Rules of Practice in Air Safety Proceedings, 63438-63439 [2013-25156]
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63438
Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules
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the 2010 SO2 NAAQS. This submittal
addressed the following infrastructure
elements: section 110(a)(2)(A), (B), (C),
(D), (E), (F), (G), (H), (J), (K), (L), and
(M).
EPA has analyzed the above identified
submittal and is proposing to make a
determination that such submittal meets
the requirements of section 110(a)(2)(A),
(B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M) of the CAA, with
the exception of the part D, Title I
nonattainment planning requirements of
section 110(a)(2)(I) and the portion of
the submittal relating to section
110(a)(2)(D)(i)(I) on which EPA will take
separate action. A detailed summary of
EPA’s review and rationale for
approving Delaware’s submittal may be
found in the Technical Support
Document (TSD) for this action which is
available on line at
www.regulations.gov, Docket ID Number
EPA–R03–OAR–2013–0492.
This proposed rulemaking action does
not include section 110(a)(2)(I) which
pertains to the nonattainment planning
requirements of part D, Title I of the
CAA, because this element is not
required to be submitted by the 3-year
submission deadline of section 110(a)(1)
of the CAA, and will be addressed in a
separate process. This proposed
rulemaking action also does not address
section 110(a)(2)(D)(i)(I) of the CAA. In
accordance with the decision of the U.S.
Court of Appeals for the District of
Columbia (D.C. Circuit Court), EPA at
this time is not treating the
110(a)(2)(D)(i)(I) SIP submission from
Delaware as a required SIP submission.
See EME Homer City Generation, L.P. v.
EPA, 696 F .3d 7 (D.C. Cir. 2012), cert.
granted, 2013 U.S. Lexis 4801 (2013).
On June 24, 2013, the Supreme Court
granted the petitions of the United
States and others and agreed to review
this D.C. Circuit Court decision.
However, at this time the D.C. Circuit
Court decision remains in place and
unless it is reversed or otherwise
modified by the Supreme Court, states
are not required to submit
110(a)(2)(D)(i)(I) SIPs until EPA has
quantified their obligations under that
section. EPA will address the portion of
Delaware’s May 29, 2013 SIP submittal
addressing section 110(a)(2)(D)(i)(I) in a
separate action.
III. Proposed Action
EPA is proposing to approve
Delaware’s submittal that provides the
basic program elements specified in
section 110(a)(2)(A), (B), (C), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M), necessary to implement, maintain,
and enforce the 2010 SO2 NAAQS, with
the exception of the part D, Title I
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16:41 Oct 23, 2013
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nonattainment planning requirements of
section 110(a)(2)(I) and the portion of
the submittal relating to section
110(a)(2)(D)(i)(I) on which EPA will take
separate action. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub.L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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In addition, this proposed rule,
pertaining to Delaware’s section
110(a)(2) infrastructure requirements for
the 2010 SO2 NAAQS, does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Sulfur oxides,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 24, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013–25063 Filed 10–23–13; 8:45 am]
BILLING CODE 6560–50–P
NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Part 821
[Docket No. NTSB–GC–2011–0001]
Rules of Practice in Air Safety
Proceedings
National Transportation Safety
Board (NTSB or Board).
ACTION: Notice of proposed rulemaking;
reopening of comment period.
AGENCY:
The NTSB amends the
comment deadline for a Notice of
Proposed Rulemaking (NPRM)
published on September 19, 2013. The
proposed change in the NPRM would
require the Federal Aviation
Administration (FAA) to provide
releasable portions of the enforcement
investigative report (EIR) to each
respondent in emergency cases.
DATES: The comment period for the
proposed rule published September 19,
2013, at 78 FR 57602, is reopened.
Comments must be submitted by
November 6, 2013.
ADDRESSES: A copy of the NPRM,
published in the Federal Register (FR),
is available for inspection and copying
in the NTSB’s public reading room,
located at 490 L’Enfant Plaza SW.,
Washington, DC 20594–2003.
Alternatively, a copy is available on the
government-wide Web site on
regulations at https://
www.regulations.gov (Docket ID Number
NTSB–GC–2011–0001).
