[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Proposed Rules]
[Pages 21424-21429]
[FR Doc No: 2014-08500]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0241; FRL-9909-49-Region 8]

Partial Approval and Partial Disapproval and Promulgation of Air
Quality Implementation Plans; South Dakota; Revisions to South Dakota
Administrative Code; Permit: New and Modified Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially approve and partially disapprove State Implementation Plan
(SIP) revisions submitted by the State of South Dakota on June 14,
2010, June 20, 2011, and July 29, 2013. All three SIP revisions revise
the Administrative Rules of South Dakota (ARSD) that pertain to the
issuance of South Dakota air quality permits; in addition the June 14,
2010 submittal revises certain definitions and dates of incorporation
by reference. The June 14, 2010 revisions contain new, amended and
renumbered rules; the June 20, 2011 revisions contain new rules, and
the July 29, 2013 revisions contain amended rules. In this proposed
rulemaking, we are taking action on the entire June 14, 2010 submittal,
except for those portions of the submittal which do not belong in the
SIP. We are also taking action on portions of the June 20, 2011
submittal that were not acted on in other rulemaking regarding
greenhouse gases and the State's Prevention of Significant
Deterioration (PSD) program. We are taking action on portions of the
July 29, 2013 submittal that supersede portions of the two previous
submittals; the remainder of the July 29, 2013 submittal will be acted
on at a later date. This action is being taken under section 110 of the
Clean Air Act (CAA).

DATES: Comments must be received on or before May 16, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2014-0241, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Carl Daly, Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
     Hand Delivery: Carl Daly, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding
federal holidays. Special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2014-0241. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means 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 EPA, without going through 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, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional
instructions on submitting comments, go to section I. General
Information of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly

available only in hard copy. Publicly-available docket materials are
available either electronically in www.regulations.gov or in hard copy
at the Air Program, Environmental Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado 80202-1129. EPA requests that if
at all possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129,<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
III. What action is EPA taking?
IV. What authorities apply to EPA's proposed action?
V. Summary
VI. Statutory and Executive Orders Review

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The initials ARSD mean or refer to the Administrative Rules of
South Dakota.
    (iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iv) The initials NAAQS mean or refer to National Ambient Air
Quality Standard.
    (v) The initials NESHAP mean or refer to National Emission
Standards for Hazardous Air Pollutant.
    (vi) The initials NSPS mean or refer to New Source Performance
Standard.
    (vii) The initials NSR mean or refer to New Source Review.
    (viii) The initials PSD mean or refer to prevention of significant
deterioration.
    (ix) The initials SIP mean or refer to State Implementation Plan.
    (x) The words State or South Dakota mean the State of South Dakota,
unless the context indicates otherwise.

 I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline
identified.

II. Background

    South Dakota's June 14, 2010, submittal consists of four groups of
rule changes: (1) Revisions to the definitions associated with the Air
Pollution Control Program to ensure the definitions are current and
consistent with other chapters in the regulations. These revisions
include: grammatical changes, renumbering, modified definitions, new
definitions and deleted definitions; (2) Revisions to the date of
federal regulations referenced throughout ARSD Article 74:36; (3)
Addition of a construction permit program for new minor sources and
minor modifications to existing sources, created by adding new Chapter
74:36:20 (Construction Permits for New Sources or Modifications); and
(4) Revisions to the minor source operating permit programs to
incorporate the changes associated with the new proposed construction
permit program.\1\
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    \1\ Under a proposed consent decree, by May 30, 2014, EPA is
required to sign a notice of final action to approve, disapprove,
approve in part and disapprove in part, or conditionally approve
this June 14, 2010 SIP submittal. WildEarth Guardians v. EPA, Civil
Action No. 1:12-cv-03307 (D. Colo.).
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    In South Dakota's current regulations in ARSD Article 74:36, the
minor source construction permit and operating permit programs are
combined so, in practice, a source receives one permit from the State
which serves as both a construction and operating permit.\2\ The
revisions in the June 14, 2010 submittal separate the two programs into
a new minor source construction permit program and a minor source
operating permit program. Under the new revisions, a source would first
apply for a construction permit before applying for an operating
permit. A cross-walk table, which discusses the rule revisions in
Article 74:36 individually, and the action we are proposing, is
included in the docket for this rulemaking.
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    \2\ For major sources and major modifications, the State already
has two SIP-approved construction permit programs (PSD and
nonattainment NSR) and, separately for major sources, a title V
operating permit program that has been approved through the title V
(not the SIP) process.
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    South Dakota's June 14, 2010, submittal also contains rule
revisions that are generally not included in SIPs. These rules, which
we are not taking action on here (i.e. New Source Performance Standards
(NSPS), operating permits for part 70 sources, etc.), are outlined in
the cross-walk table located in the docket for this rulemaking.
    South Dakota's June 20, 2011, submittal includes the following rule
revisions: (1) Revises Sections 74:36:01:01, 74:36:01:08, 74:36:01:15
and 74:36:09:02 to comply with EPA's Greenhouse Gas Tailoring Rule.
Revisions to Sections 74:36:01:08, 74:36:01:15 and 74:36:09:02 have
been proposed; \3\ EPA is proposing action on 74:36:01:01 in this
rulemaking; (2) Revises Chapter 74:36:20 by revising Section
74:36:20:02 (Construction Permits Required); and (3) Adds new Section
74:36:20:02.01 (Initiating Construction Prior to Permit Issuance).
Section 74:36:20:02.01 allows sources who meet certain conditions to
start construction prior to receiving a permit provided they meet the
requirements in that section. EPA is proposing action on

