36994 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 

Citation Subject Applies to Subpart DDDDDDD? 

63.10(a),(b)(1), ...................................................

(b)(2)(i)–(iii), (b)(2)(vi)–(xiv), (c), (d)(1), (e), and 

(f).

Recordkeeping and Reporting Requirements Yes. 

63.10(b)(2)(iv)–(v), (b)(3), and (d)(2)–(5) ........... .......................................................................... No. 

63.11 ................................................................... Control Device Requirements .......................... No. 

63.12 ................................................................... State Authorities and Delegations ................... Yes. 

63.13 ................................................................... Addresses ........................................................ Yes. 

63.14 ................................................................... Incorporations by Reference ............................ Yes. 

63.15 ................................................................... Availability of Information and Confidentiality .. Yes. 

63.16 ................................................................... Performance Track Provisions ......................... Yes. 

63.1(a)(5), (a)(7)–(9), (b)(2), (c)(3)–(4), (d), 

63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), 

(h)(3), (h)(5)(iv), 63.8(a)(3), 63.9(b)(3), (h)(4), 

63.10(c)(2)–(4), (c)(9).

Reserved .......................................................... No. 

[FR Doc. E9–17826 Filed 7–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0501; FRL–8934–1] 

National Oil and Hazardous Substance 

Pollution Contingency Plan National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Intent to Delete the 

Southern California Edison, Visalia Pole 

Yard Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region IX is issuing a 

Notice of Intent to Delete the Southern 

California Edison (SCE), Visalia Pole 

Yard Superfund Site (Site) located in 

northeastern Visalia, Tulare County, 

California, from the National Priorities 

List (NPL), and requests public 

comments on this 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 California, through the 

Department of Toxic Substances Control 

(DTSC), have determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: Comments concerning deletion 

of this Site must be received by August 

26, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2009–0501 by one of the 

following methods: 

• http://www.regulations.gov. Follow 

online instructions for submitting 

comments. 

• E-mail: lane.jackie@epa.gov. 

• Fax: (415) 947–3528. 

• Mail: Jackie Lane, Community 

Involvement Coordinator, U.S. EPA 

Region IX (SFD 6–3), 75 Hawthorne 

Street, San Francisco, California 94105. 

• Phone: (415) 972–3236. 

• Hand delivery: U.S. EPA Region IX 

(SFD 6–3), 75 Hawthorne Street, San 

Francisco, California 94105. Deliveries 

are only accepted during regular office 

days and hours of operation (Monday 

through Friday, 8 a.m. to 5 p.m.). 

Special arrangements will need to be 

made with EPA staff for deliveries of 

boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2009– 

0501. 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 that EPA will not know your 

identity or contact information unless it 

is provided 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 publicly available docket on 

the Internet. EPA recommends that all 

submittals include your name and other 

contact information (i.e. e-mail and/or 

physical address and phone number). 

Please note that electronic file 

submittals should be free of any 

physical defects and computer viruses 

and avoid the use of special characters 

and any form of encryption. If technical 

difficulties prevent EPA from reading 

your comment and cannot contact you 

for clarification, EPA may not be able to 

consider your comment. 

Docket 

All documents in the docket are listed 

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

however, although listed in the index, 

some information is not publicly 

available (e.g. CBI or other information 

whose disclosure is restricted by 

disclosure statute. Certain other 

materials, such as copyrighted 

materials, will be publicly available 

only in the hard copy. All other publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Site Information repositories below: 

U.S. EPA Superfund Records Center, 95 

Hawthorne Street, San Francisco, 

California 94105–3901, (415) 536– 

2000. 

Tulare County Public Library, 200 West 

Oak Street, Visalia, CA 93291, (818) 

952–0603. 

FOR FURTHER INFORMATION CONTACT: 

Charnjit Bhullar, Remedial Project 

Manager, U.S. EPA Region IX (SFD 7– 

3), 75 Hawthorne Street, San Francisco, 

California 94105, (415) 972–3960. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Deletion of the Southern California 

Edison (SCE), Visalia Pole Yard 

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 Notice of Deletion, and those 

reasons are incorporated herein. If we 


hsrobinson on PROD1PC76 with PROPOSALS
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules 36995 

receive no adverse comment(s) on this 

deletion action, 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 Notice 

of 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 Notice of Deletion which is 

located in the Rules section of this 

Federal Register. 

