Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 7625 

addition, the BLM and the U.S. Army 

Corps of Engineers (Corps) entered into 

an MOU to formalize the Corps as a 

Federal cooperating agency in 

developing the EIS. The BLM and CEC, 

in coordination with the Corps, have 

prepared the Draft EIS/SA evaluating 

the potential impacts of the proposed 

Solar Two Project on air quality, 

biological resources, cultural resources, 

water resources, geological resources 

and hazards, land use, noise, 

paleontological resources, public health, 

socioeconomics, soils, traffic and 

transportation, visual resources, and 

other resources. The Corps requirements 

under the Clean Water Act (CWA), 

Section 404(b)(1) Guidelines are to 

identify and authorize only the Least 

Environmentally Damaging Practicable 

Alternative which maximizes avoidance 

and minimization of impacts to aquatic 

resources of the U.S. The Corps and the 

applicant are working with the BLM and 

CEC to identify the project proposal that 

would reasonably comply with the 

Corps’ requirements under the CWA 

and 404(b)(1) Guidelines. The applicant 

has applied to the Department of Energy 

(DOE) for a loan guarantee under Title 

XVII of the Energy Policy Act of 2005, 

as amended by Section 406 of the 

American Recovery and Reinvestment 

Act of 2009, Public Law 111–5. Should 

the DOE decide to enter into negotiation 

of a possible loan guarantee with the 

applicant, the DOE would become a 

cooperating agency in developing the 

final EIS. A Notice of Intent to Prepare 

an EIS/SA and Proposed Land Use Plan 

Amendment for the Proposed SES Solar 

Two Project in Imperial County, 

California was published October 17, 

2008 (see 73 FR 61902). The BLM held 

two public scoping meetings in El 

Centro, California, on November 24 and 

December 18, 2008. The formal scoping 

period ended January 2, 2009. 

Please note that public comments will 

be available for public review and 

disclosure at the above address during 

regular business hours (8 a.m. to 4 p.m.), 

Monday through Friday, except 

holidays. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Authority: 40 CFR 1506.6; 40 CFR 

1506.10; and 43 CFR 1610.2. 

Vickie Weed, 

Field Manager, El Centro Field Office. 

[FR Doc. 2010–3443 Filed 2–19–10; 8:45 am] 

BILLING CODE 4310–40–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R2–ES–2010–N016; 20124–1113– 

0000–C2] 

Endangered and Threatened Wildlife 

and Plants; Rio Grande Silvery Minnow 

(Hybognathus amarus) Recovery Plan, 

First Revision 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of document availability: 

revised recovery plan. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability of the Rio Grande Silvery 

Minnow (Hybognathus amarus) 

Recovery Plan, First Revision. The Rio 

Grande silvery minnow was listed as 

endangered in 1994, its first recovery 

plan was approved in 1999, and critical 

habitat was designated in 2003. 

ADDRESSES: An electronic copy of the 

recovery plan can be obtained from our 

website at http://www.fws.gov/ 

southwest/es/Library/. Copies of the 

recovery plan are also available by 

request. To obtain a copy, contact 

Jennifer Bachus by U.S. mail at U.S. 

Fish and Wildlife Service, New Mexico 

Ecological Services Field Office, 2105 

Osuna Road, New Mexico 87113; by 

phone at (505) 761–4714; or by e-mail 

at Jennifer_Bachus@fws.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Bachus (see ADDRESSES). 

SUPPLEMENTARY INFORMATION: 

Background 

The Rio Grande silvery minnow was 

listed as federally endangered in 1994 

(July 20, 1994; 59 FR 36988) and critical 

habitat was designated in 2003 

(February 19, 2003; 68 FR 8087). The 

species was extirpated from about 93 

percent of its historical range, currently 

persisting in only one 280-kilometer 

(km) (174-mile (mi)) reach of the Rio 

Grande River in New Mexico, 

downstream of Cochiti Dam to the 

headwaters of Elephant Butte Reservoir. 

In December 2008, silvery minnows 

were introduced into the Rio Grande 

River near Big Bend, Texas, as a 

nonessential, experimental population 

under section 10(j) of the ESA 

(December 8, 2008; 73 FR 74357). 

Throughout much of its historic 

range, the decline of the Rio Grande 

silvery minnow is attributed primarily 

to destruction and modification of its 

habitat due to dewatering and diversion 

of water, water impoundment, and 

modification of the river 

(channelization). Competition and 

predation by introduced non-native 

species, water quality degradation, and 

other factors also have contributed to its 

decline. 

The Endangered Species Act of 1973 

(Act), as amended (16 U.S.C. 1531 et 

seq.), requires the development of 

recovery plans for listed species, unless 

such a plan would not promote the 

conservation of a particular species. 

Recovery plans help guide the recovery 

effort by describing actions considered 

necessary for the conservation of the 

species, establishing criteria for 

downlisting or delisting, and estimating 

time and costs for implementing the 

recovery measures. The recovery criteria 

form the basis from which to gauge the 

species’ recovery and subsequent risk of 

extinction. 

The Rio Grande Silvery Minnow 

Recovery Plan includes updated 

scientific information about the species 

and provides criteria and actions 

needed to downlist and delist the 

species. We may consider downlisting 

the Rio Grande silvery minnow from 

endangered to threatened when three 

populations (including a stable middle 

Rio Grande population and at least two 

additional populations that are selfsustaining) have been established 

within the historical range of the species 

and have been maintained for at least 

five years, as well as habitat sufficient 

to support three such populations. We 

may consider delisting the species when 

three self-sustaining populations have 

been established within the historical 

range of the species and have been 

maintained for at least 10 years, as well 

as habitat sufficient to support three 

such populations. The revised recovery 

criteria provide objective measures by 

which populations of silvery minnow is 

determined to be self-sustaining. 

