Federal Register/Vol. 81, No. 194
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69454 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules date for a period no greater than 10 substantial number of small entities DEPARTMENT OF THE INTERIOR years from the final determination, under the Regulatory Flexibility Act (5 considering the severity of U.S.C. 601 et seq.); Fish and Wildlife Service nonattainment and the availability and • Does not contain any unfunded feasibility of pollution control measures. 50 CFR Part 17 mandate or significantly or uniquely Lastly, section 179(d) requires that the affect small governments, as described [Docket No. FWS–R4–ES–2016–0121; state submit the required SIP revision 4500030113] within 12 months after the applicable in the Unfunded Mandates Reform Act attainment date. In this case, if the EPA of 1995 (Pub. L. 104–4); RIN 1018–BB46 finalizes the proposed rule, then the • Does not have Federalism Endangered and Threatened Wildlife State of California will be required to implications as specified in Executive and Plants; Threatened Species Status submit a SIP revision that complies with Order 13132 (64 FR 43255, August 10, for Louisiana Pinesnake sections 179(d) and 189(d) within 12 1999); months of December 31, 2015, i.e., by • Is not an economically significant AGENCY: Fish and Wildlife Service, December 31, 2016. regulatory action based on health or Interior. III. Proposed Action and Request for safety risks subject to Executive Order ACTION: Proposed rule. Public Comment 13045 (62 FR 19885, April 23, 1997); SUMMARY: We, the U.S. Fish and Under CAA sections 179(c)(1) and • Is not a significant regulatory action Wildlife Service (Service), propose to 188(b)(2), the EPA proposes to subject to Executive Order 13211 (66 FR list the Louisiana pinesnake (Pituophis determine that the San Joaquin Valley 28355, May 22, 2001); ruthveni), a reptile species from ‘‘Serious’’ PM2.5 nonattainment area has • Is not subject to requirements of Louisiana and Texas, as a threatened failed to attain the 1997 annual and 24- section 12(d) of the National species under the Endangered Species hour PM standards by the applicable 2.5 Technology Transfer and Advancement Act (Act). If we finalize this rule as attainment date of December 31, 2015. Act of 1995 (15 U.S.C. 272 note) because proposed, it would extend the Act’s If finalized, the State of California will protections to this species. be required under CAA sections 179(d) application of those requirements would be inconsistent with the CAA; and DATES: We will accept comments and 189(d) to submit a revision to the received or postmarked on or before • SIP for the San Joaquin Valley that, Does not provide the EPA with the December 5, 2016. Comments submitted among other elements, demonstrates discretionary authority to address electronically using the Federal expeditious attainment of the standards disproportionate human health or eRulemaking Portal (see ADDRESSES, within the time period provided under environmental effects with practical, below) must be received by 11:59 p.m. CAA section 179(d) and that provides appropriate, and legally permissible Eastern Time on the closing date. We for annual reduction in the emissions of methods under Executive Order 12898 must receive requests for public PM2.5 or a PM2.5 plan precursor (59 FR 7629, February 16, 1994). hearings, in writing, at the address pollutant within the area of not less In addition, this proposed action does shown in FOR FURTHER INFORMATION than five percent until attainment. The CONTACT by November 21, 2016. SIP revision required under CAA not have Tribal implications as specified by Executive Order 13175 (65 ADDRESSES: You may submit comments sections 179(d) and 189(d) would be by one of the following methods: due for submittal to the EPA no later FR 67249, November 9, 2000), because the SIP obligations discussed herein do (1) Electronically: Go to the Federal than December 31, 2016. eRulemaking Portal: http:// The EPA is soliciting public not apply to Indian Tribes and thus this www.regulations.gov. In the Search box, comments on the issues discussed in proposed action will not impose enter FWS–R4–ES–2016–0121, which is this document. We will accept substantial direct costs on Tribal the docket number for this rulemaking. comments from the public on this governments or preempt Tribal law. Then, click on the Search button. On the proposal for the next 30 days. We will Nonetheless, the EPA has notified the resulting page, in the Search panel on consider these comments before taking Tribes within the San Joaquin Valley the left side of the screen, under the final action. PM2.5 nonattainment area of the Document Type heading, click on the IV. Statutory and Executive Order proposed action. Proposed Rules link to locate this Reviews List of Subjects in 40 CFR Part 52 document. You may submit a comment This proposed action in and of itself by clicking on ‘‘Comment Now!’’ establishes no new requirements; it Environmental protection, Air (2) By hard