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: July 15, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–17564 Filed 7–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 226 

[Docket No. 0907081108–91119–01] 

RIN 0648–XP68 

Listing Endangered and Threatened 

Wildlife and Designating Critical 

Habitat; 90–day Finding for a Petition 

to Revise Designated Critical Habitat 

for Elkhorn and Staghorn Corals 

AGENCY: National Marine Fisheries 

Service (NMFS), NationalOceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of petition finding; 

request for information and comments. 

SUMMARY: We, the National Marine 

Fisheries Service (NMFS), announce a 

90–day finding for a petition to revise 

elkhorn (Acropora palmata) and 

staghorn (A. cervicornis) corals’ critical 

habitat under the Endangered Species 

Act (ESA) of 1973, as amended. Elkhorn 

and staghorn corals are listed as 

threatened throughout their ranges and 

have designated critical habitat 

consisting of substrate of suitable 

quality and availability to support larval 

settlement and recruitment and the 

reattachment and recruitment of asexual 

fragments in water depths shallower 

than 30 meters in four areas in Florida, 

Puerto Rico, and the U.S. Virgin Islands. 

The petition seeks to extend the 

northern boundary of designated critical 

habitat in the Florida area to the Lake 

Worth Inlet, approximately 15.5 miles 

(24.9 km) north of the current boundary 

at Boynton Beach Inlet. We find that the 

petition presents substantial scientific 

information that the revision may be 

warranted. We are soliciting information 

and comments pertaining to this request 

for revision of critical habitat. 

DATES: Written comments and 

information related to this petition 

finding or the petitioned action must be 

received [see ADDRESSES] by August 26, 

2009. 

ADDRESSES: You may submit comments, 

identified by [RIN 0648–XP68], by any 

one of the following methods: (1) 

Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal at http:// 

www.regulations.gov; (2) Fax: 727–824– 

5309, attention: Jennifer Moore; or (3) 

mail: addressed to Jennifer Moore, 

National Marine Fisheries Service, 

Southeast Regional Office, Protected 

Resources Division, 263 13th Avenue 

South, Saint Petersburg, FL, 33701. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All personal identifying 

information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit confidential 

business information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

Interested persons may obtain more 

information about critical habitat 

designated for elkhorn and staghorn 

corals online at the NMFS Southeast 

Regional Office website: http:// 

sero.nmfs.noaa.gov/pr/esa/ 

acropora.htm. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Moore by phone 727–824–5312, 

fax 727–824–5309, or e-mail 

jennifer.moore@noaa.gov; or Marta 

Nammack by phone 301–713–1401 or email marta.nammack@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Critical habitat is defined in the ESA 

(16 U.S.C. 1531 et seq.) as: 

‘‘(i) the specific areas within the 

geographical area currently occupied by the 

species, at the time it is listed...on which are 

found those physical or biological features (I) 

essential to the conservation of the species 

and (II) which may require special 

management considerations or protection; 

and (ii) specific areas outside the 

geographical area occupied by the species at 

the time it is listed upon a determination by 

the Secretary that such areas are essential for 

the conservation of the species.’’ 

Section 4(b)(2) of the ESA requires us 

to designate and make revisions to 

critical habitat for listed species based 

on the best scientific data available and 

after taking into consideration the 

economic impact, the impact on 

national security, and any other relevant 

impact, of specifying any particular area 

as critical habitat. The Secretary of 

Commerce may exclude any particular 

area from critical habitat if he 

determines that the benefits of such 

exclusion outweigh the benefits of 

specifying such area as part of the 

critical habitat, unless he determines 

that the failure to designate such area as 

critical habitat will result in the 

extinction of the species concerned. 

Section 4(b)(3)(D)(i) of the ESA requires 

us to make a 90–day finding as to 

whether a petition to revise critical 

habitat presents substantial scientific 

information indicating that the revision 

may be warranted. Our implementing 

regulations (50 CFR 424.14) define 

‘‘substantial information’’ as the amount 

of information that would lead a 

reasonable person to believe that the 

measure proposed in the petition may 

be warranted. Our regulations provide 

further that, in making a 90–day finding 

on a petition to revise critical habitat, 

we shall consider whether a petition 

includes substantial information 

indicating that: (i) areas contain 

physical and biological features 

essential to, and that may require 

special management to provide for, the 

conservation of the species; or (ii) areas 

designated as critical habitat do not 

contain resources essential to, or do not 

require special management to provide 

for, the conservation of the species. In 

determining whether substantial 

information exists, we take into account 

several factors, including information 

submitted with, and referenced in, the 

petition and all other information 

readily available in our files. To the 

maximum extent practicable, this 

finding is to be made within 90 days of 

the receipt of the petition, and the 

finding is to be published promptly in 


hsrobinson on PROD1PC76 with PROPOSALS