[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4338-4339]
[FR Doc No: 2019-02111]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0212; FRL-9984-75-Region 1]

Air Plan Approval; Connecticut; Prevention of Significant
Deterioration; Revisions to the Prevention of Significant Deterioration
Greenhouse Gas Permitting Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of
Connecticut. This revision affects provisions applicable to greenhouse
gases (GHGs) in the EPA's Prevention of Significant Deterioration (PSD)
permit program. Connecticut requested the revision in response to the
June 23, 2014, U.S. Supreme Court's decision in Utility Air Regulatory
Group (UARG) v. EPA and the April 10, 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
intended effect of this action is to clarify that the State's PSD rules
do not require a source to obtain a permit solely because the source
emits or has the potential to emit (PTE) GHGs: Above the PSD
applicability thresholds for new major sources or for which there is a
significant emissions increase from a modification. This action is
being taken in accordance with the Clean Air Act.

DATES: This rule is effective on March 18, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R01-OAR-2018-0212. All documents in the
docket are listed on the https://www.regulations.gov website. Although
listed in the index, some information is not publicly available, i.e.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1, Office of Ecosystem Protection, Air Permits, Toxics, and
Indoor Programs Unit, 5 Post Office Square--Suite 100, Boston, MA. The
EPA requests that if at all possible, you contact the contact listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, Air Permits, Toxics, and
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA Region
1, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912, tel.<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 15, 2018 (83 FR 27936), the EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of Connecticut. The NPRM
proposed approval of removing the requirement that a source would have
to obtain a PSD permit solely due to its GHG emissions, commonly known
as ``Step 2'' sources. The formal SIP revision was submitted by
Connecticut on February 15, 2018. The rationale for the EPA's proposed
action is explained in the NPRM and will not be restated here.

II. Response to Comments

    The EPA received four comments during the comment period. One
comment supported the EPA's proposed action. Three comments discuss
subjects outside the scope of this SIP action, do not explain (or
provide a legal basis for) how the proposed action should differ in any
way, and make no specific mention of the proposed action. As such,
these three comments are not germane and do not require further
response to finalize the action as proposed.

III. Final Action

    The EPA is approving Connecticut's removal from Connecticut's SIP
of the requirement that sources must obtain a PSD permit based solely
on a source's GHG emissions.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference revisions to
RSCA Section 22a-174-3a(a)(1) entitled ``Applicability,'' RSCA Section
22a- 174-3a(j)(1) for when control technology applies, and RSCA
Sections 22a-174-3a(k)(1) and (2) regarding applicability of GHGs for
major stationary sources and major modifications, in the amendments to
40 CFR part 52 set forth below. All three state regulations were
effective February 8, 2018. The EPA has made, and will continue to
make, these documents generally available electronically through
https://www.regulations.gov.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive

Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 16, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 7, 2019.
Deborah Szaro,
 Acting Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart H--Connecticut

0
2. Section 52.370 is amended by adding paragraph (c)(120) to read as
follows:

 Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (120) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
February 28, 2018.
    (i) Incorporation by reference. (A) Regulations of Connecticut
State Agencies, Section 22a-174-3a, ``Permit to Construct and Operate
Stationary Sources,'' amended February 8, 2018:
    (1) 22a-174-3a(a)(1), ``Applicability and Exemptions,'' except
(a)(1)(C) and (G);
    (2) 22a-174-3a(j)(1), ``Best Available Control Technology (BACT);''
and
    (3) 22a-174-3a(k)(1) and (2), ``Permit Requirements for Attainment
Areas: Prevention of Significant Deterioration of Air Quality (PSD)
Program.''

0
3. In Sec.  52.385, Table 52.385 is amended by adding an entry for
state citation 22a-174-3a in numerical order by state citation and date
approved by EPA to read as follows:

Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                     Table 52.385--EPA-Approved Regulations
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                                                 Dates
                                      --------------------------
 Connecticut State     Title/subject       Date         Date     Federal Register    Section        Comments/
      citation                          adopted by  approved by      citation         52.370       description
                                          State         EPA
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                                                  * * * * * * *
22a-174-3a.........  Permit to            2/8/2018    2/15/2019  [Insert Federal      (c)(120)  Revised section
                      Construct and                               Register                       22a-174-3a(a)(1
                      Operate                                     citation].                     ) entitled
                      Stationary                                                                 ``Applicability
                      Sources.                                                                   ,'' section 22a-
                                                                                174-3a(j)(1)
                                                                                for when
                                                                                control
                                                                                technology
                                                                                applies, and
                                                                                sections 22a-
                                                                                174-3a(k)(1)
                                                                                and (2)
                                                                                regarding
                                                                                applicability
                                                                                of GHGs for
                                                                                major
                                                                                stationary
                                                                                sources and
                                                                                major
                                                                                modifications.

                                                  * * * * * * *
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[FR Doc. 2019-02111 Filed 2-14-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 10, 2007 (Volume 72, Number 154)]
[Notices]
[Page 45077]
[DOCID:fr10au07-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56202, File No. SR-MSRB-2007-01]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Order Approving Proposed Rule Change to MSRB Rule G-14, Reports
of Sales or Purchases Relating to Reporting of Transactions in Certain
Special Trading Situations

August 3, 2007.
    On June 13, 2007, the Municipal Securities Rulemaking Board
(``MSRB''), filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change consisting of an amendment to and interpretation
of its Rule G-14, Reports of Sales or Purchases. The MSRB proposed an
effective date for this proposed rule change of January 2, 2008. The
proposed rule change was published for comment in the Federal Register
on July 3, 2007.\3\ The Commission received no comment letters
regarding the proposal. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55957 (June 26,
2007), 72 FR 36532 (July 3, 2007) (``Commission's Notice'').
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    The proposed rule change would: (i) Clarify transaction reporting
requirements and require use of the existing M9c0 special condition
indicator on trade reports of three types of transactions arising in
certain special trading situations that do not represent typical arm's-
length transactions negotiated in the secondary market; (ii) provide an
end-of-day exception from real-time transaction reporting for trade
reports containing the M2c0 or M9c0 special condition indicator; and
(iii) create two new special condition indicators for purposes of
reporting certain inter-dealer transactions ``late.'' A full
description of the proposal is contained in the Commission's Notice.
    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to the MSRB \4\ and, in particular, the
requirements of Section 15B(b)(2)(C) of the Act \5\ and the rules and
regulations thereunder. Section 15B(b)(2)(C) of the Act requires, among
other things, that the MSRB's rules be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in municipal
securities, to remove impediments to and perfect the mechanism of a
free and open market in municipal securities, and, in general, to
protect investors and the public interest.\6\ In particular, the
Commission finds that the proposed rule change is consistent with the
Act because it will allow the municipal securities industry to produce
more accurate trade reporting and transparency and will enhance
surveillance data used by enforcement agencies. The proposal will be
effective January 2, 2008, as requested by the MSRB.
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    \4\ In approving this rule the Commission notes that it has
considered the proposed rule's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78o-4(b)(2)(C).
    \6\ Id.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change (SR-MSRB-2007-01) be, and it
hereby is, approved.
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    \7\ 15 U.S.C. 78s(b)(2).
    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-15598 Filed 8-9-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34822-34823]
[DOCID:fr18jn08-137]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57953; File No. SR-Phlx-2008-45]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Increasing the Maximum Number of Quoters in Options Overlying the SPDR
Gold Trust

