Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Proposed Rules 20073 

established in Executive Order 12866. 

To the extent permitted by law, 

Executive Order 13563 requires that an 

agency— 

(1) Propose or adopt regulations only 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are issuing this proposed priority 

only upon a reasoned determination 

that its benefits justify its costs. In 

choosing among alternative regulatory 

approaches, we selected those 

approaches that would maximize net 

benefits. Based on the analysis that 

follows, the Department believes that 

this regulatory action is consistent with 

the principles in Executive Order 13563. 

We also have determined that this 

regulatory action would not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

In accordance with both Executive 

orders, the Department has assessed the 

potential costs and benefits of this 

regulatory action. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

The benefits of the Disability and 

Rehabilitation Research Projects and 

Centers Programs have been well 

established over the years in that similar 

projects have been completed 

successfully. This proposed priority 

would generate new knowledge through 

research and development. The new 

RERCs would generate, disseminate, 

and promote the use of new information 

that would improve the options for 

individuals with disabilities to fully 

participate in their communities. 

Intergovernmental Review: This 

program is not subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: March 29, 2013. 

Michael Yudin, 

Delegated the authority to perform the 

functions and duties of Assistant Secretary 

for Special Education and Rehabilitative 

Services. 

[FR Doc. 2013–07763 Filed 4–2–13; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[EPA–R10–RCRA–2013–0105; FRL–9796–7] 

Adequacy of Oregon’s Municipal Solid 

Waste Landfill Permit Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA Region 10 proposes to 

approve a modification to the State of 

Oregon’s approved Municipal Solid 

Waste Landfill Program. On March 22, 

2004, EPA issued final regulations 

allowing research, development, and 

demonstration (RD&D) permits to be 

issued to certain municipal solid waste 

landfills by approved states. On June 14, 

2012, Oregon submitted an application 

to EPA Region 10 seeking Federal 

approval of its RD&D requirements. 

DATES: Comments on this proposed 

action must be received in writing on or 

before May 3, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

RCRA–2013–0105, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: calabro.domenic@epa.gov. 

• Fax: (206) 553–6640, to the 

attention of Domenic Calabro. 

• Mail: Send written comments to 

Domenic Calabro, Office of Air, Waste, 

and Toxics, U.S. EPA, Region 10, 1200 

Sixth Avenue, Suite 900, Mailstop: 

AWT–122, Seattle, WA 98101. 

• Hand Delivery or Courier: Deliver 

your comments to: Domenic Calabro, 

Office of Air, Waste, and Toxics, U.S. 

EPA, Region 10, 1200 Sixth Avenue, 

Suite 900, Mailstop: AWT–122, Seattle, 

WA 98101. Such deliveries are only 

accepted during the Office’s normal 

hours of operation. 

For detailed instructions on how to 

submit comments, please see the direct 

final rule which is located in the Rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Domenic Calabro at (206) 553–6640 or 

by email at calabro.domenic@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Rules section of this Federal Register, 

the EPA is approving modifications to 

Oregon’s Municipal Solid Waste 

Landfill permit program to allow for 

Research, Development, and 

Demonstration permits through a direct 

final rule without prior proposal, 

because the EPA views this as a 

noncontroversial action and anticipates 

no adverse comments to this action. 

Unless we receive written adverse 

comments which oppose this approval 

during the comment period, the direct 

final rule will become effective on the 

date it establishes, and we will not take 

further action on this proposal. If the 

EPA receives written adverse comments, 

the direct final rule will be withdrawn 

and all public comments received will 

be addressed in a subsequent final rule. 

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20074 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Proposed Rules 

The EPA will not institute a second 

comment period on this action. Any 

parties interested in commenting on this 

action should do so at this time. For 

additional information, see the direct 

final rule which is located in the Rules 

section of this Federal Register. 

Authority: This action is issued under the 

authority of sections 2002, 4005 and 4010(c) 

of the Solid Waste Disposal Act, as amended, 

42 U.S.C. 6912, 6945 and 6949(a). 

Dated: March 8, 2013. 

Dennis J. McLerran, 

Regional Administrator, EPA Region 10. 

[FR Doc. 2013–07769 Filed 4–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 771 

Federal Transit Administration 

49 CFR Part 622 

[Docket No. FHWA–2013–0007] 

FHWA RIN 2125–AF48 

FTA RIN 2132–AB05 

Environmental Impact and Related 

Procedures 

Correction 

The correction that appeared on page 

15925, Wednesday, March 13, 2013 is 

corrected to read as follows: 

On page 13609, in the first column, 

the docket number should read as set 

forth above. 

[FR Doc. C2–2013–04678 Filed 4–2–13; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket Nos. FWS–R1–ES–2012–0080; 

FWS–R1–ES–2012–0088; FWS–R1–ES– 

2013–0009; FWS–R1–ES–2013–0021; 

4500030114] 

RIN 1018–AY18; 1018–AZ17; 1081–AZ36; 

1081–AZ37 

Endangered and Threatened Wildlife 

and Plants; Listing and Designation of 

Critical Habitat for Taylor’s 

Checkerspot Butterfly, Streaked 

Horned Lark, and Four Subspecies of 

Mazama Pocket Gopher 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the comment period on our 

October 11, 2012 (77 FR 61938), 

proposal to list Taylor’s checkerspot 

butterfly as endangered and streaked 

horned lark as threatened and to 

designate critical habitat, and on our 

December 11, 2012 (77 FR 73770), 

proposal to list four subspecies of 

Mazama pocket gopher (Olympia, 

Tenino, Yelm, and Roy Prairie) and to 

designate critical habitat, under the 

Endangered Species Act of 1973, as 

amended (Act). We also announce the 

availability of a draft economic analysis 

(DEA) of the proposed critical habitat 

designations and an amended required 

determinations section of the proposed 

designations. The draft economic 

analysis addresses the potential 

economic impacts of critical habitat 

designation for all six subspecies 

(collectively, the ‘‘prairie species’’) 

under consideration in these 

rulemakings. In addition, we are 

providing information that we 

inadvertently omitted from the 

preamble to the October 11, 2012, 

proposed rule (77 FR 61938) to list 

Taylor’s checkerspot butterfly as 

endangered and streaked horned lark as 

threatened and to designate critical 

habitat. We are reopening the comment 

periods to allow all interested parties an 

opportunity to comment simultaneously 

on the proposed rules, the associated 

DEA, and our amended required 

determinations. Comments previously 

submitted on these proposed 

rulemakings do not need to be 

resubmitted, as they will be fully 

considered in preparation of the final 

rules. We also announce a public 

hearing and three public information 

workshops on our proposed rules and 

associated documents. 

DATES: Written Comments: We will 

consider comments received or 

postmarked on or before May 3, 2013. 

Please note comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES) 

must be received by 11:59 p.m. Eastern 

Time on the closing date. Any 

comments that we receive after the 

closing date may not be considered in 

the final decisions on these actions. 

Public Information Workshops: We 

will hold three public information 

workshops. Two in Olympia, 

Washington, for all six subspecies, on 

Tuesday, April 16, 2013, from 3 p.m. to 

5 p.m. and from 6 p.m. to 8 p.m.; and 

another in Salem, Oregon, for Taylor’s 

checkerspot butterfly and streaked 

horned lark, on Wednesday, April 17, 

2013, from 6 p.m. to 8 p.m. (see 

ADDRESSES). 

Public Hearing: We will hold a public 

hearing in Lacey, Washington, on 

Thursday, April 18, 2013, from 3 p.m. 

to 5 p.m. and continuing from 6 p.m. to 

8 p.m. (see ADDRESSES). 

ADDRESSES: Document Availability: You 

may obtain copies of the proposed rules 

at http://www.regulations.gov at Docket 

No. FWS–R1–ES–2012–0080 for 

Taylor’s checkerspot butterfly and 

streaked horned lark, and at Docket No. 

FWS–R1–ES–2012–0088 for the 

Mazama pocket gophers; from the 

Washington Fish and Wildlife Office’s 

Web site (http://www.fws.gov/wafwot); 

or by contacting the Washington Fish 

and Wildlife Office directly (see FOR

FURTHER INFORMATION CONTACT). You 

may obtain a copy of the combined draft 

economic analysis at Docket No. FWS– 

R1–ES–2013–0009 or Docket No. FWS– 

R1–ES–2013–0021. 

Written Comments: You may submit 

written comments by one of the 

following methods, or at the public 

information workshop or public 

hearing: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Submit comments 

on the listing proposal for Taylor’s 

checkerspot butterfly and streaked 

horned lark to Docket No. FWS–R1–ES– 

2012–0080; submit comments on the 

critical habitat proposal for Taylor’s 

checkerspot butterfly and streaked 

horned lark to Docket No. FWS–R1–ES– 

2013–0009. Submit comments on the 

listing proposal for Mazama pocket 

gophers to Docket No. FWS–R1–ES– 

2012–0088; submit comments on the 

critical habitat proposal for Mazama 

pocket gophers to Docket No. FWS–R1– 

ES–2013–0021. See SUPPLEMENTARY

INFORMATION for an explanation of the 

four dockets. 

(2) By hard copy: 

• Submit comments on the listing 

proposal for Taylor’s checkerspot 

butterfly and streaked horned lark by 

U.S. mail or hand-delivery to: Public 

Comments Processing, Attn: FWS–R1– 

ES–2012–0080; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

MS 2042–PDM; Arlington, VA 22203. 

• Submit comments on the critical 

habitat proposal for Taylor’s 

checkerspot butterfly and streaked 

horned lark by U.S. mail or handdelivery to: Public Comments 

Processing, Attn: FWS–R1–ES–2013– 

0009; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

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