19304 Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Proposed Rules 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: March 30, 2011. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2011–8330 Filed 4–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2010–0041;MO 

92210–0–0008] 

RIN 1018–AV97 

Endangered and Threatened Wildlife 

and Plants; Endangered Status for 

Dunes Sagebrush Lizard 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period and announcement of 

public hearings. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the 

reopening of the public comment period 

on the December 14, 2010, proposed 

rule to list the dunes sagebrush lizard 

(Sceloporus arenicolus) under the 

Endangered Species Act of 1973, as 

amended (Act). We are reopening the 

comment period to allow all interested 

parties another opportunity to comment 

on the proposed rule. Comments 

previously submitted need not be 

resubmitted and will be fully 

considered in preparation of the final 

rule. We will also hold two public 

informational sessions and hearings (see 

DATES and ADDRESSES sections). 

DATES: We will consider comments 

received on or before May 9, 2011. 

Comments must be received by 11:59 

p.m. Eastern Time on the closing date. 

Any comments that we receive after the 

closing date may not be fully considered 

in the final decision on this action. 

We will hold a public informational 

session from 3:30 p.m. to 5 p.m., 

followed by a public hearing from 6:30 

p.m. to 8 p.m., on each of the following 

dates: 

1. April 27, 2011: Midland, Texas. 

2. April 28, 2011: Roswell, New 

Mexico. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R2–ES–2010–0041. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R2– 

ES–2010–0041; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will post all comments on 

http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Public Comments section below 

for more information). 

Information Sessions and Hearings 

The public informational sessions and 

hearings will be held at the following 

locations: 

1. Midland, Texas: Midland Center & 

Centennial Plaza, 105 N. Main Street, 

Midland, Texas 79701. 

2. Roswell, New Mexico: ENMU— 

Roswell, Performing Arts Center, 64 

University Blvd., Roswell, New Mexico 

88202. 

People needing reasonable 

accommodations in order to attend and 

participate in the public hearings 

should contact Wally ‘‘J’’ Murphy, New 

Mexico Ecological Services Field Office, 

at 505–761–4718 as soon as possible 

(see FOR FURTHER INFORMATION CONTACT). 

In order to allow sufficient time to 

process requests, please call no later 

than one week before the hearing date. 

FOR FURTHER INFORMATION CONTACT: 

Wally ‘‘J’’ Murphy, Field Supervisor, 

New Mexico Ecological Services Field 

Office, 2105 Osuna NE., Albuquerque, 

NM 87113; by telephone 505–761–4781 

or by facsimile 505–346–2542. Persons 

who use a telecommunications device 

for the deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Comments 

We will accept written comments and 

information during this reopened 

comment period for the proposed rule to 

list the dunes sagebrush lizard 

(Sceloporus arenicolus) that was 

published in the Federal Register on 

December 14, 2010 (75 FR 77801). We 

intend that any final action resulting 

from this proposed rule will be based on 

the best scientific and commercial data 

available and be as accurate and as 

effective as possible. Therefore, we 

request comments or information from 

the public, other concerned government 

agencies, the scientific community, 

industry, or other interested parties 

concerning this proposed rule. Verbal 

testimony or written comments may 

also be presented during the public 

hearing. We will consider information 

and recommendations from all 

interested parties. We are particularly 

interested in comments concerning: 

(1) Information on the dunes 

sagebrush lizard relevant to the factors 

that are the basis for making a listing 

determination for a species under 

section 4(a) of the Endangered Species 

Act of 1973, as amended (Act) (16 

U.S.C. 1531 et seq.). These factors are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; 

(b) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(c) Disease or predation; 

(d) The inadequacy of existing 

regulatory mechanisms; or 

(e) Other natural or manmade factors 

affecting its continued existence. 

(2) Additional information concerning 

the range, distribution, and population 

size of this species, including the 

locations of any additional populations 

of this species. 

(3) Any information on the biological 

or ecological requirements of the 

species. 

If you submitted comments or 

information on the proposed rule (75 FR 

77801, December 14, 2010) during the 

initial comment period from December 

14, 2010, to February 14, 2011, please 

do not resubmit them. We will 

incorporate them into the public record 

as part of this comment period, and we 

will fully consider them in the 

preparation of our final determination. 

Our final determination will take into 

consideration all written comments and 

any additional information we receive 

during both comment periods. 

You may submit your comments and 

materials concerning the proposed rule 

by one of the methods listed in the 

ADDRESSES section. 

We will post your entire comment— 

including your personal identifying 

information—on http:// 

www.regulations.gov. If you provide 

personal identifying information, such 

as your street address, phone number, or 

e-mail address, you may request at the 

top of your document that we withhold 

this information from public review. 

