Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Proposed Rules 60405 

deponent unless subscribing thereof is 

waived in writing by the parties. 

§ 771.125 Witnesses and fees. 

Witnesses summoned before the 

administrative law judge may be paid 

the same fees and mileage that are paid 

witnesses in the courts of the United 

States, and witnesses whose depositions 

are taken and the persons taking the 

same shall severally be entitled to the 

same fees as are paid for like services in 

the courts of the United States. Witness 

fees and mileage shall be paid by the 

party at whose instance the witnesses 

appear and the person taking the 

deposition shall be paid by the party at 

whose instance the deposition is taken. 

§ 771.126 Discovery. 

The discovery provisions of the 

Federal Rules of Civil Procedure and the 

Federal Rules of Criminal Procedure are 

not controlling with respect to agency 

proceedings under this part. However, 

fundamental fairness requires a party be 

given the opportunity to know what 

evidence is offered and a chance to 

rebut such evidence. Either party may 

petition the administrative law judge for 

non-burdensome discovery if the party 

can demonstrate that the interests of 

justice require disclosure of these 

materials. 

§ 771.127 Privileges. 

The Administrative Procedure Act, 5 

U.S.C. 559, provides that, except as 

otherwise required by law, privileges 

relating to procedure or evidence apply 

equally to agencies and persons. 

Therefore, an agency may rely on 

judicially-approved privileges to resist 

production of its files where 

appropriate. 

Record 

§ 771.135 What constitutes record. 

The transcript of testimony, 

pleadings, exhibits, all papers and 

requests filed in the proceeding, and all 

findings, decisions, and orders, shall 

constitute the exclusive record. Where 

the decision rests on official notice of 

material fact not appearing in the 

record, the administrative law judge 

shall so state in his findings and any 

party shall, on timely request, be 

afforded an opportunity to show facts to 

the contrary. 

§ 771.136 Availability. 

A copy of the record shall be available 

for inspection or copying by the parties 

to the proceedings during business 

hours at the office of the administrative 

law judge or the Director of Industry 

Operations or, pending administrative 

review, at the Office of the Director. 

Dated: October 1, 2014. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2014–23932 Filed 10–6–14; 8:45 am] 

BILLING CODE 4410–FY–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0615; FRL–9916–94– 

Region 9] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Placer County Air 

Pollution Control District (PCAPCD) 

portion of the California State 

Implementation Plan (SIP). This 

revision concerns oxides of nitrogen 

(NOx) emissions from natural gas-fired 

water heaters, small boilers, and process 

heaters. We are proposing to approve a 

local rule to regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: Any comments on this proposal 

must arrive by November 6, 2014. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0615, 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 94105–3901. 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 

rule: Placer County Air Pollution 

Control District Rule 247 Natural GasFired Water Heaters, Small Boilers and 

Process Heaters. In the Rules and 

Regulations section of this Federal 

Register, we are approving this local 

rule 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 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. 

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: September 5, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2014–23775 Filed 10–6–14; 8:45 am] 

BILLING CODE 6560–50–P 


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