Notice of Proposed Addition of Thermal Features Within Valles Caldera National Preserve to the Geothermal Steam Act List of Significant Thermal Features Within Units of the National Park System, 95632-95639 [2016-31270]
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
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DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–GRD–22583; GPO Deposit
Account 4311–H2]
Notice of Proposed Addition of
Thermal Features Within Valles
Caldera National Preserve to the
Geothermal Steam Act List of
Significant Thermal Features Within
Units of the National Park System
National Park Service, Interior.
Notice of proposal.
AGENCY:
ACTION:
The National Park Service
(NPS) is publishing for public review
and comment a proposal that the
Department of the Interior (Department)
designate the thermal features within
Valles Caldera National Preserve
(Preserve), New Mexico, as ‘‘significant
thermal features,’’ and that they be
added to the list of significant thermal
features within units of the National
Park System, in accordance with the
Geothermal Steam Act (the Act), as
amended. The Act requires that those
thermal features in units of the National
Park System that are determined to be
significant, and included in or added to
the list at 30 U.S.C. 1026, must be
protected from any geothermal leasing,
exploration, development or utilization
that might adversely affect those
features.
SUMMARY:
Comments must be received on
or before January 27, 2017 to be assured
of receiving consideration. After
considering all comments received, the
NPS will issue a final notice of the
Department’s determination in the
Federal Register. Copies of public
comments received in response to this
Notice will be available for public
review according to the specifications of
the final notice.
ADDRESSES: Submit comments to the
PEPC Web site at https://
parkplanning.nps.gov/vallego.
FOR FURTHER INFORMATION CONTACT: Ms.
Julia F. Brunner, Policy and Regulatory
Specialist, Geologic Resources Division,
National Park Service, P.O. Box 25287,
Lakewood CO 80225–0287; telephone
303–969–2012.
SUPPLEMENTARY INFORMATION: The
Geothermal Steam Act (the Act), as
amended, authorizes the Secretary of
the Interior (Secretary) to issue
geothermal leases for exploration,
development and utilization of
geothermal resources on available
public lands administered by the
Department of the Interior, as well as on
federal lands administered by the
Department of Agriculture, and on lands
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that have been conveyed by the United
States subject to a reservation to the
United States of the geothermal
resources in those lands. 30 U.S.C. 1002.
The Bureau of Land Management (BLM)
administers the geothermal program
pursuant to its regulations at 43 CFR
parts 3000, 3200, and 3280. On federal
lands managed by the Agriculture
Department or used for a federal water
power project, the BLM must first obtain
the consent of the Secretary of
Agriculture or Secretary of Energy,
respectively, before it may issue any
leases for geothermal resources
underlying those lands. See 30 U.S.C.
1014(b).
The Act does not make lands
administered by the NPS subject to
geothermal leasing, thereby prohibiting
geothermal leasing in park units (30
U.S.C. 1002, 1014(c)). In addition, the
Valles Caldera National Preserve has
been expressly withdrawn from the
operation of the geothermal leasing
laws. 16 U.S.C. 698v–11(b)(9).
The Act requires the Secretary to
maintain a list of significant thermal
features within units of the National
Park System (30 U.S.C. 1026(a)). For
those listed significant thermal features,
the Act requires:
(1) The Secretary to maintain a
monitoring program, including a
research program carried out by NPS in
cooperation with the U.S. Geological
Survey (30 U.S.C. 1026(b));
(2) the Secretary to determine, on the
basis of scientific evidence, and subject
to notice and public comment, whether
exploration, development, or utilization
of the land subject to a lease application
would be reasonably likely to result in
a significant adverse effect on any listed
feature and, if so, not to issue the lease
(30 U.S.C. 1026(c));
(3) the Secretary to determine, on the
basis of scientific evidence, whether the
exploration, development, or utilization
of the land subject to a lease or drilling
permit is reasonably likely to adversely
affect any listed features and, if so, to
include stipulations in the lease or
drilling permit to protect those features
(30 U.S.C. 1026(d));
(4) the Secretary of Agriculture to
consider the effects on significant
thermal features within units of the
National Park System in determining
whether to consent to leasing on
national forest lands or other lands
administered by the Department of
Agriculture (30 U.S.C. 1026(e)).
The Act lists sixteen park units as
having significant thermal features, and
the Act also authorizes the Secretary to
add significant thermal features within
park units to the list after notice and
public comment (see 30 U.S.C. 1026(a)).
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With regard to the proposed designation
of the thermal features within Valles
Caldera, it is instructive to briefly
review the earlier law and Federal
Register notices on which the
provisions of the Act, which are
described above, were based.
In 1986, the Department of the
Interior and Related Agencies
Appropriations Act, Pub. L. 99–591,
Section 115 paragraph 2(a) (the 1986
Act) directed the Secretary to collect
and publish in the Federal Register,
within 120 days, a proposed list of
significant thermal features within park
units, and provided a preliminary list of
22 park units. The 1986 Act required
four criteria to be applied to each
thermal feature when making an overall
determination of significance. These
four criteria were:
(1) Size, extent, and uniqueness,
(2) Scientific and geologic
significance,
(3) The extent to which such features
remain in a natural, undisturbed
condition, and
(4) Significance of thermal features to
the authorized purposes for which the
park unit was created.
The Department designated the NPS
as the lead agency to prepare and
publish the list. On February 13, 1987,
as directed by the 1986 Act, the NPS
published a Notice of the Proposed List
of Significant Thermal Features within
Units of the National Park System (52
FR 4700). After receiving 23 comments
on the February 1987 notice, the NPS
published the final list on August 3,
1987 (52 FR 28790), concluding that 13
park units contained significant thermal
features. The 1988 Act subsequently
listed these 13 park units, as well as
three additional park units, as
containing significant thermal features
(30 U.S.C. 1001(f)).
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In the process of designating the
significant thermal features pursuant to
the 1986 Act, the NPS defined a
‘‘thermal feature’’ broadly as ‘‘surface
manifestations of a subsurface heat
source’’ (see 52 FR 29890, 28792 (Aug.