However, we cannot guarantee that we 

will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing the proposed rule, 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Proposed Rules 19305 

will be available for public inspection 

on http://www.regulations.gov at Docket 

No. FWS–R2–ES–2010–0041, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, New Mexico Ecological 

Services Field Office (see FOR FURTHER

INFORMATION CONTACT). You may obtain 

copies of the proposed rule on the 

Internet at http://www.regulations.gov at 

Docket Number FWS–R2–ES–2010– 

0041, or by mail from the New Mexico 

Ecological Services Field Office (see FOR

FURTHER INFORMATION CONTACT section). 

Background 

It is our intent to discuss only those 

topics directly relevant to the proposed 

rule to list the dunes sagebrush lizard as 

endangered in this document. 

On December 14, 2010, we published 

a proposed rule (75 FR 77801) to list the 

dunes sagebrush lizard, a lizard known 

from southeastern New Mexico and 

adjacent west Texas, as endangered 

under the Act. For a description of 

previous Federal actions concerning the 

dunes sagebrush lizard (formerly known 

as the sand dunes lizard), please refer to 

the proposed rule. In response to 

comments received during the initial 

public comment period, we have 

decided to allow the public more time 

to submit comments and to hold 

informational sessions as described 

previously. 

If we finalize the rule as proposed, it 

would extend the Act’s protections to 

this species. We have determined that 

critical habitat for the dunes sagebrush 

lizard is prudent but not determinable at 

this time. The final decision on whether 

to list the dunes sagebrush lizard as 

endangered will be based on the best 

scientific data available, including 

information obtained during the 

comment period. 

Authors 

The primary authors of this notice are 

the staff members of the New Mexico 

Ecological Services Field Office, Region 

2, U.S. Fish and Wildlife Service. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.). 

Dated: March 11, 2011. 

Will Shafroth, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2011–7339 Filed 4–6–11; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110311194–1193–02] 

RIN 0648–BA88 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Notice of a Control Date for 

the Purpose of Limiting Excessive 

Accumulation of Control in the 

Northeast (NE) Multispecies Fishery; 

NE Multispecies Fishery Management 

Plan (FMP) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking (ANPR); request for 

comments. 

SUMMARY: At the request of the New 

England Fishery Management Council 

(Council), this notification announces 

that the Council and NMFS is 

considering and seeking public 

comment on, potential changes to the 

Northeast Multispecies Fishery 

Management Plan that would be 

implemented through proposed 

rulemaking, under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), to limit the 

accumulation of excessive control or 

ownership of fishing privileges in the 

NE multispecies groundfish fishery. The 

date of publication of this notification, 

April 7, 2011, shall be known as the 

‘‘control date,’’ and may be used as a 

reference date for future management 

measures related to such rulemaking. In 

particular this notification is intended 

to promote awareness of this possible 

rulemaking; provide notice to the public 

that any current or future accumulation 

of fishing privilege interests in the NE 

multispecies fishery may be affected, 

restricted, or even nullified; and to 

discourage speculative behavior in the 

market for fishing privileges while the 

Council considers whether and how 

such limitations on accumulation of 

fishing privileges should be developed. 

This notification also gives the public 

notice that interested participants 

should locate and preserve records that 

substantiate and verify their ownership 

or control of groundfish permits and 

other fishing privileges in the NE 

multispecies fishery in Federal waters. 

DATES: April 7, 2011, shall be known as 

the ‘‘control date’’ and may be used as 

a reference date for future management 

measures related to the maintenance of 

a fishery with characteristics consistent 

with the Council’s objectives and 

applicable Federal laws. Written 

comments must be received on or before 

5 p.m., local time, May 9, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–BA88, by any 

one of the following methods: 

• Written comments (paper, disk, or 

CD–ROM) should be sent to Paul J. 

Howard, Executive Director, New 

England Fishery Management Council, 

50 Water Street, Mill 2, Newburyport, 

MA 01950. Mark the outside of the 

envelope, ‘‘Comments on Multispecies 

Accumulation Limits Control Date.’’ 

• Comments also may be sent via 

facsimile (fax) to (978) 465–3116. 

• Submit all electronic public 

comments via the Federal e-Rulemaking 

Portal: http://www.regulations.gov. 

Instructions: Comments will be 

posted for public viewing as they are 

received. All comments received are a 

part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Travis Ford, Fishery Management 

Specialist, 978–281–9233; fax 978–281– 

9135; e-mail: travis.ford@noaa.gov. 

SUPPLEMENTARY INFORMATION: The NE 

Multispecies FMP manages 20 

individual stocks comprised of the 

following species: Cod, haddock, white 

hake, pollock, Acadian redfish, 

yellowtail flounder, winter flounder, 

witch flounder, American plaice, 

windowpane flounder, Atlantic halibut, 

ocean pout, and Atlantic wolffish. The 

Council has managed most of these 

species as a unit under the FMP since 

1985. Many of these stocks remain 

overfished, and strict regulations have 

been adopted to control catch and 

promote stock rebuilding. Current 

management measures include limited 

and open-access permit categories, 

limits on fishing time through days-atsea (DAS) allocations, gear 

requirements, closed areas, retention 

limits, and sector allocation. These 


srobinson on DSKHWCL6B1PROD with PROPOSALS