62408 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Proposed Rules 

change the designation of Harrisburg 

and York Areas from nonattainment to 

attainment for the 1997 annual PM2.5

NAAQS, and the Harrisburg-York Area 

from nonattainment to attainment for 

the 2006 24-hour PM2.5 NAAQS. EPA is 

also proposing to approve the associated 

maintenance plans for the Areas as 

revisions to the Pennsylvania SIP 

because they meet the requirements of 

section 175A of the CAA as described 

previously in this proposed rulemaking 

notice. In addition, EPA is proposing to 

approve the 2007 base year emissions 

inventory as meeting the requirement of 

section 172(a)(3) of the CAA. 

Furthermore, EPA is proposing to 

approve the 2017 and 2025 PM2.5 and 

NOX MVEBs submitted by Pennsylvania 

for Cumberland, Dauphin, Lebanon, and 

York Counties for transportation 

conformity purposes. EPA is also 

initiating the process for determining 

whether the MVEBs are adequate for 

transportation conformity purposes. 

EPA’s proposed approval of 

Pennsylvania’s redesignation requests, 

maintenance plans, and MVEBs in 

today’s rulemaking action are 

contingent upon the lifting of the 

CSAPR stay. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this 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 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 rule proposing to 

approve Pennsylvania’s redesignation 

requests, maintenance plans, 2007 base 

year emissions inventory, and MVEBs 

for transportation conformity purposes 

for the Harrisburg and York Areas for 

the 1997 annual PM2.5 NAAQS and the 

Harrisburg-York Area for the 2006 24- 

hour PM2.5 NAAQS, 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, Incorporation by 

reference, Nitrogen oxides, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

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

Dated: September 30, 2014. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2014–24596 Filed 10–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2014–0007; 

FXES11130900000–156–FF09E42000] 

RIN 1018–AY82 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To Downlist the Arroyo Toad, 

and a Proposed Rule To Reclassify the 

Arroyo Toad as Threatened 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

on our March 27, 2014, proposed rule to 

reclassify the arroyo toad (Anaxyrus 

californicus) as threatened under the 

Endangered Species Act of 1973, as 

amended (Act). We are taking this 

action to solicit feedback on new 

information we received. Comments 

previously submitted need not be 

resubmitted, as they will be fully 

considered in preparation of the final 

listing determination. We anticipate 

publishing a final determination on or 

before March 27, 2015. 

DATES: We will consider comments 

received or postmarked on or before 

November 17, 2014. 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. Any comments that we 

receive after the closing date may not be 

considered in the final decision on this 

action. 

ADDRESSES: Document availability: You 

may obtain copies of the proposed rule 

and associated documents, including 

the new information discussed in this 

document, on the Internet at http://

www.regulations.gov at Docket No. 

FWS–R8–ES–2014–0007, or by 

contacting the U.S. Fish and Wildlife 

Service, Ventura Fish and Wildlife 

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. In the Search box, 

enter FWS–R8–ES–2014–0007, which is 

the docket number for the rulemaking. 

Then, in the Search panel on the left 

side of the screen, under the Document 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Proposed Rules 62409 

Type heading, click on the Proposed 

Rules link to locate the document. You 

may submit a comment by clicking on 

‘‘Comment Now!’’ 

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

to: Public Comments Processing, Attn: 

FWS–R8–ES–2014–0007; Division of 

Policy and Directives Management; U.S. 

Fish and Wildlife Service; MS: BPHC; 

5275 Leesburg Pike; Falls Church, VA 

22041–3803. 

We request that you send comments 

only by one of 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 Information Requested section, 

below, for more information). 

FOR FURTHER INFORMATION CONTACT: 

Stephen P. Henry, Field Supervisor, 

U.S. Fish and Wildlife Service, Ventura 

Fish and Wildlife Office, 2493 Portola 

Road, Suite B, Ventura, CA 93003; 

telephone 805–644–1766; facsimile 

805–644–3958. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

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

SUPPLEMENTARY INFORMATION: 

Background 

In December 2011, we received a 

petition to reclassify the arroyo toad 

from endangered to threatened, based 

on analysis and recommendations 

contained in our August 2009 5-year 

status review of the species. On June 4, 

2012, we published a 90-day finding 

that the petition presented substantial 

information indicating that reclassifying 

the arroyo toad may be warranted (77 

FR 32922) and initiated a status review. 

After review of all available scientific 

and commercial information, we found 

that the petitioned action was 

warranted, and we proposed to 

reclassify the arroyo toad from an 

endangered species to a threatened 

species on the Federal List of 

Endangered and Threatened Wildlife on 

March 27, 2014 (79 FR 17106). 

New Information 

Since publication of the March 27, 

2014, proposed rule, we have received 

new information that we are making 

available to the public prior to making 

a final determination on the proposed 

action. In accordance with the Service’s 

July 1, 1994, peer review policy (59 FR 

34270) and the Office of Management 

and Budget’s December 16, 2004, Final 

Information Quality Bulletin for Peer 

Review, the Service requested 

independent expert peer review of the 

proposed rule and supporting scientific 

analyses. The purpose of seeking 

independent peer review is to ensure 

use of the best scientific and 

commercial information available and to 

ensure and maximize the quality, 

objectivity, utility, and integrity of the 

information upon which the proposal is 

based, as well as to ensure that reviews 

by qualified experts are incorporated 

into the rulemaking process. One peer 

review was inadvertently not posted in 

the docket on http://

www.regulations.gov prior to May 27, 

2014 (the closing date of the March 27, 

2014, proposed rule’s comment period). 

We are making that peer review 

available now on http://

www.regulations.gov at Docket No. 

FWS–R8–ES–2014–0007. Additionally, 

reopening the comment period for the 

proposed rule will allow for submittal of 

additional peer reviews requested by the 

Service but not received during the 

previous comment period, as well as 

other public comments. Any additional 

peer reviews, as well as any other 

comments we receive, will be made 

available on http://www.regulations.gov 

at Docket No. FWS–R8–ES–2014–0007. 

Information Requested 

We will accept written comments and 

information during this reopened 

comment period on our proposed 

downlisting for the arroyo toad that 

published in the Federal Register on 

March 27, 2014 (79 FR 17106). We will 

consider information and 

recommendations from all interested 

parties. We intend that any final action 

resulting from the proposal be as 

accurate as possible and based on the 

best available scientific and commercial 

data. 

We are particularly interested in new 

information and comments regarding: 

(1) Reasons why we should or should 

not reclassify the arroyo toad under the 

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

(2) New biological or other relevant 

data concerning any threat (or lack 

thereof) to this species. 

(3) New information concerning the 

distribution and population size or 

trends of this species. 

(4) New information on the current or 

planned activities within the range of 

the arroyo toad that may adversely affect 

or benefit the species. 

(5) New information and data on the 

projected and reasonably likely impacts 

to the arroyo toad or its habitat 

associated with climate change. 

(6) New information on threats or 

impacts to the arroyo toad in the Mexico 

portion of its range. 

If you submitted comments or 

information on the proposed rule (79 FR 

17106) during the initial comment 

period from March 27, 2014, to May 27, 

2014, please do not resubmit them. We 

have incorporated them into the public 

record, and we will consider them in 

the preparation of our final 

determination. Our final determination 

concerning the proposed downlisting 

will take into consideration all written 

comments and any additional 

information we receive. 

You may submit your comments and 

materials concerning the proposed rule 

by one of the methods listed in 

ADDRESSES. We request that you send 

comments only by the methods 

described in ADDRESSES. 

If you submit a comment via http://

www.regulations.gov, your entire 

comment—including any personal 

identifying information—will be posted 

on the Web site. We will post all 

hardcopy comments on http://

www.regulations.gov as well. If you 

submit a hardcopy comment that 

includes personal identifying 

information, you may request at the top 

of your document that we withhold this 

information from public review. 

However, we cannot guarantee that we 

will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing the proposed 

downlisting rule will be available for 

public inspection on http://

www.regulations.gov at Docket No. 

FWS–R8–ES–2014–0007, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Ventura 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–R8–ES–2014–0007, or at the U.S. 

Fish and Wildlife Service, Ventura Fish 

and Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

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

Dated: October 6, 2014. 

Stephen Guertin, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2014–24548 Filed 10–16–14; 8:45 am] 

BILLING CODE 4310–55–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS