[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Proposed Rules]
[Pages 55280-55284]
[FR Doc No: 2015-23144]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0600: FRL-9934-07-Region 10]

Approval and Promulgation of Implementation Plans; Washington:
Additional Regulations for the Benton Clean Air Agency Jurisdiction

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Washington State Implementation Plan (SIP)
that were submitted by the Department of Ecology (Ecology) in
coordination with Benton Clean Air Agency (BCAA) on August 25, 2015. In
the fall of 2014 and spring of 2015, the EPA approved numerous
revisions to Ecology's general air quality regulations. However, our
approval of the updated Ecology regulations applied only to geographic
areas where Ecology, and not a local air authority, has jurisdiction,
and statewide to source categories over which Ecology has sole
jurisdiction. Under the Washington Clean Air Act local clean air
agencies, such as BCAA, have the option of adopting equally stringent
or more stringent standards or requirements in lieu of Ecology's
general air quality regulations, if they so choose. Therefore, the EPA
stated that we would evaluate the general air quality regulations as
they apply to local jurisdictions in separate, future actions. If
finalized, this proposed action would allow BCAA to rely primarily on
Ecology's general air quality regulations for sources within BCAA's
jurisdiction, including implementation of the minor new source review
and nonattainment new source review permitting programs. This action
also proposes approval of a small set of BCAA regulatory provisions
that replace or supplement parts of Ecology's general air quality
regulations.

DATES: Comments must be received on or before October 15, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0600, by any of the following methods:
    A. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    B. Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and Toxics
(AWT-150), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
    C. Email<EMAIL_ADDRESS>    D. Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of
Air, Waste and Toxics, AWT-150. Such deliveries are only accepted
during normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2015-0600. 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 www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which 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 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 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 disk or CD-ROM 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 avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
the disclosure of which 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 either electronically in
www.regulations.gov or in hard copy during normal business hours at the
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at<PHONE_NUMBER>,
<EMAIL_ADDRESS>or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Background for Proposed Action
II. Washington SIP Revisions
III. The EPA's Proposed Action
    A. Regulations To Approve and Incorporate by Reference Into the
SIP
    B. Regulations To Approve But Not Incorporate by Reference
    C. Regulations To Remove From the SIP
    D. Scope of Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background for Proposed Action

    On January 27, 2014, Ecology submitted revisions to update the
general air quality regulations contained in Chapter 173-400 of the
Washington Administrative Code (WAC) that apply to sources under
Ecology's direct jurisdiction. On October 3, 2014 (79 FR 59653),
November 7, 2014 (79 FR 66291), and April 29, 2015 (80 FR 23721), the
EPA approved updates to Chapter 173-400 WAC as they apply to geographic
areas and source categories under Ecology's direct jurisdiction. Under
the EPA-approved provisions of WAC 173-400-020, local clean air
agencies have the authority to adopt equally stringent or more
stringent standards or requirements in lieu of the provisions of
Chapter 173-400 WAC. Local clean air agencies also have the option to
rely on parts of Chapter 173-400 WAC, but substitute local standards or
requirements for other corresponding provisions. For this reason, the
EPA stated that we would address the applicability of Chapter 173-400
WAC in local clean air agency jurisdictions on a case-by-case basis in
separate, future actions.

