51824 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, (215) 814–2176, or by 

e-mail at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

For further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule to limit idling of heavy duty 

vehicles in Delaware, and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

Dated: September 25, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–24186 Filed 10–7–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0435; FRL–8966–4] 

Approval and Promulgation of 

Implementation Plans; Corrections to 

the Arizona and Nevada State 

Implementation Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to delete 

certain statutes and rules that were 

erroneously approved by EPA under the 

Clean Air Act as part of the Arizona and 

Nevada state implementation plans. The 

rules that are the subject of this proposal 

were adopted by Pima County Health 

Department in Arizona and the State 

Environmental Commission, Clark 

County District Board of Health, and 

Washoe County District Board of Health 

in Nevada. The statutes and rules that 

EPA is proposing to delete relate to 

general declarations of policy, advisory 

committees, variances, and incidental 

fees and nuisance odors. EPA is 

proposing to delete these statutes and 

rules under section 110(k)(6) of the 

Clean Air Act. 

DATES: Any comments on this proposal 

must arrive by November 9, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0435, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: allen.cynthia@epa.gov. 

3. Mail or deliver: Cynthia Allen 

(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 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 e-mail. 

The http://www.regulations.gov portal 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 e-mail directly to EPA, your e-mail 

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: The index to the docket for 

this action is 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 in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), 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: 

Cynthia Allen, Rules Office (AIR–4), 

U.S. Environmental Protection Agency, 

Region IX, (415) 947–4120, 

allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. This proposal 

addresses a number of statutes and rules 

that EPA has determined were 

previously approved in error into the 

Arizona and Nevada state 

implementation plans (SIPs). EPA is 

proposing to delete these statutes and 

rules from the respective SIPs under 

section 110(k)(6) of the Clean Air Act, 

which provides EPA authority to 

remove these statutes and rules without 

additional State submission. 

In the Rules and Regulations section 

of this Federal Register, we are deleting 

these statutes and rules in a direct final 

action without prior proposal because 

we believe the deletion of them is not 

controversial. Please see the direct final 

action for a list of the specific statutes 

and rules that are the subject of this 

action. If we receive adverse comments, 

however, we will publish a timely 

withdrawal of the direct final rule and 

address the comments in a 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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Proposed Rules 51825 

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 15, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–24192 Filed 10–7–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2008–0089; 

81420–1117–8B10 B4] 

RIN 1018–AV90 

Endangered and Threatened Wildlife 

and Plants; Revised Designation of 

Critical Habitat for the California RedLegged Frog (Rana aurora draytonii) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period, availability of revised 

draft economic analysis, and amended 

required determinations. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the comment period on our 

September 16, 2008, and April 28, 2009, 

proposal to revise the designation of 

critical habitat for the California redlegged frog under the Endangered 

Species Act of 1973, as amended (Act). 

We also announce the availability of a 

revised draft economic analysis (DEA). 

We are reopening the comment period 

to allow all interested parties an 

opportunity to comment simultaneously 

on the proposed revision of critical 

habitat and the associated revised DEA. 

Comments previously submitted on this 

rulemaking do not need to be 

resubmitted. These comments have 

already been incorporated into the 

public record and will be fully 

considered in preparation of the final 

rule. 

DATES: We will accept comments 

received on or before November 9, 2009. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R8–ES–2008–0089. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R8– 

ES–2008–0089; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Susan Moore, Field Supervisor, U.S. 

Fish and Wildlife Service, Sacramento 

Fish and Wildlife Office, 2800 Cottage 

Way, Room W–2605, Sacramento, CA 

95825; telephone 916–414–6600; 

facsimile 916–414–6712. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Comments 

We will accept written comments and 

information during this reopened 

comment period on our proposed 

revision to critical habitat for the 

California red-legged frog published in 

the Federal Register on September 16, 

2008 (73 FR 53492), and revised in the 

Federal Register on April 28, 2009 (74 

FR 19184), and the current revised DEA 

(IEc 2009b) of the proposed revised 

designation. We will consider 

information and recommendations from 

all interested parties. We are 

particularly interested in comments 

concerning: 

(1) The reasons why we should or 

should not designate habitat as critical 

habitat under section 4 of the Act (16 

U.S.C. 1531 et seq.), including whether 

there are threats to the subspecies from 

human activity, the degree of which can 

be expected to increase due to the 

designation, and whether that increase 

in threat outweighs the benefit of 

designation such that the designation of 

critical habitat is not prudent. 

(2) Specific information on: 

• The amount and distribution of 

California red-legged frog habitat, 

• Locations within the geographical 

area occupied at the time of listing that 

contain features essential to the 

conservation of the subspecies that we 

should include in the designation and 

why, and 

• Locations not within the 

geographical area occupied at the time 

of listing that are essential to the 

conservation of the subspecies and why. 

(3) Land use designations and current 

or planned activities in the subject areas 

and their possible impacts on proposed 

revised critical habitat. 

(4) Probable economic, national 

security, or other relevant impacts of 

designating particular areas as critical 

habitat. We are particularly interested in 

any impacts on small entities, and the 

benefits of including or excluding areas 

that exhibit these impacts. 

(5) The potential exclusion from final 

revised critical habitat, and whether 

such exclusion is appropriate and why, 

of non-Federal lands: 

• Covered by the East Contra Costa 

County Habitat Conservation Plan 

(ECCHCP), 

• Owned and managed by the East 

Bay Regional Park District within the 

boundaries of the ECCHCP, 

• Covered by the Western Riverside 

County Multiple Species Habitat 

Conservation Plan (MSHCP), and 

• Covered by the Bonny Doon 

Settlement Ponds Habitat Conservation 

Plan. 

(6) Whether the lands proposed as 

critical habitat on Department of 

Defense land at Vandenberg Air Force 

Base in Santa Barbara County and Camp 

San Luis Obispo in San Luis Obispo 

County should be exempted under 

section 4(a)(3) of the Act or excluded 

under section 4(b)(2) of the Act and 

why. 

(7) Whether the U.S. Forest Service 

lands managed under the Sierra Nevada 

Forest Plan Amendment within the 

units being proposed as critical habitat 

should be excluded under section 

4(b)(2) of the Act and why. 

(8) Whether Unit CAL–1 (Young’s 

Creek) in Calaveras County should be 

excluded under section 4(b)(2) of the 

Act and why. 

(9) Whether changes made to the 

proposed critical habitat Unit MEN–1 in 

Mendocino County appropriately reflect 

the current knowledge of the subspecies 

distribution and occurrence within the 

area and whether that area should be 

designated as critical habitat. 

(10) Information on the extent to 

which any Federal, State, and local 

environmental protection measures we 

reference in the revised DEA were 

adopted largely as a result of the 

subspecies’ listing. 

(11) Information on whether the 

revised DEA identifies all Federal, State, 

and local costs and benefits attributable 

to the proposed revision of critical 

habitat, and information on any costs or 

benefits that we may have overlooked. 

(12) Information on whether the 

revised DEA makes appropriate 

assumptions regarding current practices 

and any regulatory changes that likely 

may occur if we designate revised 

critical habitat. 

(13) Information on whether the 

revised DEA correctly assesses the effect 

on regional costs associated with any 

land use controls that may result from 


srobinson on DSKHWCL6B1PROD with PROPOSALS