41146 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Proposed Rules 

8EPA recently extended the grace period to use 

MOVES for regional emissions analysis in 

conformity determinations to March 2, 2013 (77 FR 

11394). 

announcement of this model, EPA 

established a two-year grace period for 

continued use of MOBILE6 in regional 

emissions analyses for transportation 

plan and TIP conformity determinations 

(extending to March 2, 2012),8 after 

which states (other than California) 

must use MOVES in conformity 

determinations for TIPs. As stated above 

MOBILE6.2 was the applicable mobile 

source emissions model that was 

available when this SIP was submitted. 

EPA’s ‘‘Policy Guidance on the Use of 

MOVES2010 and Subsequent Minor 

Revisions for State Implementation Plan 

Development, Transportation 

Conformity, and Other Purposes’’ 

(http://www.epa.gov/otaq/models/ 

moves/documents/420b12010.pdf) 

explains that the Clean Air Act does not 

require states that have already 

submitted SIPs to revise these SIPs 

simply because a new motor vehicle 

emissions model is now available. The 

guidance further states that the use of 

MOBILE6.2 in an already submitted SIP 

should not be an obstacle to approval of 

that SIP assuming that it is otherwise 

approvable because it would be 

unreasonable to require revision to a SIP 

which in this case was submitted prior 

to the release of MOVES. In this 

instance the on-road emissions of NOX

and PM2.5 represent such a small 

percentage of the inventory in the 

Alabama portion of the Area (less than 

1 percent of the total inventory) that 

recalculating the on-road emissions 

with MOVES would not result in a 

change in the proposed conclusion that 

on-road emissions meet the 

insignificance criteria in the 

transportation conformity rule. 40 CFR 

93.109(f). 

V. Proposed Action 

EPA is proposing to approve 

Alabama’s annual PM2.5 attainment plan 

for the Alabama portion of the 

Chattanooga Area. EPA has 

preliminarily determined that the SIP 

meets applicable requirements of the 

CAA, as described in the PM2.5

Implementation Rule. Specifically, EPA 

is proposing to approve Alabama’s 

attainment demonstration, including the 

RACM/RACT analysis; RFP analysis; 

and, for transportation conformity 

purposes, an insignificance 

determination for PM2.5 and NOX for the 

mobile source contribution to ambient 

PM2.5 levels for the State’s portion of the 

Chattanooga Area. The requirement for 

a RFP plan is satisfied because Alabama 

demonstrated attainment of the 1997 

PM2.5 NAAQS in the Area by April 5, 

2010. Also, because EPA has previously 

determined that the Area has attained 

by the attainment date, the contingency 

measures submitted by Alabama are no 

longer necessary for the Chattanooga 

Area to meet RFP requirements or to 

attain the 1997 Annual PM2.5 NAAQS 

by the attainment date. 

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 

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 CAA. Accordingly, this proposed 

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 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, October 7, 

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 CAA; 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 proposed 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

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

Dated: June 21, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–16959 Filed 7–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R09–OAR–2012–0286; FRL–9698–6] 

Delegation of National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories; Gila River 

Indian Community 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to section 112(l) of 

the Clean Air Act as amended in 1990, 

EPA is proposing to grant delegation of 

specific national emission standards for 

hazardous air pollutants (NESHAP) to 

the Gila River Indian Community 

Department of Environmental Quality in 

Arizona. 

DATES: Any comments on this proposal 

must arrive by August 13, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0286, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(AIR–4), U.S. Environmental Protection 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Proposed Rules 41147 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

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 

www.regulations.gov or email. 

www.regulations.gov 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 email 

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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105. While all documents 

in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in 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. 

FOR FURTHER INFORMATION CONTACT: 

Rynda Kay, EPA Region IX, (415) 947– 

4118, kay.rynda@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document concerns the delegation of 

unchanged NESHAP to the Gila River 

Indian Community Department of 

Environmental Quality (GRIC) in 

Arizona. In the Rules section of this 

Federal Register, EPA is granting GRIC 

the authority to implement and enforce 

specified NESHAP. The direct final rule 

also explains the procedure for future 

delegation of NESHAP to GRIC. EPA is 

taking direct final action without prior 

proposal because the Agency believes 

this action is not controversial. If we 

receive adverse comments, however, we 

will publish a timely withdrawal of the 

direct final rule and address the 

comments in a subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: June 22, 2012. 

Elizabeth Adams, 

Acting Director, Air Division, Region IX. 

[FR Doc. 2012–17030 Filed 7–11–12; 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–2011–0053: 

4500030114] 

RIN 1018–AX43 

Endangered and Threatened Wildlife 

and Plants; Designation of Revised 

Critical Habitat for the Southwestern 

Willow Flycatcher 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

on the August 15, 2011, proposed 

designation of revised critical habitat for 

the southwestern willow flycatcher 

(Empidonax traillii extimus) (flycatcher) 

under the Endangered Species Act of 

1973, as amended (Act). We are 

reopening the comment period to allow 

all interested parties an opportunity to 

comment on our amended required 

determinations and revisions to the 

proposed revised designation, which 

include additional areas as proposed 

critical habitat on two streams within 

the Santa Cruz Management Unit, 

Arizona, and revisions to areas being 

considered for exclusion under section 

4(b)(2) of the Act. We are accepting 

comments on the draft environmental 

assessment prepared in compliance 

with the National Environmental Policy 

Act (NEPA) and the draft economic 

analysis associated with the proposed 

rule. We are also providing notice of a 

public informational session and 

hearing (see DATES and ADDRESSES). 

Comments previously submitted need 

not be resubmitted, as they will be fully 

considered in preparation of the final 

rule. 

DATES: Written comments: We will 

consider comments received on or 

before September 10, 2012. Comments 

submitted electronically using the 

Federal eRulemaking Portal (see 

ADDRESSES section, below) must be 

received by 11:59 p.m. Eastern Time on 

the closing date. 

Public informational session and 

public hearing: We will hold a public 

hearing on August 16, 2012, in San 

Carlos, AZ (see ADDRESSES). The hearing 

is open to all who wish to provide 

formal, oral comments regarding the 

proposed rule, and will be held from 

6:30 p.m. to 8:00 p.m., with an 

informational session before the hearing 

from 3:00 p.m. to 4:30 p.m. During the 

informational session, Service 

employees will be available to provide 

information and answer questions. 

ADDRESSES: Document availability: You 

may obtain copies of the proposed rule, 

draft economic analysis, and draft 

environmental assessment on the 

internet at http://www.regulations.gov at 

Docket No. FWS–R2–ES–2011–0053 or 

by mail from the Arizona Ecological 

Services Office (see FOR FURTHER

INFORMATION CONTACT). 

Written comments: You may submit 

written comments by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Search for Docket 

No. FWS–R2–ES–2011–0053, which is 

the docket number for this rulemaking. 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R2–ES–2011– 

0053; 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 Apache Gold Convention 

Center, Highway 70, 5 miles East of 

Globe, in San Carlos, AZ 85550. People 

needing reasonable accommodations in 

order to attend and participate in the 

public hearing should contact Steve 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1