Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Proposed Rules 30081 

Dated: April 25, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–12612 Filed 5–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9310–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the California Gulch 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is issuing a 

Notice of Intent to Partially Delete 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) 

and requests public comments on this 

proposed action. 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). The EPA and 

the State of Colorado, through the 

Colorado Department of Public Health 

and Environment (CDPHE), have 

determined that all appropriate 

response actions at these identified 

parcels under CERCLA, other than 

operation, maintenance, and five-year 

reviews (include if applicable), have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

This partial deletion pertains to the 

remaining portions of OU9, the 

Residential Populated Areas. Subunits 

A and B, residential waste rock piles, 

and the parks and playgrounds within 

Operable Unit 9 were partially deleted 

from the NPL on January 30, 2002. In 

addition, OU2, OU8, and OU10 have 

been partially deleted from the NPL. 

The Yak Tunnel (OU1), D&RGW Slag 

Piles and Easement (OU3), Upper 

California Gulch (OU4), ASARCO 

Smelter/Colorado Zinc-Lead Mill Site 

(OU5), Stray Horse Gulch (OU6), 

Apache Tailing (OU7), Arkansas River 

Floodplain (OU11), and Site-wide 

Surface and Groundwater Quality 

(OU12) will remain on the NPL and are 

not being considered for deletion as part 

of this action. 

DATES: Comments must be received by 

June 23, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

online instructions for submitting 

comments. 

• E-mail: Linda Kiefer, 

kiefer.linda@epa.gov 

• Fax: (303) 312–7151 

• Mail: Linda Kiefer, Remedial 

Project Manager, Environmental 

Protection Agency, Region 8, Mail Code 

8EPR–SR, 1595 Wynkoop Street, 

Denver, CO 80202–1129 

• Hand delivery: Environmental 

Protection Agency, Region 8, Mail Code 

8EPR–SR, 1595 Wynkoop Street, 

Denver, CO 80202–1129. 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–HQ–SFUND–1983– 

0002. 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 docket are listed 

in the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statue. Certain 

other material, such as copyrighted 

material, will be publicly available only 

in hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. EPA Region 8, Superfund Records 

Center, 1595 Wynkoop Street, Denver, 

CO 80202. (303) 312–6473 or toll free 

(800) 227–8917; Viewing hours: 8:00 

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 

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: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Partial Deletion for the remaining 

portions of Operable Unit 9 (OU9), the 

Residential Populated Areas, of the 

California Gulch Superfund Site (Site) 

without prior Notice of Intent for Partial 

Deletion because EPA views this as a 

noncontroversial revision and 

anticipates no adverse comment. We 

have explained our reasons for this 

partial deletion in the preamble to the 

direct final Notice of Partial Deletion, 

and those reasons are incorporated 

herein. If we receive no adverse 

comment(s) on this partial deletion 

action, we will not take further action 

on this Notice of Intent for Partial 

Deletion. If we receive adverse 

comment(s), we will withdraw the 

direct final Notice of Partial Deletion 

and it will not take effect. We will, as 

appropriate, address all public 

comments in a subsequent final Notice 

of Partial Deletion based on this Notice 

of Intent for Partial Deletion. We will 

not institute a second comment period 

on this Notice of Intent for Partial 

Deletion. Any parties interested in 

commenting must do so at this time. 

For additional information, see the 

direct final Notice of Partial Deletion 

which is located in the Rules section of 

this Federal Register. 


jlentini on DSK4TPTVN1PROD with PROPOSALS
30082 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Proposed Rules 

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. 

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. 

Dated: May 10, 2011. 

James Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2011–12766 Filed 5–23–11; 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–2011–0017; MO 

92210–0–0008B2] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the Spot-Tailed Earless 

Lizard as Endangered or Threatened 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding on a petition to list the 

spot-tailed earless lizard (Holbrookia 

lacerata) as endangered or threatened 

under the Endangered Species Act of 

1973, as amended (Act), and to 

designate critical habitat. Based on our 

review, we find that the petition 

presents substantial scientific or 

commercial information indicating that 

listing this species may be warranted. 

