Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Proposed Rules 71373 

12Further information concerning EPA’s 

interpretations regarding MVEBs can be found in 

the preamble to EPA’s November 24, 1993, 

transportation conformity rule (see 58 FR 62193— 

62196). 

13Limited Maintenance Plan Guidance at 4. 

October 6, 1995. 

Program (TIP) are consistent with the 

motor vehicle emission budget (MVEB) 

contained in the control strategy SIP 

revision or maintenance plan (40 CFR 

93.101, 93.118, and 93.124). A MVEB is 

defined as the level of mobile source 

emissions of a pollutant relied upon in 

the attainment or maintenance 

demonstration to attain or maintain 

compliance with the NAAQS in the 

nonattainment or maintenance area.12

Under the LMP policy, emissions 

budgets are treated as essentially not 

constraining for the length of the 

maintenance period. While EPA’s LMP 

guidance does not exempt an area from 

the need to affirm conformity, it 

explains that the area may demonstrate 

conformity without submitting a MVEB. 

This is because it is unreasonable to 

expect that an LMP area will experience 

so much growth in that period that a 

violation of the CO NAAQS would 

result.13 Therefore, for the Billings CO 

maintenance area, all actions that 

require conformity determinations for 

CO under our conformity rule 

provisions are considered to have 

already satisfied the regional emissions 

analysis and ‘‘budget test’’ requirements 

in 40 CFR 93.118. 

Since LMP areas are still maintenance 

areas, certain aspects of transportation 

conformity determinations still will be 

required for transportation plans, 

programs and projects. Specifically, for 

such determinations, RTPs, TIPs and 

projects must still demonstrate that they 

are fiscally constrained (40 CFR 93.108) 

and meet the criteria for consultation 

and Transportation Control Measure 

implementation in the conformity rule 

provisions (40 CFR 93.112 and 40 CFR 

93.113, respectively). In addition, 

projects in LMP areas still will be 

required to meet the applicable criteria 

for CO hot spot analyses to satisfy 

‘‘project level’’ conformity 

determinations (40 CFR 93.116 and 40 

CFR 93.123), which must also 

incorporate the latest planning 

assumptions and models available (40 

CFR 93.110 and 40 CFR 93.111, 

respectively). 

In view of the CO LMP policy, the 

effect of this proposed approval will be 

to affirm our adequacy finding such that 

no regional emissions analyses for 

future transportation CO conformity 

determinations are required for the CO 

LMP period and beyond (as per EPA’s 

CO LMP policy and 40 CFR 93.109(e)). 

V. Proposed Action 

EPA is proposing to approve the 

revised Billings Maintenance Plan 

submitted on July 13, 2011. This 

maintenance plan meets the applicable 

CAA requirements and EPA has 

determined it is sufficient to provide for 

maintenance of the CO NAAQS over the 

course of the second 10-year 

maintenance period out to 2022. 

EPA is also proposing to approve the 

State’s Alternative Monitoring Strategy 

for the Billings CO maintenance area. 

We do not propose to approve 

application of the Alternative 

Monitoring Strategy in other areas of 

Montana with this action, as the 

Alternative Monitoring Strategy must be 

considered on a case-by-case basis 

specific to the circumstances of each 

particular CO maintenance area rather 

than broadly. 

VI. Statutory and Executive Orders 

Review 

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 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 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 (Public Law 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

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

Dated: November 10, 2014. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2014–28390 Filed 12–1–14; 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–2013–0011; 

4500030114] 

RIN 1018–AZ44 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Western Distinct 

Population Segment of the YellowBilled Cuckoo (Coccyzus americanus) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; notice of public 

hearing. 

SUMMARY: On August 15, 2014, we, the 

U.S. Fish and Wildlife Service (Service), 

announced a proposal to designate 

critical habitat for the western distinct 

population segment of the yellow-billed 

cuckoo (western yellow-billed cuckoo) 

under the Endangered Species Act of 

1973, as amended (Act). On November 

12, 2014, the public comment period 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

71374 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Proposed Rules 

was reopened for an additional 60 days 

until January 12, 2015. We now 

announce a public hearing in California. 

The public hearing will provide an 

opportunity for the public to provide 

comments and testimony on the 

proposed designation of critical habitat 

for the western yellow-billed cuckoo. 

Comments previously submitted need 

not be resubmitted, as they will be fully 

considered in preparation of the final 

rule. 

DATES: We request that comments on 

this proposal be submitted by the close 

of business on January 12, 2015. 

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 Hearing: We will hold a public 

hearing on the proposed critical habitat 

rule on December 18, 2014; see 

ADDRESSES for location: 

• Sacramento, CA: Public Hearing 

from 2 p.m. to 4 p.m. Registration to 

present oral comments on the proposed 

designation at the public hearing will 

begin at 1:30 p.m. prior to the start of 

the hearing. 

ADDRESSES: Document availability: You 

may obtain a copy of the proposed rule, 

economics screening memo, and 

incremental effects memo on the 

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

Docket No. FWS–R8–ES–2013–0011, or 

contact the U.S. Fish and Wildlife 

Service, Sacramento Fish and Wildlife 

Office (see FOR FURTHER INFORMATION

CONTACT), or by mail from U.S. Fish and 

Wildlife Service, Sacramento Fish and 

Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). 

Public Hearing: The public hearing 

will be located in: Sacramento, 

California—Double Tree Inn, 2001 Point 

West Way, Sacramento, CA 95815. 

Comment Submission: You may 

submit 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–2013–0011, which is 

the docket number for this rulemaking. 

Then, in the Search panel on the left 

side of the screen, under the Document 

Type heading, click on the Proposed 

Rule link to locate the document. You 

may submit a comment by clicking on 

‘‘Comment Now!’’ 

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

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R8–ES–2013– 

0011; Division of Policy and Directives 

Management; U.S. Fish & Wildlife 

Headquarters, MS: BPHC, 5275 Leesburg 

Pike, Falls Church, VA 22041–3803. 

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 

Information Requested section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: For 

information about the proposed 

designation, contact Jennifer Norris, 

Field Supervisor, U.S. Fish and Wildlife 

Service, Sacramento Fish and Wildlife 

Office, 2800 Cottage Way, W–2605, 

Sacramento, California 95825; by 

telephone 916–414–6600; or by 

facsimile 916–414–6712. Information is 

also available at the Sacramento Fish 

and Wildlife Office Web site at http:// 

www.fws.gov/sacramento. 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 

On August 15, 2014, we published in 

the Federal Register a proposed rule to 

designate critical habitat for the western 

distinct population segment (DPS) of the 

yellow-billed cuckoo (western yellowbilled cuckoo) (Coccyzus americanus) 

under the Endangered Species Act (79 

FR 48548). In total, approximately 

546,335 acres (221,094 hectares) are 

being proposed for designation as 

critical habitat in Arizona, California, 

Colorado, Idaho, Nevada, New Mexico, 

Texas, Utah, and Wyoming for the 

western yellow-billed cuckoo under the 

Act. During the public comment period, 

we received requests to hold a public 

hearing on the proposed designation. 

On November 12, 2014, we published in 

the Federal Register a notice reopening 

the comment period on the proposed 

critical habitat designation until January 

12, 2015 (79 FR 67154). 

Information Requested 

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 other concerned 

Federal and State agencies, the scientific 

community, or any other interested 

party concerning the proposed critical 

habitat designation. Please see the 

Information Requested section of the 

August 15, 2014, proposed critical 

habitat rule for a list of the comments 

that we particularly seek (79 FR 48548– 

48549). 

For more background on our proposed 

designation, see the August 15, 2014, 

Federal Register (79 FR 48548). The 

proposed rule is available at the Federal 

eRulemaking Portal at http://

www.regulations.gov or the Sacramento 

Fish and Wildlife Office at http://

www.fws.gov/sacramento (see 

ADDRESSES). 

If you previously submitted 

comments or information on the 

proposed rule, please do not resubmit 

them. We have incorporated them into 

the public record, and we will fully 

consider them in our final rulemaking. 

Our final determination concerning this 

proposed rulemaking will take into 

consideration all written comments and 

any additional information we receive. 

Please note that 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, as 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 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 

information via http://

www.regulations.gov, your entire 

submission—including any personal 

identifying information—will be posted 

on the Web site. If your submission is 

made via a hardcopy 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. 

We will post all hardcopy submissions 

on http://www.regulations.gov. 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 the proposed 

designation, 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, Sacramento Fish and Wildlife 

Office (see FOR FURTHER INFORMATION

CONTACT). 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Proposed Rules 71375 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

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

Dated: November 20, 2014. 

Michael Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2014–28330 Filed 12–1–14; 8:45 am] 

BILLING CODE 4310–55–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS