38572 Federal Register / Vol. 76, No. 127 / Friday, July 1, 2011 / Rules and Regulations 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) 

(15 U.S.C. 272 note) directs agencies to 

use voluntary consensus standards in 

their regulatory activities unless the 

agency provides Congress, through the 

Office of Management and Budget, with 

an explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, Under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a temporary safety 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination will be available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 

33 CFR part 165 subpart C as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–0588 to read as 

follows: 

§ 165.T05–0588 Safety Zone; Fourth of 

July Fireworks Event, Pagan River, 

Smithfield, VA. 

(a) Regulated Area. The following area 

is a safety zone: specified waters of the 

Captain of the Port Sector Hampton 

Roads zone, as defined in 33 CFR 3.25– 

10, in the vicinity of Clontz Park in 

Smithfield, VA and within 420 feet of 

position 36°59′18′′ N/076°37′45′′ W 

(NAD 1983). 

(b) Definition. For the purposes of this 

part, Captain of the Port Representative 

means any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port, Hampton Roads, Virginia to 

act on his behalf. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period. This rule will 

be enforced from 9 p.m. to 10 p.m. on 

July 3, 2011. 

Dated: June 22, 2011. 

John K. Little, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Hampton Roads. 

[FR Doc. 2011–16618 Filed 6–30–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0383; FRL–9427–9] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Antelope Valley Air Quality 

Management District (AVAQMD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern negative declarations 

for volatile organic compound (VOC) 

source categories for the AVAQMD. We 

are approving these negative 

declarations under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on August 

30, 2011 without further notice, unless 

EPA receives adverse comments by 

August 1, 2011. If we receive such 

comments, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that this direct final 

rule will not take effect. 

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Federal Register / Vol. 76, No. 127 / Friday, July 1, 2011 / Rules and Regulations 38573 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0383, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http:// 

www.regulations.gov or e-mail. http:// 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What negative declarations did the State 

submit? 

B. Are there other versions of these 

negative declarations? 

C. What is the purpose of the submitted 

negative declarations? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the negative 

declarations? 

B. Do the negative declarations meet the 

evaluation criteria? 

C. Public Comment and Final Action 

III. Background Information 

A. Why were these negative declarations 

submitted initially? 

IV. Administrative Requirements 

I. The State’s Submittal 

A. What negative declarations did the 

State submit? 

Table 1 lists the negative declarations 

we are approving with the dates that 

they were adopted by the Antelope 

Valley Air Quality Management District 

(AVAQMD) and submitted by the 

California Air Resources Board (CARB). 

TABLE 1—ANTELOPE VALLEY NEGATIVE DECLARATIONS

Local agency Title Adopted Submitted 

AVAQMD ..... Large Appliances, Surface Coating .............................................................................................. 09/19/06 01/31/07 

AVAQMD ..... Wood Furniture Surface Coating .................................................................................................. 09/19/06 01/31/07 

AVAQMD ..... Gasoline Bulk Plants ..................................................................................................................... 09/19/06 01/31/07 

AVAQMD ..... Equipment Leaks from Natural Gas/Gasoline Processing Plants ................................................ 09/19/06 01/31/07 

AVAQMD ..... Leaks from Petroleum Refinery Equipment .................................................................................. 09/19/06 01/31/07 

AVAQMD ..... Air Oxidation Processes (SOCMI) ................................................................................................ 09/19/06 01/31/07 

AVAQMD ..... Reactor and Distillation Processes (SOCMI) ................................................................................ 09/19/06 01/31/07 

AVAQMD ..... Tank Truck Gasoline Loading Terminals > 76,000 L ................................................................... 09/19/06 01/31/07 

AVAQMD ..... Manufacture of Synthesized Pharmaceutical Products ................................................................ 09/19/06 01/31/07 

AVAQMD ..... Manufacture of Pneumatic Rubber Tires ...................................................................................... 09/19/06 01/31/07 

AVAQMD ..... Manufacture of High Density Polyethylene, Polypropylene and Polystyrene ............................... 09/19/06 01/31/07 

AVAQMD ..... Equipment used in Synthetic Organic Chemical Polymers and Resin Manufacturing ................. 09/19/06 01/31/07 

AVAQMD ..... Refinery Vacuum-Producing Systems, Wastewater Separators and Process Unit Turnarounds 09/19/06 01/31/07 

AVAQMD ..... Magnetic Wire Coating Operations ............................................................................................... 09/19/06 01/31/07 

AVAQMD ..... Ship Repair Operations ................................................................................................................. 10/19/10 01/07/11 

AVAQMD ..... Storage of Petroleum Liquids in Fixed Roof Tanks ...................................................................... 10/19/10 01/07/11 

AVAQMD ..... Petroleum Liquid Storage in External Floating Roof Tanks ......................................................... 10/19/10 01/07/11 

On February 8, 2011, EPA determined 

that the submittal for Antelope Valley 

AQMD Negative Declarations submitted 

on January 7, 2011, met the 

completeness criteria in 40 CFR Part 51, 

Appendix V, which must be met before 

formal EPA review. 