Therefore, with the publication of this 

notice, we are initiating a review of the 

status of the species to determine if 

listing the spot-tailed earless lizard is 

warranted. To ensure that this status 

review is comprehensive, we are 

requesting scientific and commercial 

data and other information regarding the 

spot-tailed earless lizard, including its 

two subspecies (Holbrookia lacerata 

lacerata and Holbrookia lacerata 

subcaudalis). Based on the status 

review, we will issue a 12-month 

finding on the petition, which will 

address whether the petitioned action is 

warranted, as provided in section 

4(b)(3)(B) of the Act. 

DATES: To allow us adequate time to 

conduct this review, we request that we 

receive information on or before July 25, 

2011. Please note that if you are using 

the Federal eRulemaking Portal (see 

ADDRESSES section, below), the deadline 

for submitting an electronic comment is 

Eastern Daylight Time on this date. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the box that 

reads ‘‘Enter Keyword or ID,’’ enter the 

Docket number for this finding, which 

is [Docket No. FWS–R2–ES–2011–0017]. 

Check the box that reads ‘‘Open for 

Comment/Submission,’’ and then click 

the Search button. You should then see 

an icon that reads ‘‘Submit a Comment.’’ 

Please ensure that you have found the 

correct rulemaking before submitting 

your comment. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: [Docket No. 

FWS–R2–ES–2011–0017]; Division of 

Policy and Directives Management; U.S. 

Fish and Wildlife Service; 4401 N. 

Fairfax Drive, MS 2042–PDM; 

Arlington, VA 22203. 

We will post all information we 

receive on http://www.regulations.gov. 

This generally means that we will post 

any personal information you provide 

us (see the Request for Information 

section below for more details). 

After July 25, 2011, you must submit 

information directly to the Field Office 

(see FOR FURTHER INFORMATION CONTACT

section below). Please note that we 

might not be able to address or 

incorporate information that we receive 

after the above requested date. 

FOR FURTHER INFORMATION CONTACT: 

Adam Zerrenner, Field Supervisor, 

Austin Ecological Services Field Office; 

by U.S. mail at 10711 Burnet Road, 

Suite 200, Austin, TX 78758; by 

telephone (512–490–0057); or by 

facsimile (512–490–0974). If you use a 

telecommunications device for the deaf 

(TDD), please call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Request for Information 

When we make a finding that a 

petition presents substantial 

information indicating that listing a 

species may be warranted, we are 

required to promptly review the status 

of the species (status review). For the 

status review to be complete and based 

on the best available scientific and 

commercial information, we request 

information on the spot-tailed earless 

lizard from governmental agencies, 

Native American Tribes, the scientific 

community, industry, and any other 

interested parties. We seek information 

on: 

(1) The biology, range, and population 

trends of the species and of both its 

subspecies, including: 

(a) Habitat requirements for feeding, 

breeding, and sheltering; 

(b) Genetics and taxonomy; 

(c) Historical and current range, 

including distribution patterns; 

(d) Historical and current population 

levels, and current and projected trends; 

and 

(e) Past and ongoing conservation 

measures for the species, its habitat, or 

both. 

(2) 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.), 

which 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. (3) 

Information related to the specific 

threats to the spot-tailed earless lizard 

and both subspecies of the spot-tailed 

earless lizard. 

If, after the status review,we 

determine that listing the spot-tailed 

earless lizard or either of its subspecies 

is warranted, we will propose critical 

habitat (see definition in section 3(5)(A) 

of the Act), under section 4 of the Act, 

to the maximum extent prudent and 

determinable at the time we propose to 

list the species. Therefore, within the 

geographical range currently occupied 

by the spot-tailed earless lizard, we 

request data and information on: 

(1) What may constitute ‘‘physical or 

biological features essential to the 

conservation of the species’’; 

(2) Where these features are currently 

found; and 

(3) Whether any of these features may 

require special management 

considerations or protection. 

In addition, we request data and 

information on ‘‘specific areas outside 

the geographical area occupied by the 

species’’ that are ‘‘essential to the 

conservation of the species.’’ Please 

provide specific comments and 

information as to what, if any, critical 

habitat you think we should propose for 

designation if the species is proposed 

for listing, and why such habitat meets 

the requirements of section 4 of the Act. 

Please include sufficient information 

with your submission (such as scientific 


jlentini on DSK4TPTVN1PROD with PROPOSALS