3, 1987)) or ‘‘subsurface thermal
activity’’ (see 52 FR 4700, 4702 (Feb. 13,
1987)). The NPS’s 1987 definition of
‘‘thermal feature’’ encompassed not only
the surface manifestations of underlying
hydrothermal systems, but also surface
manifestations of volcanic processes
(see 52 FR 29890, 28792). When listing
various thermal features, the NPS
categorized them as ‘‘hydrothermal’’ or
‘‘volcanic’’ to indicate the surface
manifestation resulting from differing
types of subsurface thermal activity,
systems or features, although this
description did not affect the
significance of any particular feature
(see id.; 53 FR 4700, 4702).
More recently, the NPS has defined
‘‘thermal resources’’ as comprising a
subsurface heat source, heat conduit
rock formations, and air and/or water
that circulates through the formation
and may discharge at the surface; such
resources create features such as
geysers, hot springs, mudpots,
fumaroles, unique/rare mineral
precipitates and formations, and
hydrophilic biotic communities (NPS
Management Policies § 4.8.2.3)(2006)).
To be consistent with both the 1987 and
the 2006 definitions, the NPS proposes
in this notice to define ‘‘thermal
feature’’ as the surface manifestation of
subsurface thermal resources, systems,
or activity, and to use the words
‘‘hydrothermal’’ and ‘‘volcanic’’ as a
simple description of the type of
underlying thermal activity that resulted
in how the feature appears on the
earth’s surface.
For the purpose of this notice, the
NPS also proposes to remain consistent
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with both of its 1987 interpretations of
the four significance criteria as follows:
(1) Size, extent, and uniqueness—NPS
does not establish lower or upper limits
on the size or extent of a feature. Each
feature is identified according to its
existing surface dimensions. For a
feature to be considered significant
under this criterion, it is identified as
unique to the region, the nation, or, in
some cases, the world.
(2) Scientific and geologic
significance—NPS considers the feature
‘‘significant’’ when the feature has been
identified as contributing to geologic,
biological, or other scientific knowledge
compared with similar features in other
areas or makes a significant contribution
to the understanding of similar systems.
(3) The extent to which such features
remain in a natural, undisturbed
condition—Under this criterion, no
limits are established for amount or
degree of development. The feature may
be significant if it remains in a natural,
relatively undisturbed condition.
Modifications or improvements may be
acceptable if: The alterations were
necessary to preserve a developed
feature; modifications intended to
accommodate or improve public
enjoyment of the feature are judged to
be consistent or compatible with the
intent of the enabling legislation; and so
long as disturbances or developments, if
any, have not affected the subsurface
thermal regime.
(4) Significance of thermal features to
the authorized purposes for which the
park unit was created—NPS considers
features significant if they were the
basis for establishment of the unit (i.e.,
the feature was specifically identified in
the enabling legislation) or if they are
consistent with the statutory purposes
for which the area was set aside (see 52
FR at 28793).
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
Proposal
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Valles Caldera National Preserve was
added as a unit of the National Park
System on December 19, 2014. This unit
includes the vast majority of the caldera
itself, which is hereby proposed for
addition to the list of significant thermal
features as a single volcanic feature.
Excepted from this proposal is the
portion of the caldera (10–15%) which
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lies outside the Preserve’s western and
southern boundaries (see Figure 1). The
subsurface heat that remains of this
volcanic activity allows meteoric waters
percolating down from the surface to
become heated, which is expressed at
the surface in several places within and
in the vicinity of the caldera in the form
of hydrologic hot springs or, in dry
seasons, fumaroles or steam vents. The
Preserve contains numerous thermal
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features (single or grouped contiguous
features such as hot spring pools) in
four geographic areas containing surface
waters (Redondo Creek, Alamo Canyon,
Sulphur Creek Canyon, and San
Antonio Creek), as well as seasonal
fumaroles and acid ponds or springs.
These thermal features are also
separately proposed for inclusion to the
list as significant thermal
(hydrothermal) features.
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Figure 3. Block diagram sho\>.~ng three-dimensional low velocity seismic anomalies beneath
Valles Caldera (modified from Steck et
Note that north is to the left and the
displayed depth is from 2.0 to 39.0 km. Warmer colors indicate increasing seismic delay
(slower seismic velocity). A partially solidified magma
exists beneath the southwest
sector of the caldera at 7 to 15 lm1 depth (Aprea et al.
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Figure 2. Map of the Valles Caldera National Preserve in relation to the entire caldera and
the Jemez River Valley (San Diego Canyon), showing the boundary of the designated
signifir;mt thermal volcanic feature.
Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
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Caldera Thermal Feature
The Department proposes to list the
entirety of the caldera that lies within
Valles Caldera National Preserve as one
significant thermal feature. The
Preserve’s thermal feature is part of a
geothermal landscape that extends
beyond the Preserve’s perimeter
boundary; thermal features located
outside the Preserve’s perimeter
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boundary are not included in this
proposed designation (Fig. 2). The
magma chamber beneath the Preserve is
located under the southwest portion of
the caldera (Fig. 3), with surface
expressions of thermal features
primarily in the vicinity of Redondo
Canyon, Sulphur Creek Canyon, and
Alamo Canyon. A total of 29 geothermal
fumaroles have been mapped in these
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canyons (Fig. 4), and others may exist in
other areas of the Preserve that have not
yet been surveyed (Goff and Goff, 2017).
Currently, approximately 1⁄3 of the
Preserve has been surveyed. In addition,
a detailed geologic and hydrologic GIS
map has been developed. See https://
geoinfo.nmt.edu/repository/data/2011/
20110002/GM-79_mapsheet.pdf. (Fig.
5).
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The following significance criteria
have been analyzed and are applicable
to every component of the caldera
feature and volcanic system within the
Preserve.
(1) Size, extent, and uniqueness:
The approximately 89,000-acre
Preserve encompasses a 1.25 million
year-old dormant volcanic caldera (13.7
miles in diameter) that lies in the center
of the Jemez Mountains in northern
New Mexico. The youngest post-caldera
volcanic eruption (Banco Bonito
Rhyolite lava flow) occurred about 68
thousand years ago. The Valles Caldera
that formed 1.25 million years ago is the
younger of two calderas within the
Preserve, and lies to the southwest of
the comparably sized but now nearly
imperceptible Toledo Caldera (1.62 Ma;
Fig. 6). Each caldera produced about 95
mi3 (400 km3) of ash flow tuff
collectively known as the Bandelier
Tuff. Numerous geothermal features
occur throughout the Jemez Mountains.
The Preserve does not encompass the
entirety of the Valles Caldera depression
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itself—a portion of the northwestern
caldera lies outside the boundary of the
park unit to the west and south of the
Preserve, in the Santa Fe National
Forest. The subsurface volcanic heat
anomaly or thermal system similarly
extends outside of the park unit to the
west.
(2) Scientific and geologic
significance:
Water, steam, and soil samples from
these sites have been and continue to be
collected by scientists conducting
geothermal and planetary research, and
by scientists searching for living
organisms in extreme environments.
Because of its geologic uniqueness, NPS
staff will use this area for public
education, as the site illustrates the
exceptional geologic values of the Jemez
Mountains—sulfuric acid fumaroles and
mud pots, and chloride-bicarbonate hot
springs and cold springs—all
characteristics of geologically active
volcanic formations.
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(3) The extent to which the feature
remains in a natural, undisturbed
condition:
The San Antonio Warm Springs and
the Sulphur Springs-Alamo Canyon
areas have been moderately to
significantly disturbed by development
(recreational structures, containment
ponds, and other improvements as well
as several geothermal exploration wells
(drilled between 1970–1984), most of
which have been permanently capped
and reclaimed) that occurred prior to
federal acquisition of the Preserve in
2000; however, such alterations have
not changed the thermal regime. Other
features, such as acid ponds and
fumaroles, are undisturbed in natural
habitats. Despite some past geothermal
exploration and drilling, the caldera
itself as a volcanic feature remains
unaffected in the operation of its
volcanic thermal regime, and thus
remains in a natural, undisturbed
condition.
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(4) Significance of thermal features to
the authorized purposes for which the
park unit was created:
Valles Caldera National Preserve was
established ‘‘to protect, preserve, and
restore the fish, wildlife, watershed,
natural, scientific, scenic, geologic,
historic, cultural, archaeological, and
recreational values of the area’’ (Pub. L.
113–291, Sec. 3043(b)(1)). The caldera is
an important natural and geologic
resource, contributes to scientific
understanding of the geology of the
region, and also contributes to the other
values for which this NPS unit was
established.
Conclusion: Because the Valles
Caldera appears to meet all four criteria
as a volcanic feature, the Department
proposes to add it to the list of
significant thermal features within the
National Park System.
Hydrothermal Features
Like Yellowstone National Park,
which is also a caldera, Valles Caldera
National Preserve contains multiple
hydrothermal features that are related to
the magma source. In addition, the
dynamic nature of this area means that
additional hydrothermal features may
develop over time. The NPS therefore
proposes to list these hydrothermal
features as one significant thermal
feature. The following significance
criteria have been analyzed for each
feature listed and has been found to be
applicable to each feature within the
system.
(1) Size, extent, and uniqueness:
Size—The hydrothermal features
within the Preserve are located on
approximately 500 acres.
Extent—(a) San Antonio Warm Spring
is a single spring discharging potable
hot water at 101 °F, over which 20thcentury ranchers built an enclosed
concrete bath adjacent to a nearby cabin.
This spring is located in the northcentral portion of the Preserve adjacent
to the segment of the San Antonio Creek
within the Valle San Antonio.
(b) In addition, the Preserve has
numerous hot and cold sulfuric acid
fumaroles, particularly in the Alamo
Canyon and Redondo Canyon regions.
There are at least 29 fumaroles mapped
in the Redondo and Alamo canyon
areas; see Fig 2 and the map at: https://
geoinfo.nmt.edu/repository/data/2011/
20110002/GM-79_mapsheet.pdf. Others
may occur but have not been sampled
or surveyed.
(c) The 40-acre private inholding of
Sulphur Springs contains the highest
temperature hot springs (189 °F) in the
state of New Mexico; the Sulphur
Springs area includes at least 7
significant named hot springs, mud pots
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and fumaroles, all of which are
thermally anomalous; several other acid
springs and gas vents are cold. The
springs include such colorful
descriptive names as Kidney and
Stomach Trouble Spring, Footbath
Spring, Ladies’ Bathhouse Spring,
Laxitive [sic] Spring, Turkey Spring,
Lemonade Spring, and Electric Spring.
Some of these were historically referred
to as Main Bathhouse Spring, Sour
Spring, and Alum Spring.
(d) Valle Grande spring: The
easternmost named spring within the
Preserve is the Valle Grande Spring
(14 °C), although topographic maps
indicate numerous other surrounding
unnamed springs.
Uniqueness—These springs and
fumaroles (some of which take the form
of bubbling mudpots in wet seasons) are
indicators of subsurface thermal
processes, are unique to the region, and
are easily accessible for study and
research; there are no comparable
features in the State of New Mexico. The
only other places in the United States
that have such systems are Yellowstone
National Park in Wyoming, Montana,
and Idaho; Lassen Volcano, the Long
Valley Caldera, and The Geysers in
California, the latter two having thermal
regimes degraded by geothermal
production; and a very small system at
Dixie Valley, Nevada.
(2) Scientific and geologic
significance: Water, steam, and soil
samples from these sites have been and
continue to be collected by scientists
conducting geothermal and planetary
research, and by scientists searching for
living organisms in extreme
environments. Because of its geologic
uniqueness, NPS staff will use this area
for public education, as the site
illustrates the exceptional geologic
values of the Jemez Mountains—sulfuric
acid fumaroles, mud pots, hot springs,
cold springs—all characteristics of
geologically active volcanic formations.
(3) The extent to which the feature
remains in a natural, undisturbed
condition: San Antonio Warm Spring
has been slightly to moderately
disturbed by construction of
recreational structures such as a cabin
and a containment ponds that occurred
prior to federal acquisition of the
Preserve in 2000, but these were
constructed to support the recreational
use of the feature. However, such
alterations have not changed the
thermal regime. The overall
hydrothermal system activity and
temperature thus remains unchanged
and in a natural, undisturbed state. The
Sulphur Springs-Alamo Canyon areas
were moderately to significantly
disturbed by development (recreational
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structures, containment ponds, and
other improvements as well as several
geothermal exploration wells (drilled
between 1970–1984); however, such
alterations have not changed the
thermal regime. Other features,
including the Redondo Creek fumaroles
(steam vents in dry season and mud
pots or minor springs in wet seasons)
are undisturbed in natural habitats. The
overall hydrothermal system remains
unchanged because it was never
subjected to full-scale commercial
development.
(4) Significance of the feature to the
authorized purposes for which the unit
was created: Valles Caldera National
Preserve was established ‘‘to protect,
preserve, and restore the fish, wildlife,
watershed, natural, scientific, scenic,
geologic, historic, cultural,
archaeological, and recreational values
of the area’’ (Pub. L. 113–291, Sec.
3043(b)(1) (emphasis added)). While the
Act does not specifically refer to
hydrothermal features or their use by
the public among the criteria for which
the park unit was created, the presence
and preservation of such features as
surface expressions of the subsurface
volcanic activity is consistent with the
purposes and uses of which the park
was created. The hydrothermal features
are important geologic resources
associated with the Preserve and the
Jemez Mountains, contribute to
scientific understanding of the geology
of the region, and also contribute to the
other values for which this system unit
was established.
Conclusion: Because the
hydrothermal system at Valles Caldera
appears to meet all four criteria, the
Department proposes to add it to the list
of significant thermal features within
the National Park System.
Once designated, the NPS will
continue to work closely with the BLM
and the U.S. Forest Service to ensure
that monitoring data and other scientific
information regarding the significant
thermal features of Valles Caldera
National Preserve are incorporated into
leasing and permitting decisions.
References
Aprea, M., Hildebrande, S., Fehler, M., Steck,
L., Baldridge, W., Roberts, P, Thurber, C.,
Lutter, W., (2002). Three-dimensional
Kirchhoff migration: Imaging of the
Jemez volcanic field using teleseismic
data: Journal of Geophysical Research v.
107, p. 2247–2262.
Gardner, J.N., Goff, F., Kelley, S., and Jacobs,
E. (2010) Rhyolites and associated
deposits of the Valles-Toledo caldera
complex. New Mexico Geology, v. 32, p.
3–18.
Goff, F. (2009) Valles Caldera: A Geologic
History. University of New Mexico Press,
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28DEN1
Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
Albuquerque, New Mexico.
Goff, F., and Goff, C.J., In Press (2016–17),
Overview of the Valles Caldera (Baca)
geothermal system, New Mexico, in
(McLemore, V.T. and Timmons, S., eds.)
Energy and Mineral Resources of New
Mexico. New Mexico Bureau of Geology
and Mineral Resources, Special
Publication 13, 50 pages, with 5 tables,
1 appendix, and 40 figures.
Goff, F. (2002). ‘‘Geothermal Potential of
Valles Caldera, New Mexico.’’ GHC
Bulletin, December 2002.
Goff, F. and Grigsby, C. (1982). Valles Caldera
Geothermal Systems, New Mexico, USA.
Journal of Hydrology, 56 (1982) pp. 119–
136.
Geologic Map of the Jemez mountains, Valles
Caldera (2011). https://geoinfo.nmt.edu/
repository/data/2011/20110002/GM-79_
mapsheet.pdf. https://en.openei.org/wiki/
Valles_Caldera--Sulphur_Springs_
Geothermal_Area/#Regional Setting.
Trainer, F.W.; Rogers, R.J., and M.L. Sorey,
2000. ‘‘Geothermal Hydrology of Valles
Caldera and the Southwestern Jemez
Mountains, New Mexico.’’ U.S.
Geological Survey, Water Resources
Investigation report 00–4067, 115 pp.
www.hotspringsenthusiast.com/
newmexico.asp.
Dated: December 19, 2016.
Michael Bean,
Principal Deputy Assistant Secretary, Fish
and Wildlife and Parks.
[FR Doc. 2016–31270 Filed 12–27–16; 8:45 am]
By order of the Commission.
Issued: December 22, 2016.
Lisa R. Barton,
Secretary to the Commission.
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
BILLING CODE 7020–02–P
JUDICIAL CONFERENCE OF THE
UNITED STATES
Iron Construction Castings From
Brazil, Canada, and China
Hearings of the Judicial Conference
Advisory Committee on the Federal
Rules of Appellate Procedure
Determination
On the basis of the record 1 developed
in the subject five-year reviews, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
countervailing duty order on heavy iron
construction castings from Brazil, the
antidumping duty order on heavy iron
construction castings from Canada, and
the antidumping duty orders on iron
construction castings from Brazil and
China would be likely to lead to
continuation or recurrence of material
injury to industries in the United States
within a reasonably foreseeable time.
Advisory Committee on the
Federal Rules of Appellate Procedure,
Judicial Conference of the United States.
ACTION: Notice of cancellation of public
hearing.
AGENCY:
The following public hearing
on proposed amendments to the Federal
Rules of Appellate Procedure has been
canceled: Appellate Rules Hearing on
January 20, 2017, in Denver, Colorado.
Announcement for this meeting was
previously published in 81 FR 52713.
FOR FURTHER INFORMATION CONTACT:
Rebecca A. Womeldorf, Rules
Committee Secretary, Rules Committee
SUMMARY:
Support Office, Administrative Office of
the United States Courts, Washington,
DC 20544, telephone (202) 502–1820.
Dated: December 22, 2016.
Rebecca A. Womeldorf,
Rules Committee Secretary.
[FR Doc. 2016–31349 Filed 12–27–16; 8:45 am]
BILLING CODE 2210–55–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Bulk Manufacturer of Controlled
Substances Application: AMRI
Rensselaer, Inc.
ACTION:
Notice of application.
Registered bulk manufacturers of
the affected basic classes, and
applicants therefore, may file written
comments on or objections to the
issuance of the proposed registration in
accordance with 21 CFR 1301.33(a) on
or before February 27, 2017.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/DRW, 8701
Morrissette Drive, Springfield, Virginia
22152.
DATES:
The
Attorney General has delegated her
authority under the Controlled
Substances Act to the Administrator of
the Drug Enforcement Administration
(DEA), 28 CFR 0.100(b). Authority to
exercise all necessary functions with
respect to the promulgation and
implementation of 21 CFR part 1301,
incident to the registration of
manufacturers, distributors, dispensers,
importers, and exporters of controlled
substances (other than final orders in
connection with suspension, denial, or
revocation of registration) has been
redelegated to the Deputy Assistant
Administrator of the DEA Office of
Diversion Control (‘‘Deputy Assistant
Administrator’’) pursuant to section 7 of
28 CFR part 0, appendix to subpart R.
In accordance with 21 CFR
1301.33(a), this is notice that on
September 26, 2016, AMRI Rensselaer,
Inc., 33 Riverside Avenue, Rensselaer,
New York 12144 applied to be
registered as a bulk manufacturer of the
following basic classes of controlled
substances:
SUPPLEMENTARY INFORMATION:
[FR Doc. 2016–31335 Filed 12–27–16; 8:45 am]
[Investigation Nos. 701–TA–249 and 731–
TA–262, 263, and 265 (Fourth Review)]
sradovich on DSK3GMQ082PROD with NOTICES
Background
The Commission, pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)),
instituted these reviews on October 1,
2015 (80 FR 59192) and determined on
January 4, 2016 that it would conduct
full reviews (81 FR 1967, January 14,
2016). Notice of the scheduling of the
Commission’s reviews and of a public
hearing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register on June 23, 2016 (81 FR 40921).
The hearing was held in Washington,
DC, on October 20, 2016, and all
persons who requested the opportunity
were permitted to appear in person or
by counsel.
The Commission made these
determinations pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determinations
in these reviews on December 21, 2016.
The views of the Commission are
contained in USITC Publication 4655
(December 2016), entitled Iron
Construction Castings from Brazil,
Canada, and China: Investigation Nos.
701–TA–249 and 731–TA–262, 263, and
265 (Fourth Review).
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
VerDate Sep<11>2014
18:54 Dec 27, 2016
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E:\FR\FM\28DEN1.SGM
28DEN1
Agencies
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95632-95639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31270]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-GRD-22583; GPO Deposit Account 4311-H2]
Notice of Proposed Addition of Thermal Features Within Valles
Caldera National Preserve to the Geothermal Steam Act List of
Significant Thermal Features Within Units of the National Park System
AGENCY: National Park Service, Interior.
ACTION: Notice of proposal.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS) is publishing for public
review and comment a proposal that the Department of the Interior
(Department) designate the thermal features within Valles Caldera
National Preserve (Preserve), New Mexico, as ``significant thermal
features,'' and that they be added to the list of significant thermal
features within units of the National Park System, in accordance with
the Geothermal Steam Act (the Act), as amended. The Act requires that
those thermal features in units of the National Park System that are
determined to be significant, and included in or added to the list at
30 U.S.C. 1026, must be protected from any geothermal leasing,
exploration, development or utilization that might adversely affect
those features.
DATES: Comments must be received on or before January 27, 2017 to be
assured of receiving consideration. After considering all comments
received, the NPS will issue a final notice of the Department's
determination in the Federal Register. Copies of public comments
received in response to this Notice will be available for public review
according to the specifications of the final notice.
ADDRESSES: Submit comments to the PEPC Web site at https://parkplanning.nps.gov/vallego.
FOR FURTHER INFORMATION CONTACT: Ms. Julia F. Brunner, Policy and
Regulatory Specialist, Geologic Resources Division, National Park
Service, P.O. Box 25287, Lakewood CO 80225-0287; telephone 303-969-
2012.
SUPPLEMENTARY INFORMATION: The Geothermal Steam Act (the Act), as
amended, authorizes the Secretary of the Interior (Secretary) to issue
geothermal leases for exploration, development and utilization of
geothermal resources on available public lands administered by the
Department of the Interior, as well as on federal lands administered by
the Department of Agriculture, and on lands that have been conveyed by
the United States subject to a reservation to the United States of the
geothermal resources in those lands. 30 U.S.C. 1002. The Bureau of Land
Management (BLM) administers the geothermal program pursuant to its
regulations at 43 CFR parts 3000, 3200, and 3280. On federal lands
managed by the Agriculture Department or used for a federal water power
project, the BLM must first obtain the consent of the Secretary of
Agriculture or Secretary of Energy, respectively, before it may issue
any leases for geothermal resources underlying those lands. See 30
U.S.C. 1014(b).
The Act does not make lands administered by the NPS subject to
geothermal leasing, thereby prohibiting geothermal leasing in park
units (30 U.S.C. 1002, 1014(c)). In addition, the Valles Caldera
National Preserve has been expressly withdrawn from the operation of
the geothermal leasing laws. 16 U.S.C. 698v-11(b)(9).
The Act requires the Secretary to maintain a list of significant
thermal features within units of the National Park System (30 U.S.C.
1026(a)). For those listed significant thermal features, the Act
requires:
(1) The Secretary to maintain a monitoring program, including a
research program carried out by NPS in cooperation with the U.S.
Geological Survey (30 U.S.C. 1026(b));
(2) the Secretary to determine, on the basis of scientific
evidence, and subject to notice and public comment, whether
exploration, development, or utilization of the land subject to a lease
application would be reasonably likely to result in a significant
adverse effect on any listed feature and, if so, not to issue the lease
(30 U.S.C. 1026(c));
(3) the Secretary to determine, on the basis of scientific
evidence, whether the exploration, development, or utilization of the
land subject to a lease or drilling permit is reasonably likely to
adversely affect any listed features and, if so, to include
stipulations in the lease or drilling permit to protect those features
(30 U.S.C. 1026(d));
(4) the Secretary of Agriculture to consider the effects on
significant thermal features within units of the National Park System
in determining whether to consent to leasing on national forest lands
or other lands administered by the Department of Agriculture (30 U.S.C.
1026(e)).
The Act lists sixteen park units as having significant thermal
features, and the Act also authorizes the Secretary to add significant
thermal features within park units to the list after notice and public
comment (see 30 U.S.C. 1026(a)).
[[Page 95633]]
With regard to the proposed designation of the thermal features within
Valles Caldera, it is instructive to briefly review the earlier law and
Federal Register notices on which the provisions of the Act, which are
described above, were based.
In 1986, the Department of the Interior and Related Agencies
Appropriations Act, Pub. L. 99-591, Section 115 paragraph 2(a) (the
1986 Act) directed the Secretary to collect and publish in the Federal
Register, within 120 days, a proposed list of significant thermal
features within park units, and provided a preliminary list of 22 park
units. The 1986 Act required four criteria to be applied to each
thermal feature when making an overall determination of significance.
These four criteria were:
(1) Size, extent, and uniqueness,
(2) Scientific and geologic significance,
(3) The extent to which such features remain in a natural,
undisturbed condition, and
(4) Significance of thermal features to the authorized purposes for
which the park unit was created.
The Department designated the NPS as the lead agency to prepare and
publish the list. On February 13, 1987, as directed by the 1986 Act,
the NPS published a Notice of the Proposed List of Significant Thermal
Features within Units of the National Park System (52 FR 4700). After
receiving 23 comments on the February 1987 notice, the NPS published
the final list on August 3, 1987 (52 FR 28790), concluding that 13 park
units contained significant thermal features. The 1988 Act subsequently
listed these 13 park units, as well as three additional park units, as
containing significant thermal features (30 U.S.C. 1001(f)).
In the process of designating the significant thermal features
pursuant to the 1986 Act, the NPS defined a ``thermal feature'' broadly
as ``surface manifestations of a subsurface heat source'' (see 52 FR
29890, 28792 (Aug. 3, 1987)) or ``subsurface thermal activity'' (see 52
FR 4700, 4702 (Feb. 13, 1987)). The NPS's 1987 definition of ``thermal
feature'' encompassed not only the surface manifestations of underlying
hydrothermal systems, but also surface manifestations of volcanic
processes (see 52 FR 29890, 28792). When listing various thermal
features, the NPS categorized them as ``hydrothermal'' or ``volcanic''
to indicate the surface manifestation resulting from differing types of
subsurface thermal activity, systems or features, although this
description did not affect the significance of any particular feature
(see id.; 53 FR 4700, 4702).
More recently, the NPS has defined ``thermal resources'' as
comprising a subsurface heat source, heat conduit rock formations, and
air and/or water that circulates through the formation and may
discharge at the surface; such resources create features such as
geysers, hot springs, mudpots, fumaroles, unique/rare mineral
precipitates and formations, and hydrophilic biotic communities (NPS
Management Policies Sec. 4.8.2.3)(2006)). To be consistent with both
the 1987 and the 2006 definitions, the NPS proposes in this notice to
define ``thermal feature'' as the surface manifestation of subsurface
thermal resources, systems, or activity, and to use the words
``hydrothermal'' and ``volcanic'' as a simple description of the type
of underlying thermal activity that resulted in how the feature appears
on the earth's surface.
For the purpose of this notice, the NPS also proposes to remain
consistent with both of its 1987 interpretations of the four
significance criteria as follows:
(1) Size, extent, and uniqueness--NPS does not establish lower or
upper limits on the size or extent of a feature. Each feature is
identified according to its existing surface dimensions. For a feature
to be considered significant under this criterion, it is identified as
unique to the region, the nation, or, in some cases, the world.
(2) Scientific and geologic significance--NPS considers the feature
``significant'' when the feature has been identified as contributing to
geologic, biological, or other scientific knowledge compared with
similar features in other areas or makes a significant contribution to
the understanding of similar systems.
(3) The extent to which such features remain in a natural,
undisturbed condition--Under this criterion, no limits are established
for amount or degree of development. The feature may be significant if
it remains in a natural, relatively undisturbed condition.
Modifications or improvements may be acceptable if: The alterations
were necessary to preserve a developed feature; modifications intended
to accommodate or improve public enjoyment of the feature are judged to
be consistent or compatible with the intent of the enabling
legislation; and so long as disturbances or developments, if any, have
not affected the subsurface thermal regime.
(4) Significance of thermal features to the authorized purposes for
which the park unit was created--NPS considers features significant if
they were the basis for establishment of the unit (i.e., the feature
was specifically identified in the enabling legislation) or if they are
consistent with the statutory purposes for which the area was set aside
(see 52 FR at 28793).
[[Page 95634]]
[GRAPHIC] [TIFF OMITTED] TN28DE16.011
Proposal
Valles Caldera National Preserve was added as a unit of the
National Park System on December 19, 2014. This unit includes the vast
majority of the caldera itself, which is hereby proposed for addition
to the list of significant thermal features as a single volcanic
feature. Excepted from this proposal is the portion of the caldera (10-
15%) which lies outside the Preserve's western and southern boundaries
(see Figure 1). The subsurface heat that remains of this volcanic
activity allows meteoric waters percolating down from the surface to
become heated, which is expressed at the surface in several places
within and in the vicinity of the caldera in the form of hydrologic hot
springs or, in dry seasons, fumaroles or steam vents. The Preserve
contains numerous thermal features (single or grouped contiguous
features such as hot spring pools) in four geographic areas containing
surface waters (Redondo Creek, Alamo Canyon, Sulphur Creek Canyon, and
San Antonio Creek), as well as seasonal fumaroles and acid ponds or
springs. These thermal features are also separately proposed for
inclusion to the list as significant thermal (hydrothermal) features.
