Federal Register / Vol. 79, No. 17 / Monday, January 27, 2014 / Proposed Rules 4313 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: January 15, 2014. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2014–01502 Filed 1–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2013–0765; FRL–9905–65– 

Region–7] 

Approval and Promulgation of 

Implementation Plans; State of 

Kansas; Annual Emissions Fee 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State Implementation Plan (SIP) and 

Operating Permits Program revisions 

submitted by the state of Kansas which 

align the state’s rules entitled ‘‘Annual 

Emissions Fee’’ with the Federal Air 

Emissions Reporting Requirements Rule 

(AERR). 

DATES: Comments on this proposed 

action must be received in writing by 

February 26, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2013–0765, by mail to Lachala 

Kemp, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. Comments may 

also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Lachala Kemp at (913) 551–7214, or by 

email at kemp.lachala@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of the Federal 

Register, EPA is approving the state’s 

SIP and Operating Permits Program 

revision as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

revision amendment and anticipates no 

relevant adverse comments to this 

action. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed action. 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. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

Dated: January 8, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2014–01210 Filed 1–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 224 

[Docket No. 130321272–4020–01; 0648– 

XC589] 

Listing Endangered or Threatened 

Species: Proposed Amendment to the 

Endangered Species Act Listing of the 

Southern Resident Killer Whale 

Distinct Population Segment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; 12-month 

finding; request for comments. 

SUMMARY: In response to a petition 

submitted by the People for the Ethical 

Treatment of Animals Foundation to 

include the killer whale ‘‘Lolita’’ as a 

protected member of the endangered 

Southern Resident killer whale Distinct 

Population Segment (DPS), we, the 

National Marine Fisheries Service 

(NMFS), have completed a status review 

and propose to amend the regulatory 

language of the Endangered Species Act 

(ESA) listing of the DPS by removing the 

exclusion for captive members of the 

population. The current regulatory 

language excluded Lolita, the sole 

member of the Southern Resident killer 

whale DPS held in captivity, from the 

endangered listing. With removal of the 

exclusion, Lolita, a female killer whale 

captured from the Southern Resident 

population in 1970 who resides at the 

Miami Seaquarium in Miami, Florida, 

would be included in the Southern 

Resident killer whale DPS. The 

Southern Resident killer whale DPS was 

listed as endangered under the ESA in 

2005. We accepted the petition to 

include Lolita in the Southern Resident 

killer whale DPS on April 29, 2013, 

initiating a public comment period and 

a status review. Based on our review of 

the petition, public comments, and the 

best available scientific information, we 

find that amending the regulatory 

language to remove the exclusion for 

captive whales from the Southern 

Resident Killer whale DPS is warranted. 

We are soliciting scientific and 

commercial information pertaining to 

the proposed rule. 

DATES: Scientific and commercial 

information pertinent to the proposed 

action and comments must be received 

by March 28, 2014. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2013–0056, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

http://www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2013- 

0056, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Protected Resources Division, NMFS, 

Northwest Region, Protected Resources 

Division, 7600 Sand Point Way NE., 

Attention Lynne Barre, Branch Chief. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1