        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        RIN 1018-AG99
        Endangered and Threatened Wildlife and Plants; Proposed Determination of Critical Habitat for the Oahu Elepaio; Correction

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; correction.

          SUMMARY:

          The proposed rule to designate critical habitat for the Oahu elepaio (Chasiempis sandwichensis ibidis) was published in the Federal Register on June 6, 2001. The maps and legal descriptions of the critical habitat units are correct as published in the Federal Register, but Figure 2 in the background of the proposed rule, which showed the proposed critical habitat units in relation to the current, recent historical, and presumed prehistoric distributions of the Oahu elepaio, is incorrect. This document contains the correct version of Figure 2 with an accurate map of the proposed critical habitat units.

          DATES:
          Comments on the proposed rule that was published June 6, 2001 (66 FR 30372) must be received no later than September 6, 2001.

          ADDRESSES:
          Send written comments on the proposed rule to Paul Henson, Field Supervisor, Pacific Islands Fish and Wildlife Office, U.S. Fish and Wildlife Service, 300 Ala Moana Boulevard, Room 3-122, Box 50088, Honolulu, Hawaii 96850.

          FOR FURTHER INFORMATION CONTACT:
          Paul Henson, Field Supervisor, or Eric VanderWerf, Biologist, at the above address (telephone: 808/541-3441; facsimile: 808/541-3470).

        SUPPLEMENTARY INFORMATION:
        On June 6, 2001, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the Oahu elepaio (66 FR 30372). The proposed rule contained correct maps and legal descriptions of the proposed critical habitat units. However, Figure 2 in the background of the proposed rule, which showed the proposed critical habitat units in relation to the current, recent historical, and presumed prehistoric distribution of the Oahu elepaio, showed the proposed critical habitat units incorrectly. Figure 2 erroneously showed an additional habitat unit in the northern Koolau Mountains, and the boundary of the Northern Waianae Unit was inaccurate along its northwestern edge. We are providing a corrected version of Figure 2 that contains an accurate map of the proposed critical habitat units, and which matches the critical habitat units depicted in the legal description of the original proposed rule. Page 30377 of the proposed rule should be replaced with Figure 2 of this correction.

        In addition, we attempted to use the correct spelling of Hawaiian words by including diacritical marks (a single grave mark (‘) before a vowel indicating a glottal stop, and a macron or horizontal line above a vowel indicating a longer or stressed vowel sound), but we acknowledge that these marks were not printed correctly in the proposed rule. In the final rule to designate critical habitat for the Oahu elepaio, we will ensure that the Hawaiian diacritical marks are either used correctly or eliminated.

        Accordingly, make the following correction to FR Doc. 01-14171 published at 66 FR 30372 on June 6, 2001.

          PART 17—[CORRECTED]
          1. On page 30377, correct the map for Figure 2 to read as follows:

        BILLING CODE 4310-55-P

          EP05SE01.000

          Dated: August 8, 2001.
          Joseph E. Doddridge,
          Acting Assistant Secretary for Fish and Wildllife and Parks.

      [FR Doc. 01-22179 Filed 9-4-01; 8:45 am]
      BILLING CODE 4310-55-C


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [Docket No. FWS-R5-ES-2011-0024]; [4500030113]
        RIN 1018-AY98
        Endangered and Threatened Wildlife and Plants; Listing the Northern Long-Eared Bat as an Endangered Species

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; extension of comment period.

          SUMMARY:

          On October 2, 2013, we, the U.S. Fish and Wildlife Service (Service), announced a 12-month finding on a petition to list the eastern small-footed bat (Myotis leibii) and the northern long-eared bat (Myotis septentrionalis) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act) and to designate critical habitat. After review of the best available scientific and commercial information, we found that listing the eastern small-footed bat is not warranted but listing the northern long-eared bat is warranted. Accordingly, we proposed to list the northern long-eared bat as an endangered species throughout its range under the Act. In the October 2, 2013, proposed rule, we also determined that critical habitat for the northern long-eared bat is not determinable at this time.
          We announce the extension of the comment period for our October 2, 2013, proposed rule to ensure the public has sufficient time to comment on the proposal for this wide-ranging species that involves many stakeholders. The Service seeks data and comments from the public on the October 2, 2013, proposed listing rule for the northern long-eared bat.