74:36:20:02 and 74:36:20:02.01 in this rulemaking.\4\
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    \3\ On February 11, 2014 (79 FR 8130) EPA proposed action on
these provisions. EPA signed a final action on March 24, 2014.
    \4\ Under a proposed consent decree, by May 30, 2014, EPA is
required to sign a notice of final action to approve, disapprove,
approve in part and disapprove in part, or conditionally approve
this June 20, 2011 SIP submittal. WildEarth Guardians v. EPA, Civil
Action No. 1:12-cv-03307 (D. Colo.).
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    With respect to South Dakota's July 29, 2013 submittal, we are only
proposing action on the following revisions: (1) Section 74:36:04:03.01
(Minor Source Operating Permit Variance); and (2) 74:36:10 (New Source
Review).

III. What action is EPA taking?

    EPA is proposing to approve all revisions as submitted by South
Dakota on June 14, 2010, except we are not acting on those portions of
the submittal which do not belong in the SIP. EPA is proposing to
partially approve and partially disapprove the revisions submitted on
June 20, 2011. We are also proposing to approve portions of South
Dakota's July 29, 2013, submittal as outlined in Section II of this
rulemaking.

June 14, 2010 SIP Submittal

74:36:01:01 (Definitions)
    We are proposing to approve all changes in this section as outlined
in the crosswalk table (see docket).
74:36:01:02 (Ambient Air Quality)
    We are proposing to approve changes in this section, which updates
the federal reference.
74:36:01:03 (Air Quality Episodes)
    We are proposing to approve changes in this section, which updates
the federal reference.
74:36:04 (Operating Permits for Minor Sources)
    We are proposing to approve all changes in this section. The
modifications in this section were made to revise the minor source
operating permit program to incorporate the changes associated with the
new proposed construction permit program. As outlined in the crosswalk
table, these changes include: (1) Grammatical changes which do not
significantly change the meaning of the rule; (2) Updates to the
federal references; and (3) re-organization of the rules. A few
specific issues of note are discussed below:
74:36:04:03 (Emission Unit Exemptions)
    In 74:36:04:03(6), South Dakota added an emission unit exemption
for ``routine housekeeping or plant upkeep activities such as painting
buildings, retarring roofs or paving parking lots.'' EPA asked South
Dakota to clarify that they consider these activities to be de minimis
in nature. South Dakota sent a letter to EPA dated March 18, 2014,
clarifying that they consider these activities to be de minimis in
nature (see docket). As explained in the letter, before South Dakota
adopted the requirements for an air quality construction permit
program, the construction and operating permit programs were combined
for those facilities not required to obtain a PSD preconstruction
permit. When South Dakota decided to separate the two programs, the
insignificant activity list was incorporated into both programs.
Routine housekeeping and plant upkeep had not originally been listed in
the combined construction and operating permit program for minor
sources because these activities were considered fugitive sources which
are not regulated under the minor source program. We interpret the
State's listing of these activities as insignificant to characterize
these emissions as de minimis with respect to attainment or maintenance
of the National Ambient Air Quality Standards (NAAQS) and thus
appropriate for permitting exemptions. Thus, when the State decided to
separate the construction and operating permit program, it was decided
to include exemptions for routine housekeeping and plant upkeep in the
minor operating permit program as well as for the new construction
permit program. In particular the example activities of painting
buildings, retarring roofs, or paving parking lots appear to be de
minimis. Based on the State's letter, EPA proposes to approve this
exemption.
74:36:04:03.01 (Minor Source Operating Permit Variance)
    This rule was superseded by the subsequent July 29, 2013, submittal
and we are proposing action on the rule elsewhere in this notice.
74:36:04:32 (General Permits)
    In 74:36:04:32, EPA asked the State to clarify how they can ensure
that the issuance of a general permit does not interfere with the NAAQS
or any other requirements of the CAA. South Dakota sent a letter to EPA
clarifying how their regulations ensure that construction of a source
which applied for a general permit will not interfere with the NAAQS or
any other requirement of the CAA (see docket). When issuing a general
permit, the State applies the standard in 74:36:04:04 to determine that
the permit will not interfere with the NAAQS. The permits are issued
for a five-year period. Before renewing a general permit, the State
considers whether renewal will interfere with the NAAQS or other
applicable requirements. Based on this clarification, EPA proposes to
approve South Dakota's general permit provisions. In particular, EPA
notes that the limited lifespan of a general permit helps to protect
the NAAQS from unanticipated growth in a source category.
74:36:05 (Operating Permits for Part 70 Sources)
    We are not taking action on this section because part 70 provisions
are not a required component under section 110 of the CAA. Instead, we
approve operating permit regulations under our operating permit
regulations at 40 CFR part 70.
74:36:07 (New Source Performance Standards)
    We are not taking action on this section because NSPS are not a
required component under section 110 of the CAA.
74:36:08 (National Emission Standards for Hazardous Air Pollutants)
    We are not taking action on this section because National Emission
Standards for Hazardous Air Pollutants (NESHAPs) are not a required
component under section 110 of the CAA.
74:36:09 (Prevention of Significant Deterioration)
    The proposed changes were acted on in 76 FR 43912 (July 22, 2011).
74:36:10 (New Source Review)
    The proposed changes are superseded by the July 29, 2013 submittal.
We are acting on the proposed changes to 74:36:10 as submitted on July
29, 2013.
74:36:11 (Performance Testing)
    We are proposing to approve changes in this section, which updates
the federal reference.
74:36:12 (Control of Visible Emissions)
    We are proposing to approve changes in this section, which updates
the federal reference.
74:36:13 (Continuous Emissions Monitoring)
    We are proposing to approve changes in this section, which updates
the federal reference.
74:36:16 (Acid Rain Program)
    We are not taking action on this section because the Acid Rain
Program