June 11, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on June 6, 2008, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been substantially prepared by the
Phlx. The Exchange has designated this proposal as one constituting a
stated policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule under Section
19(b)(3)(A)(i) of the Act,\3\ and Rule 19b-4(f)(1) thereunder,\4\ which
renders the proposal effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx proposes to increase the Maximum Number of Quoters
(``MNQ'') in options overlying the SPDR Gold Trust (``GLD''). The text
of the proposed rule change is available on Phlx's Web site (http://
www.phlx.com), at the Phlx's Office of the Secretary, and at the
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Phlx included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Phlx has prepared summaries, set forth in sections
A, B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to enhance liquidity on
the Exchange in options overlying GLD by setting the highest MNQ
permissible under Exchange rules for such options.\5\
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    \5\ Exchange Rule 507, Commentary .02 provides:
    ``The term `MNQ' refers to the maximum number of participants
that may be assigned in a particular equity option at any one time.
The MNQ levels for options trading on the Exchange are as follows,
based on the preceding month's national volumes:
    (a) 22 for the 5% most actively traded options;
    (b) 17 for the next 10% most actively traded options;
    (c) 12 for all other options.''
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    Exchange Rule 507, Commentary .04 provides a procedure by which the
Exchange's Options Allocation, Evaluation and Securities Committee
(``OAESC'') \6\ may increase the MNQ for a particular product.
Specifically, when exceptional circumstances warrant, the OAESC may
increase the MNQ for an existing or new product. ``Exceptional
circumstances'' refers to substantial trading volume, whether actual or
expected (e.g., in the case of a new

product or a major news announcement or corporate event). Upon
cessation of the exceptional circumstances, the OAESC, in its
discretion, may determine to reduce the MNQ, provided, however, that
any reduction must be undertaken in accordance with the procedure
established in the Rule 507.
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    \6\ See Exchange By-Law Article X, Section 10-7.
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    The effect of an increase in the MNQ is procompetitive in that it
increases the number of market participants that may quote
electronically in a product. The purpose of this filing is to increase
the MNQ for options overlying GLD, which is a new product in which the
Exchange expects substantial trading volume.
    The Exchange proposes to increase the MNQ in GLD options from 12
quoters, the MNQ applicable to new products with no ``track record''
sufficient to determine whether such product falls within the top 5%
most actively traded options, to 22 quoters, based on the Exchange's
belief that options overlying GLD will eventually fall within this
category.
    Increasing the MNQ in GLD options will enable the Exchange to
enhance the liquidity offered, thereby offering deeper and more liquid
markets. The Exchange represents that it will comply with all of the
requirements of Exchange Rule 507 in increasing the MNQ in GLD options
and, if it determines subsequently to reduce such MNQ, in reducing the
MNQ in GLD options. Changes to the MNQ will be announced to the
membership via Exchange Circular.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
by adding depth and liquidity to the Exchange's markets in GLD options.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing proposed rule change will take effect upon filing
with the Commission pursuant to Section 19(b)(3)(A)(i) of the Act \9\
and Rule 19b-4(f)(1) thereunder,\10\ because it constitutes a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(i).
    \10\ 17 CFR 240.19b-4(f)(1).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2008-45 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2008-45. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the Phlx. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
Phlx-2008-45 and should be submitted on or before July 9, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-13706 Filed 6-17-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Proposed Rules]
[Pages 1039-1041]
[FR Doc No: 2019-00782]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2018-0837; FRL-9988-95-Region 7]

Approval of State Plans for Designated Facilities and Pollutants;
Missouri; Diammonium Phosphate Fertilizer Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
rescind the current state plan and associated regulation and accept the
negative declaration submitted by the State of Missouri for Diammonium
Phosphate Fertilizer units. This negative declaration submitted by the
Missouri Department of Natural Resources (MoDNR) certifies that
Diammonium Phosphate Fertilizer (DPF) units subject to section 111(d)
of the Clean Air Act (CAA) do not operate within the jurisdiction of
the State of Missouri. The EPA is accepting the negative declaration in
accordance with the requirements of the CAA.

DATES: Comments must be received on or before March 4, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0837 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: Larry Gonzalez, Environmental

Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. Background
III. What action is the EPA proposing to take?
IV. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2018-
0837, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background

    The Clean Air Act (CAA) requires that state regulatory agencies
implement emission guidelines and associated compliance times using a
state plan developed under sections 111(d) of the CAA.
    The general provisions for the submittal and approval of state
plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62,
subpart A. Section 111(d) establishes general requirements and
procedures on state plan submittals for the control of designated
pollutants.
    States have options other than submitting a state plan in order to
fulfill their obligations under CAA sections 111(d). If a state does
not have any existing units for the relevant emission guidelines, a
letter can be submitted certifying that no such units exist within the
state (i.e., a negative declaration) in lieu of a state plan, in
accordance with 40 CFR 60.5010. The negative declaration exempts the
state from the requirements of subpart B that would otherwise require
the submittal of a CAA section 111(d) plan.
    On August 6, 1975, the EPA finalized standards of performance for
new stationary sources from the phosphate fertilizer industry which
included diammonium phosphate fertilizer production plants under the
authority of section 111 of the CAA. As required by the CAA 111(d) and
40 CFR part 60, subpart B, each state must adopt and submit a plan for
the control of pollutants from existing facilities regulated under
section 111(b) New Source Performance Standards following publication
of a notice of availability of an applicable emission control guideline
unless no such facilities exist within the state. If there are no
facilities in the state, the state is required to submit a letter of
certifying that fact.
    In response to these requirements, the State of Missouri submitted
a plan for the control of fluoride emissions from phosphate fertilizer
plants on January 3, 1985. The state plan was based on the state
regulation 10 CSR 10-3.160 ``Restriction of Emissions from Diammonium
Phosphate Fertilizer Plants''. At the time of the submittal there was a
single operating phosphate fertilizer plant in the State located in
Joplin, Missouri. On March 14, 1986, EPA approved the state plan and
associated regulation submitted by the State of Missouri pursuant to
CAA section 111(d) and 40 CFR part 60, subpart B. Subsequent to this
state plan approval, the single phosphate fertilizer plant operating in
Joplin, Missouri ceased fertilizer production and dismantled its
fertilizer production equipment in between the years of 2003 and 2004.
    On December 3, 2018, MoDNR submitted a negative declaration to EPA,
certifying that there are no operating phosphate fertilizer plants in
Missouri, and requested that the EPA rescind its previous state plan
applicable to phosphate fertilizer production facilities. Additionally,
MoDNR notified the EPA that it would rescind its 10 CSR 10-3.160 rule
that controlled emissions of fluoride from diammonium phosphate
fertilizer plants.
    The EPA is proposing to accept MoDNR's negative declaration
submission made on December 3, 2018 and rescind the State's plan and
associated regulation. This action applies to the state's regulatory
requirements for existing facilities and not new sources.

