### 20910 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules

areas designated attainment or unclassifiable with respect to the National Ambient Air Quality Standards.

The changes to New Mexico’s PSD program regulations are substantively the same as the amendments to the Federal PSD regulatory provisions in EPA’s Tailoring Rule. As part of its review of this submittal, EPA performed a line-by-line review of New Mexico’s proposed revision and has determined that they are consistent with the Tailoring Rule. EPA’s Technical Support Document detailing our analysis of the proposed revisions to the New Mexico SIP is available in the docket for this action. V. What action is EPA taking?

EPA is proposing to approve New Mexico’s December 1, 2010, SIP submittal, relating to PSD requirements for GHG-emitting sources. Specifically, New Mexico’s December 1, 2010, proposed SIP revision establishes appropriate emissions thresholds for determining PSD applicability to new and modified GHG-emitting sources in accordance with EPA’s Tailoring Rule. EPA has made the determination that this SIP submittal is approvable because it is in accordance with the CAA and EPA regulations regarding PSD permitting for GHGs.

If EPA finalizes our approval of New Mexico’s changes to its air quality regulations to incorporate the appropriate thresholds for GHG permitting applicability into New Mexico’s SIP, then paragraph (d) in Section 52.1634 of 40 CFR part 52, as included in EPA’s SIP Narrowing Rule—which codifies the limitation of EPA’s approval of New Mexico’s PSD SIP to not cover the applicability of PSD to GHG-emitting sources below the Tailoring Rule thresholds—is no longer necessary. In today’s proposed action, EPA is also proposing to amend Section 52.1634 of 40 CFR part 52 to remove this unnecessary regulatory language. VI. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:

• Is 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);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Is 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. );

• Does 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);

• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Is 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 Clean Air Act; and

• 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, Intergovernmental relations, and Reporting and recordkeeping requirements.

Authority: 42 U.S.C. 7401 et seq. Dated: April 6, 2011. Al Armendariz, Regional Administrator, Region 6.
[FR Doc. 2011–9099 Filed 4–13–11; 8:45 am]

**BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 52**

**[EPA–R05–OAR–2010–0545; FRL–9295–2]**

**Proposed Approval of Air Quality Implementation Plans; Indiana; Stage I**  **Vapor Recovery Rule**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to approve into the Indiana State Implementation Plan (SIP), amendments to the stage I vapor recovery rule and administrative changes to stage II vapor recovery rule submitted by the Indiana Department of Environmental Management on June 11, 2010. These rule revisions made volatile organic compounds (VOC) emission control requirements for filling at gasoline dispensing facilities more stringent by applying them statewide, making the rule applicable to smaller tanks and revising the requirements for newer submerged fill pipes. These new state requirements update the SIP consistent with new Federal requirements from January 10, 2008 area source National Emissions Standards for Hazardous Air Pollutants for gasoline dispensing facilities. The revisions also delete references to compliance dates which have passed. The rules are approvable because they are consistent with the Clean Air Act and EPA regulations, and should result in additional emission reductions of VOCs throughout Indiana.

**DATES :**  Comments must be received on or before May 16, 2011.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R05– OAR–2010–0545, by one of the following methods:

1. http://www.regulations.gov: Follow the on-line instructions for submitting
comments.

2. E-mail: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Doug Aburano, Chief, Control Strategies Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

5. Hand Delivery: Doug Aburano, Chief, Control Strategies Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The


### 20911 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules

Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

Please see the direct final rule which is located in the Final Rules section of this Federal Register for detailed instructions on how to submit

comments.

**FOR FURTHER INFORMATION CONTACT :**  Carolyn Persoon, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–8290, persoon.carolyn@epa.gov.

**SUPPLEMENTARY INFORMATION :**  In the Final Rules section of this Federal Register , EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives 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 rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule 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. For additional information, see the direct final rule which is located in the Rules section of this Federal Register

.

Dated: March 30, 2011. Susan Hedman, Regional Administrator, Region 5.
[FR Doc. 2011–8860 Filed 4–13–11; 8:45 am]

**BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR** 

**Fish and Wildlife Service**

**50 CFR Part 17**

**[Docket No. FWS–R2–ES–2011–0018; MO92210–0–0008–B2]** 

**Endangered and Threatened Wildlife and Plants; 90-Day Finding on a**  **Petition To List the Prairie Chub as Threatened or Endangered** 

**AGENCY :**  Fish and Wildlife Service, Interior.

**ACTION :**  Notice of petition finding and initiation of status review.

**SUMMARY :**  We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the prairie chub (Macrhybopsis australis) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. The prairie chub is a fish endemic to the upper Red River basin in Oklahoma and Texas. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the prairie chub may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the prairie chub is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in the Act.

**DATES :**  To allow us adequate time to conduct this review, we request that we receive information on or before June 13, 2011. Please note that if you are using the Federal eRulemaking Portal (see **ADDRESSES** section, below), the deadline for submitting an electronic comment is 11:59 p.m. Eastern Time on this date.

**ADDRESSES :**  You may submit information by one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. In the box that reads ‘‘Enter Keyword or ID, ’’ enter the Docket number for this finding, which is [Docket No. FWS–R2–ES–2011–0018]. Check the box that reads ‘‘Open for Comment/Submission, ’’ and then click the Search button. You should then see an icon that reads ‘‘ Submit a Comment. ’’ Please ensure that you have found the correct rulemaking before submitting your comment. • U.S. mail or hand-delivery: Public Comments Processing, Attn: [Docket No. FWS–R2–ES–2011–0018]; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042–PDM; Arlington, VA 22203. We will post all information we receive

on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Request for Information section below for more details).

After June 13, 2011, you must submit information directly to the Field Office (see **FOR FURTHER INFORMATION CONTACT** section below). Please note that we might not be able to address or incorporate information that we receive after the above requested date.

**FOR FURTHER INFORMATION CONTACT :**  Dixie Bounds, Field Supervisor, U.S. Fish and Wildlife Service, Oklahoma Ecological Services Field Office, 9014 East 21st Street, Tulsa, OK 74129, by telephone at 918–581–7458, or by facsimile at 918–581–7467. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at
800–877–8339.

**SUPPLEMENTARY INFORMATION :**  Request for Information

When we make a finding that a petition presents substantial information indicating that listing a species may be warranted, we are required to promptly review the status of the species (status review). For the status review to be complete and based on the best available scientific and commercial information, we request information on the prairie chub from governmental agencies, Native American Tribes, the scientific community, industry, and any other interested parties. We seek information

on:

(1) The species’ biology, range, and population trends, including:

(a) Habitat requirements for feeding, breeding, and sheltering;

(b) Genetics and taxonomy; (c) Historical and current range, including distribution patterns;

(d) Historical and current population levels, and current and projected trends; and

(e) Past and ongoing conservation measures for the species, its habitat, or both.

(2) The factors that are the basis for making a listing determination for a species under section 4(a) of the Act (16 U.S.C. 1531 et seq. ), which are:

(a) The present or threatened destruction, modification, or curtailment of its habitat or range;