is not a required component under section 110 of the CAA.
74:36:18 (Regulations for State Facilities in the Rapid City Area)
    We are proposing to approve changes in this section, which updates
the visible emission test method to EPA Method 9 in 40 CFR part 60,
Appendix A (July 1, 2009).
74:36:19 (Mercury Budget Trading Program)
    We are not taking action on this section because it is not a
required SIP component under section 110 of the CAA.
74:36:20 (Construction Permits for New Sources or Modifications)
    We are proposing to approve this new section because it meets the
requirements of the CAA and 40 CFR 51.160 and 161. In particular:
    (1) 74:36:20:02 (Construction Permit Required) requires a
construction permit before a source can construct, install, modify or
operate a source or unit. Note that, as discussed separately below,
this requirement was modified in the June 20, 2011 SIP submittal.
    (2) 74:36:20:05 (Standard for issuance of construction permit)
states that a construction permit will be issued only if it has been
shown that the operation of the new source or modification to an
existing source will not prevent or interfere with the attainment or
maintenance of an applicable NAAQS.
    (3) 74:36:20:06 (Timely and complete application for a construction
permit required) allows the State or local agency to determine whether
or not the construction or modification of a facility will interfere
with the NAAQS or control strategy.
    (4) 74:36:20:10 (Time period for department's recommendation)
allows the State or local agency to prevent the construction or
modification of a facility if it will interfere with the NAAQS or
control strategy.
    (5) 74:36:20:11 (Public participation in permitting process) allows
for a 30-day period for submittal of public comment.

