated Conservation Agreement, p. 1). In a SUPPLEMENTARY INFORMATION: decreasing numbers, increasing threats, Decision Notice and Finding of No or both. Significant Impact for the Forest Plan Background On May 30, 1991, the Service, the Amendment for Managing Special Section 4(b)(3)(B) of the Act (16 U.S. Forest Service (USFS), and the New Status Species Habitat, signed on U.S.C. 1531 et seq.), requires that, for Mexico Department of Game and Fish December 8, 2004, the Cooperative any petition to revise the Federal Lists (NMDGF) signed a Memorandum of Management Plan was incorporated into of Threatened and Endangered Wildlife Agreement outlining actions to be taken the Santa Fe National Forest Plan. and Plants that contains substantial to protect the salamander and its habitat On October 15, 2008, we received a scientific or commercial information on the Santa Fe National Forest lands, petition dated October 9, 2008, from indicating that listing the species may including the formation of a team of WildEarth Guardians requesting that we be warranted, we make a finding within agency biologists to immediately list the Jemez Mountains salamander 12 months of the date of receipt of the implement the Memorandum of (Plethodon neomexicanus) (salamander) petition. In this finding we determine Agreement and to develop a as endangered or threatened under the that the petitioned action is: (a) Not management plan for the species. The Act, and designate critical habitat. On warranted, (b) warranted, or (c) management plan was to be August 11, 2009, we published a 90–day warranted, but immediate proposal of a incorporated into the Santa Fe National finding that the petition presented Forest Plan. On April 3, 1992, we regulation implementing the petitioned substantial information that listing the published a 12–month finding that action is precluded by other pending salamander may be warranted and that listing the salamander was not proposals to determine whether species initiated a status review of the species are endangered or threatened, and warranted because of the conservation (74 FR 40132).