Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Proposed Rules 25111 

D. Public Comment and Final Action 

Because EPA believes the submitted 

rule fulfills all relevant requirements, 

we are proposing to fully approve it as 

described in section 110(k)(3) of the Act. 

We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate this rule 

into the federally enforceable SIP. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 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 Clean Air Act. 

Accordingly, this proposed action 

merely proposes to approve 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action 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 

Air pollution control, Environmental 

protection, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: April 13, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–10201 Filed 4–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0082; FRL–9634–2] 

Revisions to the Hawaii State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Hawaii State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC), oxides of nitrogen 

(NOX), and particulate matter (PM) 

emissions from motor vehicles, water 

separation, pumps, compressors, waste 

gas, and open burning, as well as several 

administrative requirements. We are 

proposing to approve several local rules 

to regulate these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by May 29, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0082, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: Hawaii State Department of 

Health Rules 11–60.1–1, 11–60.1–2, 11– 

60.1–4, 11–60.1–8, 11–60.1–11, 11– 

60.1–14, 11–60.1–15, 11–60.1–16, 11– 

60.1–17, 11–60.1–20, 11–60.1–32, 11– 

60.1–34, 11–60.1–40, 11–60.1–41, 11– 

60.1–42, 11–60.1–51, 11–60.1–53, 11– 

60.1–54, and 11–60.1–56. In the Rules 

and Regulations section of this Federal 

Register, we are approving these local 

rules in a direct final action without 

prior proposal because we believe these 

SIP revisions are not controversial. If we 

receive adverse comments, however, we 

will publish a timely withdrawal of the 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

25112 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Proposed Rules 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: February 1, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–10103 Filed 4–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 12–92; RM–11650; DA 

12–552] 

Radio Broadcasting Services; 

Centerville and Midway, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rulemaking 

filed by Katherine Pyeatt, proposing the 

allotment of Channel 267A at Midway, 

Texas, as its first local service; and the 

substitution of Channel 232A for vacant 

Channel 267A at Centerville, Texas to 

accommodate the proposed Midway 

allotment. Channel 267A can be allotted 

to Midway consistent with the 

minimum distance separation 

requirements of the Rules with a site 

restriction 7.6 kilometers (4.7 miles) 

northwest of the community. The 

reference coordinates for Channel 267A 

at Midway are 31–03–42 NL and 95–49– 

06 WL. Additionally, Channel 232A can 

be allotted to Centerville consistent with 

the minimum distance separation 

requirement of the Rules with a site 

restriction 10.6 kilometers (6.6 miles) 

northwest of Centerville. The reference 

coordinates for Channel 232A at 

Centerville are 31–19–03 NL and 96– 

03–54 WL. 

DATES: Comments must be filed on or 

before May 29, 2012, and reply 

comments on or before June 13, 2012. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street SW., Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve the 

petitioner as follows: Katherine Pyeatt, 

2215 Cedar Springs Road, #1605, Dallas, 

Texas 75201. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

12–92, adopted April 5, 2012, and 

released April 6, 2012. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 Twelfth Street SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–378–3160 or via email 

www.BCPIWEB.com. This document 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336 and 

339. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

removing Channel 267A and by adding 

Channel 232A at Centerville; and by 

adding Midway, Channel 267A. 

[FR Doc. 2012–10269 Filed 4–26–12; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R8–ES–2012–N073; FF0800000– 

FXES11130800000C4–123] 

Endangered and Threatened Wildlife 

and Plants; 5-Year Reviews of Species 

in California and Nevada 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 5-year reviews. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, are initiating 5-year 

reviews for 25 species under the 

Endangered Species Act of 1973, as 

amended (Act). We conduct these 

reviews to ensure that our classification 

of species on the Lists of Endangered 

and Threatened Wildlife and Plants as 

threatened or endangered is accurate. A 

5-year review assesses the best scientific 

and commercial data available at the 

time of the review. We are requesting 

any information that has become 

available since our last 5-year review of 

each of these species. Based on review 

results, we will determine whether we 

should change the listing status of any 

of these species. In this notice, we also 

announce 5-year reviews that were 

completed for 28 species in California 

and Nevada between March 17, 2011, 

and February 29, 2012. 

DATES: To ensure consideration, please 

send your written information by June 

26, 2012. 

ADDRESSES: For how and where to send 

comments or information, see ‘‘VIII., 

Contacts.’’ 

FOR FURTHER INFORMATION CONTACT: For 

species-specific information, contact the 

appropriate person listed under ‘‘VIII., 

Contacts.’’ For contact information 

about completed 5-year reviews, see 

‘‘IX., Completed 5-Year Reviews.’’ 

mstockstill on DSK4VPTVN1PROD with PROPOSALS