June 20, 2011 SIP Submittal

74:36:01:01(73) (Subject to Regulation)
    We are proposing to approve the definition of ``Subject to
Regulation'' to comply with EPA's Greenhouse Gas Tailoring Rule
revisions published on June 3, 2010.
    In our February 11, 2014 action (79 FR 8130), EPA proposed approval
of revisions to the State's PSD program to incorporate the provisions
of the federal PSD and Title V Greenhouse Gas Tailoring Rule (Tailoring
Rule). The SIP revisions incorporate by reference the federal Tailoring
Rule's emission thresholds for determining which new stationary sources
and modifications to existing stationary sources become subject to
South Dakota's PSD permitting requirements for their greenhouse gas
emissions.
    Outside of the PSD program, the June 20, 2011 SIP submittal
proposed in Section 74:36:01:01, Definitions, to add ``(73) ``Subject
to regulation'' as defined in 40 CFR 70.2 (July 1, 2009), as revised in
publication 75 FR 31607 (June 3, 2010), in accordance with EPA
requirements.'' We did not propose action on that part of the submittal
as part of our February 11, 2014 proposal because it applies to the
title V operating permit program, which is not part of the SIP.
However, in reviewing the June 20, 2011 submittal for this proposed
action, we realized that South Dakota intended for the definition of
``subject to regulation'' to be applied throughout its rules. In fact,
the language ``subject to regulation'' is included in the updated
definition of major sources that we proposed to approve in our February
11, 2014 action, so for consistency we propose to approve the
definition at this time.
74:36:04:20:01 (Initiating Construction Prior to Permit Issuance)
    Does the new rule that allows for Initiating Construction Prior to
Permit Issuance meet the CAA and regulatory requirements?
    The new South Dakota rule 74:36:20:02.01 ``Initiating Construction
Prior to Permit Issuance'' allows certain projects to begin
construction prior to receiving approval from the State, and contains
some safeguards. Under new rule 74:36:20:02.01 an owner or operator may
initiate construction without receiving a permit from the State as long
as they have submitted a construction permit application and notified
the Department of ``its intentions to initiate construction prior to
issuance of the construction permit five working days before initiating
construction.'' 74:36:20:2.01 (1)-(2). Only ``true minor'' sources and
modifications can construct prior to receiving a permit. 74:36:20:2.01
(3)-(4). The source is not allowed to operate equipment ``in any way
that may emit any air pollutant prior to receiving a construction
permit.'' 74:36:20:2.01(5). The rule provides that the owner or
operator must assume liability for construction conducted before the
permit is issued, and must cease construction if the department
demonstrates that construction of the new source or modification will
interfere with the attainment or maintenance of a NAAQS or increment.
74:36:20:2.01 (5)-(6). Finally, the owner or operator is required to
make any change to the source that may be imposed in the issued
construction permit. 74:36:20:2.01(7).
    We are proposing to disapprove this section in its entirety because
it allows complete construction of a true minor source before any type
of State review, which is inconsistent with the requirements in 40 CFR
51.160(a) and (b) and Section 110(a)(2)(C) of the Act; because it would
also create ``equity in the ground'' issues that might compromise
compliance with 40 CFR 51.160(a) and (b); and because it is
inconsistent with the public comment requirements in 40 CFR 51.161.
Summary of the Federal Clean Air Act and Regulatory Requirements
    Section 110(a)(2)(C) of the Act contains the requirements for
preconstruction review programs for minor sources and requires that
each SIP include a program to regulate the construction and
modification of stationary sources as necessary to assure that the
NAAQS are achieved.
    EPA's minor source implementing regulations are in 40 CFR 51.160-
51.164. The regulations require that a SIP include ``legally
enforceable procedures that enable'' the permitting agency to determine
whether construction ``will result in'' interference with the NAAQS, 40
CFR 51.160(a). The SIP must also include the means by which a state or
local agency can ``prevent'' construction that ``will interfere with
the attainment or maintenance of a national standard.'' 40 CFR
51.160(b). 40 CFR 51.161(a) requires that the legally enforceable
procedures in 40 CFR 51.160 must also require the state or local agency
to provide opportunity for public comment on information submitted by
owners or operators. The public information must include the agency's
analysis of the effect of construction or modification on ambient air
quality, including the agency's proposed approval or disapproval. 40
CFR 51.161(b) requires a minimum 30-day public comment period.

What Is EPA's evaluation?

    We propose to find that the State's new rule that allows
construction of certain projects subject to the minor source program
prior to permit issuance is inconsistent with the requirements of the
CAA and implementing regulations. EPA expressed concern about the
State's proposed approach in our comments on

South Dakota's proposed rule in January 2011 because as proposed the
rules were inconsistent with 40 CFR 51.160(b), explaining that \5\:
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    \5\ The State also received public comments from 13 individuals
on this issue and related concerns. State of South Dakota SIP
Submittal, these comments appear in the SIP starting at PDF page 80.
(June 14, 2011, part 2 of 2).

``EPA has concerns that chapter 74:36:20:02.01 does not require some
type of administrative approval from the State prior to allowing
pre-permit construction activities. EPA has approved minor NSR
programs in several states that do not require permits prior to
construction, but instead require sources to submit a notice and
receive authorization for sources to begin construction after a
specified time if the permitting authority does not issue an order
preventing construction. Chapter 74:36:20:02.01 only requires the
owner or operator to submit a construction permit application; the
rule references a department evaluation, but does not require
written approval from the State prior to construction ensuring that
sources that are subject to federal requirements do not commence
construction prior to permit issuance. This is not consistent with
40 CFR 51.160(b), which requires states to have legally enforceable
procedures to prevent construction or modification of a source, if
it would violate any SIP control strategies or interfere with
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attainment or maintenance of the NAAQS.''

The final rule as adopted by the State was not revised to address these
concerns and allows complete construction of a true minor source before
any type of State review. The rule does not require the permitting
authority to take affirmative action and approve construction before
construction permit approval. Therefore, neither the State, public, nor
EPA can determine whether the project will be in compliance with the
CAA and implementing regulations before construction.
    In addition to being inconsistent with the requirements of 40 CFR
51.160(a), the rule is inconsistent with Section 110(a)(2)(C) of the
Act because the rule lacks provisions to protect the NAAQS and prohibit
any source from emitting air pollutants which will interfere with the
NAAQS. Notwithstanding the fact that the owner or operator is required
to provide a five day notice to the State before commencing
construction, there is no procedure in the State's rule to determine
prior to construction, if the construction or modification will violate
a control strategy or interfere with attainment and maintenance of the
NAAQS, which is required under 40 CFR 51.160(a).
    The State rule also does not satisfy the public participation
requirements in 40 CFR 51.161, which require a minimum 30-day period
for public comment on the information submitted by the owner or
operator prior to construction, as well as an opportunity for the
public to review the State's analysis and recommendations regarding
construction approval or disapproval.
    74:36:20:02.01 also allows for complete construction of a true
minor source, which would create equity in the ground issues. Allowing
for complete construction could compromise compliance with 40 CFR
51.160(a) and (b) because, although 74:36:20:02.01 requires that the
owner or operator must assume any liability for construction conducted
on a source before a permit is issued, the economic impact of denying a
permit after complete construction of a source could influence the
decision to approve or deny a permit. Additionally, once fully
constructed, there may be fundamental design issues that cannot be
overcome should the State seek required modifications from the owner or
operator.
    EPA's review of other states, which have EPA approved pre-permit
construction regulations found that most of the other state SIPs
require some type of permitting agency review and preauthorization/
administrative approval prior to construction.
    We understand South Dakota's goals in promulgating rule
74:36:20:02.01, as expressed during the State's rulemaking, were to
``expedite the construction of specific facilities that will have
minimal impact to the ambient air and for those projects that may be
impacted by inclement weather (i.e. winter months),'' \6\ ``and to
ensure that new businesses and existing businesses looking to expand
are permitted in an expedited manner.'' \7\ If requested by South
Dakota, EPA will work with the State to develop revised rules that are
consistent with the State goals and also consistent with the CAA and
implementing regulations.\8\ We acknowledge that EPA may have approved
some state minor source programs with approaches/requirements similar
to those proposed by South Dakota, which may warrant EPA evaluation in
the future.
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    \6\ State of South Dakota SIP Submittal, at PDF pages 170-171
(June 14, 2011, part 1 of 2).
    \7\ State of South Dakota SIP Submittal, at PDF page 105 (June
14, 2011, part 2 of 2) (Board of Minerals and Environment Minutes,
February 17, 2011).
    \8\ One option for South Dakota, which is consistent with its
stated goals, is to amend its pre-permit construction regulations to
allow certain limited, seasonal, pre-permit construction activities
and specify which activities are allowed, and exclude construction
of any emitting unit. An example of this type of pre-permit
construction language can be found in the Administrative Rules of
Montana (ARM) 17.8.743(2), which EPA approved on August 8, 2011 (76
FR 40237).
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    In conclusion, although 74:36:20:02.01 has some safeguards as noted
above, it is not in compliance with Section 110(a)(2)(C) of the Act, 40
CFR 51.160(a) and (b), and 40 CFR 51.161. Therefore, for the reasons
outlined above, we are proposing to disapprove 74:36:20:02.01.
74:36:04:20:02 (Construction Permit Required)
    Because EPA is disapproving 74:36:20:02.01, we are also
disapproving the phrase: ``unless it meets the requirements in
74:36:20:02.01'' in 74:36:04:20:02.