III. What action is the EPA proposing to take?

    The EPA proposes to amend 40 CFR part 62 to reflect receipt of
MoDNR's negative declaration letter certifying that there are no
phosphate fertilizer production facilities operating in Missouri
subject to 40 CFR part 60, subpart V, in accordance with section 111(d)
of the CAA. Simultaneously, we are proposing to amend 40 CFR part 62,
subpart AA, to remove phosphate fertilizer plants from the list of
affected source categories found at 40 CFR 62.6350(c)(1).

IV. Statutory and Executive Orders

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). This proposed action is also not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action merely proposes to approve the
state's negative declaration as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rulemaking will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this proposed action does not impose an enforceable duty upon
State, local, or tribal governments, and does not reduce or eliminate
the amount of authorization of Federal appropriations, and because it
contains no regulatory requirements applicable to small governments,
this proposed action does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This proposed action is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or

on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999). Thus, Executive Order 13132 does not apply to
this action. This action merely proposes to approve a state negative
declaration submitted in response to a Federal standard, and does not
alter the relationship or the distribution of power and
responsibilities established in the CAA. This rulemaking also is not
subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) because it proposes to approve a state submission in response to
a Federal standard.
    This proposed action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Burden is defined at 5 CFR 1320.3(b).

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Reporting and
recordkeeping requirements, phosphate fertilizer plants.

    Dated: December 26, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 62 as set forth below:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
 1. The authority citation for part 62 continues to read as follows:

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

Subpart AA--Missouri

0
2. Amend Sec.  62.6350 by adding paragraph (b)(7) and revising
paragraph (c) to read as follows:

Sec.  62.6350  Identification of plan.

* * * * *
    (b) * * *
    (7) A revision to Missouri's 111(d) plan for control of fluoride
emissions from existing phosphate fertilizer plants was state effective
on September 30, 2018 and was submitted to the EPA on December 3, 2018.
Submission included a negative declaration, dated December 3, 2018,
supporting state documentation, and request for the EPA to withdraw the
EPA's prior plan approval for existing Diammonium Phosphate Fertilizer
Units.
    (c) Designated facilities. The plan applies to existing facilities
in the following categories of sources:
    (1) Primary aluminum reduction plants.
    (2) Sulfuric acid production plants.
0
3. Section 62.6351 is revised to read as follows:

Sec.  62.6351  Identification of plan--negative declaration.

    Letter from the Missouri Department of of Natural Resources,
submitted December 3, 2018, certifying that there are no Diammonium
Phosphate Ferilizer Units subject to 40 CFR part 60, subpart V.
Effective date: The effective date of the negative declaration and EPA
withdrawal of the prior plan approval is [DATE 60 DAYS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register].

[FR Doc. 2019-00782 Filed 1-31-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Rules and Regulations]
[Page 39665]
[FR Doc No: 2017-17707]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0778]

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Indian River, Titusville, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the NASA Railroad Bridge (Jay Jay
Bridge) across the Atlantic Intracoastal Waterway (Indian River), mile
876.6, Titusville, Florida. The deviation is necessary to allow the
bridge owner, National Aeronautics and Space Administration (NASA) to
repair the bridge. Due to the type of repairs this bridge will be
required to remain closed to navigation periodically throughout the
day. This deviation is deemed necessary for the continued safe
operation of the bridge.

DATES: This deviation is effective without actual notice from August
22, 2017 through 4 p.m. on September 26, 2017. For the purposes of
enforcement, actual notice will be used from August 17, 2017 at 8 a.m.
until August 22, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-0778 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email LT Allan Storm, U.S. Coast Guard
Sector Jacksonville, Waterways Management Division; telephone 904-714-
7557, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: NASA requested a temporary deviation from
the operating schedule that governs the NASA Railroad Bridge (Jay Jay
Bridge), Atlantic Intracoastal Waterway (Indian River), mile 876.6,
Titusville, Florida. The bridge is a single leaf bascule railroad
bridge with a seven foot vertical clearance in the closed position. The
normal operating schedule for the bridge is found in 33 CFR 117.261(j).
    The deviation period is from 8 a.m. on August 17, 2017 to 4 p.m. on
September 26, 2017. During this period, the bridge is allowed to remain
closed to navigation from 8 a.m. to noon and from 1 p.m. to 4 p.m.,
Monday through Friday.
    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterways through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so that vessel operators can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: August 17, 2017.
Barry L. Dragon,
Director, Bridge Branch, Seventh Coast Guard District.
[FR Doc. 2017-17707 Filed 8-21-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Proposed Rules]
[Pages 2563-2564]
[FR Doc No: 2023-00669]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2022-0481; FRL-9630-03-OAR]
RIN 2060-AV78

New Source Performance Standards Review for Secondary Lead
Smelters; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of public comment period.

-----------------------------------------------------------------------

SUMMARY: On December 1, 2022, the U.S. Environmental Protection Agency
(EPA) proposed a rule titled ``New Source Performance Standards Review
for Secondary Lead Smelters.'' The EPA is extending the comment period
on this proposed rule that currently closes on January 17, 2023, by 15
days. The comment period will now remain open until February 1, 2023,
to allow additional time for stakeholders and Tribal Nations to review
and comment on the proposal.

DATES: The public comment period for the proposed rule published in the
Federal Register (FR) on December 1, 2022 (87 FR 73708), originally
ending January 17, 2023, is being extended by 15 days. Written comments
must be received on or before February 1, 2023.

ADDRESSES: Submit comments, identified by Docket ID No. EPA-HQ-OAR-
2022-0481, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2022-0481 in the subject line of the message.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2022-0481.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2022-0481, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of operation
are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal holidays).
    Instructions. All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions about this action,
contact Tonisha Dawson, Metals and Inorganic Chemicals Group, Sector
Policies and Programs Division (D243-02), Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-1454 fax number:<PHONE_NUMBER> email address:
[email protected].

SUPPLEMENTARY INFORMATION:
    Rationale. Based on consideration of a request letter received from
an industry representative (Association of Battery Recyclers, Inc.),
which is available in the docket for this proposed rule, the EPA is
extending the public comment period for an additional 15 days.
Therefore, the public comment period will end on February 1, 2023.
    Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2022-0481. All documents in the docket are
listed in https://www.regulations.gov/. Although listed, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy. With the exception of such material, publicly available docket
materials are available electronically in Regulations.gov.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2022-0481. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov/, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit electronically to https://www.regulations.gov/
any information that you consider to be CBI or other information whose
disclosure is restricted by statute. This type of information should be
submitted as discussed below.
    The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov/, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment.

