69998 Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0417; FRL 9902–13– 

R08] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Rescission of Federal Implementation 

Plan; Wyoming; Prevention of 

Significant Deterioration; Greenhouse 

Gas Tailoring Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions 

and additions to the Wyoming State 

Implementation Plan (SIP) submitted by 

the Wyoming Department of 

Environmental Quality (WDEQ) to EPA 

on March 8, 2013. The SIP revision to 

the Wyoming Prevention of Significant 

Deterioration (PSD) program updates the 

program to regulate permitting of 

sources of greenhouse gases (GHGs). 

Specifically, we are approving revisions 

to Wyoming’s Air Quality Standards 

and Regulations (WAQSR) Chapter 1, 

Common Provisions, Section 3, 

Definitions, and Chapter 6, Permitting 

Requirements, Section 4, Prevention of 

Significant Deterioration, and the 

addition of Chapter 1, Section 7, 

Greenhouse Gases. EPA is also 

rescinding the GHG PSD Federal 

Implementation Plan (FIP) for Wyoming 

that was put in place to ensure the 

availability of a permitting authority for 

GHG PSD permitting in Wyoming. EPA 

is taking this final action under section 

110 and part C of the Clean Air Act (the 

Act or CAA). 

DATES: This action is effective on 

December 23, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2013–0417. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jody 

Ostendorf, Air Program, Mailcode 8P– 

AR, Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop St., 

Denver, Colorado 80202–1129, (303) 

312–7814, ostendorf.jody@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. Information is organized as 

follows: 

Table of Contents 

I. Background for Our Final Action 

II. Response to Comments 

III. What final action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background for Our Final Action 

The background for today’s final rule 

and EPA’s national actions pertaining to 

PSD permitting of sources of GHGs are 

discussed in detail in our June 24, 2013 

proposal (see 78 FR 37752). The 

comment period was open for thirty 

days, and one comment, from WDEQ, 

was received. 

II. Response to Comments 

Comment: The WDEQ supported our 

proposed approval of Wyoming’s March 

8, 2013 GHG PSD submittal and 

concurrent rescission of our FIP. 

However, WDEQ requested that we 

propose action on the State’s May 11, 

2011 SIP submittal (which generally 

concerned New Source Review 

regulations for non-attainment areas) in 

parallel or as close as possible to final 

approval of the March 8, 2013 GHG PSD 

submittal. WDEQ stated it was 

concerned about future inconsistency in 

the GHG PSD permitting regulations. 

Response: EPA acknowledges 

WDEQ’s support for our final approval. 

It does not appear that our final 

approval could result in some 

inconsistency in light of the fact that we 

are not, at the same time, proposing 

action on the May 11, 2011 submittal. 

EPA has already approved the portion of 

the May 11, 2011 submittal that revised 

the State’s PSD program. See 76 FR 

44265 (July 25, 2011). The remaining 

portion of the May 11, 2011 submittal 

adds two new sections to Wyoming’s 

permitting rules. Section 13, entitled 

‘‘Nonattainment permit requirements,’’ 

incorporates by reference federal rules 

at 40 CFR 51.165. Section 14, entitled 

‘‘Incorporation by reference,’’ 

establishes the date of incorporation by 

reference of federal rules and provides 

information on how the public can 

inspect or obtain copies of the Code of 

Federal Regulations. We proposed to 

approve the May 11, 2011 addition of 

Section 14 in a separate action that will 

be completed concurrently with this 

one. In addition, the GHG revision to 

Section 4 independently provides a date 

of incorporation by reference and 

identical information to Section 14 

about the Code of Federal Regulations. 

With respect to Section 13, WDEQ did 

not identify any specific dependency 

between it and the March 8, 2013 GHG 

PSD submittal that would cause any 

future inconsistency in GHG permitting. 

In addition, the March 8, 2013 GHG PSD 

submittal did not include Section 13, so 

it appears to EPA that the two are 

independent. 

III. What final action is EPA taking? 

We are approving portions of 

Wyoming’s March 8, 2013 SIP submittal 

that update the PSD program to regulate 

permitting of sources of GHGs. 

Specifically, EPA is approving revisions 

to WAQSR Chapter 1, Common 

Provisions, Section 3, and Chapter 6, 

Permitting Requirements, Section 4, 

Prevention of Significant Deterioration, 

and the addition of Chapter 1, Common 

Provisions, Section 7, Greenhouse 

Gases. EPA has determined that these 

March 8, 2013 revisions are approvable 

because they were adopted and 

submitted in accordance with the CAA 

and EPA regulations regarding PSD 

permitting for GHGs. As explained in 

the June, 24, 2013 proposal, we are not 

taking action at this time on the revision 

to Chapter 6, Permitting Requirements, 

Section 14, Incorporation by Reference. 

In our June 24, 2013 action, we 

proposed to approve a portion of the SIP 

revision that deferred until July 21, 2014 

application of the PSD permitting 

requirements to biogenic carbon dioxide 

(CO2) emissions from bioenergy and 

other biogenic stationary sources. This 

portion of the SIP revision was included 

to align Wyoming’s state regulations 

with EPA’s July 20, 2011 Biomass 

Deferral Rule. However, on July 12, 

2013 the U.S. Court of Appeals for the 

DC Circuit vacated EPA’s deferral rule 

for biogenic CO2, stating that EPA is not 

authorized under the CAA to 

temporarily exempt such emissions 

from the PSD program. In light of the 

court’s action, on July 31, 2013 

Wyoming sent EPA a letter requesting 

that we not act on the deferral rule 

portion of their submittal. 

As explained in our June, 24, 2013 

proposal (see 78 FR 37752), as a result 


ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Rules and Regulations 69999 

1The details of our determination are provided in 

a memorandum in the docket. 

of today’s action we are also rescinding 

the GHG PSD FIP for Wyoming at 40 

CFR 52.37(b)(6). Therefore, as of the 

effective date of this final rule, the EPA 

will no longer be the PSD permitting 

authority for GHG-emitting sources in 

Wyoming. 

In a July 31, 2013 letter to EPA, the 

State requested approval to exercise its 

authority to administer the PSD program 

with respect to those sources that have 

existing PSD permits issued by EPA, 

including authority to conduct general 

administration of these existing permits, 

authority to process and issue any and 

all subsequent PSD permit actions 

relating to such permits (e.g., 

modifications, amendments, or 

revisions of any nature), and authority 

to enforce such permits. Pursuant to the 

criteria in section 110(a)(2)(E)(i) of the 

CAA, we have determined that the State 

has the authority, personnel, and 

funding to implement the PSD program 

for existing EPA-issued permits and we 

are therefore transferring authority for 

such permits to the State concurrent 

with the effective date of EPA’s 

approval of the State’s PSD program into 

the SIP.1 The two companies with EPAissued permits that will be transferred to 

the State are Cheyenne Prairie and 

Sinclair. EPA has already provided a 

copy of each such permit to the State 

and notified the permit holders of the 

transfer. 

EPA will retain PSD permit 

implementation authority for those 

specific sources within the State that 

have submitted PSD permit applications 

to EPA and for which EPA has issued 

a proposed PSD permit decision, but for 

which final agency action and/or the 

exhaustion of all administrative and 

judicial appeals processes (including 

any associated remand actions) have not 

yet been concluded or completed upon 

the effective date of EPA’s final SIP 

approval action. The State intends to 

assume full PSD responsibility for the 

administration and implementation of 

such PSD permits upon notification 

from EPA that all administrative and 

judicial appeals processes and any 

associated remand actions have been 

completed or concluded for any such 

permit application. We will act on their 

delegation request at that point. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); and is therefore, not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. because this 

SIP approval and FIP rescission under 

section 110 and part C of the Clean Air 

Act will not in-and-of itself create any 

new information collection burdens but 

simply transfers the permitting 

authority from EPA to the State. Burden 

is defined at 5 CFR 1320.3(b). Because 

this final action does not impose an 

information collection burden, the 

Paperwork Reduction Act does not 

apply. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

This rule will transfer the permitting 

responsibility of GHG emissions from 

EPA to the State of Wyoming. This final 

rule will lead to permitting 

requirements for certain sources of GHG 

emissions; however, these sources are 

large emitters of GHGs and tend to be 

large sources. Further, this rule will not 

have a significant impact on a 

substantial number of small entities 

because SIP approvals under section 

110 and part C of the Clean Air Act do 

not create any new requirements but 

simply approve requirements that are 

already being imposed under federal 

and state regulations. After considering 

the economic impacts of this rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. This final rule will not impose 

any requirements on small entities. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. This 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action transfers the permitting 

responsibility of GHG emissions from 

EPA to the State of Wyoming. Small 

governments are not impacted. 

E. Executive Order 13132—Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on Wyoming, on the 

relationship between the national 

government and the State of Wyoming, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The CAA 

specifies conditions under which states 

may request, and EPA may approve 

state implementation of CAA 

requirements. This rulemaking approves 

PSD permitting provisions in the State 

of Wyoming for GHG emissions, and as 

a consequence of the SIP approval, 

simultaneously rescinds federal PSD 

permitting responsibility for GHG 

emissions in Wyoming. This rulemaking 

is pursuant to the SIP approval and 

requirements of the CAA. As such, this 

final rule does not change the balance 

of power between Wyoming and EPA as 

provided for in the CAA. Thus, 

Executive Order 13132 does not apply 

to this action. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and state and local governments, EPA 

specifically solicited comment on the 

proposed action from state and local 

officials. EPA received no comments 


ehiers on DSK2VPTVN1PROD with RULES
70000 Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Rules and Regulations 

from state or local governments on this 

rulemaking other than from the WDEQ. 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). In this action, EPA is not 

addressing any Tribal Implementation 

Plans. This action is limited to 

Wyoming’s SIP, which does not apply 

in Indian country. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045—Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because EPA is approving 

revisions to the Wyoming SIP for 

permitting of GHG emissions, as 

authorized by the CAA. 

H. Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This action does 

not involve technical standards. 

Therefore, EPA did not consider the use 

of any voluntary consensus standards. 

J. Executive Order 12898—Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it 

increases the level of environmental 

protection for all affected populations 

without having any disproportionately 

high and adverse human health or 

environmental effects on any 

population, including any minority or 

low-income population. This final rule 

approves the Wyoming SIP as meeting 

Federal requirements for GHG PSD 

permitting and transfers authority to the 

State for permitting GHG emissions 

subject to PSD requirements; it imposes 

no additional requirements beyond 

those imposed by Wyoming law.K. 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 21, 2014. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, and Incorporation by 

reference. 

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

Dated: November 14, 2013. 

Gina McCarthy, 

Administrator, U.S. EPA. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority for citation for Part 52 

continues to read as follows: 

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

Subpart A—General Provisions 

§ 52.37 [Amended] 

■ 2. Section 52.37 is amended by 

removing and reserving paragraph 

(b)(6). 

Subpart ZZ—Wyoming 

■ 3. Section 52.2620, the table in 

paragraph (c)(1) is amended by: 

■ a. Under Chapter 1, revise the entry 

for Section 3; 

■ b. Under Chapter 1, add the entry for 

Section 7; and 

■ c. Under Chapter 6, revise the entry 

for Section 4. 

The addition and revisions read as 

follows: 

§ 52.2620 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 


ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Rules and Regulations 70001 

State citation Title/Subject State adopted and 

effective date EPA Approval date and citation Explanations 

Chapter 1 

*******

Section 3 .......................... Definitions ....................... 10/5/12, 2/14/13 ... 11/22/13, [insert FEDERAL REGISTER page number 

where document begins].

* * * * * * * 

Section 7 .......................... Greenhouse gases ......... 10/5/12, 2/14/13 ... 11/22/13, [insert FEDERAL REGISTER page number 

where document begins].

* * * * * * * 

Chapter 6 

*******

Section 4 .......................... Prevention of significant 

deterioration.

10/5/12, 2/14/13 ... 11/22/13, [insert FEDERAL REGISTER page number 

where document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2013–27997 Filed 11–21–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket Nos. FWS–R1–ES–2012–0017; 

FWS–R1–ES–2013–0012; 4500030113] 

RIN 1018–AX72; 1018–AZ54 

Endangered and Threatened Wildlife 

and Plants; Threatened Status and 

Designation of Critical Habitat for 

Eriogonum codium (Umtanum Desert 

Buckwheat) and Physaria douglasii 

subsp. tuplashensis (White Bluffs 

Bladderpod); Delay of Effective Dates 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rules; delay of effective 

dates. 

