Technical Amendments to Inadvertent Errors in Air Quality Designations for Fine Particles, Ozone, Lead, Nitrogen Dioxide and Sulfur Dioxide, 25555-25558 [2014-09271]
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Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed Rules
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
that the Martinsburg Area has attained
the 1997 annual PM2.5 NAAQS and will
continue to attain the standard. Final
approval of this redesignation request
would change the designation of the
West Virginia portion of the
Martinsburg Area from nonattainment to
attainment for the 1997 PM2.5 annual
NAAQS. EPA is also proposing to
approve the associated maintenance
plan for the Area submitted on August
5, 2013, as a revision to the West
Virginia SIP because it meets the
requirements of section 175A of the
CAA as described previously in this
rulemaking notice. In addition, EPA is
proposing to approve the 2007 base year
emissions inventory as meeting the
requirement of section 172(a)(3) of the
CAA. Furthermore, EPA is proposing to
approve the 2017 and 2025 PM2.5 and
NOX MVEBs submitted by West Virginia
for Berkeley County for transportation
purposes. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
VII. 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
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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).
In addition, this rule proposing to
approve West Virginia’s redesignation
request, maintenance plan, 2007 base
year emissions inventory, and MVEBs
for transportation conformity purposes
for the West Virginia portion of the
Martinsburg Area for the 1997 annual
PM2.5 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, PM2.5,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 16, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014–10212 Filed 5–2–14; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2013–0802; FRL 9909–23–
OAR]
RIN 2060–AS15
Technical Amendments to Inadvertent
Errors in Air Quality Designations for
Fine Particles, Ozone, Lead, Nitrogen
Dioxide and Sulfur Dioxide
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
This action proposes
technical amendments to address
several minor, inadvertent and
nonsubstantive errors in the regulatory
text establishing the air quality
designations for certain areas in
fourteen states for the 1997 Fine
Particles (PM2.5) National Ambient Air
Quality Standard (NAAQS), the 2008
Ozone NAAQS, the 2008 Lead NAAQS,
the 2010 Nitrogen Dioxide (NO2)
NAAQS and the 2010 Sulfur Dioxide
(SO2) NAAQS. The states are: Alabama,
Florida, Georgia, Idaho, Indiana, Iowa,
Minnesota, Missouri, North Carolina,
Ohio, Oregon, Tennessee, Washington
and Wisconsin. This action does not
propose to change the designation for
any area. In the ‘‘Rules’’ section of this
Federal Register, we are making the
same technical amendments as a direct
final rule without a prior proposed rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule.
DATES: Comments must be received on
or before June 4, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2013–0802, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Email: a-and-r-Docket@
epamail.epa.gov, Attention Docket ID
No. EPA–HQ–OAR–2013–0802.
• Fax: (202) 566–1541, Attention
Docket ID No. EPA–HQ–OAR–2013–
0802.
• Mail: Docket ID No. EPA–HQ–
OAR–2013–0802, Environmental
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
U.S. Environmental Protection Agency,
1301 Constitution Avenue NW., Room:
3334, Mail Code: 6102T, Washington,
DC 20460, Attention Docket ID No.
EPA–HQ–OAR–2013–0802. Such
SUMMARY:
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Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed Rules
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–OAR–2013–
0802. The Environmental Protection
Agency (EPA)’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes 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 www.regulations.gov,
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov,
your email 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, the 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 the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the 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. Send or deliver
information identified as CBI only to the
following address: Roberto Morales,
OAQPS Document Control Officer
(C404–02), U.S. EPA, Research Triangle
Park, NC 27711, Attention Docket ID
No. EPA–HQ–OAR–2013–0802.
For additional information about the
EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the index at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
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the EPA’s Docket Center, Public Reading
Room, William Jefferson Clinton West
Building, Room 3334, 1301 Constitution
Avenue NW., Washington, DC 20004.
This Docket Center is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the Air Docket
is (202) 566–1742.
Documents related to the affected
designations are available in the
following dockets:
Designations for the 1997 PM2.5
NAAQS: Docket ID No. EPA–HQ–
OAR–2003–0061;
Designations for the 2008 Ozone
NAAQS: Docket ID No. EPA–HQ–
OAR–2008–0476;
Designations for the 2008 Lead NAAQS:
Docket ID No. EPA–HQ–OAR–2009–
0443;
Designations for the 2010 NO2 NAAQS:
Docket ID No. EPA–HQ–OAR–2011–
0572; and
Designations for the 2010 SO2 NAAQS:
Docket ID No. EPA–HQ–OAR–2012–
0233.
