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Federal Register/Vol. 86, No. 131/Tuesday, July 13, 2021

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Federal Register/Vol. 86, No. 131/Tuesday, July 13, 2021 36678 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Proposed Rules 93.101, 93.118, and 93.124). An MVEB they meet the criteria of the CAA. Dated: July 7, 2021. is defined as ‘‘that portion of the total Accordingly, this action merely Diana Esher, allowable emissions defined in the approves state law as meeting Federal Acting Regional Administrator, Region III. submitted or approved control strategy requirements and does not impose [FR Doc. 2021–14853 Filed 7–12–21; 8:45 am] implementation plan revision or additional requirements beyond those BILLING CODE 6560–50–P maintenance plan for a certain date for imposed by state law. For that reason, the purpose of meeting reasonable this proposed action: • Is not a ‘‘significant regulatory further progress milestones or DEPARTMENT OF THE INTERIOR demonstrating attainment or action’’ subject to review by the Office maintenance of the NAAQS, for any of Management and Budget under Fish and Wildlife Service criteria pollutant or its precursors, Executive Orders 12866 (58 FR 51735, allocated to highway and transit vehicle October 4, 1993) and 13563 (76 FR 3821, 50 CFR Part 17 use and emissions (40 CFR 93.101).’’ January 21, 2011); Under the conformity rule, LMP areas • Does not impose an information [Docket No. FWS–R4–ES–2020–0062; may demonstrate conformity without a collection burden under the provisions FF09E21000 FXES11110900000 212] regional emission analysis (40 CFR of the Paperwork Reduction Act (44 RIN 1018–BE55 93.109(e)). However, because LMP areas U.S.C. 3501 et seq.); are still maintenance areas, certain • Is certified as not having a Endangered and Threatened Wildlife aspects of transportation conformity significant economic impact on a and Plants; Designation of Critical determinations still will be required for substantial number of small entities Habitat for Pearl Darter transportation plans, programs, and under the Regulatory Flexibility Act (5 projects. Specifically, for such U.S.C. 601 et seq.); AGENCY: Fish and Wildlife Service, determination, RTPs, TIPs, and • Does not contain any unfunded Interior. transportation projects still will have to mandate or significantly or uniquely ACTION: Proposed rule. demonstrate that they are fiscally affect small governments, as described constrained (40 CFR 93.108), meet the in the Unfunded Mandates Reform Act SUMMARY: We, the U.S. Fish and criteria for consultation (40 CFR 93.105 of 1995 (Pub. L. 104–4); Wildlife Service (Service), propose to and 93.112) and transportation control • Does not have Federalism designate critical habitat for the pearl measure implementation in the implications as specified in Executive darter (Percina aurora) under the conformity rule provisions (40 CFR Order 13132 (64 FR 43255, August 10, Endangered Species Act of 1973 (Act), 93.113). Additionally, conformity 1999); as amended. In total, approximately 517 determinations for RTPs and TIPs must • Is not an economically significant river miles (832 river kilometers) in be determined no less frequently than regulatory action based on health or Clarke, Covington, Forrest, George, every four years, and conformity of plan safety risks subject to Executive Order Greene, Lauderdale, Jackson, Jones, and TIP amendments and transportation 13045 (62 FR 19885, April 23, 1997); Newton, Perry, Simpson, Stone, and projects is demonstrated in accordance • Is not a significant regulatory action Wayne Counties, Mississippi, fall with the timing requirements specified subject to Executive Order 13211 (66 FR within the boundaries of the proposed in 40 CFR 93.104. In addition, for 28355, May 22, 2001); critical habitat designation. If we projects to be approved, they must come • Is not subject to requirements of finalize this rule as proposed, it would from a currently conforming RTP and section 12(d) of the National extend the Act’s protections to this TIP (40 CFR 93.114 and 93.115). The Technology Transfer and Advancement species’ critical habitat. We also Greene County Area remains under the Act of 1995 (15 U.S.C. 272 note) because announce the availability of a draft obligation to meet the applicable application of those requirements would economic analysis of the proposed conformity requirements for the 1997 be inconsistent with the CAA; and designation. • ozone NAAQS. Does not provide EPA with the DATES: We will accept comments on the discretionary authority to address, as III. Proposed Action proposed rule or draft economic appropriate, disproportionate human analysis that are received or postmarked EPA’s review of PADEP’s February 25, health or environmental effects, using on or before September 13, 2021. 