[[Page 95635]]
[GRAPHIC] [TIFF OMITTED] TN28DE16.012
[GRAPHIC] [TIFF OMITTED] TN28DE16.013
[[Page 95636]]
Caldera Thermal Feature
The Department proposes to list the entirety of the caldera that
lies within Valles Caldera National Preserve as one significant thermal
feature. The Preserve's thermal feature is part of a geothermal
landscape that extends beyond the Preserve's perimeter boundary;
thermal features located outside the Preserve's perimeter boundary are
not included in this proposed designation (Fig. 2). The magma chamber
beneath the Preserve is located under the southwest portion of the
caldera (Fig. 3), with surface expressions of thermal features
primarily in the vicinity of Redondo Canyon, Sulphur Creek Canyon, and
Alamo Canyon. A total of 29 geothermal fumaroles have been mapped in
these canyons (Fig. 4), and others may exist in other areas of the
Preserve that have not yet been surveyed (Goff and Goff, 2017).
Currently, approximately \1/3\ of the Preserve has been surveyed. In
addition, a detailed geologic and hydrologic GIS map has been
developed. See https://geoinfo.nmt.edu/repository/data/2011/20110002/GM-79_mapsheet.pdf. (Fig. 5).
[GRAPHIC] [TIFF OMITTED] TN28DE16.014
[[Page 95637]]
[GRAPHIC] [TIFF OMITTED] TN28DE16.015
The following significance criteria have been analyzed and are
applicable to every component of the caldera feature and volcanic
system within the Preserve.
(1) Size, extent, and uniqueness:
The approximately 89,000-acre Preserve encompasses a 1.25 million
year-old dormant volcanic caldera (13.7 miles in diameter) that lies in
the center of the Jemez Mountains in northern New Mexico. The youngest
post-caldera volcanic eruption (Banco Bonito Rhyolite lava flow)
occurred about 68 thousand years ago. The Valles Caldera that formed
1.25 million years ago is the younger of two calderas within the
Preserve, and lies to the southwest of the comparably sized but now
nearly imperceptible Toledo Caldera (1.62 Ma; Fig. 6). Each caldera
produced about 95 mi\3\ (400 km\3\) of ash flow tuff collectively known
as the Bandelier Tuff. Numerous geothermal features occur throughout
the Jemez Mountains. The Preserve does not encompass the entirety of
the Valles Caldera depression itself--a portion of the northwestern
caldera lies outside the boundary of the park unit to the west and
south of the Preserve, in the Santa Fe National Forest. The subsurface
volcanic heat anomaly or thermal system similarly extends outside of
the park unit to the west.
(2) Scientific and geologic significance:
Water, steam, and soil samples from these sites have been and
continue to be collected by scientists conducting geothermal and
planetary research, and by scientists searching for living organisms in
extreme environments. Because of its geologic uniqueness, NPS staff
will use this area for public education, as the site illustrates the
exceptional geologic values of the Jemez Mountains--sulfuric acid
fumaroles and mud pots, and chloride-bicarbonate hot springs and cold
springs--all characteristics of geologically active volcanic
formations.
(3) The extent to which the feature remains in a natural,
undisturbed condition:
The San Antonio Warm Springs and the Sulphur Springs-Alamo Canyon
areas have been moderately to significantly disturbed by development
(recreational structures, containment ponds, and other improvements as
well as several geothermal exploration wells (drilled between 1970-
1984), most of which have been permanently capped and reclaimed) that
occurred prior to federal acquisition of the Preserve in 2000; however,
such alterations have not changed the thermal regime. Other features,
such as acid ponds and fumaroles, are undisturbed in natural habitats.
Despite some past geothermal exploration and drilling, the caldera
itself as a volcanic feature remains unaffected in the operation of its
volcanic thermal regime, and thus remains in a natural, undisturbed
condition.
[[Page 95638]]
(4) Significance of thermal features to the authorized purposes for
which the park unit was created:
Valles Caldera National Preserve was established ``to protect,
preserve, and restore the fish, wildlife, watershed, natural,
scientific, scenic, geologic, historic, cultural, archaeological, and
recreational values of the area'' (Pub. L. 113-291, Sec. 3043(b)(1)).
The caldera is an important natural and geologic resource, contributes
to scientific understanding of the geology of the region, and also
contributes to the other values for which this NPS unit was
established.
Conclusion: Because the Valles Caldera appears to meet all four
criteria as a volcanic feature, the Department proposes to add it to
the list of significant thermal features within the National Park
System.
Hydrothermal Features
Like Yellowstone National Park, which is also a caldera, Valles
Caldera National Preserve contains multiple hydrothermal features that
are related to the magma source. In addition, the dynamic nature of
this area means that additional hydrothermal features may develop over
time. The NPS therefore proposes to list these hydrothermal features as
one significant thermal feature. The following significance criteria
have been analyzed for each feature listed and has been found to be
applicable to each feature within the system.
(1) Size, extent, and uniqueness:
Size--The hydrothermal features within the Preserve are located on
approximately 500 acres.
Extent--(a) San Antonio Warm Spring is a single spring discharging
potable hot water at 101[emsp14][deg]F, over which 20th-century
ranchers built an enclosed concrete bath adjacent to a nearby cabin.
This spring is located in the north-central portion of the Preserve
adjacent to the segment of the San Antonio Creek within the Valle San
Antonio.
(b) In addition, the Preserve has numerous hot and cold sulfuric
acid fumaroles, particularly in the Alamo Canyon and Redondo Canyon
regions. There are at least 29 fumaroles mapped in the Redondo and
Alamo canyon areas; see Fig 2 and the map at: https://geoinfo.nmt.edu/repository/data/2011/20110002/GM-79_mapsheet.pdf. Others may occur but
have not been sampled or surveyed.
(c) The 40-acre private inholding of Sulphur Springs contains the
highest temperature hot springs (189[emsp14] [deg]F) in the state of
New Mexico; the Sulphur Springs area includes at least 7 significant
named hot springs, mud pots and fumaroles, all of which are thermally
anomalous; several other acid springs and gas vents are cold. The
springs include such colorful descriptive names as Kidney and Stomach
Trouble Spring, Footbath Spring, Ladies' Bathhouse Spring, Laxitive
[sic] Spring, Turkey Spring, Lemonade Spring, and Electric Spring. Some
of these were historically referred to as Main Bathhouse Spring, Sour
Spring, and Alum Spring.
(d) Valle Grande spring: The easternmost named spring within the
Preserve is the Valle Grande Spring (14 [deg]C), although topographic
maps indicate numerous other surrounding unnamed springs.
Uniqueness--These springs and fumaroles (some of which take the
form of bubbling mudpots in wet seasons) are indicators of subsurface
thermal processes, are unique to the region, and are easily accessible
for study and research; there are no comparable features in the State
of New Mexico. The only other places in the United States that have
such systems are Yellowstone National Park in Wyoming, Montana, and
Idaho; Lassen Volcano, the Long Valley Caldera, and The Geysers in
California, the latter two having thermal regimes degraded by
geothermal production; and a very small system at Dixie Valley, Nevada.
(2) Scientific and geologic significance: Water, steam, and soil
samples from these sites have been and continue to be collected by
scientists conducting geothermal and planetary research, and by
scientists searching for living organisms in extreme environments.
Because of its geologic uniqueness, NPS staff will use this area for
public education, as the site illustrates the exceptional geologic
values of the Jemez Mountains--sulfuric acid fumaroles, mud pots, hot
springs, cold springs--all characteristics of geologically active
volcanic formations.
(3) The extent to which the feature remains in a natural,
undisturbed condition: San Antonio Warm Spring has been slightly to
moderately disturbed by construction of recreational structures such as
a cabin and a containment ponds that occurred prior to federal
acquisition of the Preserve in 2000, but these were constructed to
support the recreational use of the feature. However, such alterations
have not changed the thermal regime. The overall hydrothermal system
activity and temperature thus remains unchanged and in a natural,
undisturbed state. The Sulphur Springs-Alamo Canyon areas were
moderately to significantly disturbed by development (recreational
structures, containment ponds, and other improvements as well as
several geothermal exploration wells (drilled between 1970-1984);
however, such alterations have not changed the thermal regime. Other
features, including the Redondo Creek fumaroles (steam vents in dry
season and mud pots or minor springs in wet seasons) are undisturbed in
natural habitats. The overall hydrothermal system remains unchanged
because it was never subjected to full-scale commercial development.
(4) Significance of the feature to the authorized purposes for
which the unit was created: Valles Caldera National Preserve was
established ``to protect, preserve, and restore the fish, wildlife,
watershed, natural, scientific, scenic, geologic, historic, cultural,
archaeological, and recreational values of the area'' (Pub. L. 113-291,
Sec. 3043(b)(1) (emphasis added)). While the Act does not specifically
refer to hydrothermal features or their use by the public among the
criteria for which the park unit was created, the presence and
preservation of such features as surface expressions of the subsurface
volcanic activity is consistent with the purposes and uses of which the
park was created. The hydrothermal features are important geologic
resources associated with the Preserve and the Jemez Mountains,
contribute to scientific understanding of the geology of the region,
and also contribute to the other values for which this system unit was
established.
Conclusion: Because the hydrothermal system at Valles Caldera
appears to meet all four criteria, the Department proposes to add it to
the list of significant thermal features within the National Park
System.
Once designated, the NPS will continue to work closely with the BLM
and the U.S. Forest Service to ensure that monitoring data and other
scientific information regarding the significant thermal features of
Valles Caldera National Preserve are incorporated into leasing and
permitting decisions.
References
Aprea, M., Hildebrande, S., Fehler, M., Steck, L., Baldridge, W.,
Roberts, P, Thurber, C., Lutter, W., (2002). Three-dimensional
Kirchhoff migration: Imaging of the Jemez volcanic field using
teleseismic data: Journal of Geophysical Research v. 107, p. 2247-
2262.
Gardner, J.N., Goff, F., Kelley, S., and Jacobs, E. (2010) Rhyolites
and associated deposits of the Valles-Toledo caldera complex. New
Mexico Geology, v. 32, p. 3-18.
Goff, F. (2009) Valles Caldera: A Geologic History. University of
New Mexico Press,
[[Page 95639]]
Albuquerque, New Mexico.
Goff, F., and Goff, C.J., In Press (2016-17), Overview of the Valles
Caldera (Baca) geothermal system, New Mexico, in (McLemore, V.T. and
Timmons, S., eds.) Energy and Mineral Resources of New Mexico. New
Mexico Bureau of Geology and Mineral Resources, Special Publication
13, 50 pages, with 5 tables, 1 appendix, and 40 figures.
Goff, F. (2002). ``Geothermal Potential of Valles Caldera, New
Mexico.'' GHC Bulletin, December 2002.
Goff, F. and Grigsby, C. (1982). Valles Caldera Geothermal Systems,
New Mexico, USA. Journal of Hydrology, 56 (1982) pp. 119-136.
Geologic Map of the Jemez mountains, Valles Caldera (2011). https://geoinfo.nmt.edu/repository/data/2011/20110002/GM-79_mapsheet.pdf.
https://en.openei.org/wiki/Valles_Caldera--Sulphur_Springs_Geothermal_Area/#Regional Setting.
Trainer, F.W.; Rogers, R.J., and M.L. Sorey, 2000. ``Geothermal
Hydrology of Valles Caldera and the Southwestern Jemez Mountains,
New Mexico.'' U.S. Geological Survey, Water Resources Investigation
report 00-4067, 115 pp. www.hotspringsenthusiast.com/newmexico.asp.
Dated: December 19, 2016.
Michael Bean,
Principal Deputy Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 2016-31270 Filed 12-27-16; 8:45 am]
BILLING CODE 4312-52-P