Electronic files should not include special characters or any form of
encryption and be free of any defects or viruses. For additional
information about the EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov/. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information on any
digital storage media that you mail to the EPA, note the docket ID,
mark the outside of the digital storage media as CBI, and identify
electronically within the digital storage media the specific
information that is claimed as CBI. In addition to one complete version
of the comments that includes information claimed as CBI, you must
submit a copy of the comments that does not contain the information
claimed as CBI directly to the public docket through the procedures
outlined in Instructions above. If you submit any digital storage media
that does not contain CBI, mark the outside of the digital storage
media clearly that it does not contain CBI and note the docket ID.
Information not marked as CBI will be included in the public docket and
the EPA's electronic public docket without prior notice. Information
marked as CBI will not be disclosed except in accordance with
procedures set forth in 40 Code of Federal Regulations (CFR) part 2.
    Our preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol (FTP),
or other online file sharing services (e.g., Dropbox, OneDrive, Google
Drive). Electronic submissions must be transmitted directly to the
OAQPS CBI Office at the email address [email protected], and as
described above, should include clear CBI markings and note the docket
ID. If assistance is needed with submitting large electronic files that
exceed the file size limit for email attachments, and if you do not
have your own file sharing service, please email [email protected] to
request a file transfer link. If sending CBI information through the
postal service, please send it to the following address: OAQPS Document
Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711, Attention Docket ID No.
EPA-HQ-OAR-2022-0481. The mailed CBI material should be double wrapped
and clearly marked. Any CBI markings should not show through the outer
envelope.

Penny Lassiter,
Director, Sector Policy and Programs Division.
[FR Doc. 2023-00669 Filed 1-13-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Page 43304]
[FR Doc No: 2021-16801]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[FAA-2021-0012]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Reduced
Vertical Separation Minimum

AGENCY: Federal Aviation Administration (FAA), Transportation (DOT).

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew information collection.
The Federal Register Notice with a 60-day comment period soliciting
comments on the following collection of information was published on
January 15, 2021. Aircraft Operators seeking specific operational
approval to conduct Reduced Vertical Separation Minimum (RVSM)
operations must submit application to the FAA for RVSM specific
approval. Specific approval is required when aircraft operators intend
to operate outside the United States (U.S.) or their aircraft are not
equipped with Automatic Dependent Surveillance--Broadcast (ADS-B) Out.

DATES: Written comments should be submitted by September 7, 2021.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Madison Walton, (FAA), Flight
Technologies and Procedures Division by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information.
    OMB Control Number: 2120-0679.
    Title: Reduced Vertical Separation Minimum.
    Form Numbers: N/A.
    Type of Review: Renewal.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on January 15, 2021 (86 FR 4172). The authority to
collect data from aircraft operators seeking operational approval to
conduct Reduced Vertical Separation Minimum (RVSM) operations is
contained in Part 91, Section 91.180, as established by a final rule
published in the Federal Register on October 27, 2003 (68 FR 61304) and
in Part 91, Section 91.706, as established by a final rule published
April 9, 1997 (62 FR 17487, Apr 9, 1997). Aircraft operators seeking
specific operational approval to conduct RVSM operations outside the
U.S. must submit their application to the responsible Flight Standards
office. The responsible Flight Standards office registers RVSM approved
airframes in the FAA RVSM Approvals Database to track the approval
status for operator airframes. Application information includes
evidence of aircraft equipment and RVSM qualification information along
with operational training and program elements.
    Respondents: Operators are required to submit application for RVSM
specific approval if they desire to operate in RVSM airspace outside
the U.S. or if they do not meet the provisions of Title 14 of the Code
of Federal Regulations (14 CFR), Part 91, Appendix G, Section 9--
Aircraft Equipped with Automatic Dependent Surveillance--Broadcast Out.
The FAA estimates processing 856 initial applications annually and
1,998 annual updates to existing approvals.
    Frequency: An Operator must make application for initial specific
approval to operate in RVSM airspace, or whenever requesting an update
to an existing approval.
    Estimated Average Burden per Response: 4.00 hours for updates to
existing applications and 6.8 hours for application of initial
approvals.
    Estimated Total Annual Burden: 13,813 hours [(1,998 x 4.00) + (856
x 6.8)]

    Issued in District of Columbia, on August 03, 2021.
Herbert Madison Walton, Jr.,
Aviation Safety Inspector, FAA Flight Technologies & Procedures
Division.
[FR Doc. 2021-16801 Filed 8-5-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62567-62571]
[FR Doc No: 2023-19116]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11012-01-OAR]

Official Release of the MOVES4 Motor Vehicle Emissions Model for
SIPs and Transportation Conformity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is announcing the
availability of the latest MOtor Vehicle Emission Simulator model major
release (MOVES4) for official purposes outside of California. MOVES4 is
the latest version of EPA's state-of-the science modeling tool for
estimating emissions from cars, trucks, buses, and motorcycles based on
the latest data and regulations. MOVES4 is available for use in state
implementation plans (SIPs) and transportation conformity analyses
outside of California. This notice starts a two-year grace period
before MOVES4 will need to be used as the latest EPA emissions model
for transportation conformity determinations outside of California,
both in new regional emissions analyses and in new hot-spot analyses.

DATES: EPA's announcement of the MOVES4 emissions model for SIPs and
transportation conformity analyses in states other than California is
effective September 12, 2023. This announcement starts a two-year
transportation conformity grace period that ends on September 12, 2025.
After this date, MOVES4 will need to be used as the latest EPA
emissions model for new transportation conformity analyses outside of
California in both regional emissions analyses and in hot-spot
analysis.

FOR FURTHER INFORMATION CONTACT: For technical model questions
regarding the official release or use of MOVES4, please email EPA at
[email protected]. For questions about SIPs, contact Rudy Kapichak at
[email protected]. For transportation conformity questions,
contact Aaron Letterly at [email protected].

SUPPLEMENTARY INFORMATION: The contents of this notice are as follows:

I. General Information
II. What is MOVES4?
III. SIPs and MOVES4
IV. Transportation Conformity and MOVES4

I. General Information

A. Does this action apply to me?

    Entities potentially impacted by the approval of MOVES4 are those
that adopt, approve, or fund transportation plans, transportation
improvement programs (TIPs), or projects as defined in 40 CFR 93.101
under title 23 U.S.C. or title 49 U.S.C. chapter 53 and those that
develop and submit SIPs to EPA. Regulated categories and entities
affected by today's action include:

------------------------------------------------------------------------
           Category                  Examples of regulated entities
------------------------------------------------------------------------
Local government.............  Local air quality and transportation
                                agencies, including metropolitan
                                planning organizations (MPOs).
State government.............  State air quality and transportation
                                agencies.

