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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Proposed Rules
93.101, 93.118, and 93.124. An MVEB
is defined as that portion of the total allowable emissions defined in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date for the purpose of meeting reasonable further progress milestones or demonstrating attainment or maintenance of the NAAQS, for any criteria pollutant or its precursors, allocated to highway and transit vehicle use and emissions 40 CFR 93.101.
Under the conformity rule, LMP areas may demonstrate conformity without a regional emission analysis 40 CFR
93.109e. However, because LMP areas are still maintenance areas, certain aspects of transportation conformity determinations still will be required for transportation plans, programs, and projects. Specifically, for such determination, RTPs, TIPs, and transportation projects still will have to demonstrate that they are fiscally constrained 40 CFR 93.108, meet the criteria for consultation 40 CFR 93.105
and 93.112 and transportation control measure implementation in the conformity rule provisions 40 CFR
93.113. Additionally, conformity determinations for RTPs and TIPs must be determined no less frequently than every four years, and conformity of plan and TIP amendments and transportation projects is demonstrated in accordance with the timing requirements specified in 40 CFR 93.104. In addition, for projects to be approved, they must come from a currently conforming RTP and TIP 40 CFR 93.114 and 93.115. The Greene County Area remains under the obligation to meet the applicable conformity requirements for the 1997
ozone NAAQS.

jbell on DSKJLSW7X2PROD with PROPOSALS

III. Proposed Action EPAs review of PADEPs February 25, 2020 submittal indicates that it meets all applicable CAA requirements, specifically the requirements of section 175A. EPA is proposing to approve the second maintenance plan for the Greene County Area as a revision to the Pennsylvania SIP. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations.
42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions EPAs role is to approve state choices if
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they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Does not have Federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994.
In addition, this proposed rulemaking, proposing approval of Pennsylvanias second maintenance plan for the Greene County Area, does not have tribal implications as specified by Executive Order 13175 65 FR 67249, November 9, 2000, because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic compounds.

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Dated: July 7, 2021.
Diana Esher, Acting Regional Administrator, Region III.
FR Doc. 202114853 Filed 71221; 8:45 am BILLING CODE 656050P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service 50 CFR Part 17
Docket No. FWSR4ES20200062;
FF09E21000 FXES11110900000 212
RIN 1018BE55

Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Pearl Darter Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCY:

We, the U.S. Fish and Wildlife Service Service, propose to designate critical habitat for the pearl darter Percina aurora under the Endangered Species Act of 1973 Act, as amended. In total, approximately 517
river miles 832 river kilometers in Clarke, Covington, Forrest, George, Greene, Lauderdale, Jackson, Jones, Newton, Perry, Simpson, Stone, and Wayne Counties, Mississippi, fall within the boundaries of the proposed critical habitat designation. If we finalize this rule as proposed, it would extend the Acts protections to this species critical habitat. We also announce the availability of a draft economic analysis of the proposed designation.

SUMMARY:

We will accept comments on the proposed rule or draft economic analysis that are received or postmarked on or before September 13, 2021.
Comments submitted electronically using the Federal eRulemaking Portal see ADDRESSES, below must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by August 27, 2021.
DATES:

You may submit comments on the proposed rule or draft economic analysis by one of the following methods:
1 Electronically: Go to the Federal eRulemaking Portal: http
www.regulations.gov. In the Search box, enter FWSR4ES20200062, which is the docket number for this rulemaking.
Then, click on the Search button. On the resulting page, in the Search panel on
ADDRESSES:

E:FRFM13JYP1.SGM

13JYP1