16512 Federal Register / Vol. 77, No. 55 / Wednesday, March 21, 2012 / Proposed Rules 

We are proposing to approve the Title 

V program revisions submitted by 

VCAPCD because the GHG provisions of 

the revised rules are consistent with 

EPA’s approach to Title V in the 

Tailoring Rule, and the revision to the 

definition of ‘‘Federally-Enforceable 

Requirement’’ clarifies the definition 

and is consistent with EPA’s definition 

of ‘‘applicable requirement’’ in 40 CFR 

70.2. 

C. Public Comment and Proposed 

Action 

EPA believes the submitted rules 

fulfill all of the Tailoring Rule’s Title V 

requirements; therefore we are 

proposing to approve these rule 

changes, adopted in 2010 and 2011, as 

revisions to the Title V programs of all 

five districts. We will accept comments 

from the public on this proposal for the 

next 30 days. Unless we receive 

convincing new information during the 

comment period, we intend to publish 

a final approval action. 

IV. Statutory and Executive Order 

Reviews 

Today’s proposed action merely 

proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed 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 

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, this proposed action does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the action 

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 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon dioxide, 

Carbon dioxide equivalents, Greenhouse 

gases, Hydrofluorocarbons, 

Intergovernmental relations, Methane, 

Nitrous oxide, Perfluorocarbons, 

Reporting and recordkeeping 

requirements, Sulfur hexafluoride, 

Incorporation by Reference. 

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

Dated: March 8, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–6676 Filed 3–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R1–ES–2011–0096; 

4500030114] 

RIN 1018–AX38 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Southern Selkirk 

Mountains Population of Woodland 

Caribou (Rangifer tarandus caribou) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period and announcement of 

public hearing. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the comment period on our 

November 30, 2011, proposed rule to 

designate critical habitat for the 

southern Selkirk Mountains population 

of woodland caribou (Rangifer tarandus 

caribou) under the Endangered Species 

Act of 1973, as amended (Act). We are 

reopening the public comment period to 

allow all interested parties another 

opportunity to comment on the 

proposed rule. Comments previously 

submitted need not be resubmitted and 

will be fully considered in preparation 

of the final rule. We will also hold a 

public informational session and 

hearing (see DATES and ADDRESSES). 

DATES: Written Comments: We will 

consider comments received or 

postmarked on or before May 21, 2012. 

Comments must be received by 

11:59 p.m. Eastern Standard Time on 

the closing date. 

Public informational session and 

public hearing: We will hold a public 

informational session from 9:30 a.m. to 

11:30 a.m., followed by a public hearing 

from 2 p.m. to 5 p.m., on April 28, 2012, 

in Bonners Ferry, Idaho (see 

ADDRESSES). 

ADDRESSES: Written Comments: You 

may submit comments by one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. In the 

Search box, enter the Docket number for 

this proposed rule, which is FWS–R1– 

ES–2011–0096. Please ensure that you 

have found the correct rulemaking 

before submitting your comment. 

(2) U.S. mail or hand delivery: Public 

Comments Processing, Attn: Docket No. 

FWS–R1–ES–2011–0096; Division of 

Policy and Directives Management; U.S. 

Fish and Wildlife Service; 4401 N. 

Fairfax Drive, MS 2042–PDM; 

Arlington, VA 22203. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

Public informational session and 

public hearing: The public 

informational session and hearing will 

be held at the Bonners Ferry High 

School, 6485 Tamarack Lane, Bonners 

Ferry, ID 83805. People needing 

reasonable accommodations in order to 

attend and participate in the public 

hearing should contact Brian Kelly, 

State Supervisor, Idaho Fish and 

Wildlife Office, at (208) 378–5243, as 

soon as possible (see FOR FURTHER

INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Brian Kelly, State Supervisor, U.S. Fish 

and Wildlife Service, Idaho Fish and 

Wildlife Office, 1387 South Vinnell 

Way, Room 368, Boise, ID 83709; 

telephone 208–378–5243; facsimile 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 55 / Wednesday, March 21, 2012 / Proposed Rules 16513 

208–378–5262. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

It is our intent to discuss only those 

topics directly relevant to the proposed 

rule to designate critical habitat for the 

southern Selkirk Mountains population 

of woodland caribou. On November 30, 

2011, we published a proposed rule (76 

FR 74018) to designate critical habitat 

for the southern Selkirk Mountains 

population of woodland caribou. For a 

description of the previous Federal 

actions concerning the southern Selkirk 

Mountains population of woodland 

caribou, please refer to the proposed 

rule. In response to comments we 

received during the public comment 

period that opened on November 30, 

2011, and closed on January 30, 2012, 

we have decided to allow the public 

more time to submit comments, and to 

hold an informational session and 

public hearing (as described above). All 

details of the proposed critical habitat 

designation are provided in our 

November 30, 2011, proposed rule, 

available online at http:// 

www.regulations.gov, or by contacting 

the Idaho Fish and Wildlife Office (see 

FOR FURTHER INFORMATION CONTACT

section). 

We will announce the availability of 

the draft economic analysis of the 

proposed designation as soon as it is 

completed, at which time we will seek 

additional public review and comment 

both on the draft economic analysis as 

well as the proposed designation of 

critical habitat for the southern Selkirk 

Mountains population of woodland 

caribou. Copies of the draft economic 

analysis will be available for 

downloading from the Internet at 

http://www.regulations.gov, or from the 

Idaho Fish and Wildlife Office (see FOR

FURTHER INFORMATION CONTACT). 

Public Comments 

We will accept written comments and 

information during this reopened 

comment period for the proposed rule to 

designate critical habitat for the 

southern Selkirk Mountains population 

of woodland caribou that was published 

in the Federal Register on November 30, 

2011 (76 FR 74018). We intend that any 

final action resulting from this proposed 

rule will be based on the best scientific 

and commercial data available and be as 

accurate and as effective as possible. 

Therefore, we request comments or 

information from the public, other 

concerned government agencies, the 

scientific community, industry, or other 

interested parties concerning this 

proposed rule. We will consider 

information and recommendations from 

all interested parties. We are 

particularly interested in comments 

concerning: 

(1) The reasons why we should or 

should not designate habitat as ‘‘critical 

habitat’’ under section 4 of the Act (16 

U.S.C. 1531 et seq.), including whether 

there are threats to the southern Selkirk 

Mountains population of woodland 

caribou from human activity, the degree 

of which can be expected to increase 

due to the designation, such that the 

designation of critical habitat may not 

be prudent. 

(2) Specific information on: 

(a) The amount and distribution of 

habitat for the southern Selkirk 

Mountains population of woodland 

caribou in the United States; 

(b) What areas occupied at the time of 

listing that contain the physical and 

biological features essential to the 

conservation of the species should be 

included in the designation and why; 

and 

(c) Special management 

considerations or protections that may 

be needed in critical habitat areas we 

are proposing, including managing for 

the potential effects of climate change; 

and 

(d) What areas not occupied at the 

time of listing are essential for the 

conservation of the species and why. 

(3) Land use designations and current 

or planned activities in the subject areas 

and their possible impacts on proposed 

critical habitat. 

(4) Any probable economic, national 

security, or other relevant impacts of 

designating any area that may be 

included in the final designation. We 

are particularly interested in any 

impacts on small entities or families, 

and the benefits of including or 

excluding areas that exhibit these 

impacts. 

(5) Information on the projected and 

reasonably likely impacts of climate 

change on the southern Selkirk 

Mountains population of woodland 

caribou and the proposed critical 

habitat. 

(6) Whether any specific areas we are 

proposing for critical habitat 

designation should be considered for 

exclusion under section 4(b)(2) of the 

Act, and whether the benefits of 

potentially excluding any specific area 

outweigh the benefits of including that 

area under section 4(b)(2) of the Act and 

why. 

(7) Whether we could improve or 

modify our approach to designating 

critical habitat in any way to provide for 

greater public participation and 

understanding, or to better 

accommodate public concerns and 

comments. 

Public Informational Session and 

Public Hearing 

Section 4(b)(5)(E) of the Act requires 

that we hold one public hearing on a 

proposed regulation, if any person files 

a request for such a hearing within 45 

days after the date of publication of a 

general notice. At the request of the 

Governor of Idaho and the 

Commissioners of Boundary County, 

Idaho, we have scheduled an 

informational session (a brief 

presentation about the proposed rule 

with a question-and-answer period), and 

a public hearing (see DATES and 

ADDRESSES). Anyone wishing to make 

an oral statement at the public hearing 

for the record is encouraged to provide 

a written copy of their statement to us 

at the hearing. In the event there is a 

large attendance, the time allotted for 

oral statements may be limited. 

Speakers can sign up at the 

informational meeting and hearing if 

they desire to make an oral statement. 

Oral and written statements receive 

equal consideration. There are no limits 

on the length of written comments 

submitted to us. If you have any 

questions concerning the public 

hearing, please contact Brian Kelly, 

State Supervisor, Idaho Fish and 

Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). 

The Service has conducted several 

outreach efforts to be responsive to 

public requests for additional 

information. On January 9, 2012, we 

presented information on the proposed 

critical habitat designation in Bonners 

Ferry, Boundary County, Idaho, at the 

request of the Kootenai Valley Resource 

Initiative (KVRI), and on January 24, 

2012, we held an informational meeting 

in Priest Lake, at the request of the 

Bonner County, Idaho Commission. On 

February 13, 2012, we participated in a 

meeting in Boundary County, Idaho, 

sponsored by the KVRI, and on February 

28, 2012, we participated in another 

meeting with the Bonner County 

Commission; both meetings were open 

to the public. 

To ensure the final decision is based 

on the best available information, an 

additional informational session and 

public hearing will be announced 

concurrent with the forthcoming 

publication of a notice of availability for 

the draft economic analysis, which is 

currently under development. Prior to a 

final decision on the proposed critical 

habitat designation, the Service intends 

to conduct two public hearings, each 

preceded by an informational session. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
16514 Federal Register / Vol. 77, No. 55 / Wednesday, March 21, 2012 / Proposed Rules 

We will also continue with our ongoing 

outreach efforts, such as those described 

above, as needs and opportunities to do 

so arise. 

Our final determination concerning 

critical habitat for the southern Selkirk 

Mountains population of woodland 

caribou will take into consideration all 

written comments we receive during the 

comment period, comments from peer 

reviewers, comments and public 

testimony received during the public 

hearings, and any additional 

information we receive in response to 

the forthcoming notice of availability of 

the draft economic analysis. All 

comments will be included in the 

public record for this rulemaking. On 

the basis of peer reviewer and public 

comments, we may, during the 

development of our final determination, 

find that areas within the proposed 

designation do not meet the definition 

of critical habitat, that some 

modifications to the described 

boundaries are appropriate, or that areas 

may or may not be appropriate for 

exclusion under section 4(b)(2) of the 

Act. 

If you previously submitted 

comments or information on this 

proposed rule, please do not resubmit 

them. We will incorporate them into the 

public record as part of this comment 

period, and will fully consider them in 

the preparation of our final 

determination. 

You may submit your comments and 

materials concerning our proposed rule 

by one of the methods listed in 

ADDRESSES. 

We will post your entire comment— 

including any personal identifying 

information—on http:// 

www.regulations.gov. If you provide 

personal identifying information, such 

as your street address, phone number, or 

email address, you may request at the 

top of your document that we withhold 

this personal identifying information 

from public review. However, we 

cannot guarantee that we will be able to 

do so. Please include sufficient 

information with your comments to 

allow us to verify any scientific or 

commercial information you include. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Idaho Fish and Wildlife Office 

(see FOR FURTHER INFORMATION CONTACT). 

You may obtain copies of the proposed 

rule on the Internet at http:// 

www.regulations.gov at Docket No. 

FWS–R1–ES–2011–0096, or by mail 

from the Idaho Fish and Wildlife Office 

(see FOR FURTHER INFORMATION CONTACT). 

Authors 

The primary authors of this notice are 

the staff of the Idaho Fish and Wildlife 

Field Office, Region 1, U.S. Fish and 

Wildlife Service. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: March 12, 2012. 

Rachel Jacobson, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2012–6853 Filed 3–20–12; 8:45 am] 

BILLING CODE 4310–55–P 


srobinson on DSK4SPTVN1PROD with PROPOSALS