49834 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules 

C. Mail: EPA–R03–OAR–2009–0547, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0547. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov. or e-mail. The 

http://www.regulations.gov. Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov., your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov. index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in http:// 

www.regulations.gov. or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

Dated: September 18, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–23500 Filed 9–28–09; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0199; FRL–8963–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Determination of Clean Data 

for the 1997 Fine Particulate Matter 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: EPA is reopening the 

comment period for a notice of 

proposed rulemaking (NPR) published 

on July 31, 2009 (74 FR 38161). In the 

NPR, EPA proposed to determine that 

the Baltimore, Maryland portion of the 

Hagerstown-Martinsburg nonattainment 

areas for the 1997 National Ambient Air 

Quality Standard (NAAQS) fine 

particulate (PM2.5) have clean data for 

the 1997 PM2.5 NAAQS. EPA received 

comments from EarthJustice requesting 

that the 2009 monitored data referred to 

in the proposed rule be made available 

as part of the record and that the 

proposed rule either be revised or the 

comment period reopened to allow the 

public to consider the data. EPA is, 

therefore, reopening the comment 

period and including the data that was 

relied upon for the proposed clean data 

determination as well as the 2009 

monitored data. The data relied upon by 

EPA is now provided in a Technical 

Support Document which is included in 

the record for this rulemaking. EPA is 

reopening the comment period through 

October 29, 2009. All comments 

received on or before October 29, 2009 

will be entered into the public record 

and considered by EPA before taking 

final action on the proposed rule. 

DATES: Written comments must be 

received on or before October 29, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0199 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0199, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0199. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules 49835 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Lewis, (215) 814–2037, or by 

e-mail at lewis.jacqueline@epa.gov. 

Dated: September 18, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–23502 Filed 9–28–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS-R6-ES-2009-0037] 

[92210-1117-0000-B4] 

Endangered and Threatened Wildlife 

and Plants; 12–month Finding on a 

Petition To Revise Critical Habitat for 

Eriogonum pelinophilum (Clay-Loving 

Wild Buckwheat) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 12–month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce our 

12–month finding on a petition to revise 

critical habitat for Eriogonum 

pelinophilum (clay-loving wild 

buckwheat) under the Endangered 

Species Act of 1973, as amended (Act). 

After a thorough review of all available 

scientific and commercial information, 

we find that revisions to critical habitat 

for E. pelinophilum are warranted but 

precluded by other priorities. Given this 

finding, we intend to initiate 

rulemaking when we complete the 

higher priorities and we have the 

necessary resources to do so. 

DATES: The finding announced in this 

document was made on September 29, 

2009. 

ADDRESSES: This finding is available on 

the Internet at http:// 

www.regulations.gov. Supporting 

documentation we used to prepare this 

finding is available for public 

inspection, by appointment during 

normal business hours at the U.S. Fish 

and Wildlife Service, Western Colorado 

Ecological Services Office, 764 Horizon 

Drive, Building B, Grand Junction, CO 

81506-3946, by telephone at 970-243- 

2778; or by facsimile at 970-245-6933. 

FOR FURTHER INFORMATION CONTACT: 

Patty Gelatt, Acting Western Colorado 

Supervisor, Fish and Wildlife Service, 

Western Colorado Ecological Services 

Office, 764 Horizon Drive, Building B, 

Grand Junction, CO 81506-3946, by 

telephone at 970-243-2778; or by 

facsimile at 970-245-6933. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 800- 

877-8339. Please include ‘‘Eriogonum 

pelinophilum scientific information’’ in 

the subject line for faxes and emails. 

SUPPLEMENTARY INFORMATION: Section 

4(b)(3)(D)(ii) of the Act (16 U.S.C. 1531 

et seq.) requires that, for any petition 

containing substantial scientific and 

commercial information that indicates 

revisions to critical habitat may be 

warranted, we make a finding within 12 

months of the date of receipt of the 

petition and publish a notice in the 

Federal Register indicating how we 

intend to proceed with the requested 

revision. 

Background 

Previous Federal Actions 

We proposed to list Eriogonum 

pelinophilum as an endangered species 

in 1983, and we proposed critical 

habitat at the same time (48 FR 28504; 

June 22, 1983). We published the final 

rule designating the species as 

endangered in 1984, along with a final 

critical habitat designation (49 FR 

28562; July 13, 1984). Critical habitat, as 

designated in 1984, encompassed 119.8 

acres (ac) (48.5 hectares (ha)), which 

was then the entire known range of the 

species (49 FR 28562; July 13, 1984). 

On July 24, 2006, we received a 

petition dated July 17, 2006, from the 

Center for Native Ecosystems, the 

Colorado Native Plant Society, and the 

Uncompahgre Valley Association 

(collectively referred to here as the 

petitioners) requesting that we amend 

the critical habitat designation for 

Eriogonum pelinophilum (Center for 

Native Ecosystems et al. 2006, p. 1). The 

petition clearly identified itself as a 

petition and included the requisite 

identification information that 50 CFR 

424.14(a) requires. The petition 

contained a species and habitat 

description for E. pelinophilum, a 

description of previous Federal actions, 

a section addressing statutory 

requirements for E. pelinophilum, a 

description of the various populations 

and their status, a section addressing 

threats to E. pelinophilum, and 

recommendations regarding critical 

habitat for the species. Potential threats 

discussed in the petition include 

destruction and modification of habitat, 

herbivory, and inadequate regulatory 

mechanisms. 

On September 29, 2006, we 

acknowledged the receipt of the petition 

but stated that given staff and budget 

limitations we could not work on the 

administrative finding at that time 

(Service 2006, in litt.). On November 13, 

2006, we received a letter dated 

November 9, 2006, from the petitioners 

notifying us of their 60–day intent to 

sue for our failure to make a 90–day 

finding for Eriogonum pelinophilum 

(Center for Native Ecosystems 2006, in 

litt.). On March 3, 2008, the petitioners 

filed suit with the United States District 

Court for the District of Colorado for our 

failure to make a 90–day finding for the 

species (Center for Native Ecosystems 

2008). On September 25, 2008, a 

settlement agreement was reached 

whereby the Service agreed to submit a 

90–day finding to the Federal Register 

by June 15, 2009, and, if the petition 

was considered substantial, submit a 

12–month finding to the Federal 

Register by September 21, 2009 (U.S. 

Department of Justice 2008). This 12– 

month finding evaluates the status of 

existing critical habitat as stipulated in 

the settlement. 

We published our 90–day finding 

regarding the petition to revise critical 

habitat for Eriogonum pelinophilum on 

June 22, 2009 (74 FR 29456). We 

determined the petition presented 

substantial information indicating that 

revising critical habitat for E. 

pelinophilum under the Act may be 

warranted, thus initiating this 12–month 

finding (74 FR 29456; June 22, 2009). 

We have fully considered all 

information received in response to 

information requested in our 90–day 

finding. 

This 12–month finding discusses only 

those topics directly relevant to the 

revisions of existing critical habitat for 

Eriogonum pelinophilum. We also are in 

the process of preparing a 5–year review 

for E. pelinophilum where we are 

conducting a more thorough review of 

the species’ status (73 FR 58261; 

October 6, 2008). 

Species Information 

Eriogonum pelinophilum was first 

collected near Hotchkiss, Colorado, in 

Delta County in 1958 (Reveal 2006, p. 

1). The species was first recognized as 

its own taxon in 1969, and officially 

described in 1973 (Reveal 1969, pp. 75- 

76; 1973, pp. 120-122). No other 

locations were identified until 1984 

(Colorado Natural Areas Program 

(CNAP) 1986, p. 1). 


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS