Federal Register/Vol. 85, No. 80/Friday, April 24, 2020/Proposed
Total Page：16
File Type：pdf, Size：1020Kb
Federal Register / Vol. 85, No. 80 / Friday, April 24, 2020 / Proposed Rules 22977 under FOR FURTHER INFORMATION requested that the EPA stay the 19. Written comments submitted by CONTACT. designation rule as it applies to the mail will be delayed and no hand Electronic Access to This Document: Uinta Basin, Utah area, pending deliveries will be accepted. Our Docket The official version of this document is reconsideration. The EPA carefully Center staff will continue to provide the document published in the Federal considered the petition and supporting remote customer service via email, Register. You may access the official information, along with information phone, and webform. For further edition of the Federal Register and the contained in the rulemaking docket, in information and updates on EPA Docket Code of Federal Regulations at reaching its decision on the petition. Center services, please visit us online at www.govinfo.gov. At this site you can The EPA denied the petition for https://www.epa.gov/dockets. view this document, as well as all other reconsideration in a letter to the The EPA continues to carefully and documents of this Department petitioner and the letter has been continuously monitor information from published in the Federal Register, in included in the rulemaking docket. The the Centers for Disease Control and text or Portable Document Format letter explains the EPA’s basis for the Prevention, local area health (PDF). To use PDF you must have denial. Because the EPA denied the departments, and our Federal partners Adobe Acrobat Reader, which is reconsideration request, the EPA also so we can respond rapidly as conditions available free at the site. denied the stay request. change regarding COVID–19. You may also access documents of the DATES: April 24, 2020. In addition, the EPA has established Department published in the Federal ADDRESSES: Office of Air Quality a website for the ozone designations Register by using the article search Planning and Standards, U.S. rulemakings at: http://www.epa.gov/ feature at www.federalregister.gov. Environmental Protection Agency, Mail ozone-designations. This Federal Specifically, through the advanced Code C539–04, Research Triangle Park, Register notice, the petition for search feature at this site, you can limit NC 27711. reconsideration, and the response letter denying the petition are also available your search to documents published by FOR FURTHER INFORMATION CONTACT: the Department. Carla Oldham, Office of Air Quality on this website along with other information relevant to the designation Mark Schultz, Planning and Standards, U.S. Environmental Protection Agency, Mail process. Commissioner, Rehabilitation Services Administration. Delegated the authority to Code C539–04, Research Triangle Park, II. Judicial Review perform the functions and duties of the NC 27711, phone number (919) 541– Section 307(b)(1) of the CAA indicates Assistant Secretary for the Office of Special 3347 or by email at: oldham.carla@ which Federal Courts of Appeal have Education and Rehabilitative Services. epa.gov. venue for petitions of review of final [FR Doc. 2020–08554 Filed 4–23–20; 8:45 am] SUPPLEMENTARY INFORMATION: actions by the EPA. This section BILLING CODE 4000–01–P I. Where can I get copies of this provides, in part, that petitions for document and other related review must be filed in the Court of information? Appeals for the District of Columbia ENVIRONMENTAL PROTECTION Circuit: (i) When the agency action AGENCY This Federal Register notice, the consists of ‘‘nationally applicable 1 petition for reconsideration, and the regulations promulgated, or final actions 40 CFR Part 81 response letter to the petitioner are taken, by the Administrator,’’ or (ii) available in the docket that the EPA when such action is locally or regionally [EPA–HQ–OAR–2017–0548; FRL–10007–89– established for the rulemakings to OAR] applicable, if ‘‘such action is based on promulgate the air quality designations a determination of nationwide scope or for the 2015 ozone standards, under Additional Air Quality Designations for effect and if in taking such action the Docket ID No. EPA–HQ–OAR–2017– the 2015 Ozone National Ambient Air Administrator finds and publishes that 0548. such action is based on such a Quality Standards: Notice of Action All documents in the docket are listed determination.’’ Denying Petition for Reconsideration in the index at http:// of Uinta Basin, Utah Designation The EPA’s action is a denial of an www.regulations.gov. Although listed in administrative petition requesting AGENCY: Environmental Protection the index, some information is not reconsideration of an aspect of a Agency (EPA). publicly available, i.e., Confidential nationally applicable action, Business Information or other ACTION: Notice of action denying ‘‘Additional Air Quality Designations petition for reconsideration. information whose disclosure is for the 2015 Ozone National Ambient restricted by statute. Certain other Air Quality Standards,’’ that is currently SUMMARY: The Environmental Protection material, such as copyrighted material, being challenged in the Court of Agency (EPA) is providing notice that it is not placed on the internet and will be Appeals for the District of Columbia has responded to a petition for publicly available only in hard copy Circuit.2 To the extent a court finds the reconsideration of a rule published in form. The EPA is temporarily EPA’s action denying the administrative the Federal Register on June 4, 2018 suspending its Docket Center and petition to be locally or regionally titled, ‘‘Additional Air Quality Reading Room for public visitors to applicable, the EPA finds that the action Designations for the 2015 Ozone reduce the risk of transmitting COVID– is based on a determination of National Ambient Air Quality ‘‘nationwide scope or effect’’ within the Standards,’’ that promulgated initial 1 Although the petitioner framed its request under Clean Air Act (CAA) section 307(d)(7)(B), that meaning of CAA section 307(b)(1). The ozone air quality designations for provision is not applicable here because the Agency action addresses an administrative certain areas in the United States. The action at issue was not promulgated under CAA petition for the EPA to reconsider its August 3, 2018, petition, submitted on section 307(d). Therefore, we are responding to the previous action that designated 51 behalf of Patel Industrial Park, requested request as a petition to revise or modify the EPA’s final rule under the Administrative Procedure Act. nonattainment areas, 1 unclassifiable that the EPA reconsider the Use of the term ‘‘petition for reconsideration’’ nonattainment designation for the Uinta throughout this notice is solely to reflect the 2 Clean Wisconsin v. EPA, No. 18–1203 (D.C. Cir., Basin, Utah area. The petition also language used by the petitioner. August 1, 2018). VerDate Sep<11>2014 16:06 Apr 23, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\24APP1.SGM 24APP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 22978 Federal Register / Vol. 85, No. 80 / Friday, April 24, 2020 / Proposed Rules area, and numerous attainment/ to 5 p.m., eastern daylight time, on June operations in participant hospitals unclassifiable areas located in 32 states 23, 2020. during the public health emergency and the District of Columbia and 11 ADDRESSES: You may submit comments (PHE) for the COVID–19 pandemic so federal judicial circuits. This final as outlined in the February 24, 2020 that we do not create any additional action is also based on a common core proposed rule (85 FR 10516). Please disruptions to the standard care of factual findings and analyses choose only one method listed. procedures hospitals have in place concerning the interaction between the FOR FURTHER INFORMATION CONTACT: during this challenging time, EPA’s June 4, 2018, ozone designations Bobbie Knickman, (410) 786–4161. implementing a 3-month extension of rulemaking and the EPA’s Exceptional Heather Holsey, (410) 786–0028. CJR Performance Year 5, such that the Event Rule, titled, ‘‘Treatment of Data SUPPLEMENTARY INFORMATION: end of Performance Year 5 is changed Influenced by Exceptional Events’’ (81 Inspection of Public Comments: All from December 31, 2020 to March 31, FR 68216, October 3, 2016). comments received before the close of For these reasons, the action is 2021. Additionally, the April 6, 2020 the comment period shall be made nationally applicable or, alternatively, IFC amends the CJR extreme and available for viewing by the public, to the extent a court finds this action to uncontrollable circumstances policy to including any personally identifiable or be locally or regionally applicable, the account for all participant hospitals confidential business information that is Administrator has determined that the affected by the PHE for the COVID–19 action is based on a determination of included in a comment. We will post all pandemic, such that for a fracture or nationwide scope or effect for purposes comments received before the close of non-fracture episode with a date of of CAA section 307(b)(1). Thus, the comment period on the following admission to the anchor hospitalization pursuant to CAA section 307(b), any website as soon as possible after they that is on or within 30 days before the have been received: http:// petition for review of the final letter date that the emergency period began or www.regulations.gov. Follow the search denying the petition for reconsideration that occurs through the termination of instructions on that website to view from Patel Industrial Park must be filed the emergency period, actual episode in the Court of Appeals for the District public comments. In the February 24, 2020 Federal payments are capped at the performance of Columbia Circuit on or before June year target price determined for the 23, 2020. Register (85 FR 10516), we published a proposed rule titled ‘‘Medicare Program: applicable episode. Andrew Wheeler, Comprehensive Care for Joint Further, we recognize that hospitals Administrator.