28140 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Proposed Rules

than operation and maintenance and

five-year reviews, have been completed.

However, this deletion does not

preclude future actions under

Superfund. In the ‘‘Rules and

Regulations’’ Section of today’s Federal

Register, we are publishing a direct final

notice of deletion of the Brodhead Creek

Superfund Site without prior notice of

intent to delete because we view this as

a noncontroversial revision and

anticipate no adverse comment. We

have explained our reasons for this

deletion in the preamble to the direct

final deletion. If we receive no adverse

comment(s) on this notice of intent to

delete or the direct final notice of

deletion, we will not take further action

on this notice of intent to delete. If we

receive adverse comment(s), we will

withdraw the direct final notice of

deletion and it will not take effect. We

will, as appropriate, address all public

comments in a subsequent final deletion

notice based on this notice of intent to

delete. We will not institute a second

comment period on this notice of intent

to delete. Any parties interested in

commenting must do so at this time. For

additional information, see the direct

final notice of deletion which is located

in the Rules section of this Federal

Register.

DATES: Comments concerning this Site

must be received by June 21, 2001.

ADDRESSES: Written comments should

be addressed to: William Hudson,

Community Involvement Coordinator,

(3HS43), U.S. EPA Region III, 1650 Arch

Street, Philadelphia, PA 19103, (215)

814–5532.

FOR FURTHER INFORMATION CONTACT: John

Banks, Remedial Project Manager

(3HS22), U.S. EPA Region III, 1650 Arch

Street, Philadelphia, PA 19103, (215)

814–3214, Fax (215) 814–3002, e-mail

banks.john-d@epa.gov.

SUPPLEMENTARY INFORMATION: For

additional information, see the Direct

Final Notice of Deletion which is

located in the Rules section of this

Federal Register.

Information Repositories:

Comprehensive information about the

Site is available for viewing and copying

at the Site Information Repositories at

the following locations: U.S. EPA

Region III, Regional Center for

Environmental Information (RCEI), 1650

Arch Street, Philadelphia, PA 19103,

(215) 814–5364, Monday through Friday

8:00 a.m. to 4:30 p.m.; the Stroudsburg

Borough Building, Seventh and Sarah

Streets, Stroudsburg, PA 18360, (540)

421–5444, Monday through Friday 8:00

to 5:00 p.m.; and the Pennsylvania

Department of Environmental

Protection, Northeast Regional Office, 2

Public Square, Wilkes-Barre, PA 18711–

0790, (570) 826–2511, Monday through

Friday 9:00 a.m. to 3:00 p.m.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

Substances, Hazardous waste,

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: March 8, 2001.

Thomas C. Voltaggio,

Acting Regional Administrator, U.S. EPA

Region III.

[FR Doc. 01–12706 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6969–6]

National Oil and Hazardous Substance

Pollution Contingency Plan; National

Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to delete the

Salem Acres Superfund Site from the

National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA)—New England is issuing

a notice of intent to delete the Salem

Acres Superfund Site located in Salem,

Massachusetts, from the National

Priorities List (NPL) and requests public

comments on this notice of intent. The

NPL, promulgated pursuant to section

105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA) of 1980, as amended, is found

at Appendix B of 40 CFR Part 300 of the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP). The

EPA and the Commonwealth of

Massachusetts, through the Department

of Environmental Protection, have

determined that all appropriate

response actions under have been

completed. However, this deletion does

not preclude future actions under

Superfund.

In the ‘‘Rules and Regulations’’

Section of today’s Federal Register, we

are publishing a direct final deletion of

the Salem Acres Superfund Site without

prior notice of intent to delete because

we view this as a noncontroversial

revision and anticipate no adverse

comment(s). We have explained our

reasons for this deletion in the preamble

to the direct final deletion. If we receive

no adverse comment(s) on this notice of

intent to delete or the direct final

deletion, we will not take further action

on this notice of intent to delete. If we

receive adverse comment(s), we will

withdraw the direct final deletion and it

will not take effect. We will, as

appropriate, address all public

comments in a subsequent final deletion

based on this notice of intent to delete.

We will not institute a second comment

period on this notice of intent to delete.

Any parties interested in commenting

must do so at this time. For additional

information, see the direct final deletion

which is located in the Rules section of

this Federal Register.

DATES: Comments concerning this Site

must be received by June 21, 2001.

ADDRESSES: Written comments should

be addressed to: Stacy Greendlinger,

Community Involvement Coordinator,

U.S. EPA, One Congress Street, Suite

1100, (RAA), Boston, Massachusetts

02114–2023, (617) 918–1403 or 1–800–

252–3402-toll-free.

FOR FURTHER INFORMATION CONTACT:

Elaine Stanley, Remedial Project

Manager, U.S. EPA, One Congress

Street, Suite 1100, (HBO), Boston,

Massachusetts 02114–2023, (617) 918–

1332 or 1–800–252–3402-toll-free.

SUPPLEMENTARY INFORMATION: For

additional information, see the Direct

Final Deletion which is located in the

Rules section of this Federal Register.

Information Repositories: Repositories

have been established to provide

detailed information concerning this

decision at the following address: U.S.

Environmental Protection Agency-New

England Records Center, One Congress

Street, Suite 1100, (HBS), Boston,

Massachusetts 02114–2023, (617) 918–

1440 or 1–800–252–3402-toll-free,

Monday through Friday—9:00 a.m. to

5:00 p.m.; and the Salem Public Library,

370 Essex Street, Salem, Massachusetts

01970, (978) 744–0860, Monday through

Thursday—9:00 a.m. to 9:00 p.m.,

Friday and Saturday—9:00 a.m. to 5:00

p.m. and Sunday—1 p.m. to 5:00 p.m.

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,

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Proposed Rules 28141

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

3 CFR, 1987 Comp., p. 193.

Dated: March 23, 2001.

Ira W. Leighton,

Acting Regional Administrator, U.S. EPA—

New England.

[FR Doc. 01–12708 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6947–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

SUMMARY: The United States

Environmental Protection Agency (EPA)

proposes to delete Operable Unit 2

(OU2) of the California Gulch

Superfund Site, located in Leadville,

Colorado, from the National Priorities

List (NPL). The NPL constitutes

appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Pollution and Contingency

Plan (NCP), which EPA promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980, as amended (CERCLA).

This action is being taken because EPA,

with concurrence from the State of

Colorado Department of Public Health

and Environment (CDPHE), has

determined that all appropriate

response actions have been taken and

that no further response at the Site is

appropriate.

A detailed rationale for this Proposal

to Delete is set forth in the direct final

rule which can be found in the Rules

and Regulations section of this Federal

Register. The direct final rule is being

published because EPA views this

deletion action as a noncontroversial

revision and anticipates no significant

adverse or critical comments. If no

significant adverse or critical comments

are received, no further activity is

contemplated. If EPA receives

significant adverse or critical comments,

the direct final rule will be withdrawn

and all public comments received will

be addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period.

Any parties interested in commenting

should do so at this time.

DATES: Comments concerning this

action must be received by EPA by June

21, 2001.

ADDRESSES: Comments may be mailed to

Rebecca Thomas, Remedial Project

Manager, Environmental Protection

Agency, Region 8, Mail Code 8EPR–SR,

999 18th Street, Suite 300, Denver,

Colorado 80202. Telephone: (303) 312–

6552.

Information Repositories:

Comprehensive information on the

California Gulch Site is available

through the EPA, Region 8 public

docket, which is located at the EPA,

Region 8 Superfund Records Center.

The address for the Region 8 Superfund

Records Center is: U.S. Environmental

Protection Agency, Region 8, Superfund

Records Center, 999 18th Street, 5th

Floor Denver, Colorado 80202,

Telephone (303) 312–6473.

FOR FURTHER INFORMATION CONTACT:

Rebecca Thomas (EPR–SR), Remedial

Project Manager, Environmental

Protection Agency, Region 8, Mail Code

8EPR–SR, 999 18th Street, Suite 300,

Denver, Colorado 80202. Telephone:

(303) 312–6552.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule which is located in the Rules

and Regulations section of this Federal

Register.

Authority: 33 U.S.C. 1312(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: February 12, 2001.

Jack W. McGraw,

Acting Regional Administrator, Region 8.

[FR Doc. 01–12711 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 226

[Docket No. 010501108–1108–01; I.D.

040401A]

Endangered and Threatened Species;

Finding for a Petition to Designate

Critical Habitat for the Bering Sea

Stock of Bowhead Whales

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of receipt of petition and

petition finding.

SUMMARY: The National Marine

Fisheries Service (NMFS) announces the

receipt of a petition to designate critical

habitat for the Western Arctic stock of

bowhead whales, Balaena mysticetus,

under the Endangered Species Act of

1973 (ESA), as amended. NMFS has

determined that the petition presents

substantial scientific information

indicating that this action may be

warranted, and is soliciting public

comment and information on the

petition.

DATES: NMFS is soliciting public

comment on the action through August

20, 2001.

ADDRESSES: Written comments

concerning this petition should be

submitted to Donna Wieting, Chief,

Marine Mammal Division, Office of

Protected Resources, Silver Spring, MD,

20910. Comments will not be accepted

if submitted via e-mail or internet.

FOR FURTHER INFORMATION CONTACT: Mr.

Brad Smith, NMFS, Alaska Regional

Office, 222 West 7th Avenue,

Anchorage, Alaska 99517, telephone

(907) 271–5006 or fax (907) 271–3030,

or Mr. Michael Payne, NMFS, Alaska

Regional Office, P.O. Box 21668, Juneau,

Alaska 99802, telephone (907) 586–7235

or fax (907) 586–7012.

SUPPLEMENTARY INFORMATION:

Background

On February 22, 2000, the Center for

Biological Diversity, Berkeley, CA, and

the Marine Biodiversity Protection

Center, Canyon, CA, petitioned NMFS

to designate critical habitat for the

Western Arctic stock of bowhead

whales. The area petitioned for critical

habitat includes the Beaufort Sea off

Alaska’s North Slope between Point

Barrow and the Canadian border, from

mean high tide to approximately 170

kilometers offshore. The petition was

accepted under 5 U.S.C 553 (e).

The bowhead whale was listed as

endangered on June 2, 1970, prior to the

addition of critical habitat requirements

in the ESA, on November 10, 1978.

NMFS must evaluate petitions to

designate critical habitat for pre-1978

listed species pursuant to 5 U.S.C. 553

(e) under the Administrative Procedure

Act (APA). 5 U.S.C. 553 (e) provides

that ‘‘each agency shall give an

interested person the right to petition

for the issuance, amendment or repeal

of a rule’’.

NMFS initially responded to the

petition on December 14, 2000, with a

letter that, at that time, deferred

determination on whether the subject

action may be warranted pending

completion of several on-going studies

or scheduled research efforts. NMFS has

now determined that the petition

presents substantial information