          DATES:
          The comment period for the proposed rule published October 2, 2013 (78 FR 61046), is extended. We request that comments on this proposal be submitted by the close of business on January 2, 2014.

          ADDRESSES:

            Document availability: You may obtain copies of the proposed rule on the Internet at http://www.regulations.gov at Docket No. FWS-R5-ES-2011-0024, or by mail from U.S. Fish and Wildlife Service, Green Bay, Wisconsin Field Office (see FOR FURTHER INFORMATION CONTACT).

            Written comments: You may submit comments by one of the following methods:
          (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter Docket No. FWS-R5-ES-2011-0024, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on “Comment Now!” If your comments will fit in the provided comment box, please use this feature of http://www.regulations.gov, as it is most compatible with our comment review procedures. If you attach your comments as a separate document, our preferred file format is Microsoft Word. If you attach multiple comments (such as form letters), our preferred format is a spreadsheet in Microsoft Excel.
          (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R5-ES-2011-0024; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.

          We request that you send comments only by the methods described above. We will post all information received on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Information Requested section below for more details).

          FOR FURTHER INFORMATION CONTACT:
          Peter Fasbender, Field Supervisor, U.S. Fish and Wildlife Service, Green Bay Ecological Services Office, 2661 Scott Tower Dr., New Franken, Wisconsin 54229; by telephone (920) 866-3650 or by facsimile (920) 866-1710. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800-877-8339.

        SUPPLEMENTARY INFORMATION:

        Background

        On October 2, 2013, we published a 12-month finding on a petition to list the eastern small-footed bat (Myotis leibii) and the northern long-eared bat (Myotis septentrionalis) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act) and to designate critical habitat (78 FR 61046). After review of the best available scientific and commercial information, we find that listing the eastern small-footed bat is not warranted but listing the northern long-eared bat is warranted. Accordingly, we proposed to list the northern long-eared bat as an endangered species throughout its range under the Act and also determined that critical habitat for the northern long-eared bat is not determinable at this time (78 FR 61046).
        We received several requests to extend the public comment period on the proposed endangered species status of the northern long-eared bat beyond the December 2, 2013, due date. The northern long-eared bat has an extensive range; in the United States, it occurs in 39 states, and thus there are many involved stakeholders. Thus, in order to ensure that the public has an adequate opportunity to review and comment on our proposed rule, we are extending the comment period for an additional 30 days.
        Information Requested
        We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other concerned Federal and State agencies, the scientific community, or any other interested party concerning this proposed rule. We particularly seek comments regarding the northern long-eared bat concerning:
        (1) The species' biology, range, and population trends, 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) Any information on the biological or ecological requirements of the species, and ongoing conservation measures for the species and its habitat.
        (3) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to this species and regulations that may be addressing those threats.
        (4) Current or planned activities in the areas occupied by the species and possible impacts of these activities on this species.
        (5) Additional information regarding the threats to the species under the five listing factors, 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; and
        (e) Other natural or manmade factors affecting its continued existence.

        (6) The reasons why areas should or should not be designated as critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et seq.), including the possible risks or benefits of designating critical habitat, including risks associated with publication of maps designating any area on which this species may be located, now or in the future, as critical habitat.
        (7) The following specific information on:
        (a) The amount and distribution of habitat for the northern long-eared bat;
        (b) What areas, that are currently occupied and that contain the physical and biological features essential to the conservation of this species, should be included in a critical habitat designation and why;
        (c) Special management considerations or protection that may be needed for the essential features in potential critical habitat areas, including managing for the potential effects of climate change;
        (d) What areas not occupied at the time of listing are essential for the conservation of this species and why;
        (e) The amount of forest removal occurring within known summer habitat for this species;
        (f) Information on summer roost habitat requirements that are essential for the conservation of the species and why; and
        (g) Information on species winter habitat (hibernacula) features and requirements for the species.
        (8) Information on the projected and reasonably likely impacts of changing environmental conditions resulting from climate change on the species and its habitat.