On July 31, 2007, the submittal for 

Antelope Valley Negative Declarations 

submitted on January 31, 2007, was 

deemed by operation of law to meet the 

completeness criteria in 40 CFR Part 51, 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of these 

negative declarations? 

There are no previous versions of 

these negative declarations. 

C. What is the purpose of the submitted 

negative declarations? 

The negative declarations were 

submitted to meet the requirements of 

CAA section 182(a)(2)(A). 

Nonattainment areas are required to 

adopt volatile organic compound (VOC) 

regulations for the published Control 

Techniques Guidelines (CTG) 

categories. If a nonattainment area does 

not have stationary sources for which 

EPA has published a CTG, then the area 

is required to submit a negative 

declaration. The negative declarations 

were submitted because there are no 

applicable sources within the AVAQMD 

jurisdiction. EPA’s technical support 

document (TSD) has more information 

about these negative declarations. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the negative 

declarations? 

The negative declarations are 

submitted as SIP revisions and must be 

consistent with Clean Air Act 

requirements for Reasonably Available 

Control Technology (RACT) (see section 

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38574 Federal Register / Vol. 76, No. 127 / Friday, July 1, 2011 / Rules and Regulations 

182(a)(2)(A) and SIP relaxation (see 

sections 110(1) and 193.) To do so, the 

submittal should provide reasonable 

assurance that no sources subject to the 

CTG requirements currently exist or are 

planned for the AVAQMD. 

B. Do the negative declarations meet the 

evaluation criteria? 

We believe these negative 

declarations are consistent with the 

relevant policy and guidance regarding 

RACT and SIP relaxations. The TSD has 

more information on our evaluation. 

C. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted negative declarations as 

additional information to the SIP 

because we believe they fulfill all 

relevant requirements. We do not think 

anyone will object to this approval, so 

we are finalizing it without proposing it 

in advance. However, in the Proposed 

Rules section of this Federal Register, 

we are simultaneously proposing 

approval of these negative declarations. 

If we receive adverse comments by 

August 1, 2011, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that the direct final 

approval will not take effect and we will 

address the comments in a subsequent 

final action based on the proposal. If we 

do not receive timely adverse 

comments, the direct final approval will 

be effective without further notice on 

August 30, 2011. 

III. Background Information 

A. Why were these negative declarations 

submitted? 

These negative declarations were 

submitted to fulfill the requirements of 

CAA Section 182(a)(2)(A). Section 182 

requires that ozone nonattainment areas 

adopt VOC regulations found in the 

Control Techniques Guidelines Series 

for all major non-CTG sources of VOC 

or NOX in their geographic area. 

Antelope Valley AQMD is a 

nonattainment area for ozone and thus 

is required to adopt regulations for all 

CTG sources and or major non-CTG 

sources. Section 110(a) of the CAA 

requires States to submit regulations 

that control VOC emissions. Table 2 

lists some of the national milestones 

leading to the submittal of these local 

agency negative declarations. 

TABLE 2—OZONE NONATTAINMENT MILESTONES

Date Event 

March 3, 1978 .................................. EPA promulgated a list of ozone attainment areas under the Clean Air Act as amended in 1977. 43 FR 

8964; 40 CFR 81.305. 

May 26, 1988 ................................... EPA notified Governors that parts of their SIPs were inadequate to attain and maintain the ozone standard and requested that they correct the deficiencies (EPA’s SIP-Call). See section 110(a)(2)(H) of the 

pre-amended Act. 

November 15, 1990 ......................... Clean Air Act Amendments of 1990 were enacted. Pub. L. 101–549, 104 Stat. 2399, codified at 42 U.S.C. 

7401–7671q. 

May 15, 1991 ................................... Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient RACT rules by this date. 

IV. Administrative Requirements 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not interfere with Executive 

Order 12898 (59 FR 7629 (Feb. 16, 

1994)) because EPA lacks the 

discretionary authority to address 

environmental justice in this 

rulemaking. 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 30, 2011. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

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Federal Register / Vol. 76, No. 127 / Friday, July 1, 2011 / Rules and Regulations 38575 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 14, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.222 is amended by 

adding paragraphs (a)(6)(vii) and (viii) 

to read as follows: 

§ 52.222 Negative declarations. 

