National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List, 12296-12297 [E9-6143]

Download as PDF 12296 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules mstockstill on PROD1PC66 with PROPOSALS support the Postal Service’s methodologies.4 As the Commission explained in Order No. 191, also issued today, the expedited preimplementation review of proposed market dominant rate adjustments under section 3622 precludes any meaningful examination of departures from established rate methodologies and analytical principles. In Docket Nos. R2008–1 and ACR2007, various parties suggested changes to the existing workshare discount methodologies and methods for measuring cost avoidance, which, given the expedited nature of those proceedings, the Commission declined to hear. See Docket No. ACR2007, Annual Compliance Determination FY2007, March 27, 2008, at 18; Docket No. R2008–1, Review of Postal Service Notice of Market Dominant Price Adjustment, March 17, 2008, at 19. Consequently, pursuant to 39 U.S.C. 503, 3622(a), and 3652(e), the Commission is initiating this proceeding to afford the Postal Service (and interested persons supporting its rationales) an opportunity to address the legal, factual, and economic underpinnings of the methodologies used by the Postal Service to develop its proposed First-Class Mail and Standard Mail discount rates in Docket No. R2009–2. In addition, interested persons, including the Postal Service, may submit alternative workshare discount rate design and cost avoidance calculation methodologies. Alternative methodologies must address the legal, factual, and economic bases underlying them.5 The foregoing presentations are due no later than 60 days after publication of this order in the Federal Register. After an opportunity to review those presentations, the Commission will issue a procedural schedule to provide interested persons an opportunity to submit responsive presentations. Depending on the breadth and complexity of issues presented, the Commission may provide an opportunity for hearings and may find Comments of American Postal Workers Union, AFL–CIO, March 2, 2009, at 1–5; Comments of the Greeting Card Association, March 2, 2009, at 2; Comments of Newspaper Association of America on Notice of Market-Dominant Price Adjustment, March 2, 2009, at 10–11; Docket No. ACR2008, Initial Comments of the Major Mailers Association on the Annual Compliance Report of the United States Postal Service, January 30, 2009, at 1; and Initial Comments of American Postal Workers Union, AFL–CIO, January 30, 2009, at 3–4. 4 See, e.g., Docket No. R2009–2, Comments of Valassis Direct Mail Inc. and the Saturation Mailers Coalition, March 2, 2009, at 5. 5 Statements, if any, submitted in support of a party’s position must comply with rule 3001.31 of the Commission’s Rules of Practice and Procedure. VerDate Nov<24>2008 01:05 Mar 24, 2009 Jkt 217001 it appropriate to bifurcate the proceeding. Based on the record developed in this proceeding, the Commission will evaluate whether any change in the established workshare discount methodologies, including methods to calculate avoided costs, is warranted. While the established methodologies will continue to be employed until (and if) changed, the Commission emphasizes that the intent of this proceeding is to provide a forum for a thorough examination of these important issues. Pursuant to 39 U.S.C. 505, the Commission designates Emmett Rand Costich and James Callow to serve as Public Representative to represent the interests of the general public in this proceeding. It is Ordered: 1. As discussed in the body of this order, initial presentations may be filed by any interested person no later than 60 days after publication of this order in the Federal Register. 2. Following receipt of the initial presentations, the Commission will issue a further procedural schedule in this proceeding. 3. Pursuant to 39 U.S.C. 505, Emmitt Rand Costich and James Callow are designated as the Public Representative in this proceeding to represent the interests of the general public. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Steven W. Williams, Secretary. [FR Doc. E9–6197 Filed 3–23–09; 8:45 am] BILLING CODE 7710–FW–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1986–0005; FRL–8784–6] National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List AGENCY: Environmental Protection Agency. ACTION: Notice of Intent for Partial Deletion of the Mouat Industries Superfund Site from the National Priorities List. SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing a Notice of Intent for Partial Deletion of the surface and subsurface soils component of the Mouat Industries PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 Superfund Site (Site) located in Columbus, Montana, 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 found at Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Montana, through the Montana Department of Environmental Quality (MDEQ), have determined that all appropriate response actions at these identified parcels under CERCLA, other than five-year reviews and operation and maintenance, have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to the surface and subsurface soils component of the Mouat Industries Superfund Site. The groundwater component will remain on the NPL and is not being considered for deletion as part of this action. DATES: Comments must be received by April 23, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–1986–0005, by one of the following methods: • https://www.regulations.gov. Follow on-line instructions for submitting comments. • E-mail: hoogerheide.roger@epa.gov. • Fax: (406) 457–5056. • Mail: Roger Hoogerheide, Remedial Project Manager; U.S. EPA Montana Office; Federal Building, Suite 3200; 10 West 15th Street; Helena, MT 59626. • Hand delivery: U.S. EPA Montana Office; Federal Building, Suite 3200; 10 West 15th Street; Helena, MT 59626. 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–1986– 0005. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// 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 https:// www.regulations.gov or e-mail. The E:\FR\FM\24MRP1.SGM 24MRP1 mstockstill on PROD1PC66 with PROPOSALS Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules https://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 https:// 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 https:// 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 https:// www.regulations.gov or are available for viewing and copying at the Site information repositories located at: U.S. EPA Montana Office, Federal Building, Suite 3200, 10 West 15th Street, Helena, MT 59626, (406) 457–5000. Viewing Hours: Mon.–Fri. 8 a.m. to 5 p.m., excluding holidays. Stillwater County Library, 27 North 4th Street; PO Box 266, Columbus, MT 59019–0266, 406–322–5009. Hours: (Library hours vary) FOR FURTHER INFORMATION CONTACT: Roger Hoogerheide, Remedial Project Manager, 8MO, hoogerheide.roger@epa.gov, U.S. EPA, Region 8—Montana Office, 10 W. 15th St., Suite 3200, Helena, Montana 59626, (406) 457–5031 or 1–866–457–2690, extension 5031. 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 surface and subsurface soils component of the Mouat Industries Superfund Site without prior Notice of Intent for Partial Deletion because EPA views this as a noncontroversial revision and anticipates no adverse comment. We VerDate Nov<24>2008 01:05 Mar 24, 2009 Jkt 217001 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. 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: March 10, 2009. Carol Rushin, Acting Regional Administrator, Region 8. [FR Doc. E9–6143 Filed 3–23–09; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS-R1-ES-2008-0128; MO 922105 0083B2] RIN 1018-AW72 Endangered and Threatened Wildlife and Plants; Determination of Significant Portion of the Range of Marine and Estuarine Areas of the Southwestern Washington/Columbia River Distinct Population Segment of Coastal Cutthroat Trout (Oncorhynchus clarki clarki) AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 12297 SUMMARY: On July 5, 2002, we, the U.S. Fish and Wildlife Service (Service), published a withdrawal of the proposed rule to list the Southwestern Washington/Columbia River distinct population segment (DPS) of the coastal cutthroat trout (Oncorhynchus clarki clarki) as threatened under the Endangered Species Act of 1973, as amended (Act). As a result of litigation, we are now reconsidering our withdrawal of the proposed rule with specific regard to the question of whether the marine and estuarine areas may constitute a significant portion of the range of the Southwestern Washington/Columbia River DPS of coastal cutthroat trout, and if so, whether that portion is threatened or endangered. We hereby notify the public, other concerned governmental agencies, the scientific community, industry, and any other interested party of our request for information, data, or comments on the marine and estuarine areas of the Southwestern Washington/ Columbia River DPS of coastal cutthroat trout, with particular regard to whether these areas constitute a significant portion of the range of the DPS under the Act, and if so, whether the subspecies is threatened or endangered in those areas. DATES: We will accept information received on or before April 23, 2009. ADDRESSES: You may submit comments by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R1ES-2008–0128; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. We will not accept e-mail or faxes. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the ‘‘Public Comments’’ section below for more information). FOR FURTHER INFORMATION CONTACT: Paul Henson, Ph.D, State Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266; telephone 503-231-6179; facsimile 503231-6195. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339. SUPPLEMENTARY INFORMATION: Public Comments To ensure that any action resulting from this request for information will be E:\FR\FM\24MRP1.SGM 24MRP1