        For more background on our proposed rule, see the October 2, 2013, Federal Register. The proposed rule is available at the Federal eRulemaking Portal at http://www.regulations.gov (see ADDRESSES section above).
        If you previously submitted comments or information on the proposed rule, please do not resubmit them. We have incorporated them into the public record, and we will fully consider them in our final rulemaking. Our final determination concerning this proposed rulemaking will take into consideration all written comments and any additional information we receive.
        Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered or threatened species must be made “solely on the basis of the best scientific and commercial data available.”

        You may submit your comments and materials concerning this proposed rule by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in the ADDRESSES section. If you submit information via http://www.regulations.gov, your entire submission—including any personal identifying information—will be posted on the Web site. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on http://www.regulations.gov. Please include sufficient information with your comments to allow us to verify any scientific or commercial information you include.

        Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on http://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Green Bay, Wisconsin Field Office (see FOR FURTHER INFORMATION CONTACT). You may obtain copies of the proposed rule on the Internet at http://www.regulations.gov at Docket No. FWS-R5-ES-2011-0024, or by mail from U.S. Fish and Wildlife Service, Green Bay, Wisconsin Field Office (see FOR FURTHER INFORMATION CONTACT).
        Authors
        The primary authors of this notice are the staff members of the Green Bay, Wisconsin, Field Office.
        Authority

        The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: November 21, 2013.
          Stephen Guertin,
          Acting Director, U.S. Fish and Wildlife Service.

      [FR Doc. 2013-28705 Filed 11-29-13; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 660
        [ID. 051601B]
        Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of receipt of an application for an exempted fishing permit (EFP); request for comments.

          SUMMARY:
          NMFS announces receipt of an application for an  EFP from the Washington State Department of Fish and Wildlife (WSDFW).  If awarded, the EFP would allow vessels with valid Washington State delivery permits to land certain federally managed groundfish species in excess of cumulative trip limits and sell them for profit, providing the vessel carries a State- sponsored observer.  State observers would collect total catch and effort data, and retain specimens that are otherwise not available shoreside.  This EFP proposal is intended to promote the objectives of the Pacific Coast Groundfish Fishery Management Plan (FMP) by providing data on total catch and incidental catch rates.

          DATES:
          Comments must be received by June 28, 2001.

          ADDRESSES:
          Copies of the EFP application are available from Becky Renko, Northwest Region, NMFS, 7600 Sand Point Way N.E., Bldg. 1, Seattle, WA  98115-0070.

          FOR FURTHER INFORMATION CONTACT:
          Becky Renko, 206-526-6140.

        SUPPLEMENTARY INFORMATION:
        This action is authorized by the FMP and implementing regulations at 50 CFR 600.745 and 50 CFR 660.350. -
        On April 5, 2001, NMFS received an EFP application from the WSDFW.  The purpose of this exempted fishing activity would be to measure bycatch rates for canary rockfish and other rockfish species associated with fishing strategies currently used in the northern arrowtooth flounder fishery off Washington State. - -
        Fishing for arrowtooth flounder, which is an abundant and commercially important species off Washington State, is constrained by efforts to rebuild canary rockfish, an overfished species.  Fishers who have historically targeted arrowtooth flounder believe that the fishery can be prosecuted with a much lower rockfish bycatch rate than is currently assumed.    -
        If issued, this EFP would allow certain vessels with valid Washington State delivery permits to retain and sell groundfish species in excess of cumulative trip limits, and would provide for a State-run observer program where observers collect and retain specimens of otherwise prohibited fish caught by the vessel. Observers would also collect much-needed data from which incidental catch rates and total catch of various species and species groups could be estimated.  Without an EFP, groundfish regulations at 50 CFR 660.306(f) restrict vessels from landing groundfish species or species groups in excess of trip limits.  -
        Data collected during this project is expected to have a broad significance to the management of the groundfish fishery by providing much needed information on: (1) Total catch in the northern flatfish fishery; (2) catch rates of incidentally caught species, including canary rockfish by fishing location; and (3) age structure data that is otherwise not available from landed catch.  To the extent possible, data provided by the State observers will be compatible with that data collected by the NMFS coastwide observer program.  If the EFP is issued, approximately seven vessels are expected to fish under the EFP from July to September 2001.  All groundfish caught under this EFP would be counted against the optimum yields (OYs) for those species and  will not result in total harvest above expected levels.  NMFS will include special provisions should they be necessary to ensure that the canary rockfish OY is not exceeded. -

        In accordance with Pacific Coast groundfish regulations, NMFS has determined that the proposal warrants further consideration and has initiated consultation with the Pacific Fishery Management Council (Council).  The Council will consider the EFP application during its June 11-15, 2001, meeting, which will be held at the Park Plaza Hotel, in Burlingame, CA.  The applicants have been invited to appear in support of their application.  A copy of  the application is available for review from NMFS (see ADDRESSES).

          Authority:
          16 U.S.C. 1801 et seq.

          Dated: May 22, 2001.
          Richard W. Surdi,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 01-13434 Filed 5-25-01; 8:45 am]
      BILLING CODE  3510-22-S


        CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
        40 CFR Part 1604
        Accident Investigation Initiation Notice and Order To Preserve Evidence; Extension of Comment Period

          AGENCY:
          Chemical Safety and Hazard Investigation Board.

          ACTION:
          Proposed rule; extension of comment period.

          SUMMARY:

          The Chemical Safety and Hazard Investigation Board (CSB) is extending the period for comment on the proposed rule entitled, “Accident Investigation Initiation Notice and Order to Preserve Evidence,” which was published in the Federal Register on January 4, 2006 (71 FR 309).

          DATES:
          Written comments now must be received on or before March 6, 2006.

          ADDRESSES:
          You may submit written comments concerning the proposed rule, by the following method:
          • Mail / Express delivery service: Chemical Safety and Hazard Investigation Board, Office of General Counsel, Attn: Christopher Warner, 2175 K Street, NW., Suite 650, Washington, DC 20037.

          FOR FURTHER INFORMATION CONTACT:
          Christopher Warner, 202-261-7600.

        SUPPLEMENTARY INFORMATION:
        On January 4, 2006, the CSB published in the Federal Register (71 FR 309) a proposed rule that would establish the means by which the CSB will preserve accident scenes/sites, and the evidence within those sites. The proposed rule is centered around a procedure by which the CSB may issue a written “Notice of Accident Investigation Initiation and Order to Preserve Evidence.” The CSB is proposing this rule to address critical issues surrounding evidence preservation, so that CSB investigators have the fullest possible opportunity to determine the causes of chemical accidents to which they are deployed. The proposed rule provided for a 30-day comment period, to end on February 3, 2006.
        After publication of the proposed rule, the CSB received requests for a 60-day extension of the comment period from three trade associations—the American Petroleum Institute, The Fertilizer Institute, and the Synthetic Organic Chemical Manufacturers Association. Another private sector firm, ORC Worldwide, requested a 30-day extension. The reasons cited in support of additional time for comments included a need to more thoroughly evaluate the proposed rule, a need to obtain and review relevant background materials, and a need for member companies to review and discuss the proposed rule. The CSB also received a request for a 60-day comment period extension from one government agency, the U.S. Occupational Safety and Health Administration, which cited the complexity of the issues presented by the proposed rule.
        The CSB carefully reviewed these requests and considered the reasons for a comment period extension cited therein. The CSB also considered the importance of maintaining a timely rulemaking process, in light of the direct impact the proposed rule would have on the agency's core mission investigative activities. The CSB has thus determined that a 30-day extension of the comment period is reasonable and sufficient. Written comments on the proposed rule must now be received by March 6, 2006.

          Dated: January 30, 2006.
          Christopher W. Warner,
          General Counsel.

       [FR Doc. E6-1464 Filed 2-2-06; 8:45 am]
      BILLING CODE 6350-01-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [I.D. 053100A]
        Gulf of Mexico Fishery Management Council; Public Hearings

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of public hearings; request for comments.

          SUMMARY:
          The Gulf of Mexico Fishery Management Council (Council) will convene public hearings to receive comments on a draft Generic Amendment Addressing the Establishment of Tortugas Marine Reserves (draft Generic Tortugas Marine Reserves Amendment).

          DATES:

          Written comments will be accepted until 5 p.m. on June 30, 2000. The public hearings will be held on June 21 and 22, 2000. See SUPPLEMENTARY INFORMATION for specific dates and times of the public hearings.

          ADDRESSES:

          Written comments should be sent to, and copies of the draft Generic Tortugas Marine Reserves Amendment are available from, the Council. The Council's address is: Gulf of Mexico Fishery Management Council, 3018 U.S. Highway 301, North, Suite 1000, Tampa, Florida 33619. See SUPPLEMENTARY INFORMATION for specific dates and times of the public hearings.

          FOR FURTHER INFORMATION CONTACT:

          Mr. Wayne Swingle, Executive Director, Senior Fishery Biologist, Gulf of Mexico Fishery Management Council; telephone: (813) 228-2815.

        SUPPLEMENTARY INFORMATION:
        The Council will convene public hearings to take comments on a draft Generic Tortugas Marine Reserves Amendment, which proposes to establish the Tortugas South marine reserve that will encompass the Riley's Hump mutton snapper spawning aggregation site established by the Council in 1994. The total area of the proposed Tortugas South marine reserve is 60 square nautical miles (nm). The draft Generic Tortugas Marine Reserves Amendment also proposes to create the Tortugas North marine reserve cooperatively with the Florida Keys National Marine Sanctuary (FKNMS), the State of Florida, and the National Park Service, which will encompass an area of 120 square nm. The portion proposed to be established by the Council is 13 nm. The Council proposes that marine reserves be established for a period of at least 10 years, during which the ecological benefits of the reserve will be evaluated. The Council also proposes that fishing, for all species managed under the Council's fishery management plans and for Atlantic highly migratory species, and anchoring by fishing vessels be prohibited within the marine reserves.
        The draft Generic Tortugas Marine Reserves Amendment would amend all of the Council's fishery management plans and contains a draft supplemental environmental impact statement (DSEIS), a draft initial regulatory flexibility analysis, and a draft regulatory impact review. The DSEIS has not yet been filed with the Environmental Protection Agency for announcement for public comment. The Council will hear public testimony on the draft Generic Tortugas Marine Reserves Amendment before taking final action on the Generic Tortugas Marine Reserves Amendment at its July 12, 2000, meeting in Key Largo, Florida. Also, there will be a Highly Migratory Species (HMS) NMFS staff member present at both hearings to specifically hear public testimony of affected HMS fishermen.
        Public hearings on the draft Generic Tortugas Marine Reserves Amendment will begin at 3:30 p.m. and end at 8 p.m. at all of the following locations:
        1. Wednesday, June 21, 2000—Sombrero Country Club, 4000 Sombrero Boulevard, Marathon, Florida 33050; and
        2. Thursday, June 22, 2000—Holiday Inn Beachside, 3841 North Roosevelt Boulevard, Key West, Florida 33040.
        Special Accommodations

        These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Anne Alford at the Council (see ADDRESSES) by June 7, 2000.

          Dated: June 9, 2000.
          Bruce C. Morehead,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 00-15179 Filed 6-14-00; 8:45 am]
      BILLING CODE 3510-22-F


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 300
        [EPA-HQ-SFUND-1990-0011; FRL-9089-9]
        National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Notice of intent to delete the Kerr-McGee Reed-Keppler Park Superfund Site from the National Priorities List.

          SUMMARY:
          EPA, Region 5 is issuing a Notice of Intent to Delete the Kerr-McGee Reed-Keppler Park Superfund Site (Site) located in West Chicago, Illinois, 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). EPA and the State of Illinois, through the Illinois Environmental Protection Agency (IEPA), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

          DATES:
          Comments must be received by January 7, 2010.

          ADDRESSES:
          Submit your comments, identified by Docket ID no. EPA-HQ-SFUND-1990-0011, by one of the following methods:
          • http://www.regulations.gov: Follow on-line instructions for submitting comments.
          • E-mail: Timothy Fischer, Remedial Project Manager, at fischer.timothy@epa.gov or Janet Pope, Community Involvement Coordinator, at pope.janet@epa.gov.

          • Fax: Gladys Beard at (312) 697-2077.
          • Mail: Timothy Fischer, Remedial Project Manager, U.S. Environmental Protection Agency (SR-7J), 77 W. Jackson Blvd., Chicago, IL 60604, (312) 886-5787, or Janet Pope, Community Involvement Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 W. Jackson Blvd., Chicago, IL 60604, (312) 353-0628 or 1-800-621-8431.
          • Hand delivery: Janet Pope, Community Involvement Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 W. Jackson Blvd., Chicago, IL 60604. Such deliveries are only accepted during the docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. The normal business hours are Monday through Friday, 8:30 am to 4:30 pm.

            Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-1990-0011. 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 may not be publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in the hard copy. Publicly available docket materials are available either electronically at http://www.regulations.gov or in hard copy at: U.S. Environmental Protection Agency—Region 5,  77 W. Jackson Blvd., Chicago, IL 60604, Hours: Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. West Chicago Public Library,  118 W. Washington St., West Chicago, IL 60185,  (630) 231-1552,  Hours: Monday through Thursday, 9 a.m. to 9 p.m.; Friday and Saturday, 9 a.m. to 5 p.m.; and Sundays until May, 1 p.m. to 5 p.m.

          FOR FURTHER INFORMATION CONTACT:

          Timothy Fischer, Remedial Project Manager, U.S. Environmental Protection Agency (SR-6J), 77 W. Jackson Blvd., Chicago, IL 60604, (312) 886-4737, fischer.timothy@epa.gov.

        SUPPLEMENTARY INFORMATION:
        In the “Rules and Regulations” section of today's Federal Register, we are publishing a direct final Notice of Deletion of the Kerr-McGee Reed Keppler Park 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 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 and Regulations section of this Federal Register.

          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: November 20, 2009.
           Bharat Mathur,
           Acting Regional Administrator,  Region 5.

      [FR Doc. E9-29090 Filed 12-7-09; 8:45 am]
      BILLING CODE 6560-50-P


        DEPARTMENT OF HEALTH AND HUMAN SERVICES
        Food and Drug Administration
        21 CFR Part 882
        [Docket Nos. FDA-2011-N-0504 and FDA-2013-N-0195]
        Neurological Devices; Withdrawal of Proposed Effective Date of Requirement for Premarket Approval for Cranial Electrotherapy Stimulator Devices

          AGENCY:
          Food and Drug Administration, HHS.

          ACTION:
          Withdrawal of proposed rule and proposed order.

          SUMMARY:

          The Food and Drug Administration (FDA) is withdrawing the proposed rule the Agency issued in the Federal Register of August 8, 2011, and the proposed order the Agency issued in the Federal Register of April 4, 2013, in part. In those documents, FDA proposed to require the filing of a premarket approval application (PMA) or a notice of completion of a product development protocol (PDP) for the class III preamendment device, cranial electrotherapy stimulator (CES). In response to information received in response to these two proposed actions, FDA is withdrawing the proposed rule and proposed order.

          DATES:
          The proposed rule and the proposed order, in part, are withdrawn on June 12, 2014.

          FOR FURTHER INFORMATION CONTACT:

          Melissa Burns, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1646, Silver Spring, MD 20993, 301-796-5616, Melissa.Burns@fda.hhs.gov.