July 29, 2013 SIP Submittal

74:36:04:03.01 (Minor Source Operating Permit Variance)
    We are proposing to approve the deletion of this section.
74:36:10 (New Source Review)
    We are proposing to approve changes in this section, which updates
the federal references and deletes obsolete provisions regarding clean
units and pollution control projects. We note that the State clarified
that it is not adopting any provisions in 40 CFR 51.165 that were
marked as stayed as of the date of incorporation by reference. We also
note that, as mentioned in the State's letter, that there are currently
not any nonattainment areas designated in South Dakota. If in the
future any are designated for a particular pollutant, the State will
then be obliged to review and if necessary revise its nonattainment NSR
program to meet all applicable requirements for that pollutant,
including proper treatment of relevant precursors.

IV. What authorities apply to EPA's proposed action?

    In determining whether SIP revisions submitted by the State of
South Dakota on June 14, 2010, June 20, 2011 and July 29, 2013, are
approvable or not approvable, EPA applied the following authorities:
    The CAA at Section 110(a)(2)(C) requires states to include a minor
NSR program or alternative measures in their SIP to regulate
modifications and new construction of stationary sources within the
area as necessary to assure the NAAQS are achieved. In particular,
section 110(a)(2)(C) was applied to determine approvability of all
three submittals we are proposing action on in this rulemaking.
    EPA's implementing regulations at 40 CFR 51.160-164 are intended to
ensure that new source growth is consistent

with maintenance of the NAAQS. The authorities in EPA's implementing
regulations which we are applying in this rulemaking are: (1) 40 CFR
51.160(a), which requires that the SIP include legally enforceable
procedures that enable a state or local agency to determine whether
construction or modification of a facility, building, structure or
installation, or combination of these will result in a violation of
applicable portions of the control strategy or interference with
attainment or maintenance of a national standard in the state in which
the proposed source (or modification) is located or in a neighboring
state; (2) 40 CFR 51.160(b) requires these procedures must include a
means by which the state or local agency can prevent a construction or
modification if the construction or modification will result in a
violation of applicable portions of the control strategy or
interference with attainment or maintenance of a national standard. 40
CFR 51.162-164 are not applicable to the SIP revisions we are proposing
action on in this rulemaking. We applied 40 CFR 51.160(a), 40 CFR
51.160(b) and 40 CFR 51.161 to determine the approvability of
74:36:04:20:02.
    Section 110(i) of the CAA specifically precludes states from
changing the requirements of the SIP except through SIP revisions
approved by EPA. SIP revisions will be approved by EPA only if they
meet all requirements of section 110 of the CAA and the implementing
regulations at 40 CFR part 51. See CAA section 110(l); and 40 CFR
51.104.

V. Summary

    In this proposed rulemaking, we are proposing partial approval and
partial disapproval of the new and revised rules and renumbering of
rules as outlined in section III above and in the crosswalk table
located in the docket. In particular, we are proposing the following
actions:

June 14, 2010 Submittal

    We are proposing to approve the following: 74:36:01:01
(Definitions); 74:36:01:02 (Ambient Air Quality); 74:36:01:03 (Air
Quality Episodes); 74:36:04 (Operating Permits for Minor Sources);
74:36:11 (Performance Testing); 74:36:12 (Control of Visible
Emissions); 74:36:13 (Continuous Emissions Monitoring); 74:36:18
(Regulations for State Facilities in the Rapid City Area); and 74:36:20
(Construction Permits for New Sources or Modifications).
    We are not taking action on the following: 74:36:05 (Operating
Permits for Part 70 Sources); 74:36:07 (New Source Performance
Standards); 74:36:08 (National Emission Standards for Hazardous Air
Pollutants); 74:36:09 (Prevention of Significant Deterioration);
74:36:16 (Acid Rain Program); and 74:36:19 (Mercury Budget Trading
Program).

June 20, 2011 Submittal

    We are proposing to approve the following: 74:36:01:01(73) (Subject
to Regulation).
    We are proposing to disapprove the following: 74:36:04:20:01
(Initiating Construction Prior to Permit Issuance), the phrase:
``unless it meets the requirements in 74:36:20:02.01'' in
74:36:04:20:02 (Construction Permit Required).

July 29, 2013 Submittal

    We are proposing to approve deletion of the following:
74:36:04:03.01 (Minor Source Operating Permit Variance).
    We are proposing to approve the following: 74:36:10 (New Source
Review).
    We are proposing partial approval and partial disapproval based on
the authorities as outlined in section IV of this rulemaking. As
explained in this rulemaking, the South Dakota rules we are proposing
to approve meet the statutory requirements of CAA section 110(a)(2)(C),
the regulatory requirements of 40 CFR 51.160 and 40 CFR 51.161. We are
proposing to disapprove the revisions which do not meet the statutory
requirements of CAA section 110(a)(2)(C) and the regulatory
requirements of 40 CFR 51.160 and 40 CFR 51.161. For additional
information, see the cross-walk table and South Dakota's letter of
clarification located in the docket.

