warranted for listing as endangered or threatened species under ESA. After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to delist the southern sea otter (Enhydra lutris nereis). We also find that is not warranted at this time to list the Cascades frog (Rana cascadae), plains spotted skunk (Spilogale interrupta, formerly recognized as one of three subspecies of eastern spotted skunk (Spilogale putorius interrupta)), sicklefin chub (Macrhybopsis meeki), sturgeon chub (Macrhybopsis gelida), Tennessee cave salamander (Gyrinophilus palleucus), and Yazoo crayfish (Faxonius hartfieldi, formerly Orconectes hartfieldi). However, they ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats. The findings in this document were made on 20 September 2023. Please submit any new information, materials, comments, or questions concerning this finding to the appropriate person listed in the Federal Register. (Federal Register 19 September 2023 [Proposed Rule] Pages 64870-64880)

USFWS propose to list the Miami cave crayfish (Procambarus milleri), a crayfish species from Miami-Dade County, Florida, as a threatened species under ESA. This determination also serves as their 12-month finding on a petition to list the Miami cave crayfish. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the Miami cave crayfish as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If finalized this proposed rule would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They will accept comments received or postmarked on or before 20 November 2023. POC is Lourdes Mena, Division Manager, Florida Classification and Recovery, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256–7517; tele 904–731–3134. (Federal Register 19 September 2023 [Proposed Rule] Pages 64870-64880)

A bill to require the Secretary of the Interior to prohibit the use of lead ammunition on United States Fish and Wildlife Service lands.(Congressional Record: 25 August 2023 [House] Pages H4203-H4205)

A bill to direct the Secretary of Defense to ensure that removal and remedial actions relating to PFAS contamination result in levels meeting or exceeding certain standards. (Congressional Record: 22 August 2023 [House] Pages H4196-H4197)

USFWS proposes to list the Quitobaquito tryonia (Tryonia quitobaquitae), a springsnail species from Arizona, as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the Quitobaquito tryonia. After a review of the best available scientific and commercial information, they find that listing the species is warranted. We also propose to designate critical habitat for the Quitobaquito tryonia under the Act. In total, approximately 6,095 square feet (566 square meters) across 2 subunits in Pima County, Arizona, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for Quitobaquito tryonia. If finalize this rule would extend the Act's protections to this species and its designated critical habitat. They will accept comments received or postmarked on or before 13 November 2023. POC is Heather Whitlaw, Field Supervisor, USFWS, Arizona Ecological Services Field Office, 9828 North 31st Ave #C3, Phoenix, AZ 85051–2517; tele 602–242–0210. (Federal Register 13 September 2023 [Proposed Rule] Pages 62725-62747)

EPA is proposing to amend the General Provisions for National Emission Standards for Hazardous Air Pollutants (NESHAP) to address applicability and compliance issues resulting from the addition of a compound to the list of hazardous air pollutants (HAP) under the Clean Air Act (CAA). This action focuses on issues related to newly applicable standards for sources that become major sources solely from the addition of a compound to the CAA HAP list. This action also includes a discussion of the impacts of a newly listed HAP on the federal operating permit program. Comments must be received on or before 13 November 2023. POC is Susan Miller, Mail Drop: D205–02, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number: (919) 541–2443; email: miller.susan@epa.gov. (Federal Register 13 September 2023 [Proposed Rule] Pages 62711-62725)

NMFS have rescheduled a public hearing related to the proposed rule to designate critical habitat for the Rice's whale under the Endangered Species Act (ESA). They are also extending the public comment period for this proposed rule to 6 October 2023. A virtual public hearing on the proposed rule will be held online on 28 September 2023, from 3:00 -5:00 PM (Eastern). The proposed rule to designate critical habitat for the Rice's whale under the ESA was published on 24 July 2023 (88 FR 47453), and provided for a public comment period to 22 September 2023. The comment period is now extended to 6 October 2023. Comments must be received by 6 October 2023. POC is Grant Baysinger, NMFS Southeast Region, (727) 551–5790. (Federal Register 12 September 2023 [Proposed Rule] Pages 62522-62523)

A bill to direct the Administrator of the Environmental Protection Agency to amend regulations relating to exemptions for engines and equipment for purposes of national security. (Congressional Record: 18 August 2023 [House] Pages H4191-H4192)

A bill to direct the Administrator of the Environmental Protection Agency to amend regulations relating to exemptions for engines and equipment for purposes of national security (Congressional Record 4 August 2023 [House] Pages H4164-H4165)

NMFS are issuing a proposed rule to change the status of pillar coral (Dendrogyra cylindrus) on the Federal List of Threatened and Endangered Species from threatened to endangered as recommended in the recent 5-year review of the species under the Endangered Species Act (ESA) of 1973. They propose this action based on population declines and susceptibility to a recently emerged coral disease. Written comments must be received on or before 30 October 2023. POC is Alison Moulding, tele: 727–551–5607 or email: alison.moulding@noaa.gov. (Federal Register 29 August 2023 [Proposed Rule] Pages 59494-59501)

USFWS propose to list the salamander mussel (Simpsonaias ambigua), a freshwater mussel species from the United States (Arkansas, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Missouri, New York, Ohio, Pennsylvania, Tennessee, West Virginia, and Wisconsin) and Canada (Ontario), as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the salamander mussel. They propose to list the salamander mussel as an endangered species under the Act. They also propose to designate critical habitat for the salamander mussel under the Act. In total, approximately 2,012 river miles (3,238 kilometers) in Indiana, Kentucky, Michigan, Minnesota, New York, Ohio, Pennsylvania, Tennessee, West Virginia, and Wisconsin fall within the boundaries of the proposed critical habitat designation. They announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the salamander mussel. If finalized this rule would extend the Act's protections to this species and its designated critical habitat. They will accept comments received or postmarked on or before 23 October 2023. POC is Scott Hicks, Field Supervisor, U.S. Fish and Wildlife Service, Michigan Ecological Services Field Office, 2651 Coolidge Road, East Lansing, MI 48823; telephone 517–351–2555. (Federal Register 22 August 2023 [Rule] Pages 57224-57290)

USFWS propose to list three Tennessee and Cumberland River basin mussel species, the Tennessee clubshell (Pleurobema oviforme), Tennessee pigtoe (Pleuronaia barnesiana), and Cumberland moccasinshell (Medionidus conradicus), as endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the three species. After a review of the best available scientific and commercial information, they find that listing the Tennessee clubshell, Tennessee pigtoe, and Cumberland moccasinshell as endangered species is warranted. If finalize this rule would extend the Act's protections to these species. They will accept comments received or postmarked on or before 23 October 2023. POC is Janet Mizzi, Field Supervisor, U.S. Fish and Wildlife Service, Asheville Ecological Services Field Office, 160 Zillicoa St., Asheville, NC 28801; tele 828–258–3939. (Federal Register 22 August 2023 [Rule] Pages 57060-57077)

USFWS propose to list the toothless blindcat (Trogloglanis pattersoni) and widemouth blindcat (Satan eurystomus), two cavefish species from the Edwards Aquifer in Bexar County, Texas, as endangered species under the ESA. This determination also serves as our 12-month finding on a petition to list the toothless blindcat and widemouth blindcat. After a review of the best available scientific and commercial information, they find that listing both species is warranted. If finalized this rule would extend the Act's protections to these species. They have determined that designation of critical habitat is not prudent. They will accept comments received or postmarked on or before 23 October 2023. POC is Karen Myers, Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological Services Field Office, 1505 Ferguson Lane, Austin, TX 78754; telephone 512–937–7371. (Federal Register 22 August 2023 [Rule] Pages 57046-57060)

USFWS propose to list the Brawleys Fork crayfish (Cambarus williami), a freshwater crayfish species from Tennessee, as a threatened species and designate critical habitat under the ESA. This determination also serves as their 12-month finding on a petition to list the Brawleys Fork crayfish. They propose to list the Brawleys Fork crayfish as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If finalized it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They also propose to designate critical habitat for the Brawleys Fork crayfish under the Act. In total, approximately 86.6 river miles (139.4 river kilometers) in Cannon, Rutherford, and Warren Counties, Tennessee, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis of the proposed designation of critical habitat for Brawleys Fork crayfish. They will accept comments received or postmarked on or before 23 October 2023. POC is Daniel Elbert, Field Supervisor, U.S. Fish and Wildlife Service, Tennessee Ecological Services Field Office, 446 Neal Street, Cookeville, Tennessee, 38501; Tele 931–254–9617. (Federal Register 22 August 2023 [Rule] Pages 57292-57327)

A bill to provide for green and resilient health care infrastructure, and for other purposes. (Congressional Record 27 July 2023 [Senate] Pages S3755)

A bill to amend the Agricultural Research, Extension, and Education Reform Act of 1998 to improve interagency coordination in the pesticide registration process, and for other purposes. (Congressional Record 28 July 2023 [House] Pages H4150)

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes. (Congressional Record 28 July 2023 [House] Pages H4151)

A bill to amend title 18, United States Code, to enhance protections against the importation, and transport between States, of injurious species, and for other purposes. (Congressional Record 26 July 2023 [House] Pages H4029)

USFWS determine endangered species status under the ESA, for the magnificent ramshorn (Planorbella magnifica), a freshwater snail species from southeastern North Carolina. They also designate critical habitat for the species. In total, approximately 739 acres (299 hectares) in two ponds in Brunswick County, North Carolina, fall within the boundaries of the critical habitat designation. This rule applies the protections of the Act to this species and its designated critical habitat. This rule is effective 18 September 2023. POC is Pete Benjamin, Field Supervisor, USFWS, Raleigh Ecological Services Field Office, P.O. Box 33726, Raleigh, NC 27636–3726; tele: 919–856–4520. (Federal Register 18 August 2023 [Rule] Pages 56471-56489)

USFWS proposes to list the Texas kangaroo rat (Dipodomys elator), a rodent from north-central Texas, as an endangered species and designate critical habitat under the ESA. This determination also serves as our 12-month finding on a petition to list the Texas kangaroo rat. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the Texas kangaroo rat as an endangered species under the Act. If finalize this rule would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to this species and its critical habitat. They also propose to designate critical habitat for the Texas kangaroo rat under the Act. In total, approximately 597,069 acres (241,625 hectares) in Childress, Cottle, Hardeman, Wichita, and Wilbarger Counties, Texas, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for Texas kangaroo rat. They will accept comments received or postmarked on or before 16 October 2023. POC is Beth Forbus, Regional Endangered Species Program Manager, Southwest Regional Office, 500 Gold Ave. SW, Albuquerque, NM 87102; tele: 505–318–8972. (Federal Register 17 August 2023 [Proposed Rule] Pages 55962-55991)

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to restructure and update the regulations to focus on current environmental and sustainability matters and to implement a requirement for agencies to procure sustainable products and services to the maximum extent practicable. Comments should be submitted on or before 2 October 2023. POC is Ms. Jennifer Hawes, tele 202-255-9194, email Jennifer.hawes@gsa.gov. (Federal Register 3 August 2023 (Draft Rules) pages 51672-51694)

Under section 4(d) of the ESA, the Secretary of Commerce (Secretary) shall issue protective regulations the Secretary deems necessary and advisable for the conservation of species listed as threatened. The Secretary may apply any of the prohibitions in section 9 of the ESA. This proposed rule would promulgate protective regulations to apply a subset of the ESA section 9 prohibitions to the Banggai cardinalfish (Pterapogon kauderni). They also announce the availability of a draft environmental assessment (EA) that analyzes the environmental impacts of this action, and solicit comments regarding this action and the draft EA. Comments regarding the proposed rule and supporting documents may be sent no later than 5 p.m. Eastern Standard Time on 16 October 2023. POC is Celeste Stout, NMFS, Office of Protected Resources, email: celeste.stout@noaa.gov or tele: (301) 427–8436. (Federal Register 15 August 2023 [Proposed Rule] Pages 55431-55436)

USFWS propose to remove the Apache trout (Oncorhynchus apache), a fish native to Arizona, from the Federal List of Endangered and Threatened Wildlife due to recovery. Their review of the best available scientific and commercial data indicates that the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of a threatened species or an endangered species under the ESA. If finalized the prohibitions and conservation measures provided by the Act, particularly through section 7 and the regulations would no longer apply to the Apache trout. They request information and comments from the public regarding this proposed rule for the Apache trout. They will accept comments received or postmarked on or before 10 October 2023. POC is Jess Newton, Project Leader, Arizona Fish and Wildlife Conservation Office, USFWS, 2500 S Pine Knoll Drive, Flagstaff, AZ 86001; tele: 928–556–2140. (Federal Register 11 August 2023 [Proposed Rule] Pages 54548-54564)

EPA is soliciting information and requesting comments to assist in the potential development of non-regulatory and regulatory options that would ensure the proper management of used industrial containers that held hazardous chemicals or hazardous waste, up to and including the drum reconditioning process. Options could include revising the Resource Conservation and Recovery Act (RCRA) regulations or other, non-regulatory options. This Advance Notice of Proposed Rulemaking (ANPRM) does not propose any regulatory requirements or change any existing regulatory requirements. Comments must be received on or before 25 September 2023. POC is Kaitlin Franssen, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (MC 5303P), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 566–0487; email: Franssen.Kaitlin@epa.gov. (Federal Register 11 August 2023 [Proposed Rule] Pages 54537-54548)

USFWS proposes to designate critical habitat for the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, under the ESA. In total, approximately 1,636.9 acres (662.4 hectares) in Otero County, New Mexico, fall within the boundaries of the proposed critical habitat designation. They also announced the availability of a draft economic analysis of the proposed designation of critical habitat for the Sacramento Mountains checkerspot butterfly. They will accept comments received or postmarked on or before 10 October 2023. POC is Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113; tele: 505–346–2525. (Federal Register 10 August 2023 [Proposed Rule] Pages 54263-54288)

A bill to amend the Emergency Planning and Community Right-To-Know Act of 1986 to exclude certain air emissions from emergency notification requirements. (Congressional Record: 20 July 2023 [Senate] Pages S3458-S3460)

This action proposes changes to the EPA's Air Emissions Reporting Requirements (AERR). The proposed amendments may require changes to current regulations of State, local, and certain tribal air agencies; would require these agencies to report emissions data to the EPA using different approaches from current requirements; and would require owners/operators of some facilities to report additional emissions data. Comments on this proposed rule must be received on or before 18 October 2023. POC is Mr. Marc Houyoux, Office of Air Quality Planning and Standards, Air Quality Assessment Division, Emission Inventory and Analysis Group (C339–02), EPA, Research Triangle Park, NC 27711; telephone number: (919) 541–3649; email: NEI_Help@epa.gov. (Federal Register: 9 August 2023 [Proposed Rule] Pags 54118-54222)

A bill to clarify the application of a certain provision of the Federal Insecticide, Fungicide, and Rodenticide Act with respect to the uniformity of pesticide labeling, consistent with the text of such Act. (Congressional Record: 22 June 2023 [House] Pages H3107-H3110)

EPA is proposing to lower the dust-lead hazard standards (DLHS) from 10 micrograms per square foot (µg/ft2 ) and 100 µg/ft2 for floors and window sills to any reportable level as analyzed by a laboratory recognized by EPA's National Lead Laboratory Accreditation Program. This is a non-numeric value the Agency refers to as greater than zero µg/ft2 and may vary based on laboratory or test. EPA is also proposing change the dust-lead clearance levels (DLCL), values used to determine when abatement work can be considered complete, from 10 µg/ft2 , 100 µg/ft2 and 400 µg/ft2 for floors, window sills, and window troughs to 3 µg/ft2 , 20 µg/ft2 , and 25 µg/ft2 , respectively. The DLHS for floors and window sills would not be the same as the DLCL for floors and window sills ( i.e., the DLHS and DLCL would be decoupled). Accordingly, dust-lead hazards could remain after an abatement due to the different statutory direction that Congress provided EPA with respect to the DLCL. EPA proposing to change the definition of abatement so that the recommendation for action applies when dust-lead loadings are or above the DLCL, as well as several other amendments, including revising the definition of target housing to conform with the statute. Comments must be received on or before 2 October 2023. POC is Claire Brisse, tele 202-564-9004, email brises.claire@epa.gov (Federal Register 1August 2023 [Proposed Rules] 50444-50483)

The Council on Environmental Quality (CEQ) is proposing this "Bipartisan Permitting Reform Implementation Rule" to revise its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA), including to implement the Fiscal Responsibility Act's amendments to NEPA. CEQ proposes the revisions to provide for an effective environmental review process that promotes better decision making; ensure full and fair public involvement; provide for an efficient process and regulatory certainty; and provide for sound decision making grounded in science, including consideration of relevant environmental, climate change, and environmental justice effects. CEQ proposes these changes to better align the provisions with CEQ's extensive experience implementing NEPA; CEQ's perspective on how NEPA can best inform agency decision making; longstanding Federal agency experience and practice; NEPA's statutory text and purpose, including making decisions informed by science; and case law interpreting NEPA's requirements. CEQ invites comments on the proposed revisions. Comments must be received by 29 September 2023. POC is Amy Coyle, tele 202-395-5750, email Amy.B.Coyle@ceq.eop.gov. (Federal Register 31 July 2023 [Proposed Rules] Pages 49924-49988)

The Environmental Protection Agency (EPA) request public input on the Safer Choice and Design for the Environment (DfE) programs' potential expansion of their certification to new product categories. Safer Choice helps consumers, businesses, and purchasers find products that perform and contain ingredients that are safer for human health and the environment. DfE is a similar program used by EPA to help consumers and commercial buyers identify antimicrobial products that meet the health and safety standards of the normal pesticide registration process required by the Federal Insecticide, Fungicide and Rodenticide Act. The Agency will hold a listening session webinar and request stakeholder comment on which new product categories Safer Choice and DfE could expand into and how the potential expansion could offer significant benefits to human health and the environment. Safer Choice and DfE certifications would likely not expand to certify materials. The availability of EPA certified products would help give consumers a choice of products that meet EPA's high standard for human and environmental health. Comments must be received on or before 11 September 2023. POC is Taylor Dunivin, tele 202-566-0580, email dunivin.taylor@epa.gov (Federal Register 27 July 2023 [Notices] 48463-48464)

The U.S. Fish and Wildlife Service (Service), propose to list two species and one subspecies of Brazilian swallowtail butterflies as endangered species under the Endangered Species Act of 1973, as amended (Act). Specifically, they are proposing to list the Fluminense swallowtail ( Parides ascanius), Harris' mimic swallowtail ( Eurytides (= Mimoides) lysithous harrisianus), and Hahnel's Amazonian swallowtail ( Parides hahneli), all butterflies endemic to Brazil. Comments must be received or postmarked on or before 25 September 2023. POC is Rachel London, tele 703-358-2171. (Federal Register 27 July 2023 [Proposed Rules] Pages 48414-48424)

