Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Proposed Rules 449 

emissions in ‘‘Extreme’’ ozone 

nonattainment areas. New or modified 

stationary sources proposed at the 

Pechanga Reservation would remain 

subject to major source nonattainment 

NNSR, however, by virtue of the 

reservation’s classification as a 

‘‘Moderate’’ ozone nonattainment area 

for the 2008 ozone standard. The NNSR 

major source threshold in ‘‘Moderate’’ 

ozone nonattainment areas is 100 tpy. 

In addition, if finalized as proposed, 

the EPA would withdraw our proposal 

to reclassify the Pechanga Reservation 

as ‘‘Extreme’’ for the 1997 8-hour ozone 

NAAQS at 74 FR 43654 (August 27, 

2009). In so doing, we would resolve the 

action that we deferred in 2010 [75 FR 

24409 (May 5, 2010)] when we 

reclassified the rest of the South Coast, 

as then defined and with the exception 

of two reservations, as ‘‘Extreme’’ for 

that standard. 

In concluding that it is appropriate to 

propose approval of the tribe’s requests 

for boundary changes and designation to 

attainment for the 1997 ozone NAAQS, 

the EPA relies heavily on the obvious 

fact that this is a request from a 

federally recognized tribal government. 

The tribe has been determined 

previously to qualify for TAS, and the 

lands under consideration here are 

subject to EPA’s Tribal Designations 

Policy. EPA finds that the tribe has met 

all applicable requirements of that 

policy. 

EPA also relies on the facts that there 

are valid monitoring data showing that 

current air quality at the Pechanga 

Reservation meets the 1997 ozone 

standard and that the emissions from 

tribal lands here are extremely small 

and do not contribute in any meaningful 

way to any nearby ozone nonattainment 

area. Finally, the EPA notes that this 

action to establish a separate air quality 

planning area, if finalized, would 

simplify implementation of the ozone 

standards by eliminating the presence of 

two different planning areas for the 

same criteria pollutant, ozone. This 

separate treatment of the Pechanga 

Reservation is consistent with EPA’s 

prior actions to reclassify the South 

Coast ozone nonattainment area in 2010, 

and to establish a separate ozone 

nonattainment area for the 2008 ozone 

standard in 2012. In summary, the 

proposed changes in the boundaries and 

the status of this area are supported by 

several unique factors described in this 

notice that are unlikely to be present in 

other nonattainment areas. 

The EPA is soliciting public 

comments on the issues discussed in 

this document and will accept 

comments for the next 30 days. These 

comments will be considered before 

taking final action. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

Indian reservation air quality planning 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by the TIP. Redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, under 

circumstances where a tribe is 

determined as eligible for TAS for the 

purposes of section 110 with respect to 

a given TIP, the Administrator is 

required to approve a TIP 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 TIP submissions, the 

EPA’s role is to approve tribal choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, these 

actions merely propose to approve a 

tribal plan and redesignation request as 

meeting Federal requirements and do 

not impose additional requirements 

beyond those imposed by tribal law. For 

these reasons, these proposed actions: 

• Are 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are 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 CAA; and 

• Do not provide the 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, given the nature of these 

proposed actions, we presume that the 

proposed actions would have ‘‘tribal 

implications’’ as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), with respect to the Pechanga 

Tribe. However, the proposed actions 

would not impose substantial direct 

compliance costs or preempt tribal law. 

Moreover, these proposed actions 

respond directly to specific requests 

submitted by the affected tribe and 

follow from extensive coordination and 

consultation between representatives of 

the Pechanga Tribe and the EPA about 

these and other related matters. 

List of Subjects 

40 CFR Part 49 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, National parks, Ozone, 

Wilderness areas. 

Dated: December 23, 2014. 

Alexis Strauss, 

Acting Regional Administrator, EPA Region 

9. 

[FR Doc. 2014–30830 Filed 1–5–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0708; FRL–9921–34– 

Region 9] 

Clean Data Determination for 1997 

PM2.5 Standards; California—South 

Coast; Applicability of Clean Air Act 

Requirements; Extension of Comment 

Period 

AGENCY: Environmental Protection 

Agency. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
450 Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Proposed Rules 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is extending the existing 

public comment period for a proposal 

published in the Federal Register on 

December 9, 2014. In that action, 

pursuant to the Clean Air Act, EPA 

proposed to determine that the Los 

Angeles-South Coast Air Basin (South 

Coast) air quality planning area in 

California has attained the 1997 annual 

and 24-hour fine particle (PM2.5) 

National Ambient Air Quality 

Standards. This proposed determination 

is based upon complete (or otherwise 

validated), quality-assured, and certified 

ambient air monitoring data showing 

that the area has monitored attainment 

of the 1997 annual and 24-hour PM2.5

standards based on the 2011–2013 

monitoring period. If the EPA finalizes 

this determination of attainment, the 

requirements for the area to submit 

certain State implementation plan 

revisions shall be suspended for so long 

as the area continues to attain the 1997 

annual and 24-hour PM2.5 standards. 

