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the direct final rule will be withdrawn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