Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Rules and Regulations 42685 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. The 

SIP is not approved to apply in Indian 

country located in the state, except for 

non-trust land within the exterior 

boundaries of the Puyallup Indian 

Reservation, also known as the 1873 

Survey Area. Under the Puyallup Tribe 

of Indians Settlement Act of 1989, 25 

U.S.C. 1773, Congress explicitly 

provided state and local agencies in 

Washington authority over activities on 

non-trust lands within the 1873 Survey 

Area and the EPA is therefore approving 

this SIP on such lands. Consistent with 

EPA policy, the EPA nonetheless 

provided a consultation opportunity to 

the Puyallup Tribe in a letter dated 

September 3, 2013. The EPA did not 

receive a request for consultation. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 22, 

2014. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Carbon monoxide, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Sulfur dioxide, Reporting and 

recordkeeping requirements. 

Dated: July 7, 2014. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart WW—Washington 

■ 2. In § 52.2470, paragraph (e) is 

amended by adding the entry ‘‘110(a)(2) 

Infrastructure Requirements—2008 Lead 

Standard’’ to Table 2—ATTAINMENT, 

MAINTENANCE, AND OTHER PLANS 

under the heading ‘‘110(a)(2) 

Infrastructure and Interstate Transport’’ 

after the entry for ‘‘110(a)(2) 

Infrastructure Requirements—1997 

ozone standard’’ to read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(e) * * * 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision 

Applicable geographic or nonattainment area 

State submittal 

date EPA approval date Comments 

*******

110(a)(2) Infrastructure and Interstate Transport 

*******

110(a)(2) Infrastructure Requirements—2008 Lead 

Standard.

Statewide .......... 4/14/14 7/23/14 [Insert Federal Register citation].This action addresses the following CAA 

elements: 110(a)(2)(A), (B), (C), 

(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), 

(K), (L), and (M). 

*******

[FR Doc. 2014–17243 Filed 7–22–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0495; FRL–9914–17– 

Region 9] 

Interim Final Determination To Stay 

and Defer Sanctions, Clark County 

Department of Air Quality 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: The Environmental Protection 

Agency is making an interim final 

determination to stay the imposition of 

offset sanctions and to defer the 

imposition of highway sanctions based 

on a proposed approval of a revision to 

the Clark County Department of Air 

Quality (Clark or DEQ) portion of the 

Nevada State Implementation Plan (SIP) 

published elsewhere in this Federal 

Register. The SIP revision concerns six 

permitting rules (referred to as Sections) 

submitted by Clark: Sections 0— 

Definitions, 12.0—Applicability, 

General Requirements and Transition 

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42686 Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Rules and Regulations 

Procedures, 12.1—Permit Requirements 

for Minor Sources, 12.2—Permit 

Requirements for Major Sources in 

Attainment Areas, 12.3—Permit 

Requirements for Major Sources in 

Nonattainment Areas, 12.4—Authority 

to Construct Application and Permit 

Requirements For Part 70 Sources, and 

subsection 12.7.5 of Section 12.7— 

Emission Reduction Credits. 

DATES: This interim final determination 

is effective on July 23, 2014. However, 

comments will be accepted until August 

22, 2014. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0495, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. Email: R9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air3), 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 http://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 

http://www.regulations.gov or email. 

http://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. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at http://

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 

http://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: 

Laura Yannayon, EPA Region IX, (415) 

972–3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

I. Background 

On October 18, 2012 (77 FR 64039), 

we published a limited approval and 

limited disapproval of 6 Clark County 

rules: Sections 0-Definitions, 12.0— 

Applicability, General Requirements 

and Transition Procedures, 12.1— 

Permit Requirements for Minor Sources, 

12.2—Permit Requirements for Major 

Sources in Attainment Areas, 12.3— 

Permit Requirements for Major Sources 

in Nonattainment Areas, 12.4— 

Authority to Construct Application and 

Permit Requirements For Part 70 

Sources. We based our limited 

disapproval action on certain 

deficiencies in the submitted rules. This 

disapproval action started a sanctions 

clock for imposition of offset sanctions 

18 months after October 18, 2012 and 

highway sanctions 6 months later, 

pursuant to section 179 of the Clean Air 

Act (CAA) and our regulations at 40 

CFR 52.31. Under 40 CFR 52.31(d)(1), 

offset sanctions apply eighteen months 

after the effective date of a disapproval 

and highway sanctions apply six 

months after the offset sanctions, unless 

we determine that the deficiencies 

forming the basis of the disapproval 

have been corrected. 

On March 18, 2014, Clark adopted 

amended versions of these rules, which 

were intended to correct the 

deficiencies identified in our October 

18, 2012 limited approval and limited 

disapproval action. On April 1, 2014, 

the State submitted these amended rules 

to EPA. In the Proposed Rules section of 

today’s Federal Register, we are 

proposing to fully approve these rules 

because we believe it corrects the 

deficiencies identified in our October 

18, 2012 disapproval action. Based on 

today’s proposed approval, we are 

taking this final rulemaking action, 

effective on publication, to stay the 

imposition of the offset sanctions, 

which went into effect on May 18, 2014, 

and to defer the imposition of the 

highway sanctions that were triggered 

by our October 18, 2012 limited 

disapproval. 

