Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Proposed Rules 71457 for the relevant maintenance period in attainment of the 2008 ozone NAAQS Technology Transfer and Advancement with mobile source emissions at the through 2030. Finally, EPA finds Act of 1995 (15 U.S.C. 272 note) because levels of the MVEBs. adequate and is proposing to approve application of those requirements would the newly-established 2020 and 2030 be inconsistent with the CAA; and C. What is a safety margin? MVEBs for the Cleveland area. • Does not provide EPA with the A ‘‘safety margin’’ is the difference discretionary authority to address, as VII. Statutory and Executive Order between the attainment level of appropriate, disproportionate human Reviews emissions (from all sources) and the health or environmental effects, using projected level of emissions (from all Under the CAA, redesignation of an practicable and legally permissible sources) in the maintenance plan. As area to attainment and the methods, under Executive Order 12898 noted in Table 11, the emissions in the accompanying approval of a (59 FR 7629, February 16, 1994). Cleveland area are projected to have maintenance plan under section In addition, the SIP is not approved safety margins of 117.22 TPSD for NOX 107(d)(3)(E) are actions that affect the to apply on any Indian reservation land and 28.48 TPSD for VOC in 2030 (the status of a geographical area and do not or in any other area where EPA or an total net change between the attainment impose any additional regulatory Indian tribe has demonstrated that a year, 2014, emissions and the projected requirements on sources beyond those tribe has jurisdiction. In those areas of 2030 emissions for all sources in the imposed by state law. A redesignation to Indian country, this rule does not have Cleveland area). Similarly, there is a attainment does not in and of itself tribal implications as specified by safety margin of 89.24 TPSD for NOX create any new requirements, but rather Executive Order 13175 (65 FR 67249, and 11.61 TPSD for VOC in 2020. Even results in the applicability of November 9, 2000), because if emissions reached the full level of the requirements contained in the CAA for redesignation is an action that affects safety margin, the counties would still areas that have been redesignated to the status of a geographical area and demonstrate maintenance since attainment. Moreover, the Administrator does not impose any new regulatory emission levels would equal those in is required to approve a SIP submission requirements on tribes, impact any the attainment year. that complies with the provisions of the existing sources of air pollution on As shown in Table 12 above, Ohio is CAA and applicable Federal regulations. tribal lands, nor impair the maintenance allocating a portion of that safety margin 42 U.S.C. 7410(k); 40 CFR 52.02(a). of ozone NAAQS in tribal lands. to the mobile source sector. Specifically, Thus, in reviewing SIP submissions, in 2020, Ohio is allocating 5.07 TPSD EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 and 8.03 TPSD of the VOC and NOX provided that they meet the criteria of Environmental protection, Air safety margins, respectively. In 2030, the CAA. Accordingly, this action pollution control, Incorporation by Ohio is allocating 4.02 TPSD and 5.72 merely approves state law as meeting reference, Intergovernmental relations, TPSD of the VOC and NOX safety Federal requirements and does not Oxides of nitrogen, Ozone, Volatile margins, respectively. Ohio EPA is not impose additional requirements beyond organic compounds. requesting allocation to the MVEBs of those imposed by state law. For that Dated: October 5, 2016. the entire available safety margins reason, this action: reflected in the demonstration of • Is not a significant regulatory action Robert A. Kaplan, maintenance. In fact, the amount subject to review by the Office of Acting Regional Administrator, Region 5. allocated to the MVEBs represents only Management and Budget under [FR Doc. 2016–24914 Filed 10–14–16; 8:45 am] a small portion of the 2020 and 2030 Executive Orders 12866 (58 FR 51735, BILLING CODE P safety margins. Therefore, even though October 4, 1993) and 13563 (76 FR 3821, the State is requesting MVEBs that January 21, 2011); exceed the projected on-road mobile • Does not impose an information DEPARTMENT OF THE INTERIOR source emissions for 2020 and 2030 collection burden under the provisions contained in the demonstration of of the Paperwork Reduction Act (44 Fish and Wildlife Service maintenance, the increase in on-road U.S.C. 3501 et seq.); mobile source emissions that can be • Is certified as not having a 50 CFR Part 17 considered for transportation significant economic impact on a conformity purposes is well within the [Docket No. FWS–HQ–ES–2016–0072; substantial number of small entities 4500030115] safety margins of the ozone maintenance under the Regulatory Flexibility Act (5 demonstration. Further, once allocated U.S.C. 601 et seq.); Endangered and Threatened