VI. Statutory and Executive Orders Review

    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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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 Order
12866 (58 FR 51735, October 4, 1993);
     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 EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 3, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2014-08500 Filed 4-15-14; 8:45 am]
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[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Proposed Rules]
[Page 34076]
[FR Doc No: 2018-15394]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2014-F-2307]

Humic Product Trade Association; Withdrawal of Food Additive
Petition (Animal Use)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; withdrawal of petition.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
withdrawal, without prejudice to a future filing, of a food additive
petition (FAP 2290) proposing that the food additive regulations be
amended to provide for the safe use of humate, fluvic acid, and humic
substances as a source of iron in animal feed.

DATES: The food additive petition published on January 6, 2015 (80 FR
422), was withdrawn on April 19, 2018.

ADDRESSES: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts; and/or go to the Dockets
Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Carissa Doody, Center for Veterinary
Medicine (HFV-228), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: In a notice of petition published in the
Federal Register on January 6, 2015 (80 FR 422), FDA announced that a
food additive petition (FAP 2290) had been filed by Humic Products
Trade Assn., P.O. Box 963, Spring Green, WI 53588. The petition
proposed to amend part 573 Food Additives Permitted in Feed and
Drinking Water of Animals (21 CFR part 573), to provide for the safe
use of humate, fluvic acid, and humic substances as a source of iron in
animal feed. Humic Products Trade Assn., has now withdrawn the petition
without prejudice to a future filing in accordance with 21 CFR 571.7.

     Dated: July 13, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-15394 Filed 7-18-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: March 20, 2008 (Volume 73, Number 55)]
[Rules and Regulations]
[Page 14925-14926]
[DOCID:fr20mr08-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0003; Airspace Docket No. 08-ASW-1]

Establishment of Class E Airspace; Lexington, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; withdrawal.

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

SUMMARY: A direct final rule, published in the Federal Register
February 11, 2008 (73 FR 7667) FAA Docket No. 2008-0003, is being
withdrawn. This copy of the rule was inadvertently sent to the Federal
Register. The direct final rule establishing Class E airspace at
Muldrow Army Heliport, Lexington, OK, published February 15, 2008, (73
FR 8795) is the correct rule.

DATES: Effective Date: 0901 UTC March 20, 2008.

FOR FURTHER INFORMATION CONTACT: Joe Yadouga, Central Service Center,
System Support Group, Federal Aviation Administration, Southwest
Region, Fort Worth, Texas 76193-0530; telephone number<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On Monday, February 11, 2008, a direct final rule establishing
Class E Airspace at Muldrow Army Heliport, Lexington, OK, was
inadvertently published in the Federal Register (73 FR 7667) FAA Docket
No. 2008-0003. On Friday, February 15, 2008, another direct final rule
for the same airspace, with minor changes to the geographic location,
also was published in the Federal Register (73 FR 8795). The FAA is
withdrawing the first direct final rule, published in the Federal
Register February 11, 2008 (73 FR 7667).

Withdrawal of Direct Final Rule

    Accordingly, pursuant to the authority delegated to me, the Federal

Aviation Administration withdraws the direct final rule published in
the Federal Register February 11, 2008 (73 FR 7667).
* * * * *

    Issued in Fort Worth, TX, on March 5, 2008.
Donald R. Smith,
Manager, System Support Group, ATO Central Service Center.
[FR Doc. E8-5164 Filed 3-19-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Notices]
[Pages 1344-1345]
[FR Doc No: 2016-32006]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-4098]

Reference Amounts Customarily Consumed: List of Products for Each
Product Category; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a draft guidance for industry entitled ``Reference
Amounts Customarily Consumed: List of Products for Each Product
Category.'' The draft guidance, when finalized, will provide examples
of products that belong to product categories included in the tables of
Reference Amounts Customarily Consumed (RACCs) per Eating Occasion
established in our regulations.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that we consider your comment on the draft
guidance before we begin work on the final version of the guidance,
submit either electronic or written comments on the draft guidance by
March 6, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-4098 for ``Reference Amounts Customarily Consumed: List of
Products for Each Product Category.'' Received comments will be placed
in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential

with a heading or cover note that states ``THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.'' We will review this copy, including the
claimed confidential information, in its consideration of comments. The
second copy, which will have the claimed confidential information
redacted/blacked out, will be available for public viewing and posted
on https://www.regulations.gov. Submit both copies to the Division of
Dockets Management. If you do not wish your name and contact
information to be made publicly available, you can provide this
information on the cover sheet and not in the body of your comments and
you must identify this information as ``confidential.'' Any information
marked as ``confidential'' will not be disclosed except in accordance
with 21 CFR 10.20 and other applicable disclosure law. For more
information about FDA's posting of comments to public dockets, see 80
FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the draft guidance to
the Office of Nutrition and Food Labeling, Center for Food Safety and
Applied Nutrition, Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740. Send two self-addressed adhesive labels to
assist that office in processing your request. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft guidance.

