Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-Billed Cuckoo (Coccyzus americanus), 71373-71375 [2014-28330]

Download as PDF mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Proposed Rules Program (TIP) are consistent with the motor vehicle emission budget (MVEB) contained in the control strategy SIP revision or maintenance plan (40 CFR 93.101, 93.118, and 93.124). A MVEB is defined as the level of mobile source emissions of a pollutant relied upon in the attainment or maintenance demonstration to attain or maintain compliance with the NAAQS in the nonattainment or maintenance area.12 Under the LMP policy, emissions budgets are treated as essentially not constraining for the length of the maintenance period. While EPA’s LMP guidance does not exempt an area from the need to affirm conformity, it explains that the area may demonstrate conformity without submitting a MVEB. This is because it is unreasonable to expect that an LMP area will experience so much growth in that period that a violation of the CO NAAQS would result.13 Therefore, for the Billings CO maintenance area, all actions that require conformity determinations for CO under our conformity rule provisions are considered to have already satisfied the regional emissions analysis and ‘‘budget test’’ requirements in 40 CFR 93.118. Since LMP areas are still maintenance areas, certain aspects of transportation conformity determinations still will be required for transportation plans, programs and projects. Specifically, for such determinations, RTPs, TIPs and projects must still demonstrate that they are fiscally constrained (40 CFR 93.108) and meet the criteria for consultation and Transportation Control Measure implementation in the conformity rule provisions (40 CFR 93.112 and 40 CFR 93.113, respectively). In addition, projects in LMP areas still will be required to meet the applicable criteria for CO hot spot analyses to satisfy ‘‘project level’’ conformity determinations (40 CFR 93.116 and 40 CFR 93.123), which must also incorporate the latest planning assumptions and models available (40 CFR 93.110 and 40 CFR 93.111, respectively). In view of the CO LMP policy, the effect of this proposed approval will be to affirm our adequacy finding such that no regional emissions analyses for future transportation CO conformity determinations are required for the CO LMP period and beyond (as per EPA’s CO LMP policy and 40 CFR 93.109(e)). 12 Further information concerning EPA’s interpretations regarding MVEBs can be found in the preamble to EPA’s November 24, 1993, transportation conformity rule (see 58 FR 62193— 62196). 13 Limited Maintenance Plan Guidance at 4. October 6, 1995. VerDate Sep<11>2014 16:20 Dec 01, 2014 Jkt 235001 V. Proposed Action EPA is proposing to approve the revised Billings Maintenance Plan submitted on July 13, 2011. This maintenance plan meets the applicable CAA requirements and EPA has determined it is sufficient to provide for maintenance of the CO NAAQS over the course of the second 10-year maintenance period out to 2022. EPA is also proposing to approve the State’s Alternative Monitoring Strategy for the Billings CO maintenance area. We do not propose to approve application of the Alternative Monitoring Strategy in other areas of Montana with this action, as the Alternative Monitoring Strategy must be considered on a case-by-case basis specific to the circumstances of each particular CO maintenance area rather than broadly. VI. Statutory and Executive Orders Review Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act 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 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 (Public Law 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); PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 71373 • 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 Clean Air Act; 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 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: November 10, 2014. Shaun L. McGrath, Regional Administrator, Region 8. [FR Doc. 2014–28390 Filed 12–1–14; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8–ES–2013–0011; 4500030114] RIN 1018–AZ44 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Western Distinct Population Segment of the YellowBilled Cuckoo (Coccyzus americanus) Fish and Wildlife Service, Interior. ACTION: Proposed rule; notice of public hearing. AGENCY: On August 15, 2014, we, the U.S. Fish and Wildlife Service (Service), announced a proposal to designate critical habitat for the western distinct population segment of the yellow-billed cuckoo (western yellow-billed cuckoo) under the Endangered Species Act of 1973, as amended (Act). On November 12, 2014, the public comment period SUMMARY: E:\FR\FM\02DEP1.SGM 02DEP1 71374 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Proposed Rules was reopened for an additional 60 days until January 12, 2015. We now announce a public hearing in California. The public hearing will provide an opportunity for the public to provide comments and testimony on the proposed designation of critical habitat for the western yellow-billed cuckoo. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule. We request that comments on this proposal be submitted by the close of business on January 12, 2015. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. Public Hearing: We will hold a public hearing on the proposed critical habitat rule on December 18, 2014; see ADDRESSES for location: • Sacramento, CA: Public Hearing from 2 p.m. to 4 p.m. Registration to present oral comments on the proposed designation at the public hearing will begin at 1:30 p.m. prior to the start of the hearing. ADDRESSES: Document availability: You may obtain a copy of the proposed rule, economics screening memo, and incremental effects memo on the Internet at http://www.regulations.gov at Docket No. FWS–R8–ES–2013–0011, or contact the U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT), or by mail from U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Public Hearing: The public hearing will be located in: Sacramento, California—Double Tree Inn, 2001 Point West Way, Sacramento, CA 95815. Comment Submission: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http:// www.regulations.gov. In the Search box, enter FWS–R8–ES–2013–0011, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rule link to locate the document. You may submit a comment by clicking on ‘‘Comment Now!’’ (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R8–ES–2013– 0011; Division of Policy and Directives Management; U.S. Fish & Wildlife mstockstill on DSK4VPTVN1PROD with PROPOSALS DATES: VerDate Sep<11>2014 17:18 Dec 01, 2014 Jkt 235001 Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041–3803. We request that you send comments only by the methods described above. We will post all comments on http:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the Information Requested section below for more information). FOR FURTHER INFORMATION CONTACT: For information about the proposed designation, contact Jennifer Norris, Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, W–2605, Sacramento, California 95825; by telephone 916–414–6600; or by facsimile 916–414–6712. Information is also available at the Sacramento Fish and Wildlife Office Web site at http:// www.fws.gov/sacramento. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Background On August 15, 2014, we published in the Federal Register a proposed rule to designate critical habitat for the western distinct population segment (DPS) of the yellow-billed cuckoo (western yellowbilled cuckoo) (Coccyzus americanus) under the Endangered Species Act (79 FR 48548). In total, approximately 546,335 acres (221,094 hectares) are being proposed for designation as critical habitat in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Texas, Utah, and Wyoming for the western yellow-billed cuckoo under the Act. During the public comment period, we received requests to hold a public hearing on the proposed designation. On November 12, 2014, we published in the Federal Register a notice reopening the comment period on the proposed critical habitat designation until January 12, 2015 (79 FR 67154). Information Requested We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other concerned Federal and State agencies, the scientific community, or any other interested party concerning the proposed critical habitat designation. Please see the Information Requested section of the August 15, 2014, proposed critical habitat rule for a list of the comments PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 that we particularly seek (79 FR 48548– 48549). For more background on our proposed designation, see the August 15, 2014, Federal Register (79 FR 48548). The proposed rule is available at the Federal eRulemaking Portal at http:// www.regulations.gov or the Sacramento Fish and Wildlife Office at http:// www.fws.gov/sacramento (see ADDRESSES). If you previously submitted comments or information on the proposed rule, please do not resubmit them. We have incorporated them into the public record, and we will fully consider them in our final rulemaking. Our final determination concerning this proposed rulemaking will take into consideration all written comments and any additional information we receive. Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered or threatened species must be made ‘‘solely on the basis of the best scientific and commercial data available.’’ You may submit your comments and materials concerning the proposed rule by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES. If you submit information via http:// www.regulations.gov, your entire submission—including any personal identifying information—will be posted on the Web site. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on http://www.regulations.gov. Please include sufficient information with your comments to allow us to verify any scientific or commercial information you include. Comments and materials we receive, as well as supporting documentation we used in preparing the proposed designation, will be available for public inspection on http:// www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). E:\FR\FM\02DEP1.SGM 02DEP1 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Proposed Rules Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: November 20, 2014. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2014–28330 Filed 12–1–14; 8:45 am] mstockstill on DSK4VPTVN1PROD with PROPOSALS BILLING CODE 4310–55–P VerDate Sep<11>2014 17:18 Dec 01, 2014 Jkt 235001 PO 00000 Frm 00013 Fmt 4702 Sfmt 9990 E:\FR\FM\02DEP1.SGM 02DEP1 71375

Agencies

[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Proposed Rules]
[Pages 71373-71375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28330]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2013-0011; 4500030114]
RIN 1018-AZ44


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Western Distinct Population Segment of the 
Yellow-Billed Cuckoo (Coccyzus americanus)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of public hearing.

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SUMMARY: On August 15, 2014, we, the U.S. Fish and Wildlife Service 
(Service), announced a proposal to designate critical habitat for the 
western distinct population segment of the yellow-billed cuckoo 
(western yellow-billed cuckoo) under the Endangered Species Act of 
1973, as amended (Act). On November 12, 2014, the public comment period

[[Page 71374]]

was reopened for an additional 60 days until January 12, 2015. We now 
announce a public hearing in California. The public hearing will 
provide an opportunity for the public to provide comments and testimony 
on the proposed designation of critical habitat for the western yellow-
billed cuckoo. Comments previously submitted need not be resubmitted, 
as they will be fully considered in preparation of the final rule.

DATES: We request that comments on this proposal be submitted by the 
close of business on January 12, 2015. Comments submitted 
electronically using the Federal eRulemaking Portal (see ADDRESSES, 
below) must be received by 11:59 p.m. Eastern Time on the closing date.
    Public Hearing: We will hold a public hearing on the proposed 
critical habitat rule on December 18, 2014; see ADDRESSES for location:
     Sacramento, CA: Public Hearing from 2 p.m. to 4 p.m. 
Registration to present oral comments on the proposed designation at 
the public hearing will begin at 1:30 p.m. prior to the start of the 
hearing.

ADDRESSES: Document availability: You may obtain a copy of the proposed 
rule, economics screening memo, and incremental effects memo on the 
Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2013-
0011, or contact the U.S. Fish and Wildlife Service, Sacramento Fish 
and Wildlife Office (see FOR FURTHER INFORMATION CONTACT), or by mail 
from U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife 
Office (see FOR FURTHER INFORMATION CONTACT).
    Public Hearing: The public hearing will be located in: Sacramento, 
California--Double Tree Inn, 2001 Point West Way, Sacramento, CA 95815.
    Comment Submission: You may submit comments by one of the following 
methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R8-ES-2013-0011, 
which is the docket number for this rulemaking. Then, in the Search 
panel on the left side of the screen, under the Document Type heading, 
click on the Proposed Rule link to locate the document. You may submit 
a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R8-ES-2013-0011; Division of Policy and 
Directives Management; U.S. Fish & Wildlife Headquarters, MS: BPHC, 
5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Information Requested section below for more information).

FOR FURTHER INFORMATION CONTACT: For information about the proposed 
designation, contact Jennifer Norris, Field Supervisor, U.S. Fish and 
Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage 
Way, W-2605, Sacramento, California 95825; by telephone 916-414-6600; 
or by facsimile 916-414-6712. Information is also available at the 
Sacramento Fish and Wildlife Office Web site at http://www.fws.gov/sacramento. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION: 

Background

    On August 15, 2014, we published in the Federal Register a proposed 
rule to designate critical habitat for the western distinct population 
segment (DPS) of the yellow-billed cuckoo (western yellow-billed 
cuckoo) (Coccyzus americanus) under the Endangered Species Act (79 FR 
48548). In total, approximately 546,335 acres (221,094 hectares) are 
being proposed for designation as critical habitat in Arizona, 
California, Colorado, Idaho, Nevada, New Mexico, Texas, Utah, and 
Wyoming for the western yellow-billed cuckoo under the Act. During the 
public comment period, we received requests to hold a public hearing on 
the proposed designation. On November 12, 2014, we published in the 
Federal Register a notice reopening the comment period on the proposed 
critical habitat designation until January 12, 2015 (79 FR 67154).

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other concerned Federal and State 
agencies, the scientific community, or any other interested party 
concerning the proposed critical habitat designation. Please see the 
Information Requested section of the August 15, 2014, proposed critical 
habitat rule for a list of the comments that we particularly seek (79 
FR 48548-48549).
    For more background on our proposed designation, see the August 15, 
2014, Federal Register (79 FR 48548). The proposed rule is available at 
the Federal eRulemaking Portal at http://www.regulations.gov or the 
Sacramento Fish and Wildlife Office at http://www.fws.gov/sacramento 
(see ADDRESSES).
    If you previously submitted comments or information on the proposed 
rule, please do not resubmit them. We have incorporated them into the 
public record, and we will fully consider them in our final rulemaking. 
Our final determination concerning this proposed rulemaking will take 
into consideration all written comments and any additional information 
we receive.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is an endangered or threatened 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
Web site. If your submission is made via a hardcopy that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy submissions on http://www.regulations.gov. Please include 
sufficient information with your comments to allow us to verify any 
scientific or commercial information you include.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed designation, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Sacramento Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).

[[Page 71375]]

Authority

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

    Dated: November 20, 2014.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2014-28330 Filed 12-1-14; 8:45 am]
BILLING CODE 4310-55-P