Federal government...........  Department of Transportation (Federal
                                Highway Administration (FHWA) and
                                Federal Transit Administration (FTA)).
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by the
release of MOVES. Other entities not listed in the table could also be
affected. To determine whether your organization is affected by this
action, you should carefully examine the transportation conformity
applicability requirements in 40 CFR 93.102. If you have questions
regarding the applicability of this action to a particular entity,
consult the persons listed in the preceding FOR FURTHER INFORMATION
CONTACT section.

B. How can I get copies of MOVES4 and other related information?

    The official version of the MOVES4 model and supporting
documentation are available on EPA's MOVES website: www.epa.gov/moves.
Individuals who want to receive EPA announcements related to the MOVES4
model can subscribe to the EPA-MOBILENEWS email listserv, which can be
done at EPA's website at: www.epa.gov/moves/forms/epa-mobilenews-listserv.
    Available guidance on how to apply MOVES4 for SIPs and
transportation conformity purposes can be found on EPA's transportation
conformity website, www.epa.gov/state-and-local-transportation/policy-and-technical-guidance-state-and-local-transportation,\1\ including
``MOVES4 Policy Guidance: Use of MOVES for State Implementation Plan
Development, Transportation Conformity, General Conformity, and Other
Purposes.'' (420-B-23-009, August 2023).
---------------------------------------------------------------------------

    \1\ Interested parties can find these documents under the
``Emission Models and Conformity'' and ``Project-Level Conformity''
topics on this website.
---------------------------------------------------------------------------

    EPA will continue to update these websites as other MOVES support
materials and guidance are developed or updated.

II. What is MOVES4?

    MOVES4 is EPA's latest motor vehicle emissions model for state and
local agencies to estimate volatile organic compounds (VOCs), nitrogen
oxides (NOX), particulate matter (PM2.5 and
PM10), carbon monoxide (CO), and other pollutants and
precursors from cars, trucks, buses, and motorcycles for SIP purposes
and conformity determinations outside of California.\2\ The model is
based on analyses of millions of emission test results and considerable
advances in the Agency's understanding of vehicle emissions. MOVES4 is
a major revision to the MOVES series of models. This model is the
fourth major MOVES release--the first three were MOVES2010, MOVES2014,
and MOVES3.\3\
---------------------------------------------------------------------------

    \2\ MOVES can also model emissions in the District of Columbia,
Puerto Rico, and the U.S. Virgin Islands. Nonattainment and
maintenance areas located in California use the latest approved
version of the Emission FACtor (EMFAC) model.
    \3\ For more information, see EPA's MOVES Versions in Limited
Current Use website.
---------------------------------------------------------------------------

    MOVES4 includes new regulations, features, and significant new
data, as detailed in the MOVES4 technical reports. Notably, MOVES4
incorporates:
     The emission impacts of the EPA heavy-duty low
NOX rule for model years 2027 and later \4\ and the light-
duty greenhouse gas rule for model years 2023 and later.\5\
---------------------------------------------------------------------------

    \4\ 88 FR 4296, January 24, 2023.
    \5\ 86 FR, December 30, 2021.
---------------------------------------------------------------------------

     The ability to model heavy-duty battery-electric and fuel-
cell vehicles, as well as CNG long-haul combination trucks.
     Improved modeling of light-duty electric vehicles.
     New tools to make the model easier to use and updates for
compatibility with newer software.
     Updated data and forecasts on vehicle populations
(including electric vehicle fractions), travel activity, and emission
rates, as well as updated fuel supply information at the county level.
     The latest data on ammonia emission rates for light-duty
and heavy-duty vehicles.
     A number of limited-impact updates to specific emissions
rates and adjustments.
    Like its predecessors, MOVES4 includes the capability to estimate
vehicle exhaust and evaporative emissions as well as brake wear and
tire wear emissions for criteria pollutants and precursors. However,
like previous versions, MOVES4 does not include the capability to
estimate emissions of re-entrained road dust. To estimate emissions
from re-entrained road dust, practitioners should continue to use the
latest approved methodologies.\6\
---------------------------------------------------------------------------

    \6\ See EPA's notice of availability, ``Official Release of the
January 2011 AP-42 Method for Estimating Re-Entrained Road Dust from
Paved Roads,'' published in the Federal Register on February 4, 2011
(76 FR 6328).
---------------------------------------------------------------------------

    The structure of MOVES4 is fundamentally the same as MOVES3,
although there are new format options for some inputs, and the model
run time may differ depending on the type of run and user inputs and
computer configuration. As for emissions, EPA performed a comparison of
MOVES4 to MOVES3 using default information in MOVES4 at the national
level, and for three sample urban counties with different local travel
patterns and ambient conditions. In general, compared to MOVES3, MOVES4
will produce notable decreases in NOX for future years due
to the emissions reductions of new regulations and small decreases in
most other pollutants. However, ammonia emissions increase
significantly because real-world emission measurements show ammonia
emissions from both gasoline and diesel vehicles are much higher than
MOVES3 predicted. Similarly, nitrous oxide (N2O) emissions
have increased due to new data for heavy-duty diesel vehicles. Note
that results will vary based on the pollutant selected and that area's
local inputs.

III. SIPs and MOVES4

    EPA has articulated its policy regarding the use of MOVES4 in SIP
development in its ``MOVES4 Policy Guidance: Use of MOVES for State
Implementation Plan Development, Transportation Conformity, General
Conformity, and Other Purposes'' (EPA-420-B-23-009, August 2023).
Today's notice highlights certain aspects of the guidance, but state
and local governments should refer to the guidance for more detailed
information on how and when to use MOVES4 in reasonable further
progress SIPs, attainment demonstrations, maintenance plans, inventory
updates, and other SIP submissions.
    MOVES4 should be used in ozone, CO, PM, and nitrogen dioxide
(NO2) SIP development as expeditiously as possible, as there
is no grace period for the use of MOVES4 in SIPs. The Clean Air Act
requires that SIP inventories and control measures be based on the most
current information and applicable models that are available when a SIP
is developed.\7\ However, EPA also

recognizes the time and level of effort that certain states may have
already undertaken in SIP development using a version of MOVES3. States
should consult with their EPA Regional Office if they have questions
about how MOVES4 affects SIPs under development in specific
nonattainment or maintenance areas. Early consultation can facilitate
EPA's adequacy finding for SIP motor vehicle emissions budgets for
transportation conformity purposes or EPA's SIP approval.
---------------------------------------------------------------------------

    \7\ See Clean Air Act section 172(c)(3). Also see the discussion
of emissions inventory requirements in the ``Fine Particulate Matter
National Ambient Air Quality Standards: State Implementation Plan
Requirements'' rule (81 FR 58029, August 24, 2016) and in the
``Implementation of the 2015 National Ambient Air Quality Standards
for Ozone: Nonattainment Area State Implementation Plan
Requirements'' rule (83 FR 63022, December 6, 2018).
---------------------------------------------------------------------------