SUMMARY: This document delays for an 

additional 4 weeks the effective date of 

two rules to conserve Eriogonum 

codium (Umtanum desert buckwheat) 

and Physaria douglasii subsp. 

tuplashensis (White Bluffs bladderpod). 

Both rules had an effective date of 

November 22, 2013. We are taking this 

action to allow time for us to address 

additional public comments received on 

the rules. 

DATES: The effective dates of both the 

‘‘Threatened Status for Eriogonum 

codium (Umtanum Desert Buckwheat) 

and Physaria douglasii subsp. 

tuplashensis (White Bluffs 

Bladderpod)’’ (78 FR 23984; April 23, 

2013) and ‘‘Designation of Critical 

Habitat for Eriogonum codium 

(Umtanum Desert Buckwheat) and 

Physaria douglasii subsp. tuplashensis 

(White Bluffs Bladderpod)’’ (78 FR 

24008; April 23, 2013) are delayed until 

December 20, 2013. 

ADDRESSES: You may obtain copies of 

these rules and related materials at 

http://www.regulations.gov in Dockets 

FWS–R1–ES–2012–0017 (for the listing 

rule) and FWS–R1–ES–2013–0012 (for 

the critical habitat rule). 

FOR FURTHER INFORMATION CONTACT: Ken 

Berg, Manager, U.S. Fish and Wildlife 

Service, Washington Fish and Wildlife 

Office, 510 Desmond Drive, Suite 102, 

Lacey, Washington 98503–1263, by 

telephone (360) 753–9440, or by 

facsimile (360) 753–9405. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: Under the 

authority of the Endangered Species Act 

(Act) (16 U.S.C. 1531 et seq.), the U.S. 

Fish and Wildlife Service issued the 

following two rules on April 23, 2013: 

‘‘Endangered and Threatened Wildlife 

and Plants; Threatened Status for 

Eriogonum codium (Umtanum Desert 

Buckwheat) and Physaria douglasii 

subsp. tuplashensis (White Bluffs 

Bladderpod)’’ (78 FR 23984) and 

‘‘Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for Eriogonum codium 

(Umtanum Desert Buckwheat) and 

Physaria douglasii subsp. tuplashensis 

(White Bluffs Bladderpod)’’ (78 FR 

24008). The final rule pertaining to 

threatened status implements the 

Federal protections provided by the Act 

for these species. The critical habitat 

final rule conserves both species’ habitat 

under the Act. Both rules had an 

effective date of May 23, 2013. 

On May 23, 2013, we delayed for 6 

months the effective date of the rules to 

November 22, 2013 (78 FR 30772). The 

delay in effective date was necessary to 

allow us time to follow proper 

procedure in accordance with 16 U.S.C. 

section 1533(b)(5). In fulfilling that 

responsibility, we also decided to accept 

and consider additional public 

comments on the rules. Accordingly, on 

May 23, 2013, we also announced the 

reopening of the public comment 

periods (78 FR 30839) on the May 15, 

2012, proposed listing and designation 

of critical habitat for the Umtanum 

desert buckwheat and White Bluffs 

bladderpod (77 FR 28704). On July 11, 

2013, we held two public hearings on 

the proposed rules (78 FR 38895; June 

28, 2013). The second comment period 

closed July 22, 2013. 

We are further delaying the effective 

dates of these rules an additional 4 

weeks to allow us adequate time to fully 

consider the additional public 

comments we received on these 

rulemaking actions. We believe this 

additional time is necessary for us to 

carry out our responsibility under the 

Act to take actions to conserve these 

species based on the best scientific and 

commercial data available. To the extent 

that 5 U.S.C. section 553 applies to this 

situation, this action is exempt from 

notice and comment because it 

constitutes a rule of procedure under 5 

U.S.C. section 553(b)(A). 

Dated: 18 November 2013. 

Rachel Jacobsen, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2013–28146 Filed 11–21–13; 8:45 am] 

BILLING CODE 4310–55–P 


ehiers on DSK2VPTVN1PROD with RULES