Proposed Flood Elevation Determinations for Yellow Medicine County, Minnesota (and Incorporated Areas), 37610-37611 [2019-16410]
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Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Proposed Rules
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Virginia’s Immunity law, Va. Code
Sec. 10.1–1199, provides that ‘‘[t]o the
extent consistent with requirements
imposed by Federal law,’’ any person
making a voluntary disclosure of
information to a state agency regarding
a violation of an environmental statute,
regulation, permit, or administrative
order is granted immunity from
administrative or civil penalty. The
Attorney General’s January 12, 1998
opinion states that the quoted language
renders this statute inapplicable to
enforcement of any Federally authorized
programs, since ‘‘no immunity could be
afforded from administrative, civil, or
criminal penalties because granting
such immunity would not be consistent
with Federal law, which is one of the
criteria for immunity.’’
Therefore, EPA has determined that
Virginia’s Privilege and Immunity
statutes will not preclude the
Commonwealth from enforcing its
program consistent with the Federal
requirements. In any event, because
EPA has also determined that a state
audit privilege and immunity law can
affect only state enforcement and cannot
have any impact on Federal
enforcement authorities, EPA may at
any time invoke its authority under the
CAA, including, for example, sections
113, 167, 205, 211 or 213, to enforce the
requirements or prohibitions of the state
plan, independently of any state
enforcement effort. In addition, citizen
enforcement under section 304 of the
CAA is likewise unaffected by this, or
any, state audit privilege or immunity
law.
V. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
three Federally enforceable permits,
each addressing NOX and or VOC RACT
under the 2008 ozone NAAQS for a
major NOX and/or VOC source, as
discussed in section II of this preamble.
EPA has made, and will continue to
make, these materials generally
available through https://
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. 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.
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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 approves 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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).
The SIP is not approved to apply on
any Indian reservation land as defined
in 18 U.S.C. 1151 or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the proposed rule, addressing
source-specific RACT under the 2008
ozone NAAQS for Northern Virginia,
does not have tribal implications and
will not impose substantial direct costs
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on tribal governments or preempt tribal
law as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
In addition, this proposed rule,
addressing source-specific RACT under
the 2008 ozone NAAQS for Northern
Virginia, 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, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 23, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2019–16439 Filed 7–31–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2019–0002; Internal
Agency Docket No. FEMA–P–7669]
Proposed Flood Elevation
Determinations for Yellow Medicine
County, Minnesota (and Incorporated
Areas)
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule; withdrawal.
AGENCY:
The Federal Emergency
Management Agency (FEMA) is
withdrawing its proposed rule
concerning proposed flood elevation
determinations for Yellow Medicine
County, Minnesota (and Incorporated
Areas).
DATES: This withdrawal is effective on
August 1, 2019.
ADDRESSES: You may submit comments,
identified by Docket No. FEMA–P–7669,
to Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and
Mitigation Administration, FEMA, 400
C Street SW, Washington, DC 20472,
(202) 646–7659, or (email)
patrick.sacbibit@fema.dhs.gov.
FOR FURTHER INFORMATION CONTACT: Rick
Sacbibit, Chief, Engineering Services
SUMMARY:
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Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Proposed Rules
Branch, Federal Insurance and
Mitigation Administration, FEMA, 400
C Street SW, Washington, DC 20472,
(202) 646–7659, or (email)
patrick.sacbibit@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: On
February 4, 2005, FEMA published a
proposed rule at 70 FR 5949–5953,
proposing flood elevation
determinations for Yellow Medicine
County, Minnesota (and Incorporated
Areas). FEMA is withdrawing the
proposed rule because FEMA has or will
be issuing a Revised Preliminary Flood
Insurance Rate Map, and if necessary a
Flood Insurance Study report, featuring
updated flood hazard information. A
Notice of Proposed Flood Hazard
Determinations will be published in the
Federal Register and in the affected
community’s local newspaper following
issuance of the Revised Preliminary
Flood Insurance Rate Map.
Authority: 42 U.S.C. 4104; 44 CFR 67.4.
Michael M. Grimm,
Assistant Administrator for Risk
Management, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2019–16410 Filed 7–31–19; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BI96
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery of the Gulf of Mexico;
Amendment 18
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability (NOA);
request for comments.
AGENCY:
The Gulf of Mexico (Gulf)
Fishery Management Council (Council)
has submitted Amendment 18 to the
Fishery Management Plan (FMP) for the
Shrimp Fishery of the Gulf of Mexico,
U.S. Waters (Amendment 18) for review,
approval, and implementation by
NMFS. If approved by the Secretary of
Commerce, Amendment 18 would
modify the target reduction goal for
juvenile red snapper mortality in the
Federal Gulf shrimp trawl fishery in the
10–30 fathom depth zone, and would
modify the FMP management measures
framework procedure. The purposes of
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SUMMARY:
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Amendment 18 are to promote
economic stability, to achieve optimum
yield in the Federal Gulf shrimp fishery
by reducing effort constraints, and to
equitably distribute the benefits from
red snapper rebuilding, while
continuing to protect, the Gulf red
snapper stock.