    States should use the latest version of MOVES that is available at
the time that a SIP is developed. All states other than California
should use MOVES4 for SIPs that will be submitted in the future so that
they are based on the most accurate estimates of emissions possible.
However, state and local agencies that have already completed
significant work on a SIP with a version of MOVES3 (e.g., attainment
modeling has already been completed with MOVES3) may continue to rely
on this earlier version of MOVES. It would be unreasonable to require
the states to revise these SIPs with MOVES4 since significant work has
already occurred based on the latest information available at the time
the SIP was developed, and EPA intends to act on these SIPs in a timely
manner.
    The Clean Air Act does not require states that have already
submitted SIPs or will submit SIPs shortly after the release of a new
model to revise these SIPs simply because a new motor vehicle emissions
model is now available.\8\ States can choose to use MOVES4 in these
SIPs, for example, if it is determined that it is appropriate to update
motor vehicle emissions budgets (``budgets'') with the model for future
conformity determinations. However, as stated above, states should use
MOVES4 where SIP development is in its initial stages or has not
progressed far enough along that switching from a previous model
version would create a significant adverse impact on state resources.
---------------------------------------------------------------------------

    \8\ Sierra Club v. EPA, 356 F.3d. 296, 308 (D.C. Cir. 2004)
(``To require states to revise completed plans every time a new
model is announced would lead to significant costs and potentially
endless delays in the approval processes.'')
---------------------------------------------------------------------------

    Incorporating MOVES4 into the SIP now could assist areas in
mitigating possible transportation conformity difficulties in the
future after the MOVES4 conformity grace period ends. New regional
emissions analyses using EPA's emissions model that are started after
the grace period is over must be based on MOVES4 (40 CFR 93.111), so
having MOVES4-based SIP budgets in place at that time could provide
more consistency with transportation conformity determinations.

IV. Transportation Conformity and MOVES4

    In today's notice, EPA is announcing the availability of MOVES4 for
use in transportation conformity analyses outside of California. EPA is
also establishing a two-year grace period before MOVES4 will need to be
used in regional emissions analysis for transportation conformity
determinations and in hot-spot analyses for project-level
transportation conformity determinations which use EPA's emissions
model. The MOVES4 grace period for regional emissions and hot-spot
analyses applies to the use of MOVES4 and any future minor revisions
that occur during the grace period.
    Transportation conformity is a Clean Air Act requirement to ensure
that federally supported highway and transit activities are consistent
with (``conform to'') the SIP. Conformity to a SIP means that a
transportation activity will not cause or contribute to new air quality
violations; worsen existing violations; or delay timely attainment of
national ambient air quality standards or any interim milestones.
Transportation conformity applies in nonattainment and maintenance
areas for transportation-related pollutants: ozone, CO,
PM2.5, PM10 and NO2. EPA's
transportation conformity regulations (40 CFR parts 51.390 and 93
subpart A) describe how federally funded and approved highway and
transit projects meet these statutory requirements.
    The remainder of this section describes how the transportation
conformity grace period was determined and summarizes how it will be
implemented, including those circumstances when the grace period could
be shorter than two years for regional emissions analyses. However, for
complete explanations of how MOVES4 is to be implemented for
transportation conformity, including details about using MOVES4 during
the grace period, refer to ``MOVES4 Policy Guidance: Use of MOVES for
State Implementation Plan Development, Transportation Conformity,
General Conformity, and Other Purposes.'' (EPA-420-B-23-009).

A. Why is EPA establishing a two-year conformity grace period?

    Section 176(c)(1) of the Clean Air Act states that ``. . .[t]he
determination of conformity shall be based on the most recent estimates
of emissions, and such estimates shall be determined from the most
recent population, employment, travel, and congestion estimates. . .''.
Additionally, the transportation conformity rule (40 CFR 93.111)
requires conformity analyses to be based on ``the latest emissions
estimation model available,'' and further states that this requirement
is satisfied if the most current version of EPA's motor vehicle
emissions model is used. When EPA announces a new emissions model, such
as MOVES4, we establish a grace period before the model needs to be
used for transportation conformity purposes (40 CFR 93.111(b)). In
consultation with DOT, EPA must consider the degree of change in the
emissions model and the effects of the new model on the transportation
planning process (40 CFR 93.111(b)(2)). The transportation conformity
rule provides that EPA will establish a grace period for new emissions
models of between three and 24 months (40 CFR 93.111(b)(1)).
    EPA articulated its intentions for establishing the length of a
conformity grace period in the preamble to the 1993 transportation
conformity rule (November 24, 1993; 58 FR 62211):
    ``EPA and DOT [the Department of Transportation] will consider
extending the grace period if the effects of the new emissions model
are so significant that previous SIP demonstrations of what emission
levels are consistent with attainment would be substantially affected.
In such cases, States should have an opportunity to revise their SIPs
before MPOs must use the model's new emissions factors.''
    In consultation with DOT, EPA considered the degree of change in
MOVES4 and the effects of the new model on the transportation planning
process (40 CFR 93.111(b)(2)). EPA considered the time it will take
state and local transportation and air quality agencies to conduct and
provide technical support for analyses. State and local agencies will
need to become familiar with the MOVES4 emissions model and may need to
convert existing data for use in MOVES4. Since 1993, the fundamental
purpose of section 93.111(b) of the transportation conformity rule has
been to provide a sufficient amount of time for MPOs and other state
and local agencies to learn and employ new emissions models. The
transition to a new emissions model for conformity involves more than
learning to use the new model and preparing input data and model
output. After model start-up is complete, state and local agencies also
need to consider how the model affects regional emissions analysis
results and whether SIP and/or transportation plan/TIP changes are

necessary to assure future conformity determinations.
    The two-year conformity grace period also provides sufficient time
for state and local agencies to learn and apply new technical guidance
and training that reflect MOVES4. EPA is working to update guidance
documents and training materials as quickly as possible. EPA will
notify MOVES4 users when these important materials are available.
Training materials will address different levels of state and local
expertise.
    In addition, many agencies will be implementing the transition to
MOVES4 for PM and CO hot-spot analyses for applicable projects in those
nonattainment and maintenance areas, with each analysis potentially
involving multiple state and local agencies. States with CO hot-spot
protocols that were previously approved into the SIP (40 CFR
93.123(a)(1)) that are based on a previous model will need time to
revise them. Additional time is necessary to revise previously approved
CO hot-spot protocols, and the SIP revision process and state
requirements can vary. Finally, EPA considered the general time and
monetary resource constraints in which state and local agencies
currently operate. Upon considerations of all these factors, EPA is
establishing a two-year grace period, which begins today and ends on
September 12, 2025, before MOVES4 needs to be used for new
transportation conformity analyses outside of California.

B. Circumstances When Grace Period Will Be Shorter Than Two Years

    The grace period for regional emissions analyses will be shorter
than two years for a given pollutant if an area revises its SIP and
motor vehicle emissions budgets with MOVES4 and such budgets have been
found adequate or approved into the SIP prior to the end of the two-
year grace period. In this case, the new regional emissions analysis
must use MOVES4 if the conformity determination is based on a MOVES4-
based budget (40 CFR 93.111).
    Areas that are designated nonattainment or maintenance for multiple
pollutants may rely on both MOVES4 and MOVES3 to determine conformity
for different pollutants during the grace period. For example, if an
area revises a previously submitted (but not approved) MOVES3-based
PM10 SIP with MOVES4 and EPA finds these revised MOVES4
budgets adequate for conformity, such budgets would apply for
conformity on the effective date of the Federal Register notice
announcing EPA's adequacy finding. In this example, if the area is
nonattainment for PM10 and ozone, the MOVES4 grace period
would end for PM10 regional emissions analyses once EPA
found the new MOVES4-based SIP budgets adequate. However, MOVES3 could
continue to be used for ozone-related regional emissions analyses begun
before the end of the MOVES4 grace period.\9\ In addition, the length
of the grace period for hot-spot analyses would not be affected by an
early submission of MOVES4-based budgets. In this example, the two-year
grace period for PM10 hot-spot analyses would continue to
apply even if the grace period is shortened for regional
PM10 conformity analyses. EPA Regional Offices should be
consulted for questions regarding such situations in multi-pollutant
areas.
---------------------------------------------------------------------------

    \9\ In this example, such an area would use MOVES4 to develop a
regional emissions analysis for PM10 for comparison to
the revised MOVES4-based budgets (e.g., PM10 budgets).
The regional emissions analysis for ozone could be based on MOVES3
for the VOC and NOX budgets in the ozone SIP for the
remainder of the conformity grace period.
---------------------------------------------------------------------------

    In addition, in most cases, if the state revises previously
approved budgets based on an earlier EPA emissions model, the revised
MOVES4 budgets could not be used for conformity purposes until EPA
approves them, i.e., approves the SIP revision. In general, submitted
SIPs cannot supersede approved budgets until the submitted SIP is
approved. See 40 CFR 93.118(e)(1).
    However, 40 CFR 93.118(e)(1) allows an approved budget to be
replaced by an adequate budget if EPA's approval of the initial budgets
specifies that the budgets being approved may be replaced in the future
by new adequate budgets. This flexibility has been used in limited
situations in the past. In such cases, the MOVES4-based budgets would
be used for conformity purposes once they have been found adequate, if
requested by the state in its SIP submission and specified in EPA's SIP
approval. States should consult with their EPA Regional Office to
determine if this flexibility applies to their situation.

C. Use of MOVES4 for Regional Emissions Analyses During the Grace
Period

    During the conformity grace period, areas should use interagency
consultation to examine how MOVES4 will impact their future
transportation plan and TIP conformity determinations, including
regional emissions analyses. Isolated rural areas should also consider
how future regional emissions analyses will be affected when the MOVES4
grace period ends. Areas should carefully consider whether the SIP and
budgets should be revised with MOVES4 or if transportation plans and
TIPs should be revised before the end of the conformity grace period,
since doing so may be necessary to ensure conformity in the future.
    Finally, the transportation conformity rule provides flexibility
for completing conformity determinations based on regional emissions
analyses that use MOVES3 that are started before the end of the grace
period. Regional emissions analyses that are started during the grace
period can use either MOVES3 or MOVES4. The interagency consultation
process should be used if it is unclear if a MOVES3-based analysis was
begun before the end of the grace period. If there are questions about
which model should be used in a conformity determination, the EPA
Regional Office can be consulted.
    When the grace period ends on September 12, 2025, MOVES4 will
become the only EPA motor vehicle emissions model for regional
emissions analyses for transportation conformity in states other than
California. In general, this means that all new transportation plan and
TIP conformity determinations started after the end of the grace period
must be based on MOVES4, even if the SIP is based on MOVES3 or an older
version of the MOVES model.

D. Use of MOVES4 for Project-Level Hot-Spot Analyses During the
Conformity Grace Period

    The MOVES4 grace period also applies to the use of MOVES4 for CO,
PM10 and PM2.5 hot-spot analyses. Sections 93.116
and 93.123 of the transportation conformity regulation contain the
requirements for when a hot-spot analysis is required for project-level
conformity determinations.\10\ The transportation conformity rule
provides flexibility for analyses that are started before the end of
the grace period. A conformity determination for a transportation
project may be based on a previous model if the analysis was begun
before or during the grace period, and if the final environmental
document for the project is issued no more than three years after the
issuance of the draft environmental document (40 CFR 93.111(c)).
Interagency consultation should be used if it is unclear if a

previous analysis was begun before the end of the grace period. For CO,
PM10 and PM2.5 hot-spot analyses that start
during the grace period, project sponsors can choose to use MOVES3 or
MOVES4.
---------------------------------------------------------------------------

    \10\ In CO nonattainment and maintenance areas, a hot-spot
analysis is required for all non-exempt projects, with quantitative
hot-spot analyses being required for larger, congested intersections
and other projects (40 CFR 93.123(a)(1)). In addition, in
PM2.5 and PM10 nonattainment and maintenance
areas, the transportation conformity regulation requires that a
quantitative hot-spot analysis be completed for certain projects
(see 40 CFR 93.123(b)(1)).
---------------------------------------------------------------------------

    EPA encourages sponsors to use the consultation process to
determine which option may be most appropriate for a given situation.
Any new CO, PM10 or PM2.5 hot-spot analyses for
conformity purposes begun after the end of the grace period must be
based on MOVES4. EPA has guidance on how to conduct quantitative
PM2.5 and PM10 hot-spot modeling for
transportation conformity purposes, and on how to use MOVES for a CO
hot-spot analysis. Until EPA updates these guidance documents, the
MOVES3-based guidance still generally applies for MOVES4. See EPA's
``Project-level Conformity'' website, www.epa.gov/state-and-local-transportation/project-level-conformity-and-hot-spot-analyses, for the
latest information and guidance documents on how to conduct CO,
PM10 and PM2.5 hot-spot modeling for
transportation conformity purposes.
    Any new, quantitative CO, PM10 or PM2.5 hot-
spot analysis for conformity purposes begun after the end of the grace
period using EPA's emissions model must use MOVES4. The interagency
consultation process should be used if it is unclear whether these
conditions are met. For questions about which model should be used in a
project-level conformity determination, consult with your EPA Regional
Office.

