        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 52
        [EPA-R09-OAR-2006-0590; FRL-8213-4]
        Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Requests for Rescission

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Proposed rule.

          SUMMARY:
          EPA is proposing, under the Clean Air Act, approval of revisions to the applicable state implementation plan for the State of Nevada and disapproval of other revisions. These revisions involve certain regulations and statutes for which the State of Nevada is requesting rescission. EPA is also proposing approval of certain updated statutes submitted by the State of Nevada as replacements for outdated statutes in the applicable plan. The approval proposed herein is contingent upon receipt of certain public notice and hearing documentation from the State of Nevada. EPA is proposing this action under the Clean Air Act obligation to take action on State submittals of revisions to state implementation plans. The intended effect is to rescind unnecessary provisions from the applicable plan, retain necessary provisions, and approve replacement provisions for certain statutes for which rescissions are proposed for disapproval. EPA is taking comments on this proposal and plans to follow with a final action.

          DATES:
          Any comments must arrive by September 27, 2006.

          ADDRESSES:
          Submit comments, identified by docket number EPA-R09-OAR-2006-0590, by one of the following methods:
          1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions.
          2. E-mail: 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 http://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 e-mail. 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 e-mail directly to EPA, your e-mail 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.

            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. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), 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:
          Julie Rose, EPA Region IX, (415) 947-4126, rose.julie@epa.gov.

        SUPPLEMENTARY INFORMATION:
        Throughout this document, the terms “we,” “us” and “our” refer to EPA.

          Table of Contents
          I. The State's Submittal
          A. Which rules and statutes did the state submit for rescission?
          B. What is the regulatory history of the Nevada SIP?
          C. What is the purpose of this proposed rule?
          II. EPA's Evaluation and Action
          A. How is EPA evaluating the rules and statutes requested for rescission?
          B. Do the rescissions meet the evaluation criteria?
          C. Public Comment and Proposed Action
          III. Statutory and Executive Order Reviews

        I. The State's Submittal
        A. Which rules and statutes did the state submit for rescission?
        The State of Nevada's Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP) submitted a large revision to the applicable SIP on January 12, 2006. This 2006 SIP revision submittal supersedes the regulatory portion of the earlier SIP revision submittal dated February 16, 2005.1
           On March 26, 2006, we found that the Nevada SIP submittal dated January 12, 2006 satisfied the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review.

            1 The February 16, 2005 SIP submittal also includes documentation of public notice and hearing for new or amended rules. The January 12, 2006 SIP submittal was not a complete re-submittal of the earlier submittal in that it did not include this documentation.

        The primary purpose of this SIP revision is to clarify and harmonize the provisions approved by EPA into the applicable SIP with the current provisions adopted by the State. Because this revision incorporates so many changes from the 1970s and 1980s vintage SIP regulations, EPA has decided to review and act on the submittal in a series of separate actions. The first such action was proposed in the Federal Register on September 13, 2005 (70 FR 53975) and finalized on March 27, 2006 (71 FR 15040). The second such action was proposed in the Federal Register on June 9, 2006 (71 FR 33413).
        In today's action, we are taking another step in the process of acting on the State's January 12, 2006 SIP revision submittal by proposing action on the State's request for rescission of nearly 200 rules and statutes currently approved in the applicable SIP.2

           The remaining portions of the submittal will be acted on in future Federal Register actions.

            2 Of the nearly 200 rules and statutes for which NDEP requests rescission, we are proposing action today on all but 15, including 12 that we are deferring to separate rulemakings and 3 that we plan to take no action on. The rules and statutes that we are deferring include rule 25 of general order number 3 of the Nevada Public Service Commission; article 1.60—Effective date; article 1.72—Existing facility; NAC 445.535—Kilogram-calorie; NAC 445.655 Abbreviations; article 13.1.3(3) [related to minor source BACT]; article 16.3.3.1—Opacity from kilns; NAC 445.667—Excess emissions: scheduled maintenance, testing, malfunctions; NAC 445.694—Emission discharge information; NAC 445.706(2)—Application date; payment of fees; NAC 445.715—Operation permits: revocation; and NRS 704.820 to 704.900—Construction of utility facilities: utility environmental protection act. We do not plan to take action on article 1.207—vehicle trip, article 14 (14.1 to 14.5.1.4)—supplementary control system (submitted June 14, 1974), and article 14.1—supplementary control system (submitted November 17, 1981) because they are not in the applicable SIP.

        B. What is the regulatory history of the Nevada SIP?
        Pursuant to the Clean Air Amendments of 1970, the Governor of Nevada submitted the original Nevada SIP to EPA in January 1972. EPA approved certain portions of the original SIP and disapproved other portions under CAA section 110(a). See 37 FR 10842 (May 31, 1972). For some of the disapproved portions of the original SIP, EPA promulgated substitute provisions under CAA section 110(c).3
           This original SIP included various rules, codified as articles within the Nevada Air Quality Regulations (NAQR), and various statutory provisions codified in chapter 445 of the Nevada Revised Statutes (NRS). In the early 1980's, Nevada reorganized and re-codified its air quality rules into sections within chapter 445 of the Nevada Administrative Code (NAC). Today, Nevada codifies its air quality regulations in chapter 445B of the NAC and codifies air quality statutes in chapter 445B (“Air Pollution”) of title 40 (“Public Health and Safety”) of the NRS.

            3 Provisions that EPA promulgates under CAA section 110(c) in substitution of disapproved State provisions are referred to as Federal Implementation Plans (FIPs).

        Nevada adopted and submitted many revisions to the original set of regulations and statutes in the SIP, some of which EPA approved on February 6, 1975 at 40 FR 5508; on March 26, 1975 at 40 FR 13306; on January 9, 1978 at 43 FR 1341; on January 24, 1978 at 43 FR 3278; on August 21, 1978 at 43 FR 36932; on July 10, 1980 at 45 FR 46384; on April 14, 1981 at 46 FR 21758; on August 27, 1981 at 46 FR 43141; on March 8, 1982 at 47 FR 9833; on April 13, 1982 at 47 FR 15790; on June 18, 1982 at 47 FR 26386; on June 23, 1982 at 47 FR 27070; on March 27, 1984 at 49 FR 11626. Since 1984, EPA has approved very few revisions to Nevada's applicable SIP despite numerous changes that have been adopted by the State Environmental Commission. As a result, the version of the rules enforceable by NDEP is often quite different from the SIP version enforceable by EPA.
        C. What is the purpose of this proposed rule?

        The purpose of this proposal is to present EPA's conclusions with respect to the State's request contained in NDEP's January 12, 2006 SIP revision submittal for rescission of nearly 200 rules and statutes in the applicable SIP. We provide our reasoning in general terms below but provide a more detailed analysis for each of the relevant rules and statutes in the technical support document (TSD) that has been prepared for this proposed rulemaking.

        II. EPA's Evaluation and Action
        A. How is EPA evaluating the rules and statutes requested for rescission?
        Under CAA section 110(k)(2), EPA is obligated to take action on submittals by States of SIPs and SIP revisions. CAA section 110(k)(3) authorizes EPA to approve or disapprove, in whole or in severable part, such submittals. EPA has reviewed the regulations and statutes submitted on January 12, 2006 by NDEP for rescission for compliance with the CAA requirements for SIPs in general set forth in CAA section 110(a)(2) and 40 CFR part 51 and also for compliance with CAA requirements for SIP revisions in CAA sections 110(l) and 193.4
           We have also applied the principles set forth in a policy memorandum from Johnnie L. Pearson, Chief Regional Activities Section, U.S. EPA Office of Air Quality Planning and Standards, dated February 12, 1990, and entitled, “Review of State Regulation Recodifications.” As described below, EPA is proposing approval and disapproval of portions of the State's rescission request and approval of certain replacement provisions.

            4 CAA section 110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. CAA section 193 prohibits modifications in control requirements that were in effect before the CAA of 1990 in any nonattainment area unless the modification ensures equivalent or greater emission reductions of the nonattainment pollutant.

        B. Do the rescissions meet the evaluation criteria?
        We are proposing to approve most of the rules for which NDEP has requested rescission (see Table 1), but are proposing disapproval for rescission requests related to certain rules and statutes (see Table 2), and are proposing to approve submitted replacement provisions (see Table 3) for certain provisions for which we believe the State's rescission request should be disapproved.
        Table 1 lists all of the SIP (or FIP) provisions for which the State's rescission request is proposed for approval along with the related submittal and approval dates. The vast majority of the provisions in table 1 represent defined terms that, although approved by EPA and therefore made part of the applicable SIP, are not relied upon by any rule or statute in the existing applicable SIP nor in any rule or statute in the submitted SIP revision and thus are unnecessary and appropriate for rescission. We are also proposing approval of the rescission request with respect to certain other rules and statutes (and one FIP) that we have found to be unnecessary because they are not needed generally in a SIP under CAA section 110(a)(2) or under 40 CFR part 51 or because there are other federally enforceable provisions that would provide equivalent or greater control. Neither NDEP's February 16, 2005 nor January 12, 2006 SIP submittal contained documentation of notice and public hearing for repeal or rescission of these provisions as required under CAA section 110(l) for all SIP revisions. Thus, we are making our proposed approval of these rescissions contingent upon receipt of this documentation from NDEP.
        The TSD provides more details concerning our proposal and rationale with respect to each of the items listed in table 1.

          Table 1.—SIP Provisions for Which the State's Rescission Request Is Proposed for Approval

            SIP (or FIP) provision
            Title
            Submittal date
            Approval date

            NAC 445.440
            Aluminum equivalent
            10/26/82
            03/27/84

            NAC 445.442
            Anode bake plant
            10/26/82
            03/27/84

            NAC 445.443
            Asphalt concrete plant
            10/26/82
            03/27/84

            NAC 445.446
            Barite dryer
            10/26/82
            03/27/84

            NAC 445.451
            Basic oxygen process furnace
            10/26/82
            03/27/84

            NAC 445.453
            Bituminous coal
            10/26/82
            03/27/84

            NAC 445.454
            Blast furnace
            10/26/82
            03/27/84

            NAC 445.455
            Blowing tap
            10/26/82
            03/27/84

            NAC 445.456
            Brass or bronze
            10/26/82
            03/27/84

            NAC 445.459
            Calcium carbide
            10/26/82
            03/27/84

            NAC 445.460
            Calcium silicon
            10/26/82
            03/27/84

            NAC 445.461
            Capture system
            10/26/82
            03/27/84

            NAC 445.462
            Charge chrome
            10/26/82
            03/27/84

            NAC 445.463
            Charge period
            10/26/82
            03/27/84

            NAC 445.465
            Coal preparation plant
            10/26/82
            03/27/84

            NAC 445.466
            Coal processing and conveying equipment
            10/26/82
            03/27/84

            NAC 445.467
            Coal refuse
            10/26/82
            03/27/84

            NAC 445.468
            Coal storage system
            10/26/82
            03/27/84

            NAC 445.469
            Coke burn-off
            10/26/82
            03/27/84

            NAC 445.474
            Commercial fuel oil
            10/26/82
            03/27/84

            NAC 445.475
            Complex source
            10/26/82
            03/27/84

            NAC 445.476
            Condensate
            10/26/82
            03/27/84

            NAC 445.477
            Confidential information
            10/26/82
            03/27/84

            NAC 445.481
            Control device
            10/26/82
            03/27/84

            NAC 445.483
            Copper converter
            10/26/82
            03/27/84

            NAC 445.484
            Custody transfer
            10/26/82
            03/27/84

            NAC 445.485
            Cyclonic flow
            10/26/82
            03/27/84

            NAC 445.487
            Diesel fuel
            10/26/82
            03/27/84

            NAC 445.489
            Direct shell evacuation system
            10/26/82
            03/27/84

            NAC 445.490
            Drilling and production facility
            10/26/82
            03/27/84

            NAC 445.491
            Dross reverberatory furnace
            10/26/82
            03/27/84

            NAC 445.493
            Dust handling equipment
            10/26/82
            03/27/84

            NAC 445.494
            Dusts
            10/26/82
            03/27/84

            NAC 445.495
            Electric arc furnace
            10/26/82
            03/27/84

            NAC 445.496
            Electric furnace
            10/26/82
            03/27/84

            NAC 445.497
            Electric smelting furnace
            10/26/82
            03/27/84

            NAC 445.498
            Electric submerged arc furnace
            10/26/82
            03/27/84

            NAC 445.502
            Equivalent P2O5 feed
            10/26/82
            03/27/84

            NAC 445.503
            Equivalent P2O5 stored
            10/26/82
            03/27/84

            NAC 445.509
            Ferrochrome silicon
            10/26/82
            03/27/84

            NAC 445.510
            Ferromanganese silicon
            10/26/82
            03/27/84

            NAC 445.511
            Ferrosilicon
            10/26/82
            03/27/84

            NAC 445.514
            Fossil fuel-fired steam generating unit
            10/26/82
            03/27/84

            NAC 445.515
            Fresh granular triple superphosphate
            10/26/82
            03/27/84

            NAC 445.518
            Fuel gas
            10/26/82
            03/27/84

            NAC 445.519
            Fuel gas combustion device
            10/26/82
            03/27/84

            NAC 445.522
            Furnace charge
            10/26/82
            03/27/84

            NAC 445.523
            Furnace cycle
            10/26/82
            03/27/84

            NAC 445.524
            Furnace power input
            10/26/82
            03/27/84

            NAC 445.526
            Granular diammonium phosphate plant
            10/26/82
            03/27/84

            NAC 445.527
            Granular triple super-phosphate storage facility
            10/26/82
            03/27/84

            NAC 445.528
            Heat time
            10/26/82
            03/27/84

            NAC 445.529
            High-carbon ferrochrome
            10/26/82
            03/27/84

            NAC 445.530
            High level of volatile impurities
            10/26/82
            03/27/84

            NAC 445.531
            High terrain
            10/26/82
            03/27/84

            NAC 445.532
            Hydrocarbon
            10/26/82
            03/27/84

            NAC 445.534
            Isokinetic sampling
            10/26/82
            03/27/84

            NAC 445.539
            Low terrain
            10/26/82
            03/27/84

            NAC 445.543
            Meltdown and refining
            10/26/82
            03/27/84

            NAC 445.544
            Meltdown and refining period
            10/26/82
            03/27/84

            NAC 445.546
            Molybdenum
            10/26/82
            03/27/84

            NAC 445.547
            Molybdenum processing plant
            10/26/82
            03/27/84

            NAC 445.551
            Nitric acid production unit
            10/26/82
            03/27/84

            NAC 445.554
            Nuisance
            10/26/82
            03/27/84

            NAC 445.566
            Petroleum liquids
            10/26/82
            03/27/84

            NAC 445.567
            Petroleum refinery
            10/26/82
            03/27/84

            NAC 445.568
            Pneumatic coal-cleaning equipment
            10/26/82
            03/27/84

            NAC 445.572
            Potroom
            10/26/82
            03/27/84

            NAC 445.573
            Potroom group
            10/26/82
            03/27/84

            NAC 445.576
            Primary aluminum reduction plant
            10/26/82
            03/27/84

            NAC 445.577
            Primary control system
            10/26/82
            03/27/84

            NAC 445.578
            Primary copper smelter
            10/26/82
            03/27/84

            NAC 445.579
            Primary lead smelter
            10/26/82
            03/27/84

            NAC 445.580
            Primary zinc smelter
            10/26/82
            03/27/84

            NAC 445.582
            Process gas
            10/26/82
            03/27/84

            NAC 445.583
            Process upset gas
            10/26/82
            03/27/84

            NAC 445.586
            Product change
            10/26/82
            03/27/84

            NAC 445.587
            Proportional sampling
            10/26/82
            03/27/84

            NAC 445.591
            Refinery process unit
            10/26/82
            03/27/84

            NAC 445.593
            Reid vapor pressure
            10/26/82
            03/27/84

            NAC 445.594
            Reverberatory furnace
            10/26/82
            03/27/84

            NAC 445.595
            Reverberatory smelting furnace
            10/26/82
            03/27/84

            NAC 445.596
            Ringelmann chart
            10/26/82
            03/27/84

            NAC 445.598
            Roof monitor
            10/26/82
            03/27/84

            NAC 445.600
            Run-of-pile triple superphosphate
            10/26/82
            03/27/84

            NAC 445.602
            Secondary control system
            10/26/82
            03/27/84

            NAC 445.603
            Secondary lead smelter
            10/26/82
            03/27/84

            NAC 445.604
            Shop
            10/26/82
            03/27/84

            NAC 445.605
            Shop opacity
            10/26/82
            03/27/84

            NAC 445.608
            Silicomanganese
            10/26/82
            03/27/84

            NAC 445.609
            Silicomanganese zirconium
            10/26/82
            03/27/84

            NAC 445.610
            Silicon metal
            10/26/82
            03/27/84

            NAC 445.611
            Silvery iron
            10/26/82
            03/27/84

            NAC 445.614
            Sinter bed
            10/26/82
            03/27/84

            NAC 445.615
            Sintering machine
            10/26/82
            03/27/84

            NAC 445.616
            Sintering machine discharge end
            10/26/82
            03/27/84

            NAC 445.617
            Six-minute period
            10/26/82
            03/27/84

            NAC 445.619
            Smelting
            10/26/82
            03/27/84

            NAC 445.620
            Smelting furnace
            10/26/82
            03/27/84

            NAC 445.626
            Standard ferromanganese
            10/26/82
            03/27/84

            NAC 445.629
            Steel production cycle
            10/26/82
            03/27/84

            NAC 445.631
            Storage vessel
            10/26/82
            03/27/84

            NAC 445.632
            Structure, building, facility or installation
            10/26/82
            03/27/84

            NAC 445.634
            Sulfuric acid plant
            10/26/82
            03/27/84

            NAC 445.635
            Sulfuric acid production unit
            10/26/82
            03/27/84

            NAC 445.636
            Superphosphoric acid plant
            10/26/82
            03/27/84

            NAC 445.637
            Tapping
            10/26/82
            03/27/84

            NAC 445.638
            Tapping period
            10/26/82
            03/27/84

            NAC 445.639
            Tapping station
            10/26/82
            03/27/84

            NAC 445.640
            Thermal dryer
            10/26/82
            03/27/84

            NAC 445.641
            Thermit process
            10/26/82
            03/27/84

            NAC 445.642
            Total fluorides
            10/26/82
            03/27/84

            NAC 445.643
            Total smelter charge
            10/26/82
            03/27/84

            NAC 445.644
            Transfer and loading system
            10/26/82
            03/27/84

            NAC 445.645
            Triple superphosphate plant
            10/26/82
            03/27/84

            NAC 445.646
            True vapor pressure
            10/26/82
            03/27/84

            NAC 445.648
            Vapor recovery system
            10/26/82
            03/27/84

            NAC 445.652
            Weak nitric acid
            10/26/82
            03/27/84

            NAC 445.654
            Wet-process phosphoric acid plant
            10/26/82
            03/27/84

            Article 2.7.4
            Confidential Information
            12/10/76
            08/21/78

            Articles 2.10.1 and 2.10.1.1
            Appeal procedures
            01/28/72
            05/31/72

            Articles 2.10.1.2, 2.10.2 and 2.10.3
            Appeal procedures
            10/31/75
            01/09/78

            Article 3.3.4
            Stop orders
            01/28/72
            05/31/72

            Article 4.3.4
            Emissions from any mobile equipment
            01/28/72
            05/31/72

            Article 7.2.5
            Basic Refractory
            11/05/80
            06/18/82

            Article 7.2.9
            Sierra Chemical Co
            11/05/80
            06/18/82

            Article 8.1
            Primary Non-Ferrous Smelters
            06/14/74
            02/06/75

            Articles 8.1.1, 8.1.2, & 8.1.4
            Primary Non-Ferrous Smelters
            10/31/75
            01/09/78

            Article 8.3.4
            Basic
            11/05/80
            06/18/82

            Article 16.3.1.2
            Regulations controlling cement (Applying to Portland cement plants)
            12/29/78
            06/18/82

            Articles 16.3.2, 16.3.2.1, & 16.3.2.2
            Standard of particulate matter for clinker cooler (Applying to Portland cement plants)
            12/29/78
            06/18/82

            Article 16.15
            Primary lead smelters
            12/29/78
            06/18/82

            Articles 16.15.1 to 16.15.1.2
            Standard for Particulate Matter (Applying to primary lead smelters)
            12/29/78
            06/18/82

            Articles 16.15.2 to 16.15.2.2
            Standard for Opacity (Applying to primary lead smelters)
            12/29/78
            06/18/82

            Articles 16.15.3 to 16.15.3.2
            Standard for Sulfur (Applying to primary lead smelters)
            12/29/78
            06/18/82

            Article 16.15.4
            Monitoring Operations (Applying to primary lead smelters)
            12/29/78
            06/18/82

            NAC 445.662
            Confidential Information
            10/26/82
            03/27/84

            NAC 445.695
            Schedules for compliance
            10/26/82
            03/27/84

            NAC 445.698
            Appeal of director's decision: Application forms
            10/26/82
            03/27/84

            NAC 445.700
            Violations: Manner of paying fines
            10/26/82
            03/27/84

            NAC 445.723
            Existing copper smelters
            10/26/82
            03/27/84

            NAC 445.815
            Molybdenum processing plants
            09/14/83
            03/27/84

            NAC 445.816(2) (a), (b), (c), (e), (f), (g), (h), and (i)
            Processing Plants for Precious Metals
            09/14/83
            03/27/84

            NAC 445.844
            Odors
            10/26/82
            03/27/84

            NRS 445.401
            Declaration of public policy
            12/29/78
            07/10/80

            Section 13(15) and (19) of Senate Bill No. 275
            [State commission of environmental protection—review recommendations of hearing board and delegation]
            01/28/72
            05/31/72

            NRS 445.466
            Commission regulations: Notice and hearing
            12/29/78
            07/10/80

            NRS 445.497
            Notice of regulatory action: Requirement; method; contents of notice
            12/29/78
            07/10/80

            40 CFR 52.1475(c), (d), and (e)
            Control strategy and regulations: Sulfur oxides
            N.A.
            02/06/75

        Table 2 lists the rules and statutes for which the State's rescission request is proposed for disapproval along with the related submittal and approval dates. Generally, we believe that retention of these provisions is appropriate to satisfy certain specific requirements for SIPs under CAA section 110(a)(2) or that retention is appropriate because the State has not provided sufficient documentation to show that rescission would not interfere with continued attainment of the national ambient air quality standards (NAAQS) as required under CAA section 110(l). The TSD provides more details concerning our proposal and rationale with respect to each of the items listed in table 2.

          Table 2.—SIP Provisions for Which the State's Rescission Request Is Proposed for Disapproval

            SIP provision
            Title
            Submittal date
            Approval date

            NAC 445.436
            Air contaminant
            10/26/82
            03/27/84

            NAC 445.570
            Portland cement plant
            10/26/82
            03/27/84

            Article 1.171
            Single source
            12/10/76
            08/21/78

            NAC 445.630
            Stop order
            10/26/82
            03/27/84

            NAC 445.660
            Severability
            10/26/82
            03/27/84

            NAC 445.663
            Concealment of emissions prohibited
            10/26/82
            03/27/84

            NAC 445.665
            Hazardous emissions: Order for reduction or discontinuance
            10/26/82
            03/27/84

            NAC 445.696
            Notice of violations; appearance before commission
            10/26/82
            03/27/84

            NAC 445.697
            Stop Orders
            10/26/82
            03/27/84

            NAC 445.764
            Reduction of employees' pay because of use of system prohibited
            10/26/82
            03/27/84

            NAC 445.816(3), (4) & (5)
            Processing Plants for Precious Metals
            09/14/83
            03/27/84

            NRS 445.451*
            State environmental commission: Creation; composition; chairman; quorum; salary, expenses of members; disqualification of members; technical support
            12/29/78
            07/10/80

            NRS 445.456*
            Department designated as state air pollution control agency
            12/29/78
            07/10/80

            NRS 445.473*
            Department powers and duties
            12/29/78
            07/10/80

            NRS 445.476*
            Power of department representatives to enter and inspect premises
            12/29/78
            07/10/80

            NRS 445.498*
            Appeals to commission; Notice of appeal
            12/29/78
            07/10/80

            NRS 445.499*
            Appeals to commission; Hearings
            12/29/78
            07/10/80

            NRS 445.501*
            Appeals to commission: Appealable matters; commission action; rules for appeals
            12/29/78
            07/10/80

            NRS 445.526*
            Violations: Notice and order by director; hearing; alternative procedures
            09/10/75
            01/24/78

            NRS 445.529*
            Violations: Injunctive relief
            12/29/78
            07/10/80

            NRS 445.576*
            Confidential information: Definitions; limitations on use; penalty for unlawful disclosure or use
            09/10/75
            01/24/78

            NRS 445.581*
            Power of department officers to inspect, search premises; search warrants
            12/29/78
            07/10/80

            NRS 445.596*
            Private rights and remedies not affected
            12/29/78
            07/10/80

            NRS 445.598*
            Provisions for transition in administration
            12/29/78
            07/10/80

            NRS 445.601*
            Civil penalties; fines not bar to injunctive relief, other remedies; disposition of fines
            12/29/78
            07/10/80

            Note: Asterisk (*) indicates applicable SIP provisions for which replacement provisions are being proposed for approval herein (see table 3, below).

        Table 3 lists the submitted provisions for which EPA is proposing approval and that, upon final approval, will supersede corresponding outdated provisions in the applicable SIP. In its January 12, 2006 SIP revision submittal, NDEP requests EPA to approve new statutory provisions to replace any outdated State statutory provisions for which EPA determines that the rescission request should not be approved. As noted above, we are proposing to disapprove requests for rescission of certain statutory provisions, and thus, consistent with the State's request, we are proposing approval of 14 specific statutory provisions, submitted by NDEP in appendix III-E of the January 12, 2006 SIP revision submittal, to replace the corresponding statutory provisions in the applicable SIP (see table 3, below). In general, we find that the current statutory provisions listed in table 3 essentially mirror the corresponding outdated provisions in the applicable SIP and thus would not relax any existing requirement.5

            5 Because the current statutory provisions essentially mirror the outdated provisions, we view our proposed approval of the current statutory provisions as a re-codification and, as such, we are not taking action to remedy pre-existing deficiencies in the applicable SIP. We note, however, that one of the provisions, NRS 445B.200 (“Creation and composition; chairman; quorum; compensation of members and employees; disqualification; technical support”), does not meet the related SIP requirements (CAA section 110(a)(2)(E)(ii) and CAA section 128) and could be the subject of some future EPA rulemaking, such as one under CAA section 110(k)(5).

        The TSD provides more details concerning our proposal and rationale with respect to each of the items listed in table 3.

          Table 3.—Submitted Provisions Which Are Proposed for Approval as Replacements for Outdated Provisions in the Applicable SIP

            Submitted provisions
            Title
            Submittal date

            NRS 445B.200
            Creation and composition; chairman; quorum; compensation of members and employees; disqualification; technical support
            01/12/06

            NRS 445B.205
            Department designated as state air pollution control agency
            01/12/06

            NRS 445B.230
            Powers and duties of department
            01/12/06

            NRS 445B.240
            Power of representatives of department to enter and inspect premises
            01/12/06

            NRS 445B.340
            Appeals to commission: notice of appeal
            01/12/06

            NRS 445B.350
            Appeals to commission: hearings
            01/12/06

            NRS 445B.360
            Appeals to commission: appealable matters; action by commission; regulations
            01/12/06

            NRS 445B.450
            Notice and order by director; hearing; alternative procedures
            01/12/06

            NRS 445B.460
            Injunctive relief
            01/12/06

            NRS 445B.570
            Confidentiality and use of information obtained by department; penalty
            01/12/06

            NRS 445B.580
            Officer of department may inspect or search premises; search warrant
            01/12/06

            NRS 445B.600
            Private rights and remedies not affected
            01/12/06

            NRS 445B.610
            Provisions for transition in administration
            01/12/06

            NRS 445B.640
            Levy and disposition of administrative fines; additional remedies available; penalty
            01/12/06

        C. Public Comment and Proposed Action
        Under CAA section 110(k)(3), EPA is proposing approval of most of the State of Nevada's requests to rescind nearly 200 rules and statutes from the applicable SIP but is proposing disapproval of some of those requests. EPA is also proposing approval of certain statutory provisions submitted by the State of Nevada as replacements for outdated provisions in the applicable SIP. The approval proposed herein is contingent upon receipt of certain public notice and hearing documentation from the State of Nevada. We will accept comments from the public on this proposal for the next 30 days.
        Unless we receive convincing new information during the comment period, we intend to publish a final approval action that will rescind the rules and statutes shown in table 1, above, from the applicable SIP (contingent upon receipt of public notice and hearing documentation), retain certain rules and statutes in the applicable SIP (shown in table 2, above), and approve certain replacement provisions (shown in table 3, above).
        III. Statutory and Executive Order Reviews

        Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely proposes to approve or disapprove a State request for rescission and to approve certain replacement provisions as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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).
        This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve or disapprove a State request for rescission and to approve certain replacement provisions implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant.

        In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

          List of Subjects in 40 CFR Part 52
          Environmental protection, Air pollution control, Intergovernmental relations, Lead, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.

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

          Dated: August 16, 2006.
          Jane Diamond,
          Acting Regional Administrator, Region IX.

      [FR Doc. E6-14214 Filed 8-25-06; 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-2011-0042; MO 92210-0-0009]
        RIN 1018-AV86
        Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Chupadera Springsnail (Pyrgulopsis chupaderae) and Proposed Designation of Critical Habitat

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; reopening of comment period.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our August 2, 2011, proposed endangered status and designation of critical habitat for the Chupadera springsnail (Pyrgulopsis chupaderae) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis and draft environmental assessment of the proposed designation of critical habitat and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the revised proposed rule, the associated draft economic analysis and draft environmental assessment, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

          DATES:
          We will consider comments received on or before February 21, 2012. Comments 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, draft economic analysis, and draft environmental assessment on the Internet at http://www.regulations.gov at Docket Number FWS-R2-ES-2011-0042, or by mail from the New Mexico Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

            Comment submission: 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-2011-0042, 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-2011-0042; 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).

          FOR FURTHER INFORMATION CONTACT:
          Wally “J” Murphy, Field Supervisor, U.S. Fish and Wildlife Service, New Mexico Ecological Services Field Office, 2105 Osuna NE., Albuquerque, NM 87113, by telephone ((505) 346-2525), or by facsimile ((505) 346-2542). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at (800) 877-8339.

        SUPPLEMENTARY INFORMATION:

        Public Comments

        We will accept written comments and information during this reopened comment period on our proposed listing as endangered and our proposed designation of critical habitat for the Chupadera springsnail that was published in the Federal Register on August 2, 2011 (76 FR 46218), our draft economic analysis and draft environmental assessment of the proposed designation, and the amended required determinations provided in this document. We will consider information and recommendations from all interested parties. We are particularly interested in comments concerning:

        (1) The reasons why we should or should not designate habitat as “critical habitat” under section 4 of the Act (16 U.S.C. 1531 et seq.), including whether there are threats to the species from human activity, the degree of which can be expected to increase due to the designation, and whether that increase in threat outweighs the benefit of designation such that the designation of critical habitat is not prudent.
        (2) Specific information on:
        (a) The distribution of the Chupadera springsnail;
        (b) The amount and distribution of Chupadera springnail habitat; and
        (c) What areas occupied by the species at the time of listing that contain features essential for the conservation of the species we should include in the designation and why; and
        (d) What areas not occupied at the time of listing are essential for the conservation of the species and why.
        (3) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat.
        (4) Any foreseeable economic, national security, or other relevant impacts that may result from designating any area that may be included in the final designation. We are particularly interested in any impacts on small entities, and the benefits of including or excluding areas from the proposed designation that are subject to these impacts.
        (5) The projected and reasonably likely impacts of climate change on the Chupadera springsnail and on the critical habitat we are proposing.
        (6) Whether our approach to designating critical habitat could be improved or modified in any way to provide for greater public participation and understanding, or to assist us in accommodating public concerns and comments.
        (7) Information on the extent to which the description of economic impacts in the draft economic analysis is complete and accurate.
        (8) The likelihood of adverse social reactions to the designation of critical habitat, as discussed in the draft economic analysis and draft environmental assessment, and how the consequences of such reactions, if likely to occur, would relate to the conservation and regulatory benefits of the proposed critical habitat designation.
        If you submitted comments or information on the proposed rule (76 FR 46218) during the initial comment period from August 2, 2011, to October 3, 2011, please do not resubmit them. We will incorporate them into the public record as part of this comment period, and we will fully consider them in the preparation of our final determination. Our final determination concerning revised critical habitat will take into consideration all written comments and any additional information we receive during both comment periods. On the basis of public comments, we may, during the development of our final determination, find that areas proposed are not essential, are appropriate for exclusion under section 4(b)(2) of the Act, or are not appropriate for exclusion.

        You may submit your comments and materials concerning the proposed rule, draft economic analysis, or draft environmental assessment 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 rule, draft economic analysis, and draft environmental assessment, will be available for public inspection on http://www.regulations.gov at Docket No. FWS-R2-ES-2011-0042, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, New Mexico Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
        Background

        It is our intent to discuss only those topics directly relevant to the proposed listing and designation of critical habitat for the Chupadera springsnail in this document. For more information on previous Federal actions concerning the Chupadera springsnail, refer to the proposed listing and designation of critical habitat published in the Federal Register on August 2, 2011 (76 FR 46218), which is available online at http://www.regulations.gov (at Docket Number FWS-R2-ES-2011-0042) or from the New Mexico Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
        Previous Federal Actions
        On August 2, 2011 (76 FR 46218), we published a proposed rule to list as endangered and designate critical habitat for the Chupadera springsnail. We proposed to designate approximately 1.9 acres (ac) (0.7 hectares (ha)) in two units located in Socorro County, New Mexico, as critical habitat. That proposal had a 60-day comment period, ending October 3, 2011. We received no request for a public hearing; therefore, no public hearing will be held.
        Critical Habitat

        Section 3 of the Act defines critical habitat as the specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features essential to the conservation of the species and that may require special management considerations or protection, and specific areas outside the geographical area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. If the proposed rule is made final, section 7 of the Act will prohibit destruction or adverse modification of critical habitat by any activity funded, authorized, or carried out by any Federal agency. Federal agencies proposing actions affecting critical habitat must consult with us on the effects of their proposed actions, under section 7(a)(2) of the Act.
        Consideration of Impacts Under Section 4(b)(2) of the Act
        Section 4(b)(2) of the Act requires that we designate or revise critical habitat based upon the best scientific data available, after taking into consideration the economic impact, impact on national security, or any other relevant impact of specifying any particular area as critical habitat. We may exclude an area from critical habitat if we determine that the benefits of excluding the area outweigh the benefits of including the area as critical habitat, provided such exclusion will not result in the extinction of the species.
        When considering the benefits of inclusion for an area, we consider the additional regulatory benefits that area would receive from the protection from adverse modification or destruction as a result of actions with a Federal nexus (activities conducted, funded, permitted, or authorized by Federal agencies), the educational benefits of mapping areas containing essential features that aid in the recovery of the listed species, and any benefits that may result from designation due to State or Federal laws that may apply to critical habitat.
        When considering the benefits of exclusion, we consider, among other things, whether exclusion of a specific area is likely to result in conservation; the continuation, strengthening, or encouragement of partnerships; or implementation of a management plan. In the case of the Chupadera springsnail, the benefits of critical habitat include public awareness of the presence of the Chupadera springsnail and the importance of habitat protection, and, where a Federal nexus exists, increased habitat protection for the Chupadera springsnail due to protection from adverse modification or destruction of critical habitat. In practice, situations with a Federal nexus exist primarily on Federal lands or for projects undertaken by Federal agencies.

        We have not proposed to exclude any areas from critical habitat. However, the final decision on whether to exclude any areas will be based on the best scientific data available at the time of the final designation, including information obtained during the comment period and information about the economic impact of designation. Accordingly, we have prepared a draft economic analysis and draft environmental assessment concerning the proposed critical habitat designation, which are available for review and comment (see ADDRESSES).
        Draft Economic Analysis
        The purpose of the draft economic analysis is to identify and analyze the potential economic impacts associated with the proposed critical habitat designation for the Chupadera springsnail. The draft economic analysis describes the economic impacts of all potential conservation efforts for the Chupadera springsnail; some of these costs will likely be incurred regardless of whether we designate critical habitat. The economic impact of the proposed critical habitat designation is analyzed by comparing scenarios both “with critical habitat” and “without critical habitat.” The “without critical habitat” scenario represents the baseline for the analysis, considering protections already in place for the species (e.g., under the Federal listing and other Federal, State, and local regulations). The baseline, therefore, represents the costs incurred regardless of whether critical habitat is designated. The “with critical habitat” scenario describes the incremental impacts associated specifically with the designation of critical habitat for the species. The incremental conservation efforts and associated impacts are those not expected to occur absent the designation of critical habitat for the species. In other words, the incremental costs are those attributable solely to the designation of critical habitat, above and beyond the baseline costs; these are the costs we may consider in the final designation of critical habitat when evaluating the benefits of excluding particular areas under section 4(b)(2) of the Act. The analysis looks at baseline impacts incurred from the listing of the species and forecasts both baseline and incremental impacts likely to occur if we finalize the proposed critical habitat designation. For a further description of the methodology of the analysis, see “Framework for the Analysis,” of the draft economic analysis.
        The draft economic analysis provides estimated costs of the foreseeable potential economic impacts of the proposed critical habitat designation for the Chupadera springsnail. It identifies potential incremental costs as a result of the proposed critical habitat designation; these are those costs attributed to critical habitat over and above those baseline costs attributed to listing. The draft economic analysis quantifies economic impacts of Chupadera springsnail conservation efforts associated with residential development and ranch activities.
        Existing and planned subdivision development in the area can lead to groundwater depletion, threatening the springsnail and its habitat by reducing water flow at the spring that supports the species. Residential activities can also lead to modification of the area around the springhead and springbrook, causing habitat degradation through inundation and changes in water flow and chemistry. However, a Federal nexus consultation under section 7 of the Act is unlikely to exist, as each parcel will have its own groundwater well, which is regulated by the New Mexico Office of the State Engineer with no Federal involvement. Unit 1 is not slated for development; therefore, it is unlikely the landowners will apply for a permit under section 404 of the Clean Water Act. We are unaware of the plans for Unit 2, but we believe that any development would avoid the spring and therefore avoid the need for a section 404 permit. Because there are no foreseeable activities with a Federal nexus, the draft economic analysis found no economic impact of the proposed designation of critical habitat beyond a possible “stigma effect” to land values. This stigma effect arises from the perception of landowners that designation of critical habitat may impede future land development and, therefore, depress land values. Our economic analysis was unable to quantify the economic value of any possible stigma effects.

        As we stated earlier, we are soliciting data and comments from the public on the draft economic analysis, draft environmental assessment, and all aspects of the proposed rule and our amended required determinations. We may revise the proposed rule or supporting documents to incorporate or address information we receive during the public comment period. In particular, we may exclude an area from critical habitat if we determine that the benefits of excluding the area outweigh the benefits of including the area, provided the exclusion will not result in the extinction of this species.

        Draft Environmental Assessment
        The purpose of an environmental assessment is to identify and disclose the environmental consequences associated with the proposed critical habitat designation for the Chupadera springsnail in compliance with the National Environmental Policy Act. The draft environmental assessment found the preferred alternative of designating critical habitat for the Chupadera springsnail at the two proposed locations would not have significant impacts to the human environment.
        Required Determinations—Amended

        In our August 2, 2011, proposed rule (76 FR 46218), we indicated that we would defer our determination of compliance with several statutes and executive orders until the information concerning potential economic impacts of the designation and potential effects on landowners and stakeholders became available in the draft economic analysis. We have now made use of the draft economic analysis data to make these determinations. In this document, we affirm the information in our proposed rule concerning Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 12630 (Takings), E.O. 13132 (Federalism), E.O. 12988 (Civil Justice Reform), E.O. 13211 (Energy, Supply, Distribution, and Use), the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the National Environmental Policy Act (42 U.S.C. 4321 et seq.), and the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951). However, based on the draft economic analysis data, we are amending our required determination concerning the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
        Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
        Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effects of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of the agency certifies the rule will not have a significant economic impact on a substantial number of small entities. The SBREFA amended the RFA to require Federal agencies to provide a certification statement of the factual basis for certifying that the rule will not have a significant economic impact on a substantial number of small entities. Based on our draft economic analysis of the proposed designation, we provide our analysis for determining whether the proposed rule would result in a significant economic impact on a substantial number of small entities. Based on comments we receive, we may revise this determination as part of our final rulemaking.
        According to the Small Business Administration, small entities include small organizations such as independent nonprofit organizations; small governmental jurisdictions, including school boards and city and town governments that serve fewer than 50,000 residents; and small businesses (13 CFR 121.201). Small businesses include manufacturing and mining concerns with fewer than 500 employees, wholesale trade entities with fewer than 100 employees, retail and service businesses with less than $5 million in annual sales, general and heavy construction businesses with less than $27.5 million in annual business, special trade contractors doing less than $11.5 million in annual business, and agricultural businesses with annual sales less than $750,000. To determine if potential economic impacts to these small entities are significant, we considered the types of activities that might trigger regulatory impacts under this designation as well as types of project modifications that may result. In general, the term “significant economic impact” is meant to apply to a typical small business firm's business operations.
        To determine if the proposed designation of critical habitat for the Chupadera springsnail would affect a substantial number of small entities, we considered the number of small entities affected within particular types of economic activities, such as residential development and ranch activities. In order to determine whether it is appropriate for our agency to certify that this proposed rule would not have a significant economic impact on a substantial number of small entities, we considered each industry or category individually. In estimating the numbers of small entities potentially affected, we also considered whether their activities have any Federal involvement. Critical habitat designation will not affect activities that do not have any Federal involvement; designation of critical habitat only affects activities conducted, funded, permitted, or authorized by Federal agencies. In areas where the Chupadera springsnail is present, Federal agencies already are required to consult with us under section 7 of the Act on activities they fund, permit, or implement that may affect the species. If we finalize this proposed critical habitat designation, consultations to avoid the destruction or adverse modification of critical habitat would be incorporated into the existing consultation process.
        In the draft economic analysis, we evaluated the potential economic effects on small entities resulting from implementation of conservation actions related to the proposed designation of critical habitat for the Chupadera springsnail. Information in the draft economic analysis and draft environmental assessment indicates the proposed critical habitat designation will have no effect on any small entities. Please refer to the draft economic analysis of the proposed critical habitat designation for a more detailed discussion of potential economic impacts.
        In summary, we have considered whether the proposed designation would result in a significant economic impact on a substantial number of small entities. Information for this analysis was gathered from the Small Business Administration, stakeholders, and the Service. We have identified no small entity that may be impacted by the proposed critical habitat designation. For the above reasons and based on currently available information, we certify that, if promulgated, the proposed critical habitat designation would not have a significant economic impact on a substantial number of small business entities. Therefore, an initial regulatory flexibility analysis is not required.
        Authors
        The primary authors of this notice are the staff members of the New Mexico Ecological Services Field Office, Southwest Region, U.S. Fish and Wildlife Service.
        Authority

        The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: January 10, 2012.
          Eileen Sobeck,
          Acting Assistant Secretary for Fish and Wildlife and Parks.

      [FR Doc. 2012-1147 Filed 1-19-12; 8:45 am]
      BILLING CODE 4310-55-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 97
        [WT Docket No. 09-209; Report No. 2926]
        Petition for Reconsideration of Action of Rulemaking Proceeding

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Petition for reconsideration.

          SUMMARY:
          In this document, a Petition for Reconsideration (Petition) has been filed in the Commission's Rulemaking proceeding listed in this document (Amendment of the Amateur Service Rules Governing Vanity and Club Station Call Signs). In the Rulemaking proceeding, the Commission amended the rules governing amateur radio service vanity and club station call signs to, among other things, limit club stations to holding one vanity call sign and limit individuals to serving as the trustee for one club. ARRL, the national association for Amateur Radio, formerly known as the American Radio Relay League, Inc. (ARRL), filed a Petition for Reconsideration arguing that the rule amendments adopted by the Commission are capable of being evaded, and thus do not fully effectuate the Commission's intent of preventing individuals from using club station licenses to hoard vanity call signs. ARRL proposes alternate regulatory language that it believes would better prevent hoarding of vanity call signs.

          DATES:
          Oppositions to the Petitions must be filed by April 7, 2011. Replies to an opposition must be filed April 18, 2011.

          ADDRESSES:
          Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554.

          FOR FUTHER INFORMATION CONTACT:
          Scot Stone, Wireless Competition Bureau, 202-418-0638.

        SUPPLEMENTARY INFORMATION:

        This is a summary of Commission's document, Report No. 2926, released February 15, 2011. The full text of this document is available for viewing and copying in Room CY-B402, 445 12th Street, SW., Washington, DC or may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI) (1-800-378-3160). The Commission will not send a copy of this Notice pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because this Notice does not have an impact on any rules of particular applicability.
        This document published pursuant to 47 CFR 1.429(e). See 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)).

          Subject: In the Matter of Amendment of the Amateur Service Rules Governing Vanity and Club Station Call Signs (WT Docket No. 09-209); Petition for Rule Making: Amateur Radio Service (Part 97); Petition to change Part 97.19(c)(2) of the Amateur Radio Service Rules.

          Number of Petitions Filed: 1.

          Federal Communications Commission.
          Marlene H. Dortch,
          Secretary, Office of the Secretary, Office of Managing Director.

      [FR Doc. 2011-5523 Filed 3-22-11; 8:45 am]
      BILLING CODE 6712-01-P


        DEPARTMENT OF HEALTH AND HUMAN SERVICES
        42 CFR Part 85a
        [Docket No. CDC-2014-0001; NIOSH-271]
        RIN 0920-AA51
        Occupational Safety and Health Investigations of Places of Employment

          AGENCY:
          Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

          ACTION:
          Notice of proposed rulemaking; technical amendments.

          SUMMARY:
          The Department of Health and Human Services (HHS) proposes to amend its regulations pertaining to occupational safety and health investigations of places of employment conducted by the National Institute for Occupational Safety and Health (NIOSH) in the Centers for Disease Control and Prevention (CDC), to update outdated terminology and strike references to obsolete government offices or divisions. These proposed changes will not affect current practices.

          DATES:
          Comments must be received by March 17, 2014.

          ADDRESSES:

            Written comments: You may submit comments by any of the following methods:
          • Federal eRulemaking Portal:
            http://www.regulations.gov. Follow the instructions for submitting comments.
          • Mail: NIOSH Docket Office, Robert A. Taft Laboratories, MS-C34, 4676 Columbia Parkway, Cincinnati, OH 45226.

            Instructions: All submissions received must include the agency name (Centers for Disease Control and Prevention, HHS) and docket number (CDC-2014-0001; NIOSH-271) or Regulation Identifier Number (0920-AA51) for this rulemaking. All relevant comments, including any personal information provided, will be posted without change to http://www.regulations.gov. For detailed instructions on submitting public comments, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document.

            Docket: For access to the docket go to http://www.regulations.gov.

          FOR FURTHER INFORMATION CONTACT:
          Teresa Schnorr Ph.D., Director, NIOSH Division of Surveillance, Hazard Evaluations and Field Studies (DSHEFS); 4676 Columbia Parkway, Cincinnati, OH 45226; 513-841-4428 (this is not a toll-free number).

        SUPPLEMENTARY INFORMATION:
        This notice is organized as follows:

          I. Executive Summary
          A. Purpose of Regulatory Action
          B. Summary of Major Provisions
          C. Costs and Benefits
          II. Public Participation
          III. Statutory Authority
          IV. Summary of Proposed Rule
          V. Regulatory Assessment Requirements

        I. Executive Summary
        A. Purpose of Regulatory Action
        The purpose of this proposed rule is to make minor technical changes to HHS regulations in 42 CFR part 85a, pertaining to occupational safety and health investigations of places of employment. Proposed amendments to the existing rule include striking references to obsolete government offices or agencies, updating the proper NIOSH office from which to request specific reports of investigations, and correcting outdated terms such as “motion pictures.” Obsolete terms and outdated language in Part 85a were identified during the agency's retrospective analysis of existing regulations, in accordance with Executive Order 13563.
        B. Summary of Major Provisions
        Proposed amendments to 42 CFR part 85a include the following: § 85a.2 (alphabetize definitions and strike definitions of “NIOSH Regional Office,” and “BOM (Bureau of Mines)” and remove reference to “Public Health Service” within the definition of “NIOSH”), § 85a.4 (clarify that the union at the place of employment must be notified of the investigation, and strike reference to BOM), § 85a.5 (replace “motion pictures or videotapes” with “video recordings” and “Human Subjects Review Board” with “Institutional Review Board”), and § 85a.8 (replace “NIOSH Regional Consultant for Occupational Safety and Health” with “NIOSH Education and Information Division.”
        C. Costs and Benefits
        Because HHS is proposing no substantive changes to 42 CFR part 85a, there would be no changes made to current practices. Therefore, there are no costs or benefits associated with this rulemaking.
        II. Public Participation

        Interested parties may participate in this rulemaking by submitting written views, opinions, recommendations, and data. This notice of proposed rulemaking is published in conjunction with a direct final rule (DFR) because HHS finds that the updates to Part 85a add clarity to the regulation and are non-controversial; HHS does not expect to receive any significant adverse comments on this rulemaking. If significant adverse comments are received, HHS will publish a notice in the Federal Register to withdraw the companion DFR. A final rule will subsequently be published, which will include the Agency's response to comments. If HHS does not receive any significant adverse comments on this notice of proposed rulemaking or the companion DFR within the specified comment period, we will publish a notice in the Federal Register confirming the effective date of the final rule within 30 days after the close of the public comment period and withdraw this notice of proposed rulemaking.
        Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you do not wish to be disclosed. You may submit comments on any topic related to this notice of proposed rulemaking.
        III. Statutory Authority

        Subsection 20(b) of the Occupational Safety and Health (OSH) Act of 1970 authorizes the Secretary of Health and Human Services to make inspections and question employers and employees as provided in section 8 of the OSH Act in order to carry out the Secretary's functions and responsibilities under section 20 [29 U.S.C. 669; 29 U.S.C. 657]. Section 8(g)(2) instructs the Secretary to prescribe such regulations as are deemed necessary to carry out the responsibilities of the agency to conduct inspections of an employer's establishment. Sections 103 and 501 of the Federal Mine Safety and Health (FMSH) Act of 1977 authorize the Secretary to make inspections and investigations at coal mines in order to conduct research as may be appropriate to improve working conditions [30 U.S.C. 813(a)] and 951, respectively].
        IV. Summary of Proposed Rule
        The provisions in Part 85a govern procedures NIOSH follows in conducting safety and health investigations at places of employment. The proposed amendments described below are all non-substantive and would have no practical effect on NIOSH procedures or practices, but are being proposed in accordance with Executive Order 13563, section 6, which requires that Federal agencies conduct retrospective analyses of existing rules. In conducting the analysis, NIOSH discovered that certain terms and references in Part 85a were outdated.
        Section 85a.1 Applicability
        Section 85a.1 states that the provisions in Part 85a pertain to investigations of places of employment conducted by NIOSH, pursuant to the statutory authorities noted above. The section also affirms that the provisions in this part do not apply to activities covered by HHS regulations in 42 CFR part 85. HHS proposes no changes to this section.
        Section 85a.2 Definitions
        Section 85a.2 offers definitions for terms used in this part. HHS proposes a number of changes to this section. First, HHS proposes to remove the paragraph designations and instead to list the terms alphabetically. Next, HHS proposes to strike the definitions of BOM (Bureau of Mines) and NIOSH Regional Office from § 85a.2, because BOM is obsolete and because the addresses of the regional offices referenced here are no longer relevant to this rule. The phrase “Public Health Service” is proposed to be stricken from the definition of “NIOSH,” and the definition of “FMSH Act,” is teased apart from the existing definition of “OSH Act” and is proposes as a stand-alone definition. None of the changes to this section would be substantive.
        Section 85a.3 Authority for Investigations of Places of Employment
        Section 85a.3 establishes procedures by which NIOSH authorized representatives may enter a place of employment for the purpose of conducting investigations under the OSH Act and the FMSH Act. This section also establishes that investigations will be conducted in a reasonable manner. HHS proposes a minor change to this section to correct punctuation.
        85a.4 Procedures for Initiating Investigations of Places of Employment
        Section 85a.4 states that the NIOSH authorized representative will contact an official representative of the place of employment prior to a site visit. The NIOSH official will also notify a representative of the appropriate State agency, the local union at the place of employment, the appropriate OSHA Assistant Regional Director, and the appropriate MSHA District Office. HHS proposes minor changes to § 85a.4(a)(2) to strike unnecessary language specifying which union official must be notified, thereby clarifying that the union must be notified; a proposed change to § 85a.4(a)(4) would remove reference to the obsolete Bureau of Mines. Section 85a.4(b) is edited to correspond with the change in paragraph (a)(2). One final proposed change to § 85a.4(c) would add the term “or organizations” to specify that the investigating NIOSH official would notify the individuals or organizations referenced above. HHS proposes no further changes to this section.
        Section 85a.5 Conduct of Investigations of Places of Employment
        Section 85a.5 establishes the procedures NIOSH representatives will follow to conduct a workplace investigation. HHS proposes amending this section to replace the outdated terms “motion pictures or videotapes” with “video recordings” and “Human Subjects Review Board” with “Institutional Review Board,” and correcting “contact agreement,” which should properly be “contract agreement” in paragraph (b)(2). HHS proposes no further changes to this section.
        Section 85a.6 Provision of Suitable Space for Employee Interviews and Examinations
        Section 85a.6 requires that the employer, owner, operator, or agent in charge at the investigated place of employment must provide a suitable space for the NIOSH representative to conduct private interviews. HHS proposes no changes to this section.
        Section 85a.7 Imminent Dangers
        Section 85a.7 authorizes the NIOSH representative to advise the employer, owner, operator, or agent in charge, any employees who appear to be in danger, and any of the individuals or agencies identified in § 85a.4 that an imminent danger exists. HHS proposes no changes to this section.
        Section 85a.8 Reporting of Results of Investigations of Places of Employment
        Section 85a.8 states that NIOSH will make specific reports of investigations available to the employer, owner, operator, or agent in charge, as well as to those individuals or agencies identified in § 85a.4. HHS proposes amending § 85a.8(a)(2) to strike reference to “NIOSH Regional Consultant for Occupational Safety and Health” and replace it with the name of the office that will make specific reports available, the “NIOSH Education and Information Division.” HHS proposes no further changes to this section.
        V. Regulatory Assessment Requirements
        A. Executive Order 12866 and Executive Order 13563
        Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility.
        This proposed rule has been determined not to be a “significant regulatory action” under section 3(f) of E.O. 12866. The proposed amendments in this notice would alphabetize the definitions section, strike reference to the former Bureau of Mines and NIOSH Regional Office, update where specific reports of investigations may be obtained, and update language used to describe “motion pictures.” Further, because this proposed rule is administrative and would not affect the cost of the activities authorized by Part 85a, HHS has not prepared an economic analysis. Accordingly, the Office of Management and Budget (OMB) has not reviewed this rulemaking.
        B. Regulatory Flexibility Act
        The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., requires each agency to consider the potential impact of its regulations on small entities including small businesses, small governmental units, and small not-for-profit organizations. Because no substantive changes are being made to 42 CFR Part 85a as a result of this action, HHS certifies that this proposed rule has “no significant economic impact upon a substantial number of small entities” within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
        C. Paperwork Reduction Act
        The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., requires an agency to invite public comment on, and to obtain OMB approval of, any regulation that requires 10 or more people to report information to the agency or to keep certain records. Data collection and recordkeeping requirements for the health investigations of places of employment program receive OMB approval on an as-needed basis. The proposed amendments in this rulemaking would not impact the collection of data.
        D. Small Business Regulatory Enforcement Fairness Act

        As required by Congress under the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.), HHS will report the promulgation of this rule to Congress prior to its effective date.
        E. Unfunded Mandates Reform Act of 1995

        Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 et seq.) directs agencies to assess the effects of Federal regulatory actions on State, local, and Tribal governments, and the private sector “other than to the extent that such regulations incorporate requirements specifically set forth in law.” For purposes of the Unfunded Mandates Reform Act, this proposed rule does not include any Federal mandate that may result in increased annual expenditures in excess of $100 million by State, local or Tribal governments in the aggregate, or by the private sector. For 2013, the inflation adjusted threshold is $150 million.
        F. Executive Order 12988 (Civil Justice)
        This proposed rule has been drafted and reviewed in accordance with Executive Order 12988, “Civil Justice Reform,” and will not unduly burden the Federal court system. This rule has been reviewed carefully to eliminate drafting errors and ambiguities.
        G. Executive Order 13132 (Federalism)
        HHS has reviewed this proposed rule in accordance with Executive Order 13132 regarding federalism, and has determined that it does not have “federalism implications.” The rule does not “have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.”
        H. Executive Order 13045 (Protection of Children From Environmental Health Risks and Safety Risks)
        In accordance with Executive Order 13045, HHS has evaluated the environmental health and safety effects of this proposed rule on children. HHS has determined that the rule would have no environmental health and safety effect on children.
        I. Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use)
        In accordance with Executive Order 13211, HHS has evaluated the effects of this proposed rule on energy supply, distribution or use, and has determined that the rule will not have a significant adverse effect.
        J. Plain Writing Act of 2010
        Under Public Law 111-274 (October 13, 2010), executive Departments and Agencies are required to use plain language in documents that explain to the public how to comply with a requirement the Federal Government administers or enforces. HHS has attempted to use plain language in promulgating the proposed rule consistent with the Federal Plain Writing Act guidelines.

          List of Subjects in 42 CFR Part 85a
          Archives and records, Employee management relations, Hazardous substances, Health hazards, Health records, Industry, Investigations, Labor, Mine safety and health, Occupational injury, Occupational safety and health, Reporting and recordkeeping requirements, Research, Respiratory diseases, Right of entry, Toxic substances, Unions.

        Proposed Rule
        For the reasons discussed in the preamble, the Department of Health and Human Services proposes to amend 42 CFR part 85a as follows:

          PART 85a—OCCUPATIONAL SAFETY AND HEALTH INVESTIGATIONS OF PLACES OF EMPLOYMENT

        1. The authority citation for part 85a continues to read as follows:

          Authority:
          Sec. 8(g), 84 Stat. 1600; 29 U.S.C. 657(g) and sec. 508, 83 Stat. 803; 30 U.S.C. 957.

        2. Revise § 85a.2 to read as follows:

          § 85a.2
          Definitions.
          Any term defined in the Occupational Safety and Health Act of 1970 or the Federal Mine Safety and Health Act of 1977 and not defined below shall have the meaning given it in the Acts. As used in this part:

            Assistant Regional Director means any one of the ten Occupational Safety and Health Administration Assistant Regional Directors for Occupational Safety and Health.

            Employee has the same meaning as stated in the OSH Act and for the purposes of this part includes miner as defined in the FMSH Act.

            Employer has the same meaning as stated in the OSH Act and for the purposes of this part includes operator as defined in the FMSH Act.

            FMSH Act means the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.).

            Informed consent means the knowing consent of an individual or his legally authorized representative, so situated as to be able to exercise free power of choice without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion. The basic elements of information necessary to such consent include:
          (1) A fair explanation of the procedures to be followed, and their purposes, including identification of any procedures which are experimental;
          (2) A description of any attendant discomforts and risks reasonably to be expected;
          (3) A description of any benefits reasonably to be expected;
          (4) A disclosure of any appropriate alternative procedures that might be advantageous for the subject;
          (5) An offer to answer any inquiries concerning the procedures; and
          (6) An instruction that the person is free to withdraw his consent and to discontinue participation in the investigation any time without prejudice to the subject.

            Investigation means research projects, experiments, demonstrations, studies, and similar activities of NIOSH which are conducted under section 20 of the OSH Act and section 501 of the FMSH Act.

            Legally authorized representative means an individual or judicial or other body authorized under applicable law to consent on behalf of a prospective subject to such subject's participation in the particular activity or procedure.

            MSHA District Office means any one of the Mine Safety and Health Administration's District Offices.

            NIOSH means the National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention, Department of Health and Human Services.

            NIOSH authorized representative means a person authorized by NIOSH to conduct investigations of places of employment, including any person that is fulfilling a contract agreement with NIOSH or is serving as an expert or consultant to NIOSH pursuant to the Act.

            OSH Act means the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

            Place of employment means any coal or other mine, factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by any employee of an employer.

        3. Amend § 85a.4 by revising paragraphs (a)(2) and (4), (b), and (c) to read as follows:

          § 85a.4
          Procedures for initiating investigations of places of employment.
          (a) * * *
          (2) The local union at the place of employment, if any;

          (4) The appropriate MSHA District Office when investigations are conducted under the FMSH Act.
          (b) Advance notice of site visits will not be given to the place of employment or local union at the place of employment when, in the judgment of the NIOSH authorized representatives, giving such notice would adversely affect the validity and effectiveness of an investigation. Those individuals and organizations specified in § 85a.4(a)(1), (a)(3), and (a)(4) will be notified prior to the initiation of such a site visit. After the site visit has been initiated, and, as soon as possible thereafter, the NIOSH authorized representatives will contact the organizations specified in § 85a.4(a)(2) concerning the nature and details of the site visit.
          (c) In those instances where site visits are not necessary to the conduct of an investigation, the NIOSH authorized representatives will contact an official representative of the place of employment either verbally or through a written communication and provide the details of why an investigation of the place of employment is being conducted. If appropriate, the NIOSH authorized representatives will contact those individuals or organizations stipulated in paragraphs (a)(1) through (4) of this section about the nature and details of the investigation.

        4. Amend § 85a.5 by revising paragraphs (b)(2) and (d) to read as follows:

          § 85a.5
          Conduct of investigations of places of employment.

          (b) * * *
          (2) In those instances where the NIOSH authorized representative is a person fulfilling a contract agreement with NIOSH or is serving as an expert or consultant to NIOSH pursuant to the Act, the employer, owner, operator or agent in charge at the place of employment may, after advising the NIOSH contractor or consultant in writing, elect to withhold information deemed to be a trade secret from such a NIOSH authorized representative or prohibit entry into the area of the place of employment where such entry will reveal trade secrets. In those instances, where the subject information is needed or access to the area of the place of employment is necessary, in the judgment of NIOSH, to fulfill the goals of the investigation, NIOSH regular employees will then obtain the information or enter the subject area of the place of employment.

          (d)(1) NIOSH authorized representatives are authorized: To collect environmental samples and samples of substances; to measure environmental conditions and employee exposures (including measurement of employee exposure by the attachment of personal sampling devices to employees with their consent); to take or obtain photographs, video recordings related to the purpose of the investigation; to employ other reasonable investigative techniques, including medical examinations, anthropometric measurements and standardized and experimental functional tests of employees with the informed consent of such employees; to review, abstract, and duplicate such personnel records as are pertinent to mortality, morbidity, injury, safety, and other similar studies; and to question and interview privately any employer, owner, operator, agency, or employee from the place of employment. The employer, owner, operator, or agency shall have the opportunity to review photographs, and video recordings taken or obtained for the purpose of identifying those which contain or might reveal a trade secret.
          (2) Prior to the conduct of medical examinations, anthropometric measurements or functional tests of any employees, the NIOSH authorized representatives will obtain approval of the procedures to be utilized from the NIOSH Institutional Review Board and no employee examination, measurement or test will be undertaken without the informed consent of such employee.

        5. Revise § 85a.7 to read as follows:

          § 85a.7
          Imminent dangers.
          Whenever, during the course of, or as a result of, an investigation under this part, the NIOSH authorized representatives believe there is a reasonable basis for an allegation of an imminent danger, NIOSH will immediately advise the employer, owner, operator or agent in charge at the place of employment and those employees who appear to be in immediate danger of such allegation and will inform the agencies identified in § 85a.4(a) through (4).

        6. Amend § 85a.8 by revising paragraph (a)(2) to read as follows:

          § 85a.8
          Reporting of results of investigations of places of employment.
          (a) * * *
          (2) All specific reports of investigations of each place of employment under this part will be available to the public from the NIOSH Education and Information Division, 4676 Columbia Parkway, Cincinnati, Ohio 45226.

          Dated: December 18, 2013.
          Kathleen Sebelius,
          Secretary, Department of Health and Human Services.

      [FR Doc. 2014-00530 Filed 1-15-14; 8:45 am]
      BILLING CODE 4163-18-P