Endangered and Threatened Wildlife and Plants; Reclassification of Layia carnosa (Beach Layia) From Endangered to Threatened Species Status With Section 4(d) Rule

Citation86 FR 19184
Record Number2021-07608
Published date13 April 2021
CourtFish And Wildlife Service
19184
Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Proposed Rules
paragraph (a) of this section are not to
be included in any average computed
under this subpart.
* * * * *
9. Amend section 63.1985 by revising
paragraph (c) to read as follows:
§ 63.1985 Who enforces this subpart?
* * * * *
(c) The authorities that will not be
delegated to state, local, or tribal
agencies are as follows. Approval of
alternatives to the emission standards in
§§ 63.1955 through 63.1962. Where this
subpart references part 60, subpart
WWW of this subchapter, the cited
provisions will be delegated according
to the delegation provisions of part 60,
subpart WWW of this subchapter. For
this subpart, the EPA also retains the
authority to approve methods for
determining the NMOC concentration in
§ 63.1959(a)(3) and the method for
determining the site-specific methane
generation rate constant k in
§ 63.1959(a)(4).
10. Amend Table 1 to subpart AAAA
of part 63 by:
a. Revising the entry ‘‘§ 63.6(f)(1)’’;
b. Removing the entries for
‘‘§ 63.10(b)(vi)’’ and ‘‘§63.10(b)(vii)–
(xiv)’’ and adding in their places
‘‘§ 63.10(b)(2)(vi)’’
and‘‘§ 63.10(b)(2)(vii)–(xiv)’’,
respectively; and
c. Revising the entry for
‘‘§ 63.10(d)(3).’’
The revisions and additions read as
follows:
* * * * *
T
ABLE
1
TO
S
UBPART
AAAA
OF
P
ART
63—A
PPLICABILITY OF
NESHAP G
ENERAL
P
ROVISIONS TO
S
UBPART
AAAA
Part 63 citation Description
Applicable to
subpart AAAA
before
September 28, 2021
Applicable to
subpart AAAA
no later than
September 27, 2021
Explanation
*******
§ 63.6(f)(1) ................................ Exemption of nonopacity emission stand-
ards during SSM. No ............................ No.
*******
§ 63.10(b)(2)(vi) ........................ Recordkeeping for CMS malfunctions ...... No
1
......................... Yes.
§ 63.10(b)(2)(vii)-(xiv) ............... Other Recordkeeping of compliance
measurements. No
1
......................... Yes.
*******
§ 63.10(d)(3) ............................. Reporting of visible emission observa-
tions. No
1
......................... No.
*******
1
Before September 28, 2021, this subpart requires affected facilities to follow part 60, subpart WWW of this subchapter, which incorporates the
General Provisions of part 60 of this subchapter.
* * * * *
[FR Doc. 2021–07566 Filed 4–12–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2018–0042;
FXES11130900000–167–FF09E42000]
RIN 1018–BD00
Endangered and Threatened Wildlife
and Plants; Reclassification of Layia
carnosa (Beach Layia) From
Endangered to Threatened Species
Status With Section 4(d) Rule
AGENCY
: Fish and Wildlife Service,
Interior.
ACTION
: Proposed rule; reopening of
comment period; announcement of a
public informational meeting and public
hearing.
SUMMARY
: We, the U.S. Fish and
Wildlife Service (Service), recently
proposed to reclassify the beach layia
(Layia carnosa) as a threatened species
with a rule issued under section 4(d) of
the Endangered Species Act of 1973
(Act), as amended. We are reopening the
proposed rule comment period to give
all interested parties an additional
opportunity to comment on the
proposed rule, and we announce a
public informational meeting and public
hearing on the proposed rule.
Comments previously submitted need
not be resubmitted as they are already
incorporated into the public record and
will be fully considered in the final rule.
DATES
: Comment submission: The
comment period for the proposed rule
that published September 30, 2020 (85
FR 61684), is reopened. We will accept
comments received or postmarked on or
before May 13, 2021. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES
, below) must be received by
11:59 p.m. Pacific Time on the closing
date.
Public informational meeting and
public hearing: On April 29, 2021, we
will hold a public informational
meeting from 4:30 p.m. to 5 p.m., Pacific
Time, followed by a public hearing from
5 p.m. to 6 p.m., Pacific Time.
ADDRESSES
:
Availability of documents: You may
obtain copies of the September 30, 2020,
proposed rule and associated
documents on the internet at http://
www.regulations.gov under Docket No.
FWS–R4–ES–2018–0042.
Public informational meeting and
public hearing: The public
informational meeting and the public
hearing will be held virtually using the
Zoom platform. See Public Hearing,
below, for more information.
Comment submission: You may
submit comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: http://
www.regulations.gov. In the Search box,
enter FWS–R8–ES–2018–0042, which is
the docket number for the proposed
reclassification and section 4(d) rule.