E. FHWA's CO Categorical Hot-Spot Finding

    FHWA released the most recent CO categorical hot-spot finding for
intersection projects on January 31, 2023, that was based on
MOVES3.\11\ During the MOVES4 grace period, a project sponsor outside
of California may continue to rely on the categorical finding for
applicable projects that are determined through interagency
consultation to be covered by the finding's parameters. However, new CO
hot-spot analyses for conformity purposes begun after the end of the
MOVES4 grace period would not be able to rely on the MOVES3-based
January 2023 CO categorical hot-spot finding.
---------------------------------------------------------------------------

    \11\ See www.epa.gov/state-and-local-transportation/project-level-conformity-and-hot-spot-analyses#cohotspot.
---------------------------------------------------------------------------

F. CO Hot-Spot Protocols That Were Previously Approved Into the SIP

    Section 93.123(a)(1) of the transportation conformity regulation
allows areas to develop alternate procedures for determining localized
CO hot-spot analyses, when developed through interagency consultation
and approved by the EPA Regional Administrator. Some states have chosen
in the past to develop such procedures based on previous EPA emissions
models.
    During the MOVES4 grace period, areas with previously approved CO
hot-spot protocols based on MOVES3 may continue to rely on these
protocols. Once the MOVES4 two-year grace period ends, new CO hot-spot
analyses for conformity purposes will need to be based on MOVES4.
Previously approved SIP CO hot-spot protocols that are based on
emissions models prior to MOVES3 can no longer be used for
transportation conformity purposes.

Karl Simon,
Director, Transportation and Climate Division, Office of Transportation
and Air Quality.
[FR Doc. 2023-19116 Filed 9-11-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Proposed Rules]
[Pages 35369-35370]
[FR Doc No: 2011-15023]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0496; Airspace Docket No. 11-AWP-6]

Proposed Establishment of Class D and Amendment of Class E
Airspace; Los Angeles, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to establish Class D airspace at Los
Angeles International Airport, Los Angeles, CA. Controlled airspace is
necessary to contain potential missed approaches at Los Angeles
International Airport. The FAA is proposing this action to enhance the
safety and management of aircraft operations at the airport. This
action also would edit Class E airspace by adding the geographic
coordinates and the airport name to the airspace designation.

DATES: Comments must be received on or August 1, 2011.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2011-
0496; Airspace Docket No. 11-AWP-6, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2011-0496 and Airspace Docket No. 11-AWP-6) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2011-0496 and Airspace Docket No. 11-AWP-6''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class D airspace at Los
Angeles International Airport, Los Angeles, CA for containment of
potential missed approaches at Los Angeles International Airport. This
action is based on the results of a study conducted by the Los Angeles
VFR Task Force, and the Los Angeles Class B Workgroup. This action
would further enhance the safety and management of aircraft operations
at the airport. This action also would edit Class E airspace extending
upward from 700 feet above the surface by adding ``Los Angeles
International Airport, CA'' and ``lat. 33[deg]56'33'' N., long.
118[deg]24'26'' W.'' to the airspace designation.
    Class D and Class E airspace designations are published in
paragraph 5000 and 6005, respectively, of FAA Order 7400.9U, dated
August 18, 2010, and effective September 15, 2010, which is
incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of

airspace. This regulation is within the scope of that authority as it
establishes additional controlled airspace at Los Angeles International
Airport, Los Angeles, CA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and effective September 15,
2010 is amended as follows:

Paragraph 5000 Class D airspace.

* * * * *

AWP CA D Los Angeles, CA [New]

Los Angeles International Airport, CA
    (Lat. 33[deg]56'33'' N., long. 118[deg]24'26'' W.)
Santa Monica Municipal Airport, CA
    (Lat. 34[deg]00'57'' N., long. 118[deg]27'05'' W.)

    That airspace extending upward from the surface to and including
2,700 feet MSL bounded by a line beginning at lat. 33[deg]57'42''
N., long. 118[deg]27'23'' W.; to lat. 33[deg]58'18'' N., long.
118[deg]26'24'' W.; then via the 2.7-mile radius of the Santa Monica
Municipal Airport counterclockwise to lat. 34[deg]00'00'' N., long.
118[deg]24'02'' W.; to lat. 34[deg]00'00'' N., long. 118[deg]22'58''
W.; to lat. 33[deg]57'42'' N., long. 118[deg]22'10'' W., thence to
the point of beginning. That airspace extending upward from the
surface to and including 2,500 feet MSL bounded by a line beginning
at lat. 33[deg]55'50'' N., long. 118[deg]22'06'' W.; to lat.
33[deg]54'16'' N., long. 118[deg]24'17'' W.; to lat. 33[deg]52'47''
N., long. 118[deg]26'22'' W.; to lat. 33[deg]55'51'' N., long.
118[deg]26'05'' W., thence to the point of beginning. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/
Facility Directory.

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the Earth.

* * * * *

AWP CA E5 Los Angeles, CA [Amended]

Los Angeles International Airport, CA
    (Lat. 33[deg]56'33'' N., long. 118[deg]24'26'' W.)

    That airspace extending upward from 700 feet above the surface
bounded by a line beginning at lat. 34[deg]05'00'' N., long.
118[deg]33'03'' W.; to lat. 34[deg]05'00'' N., long. 118[deg]15'03''
W.; to lat. 34[deg]00'00'' N., long. 118[deg]15'03'' W.; to lat.
34[deg]00'00'' N., long. 118[deg]07'03'' W.; to lat. 33[deg]56'00''
N., long. 118[deg]07'03'' W.; to lat. 33[deg]56'00'' N., long.
117[deg]53'03'' W.; to lat. 33[deg]46'00'' N., long. 117[deg]45'03''
W.; to lat. 33[deg]39'00'' N., long. 117[deg]30'03'' W.; to lat.
33[deg]30'00'' N., long. 117[deg]30'03'' W.; to lat. 33[deg]30'00''
N., long. 117[deg]45'03'' W.; to lat. 33[deg]42'00'' N., long.
118[deg]09'03'' W.; to lat. 33[deg]42'00'' N., long. 118[deg]26'03''
W.; to lat. 33[deg]48'00'' N., long. 118[deg]26'03'' W.; to lat.
33[deg]53'00'' N., long. 118[deg]33'03'' W., thence to the point of
beginning. That airspace extending upward from 1,200 feet above the
surface bounded by a line beginning at lat. 34[deg]00'00'' N., long.
119[deg]05'03'' W.; to lat. 34[deg]00'00'' N., long. 118[deg]33'03''
W.; to lat. 34[deg]05'00'' N., long. 118[deg]33'03'' W.; to lat.
34[deg]05'00'' N., long. 117[deg]59'03'' W.; to lat. 33[deg]56'00''
N., long. 117[deg]59'03'' W.; to lat. 33[deg]56'00'' N., long.
117[deg]53'03'' W.; to lat. 33[deg]46'00'' N., long. 117[deg]45'03''
W.; to lat. 33[deg]39'00'' N., long. 117[deg]30'03'' W.; to lat.
33[deg]30'00'' N., long. 117[deg]30'03'' W.; to lat. 33[deg]30'00''
N., long. 118[deg]34'03'' W.; to lat. 33[deg]28'30'' N., long.
118[deg]34'03'' W.; to lat. 33[deg]28'30'' N., long. 119[deg]07'03''
W.; to lat. 33[deg]52'03'' N., long. 119[deg]07'02'' W., thence to
the point of beginning.

    Issued in Seattle, Washington, on June 8, 2011.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-15023 Filed 6-16-11; 8:45 am]
BILLING CODE 4910-13-P