3422 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Do 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, these actions do 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: January 11, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2012–1356 Filed 1–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2011–0848; FRL–9620–7] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; State of West 

Virginia; Control of Emissions From 

Existing Hospital/Medical/Infectious 

Waste Incinerator Units, Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve a 

revision to the West Virginia hospital/ 

medical/infectious waste incinerator 

(HMIWI) Section 111(d)/129 plan (the 

‘‘plan’’). The revision contains a 

modified state rule for solid waste 

combustion that was updated as a result 

of the October 6, 2009 amendments to 

federal Emission Guidelines (EG) and 

New Source Performance Standards 

(NSPS), 40 CFR part 60, subparts Ce and 

Ec respectively. This revision and 

approval action relate only to HMIWI 

units. In the Final Rules section of this 

Federal Register, EPA is approving the 

State of West Virginia’s HMIWI plan 

revision submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

action 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 action, 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. 

DATES: Comments must be received in 

writing by February 23, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0848 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0848, 

Kathleen Cox, Associate Director, Office 

of Air Permits and Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0848. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. 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: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia Division 

of Air Quality, 601 57th Street SE., 

Charleston, West Virginia 25304. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 3423 

FOR FURTHER INFORMATION CONTACT: 

Mike Gordon, at (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: January 5, 2012. 

W.C. Early, 

Acting Regional Administrator, EPA Region 

III. 

[FR Doc. 2012–1338 Filed 1–23–12; 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–2011–0110; 

4500030114] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the ‘I’iwi as 

Endangered or Threatened 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90-day 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 

‘i’iwi (Vestiaria coccinea) as endangered 

or threatened under the Endangered 

Species Act of 1973, as amended (Act), 

and designate critical habitat. Based on 

our review, we find that the petition 

presents substantial information 

indicating that listing the ‘i’iwi 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 ‘i’iwi 

as endangered or threatened 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 section 4(b)(3)(B) of the Act. 

DATES: To allow us adequate time to 

conduct this review, we request that we 

receive information on or before March 

26, 2012. 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. After March 26, 2012, you 

must submit information directly to the 

Pacific Islands Fish and Wildlife Office 

(see FOR FURTHER INFORMATION CONTACT

section below). Please note that we 

might not be able to fully address or 

incorporate information that we receive 

after the above requested date. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for FWS– 

R1–ES–2011–0110, which is the docket 

number for this finding. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R1– 

ES–2011–0110; 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). 

FOR FURTHER INFORMATION CONTACT: 

Loyal Mehrhoff, Field Supervisor, 

Pacific Islands Fish and Wildlife Office, 

300 Ala Moana Boulevard, Room 3–122, 

Honolulu, HI 96850; by telephone (808– 

792–9400); or by facsimile (808–792– 

9581). If you use a telecommunications 

device for the deaf (TTD), 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 ‘i’iwi from 

governmental agencies, the cultural 

community, 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; 

(b) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(c) Disease or predation; 

(d) The inadequacy of existing 

regulatory mechanisms; or 

(e) Other natural or manmade factors 

affecting its continued existence. 

(3) The potential cumulative effects of 

these factors that may endanger or 

threaten the ‘i’iwi. 

(4) Management programs for the 

conservation of the ‘i’iwi. 

(5) The potential effects of climate 

change on the ‘i’iwi and its habitat. 

If, after the status review, we 

determine that listing the ‘i’iwi is 

warranted, we will propose critical 

habitat (see definition in section 3(5)(A) 

of the Act) under section 4 of the Act, 

to the maximum extent prudent and 

determinable, at the time we propose to 

list the species. Therefore, within the 

geographical range currently occupied 

by the ‘i’iwi, we also request data and 

information on: 

(1) What may constitute ‘‘physical or 

biological features essential to the 

conservation of the species,’’ 

(2) Where these features are currently 

found, and 

(3) Whether any of these features may 

require special management 

considerations or protection. 

In addition, we request data and 

information on ‘‘specific areas outside 

the geographical area occupied by the 

species’’ that are ‘‘essential to the 

conservation of the species.’’ Please 

provide specific comments and 

information as to what, if any, critical 

habitat you think we should propose for 

designation if the species is proposed 

for listing, and why such habitat meets 

the requirements of section 4 of the Act. 

Please include sufficient information 

with your submission (such as scientific 

journal articles or other publications) to 

allow us to verify any scientific or 

commercial information you include. 

Submissions merely stating support 

for or opposition to the action under 

consideration without providing 

supporting information, although noted, 

will not be considered in making a 

determination. Section 4(b)(1)(A) of the 

Act directs that determinations as to 

whether any species is an endangered or 

threatened species must be made 

‘‘solely on the basis of the best scientific 

and commercial data available.’’ 

You may submit your information 

concerning this status review by one of 

the methods listed in the ADDRESSES


srobinson on DSK4SPTVN1PROD with PROPOSALS