One commentor requested an extension 

of the comment period for this proposed 

rulemaking. EPA is now extending the 

public comment period for fourteen 

days. 

DATES: The comment period for the 

proposed rule published on December 9, 

2014 (79 FR 72999) is extended. 

Comments must be received on or 

before January 22, 2015. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0708, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Email: tax.wienke@epa.gov. 

• Mail or deliver: Wienke Tax, Air 

Planning Office, U.S. Environmental 

Protection Agency, Region 9, Mailcode 

AIR–2, 75 Hawthorne Street, San 

Francisco, California 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 

information claimed to be 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. The 

http://www.regulations.gov Web site 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 an email comment 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: The index to the docket for 

this action is available electronically on 

the http://www.regulations.gov Web site 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105. 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 at 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 

below. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Air Planning Office, U.S. 

Environmental Protection Agency, 

Region 9, Mail Code AIR–2, 75 

Hawthorne Street, San Francisco, 

California 94105–3901, 415–947–4192, 

tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

published a proposed rule in the 

Federal Register on December 9, 2014 

(79 FR 72999). EPA is extending the 

existing public comment period for that 

proposal. In that action, pursuant to the 

Clean Air Act, EPA proposed to 

determine that the Los Angeles-South 

Coast Air Basin (South Coast) air quality 

planning area in California has attained 

the 1997 annual and 24-hour fine 

particle (PM2.5) National Ambient Air 

Quality Standards. This proposed 

determination is based upon complete 

(or otherwise validated), qualityassured, and certified ambient air 

monitoring data showing that the area 

has monitored attainment of the 1997 

annual and 24-hour PM2.5 standards 

based on the 2011–2013 monitoring 

period. If the EPA finalizes this 

determination of attainment, the 

requirements for the area to submit 

certain State implementation plan 

revisions shall be suspended for so long 

as the area continues to attain the 1997 

annual and 24-hour PM2.5 standards. 

One commentor requested an extension 

of the comment period for this proposed 

rulemaking. EPA is now extending the 

public comment period for fourteen 

days for the December 9, 2014, proposed 

clean data determination for the 1997 

PM2.5 standards for the South Coast 

area, California. 

Dated: December 18, 2014. 

Jared Blumenfeld, 

Regional Administrator, EPA Region 9. 

[FR Doc. 2014–30951 Filed 1–5–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 51 

[PS Docket No. 14–174, GN Docket No. 13– 

5, RM–11358, WC Docket No. 05–25, RM– 

10593; FCC 14–185] 

Ensuring Customer Premises 

Equipment Backup Power; Technology 

Transitions; Copper Retirement; and 

Discontinuance of Service 

AGENCY: Federal Communications 

Commission 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) initiates a rulemaking 

seeking public comment on: Ensuring 

reliable back-up power for consumers of 

IP-based voice and data services across 

networks that provide residential fixed 

service that substitutes for and improves 

upon the kind of traditional telephony 

used by people to dial 911; protecting 

consumers by ensuring they are 

informed about their choices and the 

services provided to them when carriers 

retire legacy facilities (e.g., copper 

networks) and seek to discontinue 

legacy services (e.g., basic voice 

services); and protecting competition 

where it exists today, so that the mere 

change of a network facility or 

discontinuance of a legacy service does 

not deprive small- and medium-sized 

businesses, schools, libraries, and other 

enterprises of the ability to choose the 

kinds of innovative services that best 

suit their needs. The proposed rules and 

the comment process that follows will 

help the Commission ensure that the 

fundamental values of competition, 

consumer protection, public safety, and 

national security are not lost merely 

because technology changes. 

DATES: Submit comments on or before 

February 5, 2015. Submit reply 

comments on or before March 9, 2015. 

ADDRESSES: You may submit comments, 

identified by PS Docket No. 14–174, GN 

Docket No. 13–5, RM–11358, WC 

Docket No. 05–25, RM–10593, by any of 

the following methods: 

• Federal Communications 

Commission’s Web site: http:// 


tkelley on DSK3SPTVN1PROD with PROPOSALS