58404 Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Rules and Regulations 

have a significant economic impact on 

a substantial number of small entities as 

defined by that Act, because this final 

rule will not impose record-keeping 

requirements on them; it will not affect 

their competitive position in relation to 

large entities; and it will not affect their 

cash flow, liquidity, or ability to remain 

in the market. 

Federalism and Consultation and 

Coordination With Indian Tribal 

Governments 

The Department has considered this 

final rule under the requirements of E.O. 

13132 on federalism. The Department 

has determined that this final rule 

conforms to the federalism principles 

set out in this E.O.; will not impose any 

compliance costs on the States; and will 

not have substantial direct effects on the 

States, on the relationship between the 

Federal Government and States, or on 

the distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

Department has determined that no 

further determination of federalism 

implications is necessary at this time. 

This final rule does not have tribal 

implications per E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments. Therefore, 

advance consultation with tribes is not 

required in connection with the final 

rule. 

No Takings Implications 

The Department has analyzed the 

final rule in accordance with the 

principles and criteria in E.O. 12630 

and has determined that his final rule 

will not pose the risk of a taking of 

private property. 

Civil Justice Reform 

The Department has reviewed this 

final rule under E.O. 12988 on civil 

justice reform. After adoption of this 

final rule, (1) all State and local laws 

and regulations that conflict with this 

final rule or that impedes its full 

implementation will be preempted; (2) 

no retroactive effect will be given to this 

final rule; and (3) it will not require 

administrative proceedings before 

parties may file suit in court challenging 

its provisions. 

Unfunded Mandates 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1531–1538), the Department has 

assessed the effects of this final rule on 

State, local, and tribal governments and 

the private sector. This final rule will 

not compel the expenditure of $100 

million or more by any State, local, or 

tribal government or anyone in the 

private sector. Therefore, a statement 

under section 202 of the Act is not 

required. 

Energy Effects 

The Department has reviewed the 

final rule under E.O. 13211 of May 18, 

2001, Actions Concerning Regulations 

That Significantly Affect Energy Supply. 

The Department has determined that 

this final rule does not constitute a 

significant energy action as defined in 

the E.O. 

Controlling Paperwork Burdens on the 

Public 

This final rule does not contain any 

record-keeping or reporting 

requirements or other information 

collection requirements as defined in 5 

CFR part 1320 that are not already 

required by law or not already approved 

for use. Accordingly, the review 

provisions of the Paperwork Reduction 

Act (44 U.S.C. 3501 et seq.) and its 

implementing regulations at 5 CFR part 

1320 do not apply to this final rule. 

List of Subjects in 36 CFR Part 261 

Law Enforcement, National Forests. 

Therefore, for the reasons set forth in 

the preamble, the Forest Service is 

amending subpart A of part 261 of Title 

36 of the Code of Federal Regulations, 

as follows: 

PART 261—PROHIBITIONS 

Subpart A—General Prohibitions 

■ 1. In § 261.16, revise paragraphs (j) 

and (k) to read as follows: 

§ 261.16 Developed recreation sites. 

* * * * * 

(j) Bringing in or possessing an 

animal, other than a service animal, 

unless it is crated, caged, or upon a 

leash not longer than six feet, or 

otherwise under physical restrictive 

control. 

(k) Bringing in or possessing in a 

swimming area an animal, other than a 

service animal. 

* * * * * 

Dated: September 15, 2011. 

Harris D. Sherman, 

Under Secretary, NRE. 

[FR Doc. 2011–24231 Filed 9–20–11; 8:45 am] 

BILLING CODE 3410–11–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9467–9] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the California Gulch 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 announces the 

deletion of the remaining portions of 

Operable Unit 9 (OU9), the Residential 

Populated Areas, of the California Gulch 

Superfund Site (Site), located in Lake 

County, Colorado, from the National 

Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This partial 

deletion pertains to the remaining 

portions of OU9. Operable units 1, 3, 4, 

5, 6, 7, 11 and 12 will remain on the 

NPL and are not being considered for 

deletion as part of this action. The EPA 

and the State of Colorado, through the 

Colorado Department of Public Health 

and Environment, have determined that 

all appropriate response actions under 

CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, the 

deletion of these parcels does not 

preclude future actions under 

Superfund. 