The U.S. Fish and Wildlife Service (Service), proposes to list the green floater ( Lasmigona subviridis), a mussel species from as many as 10 States in the eastern United States and the District of Columbia, as a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973, as amended (Act). This document also serves as their 12-month finding on a petition to list the green floater. They also propose to designate critical habitat for the green floater. In total, approximately 2,553 kilometers (1,586 miles) of streams in Maryland, New York, North Carolina, Pennsylvania, Virginia, and West Virginia fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the green floater. If finalized as proposed, this rule would add this species to the List of Endangered and Threatened Wildlife. The Service will accept comments received or postmarked on or before 25 September 2023. POC is Ian Drew, tele 607-753-9334. citation(Federal Register 26 July 2023 [Proposed Rule] Pages 48294-48349)

The U.S. Fish and Wildlife Service (Service), announce findings that two species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, they find that it is not warranted at this time to list the Illinois chorus frog ( Pseudacris illinoensis) and Venus flytrap ( Dionaea muscipula). However, they ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats. The findings in this document were made on July 25, 2023. POC for the Illinois chorus frog is Kraig McPeak, tele 309-757-5800 email kraig_mcpeek@fws.gov; POC for the Venus flytrap is Dale Suiter, tele 919-856-4520, email dale_suiter@fws.gov. (Federal Registers 25 July 2023 [Proposed Rule] Pages 47839-47843)

The U.S. Fish and Wildlife Service (Service), propose to list two mussel species, the Salina mucket ( Potamilus metnecktayi) and Mexican fawnsfoot ( Truncilla cognata) (collectively referred to as the Rio Grande mussels), as endangered species. This determination also serves as their 12-month findings on petitions to list the Salina mucket and Mexican fawnsfoot. Critical habitat is also proposed for the Salina mucket and Mexican fawnsfoot under the ESA. For Salina mucket, approximately 200 river miles (rmi) (321 river kilometers (rkm)) in Brewster, Terrell, and Val Verde Counties, Texas, fall within the boundaries of the proposed critical habitat designation. For Mexican fawnsfoot, approximately 185 rmi (299 rkm) in Maverick, Webb, and Zapata Counties, Texas, fall within the boundaries of the proposed critical habitat designation. A draft economic analysis of the proposed designation of critical habitat for the Salina mucket and Mexican fawnsfoot is available. If finalized, as proposed proposed, this rule would add these species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species and their designated critical habitats. Comments must be postmarked on or before 25 September 2023. POC is Karen Myers, tele 512-937-7371. (Federal Register 25 July 2023 [Proposed Rule] Pages 47952-47988)

The National Marine Fisheries Service (Service) propose to designate critical habitat for the Rice's whale ( Balaenoptera ricei) by designating waters from the 100 meter (m) isobath to the 400 m isobath in the Gulf of Mexico (GOMx), pursuant to section 4 of the Endangered Species Act (ESA). They have considered economic, national security, and other relevant impacts of the proposed designation. They are not excluding any particular area from the critical habitat designation. They seek comments on all aspects of the proposed critical habitat designation and will consider information received before issuing a final designation. Written comments and information must be received by 22 September 2023. Virtual public hearings will be held on 24 August 2023 and 30 August 2023. Requests for additional public hearings must be made in writing by 7 September 2023. POC is Grant Baysinger tele (727) 551–5790; or Lisa Manning tele (301) 427–8466. (Federal Register 24 July 2023 [Proposed Rule] Pages 47453-47472)

The U.S. Fish and Wildlife Service (Service), are revising their proposed rule that would streamline our process for permitting of rights-of-way across National Wildlife Refuge System lands and other Service-administered lands. By aligning Service processes more closely with those of other Department of the Interior (DOI) bureaus, to the extent practicable and consistent with applicable law, they will reduce the amount of time the Service requires to process applications for rights-of-way across Service-managed lands. We originally proposed revisions that included requiring a preapplication meeting and use of a standard application, allowing electronic submission of applications, and providing the Service with additional flexibility, as appropriate, to determine the fair market value or fair market rental value of rights-of-way across Service-managed lands. They now further propose new permit terms and conditions and other regulatory changes. The Service seeks comments on this revised proposed rule. The public comment period on the proposed rule that published on 19 January 2021, at 86 FR 5120, is reopened. We will accept comments until 23 August 2023. POC is Ken Fowler, tele (703) 358–1876. (Federal Register 24 July 2023 [Proposed Rule] Pages 47442-47453)

A bill to amend the Clean Air Act to provide for the establishment of standards to limit the carbon intensity of the fuel used by certain vessels (Congressional Record: 8 June 2023 [Senate] Pages S2028-S2029)

A bill to amend the Clean Air Act to provide for the establishment of standards to limit the carbon intensity of the fuel used by certain vessels. (Congressional Record 12 June 2023 [House] Pages H2806-H2809)

A bill to require the Director of the United States Fish and Wildlife Service to reissue a final rule removing the gray wolf from the list of endangered and threatened wildlife under the Endangered Species Act of 1973. (Congressional Record: 8 June 2023 [Senate] Pages S2028-S2029)

PHMSA is publishing this ANPRM to solicit stakeholder feedback on initiatives PHMSA is considering that may modernize the Hazardous Materials Regulations and improve efficiencies while maintaining or improving a current high level of safety. To fully engage with stakeholders, this ANPRM solicits comments and input on questions related to 46 distinct topics under consideration. Any comments, data, and information received will be used to evaluate and potentially draft proposed amendments. Comments must be received by 3 October 2023. POC is Eamonn Patrick, Standards and Rulemaking Division, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, at 202–366–8553. (Federal Register 5 July 2023 [Proposed Rule] Pages 43016-43047)

USFWS proposes to list the dunes sagebrush lizard (Sceloporus arenicolus), a species found only in southeastern New Mexico and west Texas, as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the dunes sagebrush lizard. After a review of the best available scientific and commercial information, they find that listing the species is warranted. If finalized this rule as proposed will add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They find the designation of critical habitat to be prudent but not determinable at this time. They will accept comments received or postmarked on or before 1 September 2023. Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113; tele: 505–346–2525. (Federal Register 3 July 2023 [Proposed Rule] Pages 42661-42677) .

The EPA is proposing to amend the NESHAP for RICE, the NSPS for Stationary Compression Ignition (CI) Internal Combustion Engines, and the NSPS for Stationary Spark Ignition (SI) Internal Combustion Engines, to add electronic reporting provisions. The addition of electronic reporting provisions will provide for simplified reporting by sources and enhance availability of data on sources to the EPA and the public. In addition, a small number of clarifications and corrections to these rules are being proposed to correct inadvertent and other minor errors in the Code of Federal Regulations (CFR), particularly related to tables. Finally, information is being solicited on the provisions specifying that emergency engines can operate for up to 50 hours per year to mitigate local transmission and/or distribution limitations to avert potential voltage collapse or line overloads that could lead to the interruption of power supply in a local area or region. POC is Christopher Werner, Sector Policies and Programs Division (D243–01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; teler: (919) 541–5133; and email: werner.christopher@epa.gov. (Federal Register 26 June 2023 [Proposed Rule] Pages 41361-41369)

USFWS and NMFS propose to amend portions of their regulations that implement section 7 of the ESA. The Services are proposing these changes to further clarify and improve the interagency consultation processes, while continuing to provide for the conservation of listed species. They will accept comments from all interested parties until 21 August 2023. Craig Aubrey, Ecological Services, USFWS, 5275 Leesburg Pike, Falls Church, VA 22041–3803, tele 703/358–2442. (Federal Register 22 June 2023 [Proposed Rule] Pages 40753-40764)

USFWS and NMFS propose to revise portions of our regulations that implement section 4 of the ESA. The proposed revisions to the regulations clarify, interpret, and implement portions of the Act concerning the procedures and criteria used for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened Wildlife and Plants and designating critical habitat. They will accept comments from all interested parties until 21 August 2023. Carey Galst, USFWS, Division of Ecological Services, Branch of Listing Policy and Support Chief, 5275 Leesburg Pike, Falls Church, VA 22041–3803, tele 703–358–1954. (Federal Register 22 June [Proposed Rule] Pages 40764-40774)

USFWS propose to revise our regulations concerning protections of endangered species and threatened species under the ESA. They are proposing to reinstate the general application of the "blanket rule" option for protecting newly listed threatened species pursuant to section 4(d) of the Act, with the continued option to promulgate species-specific rules. They are also proposing to extend to federally recognized Tribes the exceptions to prohibitions for threatened species that the regulations currently provide to the employees or agents of the Service and other Federal and State agencies to aid, salvage, or dispose of threatened species. They also request comments on an additional provision under consideration, but not currently proposed, that would extend to federally recognized Tribes the exceptions to prohibitions for threatened species that the regulations currently provide to employees or agents of the Service, the National Marine Fisheries Service, and State agencies for take associated with conservation-related activities. They will accept comments from all interested parties until 21 August 2023. Carey Galst, USFWS, Division of Ecological Services, Branch of Listing Policy and Support Chief, 5275 Leesburg Pike, Falls Church, VA 22041–3803, tele 703–358–1954. (Federal Register 22 June [Proposed Rule] Pages 40742-40753)

USFWS proposes to list the southern elktoe (Alasmidonta triangulata), a freshwater mussel species endemic to the Apalachicola-Chattahoochee-Flint Basin of Alabama, Georgia, and Florida, as an endangered species and designate critical habitat under the ESA. This determination also serves as their 12-month finding on a petition to list the southern elktoe. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the southern elktoe as an endangered species under the Act. They also propose to designate critical habitat for the southern elktoe under the Act. They will accept comments received or postmarked on or before 21 August 2023. POC is Lourdes Mena, Florida Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256–7517; tele: 904–731–3134. (Federal Register 21 June 2023 [Proposed Rule] Pages 40160-40189).

A bill to amend the Clean Air Act to eliminate the renewable fuel standard advanced biofuel corn starch prohibition. (Congressional Record 15 May 2023 [House] Pages H2342-H2347)

USFWS proposes to list Navasota false foxglove (Agalinis navasotensis), a plant species from Grimes and Tyler Counties, Texas, as an endangered species under the ESA. This determination also serves as our 12-month finding on a petition to list Navasota false foxglove. After a review of the best available scientific and commercial information, they find that listing the species is warranted. They also propose to designate critical habitat for Navasota false foxglove under the Act. In total, approximately 1.9 acres (0.8 hectares) in Grimes and Tyler Counties, Texas, fall within the boundaries of the proposed critical habitat designation. In addition, they announce the availability of a draft economic analysis of the proposed designation of critical habitat for Navasota false foxglove. If finalized this rule as proposed would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species and its designated critical habitat. They will accept comments received or postmarked on or before 14 August 2023. POC is Chuck Ardizzone, Project Leader, Texas Coastal Ecological Services Field Office, USFWS, 17629 El Camino Real, Ste. 211, Houston, TX 77058; tele: (281) 286–8282. (Federal Register 13 June 2023 [Proposed Rule] Pages 38455-38477)

USFWS proposes to list the swale paintbrush (Castilleja ornata), a flowering plant species from New Mexico within the United States and the states of Chihuahua and Durango in Mexico, as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the swale paintbrush. After a review of the best available scientific and commercial information, they find that listing the species is warranted. If finalized this rule as proposed would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. They find that designating critical habitat for the swale paintbrush is not prudent at this time. Comments will be accepted if received or postmarked on or before 7 August 2023. POC is Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna Road NE, Albuquerque, NM 87113; tele 505–346–2525. (Federal Register 8 June 2023 [Proposed Rule] Pages 37490-37504)

This action finalizes Federal Implementation Plan (FIP) requirements to address 23 states' obligations to eliminate significant contribution to nonattainment, or interference with maintenance, of the 2015 ozone NAAQS in other states. The EPA is taking this action under the "good neighbor" or "interstate transport" provision of the CAA. The Agency is defining the amount of ozone-precursor emissions (specifically, nitrogen oxides) that constitute significant contribution to nonattainment and interference with maintenance from these 23 states. With respect to fossil fuel-fired power plants in 22 states, this action will prohibit those emissions by implementing an allowance-based trading program beginning in the 2023 ozone season. With respect to certain other industrial stationary sources in 20 states, this action will prohibit those emissions through emissions limitations and associated requirements beginning in the 2026 ozone season. This final rule is effective on 4 August 2023. POC Ms. Elizabeth Selbst, Air Quality Policy Division, Office of Air Quality Planning and Standards (C539–01), Environmental Protection Agency, 109 TW Alexander Drive, Research Triangle Park, NC 27711; telephone number: (312) 886–4746; email address: selbst.elizabeth@epa.gov. (Federal Register 5 June 2023 [Rule] Pages 36654-36918)

A bill to exempt certain aviation entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)

A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)

A bill to improve the environmental review process. (Congressional Record: 4 May 2023 [Senate] Pages S1533-S1534)

A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)

A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)

A bill to amend the Energy Policy Act of 2005 to require the Secretary of Energy to create a plan for research, development, and commercialization projects capable of making significant reductions in the greenhouse gas emissions or carbon intensity of qualified fuel production facilities. (Congressional Record: 10 May 2023 [House] Pages H2243-H2245)

A bill to amend the Plant Protection Act for purposes of mitigating the threat of invasive species. (Congressional Record: 10 May 2023 [House] Pages H2243-H2245)

EPA is proposing five separate actions under section 111 of the CAA addressing GHG emissions from fossil fuel-fired electric generating units (EGUs). The EPA is proposing revised new source performance standards (NSPS), first for GHG emissions from new fossil fuel-fired stationary combustion turbine EGUs and second for GHG emissions from fossil fuel-fired steam generating units that undertake a large modification, based upon the 8-year review required by the CAA. Third, the EPA is proposing emission guidelines for GHG emissions from existing fossil fuel-fired steam generating EGUs, which include both coal-fired and oil/gas-fired steam generating EGUs. Fourth, the EPA is proposing emission guidelines for GHG emissions from the largest, most frequently operated existing stationary combustion turbines and is soliciting comment on approaches for emission guidelines for GHG emissions for the remainder of the existing combustion turbine category. Finally, the EPA is proposing to repeal the Affordable Clean Energy (ACE) Rule. Comments must be received on or before 24 July 2023. POC is Christian Fellner, Sector Policies and Programs Division (D243–02), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541–4003; and email: fellner.christian@epa.gov. (Federal Register 23 May 2023 [Proposed Rule] Pages 33240-33420)

Pursuant to the EPA's Significant New Alternatives Policy program, this action proposes to list certain substances in the refrigeration and air conditioning sector. Specifically, EPA proposes to list several substitutes as acceptable, subject to use conditions, for retail food refrigeration, commercial ice machines, industrial process refrigeration, cold storage warehouses, and ice skating rinks. Through this action, EPA is proposing to incorporate by reference standards which establish requirements for commercial refrigerating appliances and commercial ice machines, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. This action also proposes to exempt propane, in the refrigerated food processing and dispensing end-use, from the prohibition under the CAA on knowingly venting, releasing, or disposing of substitute refrigerants, on the basis of current evidence that the venting, release, or disposal of this substance in this end-use does not pose a threat to the environment. Comments must be received on or before 10 July 2023. POC is Gerald Wozniak, Stratospheric Protection Division, Office of Atmospheric Protection, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202–343–9624; email:wozniak.gerald@epa.gov. (Federal Register 24 May 2023 [Proposed Rule] Pages 33722-33797).

NMFS announce a positive 90-day finding on a petition to list the smalltail shark (Carcharhinus porosus) as threatened or endangered under the ESA. The petitioner also requests that NMFS designate critical habitat. They find that the petition and information readily available in their files present substantial scientific or commercial information indicating that listing the smalltail shark as threatened or endangered may be warranted. Therefore, they are commencing a review of the status of the smalltail shark to determine whether listing under the ESA is warranted. To support a comprehensive status review, they are soliciting scientific and commercial data regarding this species. Scientific and commercial data pertinent to the petitioned action must be received by 24 July 2023. POC is Joe Heublein, NMFS Southeast Region, 727–209–596. (Federal Register 23 May 2023 [Proposed Rule] Pages 33075-33079).

A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes; to the Committee on Environment and Public Works. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)

A bill to amend the Federal Water Pollution Control Act to modify the definition of navigable waters. (Congressional Record: 29 March 2023 [Senate] Pages S1052-S1053)

A bill to repeal the renewable fuel program of the Environmental Protection Agency (Congressional Record 20 April 2023 [House] Pages H1906-H1909)

A bill to restore, reaffirm, and reconcile environmental justice and civil rights. (Congressional Record: 22 March 2023 [Senate] Pages S908-S910)

A bill to amend the Clean Air Act to prohibit the issuance of permits under title V of that Act for certain emissions from agricultural production. (Congressional Record: 28 March 2023 [Senate] Page S999)

A bill to require agencies to complete a regulatory impact analysis before issuing a significant rule. (Congressional Record: 16 March 2023 [Senate] Pages S825-S826)

A bill to amend the Toxic Substances Control Act to prohibit the manufacture, processing, use, and distribution in commerce of commercial asbestos and mixtures and articles containing commercial asbestos. (Congressional Record: 30 March 2023 [House] Pages H1689-H1693)

A bill to amend the Energy Policy Act of 2005 to update the Federal purchase requirement to ensure the use of 100 percent renewable energy by 2050. [Congressional Record: April 19, 2023 [House] Pages H1885-H1887)

A bill to prohibit Federal agencies from purchasing or leasing new vehicles that are not zero-emission vehicles. [Congressional Record: 19 April 2023 [House] Pages H1885-H1887)

The EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Commercial Sterilization Facilities source category. The EPA is proposing decisions concerning the risk and technology review (RTR), including proposing amendments pursuant to the technology review for certain point source emissions and proposing amendments pursuant to the risk review to specifically address ethylene oxide (EtO) emissions from point source and room air emissions from all commercial sterilization facilities. The EPA is also proposing amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including removing general exemptions for periods of SSM and adding work practice standards for periods of SSM where appropriate. Lastly, the EPA is proposing to revise monitoring and performance testing requirements and to add provisions for electronic reporting of performance test results and reports, performance evaluation reports, and compliance reports. Comments must be received on or before 12 June 2023. For questions about this proposed action, contact Jonathan Witt, Sector Policies and Programs Division (E143–05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, NC 27711; tele: (919) 541– 5645; and email: witt.jon@ epa.gov. (Federal Register 13 April 2023 [Proposed Rule] Pages 22790-22857)

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for a consistent definition for plant biostimulants. (Congressional Record: 15 March 2023 [Senate] Pages S797-S798).

EPA is seeking public input and data to assist in the consideration of potential development of future regulations pertaining to PFAS under the CERCLA or Superfund. The Agency is seeking input and data regarding potential future hazardous substance designation under CERCLA of: Seven PFAS, besides PFOA and PFOS, and their salts and structural isomers, or some subset thereof; precursors (a precursor is a chemical that is transformed into another compound through the course of a degradation process) to PFOA, PFOS, and seven other PFAS; and/or categories of PFAS. Comments must be received on or before 12 June 2023. POC is Michelle Schutz, Office of Superfund Remediation and Technology Innovation (5201T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 703–346–9536; email: schutz.michelle@epa.gov. (Federal Register 13 April 2023 [Proposed Rule] Pages 22399-22403).

USFWS announced the reopening of the comment period on their 15 July 2021, proposed rule (hereinafter the "2021 proposed rule") to designate critical habitat for the rufa red knot (Calidris canutus rufa) under the ESA. In this document, they present revisions to the critical habitat designation we proposed for the species in the 2021 proposed rule. As a result of the critical habitat revisions, they now propose to designate a total of approximately 683,405 acres (276,564 hectares) as critical habitat for the rufa red knot across 127 units (18 of which are further subdivided into 46 subunits) in Massachusetts, New York, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. This revision includes seven new units in Massachusetts, New York, Virginia, North Carolina, South Carolina, and Georgia; revised units in Massachusetts, New Jersey, South Carolina, Georgia, and Texas; and corrections to reported acreages/hectares for four other units and the total acreage in the 2021 proposed rule. USFWS can fully consider comments in their final determination if submitted on or before 30 May 2023. POC is Eric Schrading, Field Supervisor, USFWS, New Jersey Ecological Services Field Office, 4 East Jimmie Leeds Road, Suite 4, Galloway, NJ 08205; tele: 609–382–5272. (Federal Register 13 April 2023 [Proposed Rule] Pages 22530-22693).

USFWS propose to remove the Colorado hookless cactus (Sclerocactus glaucus) from the Federal List of Endangered and Threatened Plants (List) due to recovery. Recent taxonomic studies have indicated that the currently listed entity is actually two species: Sclerocactus glaucus and Sclerocactus dawsonii. They find that neither species should be listed as a threatened or endangered species under the ESA. Their review of the best available scientific and commercial data indicates that the threats to the species have been eliminated or reduced to the point that these species no longer meet the definition of a threatened or endangered species under the Act. They request information and comments from the public regarding this proposed rule and the draft post-delisting monitoring (PDM) plan for Colorado hookless cactus (S. glaucus and S. dawsonii). If this proposal is finalized, Colorado hookless cactus will be removed from the List and the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, will no longer apply to the species. They will accept comments received or postmarked on or before 12 June 2023. POC is Creed Clayton, Acting Western Colorado Field Supervisor, USFWS, Colorado Ecological Services Office, 445 West Gunnison Ave., Suite 240, Grand Junction, CO 81501; tele 970–628–7187. (Federal Register 11 April 2023 [Proposed Rule] Pages 21582-21600)

NMFS have completed a comprehensive status review under the ESA for the Atlantic humpback dolphin (Sousa teuszii) in response to a petition from the Animal Welfare Institute, the Center for Biological Diversity, and VIVA Vaquita to list the species. Based on the best scientific and commercial information available, including the draft status review report, and taking into account efforts being made to protect the species, they have determined that the Atlantic humpback dolphin has a high risk of extinction throughout its range and warrants listing as an endangered species. This species occurs only in coastal Atlantic waters of western Africa. They are authorized to designate critical habitat within U.S. jurisdiction only, and they are not aware of any areas within U.S jurisdiction that may meet the definition of critical habitat under the ESA. Therefore, they are not proposing to designate critical habitat. NMFS are soliciting public comments on our draft status review report and proposal to list this species. Comments on this proposed rule must be received by 6 June 2023. POC is Heather Austin, NMFS Office of Protected Resources, 301–427–8422. (Federal Register 7 April 2023 [Proposed Rule] Pages 20829-20846)

A bill to amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act. (Congressional Record 14 March 2023 [House] Pages H1284-H1286)

A bill to amend the Federal Water Pollution Control Act to modify the definition of navigable waters, and for other purposes; to the Committee on Transportation and Infrastructure. (Congressional Record: 10 March 2023 [House] Pages H1277-H1279)

A bill to amend the National Environmental Policy Act of 1969 to clarify ambiguous provisions, reflect modern technologies, optimize interagency coordination, and facilitate a more efficient, effective, and timely environmental review process. (Congressional Record 14 March 2023 [House] Pages H1284-H1286)

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide for the consideration of climate change. (Congressional Record: 8 March 2023 [House] Pages H1204-H1207)

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for a consistent definition for plant biostimulants (Congressional Record: 8 March 2023 [House] Pages H1204-H1207)

A bill to amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act. (Congressional Record 14 March 2023 [Senate] Pages S771-S772)

A bill to require applicable Federal agencies to take action on applications for Federal energy authorizations. (Congressional Record 14 March 2023 [Senate] Pages S771-S772)

A bill to direct the Secretary of the Interior to reissue a final rule relating to removing the Greater Yellowstone Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife and to issue a new rule removing the Northern Continental Divide Ecosystem population of grizzly bears from such list. (Congressional Record: 3 March 2023 [House] Pages H1112-H1114)

A bill to direct the Secretary of the Interior to issue a new rule removing the Northern Continental Divide Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife. (Congressional Record: 7 March 2023 [House] Pages H1147-H1150)

A bill to direct the Secretary of the Interior to reissue a final rule relating to removing the Greater Yellowstone Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife. (Congressional Record: 28 February 2023 [House] Pages H967-H971)

A bill to require the Administrator of the Environmental Protection Agency to authorize the use of flexible air permitting with respect to certain critical energy resource facilities (Congressional Record: 21 February 2023 [House] Pages H864-H867)

A bill to authorize the Administrator of the Environmental Protection Agency to waive application of certain requirements with respect to processing and refining a critical energy resource at a critical energy resource facility (Congressional Record: 21 February 2023 [House] Pages H864-H867)

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use. (Congressional Record 2 February 2023 [Senate] Pages S229-S230)

A bill to amend the Federal Water Pollution Control Act to make changes with respect to water quality certification. (Congressional Record: 24 February 2023 [House] Pages H873-H875

A bill to require the Secretary of the Interior to reissue regulations removing the gray wolf from the list of endangered and threatened wildlife under the Endangered Species Act of 1973. (Congressional Record: 2 February 2023 [House] Pages H675-H680)

USFWS proposes to list two distinct population segments (DPSs) of the California spotted owl (Strix occidentalis occidentalis), a bird species from California and Nevada, under the ESA. This determination also serves as their 12-month finding on a petition to list the California spotted owl. After a review of the best available scientific and commercial information, they find that listing the Coastal-Southern California DPS as endangered is warranted, and that listing the Sierra Nevada DPS as threatened is warranted. Accordingly, they propose to list the Coastal-Southern California DPS as an endangered species under the Act and the Sierra Nevada DPS as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If finalized this rule as proposed, will add these two DPSs to the List of Endangered and Threatened Wildlife and extend the Act's protections to them. They will accept comments received or postmarked on or before 24 April 2023. POC is Michael Fris, Field Supervisor, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Sacramento, CA 95825; tele 916-414-6700. (Federal Register 23 February 2023 [Rule] pages 11600-11639)

USFWS proposes to remove the Southeast U.S. distinct population segment (DPS) of the wood stork (Mycteria americana) from the Federal List of Endangered and Threatened Wildlife due to recovery. This determination is based on a thorough review of the best available scientific and commercial data, which indicate that this wood stork DPS has recovered and the threats to it are being adequately managed such that the DPS no longer meets the definition of an endangered species or threatened species under the ESA). If finalized the prohibitions and conservation measures provided by the ESA, particularly through section 7, and USFWS regulations would no longer apply to the wood stork DPS. They are seeking information and comments from the public regarding this proposed rule. They will accept comments received or postmarked on or before 17 April 2023. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517; tele: 904-731-3134. (Federal Register 15 February 2023 [Proposed Rule] Pages 9830-9850)

U.S. Fish Wildlife Service proposes to revise the regulations concerning the issuance of enhancement of survival and incidental take permits under the ESA. The purposes of these revisions are to clarify the appropriate use of enhancement of survival permits and incidental take permits; clarify our authority to issue these permits for non-listed species without also including a listed species; simplify the requirements for enhancement of survival permits by combining safe harbor agreements and candidate conservation agreements with assurances into one agreement type; and include portions of our five-point policies for safe harbor agreements, candidate conservation agreements with assurances, and habitat conservation plans in the regulations to reduce uncertainty. They also propose to make technical and administrative revisions to the regulations. The proposed regulatory changes are intended to reduce costs and time associated with negotiating and developing the required documents to support the applications. They will accept comments from all interested parties until 10 April 2023. POC is Lisa Ellis, Chief, Branch of Recovery and Conservation Planning, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tele: 703-358-2307. (Federal Register 9 February 2023 [Proposed Rule] Pages 8380-8396)

USFWS announced three 90-day findings on petitions to delist the grizzly bear in the lower-48 States (Ursus arctos horribilis) under the ESA. One petition requests delisting the grizzly bear in the lower-48 States, and the other two petitions request delisting populations in two specific ecosystems, the Northern Continental Divide Ecosystem (NCDE) and the Greater Yellowstone Ecosystem (GYE). With the publication of this document, they announce that they plan to initiate a status review to determine whether the petitioned actions are warranted. To ensure that the status review is comprehensive, they are requesting new scientific and commercial data and other information regarding the grizzly bear in the NCDE and GYE and factors that may affect its status in those ecosystems, including the adequacy of existing regulatory mechanisms to address threats now and in the foreseeable future. Based on the status review, they will issue a 12-month petition finding, which will address whether the petitioned actions are warranted, in accordance with the Act. The findings announced in this document were made on 6 February 2023. POC is Hilary Cooley, Grizzly Bear Recovery Coordinator, Grizzly Bear Recovery Office, telephone: 406-243-4903, email: hilary_cooley@fws.gov. (Federal Register 6 February 2023 [Proposed Rule] Pages 7658-7660)

On July 13, 2022, we, the U.S. Fish and Wildlife Service (Service), proposed to delist the Puerto Rican boa (Chilabothrus inornatus, but listed as Epicrates inornatus), an endemic snake from Puerto Rico. USFWS announced a 60-day public comment period on the proposed rule, ending September 12, 2022. They are reopening the comment period for 30 days to hold a public hearing and to allow all interested parties additional time to comment on our proposal. Comments previously submitted will be fully considered in preparation of the final rule and do not need to be resubmitted. They will accept comments received or postmarked on or before 2 March 2023. POC is Edwin Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; email: Caribbean_es@fws.gov; tele: (787) 405-3641. (Federal Register 31 January 2023 [Proposed Rule] Pages 6220-6222).

USFWS proposes to designate critical habitat for the sickle darter (Percina williamsi) under the ESA. In total, approximately 104 river miles (168 river kilometers) in Bledsoe, Blount, Morgan, and Roane Counties, Tennessee, and Scott, Smyth, and Washington Counties, Virginia, fall within the boundaries of the proposed critical habitat designation. If finalized this would extend the Act's protections to this species' critical habitat. They also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the sickle darter. They will accept comments received or postmarked on or before 27 March 2023. POC is Daniel Elbert, Field Supervisor, USFWS, Tennessee Ecological Services Field Office, 446 Neal Street, Cookeville, TN 38501; tele 931-528-6481. (Federal Register 24 January 2023 [Proposed Rule] Pages 4128-4150)

A bill to amend sections 111, 169, and 171 of the Clean Air Act to clarify when a physical change in, or change in the method of operation of, a stationary source constitutes a modification or construction. (Congressional Record: 9 January 2023 [House] Pages H97-H108)

A bill to amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. (Congressional Record: 9 January 2023 [House] Pages H97-H108)

NMFS announce a 90-day finding on a petition to list the Oregon Coast (OC) and Southern Oregon and Northern California Coastal (SONCC) Chinook salmon (Oncorhynchus tshawytscha) Evolutionarily Significant Units (ESUs) as threatened or endangered under the ESA or, alternatively, list only the spring-run Chinook salmon components of the OC ESU and the SONCC ESU as threatened or endangered under the ESA. The Petitioners also requested that NMFS designate critical habitat concurrently with the listing. With respect to the request to list the entire OC and SONCC ESUs, they find that the petition presents substantial scientific and commercial information indicating the petitioned actions may be warranted. For the request to list only the spring-run components of those ESUs, they do not find that the petition presents substantial scientific and commercial information indicating that the petitioned action is warranted. Scientific and commercial information pertinent to the petitioned action must be received by 13 March 2023. POC is Gary Rule, NMFS West Coast Region, at gary.rule@noaa.gov, (503) 230-5424. (Federal Register 11 January 2023 [Proposed Rule] Pages 1548-1555)

Under the Clean Air Act, the EPA is required to determine the applicable volume requirements for the Renewable Fuel Standard (RFS) for years after those specified in the statute. This action proposes the applicable volumes and percentage standards for 2023 through 2025 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel. This action also proposes the second supplemental standard addressing the remand of the 2016 standard-setting rulemaking. Finally, this action proposes several regulatory changes to the RFS program including regulations governing the generation of qualifying renewable electricity and other modifications intended to improve the program's implementation. Comments must be received on or before 10 February 2023. POC is David Korotney, Office of Transportation and Air Quality, Assessment and Standards Division, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: 734-214-4507; email: RFS-Rulemakings@epa.gov. (Federal Register 30 December 2022 [Proposed Rule] Pages 80582-80756)

DOE is publishing a supplemental notice of proposed rulemaking SNOPR to establish revised energy performance standards for the construction of new Federal buildings, including commercial buildings, multi-family high-rise residential buildings, and low-rise residential buildings per the ECPA, as amended by the EISA of 2007. This document presents an updated proposal with a new focus that accounts for the needs of Federal agencies and the goals of the Administration and responds to comments received on prior NOPR and SNOPR documents. Consistent with the requirements of ECPA and EISA, this document presents revised Federal building energy performance standards that would require reductions in Federal agencies' on-site use of fossil fuels (which include coal, petroleum, natural gas, oil shales, bitumens, tar sands, and heavy oils) consistent with the targets of ECPA and EISA and provides processes by which agencies can petition DOE for the downward adjustment of said targets for buildings. DOE will accept comments, data, and information regarding this SNOPR no later than 21 February 2023. POC is Mr. Jeremy Williams, U.S. DOE, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: Jeremy.Williams@ee.doe.gov. (Federal Register: 21 December 2022 [Proposed Rule] Pages 78382-78436).

USFWS propose to designate critical habitat for the federally threatened `i`iwi (Drepanis coccinea) under the ESA. In total, approximately 275,647 acres (111,554 hectares) on the islands of Kaua`i, Maui, and Hawai`i, in the State of Hawaii, fall within the boundaries of the proposed critical habitat designation. They also announced a public informational meeting and public hearing and the availability of a draft economic analysis of the proposed critical habitat designation. They will accept comments received or postmarked on or before 27 February 2023. POC is Earl Campbell, Project Leader, USFWS, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard Room 3-122, Honolulu, HI 96850; tele 808-792-9400. (Federal Register 28 December 2022 [Proposed Rule] Pages 79942-79975)

DoD, GSA, and NASA issued a proposed rule on 14 November 2022, proposing to amend the Federal Acquisition Regulation (FAR) to implement a requirement to ensure certain Federal contractors disclose their greenhouse gas emissions and climate-related financial risk and set science-based targets to reduce their greenhouse gas emissions. The deadline for submitting comments is being extended from 13 January 2023, to 13 February 2023, to provide additional time for interested parties to provide comments on the proposed rule. For the proposed rule published on 14 November 2022, (87 FR 68312), submit comments by 13 February 2023. POC is Ms. Jennifer Hawes, Procurement Analyst, at 202-255-9194 or by email at jennifer.hawes@gsa.gov. (Federal Register 23 December 2022 [Proposed Rule] Pages 78910-7891)

EPA is proposing to issue regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on 27 December 2020. This rulemaking proposes to: restrict the use of hydrofluorocarbons in specific sectors or subsectors in which they are used; establish a process for submitting technology transitions petitions; establish recordkeeping and reporting requirements; and address certain other elements related to the effective implementation of the American Innovation and Manufacturing Act. The proposed restrictions on the use of hydrofluorocarbons would, in part, address petitions granted on 7 October 2021, and 19 September 2022. The EPA is also seeking advance information on certain topics that may be helpful to developing a future proposed rule including on restrictions on the use of hydrofluorocarbons for certain other sectors and subsectors and on a third-party auditing program to verify substances used in products. Comments on this notice of proposed rulemaking must be received on or before 30 January 2023. POC is Allison Cain, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205A), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-1566; email: cain.allison@epa.gov. (Federal Register 15 December 2022 [Proposed Rule] Pages 76738-76813)

USFWS proposes to revise the List of Birds protected by the MBTA by both adding and removing species. Reasons for the changes to the list include adding species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to conform to accepted use. The net increase of 13 species (16 added and three removed) would bring the total number of species protected by the MBTA to 1,106. They also propose to revise the scientific name of a species subject to specific migratory-bird-permit regulations and to revise corresponding entries for several migratory bird species that are also listed on the List of Endangered and Threatened Wildlife under the Endangered Species Act to reflect currently accepted taxonomy and nomenclature. They will accept comments received or postmarked on or before 10 February 2023. POC is Eric L. Kershner, Chief, Division of Bird Conservation, Permits, and Regulations; Migratory Bird Program; USFWS; MS: MB; 5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-2376. (Federal Register 10 December 2022 [Proposed Rule] Pages 75977-76023)

EPA is proposing to add per- and polyfluoroalkyl substances (PFAS) subject to reporting under the EPCRA and the PPA pursuant to the NDAA to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern). These PFAS already have a lower reporting threshold of 100 pounds. The addition of these PFAS to the list of chemicals of special concern will cause such PFAS to be subject to the same reporting requirements as other chemicals of special concern (i.e., it would eliminate the use of the de minimis exemption and the option to use Form A and would limit the use of range reporting for PFAS). Removing the availability of these burden-reduction reporting options will result in a more complete picture of the releases and waste management quantities for these PFAS. In addition, EPA is proposing to remove the availability of the de minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on the list of chemicals of special concern. This change will help ensure that purchasers of mixtures and trade name products containing such chemicals are informed of their presence in mixtures and products they purchase. Comments must be received on or before 3 February 2023. https://www.federalregister.gov/d/2022-26022

EPA is proposing amendments to the Standards of Performance for secondary lead smelters per the Agency's periodic review of the new source performance standards required by the CAA. In this action, they are proposing updates to the current NSPS for secondary lead smelters and proposing a new NSPS subpart that applies to affected sources constructed, reconstructed, or modified after the date of this proposed rule. For the current NSPS subpart, they are proposing to revise the definitions of blast furnace, reverberatory furnace, and pot furnace to more closely align with the equipment definitions used in the NESHAP for secondary lead smelting. They are also proposing requirements for periodic performance tests for PM and incorporating revised monitoring, recordkeeping, and reporting requirements, including electronic reporting of performance tests, to be more consistent with the NESHAP. Please read full text for additional subpart proposals. Comments must be received on or before 17 January 2023. POC is Tonisha Dawson, Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-1454; and email: dawson.tonisha@epa.gov. (Federal Register 1 December 2022 [Proposed Rule] Pages 73708-73722)

The EPA is announcing the availability of and soliciting comment on an Initial Regulatory Flexibility Analysis (IRFA) and Updated Economic Analysis following the completion of a Small Business Advocacy Review (SBAR) Panel for the Toxic Substances Control Act (TSCA) proposed rule for reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). The EPA seeks public comment on all aspects of the IRFA and Updated Economic Analysis, including underlying data and assumptions in developing its estimates, as well as on certain items presented in the IRFA for public comment and related to the protection of Confidential Business Information. Comments must be received on or before 27 December 2022. POC is Stephanie Griffin, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-1463; email address: griffin.stephanie@epa.gov. (Federal Register 25 November 2022 [Proposed Rule] Pages 72439-72441).

USFWS are revising their proposed designation of critical habitat for the Florida bonneted bat (Eumops floridanus) under the ESA. In response to new information they received and public comments on their 10 June 2020, proposed rule, they are now proposing to designate approximately 1,174,011 acres (475,105 hectares) in 13 Florida counties as critical habitat for the species. They also announce the availability of a draft economic analysis (DEA) of the revised proposed designation of critical habitat for the Florida bonneted bat. They request comments from all interested parties on this revised proposed rule and the associated DEA. Comments submitted on our 10 June 2020, proposed rule need not be resubmitted as they will be fully considered in the preparation of the final rule. If finalized this rule would extend the Act's protections to this species' critical habitat. They will accept comments on this revised proposed rule and the DEA that are received or postmarked on or before 23 January 2023. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; tele: (904) 731-3134. (Federal Register 22 November 2022 [Proposed Rule] Pages 71466-71501)

NMFS will hold a public hearing related to our proposed rule published 8 September 2022, to list the queen conch (Aliger gigas) as a threatened species under the ESA. They are also reopening the public comment period, which will now close on 15 December 2022. The comment period is reopened from 7 November 2022, to 15 December 2022. Comments must be received by 15 December 2022. Comments received after this date may not be accepted. POC is Calusa Horn, NMFS, Southeast Regional Office at (727) 551-5782 or calusa.horn@noaa.gov. (Federal Register 10 November 2022 [Rule] Pages 67853-67854)

EPA is proposing to amend existing regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on 27 December 2020. This rulemaking proposes to establish the methodology for allocating hydrofluorocarbon production and consumption allowances for the calendar years of 2024 through 2028. EPA is also proposing to amend the consumption baseline to reflect updated data and to make other adjustments based on lessons learned from implementation of the hydrofluorocarbon phasedown program thus far, including proposing to: codify the existing approach of how allowances must be expended for import of regulated substances; revise recordkeeping and reporting requirements; and implement other modifications to the existing regulations. Comments on this notice of proposed rulemaking must be received on or before 19 December 2022. POC is John Feather, EPA, Stratospheric Protection Division, tele: 202-564-1230; or email: feather.john@epa.gov. (Federal Register 3 November 2022 [Notice] Pages 66372-66409).

NMFS proposed to designate critical habitat for the threatened Nassau grouper pursuant to section 4 of the ESA. Specific occupied areas proposed for designation as critical habitat contain approximately 2,353.19 sq. kilometers (908.57 sq. miles) of aquatic habitat located in waters off the coasts of southeastern Florida, Puerto Rico, Navassa, and the United States Virgin Islands (USVI). They have considered positive and negative economic, national security, and other relevant impacts of the proposed critical habitat. They are soliciting comments from the public on all aspects of the proposal, including our identification and consideration of impacts of the proposed action. Written comments and information must be received by 16 December 2022. POC is Patrick Opay, email: Patrick.Opay@noaa.gov and tele: 727-551-5789. (Federal Register 17 October 2022 [Proposed Rule] Pages 62930-62971)

In this action, the Administrator is proposing to find that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of section 231(a) of the Clean Air Act. The Administrator is also proposing to find that engine emissions of lead from certain aircraft cause or contribute to the lead air pollution that may reasonably be anticipated to endanger public health and welfare under section 231(a) of the Clean Air Act. Written comments must be received on or before 17 January 2023. POC is Marion Hoyer, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), EPA; Tele: (734) 214-4513; Email: hoyer.marion@epa.gov. (Federal Register 17 October 2022 [Proposed Rules] Pages 62753-62781).

U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Sideroxylon reclinatum ssp. austrofloridense (Everglades bully), Digitaria pauciflora (Florida pineland crabgrass), Chamaesyce deltoidei ssp. pinetorum (pineland sandmat), and Dalea carthagenensis var. floridana (Florida prairie-clover) under the ESA. In total, approximately 179,680 acres (72,714 hectares) for Everglades bully, 177,879 acres (71,985 hectares) for Florida pineland crabgrass, 8,867 acres (3,588 hectares) for pineland sandmat, and 179,300 acres (72,560 hectares) for Florida prairie-clover in Monroe, Collier, and Miami-Dade Counties, Florida, fall within the boundaries of the proposed critical habitat designations. If finalized, this rule as proposed, would extend the Act's protections to the species' critical habitats. They also announced the availability of a draft economic analysis (DEA) of the proposed designations of critical habitat for these four plant species. They will accept comments received or postmarked on or before 13 December 2022. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. (Federal Register 14 October 2022 [Proposed Rule] Pages 62564-62611)

U.S. Fish and Wildlife Service (Service), propose to list two Florida species, the Key ring-necked snake (Diadophis punctatus acricus) and the rim rock crowned snake (Tantilla oolitica), and propose to designate critical habitat under the ESA. This determination also serves as their 12-month finding on the petition to list the Key ring-necked snake and the rim rock crowned snake. After a review of the best available scientific and commercial information, they find that listing both species is warranted. Accordingly, they propose to list both species as endangered species under the Act. If finalized, this rule as proposed, would add the species to the List of Endangered and Threatened Wildlife and extend the Act's protections to both species. They also propose to designate critical habitat for the Key ring-necked snake and the rim rock crowned snake under the Act. They will accept comments received or postmarked on or before 13 December 2022. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. (Federal Register 14 October 2022 [Proposed Rule] Pages 62614-62674)

U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Chamaecrista lineata var. keyensis (Big Pine partridge pea), Chamaesyce deltoidei ssp. serpyllum (wedge spurge), Linum arenicola (sand flax), and Argythamnia blodgettii (Blodgett's silverbush) under the ESA. In total, approximately 1,462 acres (592 hectares) for Big Pine partridge pea and approximately 1,379 acres (558 hectares) for wedge spurge, in Monroe County, Florida, and approximately 5,090 acres (2,060 hectares) for sand flax and 16,635 acres (6,732 hectares) for Blodgett's silverbush in Miami-Dade and Monroe Counties, Florida, fall within the boundaries of the proposed critical habitat designations. If finalized, this rule as proposed, would extend the Act's protections to the species' critical habitat. They also announced the availability of a draft economic analysis of the proposed designation of critical habitat for these four plant species. They will accept comments received or postmarked on or before 13 December 2022. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. (Federal Register 14 October 2022 [Proposed Rule] Pages 62502-62562)

EPA is proposing to repeal regulatory amendments promulgated through a final rule adopted in 2008 under the CAA that addressed the consideration of "fugitive" emissions of air pollutants from stationary sources when determining the applicability of certain permitting requirements under the Act. Those amendments have been stayed as a result of the reconsideration process. To bring closure to the reconsideration proceeding, the EPA is proposing to fully repeal the 2008 rule by removing the stayed provisions of the regulatory amendments adopted in 2008. The EPA is also proposing to remove a related exemption for modifications that would be considered major solely due to the inclusion of fugitive emissions. As a result of the proposed changes, all existing major stationary sources would be required to include fugitive emissions in determining whether a physical or operational change constitutes a "major modification," requiring a permit under the Prevention of Significant Deterioration (PSD) or Nonattainment New Source Review (NNSR) programs. Comments must be received on or before 13 December 2022. POC is Matthew Spangler, Air Quality Policy Division, Office of Air Quality Planning and Standards (C504-05), EPA, Research Triangle Park, NC; tel: (919) 541-0327; email: spangler.matthew@epa.gov. (Federal Register 14 October 2022 [Proposed Rule] Pages 62322-62337)

USFWS proposes to list the San Francisco Bay-Delta distinct population segment (DPS) of longfin smelt (Spirinchus thaleichthys) (Bay-Delta longfin smelt), a fish species of the Pacific Coast, as an endangered species under the ESA. After a review of the best scientific and commercial information available, they find that listing the DPS is warranted. Accordingly, they propose to list the Bay-Delta longfin smelt DPS as an endangered species under the Act. If finalized this rule as proposed, it would add this DPS to the List of Endangered and Threatened Wildlife and extend the Act's protections to the DPS. They also find that the designation of critical habitat for the Bay-Delta longfin smelt is not determinable at this time. They will accept comments received or postmarked on or before 6 December 2022. POC is Donald Ratcliff, Field Supervisor, USFWS, San Francisco Bay-Delta Fish and Wildlife Office, 650 Capitol Mall Suite 8-300, Sacramento, CA 95814; tel 916-930-5603. (Federal Register 7 October 2022 [Proposed Rule] Pages 60957-60975)

U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Louisiana pinesnake (Pituophis ruthveni) under the ESA. In total, approximately 209,520 acres (84,790 hectares) in Bienville, Grant, Rapides, and Vernon parishes, Louisiana, and in Newton, Angelina, and Jasper Counties, Texas, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Louisiana pinesnake. They will accept comments received or postmarked on or before 5 December 2022. POC is Brigette Firmin, Deputy Field Supervisor, USFWS, Louisiana Ecological Services Field Office, 200 Dulles Drive, Lafayette, LA 70506; Tel 337-291-3100. (Federal Register 6 October 2022 [Rule] Pages 60580-60612)

USFWS proposes to list the Lassics lupine (Lupinus constancei), a plant species native to northern California, as an endangered species and designate critical habitat under the ESA. This determination also serves as their 12-month finding on a petition to list the Lassics lupine. After a review of the best available scientific and commercial information, they find that listing the species is warranted. If finalized this rule as proposed, would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. They also propose to designate critical habitat for the Lassics lupine under the Act. In total, approximately 512 acres (ac) (207 hectares (ha)) in Humboldt and Trinity Counties, California, fall within the boundaries of the proposed critical habitat designation. In addition, we announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the Lassics lupine. They will accept comments received or postmarked on or before 5 December 2022. POC is Tanya Sommer, Field Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; Tel 707-822-7201. (Federal Register 6 October 2022 [Rule] Pages 60612-60638)

USFWS are reopening the comment period on our 25 October 2021 proposed rule to designate critical habitat for the coastal distinct population segment of Pacific marten (coastal marten) (Martes caurina), a mammal species from coastal California and Oregon, under the ESA. This action will allow all interested parties an additional opportunity to comment on the 25 October 2021, proposed rule, as well as the opportunity to comment on the additional areas they are considering for exclusion from critical habitat designation, potential changes to Unit 1, and on new habitat modeling efforts for the coastal marten, as explained in this document. 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. The comment period on the proposed rule that published 25 October 2021. POC is Tanya Sommer, Field Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; telephone 707-822-7201.

USFWS proposes to list the Florida Keys mole skink (Plestiodon egregius egregius), a lizard subspecies from the Florida Keys, Florida, as a threatened species and designate critical habitat under the ESA. This determination also serves as our 12-month finding on a petition to list the Florida Keys mole skink. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the Florida Keys mole skink as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If finalized this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They also propose to designate critical habitat for the Florida Keys mole skink under the ESA. In total, approximately 7,068 acres (2,860 hectares) within Monroe County in the Florida Keys, Florida , fall within the boundaries of the proposed critical habitat designation.They will accept comments received or postmarked on or before 28 November 2022. POC is Lourdes Mena, Division Manager, Classification and Recovery, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517; lourdes_mena@fws.gov; Tel 904-731-3134. (Federal Register 27 September 2022 [Proposed Rule] Pages 58648-58703).

The Coast Guard is proposing to align the Liquid Chemical Categorization tables with the 2020 Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and the International Maritime Organization's Marine Environment Protection Committee's Circular 25. The updated tables would provide a list of the liquid hazardous materials and liquefied and compressed gases approved for international and domestic maritime transportation, and indicate how each substance is categorized by its pollution potential, safe carriage requirements, chemical flammability, combustibility, and compatibility with other substances. This proposed rule would impose no additional costs to chemical shippers or vessel owners. Comments and related material must be received by the Coast Guard on or before 21 December 2022. POC is Dr. Raghunath Halder, U.S. Coast Guard Hazardous Materials Division (CG-ENG-5); tel 202-372-1422, email Raghunath.Halder@uscg.mil. (Federal Register 22 September 2022 [Proposed Rule] Pages 57984-58018).

U.S. Fish and Wildlife Service (Service), propose to list the tricolored bat (Perimyotis subflavus), as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the tricolored bat. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, USFWS propose to list the tricolored bat as an endangered species under the Act. If they finalize this rule as proposed, it will add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They find that designating critical habitat for this species is not prudent. They also are notifying the public that we have scheduled an informational meeting followed by a public hearing on the proposed rule. USFWS will accept comments received or postmarked on or before 14 November 2022. POC is Sonja Jahrsdoerfer, Field Supervisor, USFWS, Pennsylvania Field Office, 110 Radnor Rd, Suite 101, State College, PA 16801; tele 814-234-4090. (Federal Register 14 September 2022 [Proposed Rule] Pages 56381-56393).

Strombus gigas) as a threatened species under the ESA. They have completed a comprehensive status review for the queen conch. After considering the status review report, and after taking into account efforts being made to protect the species, they have determined that the queen conch is likely to become an endangered species within the foreseeable future throughout its range. Therefore, they propose to list the queen conch as a threatened species under the ESA. Any protective regulations determined to be necessary and advisable for the conservation of the queen conch under ESA would be proposed in a subsequent Federal Register announcement. They solicit information to assist this listing determination, the development of proposed protective regulations, and designation of critical habitat within U.S jurisdiction. Information and comments on this proposed rule must be received by 7 November 2022. POC is Calusa Horn, NMFS Southeast Regional Office, 727-551-5782 or Calusa.Horn@noaa.gov. (Federal Register 8 September 2022 [Proposed Rule] Pages 55200-55239).

Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA" or "Superfund"), the Environmental Protection Agency (EPA or the Agency) is proposing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances. CERCLA authorizes the Administrator to promulgate regulations designating as hazardous substances such elements, compounds, mixtures, solutions, and substances which, when released into the environment, may present substantial danger to the public health or welfare or the environment. Such a designation would ultimately facilitate cleanup of contaminated sites and reduce human exposure to these "forever" chemicals. Comments must be received on or before 7 November 2022. POC is Michelle Schutz, Office of Superfund Remediation and Technology Innovation (5202T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele:703-346-9536; email: schutz.michelle@epa.gov. (Federal Register 6 September 2022 [Proposed Rule] Pages 54415-54442)

The EPA is proposing to amend its Risk Management Program (RMP) regulations as a result of Agency review. The proposed revisions include several changes and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, increased public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification. These proposed amendments seek to improve chemical process safety; assist in planning, preparedness, and responding to RMP-reportable accidents; and improve public awareness of chemical hazards at regulated sources. Comments must be received on or before 31 October 2022. POC is Deanne Grant, Office of Emergency Management, Mail Code 5104A, EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 202-564-1096; email: grant.deanne@epa.gov. (Federal Register 31 August 2022 [Proposed Rule] Pages 53556-53616).

USFWS proposes to list magnificent ramshorn (Planorbella magnifica), a freshwater snail species from southeastern North Carolina, as an endangered species and to designate critical habitat for the species under the ESA. In total, approximately 739 acres (299 hectares) of two ponds in Brunswick County, North Carolina, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for magnificent ramshorn. In addition, this document serves as our 12-month finding on a petition to list magnificent ramshorn. If finalized this rule as proposed, would extend the Act's protections to this species and its designated critical habitat. They will accept comments received or postmarked on or before 17 October 2022. POC is Pete Benjamin, Field Supervisor, USFWS, Raleigh Ecological Services Field Office, P.O. Box 33726, Raleigh, NC 27636-3726; tel 919-856-4520. (Federal Register 18 August 2022 [Proposed Rule] Pages 50804-50824)

On 5 September 2000, in response to a petition filed under the EPCRA, EPA issued a proposed rule to add a diisononyl phthalate (DINP) category to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act (PPA). EPA proposed to add this chemical category to the EPCRA toxic chemical list based on its preliminary conclusion that this category met the EPCRA toxicity criterion. EPA has updated its hazard assessment for DINP and is proposing to add DINP as a category defined to include branched alkyl di-esters of 1,2 benzenedicarboxylic acid in which alkyl ester moieties contain a total of nine carbons. Comments must be received on or before 7 October 2022. POC is Daniel R. Bushman, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tel: (202) 566-0743; email: bushman.daniel@epa.gov. (Federal Register 8 August 2022 [Proposed Rule] Pages 48128-48140).

Pursuant to the EPA's Significant New Alternatives Policy program, this action proposes to list certain substances as acceptable subject to use conditions in the refrigeration and air conditioning sector for chillers--comfort cooling, residential dehumidifiers, non-residential dehumidifiers, residential and light commercial air conditioning and heat pumps, and a substance as acceptable subject to use conditions and narrowed used limits in very low temperature refrigeration. Through this action, EPA is proposing to incorporate by reference standards which establish requirements for electrical air conditioners, heat pumps, and dehumidifiers, laboratory equipment containing refrigerant, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. Additionally, this action proposes to list certain substances as acceptable subject to use conditions in the fire suppression sector for certain streaming and total flooding uses. Finally, EPA requests advance comment on.... Comments must be received on or before 12 September 2022. POC is Holly Tapani, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-0679; email: tapani.holly@epa.gov. (Federal Register 28 July 2022 [Proposed Rule] Pages 45508-45562).