Agencies

[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Proposed Rules]
[Pages 12296-12297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6143]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-8784-6]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent for Partial Deletion of the Mouat Industries 
Superfund Site from the National Priorities List.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing 
a Notice of Intent for Partial Deletion of the surface and subsurface 
soils component of the Mouat Industries Superfund Site (Site) located 
in Columbus, Montana, 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 found 
at Appendix B of 40 CFR part 300, which is the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the 
State of Montana, through the Montana Department of Environmental 
Quality (MDEQ), have determined that all appropriate response actions 
at these identified parcels under CERCLA, other than five-year reviews 
and operation and maintenance, have been completed. However, this 
deletion does not preclude future actions under Superfund. This partial 
deletion pertains to the surface and subsurface soils component of the 
Mouat Industries Superfund Site. The groundwater component will remain 
on the NPL and is not being considered for deletion as part of this 
action.

DATES: Comments must be received by April 23, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
     https://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     E-mail: hoogerheide.roger@epa.gov.
     Fax: (406) 457-5056.
     Mail: Roger Hoogerheide, Remedial Project Manager; U.S. 
EPA Montana Office; Federal Building, Suite 3200; 10 West 15th Street; 
Helena, MT 59626.
     Hand delivery: U.S. EPA Montana Office; Federal Building, 
Suite 3200; 10 West 15th Street; Helena, MT 59626. 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-
1986-0005. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 https://www.regulations.gov or e-mail. The

[[Page 12297]]

https://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 https://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 https://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 https://www.regulations.gov or are available for viewing and copying 
at the Site information repositories located at: U.S. EPA Montana 
Office, Federal Building, Suite 3200, 10 West 15th Street, Helena, MT 
59626, (406) 457-5000.
    Viewing Hours: Mon.-Fri. 8 a.m. to 5 p.m., excluding holidays. 
Stillwater County Library, 27 North 4th Street; PO Box 266, Columbus, 
MT 59019-0266, 406-322-5009. Hours: (Library hours vary)

FOR FURTHER INFORMATION CONTACT: Roger Hoogerheide, Remedial Project 
Manager, 8MO, hoogerheide.roger@epa.gov, U.S. EPA, Region 8--Montana 
Office, 10 W. 15th St., Suite 3200, Helena, Montana 59626, (406) 457-
5031 or 1-866-457-2690, extension 5031.

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 surface and subsurface soils component of the 
Mouat Industries Superfund 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.

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: March 10, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E9-6143 Filed 3-23-09; 8:45 am]
BILLING CODE 6560-50-P
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