In addition, the EPA has established
Web sites for the designation
rulemakings at: https://www.epa.gov/
pmdesignations/, https://www.epa.gov/
ozonedesignations, https://www.epa.gov/
leaddesignations/, https://www.epa.gov/
no2designations/ and https://
www.epa.gov/so2designations.
FOR FURTHER INFORMATION CONTACT:
Carla Oldham, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code C539–04, Research Triangle Park,
NC 27711, phone number (919) 541–
3347 or by email at: oldham.carla@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Why is the EPA issuing this proposed
rule?
Whenever the EPA establishes a new
NAAQS, section 107(d) of the Clean Air
Act requires the EPA to designate all
areas of the country as meeting or not
meeting the new NAAQS, or as
unclassifiable where available
information does not support a
determination whether an area is
meeting the NAAQS. The area
designations and boundaries for each
NAAQS are set forth in tables in the
Code of Federal Regulations (CFR) at 40
CFR part 81. This action proposes
technical amendments to minor,
inadvertent and nonsubstantive errors
in the 40 CFR part 81 regulatory text
concerning the air quality designations
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for certain areas in fourteen states for
the 1997 PM2.5 NAAQS, the 2008 Ozone
NAAQS, the 2008 Lead NAAQS, the
2010 NO2 NAAQS and the 2010 SO2
NAAQS. These states are: Alabama,
Florida, Georgia, Idaho, Indiana, Iowa,
Minnesota, Missouri, North Carolina,
Ohio, Oregon, Tennessee, Washington
and Wisconsin. This action does not
propose to change the designation for
any area.
We are publishing a direct final rule
in the ‘‘Rules’’ section of this Federal
Register because we view this as a
noncontroversial action and anticipate
no adverse comment. We explain our
reasons for this action in the preamble
to the direct final rule. The regulatory
text for the proposal is identical to that
for the direct final rule published in
‘‘Rules’’ section of this Federal Register.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment, we will publish a timely
notice in the Federal Register to
withdraw the direct final rule or
portions thereof. The portions that are
not withdrawn will become effective on
the date identified in the direct final
rule, notwithstanding adverse comment
on any other portion. We would address
all public comments in any subsequent
final rule based on this proposed rule.
We do not intend to provide a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information, please see the information
provided in the ADDRESSEES section of
this document.
B. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this
proposal will be available on the World
Wide Web. Following signature by the
EPA Administrator, a copy of this action
will be posted on the EPA’s Web site
www.epa.gov/ttn/oarpg/new.html.
C. What should I consider as I prepare
my comments for EPA?
Submitting CBI: Do not submit this
information to the EPA through
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to the EPA, mark the outside
of the disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
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Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed Rules
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2. Send or deliver
information identified as CBI only to the
following address: Roberto Morales,
OAQPS Document Control Officer
(C404–02), U.S. EPA, Research Triangle
Park, NC 27711, Attention Docket ID
No. EPA–HQ–OAR–2013–0802.
Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
CFR part or section number.
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• Provide specific examples to
illustrate your concerns and suggest
alternatives.
• Explain your views as clearly as
possible.
• Make sure to submit your
comments by the comment period
deadline identified.
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations and small governmental
jurisdictions. For purposes of assessing
the impacts of today’s rule on small
entities, small entity is defined as: (1) A
small business as defined by the Small
Business Administration’s regulations at
13 CFR 121.201;’’ (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s proposed rule on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. This action proposes technical
amendments to address several minor,
inadvertent and nonsubstantive errors
in the regulatory text concerning the air
quality designations for certain areas in
prior designation actions and does not
impose any requirements on small
entities.
II. Statutory and Executive Order
Reviews
D. Unfunded Mandates Reform Act
(UMRA)
This action contains no federal
mandate under the provisions of Title II
of the UMRA of 1995, 2 U.S.C. 1531–
1538 for state, local or tribal
governments or the private sector. The
action does not propose an enforceable
duty on any state, local or tribal
governments or the private sector.