EPA is proposing to update the list of North American Industry Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI) to reflect the Office of Management and Budget (OMB) 2022 NAICS code revision. OMB updates the NAICS codes every five years. EPA currently uses 2017 NAICS codes and is proposing to implement the 2022 codes for TRI Reporting Year 2022 (i.e., facilities reporting to TRI would be required to use 2022 NAICS codes on reports that are due to the Agency by July 1, 2023). The actual data required by a TRI form will not change as a result of this rulemaking, nor will the rule affect the universe of TRI reporting facilities that are required to submit reports to the Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA). Comments must be received on or before 20 September 2022. POC is Rachel Dean, Data Collection Branch, Data Gathering and Analysis Division (Mailcode: 7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 566-1303; email address: dean.rachel@epa.gov. (Federal Register 22 July 2022 [Proposed Rule] Pages 43772-43779)

USFWS proposes to remove the Puerto Rican boa (Chilabothrus inornatus, but listed as Epicrates inornatus), an endemic snake from Puerto Rico, from the Federal List of Endangered and Threatened Wildlife (List). This determination is based on the best available scientific and commercial data, which indicate that the species has recovered and the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of an endangered species or threatened species under the ESA. If this proposal is finalized, the Puerto Rican boa will be removed from the List and the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, would no longer apply to the species. They will accept comments received or postmarked on or before 12 September 2022. POC is Edwin Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; email: Caribbean_es@fws.gov; tele: (787) 405-3641. (Federal Register 13 July 2022 [Proposed Rule] Pages 41641-41655).

NMFS announced a 90-day finding on a petition to revise the critical habitat designation for the North Pacific right whale (Eubalaena japonica) under the ESA. In April 2008, they issued a final rule designating approximately 3,050 square kilometers (~1,175 square miles) and approximately 91,850 square kilometers (~35,460 square miles) of critical habitat for North Pacific right whales in the Gulf of Alaska and the Southeast Bering Sea, respectively. The petition requests they revise this critical habitat. They find that the petition presents substantial scientific information indicating the petitioned action may be warranted. They are hereby initiating a review of the currently designated critical habitat to determine whether revision is warranted. To ensure a comprehensive review, they are soliciting scientific and commercial information pertaining to this action. Scientific and commercial information pertinent to the petitioned action must be received by 12 September 2022. POC is Jenna Malek, NMFS Alaska Region, jenna.malek@noaa.gov, (907) 271-1332. (Federal Register 12 July 2022 [Proposed Rule] Pages 41271-41273).

USFWS proposes to reclassify Mitracarpus polycladus (a plant, no common name) from endangered to threatened (downlist) under the ESA. The proposed downlisting is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. They also propose a rule under section 4(d) of the Act that provides for the conservation of M. polycladus. They will accept comments received or postmarked on or before 22 August 2022. POC is Edwin Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; tel: (787) 851-7297. (Federal Register 23 June 2022 [Proposed Rule] Pages 37476-37494).

The FHWA proposes to establish regulations setting minimum standards and requirements for projects funded under the National Electric Vehicle Infrastructure (NEVI) Formula Program and projects for the construction of publicly accessible electric vehicle (EV) chargers under certain statutory authorities. The standards and requirements proposed would apply to the installation, operation, or maintenance of EV charging infrastructure; the interoperability of EV charging infrastructure; traffic control device or on-premises signage acquired, installed, or operated in concert with EV charging infrastructure; data, including the format and schedule for the submission of such data; network connectivity of EV charging infrastructure; and information on publicly available EV charging infrastructure locations, pricing, real-time availability, and accessibility through mapping applications. Comments must be received on or before 22 August 2022. POC is Mr. Gary Jensen, Office of Natural Environment, (202) 366-2048, or via email at Gary.Jensen@dot.gov. (Federal Register 22 June 2022 [Proposed Rule] Pages 37262-37280).

USFWS proposes to list the Ocmulgee skullcap (Scutellaria ocmulgee), a plant species from Georgia and South Carolina, as a threatened species and designate critical habitat under the ESA. This determination also serves as their 12-month finding on a petition to list the Ocmulgee skullcap. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the Ocmulgee skullcap as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). They also propose to designate critical habitat for the Ocmulgee skullcap under the Act. In total, approximately 6,577 acres (ac) (2,662 hectares (ha)) in Bibb, Bleckley, Burke, Columbia, Houston, Monroe, Pulaski, Richmond, Screven, and Twiggs counties, Georgia, and Aiken and Edgefield counties, South Carolina, fall within the boundaries of the proposed critical habitat designation. Comments will be accepted if received or postmarked on or before 22 August 2022. POC is Peter Maholland, Acting Field Supervisor, U.S. Fish and Wildlife Service, Georgia Ecological Services Field Office, 355 East Hancock Avenue, Room 320, Athens, Georgia 30601; tel 706-613-6059. (Federal Register 22 June 2022 [Proposed Rule] Pages 37378-37428).

EPA is proposing to amend specific provisions in the Greenhouse Gas Reporting Rule to improve the quality and consistency of the data collected under the rule, streamline and improve implementation, and clarify or propose minor updates to certain provisions that have been the subject of questions from reporting entities. These proposed changes include revisions to improve the existing calculation, recordkeeping, and reporting requirements by incorporating updates to existing emissions estimation methodologies and providing for collection of additional data to understand new source categories or new emission sources for specific sectors. The EPA is also proposing revisions that would improve implementation of the Greenhouse Gas Reporting Rule such as updates to applicability estimation methodologies, providing flexibility for or simplifying calculation and monitoring methodologies, streamlining recordkeeping and reporting, and other minor technical corrections or clarifications. Comments must be received on or before 22 August 2022. POC is Jennifer Bohman, Climate Change Division, Office of Atmospheric Programs (MC-6207A), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tel: (202) 343-9548; email address:GHGReporting@epa.gov. (Federal Register 21 June 2022 [Proposed Rule] Pages 36920-37119).

The EPA is proposing amendments to the NESHAP for Gasoline Distribution facilities and the Standards of Performance for Bulk Gasoline Terminals. The EPA is proposing to revise NESHAP requirements for storage tanks, loading operations, and equipment leaks to reflect cost-effective developments in practices, process, or controls. The EPA is also proposing New Source Performance Standards to reflect best system of emissions reduction for loading operations and equipment leaks. In addition, the EPA is proposing revisions related to emissions during periods of startup, shutdown, and malfunction; to add requirements for electronic reporting of performance test results, performance evaluation reports, and compliance reports; to revise monitoring and operating requirements for control devices; and to make other minor technical improvements. We estimate that these proposed amendments would reduce emissions of hazardous air pollutants from this source category by 2,220 tons per year (tpy) and would reduce emissions of volatile organic compounds by 45,400 tpy. Comments must be received on or before 9 August 2022. POC is Mr. Neil Feinberg, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-2214 and email: feinberg.stephen@epa.gov. (Federal Register 10 June 2022 [Proposed Rule] pages 35608-35642).

This proposal presents the results of the EPA's review of the NSPS for Lead Acid Battery Manufacturing Plants and the TR for the NESHAP for Lead Acid Battery Manufacturing Area Sources as required under the CAA. The EPA is proposing revised Pb emission limits for grid casting, paste mixing, and lead reclamation operations for both the area source NESHAP (for new and existing sources) and under a new NSPS subpart (for lead acid battery facilities that begin construction, reconstruction, or modification after February 23, 2022). Comments must be received on or before 25 April 2022. POC: Amanda Hansen, Sector Policies and Programs Division (D243-02), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-3165; and email: hansen.amanda@epa.gov. (Federal Register: 23 February 2022 [Proposed Rule] Pages 10134-10158)

USFWS announced a 12-month finding on a petition to list the Sonoran desert tortoise (Gopherus morafkai) as an endangered or threatened species under the ESA. After a thorough review of the best available scientific and commercial information, they find that it is not warranted at this time to list the Sonoran desert tortoise. However, they ask the public to submit to them at any time any new information relevant to the status of the Sonoran desert tortoise or its habitat. The finding in this document was made on 8 February 2022. POC is Mark Lamb, Arizona Ecological Services Field Office, 9828 North 31st Ave. C3, Phoenix, AZ 85051-2517; tel: 602-242-0210. (Federal Register 8 February 2022 [Proposed Rule] Pages 7077-7079)

USFWS is withdrawing the proposed rule to replace the existing regulations governing the North Carolina nonessential experimental population designation of the red wolf (Canis rufus) under section 10(j) of the ESA. Based on recent court decisions involving the North Carolina nonessential experimental population designation of the red wolf (NC NEP), having considered the public comments submitted in response to the proposed rule, and upon further consideration of the proposal, we have determined that withdrawing the proposed rule is the best course of action at this time. The NC NEP will be managed under the provisions of the existing regulations and as informed by relevant court orders. The USFWS is withdrawing the proposed rule published on 28 June 2018 (83 FR 30382), as of 15 November 2021. POC is Pete Benjamin, Field Supervisor, USFWS, Raleigh Ecological Services Field Office, 551F Pylon Drive, Raleigh, NC 27606; tel: 919-856-4520. (Federal Register 15 November 2021 [Proposed Rule] Pages 62980-62982)

USFWS proposes to list Eriogonum tiehmii (hereafter Tiehm's buckwheat), a plant species native to Nevada in the United States, as endangered under the ESA. If finalized this rule as proposed, it would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. They will accept any additional data, information, or comments received or postmarked on or before 6 December 2021. Marc Jackson, Field Supervisor, USFWS, Reno Ecological Services Field Office, 1340 Financial Boulevard, Suite 234, Reno, Nevada 89502; tel 775-861-6337. (Federal Register 7 October 2021 [Proposed Rule] Pages 55775-55789).

CEQ is proposing to modify certain aspects of its regulations for implementing the procedural provisions of the NEPA to generally restore regulatory provisions that were in effect for decades before being modified in 2020. CEQ proposes these changes in order to better align the provisions with CEQ's extensive experience implementing NEPA, in particular its perspective on how NEPA can best inform agency decision making, as well as longstanding Federal agency experience and practice, NEPA's statutory text and purpose, including making decisions informed by science, and case law interpreting NEPA's requirements. The proposed rule would restore provisions addressing the purpose and need of a proposed action, agency NEPA procedures for implementing CEQ's NEPA regulations, and the definition of "effects." CEQ invites comments on the proposed revisions. CEQ must receive comments by 22 November 2021. POC is Amy B. Coyle, Deputy General Counsel, 202-395-5750, Amy.B.Coyle@ceq.eop.gov. (Federal Register 7 October 2021 [Proposed Rule] Pages 55757-55769).

USFWS announce findings that 17 species are not warranted for listing as endangered or threatened species under the ESA. After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list Amargosa tryonia (Tryonia variegata), Ash Meadows pebblesnail (Pyrgulopsis erythropoma), boat-shaped bugseed (Corispermum navicula), Burrington jumping-slug (Hemphillia burringtoni), crystal springsnail (Pyrgulopsis crystalis), Dalles sideband (Monadenia fidelis minor), distal-gland springsnail (Pyrgulopsis nanus), early dark blue butterfly (Euphilotes ancilla purpura), Fairbanks springsnail (Pyrgulopsis fairbanksensis), late dark blue butterfly (Euphilotes ancilla cryptica), median-gland springsnail (Pyrgulopsis pisteri), minute tryonia (Tryonia ericae), Point of Rocks tryonia (Tryonia elata), southern rubber boa (Charina umbratica), southwest Nevada pyrg (Pyrgulopsis turbatrix), sportinggoods tryonia (Tryonia angulata), and Virgin spinedace (Lepidomeda mollispinis mollispinis). USFWS is asking the public to submit any new information relevant to the status of any of the species mentioned above or their habitats. The findings in this document were made on 27 September 2021.

EPA is soliciting information and requesting comments to assist in the potential development of regulations for pyrolysis and gasification units that are used to convert solid or semi-solid feedstocks, including solid waste (e.g., municipal solid waste, commercial and industrial waste, hospital/medical/infectious waste, sewage sludge, other solid waste), biomass, plastics, tires, and organic contaminants in soils and oily sludges to useful products such as energy, fuels and chemical commodities. Pyrolysis and gasification are often described as heat induced thermal decomposition processes. Through recent requests for applicability determinations, it appears that pyrolysis and gasification processes are more widely being used to convert waste into useful products or energy. Comments must be received on or before 8 November 2021. POC is Nabanita Modak Fischer, Fuels and Incineration Group, Sector Policies and Programs Division (E143-05), EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-5572; email address: modak.nabanita@epa.gov. (Federal Register 8 September 2021 [Proposed Rules] Pages 50296-50303).

USFWS announce their 90-day finding in response to a petition to revise critical habitat for the jaguar (Panthera onca) pursuant to the ESA. The petition requests the Service to revise the existing critical habitat designation by removing approximately 20,234 hectares (50,000 acres) of land in the northern Santa Rita Mountains in Arizona and an adjoining critical habitat subunit, including land containing the proposed Rosemont Mine. Their 90-day finding is that the petition does not present substantial scientific information indicating that the requested revision to the critical habitat designation may be warranted. The finding announced in this document was made on 7 September 2021. POC is Jeff Humphrey, Arizona Ecological Services Field Office; Arizona Ecological Services Field Office at 9828 North 31st Ave. C3, Phoenix, AZ; tele 602-242-0210. (Federal Register: 7 September 2021 [Proposed Rule] Pages 49985-49989)

U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Amur sturgeon (Acipenser schrenckii), a fish species from the Amur River basin in Russia and China, as an endangered species under the ESA. After a review of the best scientific and commercial information available, they find that listing the species is warranted. Accordingly, they propose to list the Amur sturgeon as an endangered species under the Act. If finalized this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They will accept comments received or postmarked on or before 25 October 2021. POC is Elizabeth Maclin, Chief, Branch of Delisting and Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tele, 703-358-2171. [Federal Register 25 August 2021 [Proposed Rule] Pages 47457-47468)]

USFWS is reopening the public comment periods on two proposed rules to allow all interested parties additional time to comment, and to conduct a public hearing. The two relevant proposed rules are date 30 September 2020, a proposed rule to reclassify the endangered Virgin Islands tree boa (Chilabothrus granti) as a threatened species with a rule issued under section 4(d) of the ESA; and the 21 October 2020, proposed rule to reclassify the endangered plant Eugenia woodburyana (no common name) as a threatened species with a rule issued under section 4(d) of the ESA. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rules. The comment periods for the proposed rules published on September 30, 2020, at 85 FR 61700, and October 21, 2020, at 85 FR 66906, are reopened. We will accept comments received or postmarked on or before 26 May 2021. POC is Edwin E. Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, at either: Road 301 Km 5.1, Corozo Ward, Boquerón, PR 00622; or P.O. Box 491, Boquerón, PR 00622. Tel: 787-405-3641. (Federal Register: 26 April 2021 [Rule] pages 22005-22006).

USFWS proposes to remove the dwarf-flowered heartleaf (Hexastylis naniflora), a plant endemic to the upper Piedmont region of western North Carolina and upstate South Carolina, from the Federal List of Endangered and Threatened Plants (List). This determination is based on a thorough review of the best available scientific and commercial data, which indicate that the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of a threatened species, and does not meet the definition of an endangered species, under the ESA. They also announce the availability of a draft post-delisting monitoring (PDM) plan for the dwarf-flowered heartleaf. USFWS seek information, data, and comments from the public regarding this proposal to delist this species and on the draft PDM plan. USFWS will accept comments received or postmarked on or before 25 June 2021. POC is Janet Mizzi, Field Supervisor, USFWS, Asheville Ecological Services Field Office, 160 Zillicoa St., Asheville, NC 28801; telephone 828-258-3939. (Federal Register: 26 April 2021 [Rule] pages 21994-22005).

EPA is proposing to delay until 16 December 2021, the effective date of the National Primary Drinking Water Regulations: Lead and Copper Rule Revisions (LCRR), which was published in the Federal Register on 15 January 2021. EPA is also proposing to delay the 16 January 2024, compliance date established in the LCRR to 16 September 2024. The proposed delay in the effective date is consistent with presidential directives issued on 20 January 2021, to heads of Federal agencies to review certain regulations, including the LCRR. The delay will allow sufficient time for EPA to complete its review of the rule in accordance with those directives and conduct important consultations with affected parties. The proposed delay in the compliance date of the LCRR ensures that any delay in the effective date will not reduce the time provided for drinking water systems and primacy states to take actions needed to assure compliance with the LCRR. Comments must be received on or before 12 April 2021. POC is Jeffrey Kempic, Office of Ground Water and Drinking Water, Standards and Risk Management Division, at (202) 564-3632 or email kempic.jeffrey@epa.gov. (Federal Register 12 March 2021 [Proposed Rule] Pages 14063-14066).

A bill to amend the Endangered Species Act to prevent a species that is not native to the United States from being listed as an endangered species or a threatened species, to prohibit certain types of financial assistance. (Congressional Record: 4 January 2021 [House] Pages H43-H51)

EPA currently requires fuel dispenser labels for gasoline-ethanol blends of greater than 10 volume percent (vol%) ethanol and up to 15 vol% ethanol (E15). The label was designed to alert consumers to the appropriate and lawful use of the fuel. EPA is co-proposing to either modify the E15 label or remove the label requirement entirely and seeking comment on whether state and local governments may be preempted from requiring different labels on fuel dispensers. To facilitate the proper storage of E15 in underground storage tank systems (USTs), EPA is proposing to modify the UST regulations to grant certain allowances for compatibility demonstration for storage of ethanol blends. EPA is also proposing compatibility requirements for future UST installations or component replacements that would ensure compatibility with higher blends of ethanol. Comments must be received on or before 19 April 2021. POC is Lauren Michaels, Office of Transportation and Air Quality, Assessment and Standards Division, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tel: (734) 214-4640; email: michaels.lauren@epa.gov. (Federal Register 19 January 2021 [Proposed Rule] pages 5094-5104).

USFWS proposes to reclassify (downlist) Furbish's lousewort (Pedicularis furbishiae) from an endangered species to a threatened species under the ESA. This information is based on a thorough review of the best available scientific and commercial information, which indicates the threats to the species have been reduced to the point that the species no longer meets the definition of an endangered species under the Act. They request information and comments from the public on this proposal. They will accept comments received or postmarked on or before 16 March 2021. POC is Project Leader, Maine Ecological Services Field Office, 306 Hatchery Road, East Orland, ME 04431; tel: 207-902-1567. (Federal Register: 15 January 2021 [Proposed Rule] Pages 3976-3986).

NMFS, announced revisions to their 9 December 2014, proposed designation of critical habitat for the Arctic subspecies of the ringed seal (Pusa hispida hispida) under ESA. The revised proposed designation comprises an area of marine habitat in the Bering, Chukchi, and Beaufort seas. Based on consideration of national security impacts, they also propose to exclude a particular area north of the Beaufort Sea shelf from the designation. NMFS seeks comments on all aspects of the revised proposed critical habitat designation and will consider information received before issuing a final designation. Comments must be received by 9 March 2021. Public hearings on the revised proposed rule will be held in Alaska. POC is Tammy Olson, NMFS Alaska Region, (907) 271-5006; Jon Kurland, NMFS Alaska Region, (907) 586-7638. (Federal Register 8 January 2021 [Proposed Rule] Pages 1452-1474)

NMFS proposes to designate critical habitat for the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies Erignathus barbatus nauticus under the ESA. The proposed designation comprises an area of marine habitat in the Bering, Chukchi, and Beaufort seas. NMFS seeks comments on all aspects of the proposed critical habitat designation and will consider information received before issuing a final designation. Comments must be received by 9 March 2020. Public hearings on the proposed rule will be held in Alaska. POC is Tammy Olson, NMFS Alaska Region, (907) 271-5006; Jon Kurland, NMFS Alaska Region, (907) 586-7638. (Federal Register 8 January 2021 [Proposed Rule] Pages 1433-1452)

A bill to amend the Communications Act of 1934 to provide that the Federal Communications Commission is not required to perform any review under the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code, as a condition of permitting the placement and installation of a communications facility, and for other purposes. (Congressional Record: 10 April 2020 [House] Pages H1882-H1883)

The Environmental Protection Agency (EPA) is proposing a revision to its response to the U.S. Supreme Court decision in Michigan v. EPA which held that the EPA erred by not considering cost in its determination that regulation under section 112 of the Clean Air Act (CAA) of hazardous air pollutant (HAP) emissions from coal- and oil-fired electric utility steam generating units (EGUs) is appropriate and necessary. POC: Mary Johnson, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-5025 and email: johnson.mary@epa.gov. (Federal Register: 7 February 2019 [Proposed Rules] Pages 2670-2704).

FWS and NMFS propose to amend portions of their regulations that implement section 7 of the Endangered Species Act of 1973, as amended. The Services are proposing these changes to improve and clarify the interagency consultation processes and make them more efficient and consistent. FWS and NMFS will accept comments from all interested parties until 24 September 2018. POC is Craig Aubrey, U.S. FWS, Division of Environmental Review, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2442; or Cathy Tortorici, ESA Interagency Cooperation Division, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910, tel: 301-427-8495 (Federal Register; 25 July 2018 [Proposed Rules], pages 35178-35193).

The U.S. FWS and the NMFS propose to revise portions of their regulations that implement section 4 of the Endangered Species Act of 1973, as amended (Act). The proposed revisions to the regulations clarify, interpret, and implement portions of the Act concerning the procedures and criteria used for listing or removing species from the Lists of Endangered and Threatened Wildlife and Plants and designating critical habitat. Multiple technical revisions are also proposed to update existing sections or to refer appropriately to other sections. Comments will be accepted from all interested parties until 24 September 2018. POC is Bridget Fahey, U.S. FWS, Division of Conservation and Classification, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2171; or Samuel D. Rauch, III, NMFS, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910, tel: 301-427-8403 (Federal Register; 25 July 2018 [Proposed Rules], pages 35193-35201).

The U.S. FWS proposes to revise their regulations extending most of the prohibitions for activities involving endangered species to threatened species. For species already listed as a threatened species, the proposed regulations would not alter the applicable prohibitions. The proposed regulations would require the Service, pursuant to section 4(d) of the Endangered Species Act, to determine what, if any, protective regulations are appropriate for species that the Service in the future determines to be threatened. Comments will be accepted on or before 24 September 2018. POC is Bridget Fahey, U.S. FWS, Division of Conservation and Classification, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2171 (Federal Register; 25 July 2018 [Proposed Rules], pages 35174-35178).

EPA is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR) trading programs. EPA has completed preliminary calculations for the first round of allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2018 control periods and has posted spreadsheets containing the calculations on EPA's website. EPA will consider timely objections to the preliminary calculations (including objections concerning the identification of units eligible for allocations) before determining the final amounts of the first-round allocations. Objections to the information referenced in this notice must be received on or before 11 June 2018. POC is Kenon Smith at 202-343-9164 or smith.kenon@epa.gov or Jason Kuhns at 202-564-3236 or kuhns.jason@epa.gov (Federal Register; 10 May 2018 [Notices], pages 21772-21773).

EPA is proposing to repeal the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (EGUs), commonly referred to as the Clean Power Plan (CPP), as promulgated on 23 October 2015. Comments must be received on or before 15 December 2017. POC is Mr. Peter Tsirigotis, Sector Policies and Programs Division (D205-01), U.S. EPA, Research Triangle Park, NC 27711; tel: 888-627-7764; email: airaction@epa.gov. (Federal Register Volume 82, Number 198 (Monday, October 16, 2017)][Proposed Rules][Pages 48035-48049]).

The EPA and the Dept. of the Army ("the agencies") are publishing this proposed rule to start the first step in a comprehensive, two-step process intended to review and revise the definition of "waters of the United States" (WOTUS) consistent with the Executive Order signed 28 Feb 2017. This first step proposes to rescind the definition of WOTUS in the CFR to re-codify the definition of WOTUS, which currently governs administration of the CWA, pursuant to a decision issued by the U.S. Court of Appeals for the Sixth Circuit staying a definition of WOTUS promulgated by the agencies in 2015. The agencies would apply the definition of WOTUS as it is currently being implemented, that is informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding practice. In a second step, the agencies will pursue notice-and-comment rulemaking in which the agencies will conduct a substantive re-evaluation of the definition of WOTUS. Comments must be received on or before 28 August 2017. POC is Ms. Donna Downing, Office of Water (4504-T), EPA, 1200 Penn Ave NW., Wash., DC 20460; tel: (202) 566-2428; email: CWAwotus@epa.gov; or Ms. Stacey Jensen, Regulatory Community of Practice (CECW-CO-R), USACE, 441 G Street NW., Wash., DC 20314; tel: 202-761-5903; email: USACE_CWA_Rule@usace.army.mil (Federal Register, 27 July 2017 [Proposed Rules], page 34899-34909).

TCE is a volatile organic compound widely used in industrial and commercial processes and has some limited uses in consumer and commercial products. EPA identified significant health risks associated with TCE use in aerosol degreasing and for spot cleaning in dry cleaning facilities. To address these unreasonable risks, EPA is proposing to prohibit the manufacture, processing, and distribution in commerce of TCE for use in aerosol degreasing and for use in spot cleaning in dry cleaning facilities; to prohibit commercial use of TCE for aerosol degreasing and for spot cleaning in dry cleaning facilities; to require manufacturers, processors, and distributors, except for retailers of TCE for any use, to provide downstream notification of these prohibitions throughout the supply chain; and to require limited recordkeeping. Comments must be received on or before 14 February 2017. POC is Toni Krasnic, Chemical Control Division, Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; tel: 202-564-0984; email address: krasnic.toni@epa.gov (Federal Register; 16 December 2016 [Proposed Rules], pages 91592-91624).

This proposed rule address management of paleontological resources on federal lands under the jurisdiction of the Secretary of the Interior, and managed by BLM, Reclamation, NPS, and FWS. The proposed rule would address the management, collection, and curation of paleontological resources from federal lands using scientific principles and expertise, including collection in accordance with permits; curation in an approved repository; and maintenance of confidentiality of specific locality data. Comments on the proposed rule must be received by 6 February 2017. Comments on the information collection requirements must be received by 5 January 2017. POC is Julia F. Brunner, Geologic Resources Division, National Park Service, tel: 303-969-2012 or email: Julia_F_Brunner@nps.gov (Federal Register; 7 December 2016 [Proposed Rules], pages 88173-88196).

EPA is proposing to revise provisions applicable to greenhouse gases (GHG) in the EPA's Prevention of Significant Deterioration (PSD) and title V permitting regulations. This action is in response to the 23 Jun 2014, U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA and the 10 Apr 2015, Amended Judgment by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in Coalition for Responsible Regulation v. EPA. The proposed revisions involve changes to several regulatory definitions in the PSD and title V regulations, revisions to the PSD provisions on GHG Plantwide Applicability Limitations (PALs), and revisions to other provisions necessary to ensure that neither the PSD nor title V rules require a source to obtain a permit solely because the source emits or has the potential to emit GHGs above the applicable thresholds. EPA is also proposing a significant emissions rate for GHGs under the PSD program that would establish an appropriate threshold level below which BACT is not required for a source's GHG emissions. Comments must be received on or before 2 Dec 2016. POC is Ms. Carrie Wheeler, U.S. EPA, Office of Air Quality Planning & Standards, Air Quality Policy Division, (C504-01), Research Triangle Park, NC 27711, Tel: (919) 541-9771, email: wheeler.carrie@epa.gov (Federal Register; 3 October 2016 [Proposed Rules], pages 68110-68147).

PHMSA is proposing to amend the Hazardous Materials Regulations to revise certain requirements applicable to the manufacture, use, and requalification of DOT-specification cylinders. PHMSA is taking this action in response to petitions for rulemaking submitted by stakeholders and to agency review of the compressed gas cylinders regulations. Specifically, PHMSA is proposing to incorporate by reference or update the references to several Compressed Gas Association publications, amend the filling requirements for compressed and liquefied gases, expand the use of salvage cylinders, and revise and clarify the manufacture and requalification requirements for cylinders. Comments must be submitted by 26 September 2016. POC is Eileen Edmonson, Standards and Rulemaking Division, PHMSA, U.S. DOT, 1200 New Jersey Avenue SE., Washington, DC 20590, at 202-366-8553 (Federal Register; 26 July 2016 [Proposed Rules], pages 48977-49022).

EPA proposes revisions to the NPDES regulations to eliminate regulatory and application form inconsistencies; improve permit documentation, transparency and oversight; clarify existing regulations; and remove outdated provisions. These proposed regulatory changes cover 15 topics in the following major categories: permit applications; the water quality-based permitting process; permit objection, documentation and process efficiencies; the vessels exclusion; and the CWA section 401 certification process. Comments must be received on or before 18 July 2016. POC is Erin Flannery-Keith, Water Permits Division, Office of Wastewater Management, Mail Code 4203M, EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 202-566-0689; flannery-keith.erin@epa.gov (Federal Register; 18 May 2017 [Proposed Rules], pages 31343-31374).

EPA is announcing that the period for providing public comments on the 18 April 2016, proposed "Protection of Stratospheric Ozone: Proposed New Listings of Substitutes; Changes of Listing Status; and Reinterpretation of Unacceptability for Closed Cell Foam Products under the SNAP Program; and Revision of CAA Section 608 Venting Prohibition for Propane" is being extended by 14 days. The public comment period for the proposed rule will now close on 16 June 2016. POC is Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205 T), EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; tel: 202-564-7768; email: Farquharson.chenise@epa.gov (Federal Register; 18 May 2016 [Proposed Rules], pages 31222-31223).

EPA is responding to a rulemaking petition requesting revision of the RCRA corrosivity hazardous waste characteristic regulation. The petition requests that the Agency make two changes to the current corrosivity characteristic regulation: revise the regulatory value for defining waste as corrosive from the current value of pH 12.5, to pH 11.5; and expand the scope of the RCRA corrosivity definition to include nonaqueous wastes in addition to the aqueous wastes currently regulated. EPA is tentatively denying the petition, since the materials submitted in support of the petition fail to demonstrate that the requested regulatory revisions are warranted. The Agency is also soliciting public comment on this tentative and the questions raised in this action. Comments must be received on or before 10 June 2016. POC is Gregory Helms, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery, (5304P), EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 703-308-8855; email: corrosivitypetition@epa.gov(Federal Register; 11 April 2016 [Proposed Rules], pages 21295-21308).

The Environmental Protection Agency (EPA) and the Department of the Army ("the agencies") are amending the Code of Federal Regulations (CFR) to conform the definition of "waters of the United States" to a 2023 Supreme Court decision. This conforming rule amends the provisions of the agencies' definition of "waters of the United States" that are invalid under the Supreme Court's interpretation of the Clean Water Act in the 2023 decision. This final rule is effective on 8 September 2023. POC is Whitney Beck, Oceans, Wetlands and Communities Division, Office of Water (4504T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 564–2281; email: CWAwotus@epa.gov. citation(Federal Register 8 September 2023 [Rule] Pages 61964-61969)

PHMSA, in coordination with the Federal Railroad Administration (FRA), is amending the Hazardous Materials Regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars pursuant to a final rule published on 24 July 2020, pending the earlier of either completion of a companion rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG, or 30 June 2025. This final rule is effective on 31 October 2023. POC is Alexander Wolcott, Transportation Specialist, Standards and Rulemaking Division, Office of Hazardous Materials Safety, (202) 366–8553, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. (Federal Register 31 October 2023 [Rule] Pages 60356-60375)

EPA is finalizing an expanded set of extraction and determinative methods that can be used to characterize and verify the cleanup of PCBs waste under implementing regulations for PCB-related authority in the TSCA. These changes are expected to greatly reduce the amount of solvent used in PCB extraction processes, thereby conserving resources and reducing waste. In addition, the changes are expected to result in quicker, more efficient, and less costly cleanups, due to greater flexibility in the cleanup and disposal of PCB waste, while still being equally protective of human health and the environment. EPA is finalizing several other amendments to the PCB regulations, including the amendment of the performance-based disposal option for PCB remediation waste; the removal of the provision allowing PCB bulk product waste to be disposed of as roadbed material; the addition of more flexible provisions for cleanup and disposal of waste generated by spills that occur during emergency situations; harmonization of the general disposal requirements for PCB remediation waste; and other amendments to improve the implementation of the regulations. This rule is effective 26 February 2024. POC is Jennifer McLeod, Program Implementation and Information Division, Office of Resource Conservation and Recovery, (202) 566–0384; email address: mcleod.jennifer@epa.gov. (Federal Register 29 August 2023 [Rule] Pages 59662-59696)

NMFS, designate and authorize the release of nonessential experimental populations (NEPs or experimental populations) of Sacramento River (SR) winter-run Chinook salmon (Oncorhynchus tshawytscha) and Central Valley (CV) spring-run Chinook salmon (O. tshawytscha) in the McCloud and Upper Sacramento Rivers upstream of Shasta Dam (the NEP Area), California, and, under the ESA, establish a limited set of take exceptions for the experimental populations. Successful reintroduction of populations within the species' historical ranges will contribute to viability and further conservation of these species. The issuance of limited protective regulations for the conservation of these species will provide assurances regarding the regulatory provisions of the ESA as they apply to SR winter-run and CV spring-run Chinook salmon to the people in the Upper Sacramento River and McCloud River watersheds. This final rule also announces the availability of a final environmental assessment (EA) that analyzed the environmental impacts of promulgating the experimental population rule and associated take exceptions. The final rule is effective 27 September 2023. POC is Steve Edmondson, steve.edmondson@noaa.gov or by phone at (916) 930–3600, or by mail at National Marine Fisheries Service, 650 Capitol Mall, Suite 5–100, Sacramento, CA 95814. (Federal Register 28 August 2023 [Rule] Pages 58511-58521)

USFWS determine endangered status for two distinct population segments (DPSs) and threatened status for two DPSs of the foothill yellow-legged frog (Rana boylii), a stream-dwelling amphibian from Oregon and California. After review of the best scientific and commercial information available, they have determined endangered status for the South Sierra and South Coast DPSs and threatened status for the North Feather and Central Coast DPSs of the foothill yellow-legged frog under the ESA. This rule adds the four DPSs to the List of Endangered and Threatened Wildlife and extends the Act's protections to these DPSs. They also finalize rules under the authority of section 4(d) of the Act for the North Feather and Central Coast DPSs that provide measures that are necessary and advisable to provide for the conservation of these two DPSs. They have determined that designation of critical habitat for the four DPSs is not determinable at this time. This rule is effective 28 September 2023. POC is Michael Fris, Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Sacramento, CA 95825; tele: 916–414–6700. (Federal Register 29 August 2023 [Rule] Pages 59698-59727)

USFWS list the sand dune phacelia (Phacelia argentea), a plant species from coastal southern Oregon and northern California, as a threatened species with a rule issued under section 4(d) of the ESA. They also designate critical habitat for the species under the Act. In total, approximately 180.8 acres (73.2 hectares) within 13 units in Coos and Curry Counties in Oregon, and Del Norte County in California, fall within the boundaries of the critical habitat designation. This rule extends the protections of the Act to this species and its designated critical habitat. This rule is effective 21 September 2023. POC is Kessina Lee, State Supervisor, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266; tele (503) 231–6988. (Federal Register 22 August 2023 [Rule] Pages 57180-57222)

NMFS designated critical habitat for five threatened Caribbean coral species, Orbicella annularis, O. faveolata, O. franksi, Dendrogyra cylindrus, and Mycetophyllia ferox, pursuant to section 4 of the ESA. Twenty-eight mostly overlapping specific occupied areas containing physical features essential to the conservation of these coral species are designated as critical habitat. These areas contain approximately 16,830 square kilometers (km2; 6,500 square miles (mi2)) of marine habitat. They have considered economic, national security, and other relevant impacts of designating these areas as critical habitat, and we exclude one area from the designations due to anticipated impacts on national security. This rule becomes effective 8 September 2023. POC is Jennifer Moore, NMFS, SERO, 727–824–5312, Jennifer.Moore@noaa.gov. (Federal Register 9 August 2023 [Rule] Pages 54026-54083)

EPA is taking direct final action on a number of technical corrections that correct or clarify several parts of the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. These technical corrections correct or clarify specific provisions in the existing hazardous waste regulations that were promulgated in the Hazardous Waste Generator Improvements rule, the Hazardous Waste Pharmaceuticals rule, and the Definition of Solid Waste rule. This rule also makes other minor corrections that fall within the same sections of the hazardous waste regulations but are independent of these three rules. Examples of the types of corrections being made in this rule include, but are not limited to, correcting typographical errors, correcting incorrect or outdated citations, making minor clarifications, and updating addresses. This rule is effective on 7 December 2023, without further notice unless the EPA receives adverse comment by 10 October 2023. POC is Brian Knieser, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, (MC: 5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566–0516, (knieser.brian@epa.gov) (Federal Register 9 August 2023 [Rule] Pages 54086-54115)

The U.S. Fish and Wildlife Service (Service), revise the List of Birds protected by the Migratory Bird Treaty Act (MBTA) by both adding and removing species and changing names to conform to accepted use by the scientific community. Reasons for the changes to the list include adding species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to reflect currently accepted taxonomy and nomenclature. The net increase of 13 species (16 added and 3 removed) brings the total number of species protected by the MBTA to 1,106. They also revise the scientific name of a species subject to specific migratory-bird-permit regulations and revise corresponding entries for several migratory bird species that are also listed on the List of Endangered and Threatened Wildlife under the Endangered Species Act to reflect currently accepted taxonomy and nomenclature. This rule is effective 30 August 2023. POC is Eric Kershner, tele 703-358-2376 or Elizabeth Maclin, tele 703-358-2646. (Federal Register 31 July 2023 [Final Rules] Pages 49310-49355)

The U.S. Fish and Wildlife Service (Service) determined threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the cactus ferruginous pygmy-owl ( Glaucidium brasilianum cactorum), a bird subspecies found in Mexico, southern Arizona, and southern Texas. This rule adds the subspecies to the List of Endangered and Threatened Wildlife. The Service also finalizes a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this subspecies. They concluded that designation of critical habitat is prudent and determinable at this time. Critical habitat will be proposed in a separate rule-making. This rule is effective August 21, 2023. POC is Heather Whitlaw, USFWS, 9828 N 31st Ave., Phoenix, AZ 85051; tele 602–242–0210. (Federal Register 20 July 2023 [Final Rule] Pages 46910-46950)

EPA is removing the "emergency" affirmative defense provisions from the EPA's title V operating permit program regulations. These provisions established an affirmative defense that sources could have asserted in enforcement cases brought for noncompliance with technology-based emission limitations in operating permits, provided that the exceedances occurred due to qualifying emergency circumstances. These provisions are being removed because they are inconsistent with the EPA's interpretation of the enforcement structure of the CAA in light of prior court decisions from the U.S. Court of Appeals for the D.C. Circuit. Through this document, the EPA is also providing guidance on the implementation process resulting from the removal of the emergency affirmative defense provisions from the EPA's regulations, including the need for some state, local, and tribal permitting authorities to submit program revisions to the EPA to remove similar title V affirmative defense provisions from their EPA-approved title V programs, and to remove similar provisions from individual operating permits. This final rule is effective on 21 August 2023. POC is Corey Sugerik, Office of Air Quality Planning and Standards, Air Quality Policy Division (C504–05), EPA tele (919) 541–3223; email sugerik.corey@epa.gov.(Federal Register 21 July 2023 [Final Rule] Page 47029-47054)

EPA is amending existing regulations to implement certain provisions of the American Innovation and Manufacturing Act. This rule establishes the methodology for allocating hydrofluorocarbon production and consumption allowances for the calendar years of 2024 through 2028. EPA is also amending the consumption baseline to reflect updated data and to make other adjustments based on lessons learned from implementation of the hydrofluorocarbon phasedown program thus far, including to: codify the existing approach of how allowances must be expended for import of regulated substances, revise recordkeeping and reporting requirements, and implement other modifications to the existing regulations. This final rule is effective on 18 September 2023, except for amendatory instructions 3 and 13, which are effective 1 October 2024. POC is John Feather, U.S. Environmental Protection Agency, Stratospheric Protection Division, tele: 202–564–1230; or email: feather.john@epa.gov. (Federal Register 20 July 2023 [Rule] Pages 468336-46898)

EPA is adding a diisononyl phthalate (DINP) category to the list of toxic chemicals subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). In this action, EPA is adding the DINP category to the toxic chemical list as a category defined to include branched alkyl di-esters of 1,2 benzenedicarboxylic acid in which alkyl ester moieties contain a total of nine carbons. The DINP category meets the EPCRA chronic human health effects toxicity criterion because the members of the category can reasonably be anticipated to cause serious or irreversible reproductive dysfunctions as well as other serious or irreversible chronic health effects in humans, specifically, developmental, kidney, and liver toxicity. The final rule is effective on 12 September 2023. POC is Rachel Dean, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; tele: (202) 566–1303; email: dean.rachel@epa.gov. (Federal Register 14 July 2023 [Rule] Pages 45089-45098)

The U.S. Environmental Protection Agency is taking final action to correct the production baseline to reflect corrected calculations for the phasedown of hydrofluorocarbons pursuant to the American Innovation and Manufacturing Act. This final rule is effective on 11 September 2023. POC is John Feather, U.S. Environmental Protection Agency, Stratospheric Protection Division, tele: 202–564–1230; or email: feather.john@epa.gov. (Federal Register 12 July 2023 [Rule] Pages 44220-44225)

Under the Clean Air Act, the EPA is required to determine the applicable volume requirements for the Renewable Fuel Standard (RFS) for years after those specified in the statute. This action establishes the applicable volumes and percentage standards for 2023 through 2025 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel. This action also establishes the second supplemental standard addressing the judicial remand of the 2016 standard-setting rulemaking. Finally, this action makes several regulatory changes to the RFS program, including changes related to the treatment of biogas and other modifications to improve the program's implementation. At this time EPA is not finalizing proposed provisions related to the generation of RINs from qualifying renewable electricity. This rule is effective on 11 September 2023, except for amendatory instruction 30, which is effective on 1 February 2024, and amendatory instructions 41 and 42, which are effective on 1 April 2024. POC is Dallas Burkholder, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: 734–214–4766; email: RFS-Rulemakings@epa.gov. (Federal Register 12 July 2023 [Rule] Pages 44468-44593)

USFWS are removing the Okaloosa darter (Etheostoma okaloosae) from the Federal List of Endangered and Threatened Wildlife (List) due to recovery. This final rule is based on a thorough review of the best available scientific and commercial information which indicates that the threats to the species have been eliminated or reduced to the point that the species is no longer in danger of extinction or likely to become in danger of extinction within the foreseeable future. Therefore, the species no longer meets the definition of a threatened species, and does not meet the definition of an endangered species, under the ESA. Accordingly, the prohibitions and conservation measures provided by the Act will no longer apply to this species. This rule is effective 28 July 2023. POC is Lourdes Mena, Division Manager, Florida Classification and Recovery, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Jacksonville, FL 32256–7517; tele: 904–731–3134. (Federal Register 28 June 2023 [Rule] Pages 41835-41854)

In this candidate notice of review (CNOR), USFWS presented an updated list of species that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the ESA. This document includes their findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants (Lists) during the period 1 October 2021, through 30 September 2022. Combined with other decisions for individual species published separately from this CNOR in the past year, current number of species that are candidates for listing is 23 (as of 30 September 2022). Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing landowners and other stakeholders to take actions to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if they subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting earlier candidate conservation measures. They will accept information on any of the species in this document at any time. POC is Caitlin Snyder, Chief, Branch of Domestic Listing, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041–3803 tele: 703–358–2673. (Federal Register 27 June [Proposed Rule] Pages 41560-41585)

USFWS determined threatened species status under the ESA for the western fanshell (Cyprogenia aberti), a freshwater mussel species from Arkansas, Kansas, Missouri, and Oklahoma, and the "Ouachita" fanshell (Cyprogenia cf. aberti), a freshwater mussel species from Arkansas and Louisiana. They also designate critical habitat for both species. In total, approximately 261.4 river miles (420.7 kilometers) in Arkansas and Missouri fall within the boundaries of the critical habitat designation for western fanshell. In total, approximately 227.7 river miles (366.5 kilometers) in Arkansas fall within the boundaries of the critical habitat designation for "Ouachita" fanshell. In addition if finalized this rule under the authority of section 4(d) of the Act, provides measures that are necessary and advisable to provide for the conservation of these species. This rule extends the Act's protections to these species and their designated critical habitats. This rule is effective 27 July 2023. POC is John Weber, Field Supervisor, USFWS, Missouri Ecological Services Field Office, 101 Park DeVille Drive, Suite A, Columbia, MO 65203–0057; tele: 573–234–2132. (Federal Register 27 June 2023 [Rule] Pagefs 41724-41771)

The DOE has updated its organizational structure and changed certain titles and reporting duties within the Office of Environment, Health, Safety and Security. This final rule updates certain DOE health, safety and security regulations to reflect the new titles and organizational names. Additionally, the final rule makes further minor updates to these regulations to improve clarity and delete obsolete references. This rule is effective 26 June 2023. POC is Mr. James Dillard, DOE, Office of Environment, Health, Safety and Security, Mailstop EHSS–11, 1000 Independence Ave. SW, Washington, DC 20585, Tele: (301) 903–1165, or Email: james.dillard@hq.doe.gov. (Federal Register 26 June 2023 [Rule] Pages 41289-41295)

The Environmental Protection Agency (EPA) is updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). Specifically, this action updates the regulations to identify nine per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (FY2020 NDAA) enacted on December 20, 2019. As this action is being taken to conform the regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary. This final rule is effective 24 July 2023. POC is Brian Ventura, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; tele: (202) 566–0897; email:ventura.brian@epa.gov. (Federal Register 23 June 2023 [Rule] Pages 41035-41039).

EPA is amending the requirements in Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) that govern the use of dispersants, other chemicals and other spill mitigating substances when responding to oil discharges into jurisdictional waters of the United States. This action addresses the efficacy and toxicity of dispersants and other chemical and biological agents, as well as public, state, local, and federal officials' concerns regarding their use. This final rule is effective on 11 December 2023. POC is Gregory Wilson tele: 202–564–7989 and email: wilson.gregory@epa.gov. (Federal Register 12 June 2023 [Rule] Pages 38280-38356)

EPA is finalizing clarifications to its NPDES Stormwater Phase II regulations due to recent changes made by the Census Bureau. The changes to EPA's regulations are limited to clarifying that the designation criteria for small municipal separate storm sewer systems (MS4s), which have been used since the promulgation of the regulations in 1999, will remain the same. These clarifications are necessary due to the Census Bureau's recent decision to discontinue its practice of publishing the location of "urbanized areas" along with the 2020 Census and future censuses. The clarifications in this final rule replace the term "urbanized area" in the Phase II regulations with the phrase "urban areas with a population of at least 50,000," which is the Census Bureau's longstanding definition of the term urbanized areas. This change allows NPDES permitting authorities to use 2020 Census and future Census data in a manner that is consistent with existing longstanding regulatory practice. This final rule is effective on 12 July 2023. POC is Heather Huddle, Water Permits Division (MC4203), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20004; tele: (202) 564–7932; email:huddle.heather@epa.gov. (Federal Register 12 June 2023 [Rule] Pages 37994-38000)

USFWS designate critical habitat for the Miami tiger beetle (Cicindelidia floridana) under the ESA. In total, approximately 1,869 acres (756 hectares) in Miami-Dade County, Florida, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to the Miami tiger beetle's critical habitat. This rule is effective 22 June 2023. POC is Lourdes Mena, Division Manager, Florida Classification and Recovery, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256–7517; tele 904–731–3134. (Federal Register 23 May 2023 [Rule] Pages 33194-33238)

USFWS are reclassifying Furbish's lousewort (Pedicularis furbishiae) from an endangered species to a threatened species under the ESA, and they finalize a rule under section 4(d) of the Act to promote the conservation of Furbish's lousewort. This information is based on a thorough review of the best available scientific and commercial information, which indicates the threats to the species have been reduced to the point that the species no longer meets the definition of an endangered species under the ESA. This rule is effective 9 June 2023. POC is Amanda Cross, Project Leader, Maine Ecological Services Field Office, 306 Hatchery Road, East Orland, ME 04431; tele 207–902–1567. (Federal Register 10 May 2023 [Rule] Pages 30047-30057)

USFWS finalized the designation of critical habitat for slickspot peppergrass (Lepidium papilliferum) under the ESA. In total, approximately 31,569 hectares (78,009 acres) in Ada, Elmore, Gem, Payette, and Owyhee Counties in Idaho fall within the boundaries of the final critical habitat designation. The effect of this final rule is to designate critical habitat for the slickspot peppergrass, which is a threatened species under the ESA. This rule is effective 5 June 2023. POC is Lisa Ellis, State Supervisor, USFWS, Idaho Fish and Wildlife Office, 1387 S Vinnell Way, Room 368, Boise, ID 83709; tel: 208–378–5243. (Federal Register 4 May 2023 [Rule] Pages 28874-28916).

USFWS determine endangered species status under the ESA for the South Llano springs moss (Donrichardsia macroneuron), an aquatic moss species from Edwards County, Texas. They are excluding the single unit of proposed critical habitat, and, therefore, no critical habitat is being designated for the South Llano springs moss. This rule adds the species to the List of Endangered and Threatened Plants and applies the protections of the Act to the species. This rule is effective 30 May 2023. POC is Karen Myers, Field Supervisor, USFWS, Austin Ecological Services Field Office, 1505 Ferguson Lane, Austin, Texas; tele 512–937–7371. (Federal Register 27 April 2023 [Rule] Pages 25543-25557)

USFWS determined threatened species status under the ESA for the Big Creek crayfish (Faxonius peruncus) and the St. Francis River crayfish (Faxonius quadruncus), two crayfish species from southern Missouri. They also finalize a rule under the authority of section 4(d) of the Act that provides regulatory measures that are necessary and advisable to provide for the conservation of these species. In addition, they designate critical habitat for the species; in total, approximately 1,069 river miles (1,720 river kilometers) for the Big Creek crayfish and 1,043 river miles (1,679 river kilometers) for the St. Francis River crayfish in Iron, Madison, St. Francois, Washington, and Wayne Counties, Missouri, fall within the boundaries of the critical habitat designations. This rule applies the protections of the Act to these species and their designated critical habitats. This rule is effective 30 May 2023. POC is John Weber, Field Supervisor; USFWS; Missouri Ecological Services Field Office; 101 Park DeVille Drive, Suite A; Columbia, MO 65203–0057; tele: 573–234–2132. (Federal Register 27 April 2023 [Rule] Pages 25512-25542)

USFWS determine threatened species status under the ESA for the Wright's marsh thistle (Cirsium wrightii), a thistle species from New Mexico. They also designate critical habitat. In total, approximately 156.8 acres (63.4 hectares) in Chaves, Eddy, Guadalupe, Otero, and Socorro Counties, New Mexico, fall within the boundaries of the critical habitat designation. This rule adds the species to the List of Endangered and Threatened Wildlife. They also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this species. This rule is effective 25 May 2023. POC is Shawn Sartorius, Field Supervisor, New Mexico Ecological Services Field Office, 2105 Osuna Rd. NE, Albuquerque, NM 87113; tele 505–346–2525. (Federal Register 25 April 2023 [Rule] Pages 25208-25249) .

USFWS determine threatened species status under the ESA for the bracted twistflower (Streptanthus bracteatus), a plant species from Texas. In addition, they designate critical habitat for the bracted twistflower. In total, approximately 1,596 acres (646 hectares) in Uvalde, Medina, Bexar, and Travis Counties, Texas, fall within the boundaries of the critical habitat designation. This rule applies the protections of the Act to this species and its designated critical habitat. They also finalize a rule issued under the authority of section 4(d) of the Act (a "4(d) rule") that provides measures that are necessary and advisable to provide for the conservation of this species. This rule is effective 11 May 2023. POC is Karen Myers, Field Supervisor, USFWS, Austin Ecological Services Field Office, 1505 Ferguson Lane, Austin, Texas; tele: 512–927–3500. (Federal Register 11 April 2023 [Rule] Pages 21844-21876).

USFWS designate critical habitat for the pearl darter (Percina aurora) under the ESA. In total, approximately 524 river miles (843 river kilometers) in Clarke, Covington, Forrest, George, Green, Lauderdale, Jackson, Jones, Newton, Perry, Simpson, Stone, and Wayne Counties, Mississippi, fall within the boundaries of the critical habitat designation. The effect of this regulation is to designate critical habitat for the pearl darter under the Act. This rule is effective 8 May 2023. POC is James Austin, Field Supervisor, U.S. Fish and Wildlife Service, Mississippi Ecological Services Field Office, 6578 Dogwood View Parkway, Jackson, MS 39213; tele: 601–321–1129. (Federal Register 6 April 2023 [Rule] Pages 20410-20430)

USFWS are releasing (meaning introducing) the Guam kingfisher (Todiramphus cinnamominus), known locally as the sihek, on Palmyra Atoll as an experimental population under the ESA. Currently, sihek exists only in captivity and has been extinct in the wild for more than 30 years. The introduction on Palmyra Atoll is outside sihek's historical range because its primary habitat within its native range on Guam has been indefinitely altered by the accidental introduction of the predatory brown treesnake (Boiga irregularis) in the mid-twentieth century. Tools to manage brown treesnakes at a landscape level are beginning to be deployed, but it will take time before these tools are effective. The introduction of sihek to Palmyra Atoll is not a permanent introduction that would support a self-sustaining population; it is intended to facilitate the gathering of information and analysis to optimize efforts for reestablishment of the species on Guam once brown treesnakes can be sufficiently controlled at a landscape scale. USFWS classify this population as a nonessential experimental population (NEP) under the ESA and provide regulations for the take of sihek within the NEP area. This final rule is effective 4 May 2023. POC is Megan Laut, Pacific Islands Fish and Wildlife Office, USFWS, 300 Ala Moana Blvd., Rm 3–122, Honolulu, HI 96850; tele 808–779–9939. (Federal Register 4 April 2023 [Rule] Pages 19880-19894)

USFWS determined threatened status under the ESA for the northern distinct population segment (DPS), of the southern subspecies of scarlet macaw (Ara macao macao). Scarlet macaws are brilliantly colored parrots native to Mexico and Central and South America. This action affirms the 2019 listing of the scarlet macaw under the Act. This determination is effective 30 March 2023. POC is Rachel London, Chief, Branch of Delisting and Foreign Species, Ecological Services Program, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041–3803 tele: 703–358–2171. (Federal Register 3 April 2023 [Rule] Pages 19549-19559)

This action promulgates corrections and updates to regulations for source testing of emissions under various rules. This final rule includes corrections to typographical and technical errors, updates to outdated procedures, and revisions to add clarity and consistency with other monitoring requirements. The revisions will improve the quality of data but will not impose new substantive requirements on source owners or operators. This rule is effective on 30 May 2023. POC is Mrs. Lula H. Melton, Office of Air Quality Planning and Standards, Air Quality Assessment Division (E143-02), EPA, Research Triangle Park, NC 27711; tele: (919) 541-2910; email: melton.lula@epa.gov.(Federal Register 29 March 2023 [Rule] Pages 18396-18423)

USFWS are listing the Egyptian tortoise (Testudo kleinmanni; syn. Testudo werneri), a terrestrial tortoise from Libya, Egypt, and Israel, as a threatened species with a rule issued under section 4(d) of the ESA. The rule issued under section 4(d) of the Act provides measures that are necessary and advisable to provide for the conservation of this species. This rule is effective 1 May 2023. POC is Bridget Fahey, Chief, Division of Conservation and Classification, Ecological Services, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041–3803; tele: 703–358–2171. (Federal Register 30 March 2023 [Rule] Pages 19004-19017).

USFWS determine endangered status under the ESA for the bog buck moth (Hemileuca maia menyanthevora) (=H. iroquois), a moth that occurs in Oswego County, New York, and Ontario, Canada. This rule adds the bog buck moth to the List of Endangered and Threatened Wildlife and applies the protections of the Act to this species. They have determined that designation of critical habitat for the bog buck moth is not prudent at this time. This rule is effective 14 April 2023. POC is Ian Drew, Acting Field Supervisor, USFWS, New York Field Office, 3817 Luker Road, Cortland, NY 13045; tele 607-753-9334. (Federal Register 15 March 2023 [Rule] Pages 15921-15938)

USFWS determined threatened species status under the ESA for the longsolid (Fusconaia subrotunda) and round hickorynut (Obovaria subrotunda), freshwater mussels. They also designate critical habitat for both species. For the longsolid, in total, approximately 1,115 river miles (1,794 river kilometers) fall within 12 units of critical habitat in Pennsylvania, Kentucky, West Virginia, Virginia, Tennessee, and Alabama. For the round hickorynut, in total, approximately 921 river miles (1,482 river kilometers) fall within 14 units of critical habitat in Pennsylvania, Ohio, Indiana, Kentucky, West Virginia, Tennessee, Alabama, and Mississippi. They also finalize a rule under the authority of section 4(d) of the Act for both species that provides measures that are necessary and advisable to provide for the conservation of these species. This rule is effective 10 April 2023. Janet Mizzi, Field Supervisor, USFWS, Asheville Ecological Services Field Office, 160 Zillicoa St., Asheville, NC 28801; telephone 828-258-3939. (Federal Register: 9 March 2023 [Rule] Pages 14794-14869)

U.S. Fish and Wildlife Service (Service), are listing the prostrate milkweed (Asclepias prostrata), a plant species from Texas, as an endangered species and designating critical habitat under the ESA. They are designating approximately 661.0 acres (267.5 hectares) in Starr and Zapata Counties, Texas, as critical habitat for the prostrate milkweed under the Act. This rule adds this species to the List of Endangered and Threatened Plants and extends the Act's protections to the species and its designated critical habitat. This rule is effective 30 March 2023. POC is Chuck Ardizzone, Field Supervisor, Texas Coastal Ecological Services Field Office, 17629 El Camino Real Suite 211, Houston, TX 77058; tel 281-286-8282. (Federal Register 28 February 2023 [Rule] Pages 12572-12602)

The EPA is taking final action on the technology review conducted on the Miscellaneous Coating Manufacturing (MCM) source category regulated under the National Emission Standards for Hazardous Air Pollutants (NESHAP). These final amendments include provisions for inorganic hazardous air pollutant (HAP) standards for process vessels. This final rule is effective 22 February 2023. POC is Ms. Angie Carey, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; teler: (919) 541-2187 and email:carey.angela@epa.gov. (Federal Register 22 February 2023 [Rule] pages 10842-10851)

USFWS announces technical corrections for 62 wildlife and plant species under the ESA. These corrections include changes to scientific names of 11 wildlife species and 14 plant species due to taxonomic reclassification; changes to common names of 21 wildlife species and 13 plant species; and corrections to errors in scientific or common names, listing citations, or taxonomic heading placement for 4 wildlife species and 14 plant species. They are revising the List of Endangered and Threatened Wildlife and the List of Endangered and Threatened Plants ("the Lists") to reflect the current scientifically accepted taxonomy and nomenclature of these species that occur in Idaho and the Pacific islands. This rule is effective 3 May 2023 without further action, unless significant adverse comment is received by 6 March 2023. POC is Marilet Zablan, Program Manager for Restoration and Endangered Species Classification, USFWS, Pacific Regional Office, Ecological Services, 911 NE 11th Avenue, Portland, OR 97232; tele 503-231-6131. (Federal Register 2 February 2023 [Rule] Pages 7134-7177)

USFWS is listing the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, as an endangered species under the ESA. This rule extends the Act's protections to the Sacramento Mountains checkerspot butterfly. They will propose the designation of critical habitat for the Sacramento Mountains checkerspot butterfly in a future rulemaking. This rule is effective 2 March 2023. POC is Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113; tele: 505-346-2525. (Federal Register 31 January 2023 [Rule] Pages 6177-6191)

USFWS are removing the San Clemente (SC) Bell's sparrow (Artemisiospiza belli clementeae) (formerly known as the SC sage sparrow, Amphispiza belli clementeae), San Clemente Island (SCI) bush-mallow (Malacothamnus clementinus), SCI paintbrush (Castilleja grisea), SCI lotus (Acmispon dendroideus var.traskiae), and SCI larkspur (Delphinium variegatum ssp. kinkiense) from the Federal Lists of Endangered and Threatened Wildlife and Plants (Lists). The bird species and four plant species occur only on SCI, one of the California Channel Islands off the southern coast of California. The delistings are based on our evaluation of the best available scientific and commercial information, which indicates that the status of each species has improved and threats to the species have been eliminated or reduced to the point that the species have recovered and no longer meet the definitions of either endangered or threatened species under the ESA. Accordingly, the protections provided by the Act will no longer apply to these species. This rule is effective 24 February 2023. POC is Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, Carlsbad, CA 92008; tele 760-431-9440. (Federal Register 25 January 2023 [Rule] Pages 4761-44792).

The EPA and the Department of the Army ("the agencies") are finalizing a rule defining the scope of waters protected under the Clean Water Act. In developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, relevant Supreme Court case law, and the agencies' experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining "waters of the United States." This final rule advances the objective of the Clean Water Act and ensures critical protections for the nation's vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States. This action is effective on 20 March 2023. Whitney Beck, Oceans, Wetlands and Communities Division, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; teler: (202) 564-2281; email: CWAwotus@epa.gov. (Federal Register 18 January 2023 [Rule] Pages 3004-3144)

USFWS are reclassifying Fender's blue butterfly (Icaricia icarioides fenderi) from endangered to threatened under the ESA. Fender's blue butterfly is endemic to the Willamette Valley of Oregon. This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. They are also finalizing a rule issued under section 4(d) of the Act that provides for the conservation of the species. This rule is effective 13 February 2023. POC is Craig Rowland, Acting State Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, telephone 503-319-9488. (Federal Register 12 January 2023 [Rule] Pages 2006-2028)

NMFS designated and authorized the release of a nonessential experimental population (NEP or experimental population) of Central Valley (CV) spring-run Chinook salmon (Oncorhynchus tshawytscha) in the upper Yuba River and its tributaries upstream of Englebright Dam, California, and under the ESA, establish a limited set of take exceptions for the experimental population. Successful reintroduction of a population within the species' historical range would contribute to its viability and further its conservation. The issuance of limited protective regulations for the conservation of the species would provide assurances to the people of the upper Yuba River watershed. This document also announces the availability of a final EA that analyzed the environmental impacts of promulgating the experimental population rule and associated take exceptions. The final rule is effective 27 January 2023. POC is Steve Edmonson, NMFS, 650 Capitol Mall, Suite 5-100, Sacramento, CA 95814, 916-930-3600, or Adrienne Lohe, NMFS Office of Protected Resources, 301-427-8442. (Federal Register 28 December 2022 [Rule] Pages 79808-79818)

USFWS designate critical habitat for the Florida bristle fern (Trichomanes punctatum ssp. floridanum) under the ESA. In total, approximately 1,698 hectares (ha) (4,195 acres (ac)) fall within 10 units of critical habitat in Miami-Dade and Sumter Counties, Florida. This rule extends the Act's protections to the Florida bristle fern's designated critical habitat. This rule is effective 23 January 2023. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. (Federal Register 22 December 2022 [Rule] pages 78582-78610)

This action finalizes amendments to the national emission standards for hazardous air pollutants (NESHAP) for the site remediation source category. This action finalizes amendments to remove exemptions from the rule for site remediation activities performed under authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as a remedial action or a non-time-critical removal action, and for site remediation activities performed under Resource Conservation and Recovery Act (RCRA) corrective actions conducted at treatment, storage, and disposal facilities. This final rule is effective on 22 December 2022. POC is Matthew Witosky, Sector Policies and Programs Division (E143-05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-2865; and email:witosky.matthew@epa.gov.(Federal Register 22 December 2022 [Rule] pages 78545-78558)

USFWS announced findings that one species is not warranted for delisting and that seven species are not warranted for listing as endangered or threatened species under the ESA. After a thorough review of the best available scientific and commercial information, they find that it is not warranted at this time to delist Bone Cave harvestman (Texella reyesi; formerly listed as endangered as the Bee Creek Cave harvestman, Texella reddelli). They find that it is not warranted at this time to list Brandegee's buckwheat (Eriogonum brandegeei Rydberg), Chowanoke crayfish (Faxonius virginiensis), Cisco milkvetch (Astragalus sabulosus), stage station milkvetch (A. vehiculus), Isely's milkvetch (A. iselyi), Columbia Oregonian (Cryptomastix hendersoni), and Rye Cove cave isopod (Lirceus culveri). However, they ask the public to submit to them at any time any new information relevant to the status of any of the species mentioned above or their habitats. The findings in this document were made on 29 December 2022. For further information see federal register for POC. (Federal Register 29 December 2022).

This final rule corrects editorial errors and improves the clarity of certain provisions in PHMSA's program and procedural regulations and in the Hazardous Materials Regulations. The intended effect of this rulemaking is to enhance accuracy and reduce misunderstandings of the regulations. The amendments contained in this final rule are non-substantive changes and do not impose new requirements. This final rule is effective 26 January 2023. POC is Yul B. Baker Jr., Standards and Rulemaking Division, at (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001. (Federal Register 27 December 2022 [Rule] pages 79752-79785)

USFWS determined endangered species status under the ESA for Tiehm's buckwheat (Eriogonum tiehmii), a plant species native to Nevada in the United States. They also designate critical habitat. In total, they designate approximately 910 acres (368 hectares) in one unit in Nevada as critical habitat for Tiehm's buckwheat. This rule adds the species to the List of Endangered and Threatened Plants and extends the Act's protections to the species. This rule is effective 17 January 2023. POC is Justin Barrett, Deputy Field Supervisor, USFWS, Reno Ecological Services Field Office, 1340 Financial Boulevard, Suite 234, Reno, NV 89502; tele 775-861-6300. (Federal Register 16 December 2022 [Rule] Pages 77368-77401)

USFWS determine that whitebark pine (Pinus albicaulis), a high-elevation tree species found across western North America, is a threatened species under the ESA. They also finalized a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of the species. USFWS have determined that designation of critical habitat for the whitebark pine is not prudent at this time. This rule is effective 17 January 2023. POC is Tyler Abbott, Field Supervisor, USFWS, Wyoming Ecological Services Field Office, 334 Parsley Boulevard, Cheyenne, WY 82007; tele: 307-757-3707. (Federal Register 15 December 2022 [Rule] Pages 76882-76917)

USFWS determine endangered status under the ESA for the Dolphin and Union caribou (Rangifer tarandus groenlandicus × peary), a distinct population segment (DPS) of the barren-ground caribou (Rangifer tarandus groenlandicus). After reviewing new survey information received during the public comment period that identified significant decline in the population during a recent 4-year period, they have reevaluated the status of the DPS. Their reassessment concluded that the species is in danger of extinction now. Therefore, they are listing this DPS as endangered under the Act. Listing this DPS as endangered also means that the proposed rule under section 4(d) of the Act will not be finalized or put in place. Rather, the prohibitions under section 9(a)(1) of the Act and our implementing regulations for endangered wildlife will apply to all Dolphin and Union caribou specimens. The Dolphin and Union caribou is native only to Canada. The rule is effective 12 January 2023. POC is Rachel London, Acting Chief, Branch of Delisting and Foreign Species, Ecological Services Program, USFWS, 5275 Leesburg Pike, MS: ES, Falls Church, VA 22041; tele 703-358-2491. (Federal Register 13 December 2022 [Rule] Pages 76112-76125).

USFWS are listing the Dixie Valley toad (Anaxyrus williamsi), a toad species from Nevada, as an endangered species under the ESA. This rule continues the protections of the Act applied to the Dixie Valley toad under our 7 April 2022, temporary emergency listing rule. This rule is effective 2 December 2022. Justin Barrett, Field Supervisor, USFWS, Reno Fish and Wildlife Office, 1340 Financial Blvd., Suite 234, Reno, NV 89502; tele 775-861-6300. (Federal Register 2 December 2022 [Rule] Pages 73971-73994).

EPA is taking direct final action to clarify its National Pollutant Discharge Elimination System (NPDES) Stormwater Phase II regulations due to recent changes made by the Census Bureau. The changes to EPA's regulations are limited to clarifying that the designation criteria for small municipal separate storm sewer systems (MS4s), which have been used since the promulgation of the regulations in 1999, will remain the same. These clarifications are necessary due to the Census Bureau's recent decision to discontinue its practice of publishing the location of "urbanized areas" along with the 2020 Census and future censuses. The clarification in this direct final rule replaces the term "urbanized area" in the Phase II regulations with the phrase "urban areas with a population of at least 50,000," which is the Census Bureau's longstanding definition of the term urbanized areas. This change will allow NPDES permitting authorities to use 2020 Census and future Census data in a manner that is consistent with existing longstanding regulatory practice. This rule is effective on 2 March 2023 without further notice, unless EPA receives adverse comment by 3 January 2023. POC is Heather Huddle, Water Permits Division (MC4203), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington DC 20004; tele: (202) 564-7932; email: huddle.heather@epa.gov. (Federal Register 2 December 2022 [Rule] Pages 73965-73971).

USFWS are reclassifying (downlisting) the plant Eugenia woodburyana (no common name) from an endangered species to a threatened species under the ESA, due to improvements in the species' status since its original listing in 1994. This action is based on a thorough review of the best available scientific and commercial information, which indicates that E. woodburyana is not currently in danger of extinction throughout all or a significant portion of its range, but it is likely to become so within the foreseeable future. They are also finalizing a rule issued under section 4(d) of the Act to provide measures that are necessary and advisable for the conservation of E. woodburyana. This rule is effective 3 January 2023. POC is Edwin Muñiz, Field Supervisor, Caribbean Ecological Services Field Office, USFWS, P.O. Box 491, Boqueron, PR 00622; email caribbean_es@fws.gov; tele: 787-405-3641. (Federal Register 2 December 2022 [Rule] Pages 73994-74013).

In response to a petition filed under the Emergency Planning and Community Right-to-Know Act (EPCRA), the Environmental Protection Agency (EPA) is adding 12 chemicals to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act (PPA). EPA has determined that each of the 12 chemicals meets the EPCRA criteria. In addition, based on the available bioaccumulation and persistence data, EPA has determined that one chemical should be classified as a persistent, bioaccumulative, and toxic (PBT) chemical and designated as a chemical of special concern with a 100-pound reporting threshold. This final rule will apply for the reporting year beginning 1 January 2023. POC is Daniel R. Bushman, Toxics Release Inventory Program Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 566-0743; email:bushman.daniel@epa.gov. (Federal Register 30 November 2022 [Rule] Pages 73475-73488)

USFWS reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in all or portions of 37 U.S. States, the District of Columbia, and much of Canada, as an endangered species under the ESA. Their review of the best available scientific and commercial information indicates that the northern long-eared bat meets the Act's definition of an endangered species. Because they are reclassifying the northern long-eared bat from a threatened to an endangered species, they are amending this species' listing on the List of Endangered and Threatened Wildlife to reflect its endangered species status and removing its species-specific rule issued under section 4(d) of the Act. This rule is effective 30 January 2023. POC is Shauna Marquardt, Field Supervisor, USFWS, Minnesota Wisconsin Ecological Services Field Office, 4101 American Boulevard East, Bloomington, MN 55425; tele 952-252-0092. (Federal Register 30 November 2022 [Rule] Pages 73488-73504)

USFWS listed the Puerto Rican harlequin butterfly (Atlantea tulita), a species from Puerto Rico, as a threatened species with a rule issued under section 4(d) of the ESA. They also designate critical habitat for this species under the Act. In total, approximately 41,266 acres (16,699.8 hectares) in six units in the municipalities of Isabela, Quebradillas, Camuy, Arecibo, Utuado, Florida, Ciales, Maricao, San Germán, Sabana Grande, and Yauco are within the boundaries of the critical habitat designation. This rule extends the Act's protections to the species and its designated critical habitat. This rule is effective 3 January 2023. POC is Edwin Muñiz, Field Supervisor, Caribbean Ecological Services Field Office, U.S. Fish and Wildlife Service, P.O. Box 491, Boqueron, PR 00622; email: caribbean_es@fws.gov; tele: 787-405-3641. (Federal Register 1 December 2022 [Proposed Rule] Pages 73655-73682)

The EPA is finalizing updates to the list of North American Industry Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI) to reflect the Office of Management and Budget (OMB) 2022 NAICS code revision. OMB updates the NAICS codes every five years. EPA is implementing the 2022 codes for TRI Reporting Year 2022 (i.e., facilities reporting to TRI are required to use 2022 NAICS codes on reports that are due to the Agency by July 1, 2023). The actual data required by a TRI form does not change as a result of this rulemaking, nor does the rule affect the universe of TRI reporting facilities that are required to submit reports to the Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA). This final rule is effective on 28 December 2022. Rachel Dean, Data Collection Branch, Data Gathering and Analysis Division (Mail code: 7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: (202) 566-1303; email: dean.rachel@epa.gov. (Federal Register 28 November 2022 [Rule] Pages 72891-72898).

EPA is finalizing PM emission standards and test procedures applicable to certain classes of engines used by civil subsonic jet airplanes (engines with rated output of greater than 26.7 kN) to replace the existing smoke standard for those engines. The EPA is adopting these standards under our authority in the CAA. These standards and test procedures are equivalent to the engine standards adopted by the United Nations' ICAO in 2017 and 2020 and will apply to both new type design aircraft engines and in-production aircraft engines. These standards reflect the importance of the control of PM emissions and U.S. efforts to secure the highest practicable degree of uniformity in aviation regulations and standards. Additionally, the EPA is migrating, modernizing, and streamlining the existing regulations into a new part in the Code of Federal Regulations. As part of this update, the EPA is also aligning with ICAO by applying the smoke number standards to engines less than or equal to 26.7 kilonewtons rated output used on supersonic airplanes. This final rule is effective on 23 December 2022. POC is Bryan Manning, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele:(734) 214-4832; email:manning.bryan@epa.gov. (

Feb 14, 2022