The Rio Grande Silvery Minnow 

Recovery Plan also describes actions 

needed to recover the Rio Grande 

silvery minnow. These include 

developing a thorough knowledge of the 

Rio Grande silvery minnow’s life 

history, ecology, and behavior, and the 

current status of its habitat. It is also 

necessary to restore, protect, and alter 

habitats as necessary to alleviate threats 

to the Rio Grande silvery minnow, to 

ensure the survival of the species in its 

current habitat, and to reestablish the 

species in suitable habitats within its 

historical range. By implementation and 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
7626 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 

maintaining an adaptive management 

program, appropriate research and 

management activities will be 

implemented in a timely manner to 

achieve recovery of the Rio Grande 

silvery minnow. Lastly, recovery actions 

also include designing and 

implementing public awareness and 

education programs about this species. 

Section 4(f) of the Act requires that 

we provide public notice and an 

opportunity for public review and 

comment during recovery plan 

development. In fulfillment of this 

requirement, we made the draft revision 

of the recovery plan for Rio Grande 

silvery minnow available for public 

comment from January 18, 2007, 

through April 18, 2007 (January 18, 

2007; 72 FR 2301). We also conducted 

peer review at this time. Revised 

recovery criteria were developed in 

response to public and peer review 

comments on the original draft plan. We 

released these revised criteria for a 

second round of public comment from 

April 9, 2009, through May 26, 2009 

(April 9, 2009; 74 FR 16232). We also 

conducted additional peer review. After 

consideration of comments received 

during both public and peer review 

comment periods, the recovery plan has 

been updated and finalized. 

Authority: The authority for this action is 

section 4(f) of the Endangered Species Act, 

16 U.S.C. 1533(f). 

Dated: January 15, 2010. 

Benjamin N. Tuggle, 

Regional Director, Region 2. 

[FR Doc. 2010–3343 Filed 2–19–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLCONO3400 L17110000.AL0000] 

Notice of Establishment of the 

Dominguez-Escalante National 

Conservation Area Advisory Council 

(Colorado) 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice is published in 

accordance with Section 9(a)(2) of the 

Federal Advisory Committee Act of 

1972. Notice is hereby given that the 

Secretary of the Interior (Secretary) has 

established the Bureau of Land 

Management’s Dominguez-Escalante 

National Conservation Area Advisory 

Council. 

FOR FURTHER INFORMATION CONTACT: 

Allison Sandoval, Legislative Affairs 

and Correspondence (600), Bureau of 

Land Management, 1620 L Street, NW., 

MS–LS–401, Washington, DC 20036, 

telephone (202) 912–7434. 

SUPPLEMENTARY INFORMATION: The 

purpose of the Council is to provide 

advice to the Secretary with respect to 

the preparation and implementation of 

the management plan for the long term 

protection and management of the 

Dominguez-Escalante National 

Conservation Area. 

Certification Statement 

I hereby certify that the establishment 

of the Dominguez-Escalante National 

Conservation Area Advisory Council is 

necessary and in the public interest in 

connection with the Secretary of the 

Interior’s responsibilities to manage the 

lands, resources, and facilities 

administered by the Bureau of Land 

Management. 

Dated: February 5, 2010. 

Ken Salazar, 

Secretary of the Interior. 

[FR Doc. 2010–3388 Filed 2–19–10; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to the Clean Water Act 

Notice is hereby given that on January 

19, 2010, a proposed Consent Decree in 

United States v. Magellan Pipeline 

Company LP, No. 10–CV–28–CVE– 

FHM, was lodged with the United States 

Court for the Northern District of 

Oklahoma. 

In this action, the United States 

sought the penalties pursuant to Section 

311 of the Clean Water Act, 33 U.S.C. 

1321 against Magellan Pipeline 

Company, LP. The Complaint alleges 

that a discharge of gasoline occurred in 

Oologah, Oklahoma on January 5, 2008 

from a pipeline owned and operated by 

Defendant Magellan. Pursuant to the 

proposed Consent Decree, the Settling 

Defendants will pay to the United States 

a civil penalty of $418,000 for the 

discharge. The Department of Justice 

will receive for a period of thirty (30) 

days from the date of this publication 

comments relating to the Consent 

Decree. Comments should be addressed 

to the Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Magellan Pipeline Company, 

(N.D. Okla.) No. 10–CV–28–CVE–FHM, 

D.J. Ref. 90–5–1–1–09674. 

During the public comment period, 

the Consent Decree may be examined at 

the Office of the United States Attorney, 

Northern District of Oklahoma, 110 W. 

7th Street, Suite 300, Tulsa, OK 74119. 

The Consent Decree may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $3.75 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Maureen Katz, 

Assistant Section Chief. 

[FR Doc. 2010–3318 Filed 2–19–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on January 

29, 2010, a proposed consent decree in 

United States v. Reading Company, 

Civil Action No. 10–413 was lodged 

with the United States District Court for 

the Eastern District of Pennsylvania. 

In this action the United States sought 

reimbursement of response costs 

incurred in response to the release or 

threatened release of hazardous 

substances at the Modena Yard site in 

Chester County, Pennsylvania. The 

consent decree resolves the defendants’ 

liability for the response costs specified 

in the appendix to the consent decree in 

exchange for payment of $93,295. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the consent decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Reading Company, D.J. Ref. 

90–11–3–08567/3. 


cprice-sewell on DSK2BSOYB1PROD with NOTICES