Wildlife to mobile sources, these safety margins • Does not contain any unfunded and Plants; Review of Foreign Species will not be available for use by other mandate or significantly or uniquely That Are Candidates for Listing as sources. affect small governments, as described Endangered or Threatened; Annual VI. Proposed Actions in the Unfunded Mandates Reform Act Notification of Findings on of 1995 (Pub. L. 104–4); Resubmitted Petitions; Annual EPA is proposing to determine that • Does not have Federalism Description of Progress on Listing the Cleveland area has met the implications as specified in Executive Actions requirements for redesignation under Order 13132 (64 FR 43255, August 10, section 107(d)(3)(E) of the CAA. EPA is 1999); AGENCY: Fish and Wildlife Service, thus proposing to approve Ohio’s • Is not an economically significant Interior. request to change the legal designation regulatory action based on health or ACTION: Notification of review. of the Cleveland area from safety risks subject to Executive Order nonattainment to attainment for the 13045 (62 FR 19885, April 23, 1997); SUMMARY: In this Candidate Notice of 2008 ozone standard. EPA is also • Is not a significant regulatory action Review of Foreign Species (CNOR–FS), proposing to approve, as a revision to subject to Executive Order 13211 (66 FR we present an updated list of plant and the Ohio SIP, the state’s maintenance 28355, May 22, 2001); animal species foreign to the United plan for the area. The maintenance plan • Is not subject to requirements of States that we regard as candidates for is designed to keep the Cleveland area Section 12(d) of the National addition to the Lists of Endangered and VerDate Sep<11>2014 14:20 Oct 14, 2016 Jkt 241001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\17OCP1.SGM 17OCP1 jstallworth on DSK7TPTVN1PROD with PROPOSALS 71458 Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Proposed Rules Threatened Wildlife and Plants under one candidate from the list due to (warranted but precluded), and the Endangered Species Act of 1973, as recovery, and we are adding a species expeditious progress is being made to amended. Identification of candidate that was originally considered to be one add or remove qualified species from species can assist conservation planning taxon but has recently been determined the List (See Preclusion and Expeditious efforts by providing advance notice of to be two full species. Additionally, in Progress below). potential listings and awareness of this CNOR–FS, we have assigned a In accordance with section species’ status. Even if we subsequently listing priority number (LPN) to the new 4(b)(3)(C)(i) of the Act, when, in list a candidate species, the early notice candidate species and have changed the response to a petition, we find that provided here could result in more LPNs for three candidate species. listing a species is warranted but options for species management and precluded, we must make a new 12- Background recovery by prompting measures to month finding annually until we alleviate threats to the species. The Endangered Species Act of 1973, publish a proposed rule to list the DATES: We will accept information on as amended (Act) (16 U.S.C. 1531 et species or make a determination that any of the species in this Candidate seq.), requires that we identify species listing is not warranted. These Notice of Review of Foreign Species at of wildlife and plants that are subsequent 12-month findings are any time. endangered or threatened based on the referred to as ‘‘resubmitted’’ petition best available scientific and commercial ADDRESSES: Document availability: This findings. This CNOR–FS contains our CNOR–FS and supporting information. As defined in section 3 of resubmitted petition findings for foreign documentation, including more detailed the Act, an endangered species is any species previously described in the information on these candidate species species that is in danger of extinction Annual Notice of Review published and the references cited, is available on throughout all or a significant portion of April 25, 2013 (78 FR 24604). the Internet at http:// its range, and a threatened species is We maintain this list of candidates for www.regulations.gov at Docket No. any species that is likely to become an a variety of reasons: FWS–HQ–ES–2016–0072. Please submit endangered species within the (1) To notify the public that these foreseeable future throughout all or a any new information, materials, species are facing threats to their significant portion of its range. Through comments, or questions on this CNOR– survival; the Federal rulemaking process, we add FS and the supporting documentation to (2) to provide advance knowledge of species that meet these definitions to the Falls Church, VA, address listed in potential listings; the List of Endangered and Threatened (3) to provide information that may FOR FURTHER INFORMATION CONTACT Wildlife at 50 CFR 17.11 or the List of stimulate and guide conservation efforts below.