SUMMARY:
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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
David Tochen, General Counsel, (202)
314–6080.
SUPPLEMENTARY INFORMATION: On
September 19, 2013, the NTSB
published an NPRM and a Final Rule,
finalizing changes to various sections of
49 CFR part 821, as a result of the Pilot’s
Bill of Rights. 78 FR 57602 (NPRM); 78
FR 57527 (Final Rule). In the NPRM, the
NTSB proposed requiring the release of
the EIR in emergency cases proceeding
under subpart I of the NTSB’s rules.
On October 1, 2013, the NTSB ceased
normal agency operations due to a lapse
in funding. The NTSB did not resume
normal agency activities until October
17, 2013. As a result, the NTSB believes
it is prudent to extend the October 21
deadline for comments on the NPRM.
The NTSB will now consider all
comments submitted by the end of the
day on November 6, 2013; comments
received after the deadline will be
considered to the extent they do not
affect the progress of this rulemaking.
Deborah A.P. Hersman,
Chairman.
[FR Doc. 2013–25156 Filed 10–22–13; 4:15 pm]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 130716626–3805–01]
RIN 0648—BD51
Endangered and Threatened Species:
Designation of a Nonessential
Experimental Population of Upper
Columbia Spring-Run Chinook Salmon
in the Okanogan River Subbasin,
Washington, and Protective
Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; open comment
period; notice of availability.
AGENCY:
We, the National Marine
Fisheries Service (NMFS), propose a
rule to designate and authorize the
release of a nonessential experimental
population (NEP) of Upper Columbia
River spring-run (UCR) Chinook salmon
(Oncorhynchus tshawytscha) under
section 10(j) of the Endangered Species
Act (ESA) in the Okanogan River
subbasin, and to establish a limited set
of take prohibitions for the NEP. Under
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SUMMARY:
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the proposed rule, the geographic
boundary for the NEP would be the
mainstem and all tributaries of the
Okanogan River between the CanadaUnited States border and to the
confluence of the Okanogan River with
the Columbia River, Washington
(hereafter ‘‘Okanogan River NEP Area’’).
We have prepared a draft environmental
assessment (EA) on this proposed
action. We seek comment on both this
proposed rule and the EA (see
ADDRESSES section below).
DATES: To allow us adequate time to
consider your comments on this
proposed rule, they must be received no
later than December 9, 2013. Comments
on the EA must be received by
December 9, 2013. One public meeting
will be held at which the public can
make comments on the draft EA and
proposed rule. The meeting will be at
Koala Street Grill, banquet room, 914
Koala Avenue, Omak, WA, 98841, on
November 5 from 5:30 p.m. to 7:30 p.m.
ADDRESSES: You may submit comments
on this proposed rule, identified by
NOAA–NMFS–2013–0140, by any of the
following methods:
• Electronic submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130140, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Chief, Protected Resources Division,
NMFS, 1201 NE. Lloyd Blvd.-Suite
1100, Portland, OR 97232.
• Fax: (503) 230–5441.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are part of the public record
and will generally be posted to https://
www.regulations.gov without change.
All personal identifying information
(e.g., name, address), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe PDF file formats
only.
You may access a copy of the draft EA
by one of the following:
• Visit NMFS’ Reintroduction Web
site at: https://
www.westcoast.fisheries.noaa.gov/
protected_species/salmon_steelhead/
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63439
salmon_and_steelhead_listings/
chinook/upper_columbia_river_spring_
run/upper_columbia_river_spring_run_
chinook.html.
• Call (503) 736–4721 and request to
have a CD or hard copy mailed to you.
• Obtain a CD or hard copy by
visiting NMFS, 1201 NE. Lloyd Blvd.
Suite 1100, Portland, OR 97232.
Please see the draft EA for additional
information regarding commenting on
that document.
FOR FURTHER INFORMATION CONTACT:
Garth Griffin, NMFS, Northwest Region,
Portland, OR (503–231–2005) or
Dwayne Meadows, NMFS, Office of
Protected Resources, Silver Spring, MD
20910 (301–427–8403).