copy: Submit by U.S. mail merely documents that air quality in the pollution control, Ammonia, or hand-delivery to: Public Comments San Joaquin Valley did not meet the Incorporation by reference, Processing, Attn: FWS–R4–ES–2016– Intergovernmental relations, Nitrogen 0121, U.S. Fish and Wildlife Service, 1997 PM2.5 standards by the CAA deadline. For that reason, this proposed dioxide, Particulate matter, Reporting MS: BPHC, 5275 Leesburg Pike, Falls action: and recordkeeping requirements, Sulfur Church, VA 22041–3803. • Is not a ‘‘significant regulatory oxides, Volatile organic compounds. We request that you send comments only by the methods described above. action’’ subject to review by the Office Dated: September 23, 2016. of Management and Budget under We will post all comments on http:// Alexis Strauss, Executive Order 12866 (58 FR 51735, www.regulations.gov. This generally October 4, 1993); Acting Regional Administrator, Region IX. means that we will post any personal • Does not impose an information [FR Doc. 2016–24084 Filed 10–5–16; 8:45 am] information you provide us (see collection burden under the provisions BILLING CODE 6560–50–P Information Requested, below, for more of the Paperwork Reduction Act (44 information). U.S.C. 3501 et seq.); FOR FURTHER INFORMATION CONTACT: Brad • Is certified as not having a S. Rieck, Acting Field Supervisor, U.S. significant economic impact on a Fish and Wildlife Service, Louisiana VerDate Sep<11>2014 18:26 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules 69455 Ecological Services Office, 646 isolated, genetically compromised for the conservation of the Louisiana Cajundome Blvd., Suite 400, Lafayette, extant populations to mortality from pinesnake. LA; telephone 337–291–3101; facsimile vehicle strikes and from predators Please include sufficient information 337–291–3139. Persons who use a (Factors C and E). with your submission (such as scientific telecommunications device for the deaf We will seek peer review. We will seek journal articles or other publications) to (TDD) may call the Federal Information comments from independent specialists allow us to verify any scientific or Relay Service (FIRS) at 800–877–8339. to ensure that our designation is based commercial information you include. SUPPLEMENTARY INFORMATION: on scientifically sound data, Please note that submissions merely assumptions, and analyses. We will stating support for or opposition to the Executive Summary invite these peer reviewers to comment action under consideration without Why we need to publish a rule. Under on this listing proposal. providing supporting information, the Act, if we determine that a species although noted, will not be considered is an endangered or threatened species Information Requested in making a determination, as section throughout all or a significant portion of Public Comments 4(b)(1)(A) of the Act directs that its range, we are required to promptly determinations as to whether any We intend that any final action publish a proposed rule in the Federal species is an endangered or threatened Register and make a determination on resulting from this proposed rule will be species must be made ‘‘solely on the our proposal within 1 year. Critical based on the best scientific and basis of the best scientific and habitat shall be designated, to the commercial data available and be as commercial data available.’’ maximum extent prudent and accurate and as effective as possible. You may submit your comments and determinable, for any species Therefore, we request comments or materials concerning this proposed rule determined to be an endangered or information from other concerned by one of the methods listed in threatened species under the Act. governmental agencies, Native ADDRESSES. We request that you send Listing a species as an endangered or American tribes, the scientific comments only by the methods threatened species and designations of community, industry, or any other described in ADDRESSES. critical habitat can only be completed interested parties concerning this If you submit information via http:// by issuing a rule. We have determined proposed rule. We particularly seek www.regulations.gov, your entire that designating critical habitat for the comments concerning: submission—including any personal Louisiana pinesnake is prudent, but not (1) The Louisiana pinesnake’s biology, identifying information—will be posted determinable at this time, because the range, and population trends, including: on the Web site. If your submission is specific information sufficient to (a) Biological or ecological made via a hardcopy that includes perform the required analysis of the requirements of the species, including personal identifying information, you impacts of the designation is currently habitat requirements for feeding, may request at the top of your document lacking, such as information on areas to breeding, and sheltering; that we withhold this information from be proposed for designation and the (b) Genetics and taxonomy; public review.