EPA is providing the public with an 

opportunity to comment on this stay/

deferral of sanctions. If comments are 

submitted that change our assessment 

described in this final determination 

and our proposed full approval of 

Clark’s amended rules, we intend to 

take subsequent final action to reimpose sanctions pursuant to 40 CFR 

52.31(d). If no comments are submitted 

that change our assessment, then all 

sanctions and sanction clocks will be 

permanently terminated on the effective 

date of a final rule approval. 

II. EPA Action 

We are making an interim final 

determination to stay the imposition of 

the offset sanctions and to defer the 

imposition of the highway sanctions 

associated with Clark County Sections 

0—Definitions, 12.0—Applicability, 

General Requirements and Transition 

Procedures, 12.1—Permit Requirements 

for Minor Sources, 12.2—Permit 

Requirements for Major Sources in 

Attainment Areas, 12.3—Permit 

Requirements for Major Sources in 

Nonattainment Areas, 12.4—Authority 

to Construct Application and Permit 

Requirements For Part 70 Sources, 

based on our concurrent proposal to 

approve the State’s SIP revision as 

correcting the deficiencies that initiated 

sanctions. 

Because EPA has preliminarily 

determined that the State has corrected 

the deficiencies identified in EPA’s 

limited disapproval action, relief from 

sanctions should be provided as quickly 

as possible. Therefore, EPA is invoking 

the good cause exception under the 

Administrative Procedure Act (APA) in 

not providing an opportunity for 

comment before this action takes effect 

(5 U.S.C. 553(b)(3)). However, by this 

action EPA is providing the public with 

a chance to comment on EPA’s 

determination after the effective date, 

and EPA will consider any comments 

received in determining whether to 

reverse such action. 

EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. EPA has reviewed the State’s 

submittal and, through its proposed 

action, is indicating that it is more likely 

than not that the State has corrected the 

deficiencies that started the sanctions 

clocks. Therefore, it is not in the public 

interest to initially impose sanctions or 

to keep applied sanctions in place when 

the State has most likely done all it can 

to correct the deficiencies that triggered 

the sanctions clocks. Moreover, it would 

be impracticable to go through noticeand-comment rulemaking on a finding 

that the State has corrected the 

deficiencies prior to the rulemaking 

approving the State’s submittal. 

Therefore, EPA believes that it is 

necessary to use the interim final 

rulemaking process to stay and defer 

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Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Rules and Regulations 42687 

sanctions while EPA completes its 

rulemaking process on the approvability 

of the State’s submittal. Moreover, with 

respect to the effective date of this 

action, EPA is invoking the good cause 

exception to the 30-day notice 

requirement of the APA because the 

purpose of this notice is to relieve a 

restriction (5 U.S.C. 553(d)(1)). 

III. Statutory and Executive Order 

Reviews 

This action stays and defers Federal 

sanctions and imposes no additional 

requirements. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action. 

The administrator certifies that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

This rule 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). 

This rule does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

This action does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

This rule is not subject to Executive 

Order 13045, ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997), because it is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply to this rule because 

it imposes no standards. 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons therefore, 

and established an effective date of July 

23, 2014. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 22, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purpose of judicial review nor does it 

extend the time within which petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental 

regulations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: June 19, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2014–17327 Filed 7–22–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2014–0015; 

92100–1111–0000] 

RIN 1018–AY49 

Endangered and Threatened Wildlife 

and Plants; Marine and Anadromous 

Taxa: Additions, Removal, Updates, 

and Corrections to the List of 

Endangered and Threatened Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are amending 

the List of Endangered and Threatened 

Wildlife (List) by adding several marine 

taxa, removing one species, and revising 

the entries of many more in accordance 

with the Endangered Species Act of 

1973, as amended (Act). These 

amendments are based on previously 

published determinations by the 

National Marine Fisheries Service 

(NMFS) of the National Oceanic and 

Atmospheric Administration, 

Department of Commerce, which has 

jurisdiction for these species. 

DATES: This rule is effective July 23, 

2014. For the applicability date for the 

status of newly listed taxa, see the 

individual species documents 

referenced in SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Michael Franz, 703–358–2171. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with the Act (16 U.S.C. 

1531 et seq.) and Reorganization Plan 

No. 4 of 1970 (35 FR 15627; October 6, 

1970), NMFS has jurisdiction over the 

marine and anadromous taxa specified 

in this rule. Under section 4(a)(2) of the 

Act, NMFS must decide whether a 

species under its jurisdiction should be 

classified as endangered or threatened. 

NMFS makes these determinations via 

its rulemaking process. We, the Service, 

are then responsible for publishing final 

rules to amend the List in the Code of 

Federal Regulations (CFR) at 50 CFR 

17.11(h). 

As described below and set forth at 

the table in the rule portion of this 

document, NMFS has published rules 

regarding each of the species mentioned 

in this rule. Section 4(a)(2)(A) applies to 

all of the rules except that for the Steller 

sea lion (Eastern DPS); with respect to 

those rules, by publishing this final rule, 

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