DATES: Written comments must be
received on or before September 30,
2019.
You may submit comments
on Amendment 18, identified by
‘‘NOAA–NMFS–2019–0045,’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190045, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Frank Helies, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
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 a part of the public record
and will generally be posted for public
viewing on 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. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 18,
which includes a fishery impact
statement, a Regulatory Flexibility Act
(RFA) analysis, and a regulatory impact
review, may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-18-modifying-shrimp-effortthreshold.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Frank Helies, telephone: 727–824–5305,
or email: Frank.Helies@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any FMP or FMP amendment to
NMFS for review, and approval, partial
approval, or disapproval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving an FMP or
amendment, publish an announcement
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37611
in the Federal Register notifying the
public that the FMP or amendment is
available for review and comment.
The Council prepared the FMP being
revised by Amendment 18, and if
approved, Amendment 18 would be
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
Background
The 2005 Southeast Data, Assessment,
and Review (SEDAR) 7 stock assessment
for Gulf red snapper identified bycatch
of red snapper by the Gulf shrimp
fishery as a primary factor affecting the
recovery of the stock (SEDAR 7 2005).
The assessment indicated a need to
reduce the red snapper bycatch
mortality attributed to shrimp trawls by
74 percent, compared to levels of effort
and mortality experienced during the
baseline 2001–2003 period.
To end overfishing of red snapper and
rebuild the stock by 2032 in compliance
with the rebuilding plan, the Council
developed Amendment 14 to the FMP to
cap shrimp fishing effort in statistical
zones 10–21 in 10–30 fathom (18.29 m–
54.86 m) depth zone of the western Gulf
(i.e., the area monitored for juvenile red
snapper bycatch). The reduction goal for
juvenile red snapper mortality was
linked to a reduction in shrimp fishing
effort of 74 percent below fishing effort
during the baseline 2001–2003 period.
The final rule for implementing this
reduction published on January 29,
2008 (73 FR 5117). Consistent with
Amendment 14, NMFS reduced the
threshold level to 67 percent of the
baseline in 2011. Amendment 14 also
stated that the target reduction goal
should decrease to 60 percent (i.e.,
shrimp effort could increase) by 2032
(the final year of the red snapper
rebuilding plan); however, the
framework procedure to implement this
reduction was never established by the
Council.
The Gulf shrimp fishery has not
exceeded the allowable threshold effort
levels established in Amendment 14.
Since the early 2000s, the Gulf shrimp
fishery has experienced economic
losses, primarily as a result of high fuel
costs and reduced sales prices caused by
competition with imported shrimp.
These economic losses have resulted in
the reduction in the number of vessels
within the fishery, and consequently, a
reduction in commercial effort, when
compared to historical levels.
Through Amendment 13 to the FMP,
the Council took additional steps in
2006 to cap shrimp fishing effort in
response to increased levels of bycatch
of species including red snapper
through establishment of the Federal
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Agencies
[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Proposed Rules]
[Pages 37610-37611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16410]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket ID FEMA-2019-0002; Internal Agency Docket No. FEMA-P-7669]
Proposed Flood Elevation Determinations for Yellow Medicine
County, Minnesota (and Incorporated Areas)
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The Federal Emergency Management Agency (FEMA) is withdrawing
its proposed rule concerning proposed flood elevation determinations
for Yellow Medicine County, Minnesota (and Incorporated Areas).
DATES: This withdrawal is effective on August 1, 2019.
ADDRESSES: You may submit comments, identified by Docket No. FEMA-P-
7669, to Rick Sacbibit, Chief, Engineering Services Branch, Federal
Insurance and Mitigation Administration, FEMA, 400 C Street SW,
Washington, DC 20472, (202) 646-7659, or (email)
[email protected].
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services
[[Page 37611]]
Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C
Street SW, Washington, DC 20472, (202) 646-7659, or (email)
[email protected].
SUPPLEMENTARY INFORMATION: On February 4, 2005, FEMA published a
proposed rule at 70 FR 5949-5953, proposing flood elevation
determinations for Yellow Medicine County, Minnesota (and Incorporated
Areas). FEMA is withdrawing the proposed rule because FEMA has or will
be issuing a Revised Preliminary Flood Insurance Rate Map, and if
necessary a Flood Insurance Study report, featuring updated flood
hazard information. A Notice of Proposed Flood Hazard Determinations
will be published in the Federal Register and in the affected
community's local newspaper following issuance of the Revised
Preliminary Flood Insurance Rate Map.
Authority: 42 U.S.C. 4104; 44 CFR 67.4.
Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2019-16410 Filed 7-31-19; 8:45 am]
BILLING CODE 9110-12-P