        SUPPLEMENTARY INFORMATION:
        I. Background—Regulatory Authorities
        In the Federal Register of August 8, 2011 (76 FR 48062), FDA issued a proposed rule to require the filing of a PMA or a notice of completion of a PDP for the class III preamendments device, CES. This device applies electrical current to a patient's head to treat insomnia, depression, or anxiety. The Agency also summarized its proposed findings regarding the degree of risk of illness or injury designed to be eliminated or reduced by requiring the devices to meet the statute's approval requirements and the benefits to the public from the use of the devices. In addition, FDA announced the opportunity for interested persons to request that the Agency change the classification of any of the aforementioned devices based on new information.
        In response to the proposed rule, FDA received three petitions conforming to the requirements of 21 CFR 860.123 requesting a change in the classification of CES devices. FDA referred the petitions to the Neurological Device Panel (“the Panel”) on February 10, 2011, for the Panel's recommendation on the requested change in classification (Ref. 1). The Panel recommended that the CES device for treatment of insomnia, depression, or anxiety should remain in class III requiring PMAs.
        On July 9, 2012, the Food and Drug Administration Safety and Innovation Act (FDASIA) was enacted. Section 608(a) of FDASIA (126 Stat. 1056) amended section 513(e) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(e)), changing the process for reclassifying a device from rulemaking to an administrative order. Subsequently, on April 4, 2013 (78 FR 20268), FDA issued a proposed administrative order for several device types, including CES, to comply with the new procedural requirement created by FDASIA. This proposed order also proposed requiring filing of a PMA or a notice of completion of a PDP for the CES device.
        II. Withdrawal of the Proposed Rule and Proposed Order
        FDA provided an opportunity for interested parties to comment on the proposed rule and proposed order for CES devices (76 FR 48062, August 8, 2011, and 78 FR 20268, April 4, 2013). FDA received over 300 comments to the docket in response to the proposed rule and proposed order related to CES devices. Comments that expressed an opinion about the classification of CES devices were usually in favor of a class II designation. Some comments did not openly state an opinion, but included arguments against the proposed rule or order that could reasonably be interpreted as support for a class II designation. There were also comments that agreed with a class III designation. In addition to the comments, FDA received four separate submissions to request a change in the classification of CES from class III to class II. FDA has considered the information before the Agency, including the deliberations of the February 10, 2012, Neurological Devices Panel and the reclassification petitions submitted for these devices, and has determined that there is sufficient information to establish special controls, and that these special controls, together with general controls, will provide a reasonable assurance of safety and effectiveness for CES devices. In this action, FDA is withdrawing the proposed rule and proposed order to call for PMAs for CES devices. FDA plans to issue a proposed order in the future for the reclassification of the CES device into class II. For the reasons described in this document, FDA is withdrawing the aforementioned proposed rule and proposed order.
        III. Reference

        The following reference has been placed on display in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday, and is available electronically at http://www.regulations.gov. (FDA has verified the Web site address in this reference section, but we are not responsible for any subsequent changes to the Web site after this document publishes in the Federal Register.)

          1. FDA's Neurological Devices Panel transcript and other meeting materials are available on FDA's Web site at http://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommittee/NeurologicalDevicesPanel/ucm289361.htm.

          Dated: June 9, 2014.
          Leslie Kux,
          Assistant Commissioner for Policy.

      [FR Doc. 2014-13756 Filed 6-11-14; 8:45 am]
      BILLING CODE 4164-01-P


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Parts 52 and 81
        [EPA-R09-OAR-2006-0214; FRL-8514-8]
        Approval and Promulgation of Air Quality Implementation Plans; Designation of Areas for Air Quality Planning Purposes; Arizona; San Manuel Sulfur Dioxide State Implementation Plan and Request for Redesignation to Attainment

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Proposed rule.

          SUMMARY:

          EPA is proposing to approve the maintenance plan for the San Manuel Area in Pinal and Pima Counties, Arizona, as a revision to the Arizona state implementation plan, and to grant the request submitted by the State to redesignate this area from nonattainment to attainment of the national ambient air quality standards for sulfur dioxide (SO2) for the San Manuel SO2 nonattainment area. EPA is proposing this action in accordance with the Clean Air Act.

          DATES:
          Any comments on this proposal must arrive by February 19, 2008.

          ADDRESSES:
          Submit comments, identified by docket number EPA-R09-OAR-2006-0580, by one of the following methods:
          1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions.
          2. E-mail: robin.marty@epa.gov.
          3. Mail or deliver: Marty Robin (Air-2), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.

            Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or e-mail. www.regulations.gov is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. 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.

            Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

          FOR FURTHER INFORMATION CONTACT:
          Marty Robin, EPA Region IX, (415) 972-3961, robin.marty@epa.gov.

        SUPPLEMENTARY INFORMATION:
        In the Rules and Regulations section of this Federal Register, we are taking direct final action to approve the maintenance plan for the San Manuel SO2 nonattainment area and to approve the State of Arizona's request to redesignate the San Manuel area from nonattainment to attainment. We are taking these actions without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule.

        We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final rule in this Federal Register.

          Authority:
          42 U.S.C. 7401 et seq.

          Dated: December 20, 2007.
          Wayne Nastri,
          Regional Administrator, Region IX.

      [FR Doc. E8-804 Filed 1-17-08; 8:45 am]
      BILLING CODE 6560-50-P