FOR FURTHER INFORMATION CONTACT: Jillonne Kevala, Center for Food
Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus
Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a draft guidance for industry
entitled ``Reference Amounts Customarily Consumed: List of Products for
Each Product Category.'' We are issuing the draft guidance consistent
with our good guidance practices regulation (21 CFR 10.115). The draft
guidance, when finalized, will represent the current thinking of the
FDA on which products belong to product categories included in the
tables of RACCs per Eating Occasion established in Sec.  101.12(b) (21
CFR 101.12(b)). This draft guidance does not establish any rights for
any person and is not binding on FDA or the public. You can use an
alternate approach if it satisfies the requirements of the applicable
statutes and regulations.
    We intend for this draft guidance, when finalized, to help industry
comply with the statutory requirement, under section 403(q)(1)(A)(i) of
the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C.
343(q)(1)(A)(i)), that food that is intended for human consumption and
offered for sale bear nutrition information that provides a serving
size that reflects the amount of food customarily consumed and is
expressed in a common household measure that is appropriate to the
food. To comply with this requirement, manufacturers must determine and
label their food products with the appropriate label serving size based
on the amount of the product customarily consumed.
    In the Federal Register of May 27, 2016, we issued a final rule
entitled ``Food Labeling: Serving Sizes of Foods That Can Reasonably Be
Consumed At One Eating Occasion; Dual-Column Labeling; Updating,
Modifying, and Establishing Certain Reference Amounts Customarily
Consumed; Serving Size for Breath Mints; and Technical Amendments'' (81
FR 34000). The final rule amends our regulations in Sec.  101.12(b) to
update or modify certain pre-existing RACCs, and to establish RACCs for
new product categories.
    The draft guidance, when finalized, will help manufacturers
identify the appropriate food category to which their product belongs,
on which information manufacturers will be able to base the label
serving size. The RACCs established in Sec.  101.12(b) are divided into
two tables: One for infants and young children 1 through 3 years of
age, and another for the general food supply (i.e., individuals four
years and older). The draft guidance, when finalized, will provide
examples of products that belong to product categories for which a RACC
has been established in Sec.  101.12(b). The tables in the draft
guidance are not meant to be an all-inclusive list of products that are
available on the market for each product category.

II. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/FoodGuidances or https://www.regulations.gov. Use the FDA Web site listed in the previous
sentence to find the most current version of the guidance.

    Dated: December 30, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-32006 Filed 1-4-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Rules and Regulations]
[Pages 36466-36467]
[FR Doc No: 2019-15938]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0273; Airspace Docket No. 19-AGL-10]
RIN 2120-AA66

Revocation of Class E Airspace; Tecumseh, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action removes Class E airspace extending upward from 700
feet above the surface at Meyers-Divers' Airport, and Tecumseh Products
Airport, Tecumseh, MI. This action is due to the cancellation of the
instrument procedures; and the airspace is no longer required.

DATES: Effective 0901 UTC, October 10, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT:  Rebecca Shelby, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of 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
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 supports the removal of Class E airspace extending upward from
700 feet above the surface at Meyers-Divers' Airport and Tecumseh
Products Airport, Tecumseh, MI.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 22745; May 20, 2019) for Docket No. FAA-2019-0273 to
remove Class E airspace extending upward from 700 feet above the
surface at Meyers-Divers'Airport and Tecumseh Products Airport,
Tecumseh, MI. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
    Class E airspace designations are published in paragraphs 6005 of
FAA Order 7400.11C, dated August 3, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 3, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 removes the Class E airspace extending upward from 700 feet
above the surface at Meyers-Divers' Airport and Tecumseh Products
Airport, Tecumseh, MI.
    This action due to the cancellation of the instrument approach
procedures at the airport and the airspace is no longer necessary.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (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 only affects air traffic procedures and air navigation, it is
certified that this rule, when

promulgated, does not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 3, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL MI E5 Tecumseh, MI [Removed]

    Issued in Fort Worth, Texas, on July 22, 2019.
John Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-15938 Filed 7-26-19; 8:45 am]
 BILLING CODE 4910-13-P