(a) * * * 

(6) * * * 

(vii) Large Appliances, Surface 

Coating; Wood Furniture Surface 

Coating; Gasoline Bulk Plants, 

Equipment Leaks from Natural Gas/ 

Gasoline Processing Plants; Leaks from 

Petroleum Refinery Equipment; Air 

Oxidation Processes (SOCMI); Reactor 

and Distillation Processes (SOCMI); 

Tank Truck Gasoline Loading Terminals 

> 76,000 L; Manufacture of Synthesized 

Pharmaceutical Products; Manufacture 

of Pneumatic Rubber Tires; Manufacture 

of High Density Polyethylene, 

Polypropylene and Polystyrene; 

Equipment Used in Synthetic Organic 

Chemical Polymers and Resin 

Manufacturing; Refinery VacuumProducing Systems, Wastewater 

Separators and Process Unit 

Turnarounds; and Magnetic Wire 

Coating Operations submitted on 

January 31, 2007 and adopted on 

September 19, 2006. 

(viii) Ship Repair Operations; Storage 

of Petroleum Liquids in Fixed Roof 

Tanks; and Petroleum Liquid Storage in 

External Floating Roof Tanks submitted 

on January 7, 2011 and adopted on 

October 19, 2010. 

* * * * * 

[FR Doc. 2011–16481 Filed 6–30–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R1–ES–2011–N020; 10120–1113– 

0000–C2] 

Endangered and Threatened Wildlife 

and Plants; Revised Recovery Plan for 

the Northern Spotted Owl (Strix 

occidentalis caurina) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of document availability: 

revised recovery plan. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the 

availability of the Revised Recovery 

Plan for the Northern Spotted Owl (Strix 

occidentalis caurina), a northwestern 

U.S. species listed as threatened under 

the Endangered Species Act (Act). The 

Act 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 conservation 

efforts by describing actions considered 

necessary for the recovery of the 

species, establishing criteria for 

downlisting or delisting listed species, 

and estimating time and cost for 

implementing the measures needed for 

recovery. 

DATES: Effective July 1, 2011. 

ADDRESSES: Electronic copies of the 

revised recovery plan are available 

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

endangered/species/recovery-plans.html 

and http://www.fws.gov/species/nso. 

Loose-leaf printed copies of the revised 

recovery plan are available by request 

from the State Supervisor, U.S. Fish and 

Wildlife Service, Oregon Fish and 

Wildlife Office, 2600 SE 98th Avenue, 

Suite 100, Attention: Diana Acosta, 

Portland, OR 97266 (phone: 503/231– 

6179). 

FOR FURTHER INFORMATION CONTACT: Dr. 

Paul Henson, State Supervisor, at the 

above address and phone number. 

SUPPLEMENTARY INFORMATION: 

Background 

Recovery of endangered or threatened 

animals and plants and the ecosystems 

upon which they depend is a primary 

goal of our endangered species program 

and the Endangered Species Act (Act) 

(16 U.S.C. 1531 et seq.). Recovery means 

improvement of the status of listed 

species to the point at which listing is 

no longer necessary under the criteria 

set out in section 4(a)(1) of the Act. 

The Act 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 conservation 

efforts by describing such site-specific 

management actions as may be 

necessary to achieve the plan’s goal for 

the conservation and survival of the 

species, establishing criteria for 

delisting in accordance with the 

provisions of section 4 of the Act, and 

estimating the time and cost for 

implementing those measures needed to 

achieve the plan’s goal and intermediate 

steps toward that goal. 

Section 4(f) of the Act requires that 

public notice and an opportunity for 

public review and comment be provided 

during recovery plan development. In 

fulfillment of this requirement, we made 

the Draft Revised Recovery Plan for the 

Northern Spotted Owl available for 

public review and comment from 

September 15 through November 15, 

2010 (September 15, 2010; 75 FR 56131) 

and then extended the comment period 

from November 30 through December 

15, 2010 (November 30, 2010; 75 FR 

74073). In addition, we reopened the 

comment period from April 22 through 

May 23, 2011 (April 22, 2011; 76 FR 

22720) on an updated version of 

Appendix C of the draft revised 

recovery plan, which describes the 

development of a spotted owl habitat 

modeling tool. As we prepared this final 

revised recovery plan, we considered 

information provided during the public 

comment periods. An appendix to the 

plan will guide readers to a Web address 

where summarized responses to 

comments can be reviewed. 

The northern spotted owl (hereafter, 

spotted owl) was Federally listed as a 

threatened species on June 26, 1990 (55 

FR 26114). The current range of the 

spotted owl extends from southwest 

British Columbia through the Cascade 

Mountains, coastal ranges, and 

intervening forested lands in 

Washington, Oregon, and California, as 

far south as Marin County. Spotted owls 

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