Therefore, this action is not subject to
the requirements of sections 202 and
205 of the UMRA.
This action is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. This
action corrects minor, inadvertent and
nonsubstantive errors in prior area
designations
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action proposes technical
amendments to minor, inadvertent and
nonsubstantive errors in prior area
designations. This type of action is
exempt from review under Executive
Orders 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January
21, 2011).
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
B. Paperwork Reduction Act
This action does not propose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. Burden is
defined at 5 CFR 1320.3(b). This action
proposes to correct minor, inadvertent
and nonsubstantive errors in prior area
designations and does not require any
party to perform an information
collection.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
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E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
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Executive Order 13132. This action
proposes technical amendments to
minor, inadvertent and nonsubstantive
errors in prior area designations. Thus,
Executive Order 13132 does not apply
to this action. In spirit of Executive
Order 13132, and consistent with the
EPA policy to promote communications
between the EPA and state and local
governments, the EPA specifically
solicits comment on this proposed
action from state and local officials.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). This action only proposes
technical amendments to minor,
inadvertent and nonsubstantive errors
in prior area designations. Thus,
Executive Order 13175 does not apply
to this action.
The EPA specifically solicits
additional comment on this proposed
action from tribal officials.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This action is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA of 1995,
Public Law No. 104–113, section 12(d)
(15 U.S.C. 272 note) directs the EPA to
use voluntary consensus standards
(VCS) in its regulatory activities unless
to do so would be inconsistent with
applicable law or otherwise
impracticable. VCS are technical
standards (e.g., materials specifications,
test methods, sampling procedures and
business practices) that are developed or
adopted by VCS bodies. The NTTAA
directs the EPA to provide Congress,
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Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Proposed Rules
through the Office of Management and
Budget, explanations when the agency
decides not to use available and
applicable VCS. This action does not
involve technical standards. Therefore,
the EPA did not consider the use of any
VCS.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies and activities on minority
populations and low-income
populations in the U.S.
The EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. This action proposes
technical amendments to minor,
inadvertent, nonsubstantive errors in
the designations for certain areas.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: April 15, 2014.
Gina McCarthy,
Administrator.
[FR Doc. 2014–09271 Filed 5–2–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 14–54; RM–11698; DA 14–
460]
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Radio Broadcasting Services;
Toquerville, Utah
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This document requests
comments on a Petition for Rule Making
filed by JER Licenses, LLC, winning
bidder in Auction 93 for Channel 281C3
at Peach Spring, Arizona. The petition
SUMMARY:
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proposes the substitution of Channel
246C for vacant Channel 280C at
Toquerville, Utah to accommodate the
hybrid application requesting the
downgrade of the new FM station, from
Channel 281C3 to Chanel 280A at Peach
Springs, Arizona. A staff engineering
analysis indicates that Channel 246C
can be allotted to Toquerville, Utah
consistent with the minimum distance
separation requirements of the
Commission’s Rules with a site
restriction located 46.7 kilometers (29
miles) northeast of Toquerville. The
reference coordinates are 37–34–28 NL
and 112–56–33 WL.
DATES: Comments must be filed on or
before May 26, 2014, and reply
comments on or before June 10, 2014.
ADDRESSES: Secretary, Federal
Communications Commission, 445 12th
Street SW., Washington, DC 20554. In
addition to filing comments with the
FCC, interested parties should serve the
petitioner as follows: A. Wray Fitch III,
Esq, Gammon & Grange, P.C., 8280
Greensboro Drive, 7th Floor, McLean,
Virginia 22102–3807.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
14–54, adopted April 3, 2014, and
released April 4, 2014. The full text of
this Commission decision is available
for inspection and copying during
normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 12th Street SW.,
Washington, DC 20554. This document
may also be purchased from the
Commission’s duplicating contractors,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or via email
www.BCPIWEB.com. This document
does not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of l980 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rule Making is issued until the matter
is no longer subject to Commission
consideration or court review, all ex
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parte contacts are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1204(b) for rules
governing permissible ex parte contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
Part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336 and
339.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Utah, is amended by
removing, Channel 280C at Toquerville;
and by adding Channel 246C at
Toquerville.
■
[FR Doc. 2014–10124 Filed 5–2–14; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–BD98
Fisheries of the Exclusive Economic
Zone Off Alaska; Groundfish of the
Gulf of Alaska; Groundfish of the
Bering Sea and Aleutian Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendments; request
for comments.