DATES: Effective Date: This action is 

effective September 21, 2011. 

ADDRESSES: Information Repositories: 

EPA has established a docket for this 

action under Docket Identification No. 

EPA–HQ–SFUND–1983–0002. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the site information repositories. 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Rules and Regulations 58405 

Locations, contacts, phone numbers and 

viewing hours are: 

U.S. EPA Region 8, Superfund 

Records Center, 1595 Wynkoop Street, 

Denver, CO 80202. (303) 312–6473 or 

toll free (800) 227–8917; Hours: 8 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding holidays; and 

Lake County Public Library, 1115 

Harrison Avenue, Leadville, CO 80461. 

(719) 486–0569: Hours: Monday and 

Wednesday 10 a.m. to 8 p.m.; Tuesday 

& Thursday 10 a.m. to 5 p.m.; Friday & 

Saturday 1 p.m. to 5 p.m.; and 

Timberline Campus Library of 

Colorado Mountain College, 901 U.S. 

Highway 24 South, Leadville, CO 80461. 

(719) 486–4250; Hours: Monday to 

Thursday 8 a.m. to 9 p.m.; Friday 8 a.m. 

to 5 p.m.; Saturday 12 p.m. to 5 p.m.; 

and Sunday 12 p.m. to 8 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Linda Kiefer, Remedial Project Manager, 

U.S. Environmental Protection Agency, 

Region 8, Mailcode EPR–SR, 1595 

Wynkoop Street, Denver, CO 80202– 

1129, (303) 312–6689, e-mail: 

kiefer.linda@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

portion of the site to be deleted from the 

NPL is: the remaining portions of OU9 

of the California Gulch Superfund Site, 

located in Leadville, Lake County, 

Colorado. A Notice of Intent for Partial 

Deletion for this Site was published in 

the Federal Register on May 24, 2011 

FR Doc No: 2011–12766. 

The closing date for comments on the 

Notice of Intent for Partial Deletion was 

June 23, 2011. Three public comments 

were received: two requesting 

continuation of the voluntary 

investigation/remediation program and 

one recommending that, because OU12, 

Site-wide Water Quality, is not ready for 

deletion, OU9 should not be deleted. 

The deletion is still appropriate, 

because all appropriate response actions 

have been completed, and the operable 

unit is in operations and maintenance. 

The current operations and maintenance 

program, the Lake County Community 

Health Program Phase 2, provides 

opportunities for investigation and soil 

remediation, if the Program’s Work 

Group determines that lead in 

residential soil is contributing to an 

elevated blood lead in a child or 

pregnant/nursing woman. Under current 

EPA policy for partial deletion, one 

operable unit or environmental medium 

can be deleted irrespective of the 

readiness for deletion of other operable 

units or the site as a whole. A 

responsiveness summary was prepared 

and placed in both the docket, EPA– 

HQ–SFUND–1983–002, on http:// 

www.regulations.gov, and in the local 

repositories listed above. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion of a site from the 

NPL does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of portions of 

a site from the NPL does not affect 

responsible party liability, in the 

unlikely event that future conditions 

warrant further actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: September 13, 2011. 

James B. Martin, 

Regional Administrator, Region 8 . 

For reasons set out in the preamble, 

40 CFR part 300 is amended as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR 1987 Comp., p. 193. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by revising the entry ‘‘CO, 

California Gulch, Leadville’’ to read as 

follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/County Notes (a) 

*******

CO .................. California Gulch ........................................................................ Leadville .................................. P 

* * * * * * * 

(a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be ≤ 

28.50). 

P = Sites with partial deletion(s). 

[FR Doc. 2011–24094 Filed 9–20–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–8197] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 


wreier-aviles on DSK7SPTVN1PROD with RULES