25242 Federal Register / Vol. 78, No. 83 / Tuesday, April 30, 2013 / Proposed Rules 

SIPs because these submittals have been 

addressed by other SIP revisions which 

EPA has or will be acting on in other 

rulemakings. 

EPA is soliciting public comments on 

the issues discussed in this proposal. 

These comments will be considered 

before EPA takes final action. Interested 

parties may participate in the Federal 

rulemaking procedure by submitting 

written comments to the EPA Regional 

Office listed in the ADDRESSES section of 

this Federal Register, or by submitting 

comments electronically, by mail, or 

through hand delivery or courier 

following the directions in the 

ADDRESSES section of this Federal 

Register. 

VIII. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the CAA 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: April 19, 2013. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2013–10168 Filed 4–29–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 61 

[EPA–R09–OAR–2011–0981; FRL 9806–2] 

Delegation of New Source 

Performance Standards and National 

Emission Standards for Hazardous Air 

Pollutants for the States of Arizona, 

California, and Nevada 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

updates to the Code of Federal 

Regulations delegation tables to reflect 

the current delegation status of New 

Source Performance Standards (NSPS) 

and National Emission Standards for 

Hazardous Air Pollutants (NESHAP) in 

Arizona, California, and Nevada. 

DATES: Any comments on this proposal 

must arrive by May 30, 2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0981, 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 

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: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

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: 

Adrianne Borgia at (415) 972–3576, 

borgia.adrianne@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal will update the delegation 

tables in Title 40 Code of Federal 

Regulation Parts 60 and 61, to allow 

easier access by the public to the status 

of NSPS and NESHAP delegations in 

Arizona, California, and Nevada. In the 

Rules and Regulations section of this 

Federal Register, we are updating these 

delegations tables in a direct final action 

without prior proposal because we 

believe these delegations are not 


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Federal Register / Vol. 78, No. 83 / Tuesday, April 30, 2013 / Proposed Rules 25243 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. 

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: April 12, 2013. 

Deborah Jordan, 

Director, Air Division, Region IX. 

[FR Doc. 2013–10176 Filed 4–29–13; 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–2012–0070; FWS– 

R1–ES–2013–0028; 4500030113] 

RIN 1018–AY09; 1018–AZ38 

Endangered and Threatened Wildlife 

and Plants; Listing 15 Species on 

Hawaii Island as Endangered and 

Designating Critical Habitat for 3 

Species 

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 comment period on our 

October 17, 2012, proposal to list 15 

species as endangered and designate 

critical habitat for 1 of these 15 species 

on the Hawaiian island of Hawaii, and 

to designate critical habitat for 2 plant 

species that are already listed as 

endangered, under the Endangered 

Species Act of 1973, as amended (Act). 

Critical habitat is not determinable for 

the remaining 14 species that we 

proposed to list in our October 17, 2012, 

proposed rule. We also announce the 

availability of a draft economic analysis 

(DEA) of the proposed designation and 

an amended required determinations 

section of the proposed designation. We 

are reopening the comment period to 

allow all interested parties an 

opportunity to comment simultaneously 

on the proposed rule, the associated 

DEA, and the amended required 

determinations section. In addition, we 

provide supplemental information on 

one of the species proposed for listing 

and seek comments on our proposal to 

list this species in light of this new 

information. Comments previously 

submitted on this rulemaking do not 

need to be resubmitted, as they will be 

fully considered in preparation of the 

final rule. We also announce a public 

hearing and public information meeting 

on our proposed rule and associated 

documents. 

DATES: The comment period for the 

proposed rule published October 17, 

2012, at 77 FR 63928, is reopened. 

Written Comments: We will consider 

comments received or postmarked on or 

before May 30, 2013. Please note 

comments submitted electronically 

using the Federal eRulemaking Portal 

(see ADDRESSES, below) must be 

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

the closing date. 

Public Information Meeting: We will 

hold a public information meeting in 

Kailua-Kona, Hawaii, on Wednesday, 

May 15, 2013, from 3 p.m. to 5 p.m. (see 

ADDRESSES below). 

Public Hearing: We will hold a public 

hearing in Kailua-Kona, Hawaii, on 

Wednesday, May 15, 2013, from 6 p.m. 

to 8 p.m. (see ADDRESSES below). 

ADDRESSES: Document Availability: You 

may obtain copies of the October 17, 

2012, proposed rule, this document, and 

the draft economic analysis at http:// 

www.regulations.gov at Docket Number 

FWS–R1–ES–2012–0070, from the 

Pacific Islands Fish and Wildlife 

Office’s Web site (http://www.fws.gov/ 

pacificislands/), or by contacting the 

Pacific Islands Fish and Wildlife Office 

directly (see FOR FURTHER INFORMATION

CONTACT). 

Written Comments: You may submit 

written comments by one of the 

following methods, or at the public 

information meeting or public hearing: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Submit comments 

on the listing proposal to Docket No. 

FWS–R1–ES–2012–0070, and submit 

comments on the critical habitat 

proposal, revisions, and associated draft 

economic analysis to Docket No. FWS– 

R1–ES–2013–0028. See SUPPLEMENTARY

INFORMATION for an explanation of the 

two dockets. 

(2) By hard copy: Submit comments 

on the listing proposal by U.S. mail or 

hand-delivery to: Public Comments 

Processing, Attn: FWS–R1–ES–2012– 

0070; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

Submit comments on the critical habitat 

proposal and draft economic analysis by 

U.S. mail or hand-delivery to: Public 

Comments Processing, Attn: FWS–R1– 

ES–2013–0028; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

MS 2042–PDM; Arlington, VA 22203. 

Public Information Meeting and 

Public Hearing: Both the public 

information meeting and the public 

hearing will be held in the Council 

Chambers of the West Hawaii Civic 

Center located at 74–5044 Ane 

Keohokalole Highway, Kailua-Kona, 

Hawaii 96740 (telephone 808–323– 

4444). 

We request that you send comments 

only by the methods described above. 

We will post all comments we receive 

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). 

FOR FURTHER INFORMATION CONTACT: 

Loyal Mehrhoff, Field Supervisor, 

Pacific Islands Fish and Wildlife Office, 

300 Ala Moana Boulevard, Box 50088, 

Honolulu, HI 96850; by telephone at 

808–792–9400; or by facsimile at 808– 

792–9581. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

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

SUPPLEMENTARY INFORMATION: We are 

proposing to list 15 species on the 

Hawaiian island of Hawaii as 

endangered: specifically, 2 animals 

(picture-wing fly (Drosophila digressa) 

and anchialine pool shrimp (Vetericaris 

chaceorum)) and 13 plants (Bidens 

hillebrandiana ssp. hillebrandiana, 

Bidens micrantha ssp. ctenophylla, 

Cyanea marksii, Cyanea tritomantha, 

Cyrtandra nanawaleensis, Cyrtandra 

wagneri, Phyllostegia floribunda, 

Pittosporum hawaiiense, Platydesma 

remyi, Pritchardia lanigera, Schiedea 

diffusa ssp. macraei, Schiedea 

hawaiiensis, and Stenogyne 

cranwelliae). We are proposing to 

designate critical habitat for 1 of these 

15 proposed species (Bidens micrantha 

ssp. ctenophylla), and for 2 plant 

species that are already listed as 

endangered (Isodendrion pyrifolium and 

Caesalpinia kavaiense (taxonomic 

revision proposed, to Mezoneuron 

kavaiense)). 

Public Comments 

We will accept written comments and 

information during this reopened 

comment period on our proposed listing 

determination and proposed critical 

habitat designation that was published 

in the Federal Register on October 17, 

2012 (77 FR 63928), our draft economic 

analysis of the proposed critical habitat 

designation, and the amended required 


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