AGENCY:
The North Pacific Fishery
Management Council (Council)
submitted Amendment 100 to the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(BSAI FMP) and Amendment 91 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska (GOA
SUMMARY:
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Agencies
[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Proposed Rules]
[Pages 25555-25558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09271]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2013-0802; FRL 9909-23-OAR]
RIN 2060-AS15
Technical Amendments to Inadvertent Errors in Air Quality
Designations for Fine Particles, Ozone, Lead, Nitrogen Dioxide and
Sulfur Dioxide
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes technical amendments to address several
minor, inadvertent and nonsubstantive errors in the regulatory text
establishing the air quality designations for certain areas in fourteen
states for the 1997 Fine Particles (PM2.5) National Ambient
Air Quality Standard (NAAQS), the 2008 Ozone NAAQS, the 2008 Lead
NAAQS, the 2010 Nitrogen Dioxide (NO2) NAAQS and the 2010
Sulfur Dioxide (SO2) NAAQS. The states are: Alabama,
Florida, Georgia, Idaho, Indiana, Iowa, Minnesota, Missouri, North
Carolina, Ohio, Oregon, Tennessee, Washington and Wisconsin. This
action does not propose to change the designation for any area. In the
``Rules'' section of this Federal Register, we are making the same
technical amendments as a direct final rule without a prior proposed
rule. If we receive no adverse comment, we will not take further action
on this proposed rule.
DATES: Comments must be received on or before June 4, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0802, by one of the following methods:
www.regulations.gov. Follow the on-line instructions for
submitting comments.
Email: a-and-r-Docket@epamail.epa.gov, Attention Docket ID
No. EPA-HQ-OAR-2013-0802.
Fax: (202) 566-1541, Attention Docket ID No. EPA-HQ-OAR-
2013-0802.
Mail: Docket ID No. EPA-HQ-OAR-2013-0802, Environmental
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
Hand Delivery: EPA Docket Center, U.S. Environmental
Protection Agency, 1301 Constitution Avenue NW., Room: 3334, Mail Code:
6102T, Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2013-
0802. Such
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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-OAR-
2013-0802. The Environmental Protection Agency (EPA)'s policy is that
all comments received will be included in the public docket without
change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes 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 www.regulations.gov, or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means the EPA will not know your identity or contact information unless
you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through www.regulations.gov,
your email 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, the 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 the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the 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. Send or
deliver information identified as CBI only to the following address:
Roberto Morales, OAQPS Document Control Officer (C404-02), U.S. EPA,
Research Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-
2013-0802.
For additional information about the EPA's public docket, visit the
EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the index at
https://www.regulations.gov. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy at the EPA's Docket Center, Public
Reading Room, William Jefferson Clinton West Building, Room 3334, 1301
Constitution Avenue NW., Washington, DC 20004. This Docket Center is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.
Documents related to the affected designations are available in the
following dockets:
Designations for the 1997 PM2.5 NAAQS: Docket ID No. EPA-HQ-
OAR-2003-0061;
Designations for the 2008 Ozone NAAQS: Docket ID No. EPA-HQ-OAR-2008-
0476;
Designations for the 2008 Lead NAAQS: Docket ID No. EPA-HQ-OAR-2009-
0443;
Designations for the 2010 NO2 NAAQS: Docket ID No. EPA-HQ-
OAR-2011-0572; and
Designations for the 2010 SO2 NAAQS: Docket ID No. EPA-HQ-
OAR-2012-0233.
In addition, the EPA has established Web sites for the designation
rulemakings at: https://www.epa.gov/pmdesignations/, https://www.epa.gov/ozonedesignations, https://www.epa.gov/leaddesignations/, https://www.epa.gov/no2designations/ and https://www.epa.gov/so2designations.
FOR FURTHER INFORMATION CONTACT: Carla Oldham, Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Mail Code
C539-04, Research Triangle Park, NC 27711, phone number (919) 541-3347
or by email at: oldham.carla@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Why is the EPA issuing this proposed rule?
Whenever the EPA establishes a new NAAQS, section 107(d) of the
Clean Air Act requires the EPA to designate all areas of the country as
meeting or not meeting the new NAAQS, or as unclassifiable where
available information does not support a determination whether an area
is meeting the NAAQS. The area designations and boundaries for each
NAAQS are set forth in tables in the Code of Federal Regulations (CFR)
at 40 CFR part 81. This action proposes technical amendments to minor,
inadvertent and nonsubstantive errors in the 40 CFR part 81 regulatory
text concerning the air quality designations for certain areas in
fourteen states for the 1997 PM2.5 NAAQS, the 2008 Ozone
NAAQS, the 2008 Lead NAAQS, the 2010 NO2 NAAQS and the 2010
SO2 NAAQS. These states are: Alabama, Florida, Georgia,
Idaho, Indiana, Iowa, Minnesota, Missouri, North Carolina, Ohio,
Oregon, Tennessee, Washington and Wisconsin. This action does not
propose to change the designation for any area.
We are publishing a direct final rule in the ``Rules'' section of
this Federal Register because we view this as a noncontroversial action
and anticipate no adverse comment. We explain our reasons for this
action in the preamble to the direct final rule. The regulatory text
for the proposal is identical to that for the direct final rule
published in ``Rules'' section of this Federal Register.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will publish a
timely notice in the Federal Register to withdraw the direct final rule
or portions thereof. The portions that are not withdrawn will become
effective on the date identified in the direct final rule,
notwithstanding adverse comment on any other portion. We would address
all public comments in any subsequent final rule based on this proposed
rule. We do not intend to provide a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSEES section of this document.
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this proposal will be available on the World Wide Web. Following
signature by the EPA Administrator, a copy of this action will be
posted on the EPA's Web site www.epa.gov/ttn/oarpg/new.html.
C. What should I consider as I prepare my comments for EPA?
Submitting CBI: Do not submit this information to the EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not
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contain the information claimed as CBI must be submitted for inclusion
in the public docket. Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2. Send
or deliver information identified as CBI only to the following address:
Roberto Morales, OAQPS Document Control Officer (C404-02), U.S. EPA,
Research Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-
2013-0802.
Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a CFR part or
section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
Provide specific examples to illustrate your concerns and
suggest alternatives.
Explain your views as clearly as possible.
Make sure to submit your comments by the comment period
deadline identified.
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action proposes technical amendments to minor, inadvertent and
nonsubstantive errors in prior area designations. This type of action
is exempt from review under Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not propose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This action proposes to correct
minor, inadvertent and nonsubstantive errors in prior area designations
and does not require any party to perform an information collection.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations and small governmental jurisdictions. For purposes
of assessing the impacts of today's rule on small entities, small
entity is defined as: (1) A small business as defined by the Small
Business Administration's regulations at 13 CFR 121.201;'' (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
proposes technical amendments to address several minor, inadvertent and
nonsubstantive errors in the regulatory text concerning the air quality
designations for certain areas in prior designation actions and does
not impose any requirements on small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action contains no federal mandate under the provisions of
Title II of the UMRA of 1995, 2 U.S.C. 1531-1538 for state, local or
tribal governments or the private sector. The action does not propose
an enforceable duty on any state, local or tribal governments or the
private sector. Therefore, this action is not subject to the
requirements of sections 202 and 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action
corrects minor, inadvertent and nonsubstantive errors in prior area
designations
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action proposes technical
amendments to minor, inadvertent and nonsubstantive errors in prior
area designations. Thus, Executive Order 13132 does not apply to this
action. In spirit of Executive Order 13132, and consistent with the EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicits comment on this proposed
action from state and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action only
proposes technical amendments to minor, inadvertent and nonsubstantive
errors in prior area designations. Thus, Executive Order 13175 does not
apply to this action.
The EPA specifically solicits additional comment on this proposed
action from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA of 1995, Public Law No. 104-113, section
12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary consensus
standards (VCS) in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impracticable. VCS are
technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs the EPA to provide Congress,
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through the Office of Management and Budget, explanations when the
agency decides not to use available and applicable VCS. This action
does not involve technical standards. Therefore, the EPA did not
consider the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the U.S.
The EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action proposes technical amendments to minor,
inadvertent, nonsubstantive errors in the designations for certain
areas.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: April 15, 2014.
Gina McCarthy,
Administrator.
[FR Doc. 2014-09271 Filed 5-2-14; 8:45 am]
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