SUPPLEMENTARY INFORMATION:
Background Information Relevant to
Experimental Population Designation
The UCR Chinook salmon
evolutionarily significant unit (ESU) is
listed as an endangered species under
the ESA (16 U.S.C. 1531 et seq.). NMFS
first designated the UCR Chinook
salmon ESU as endangered on March
24, 1999 (64 FR 14308), reaffirmed this
status on June 28, 2005 (70 FR 37160),
and maintained its endangered status
after the ESU’s 5-year review (76 FR
50448, August 15, 2011). ‘‘Take’’ of the
species is prohibited by section 9 of the
ESA under most circumstances as
defined in the ESA.
The listed ESU currently includes all
naturally spawned populations of
spring-run Chinook salmon in
accessible reaches of Columbia River
tributaries between Rock Island and
Chief Joseph Dams, excluding the
Okanogan River.1 Listed spring-run
Chinook salmon from this ESU
currently spawn in three river subbasins
in eastern Washington: The Methow,
Entiat and Wenatchee. A fourth
population historically inhabited the
Okanogan River subbasin, but was
extirpated in the 1930s because of
overfishing, hydropower development,
and habitat degradation (NMFS 2007).
The listed UCR Chinook salmon ESU
also includes six artificial propagation
programs: The Twisp River, Chewuch
River, Methow Composite, Winthrop
National Fish Hatchery, Chiwawa River,
and White River spring Chinook salmon
hatchery programs.
On October 9, 2007, we adopted a
final recovery plan for the UCR Chinook
salmon ESU (72 FR 57303). The
1 The Okanogan River is a major tributary of the
upper Columbia River, entering the Columbia River
between Wells and Chief Joseph Dams. The
majority of the Okanogan River subbasin is in
Canada (74 percent) with the remainder in
Washington State (26 percent).
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]]>Agencies
[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Proposed Rules]
[Pages 63438-63439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25156]
=======================================================================
-----------------------------------------------------------------------
NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 821
[Docket No. NTSB-GC-2011-0001]
Rules of Practice in Air Safety Proceedings
AGENCY: National Transportation Safety Board (NTSB or Board).
ACTION: Notice of proposed rulemaking; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: The NTSB amends the comment deadline for a Notice of Proposed
Rulemaking (NPRM) published on September 19, 2013. The proposed change
in the NPRM would require the Federal Aviation Administration (FAA) to
provide releasable portions of the enforcement investigative report
(EIR) to each respondent in emergency cases.
DATES: The comment period for the proposed rule published September 19,
2013, at 78 FR 57602, is reopened. Comments must be submitted by
November 6, 2013.
ADDRESSES: A copy of the NPRM, published in the Federal Register (FR),
is available for inspection and copying in the NTSB's public reading
room, located at 490 L'Enfant Plaza SW., Washington, DC 20594-2003.
Alternatively, a copy is available on the government-wide Web site on
regulations at https://www.regulations.gov (Docket ID Number NTSB-GC-
2011-0001).
[[Page 63439]]
FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202)
314-6080.
SUPPLEMENTARY INFORMATION: On September 19, 2013, the NTSB published an
NPRM and a Final Rule, finalizing changes to various sections of 49 CFR
part 821, as a result of the Pilot's Bill of Rights. 78 FR 57602
(NPRM); 78 FR 57527 (Final Rule). In the NPRM, the NTSB proposed
requiring the release of the EIR in emergency cases proceeding under
subpart I of the NTSB's rules.
On October 1, 2013, the NTSB ceased normal agency operations due to
a lapse in funding. The NTSB did not resume normal agency activities
until October 17, 2013. As a result, the NTSB believes it is prudent to
extend the October 21 deadline for comments on the NPRM. The NTSB will
now consider all comments submitted by the end of the day on November
6, 2013; comments received after the deadline will be considered to the
extent they do not affect the progress of this rulemaking.
Deborah A.P. Hersman,
Chairman.
[FR Doc. 2013-25156 Filed 10-22-13; 4:15 pm]
BILLING CODE P
