Federal Register - December 2, 2021
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Source: Federal Register
lotter on DSK11XQN23PROD with PROPOSALS1
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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules
CAA. This proposed action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive 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.
The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 65 FR 67249, November 9, 2000, nor will it impose substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
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Authority: 42 U.S.C. 7401 et seq.
Dated: November 26, 2021.
John Blevins, Acting Regional Administrator, Region 4.
FR Doc. 202126140 Filed 12121; 8:45 am BILLING CODE 656050P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224
Docket No. 2111290246; RTID 0648
XR118
Endangered and Threatened Wildlife;
90-Day Finding on a Petition To List the Atlantic Humpback Dolphin as Threatened or Endangered Under the Endangered Species Act National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: 90-Day petition finding, request for information, and initiation of status review.
AGENCY:
We, NMFS, announce a 90day finding on a petition to list the Atlantic humpback dolphin Sousa teuszii as threatened or endangered under the Endangered Species Act ESA. We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted.
Therefore, we are initiating a status review of the species to determine whether listing under the ESA is warranted. To ensure this status review is comprehensive, we are soliciting scientific and commercial information regarding this species.
DATES: Scientific and commercial information pertinent to the petitioned action must be received by January 31, 2022.
ADDRESSES: You may submit comments on this document, identified by NOAA
NMFS20210110 by the following method:
Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. Go to https www.regulations.gov and enter NOAANMFS20210110 in the Search box. Click on the Comment icon, complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments SUMMARY:
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received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information e.g., name, address, etc., confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments enter N/
A in the required fields if you wish to remain anonymous.
Interested persons may obtain a copy of the petition online at the NMFS
website: https www.fisheries.noaa.gov/
national/endangered-speciesconservation/petitions-awaiting-90-dayfindings.
FOR FURTHER INFORMATION CONTACT:
Heather Austin, NMFS Office of Protected Resources, 301 4278422, Heather.Austin@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background On September 8, 2021, we received a petition from the Animal Welfare Institute, the Center for Biological Diversity, and VIVA Vaquita to list the Atlantic humpback dolphin Sousa teuszii as a threatened or endangered species under the ESA. The petition asserts that Sousa teuszii is threatened by four of the five ESA section 4a1
factors: 1 The present destruction or modification of its habitat; 2
overutilization for commercial purposes; 3 inadequacy of existing regulatory mechanisms; and 4
manmade factors affecting its continued existence. The petition is available online see ADDRESSES.
ESA Statutory, Regulatory, and Policy Provisions and Evaluation Framework Section 4b3A of the ESA of 1973, as amended 16 U.S.C. 1531 et seq., requires, to the maximum extent practicable, that within 90 days of receipt of a petition to list a species as threatened or endangered, the Secretary of Commerce make a finding on whether that petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted, and to promptly publish such finding in the Federal Register 16 U.S.C. 1533b3A. When it is found that substantial scientific or commercial information in a petition indicates the petitioned action may be warranted a positive 90-day finding, we are required to promptly commence a review of the status of the species concerned during which we will conduct a comprehensive review of the best available scientific and commercial information. In such cases, we conclude
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