Then click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, click on the
Proposed Rules link to locate this
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19185
Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Proposed Rules
document. You may submit a comment
by clicking on ‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
Docket No. FWS–R8–ES–2018–0042,
U.S. Fish and Wildlife Service, MS:
PRB/3W; 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
We request that you send comments
only by the methods described above.
We will post all comments on http://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
FOR FURTHER INFORMATION CONTACT
:
Jenny Ericson, Acting Field Supervisor,
U.S. Fish and Wildlife Service, Arcata
Fish and Wildlife Office, 1655 Heindon
Rd., Arcata, CA 95521; telephone 707–
822–7201. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION
:
Background
On September 30, 2020, we published
a proposed rule (85 FR 61684) to
reclassify beach layia from endangered
to threatened (i.e., ‘‘downlist’’ the
species) under the Act (16 U.S.C. 1531
et seq.). The proposed rule established
a 60-day public comment period, ending
November 30, 2020. We received a
request for a public hearing. Therefore,
we are reopening the comment period
and announcing a public informational
meeting and a public hearing to allow
the public an additional opportunity to
provide comments on the proposed rule.
For a description of previous Federal
actions concerning beach layia and
information on the types of comments
that would be helpful to us in
promulgating this rulemaking action,
please refer to the September 30, 2020,
proposed rule (85 FR 61684).
Public Hearing
We have scheduled a public
informational meeting and public
hearing on our September 30, 2020,
proposed rule to reclassify beach layia
(85 FR 61684). We will hold the public
informational meeting and public
hearing on the date and at the times
listed above under Public informational
meeting and public hearing in
DATES
.
We are holding the public informational
meeting and public hearing via the
Zoom online video platform and via
teleconference so that participants can
attend remotely. For security purposes,
registration is required. To listen and
view the meeting and hearing via Zoom,
listen to the meeting and hearing by
telephone, or provide oral public
comments at the public hearing by
Zoom or telephone, you must register.
For information on how to register, or if
you encounter problems joining Zoom
the day of the meeting, visit https://
www.fws.gov/arcata/es/plants/
beachLayia/layia.html. Registrants will
receive the Zoom link and the telephone
number for the public informational
meeting and public hearing. If
applicable, interested members of the
public not familiar with the Zoom
platform should view the Zoom video
tutorials (https://support.zoom.us/hc/
en-us/articles/206618765-Zoom-video-
tutorials) prior to the public
informational meeting and public
hearing.
The public hearing will provide
interested parties an opportunity to
present verbal testimony (formal, oral
comments) regarding the September 30,
2020, proposed rule to reclassify beach
layia (85 FR 61684). While the public
informational meeting will be an
opportunity for dialogue with the
Service, the public hearing is not. The
purpose of the public hearing is to
provide a forum for accepting formal
verbal testimony, which will then
become part of the record for the
proposed rule. In the event there is a
large attendance, the time allotted for
verbal testimony may be limited.
Therefore, anyone wishing to provide
verbal testimony at the public hearing is
encouraged to provide a prepared
written copy of their statement to us
through the Federal eRulemaking Portal,
or U.S. mail (see
ADDRESSES
, above).
There are no limits on the length of
written comments submitted to us.
Anyone wishing to provide verbal
testimony at the public hearing must
register before the hearing (https://
www.fws.gov/arcata/es/plants/
beachLayia/layia.html). The use of a
virtual public hearing is consistent with
our regulations at 50 CFR 424.16(c)(3).
Reasonable Accommodation
The Service is committed to providing
access to the public informational
meeting and public hearing for all
participants. Closed captioning will be
available during the public
informational meeting and public
hearing. Further, a full audio and video
recording and transcript of the public
hearing will be posted online at https://
www.fws.gov/arcata/es/plants/
beachLayia/layia.html after the hearing.
Participants will also have access to live
audio during the public informational
meeting and public hearing via their
telephone or computer speakers.
Persons with disabilities requiring
reasonable accommodations to
participate in the meeting and/or
hearing should contact the person listed
under
FOR FURTHER INFORMATION
CONTACT
at least 5 business days prior
to the date of the meeting and hearing
to help ensure availability. An
accessible version of the Service’s
public informational meeting
presentation will also be posted online
at https://www.fws.gov/arcata/es/
plants/beachLayia/layia.html prior to
the meeting and hearing (see
DATES
,
above). See https://www.fws.gov/arcata/
es/plants/beachLayia/layia.html for
more information about reasonable
accommodation.
Public Comments
If you submit information via http://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the website. If your submission is
made via hard copy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on http://www.regulations.gov.
Comments and materials we receive, as
well as supporting documentation we
used in preparing the proposed rule,
will be available for public inspection
on http://www.regulations.gov.
Authors
The primary author of this document
is Ecological Services staff of the Pacific
Southwest Regional Office, U.S. Fish
and Wildlife Service, Sacramento,
California.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2021–07608 Filed 4–12–21; 8:45 am]
BILLING CODE 4333–15–P
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