2020 submittal indicates that it meets all practicable and legally permissible Comments submitted electronically applicable CAA requirements, methods, under Executive Order 12898 using the Federal eRulemaking Portal specifically the requirements of section (59 FR 7629, February 16, 1994). (see ADDRESSES, below) must be In addition, this proposed 175A. EPA is proposing to approve the received by 11:59 p.m. Eastern Time on rulemaking, proposing approval of second maintenance plan for the Greene the closing date. We must receive Pennsylvania’s second maintenance County Area as a revision to the requests for public hearings, in writing, plan for the Greene County Area, does Pennsylvania SIP. EPA is soliciting at the address shown in FOR FURTHER not have tribal implications as specified public comments on the issues INFORMATION CONTACT by August 27, by Executive Order 13175 (65 FR 67249, discussed in this document. These 2021. comments will be considered before November 9, 2000), because the SIP is taking final action. not approved to apply in Indian country ADDRESSES: You may submit comments located in the State, and EPA notes that on the proposed rule or draft economic IV. Statutory and Executive Order it will not impose substantial direct analysis by one of the following Reviews costs on tribal governments or preempt methods: Under the CAA, the Administrator is tribal law. (1) Electronically: Go to the Federal required to approve a SIP submission eRulemaking Portal: http:// that complies with the provisions of the List of Subjects in 40 CFR Part 52 www.regulations.gov. In the Search box, CAA and applicable Federal regulations. Environmental protection, Air enter FWS–R4–ES–2020–0062, which is 42 U.S.C. 7410(k); 40 CFR 52.02(a). pollution control, Incorporation by the docket number for this rulemaking. Thus, in reviewing SIP submissions reference, Nitrogen dioxide, Ozone, Then, click on the Search button. On the EPA’s role is to approve state choices if Volatile organic compounds. resulting page, in the Search panel on VerDate Sep<11>2014 17:03 Jul 12, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\13JYP1.SGM 13JYP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Proposed Rules 36679 the left side of the screen, under the of the Interior (Secretary) to designate habitat’’ under section 4 of the Act (16 Document Type heading, check the critical habitat to the maximum extent U.S.C. 1531 et seq.), including Proposed Rule box to locate this prudent and determinable for species information to inform the following document. You may submit a comment listed as endangered or threatened factors that the regulations identify as by clicking on ‘‘Comment Now!’’ species. Section 3(5)(A) of the Act reasons why designation of critical (2) By hard copy: Submit by U.S. mail defines critical habitat as (i) the specific habitat may not be prudent: to: Public Comments Processing, Attn: areas within the geographical area (a) The species is threatened by taking FWS–R4–ES–2020–0062, U.S. Fish and occupied by the species, at the time it or other human activity and Wildlife Service, MS: PRB/3W, 5275 is listed, on which are found those identification of critical habitat can be Leesburg Pike, Falls Church, VA 22041– physical or biological features (I) expected to increase the degree of such 3803. essential to the conservation of the threat to the species; We request that you send comments species and (II) which may require (b) The present or threatened only by the methods described above. special management considerations or destruction, modification, or We will post all comments on http:// protection; and (ii) specific areas curtailment of a species’ habitat or range www.regulations.gov. This generally outside the geographical area occupied is not a threat to the species, or threats means that we will post any personal by the species at the time it is listed, to the species’ habitat stem solely from information you provide us (see upon a determination by the Secretary causes that cannot be addressed through Information Requested, below, for more that such areas are essential for the management actions resulting from information). conservation of the species. Section consultations under section 7(a)(2) of Document availability: The draft 4(b)(2) of the Act states that the the Act; economic analysis is available at http:// Secretary must make the designation on (c) Areas within the jurisdiction of the www.fws.gov/mississippiES/, at http:// the basis of the best available scientific United States provide no more than www.regulations.gov under Docket No. data after taking into consideration the negligible conservation value, if any, for FWS–R4–ES–2020–0062. economic impact, the impact on a species occurring primarily outside The coordinates or plot points or both national security, and any other relevant from which the maps are generated are the jurisdiction of the United States; or impacts of specifying any particular area (d) No areas meet the definition of included in the administrative record as critical habitat. for this critical habitat designation and critical habitat. Economic impacts. In accordance (2) Specific information on: are available at http://www.fws.gov/ with section 4(b)(2) of the Act, we (a) The amount and distribution of the mississippiES/, at http:// prepared an analysis of the economic pearl darter’s habitat; www.regulations.gov under Docket No.
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