II. Washington SIP Revisions

    On August 25, 2015, the Director of the Washington Department of
Ecology, as the Governor's designee for SIP revisions, submitted a
request to update the general air quality regulations as they apply to
the jurisdiction of BCAA. See 40 CFR 52.2470(c)--Table 4. As shown in
Attachment 1 of the SIP revision, included in the docket for this
action, BCAA relies primarily on the recently updated provisions of
Chapter 173-400 WAC for sources within their jurisdiction in Benton
County, including minor new source review permitting and major source
nonattainment new source review (if necessary at some point in the
future). Attachment 2 of the SIP revision contains a small set of BCAA
regulations that either supplement or substitute for provisions of
Chapter 173-400 WAC that address regulatory authority, definitions of
specific terms, and fugitive emissions. These provisions fall in two
categories. The first category includes BCAA Regulation 1, sections:
1.01, Name of Agency; 2.01, Powers and Duties of the Benton Clean Air
Agency (BCAA); 2.03, Powers and Duties of the Board of Directors; 2.05,
Severability; and 2.06, Confidentiality. These provisions are generally
administrative in nature, are adopted nearly verbatim from the
Washington Clean Air Act (Revised Code of Washington 70.94), and have
no direct corollaries in Chapter 173-400 WAC. The second category
includes BCAA Regulation 1, sections: 1.02, Policy and Purpose; 1.03,
Applicability; 2.02, Requirements for Board of Directors Members;
4.01(A), Definitions--Fugitive Dust; 4.02(B), Particulate Matter
Emissions--Fugitive Emissions; 4.02(C)(1), Particulate Matter
Emissions--Fugitive Dust; and 4.02(C)(3), Particulate Matter
Emissions--Fugitive Dust. This second category of BCAA regulations
adopt parts of Chapter 173-400 WAC nearly verbatim with minor changes
for readability and clarity. The EPA is proposing to determine that
these changes are consistent with our prior approvals of Chapter 173-
400 WAC and meet Clean Air Act requirements.

III. The EPA's Proposed Action

A. Regulations To Approve and Incorporate by Reference Into the SIP

    The EPA proposes to approve and incorporate by reference into the
Washington SIP at 40 CFR 52.2470(c)--Table 4, Additional Regulations
Approved for the Benton Clean Air Agency (BCAA) Jurisdiction, the BCAA
and Ecology regulations listed in the tables below for sources within
BCAA's jurisdiction.

                        Benton Clean Air Agency (BCAA) Regulations for Proposed Approval
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                                                                        State/local
        State/local citation                  Title/subject           effective date          Explanation
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                                                  Regulation 1
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1.01...............................  Name of Agency.................        12/11/14  ..........................
1.02...............................  Policy and Purpose.............        12/11/14  Replaces WAC 173-400-010.
1.03...............................  Applicability..................        12/11/14  Replaces WAC 173-400-020.
4.01(A)............................  Definitions--Fugitive Dust.....        12/11/14  Replaces WAC 173-400-030
                                                                                (38).
4.01(B)............................  Definitions--Fugitive Emissions        12/11/14  Replaces WAC 173-400-030
                                                                                (39).
4.02(B)............................  Particulate Matter Emissions--         12/11/14  Replaces WAC 173-400-
                                      Fugitive Emissions.                              040(4).
4.02(C)(1).........................  Particulate Matter Emissions--         12/11/14  Replaces WAC 173-400-
                                      Fugitive Dust.                                   040(9)(a).
4.02(C)(3).........................  Particulate Matter Emissions--         12/11/14  Replaces WAC 173-400-
                                      Fugitive Dust.                                   040(9)(b).
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                    Washington State Department of Ecology Regulations for Proposed Approval
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                                                                   State/local
        State/local citation                Title/subject        effective date            Explanation
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                       Chapter 173-400 WAC, General Regulations for Air Pollution Sources
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173-400-030........................  Definitions...............        12/29/12  Except: 173-400-030(38); 173-
                                                                                400-030(39); 173-400-030(91).
173-400-036........................  Relocation of Portable            12/29/12  ...............................
                                      Sources.
173-400-040........................  General Standards for               4/1/11  Except: 173-400-040(2)(c); 173-
                                      Maximum Emissions.                          400-040(2)(d); 173-400-040(3);
                                                                                173-400-040(4); 173-400-
                                                                                040(5); 173-400-040(7), second
                                                                                paragraph; 173-400-040(9)(a);
                                                                                173-400-040(9)(b).
173-400-050........................  Emission Standards for            12/29/12  Except: 173-400-050(2); 173-400-
                                      Combustion and                              050(4); 173-400-050(5).
                                      Incineration Units.
173-400-060........................  Emission Standards for             2/10/05  ...............................
                                      General Process Units.
173-400-070........................  Emission Standards for            12/29/12  Except: 173-400-070(7); 173-400-
                                      Certain Source Categories.                  070(8).
173-400-081........................  Startup and Shutdown......          4/1/11  ...............................
173-400-091........................  Voluntary Limits on                 4/1/11  ...............................
                                      Emissions.
173-400-105........................  Records, Monitoring and           12/29/12  ...............................
                                      Reporting.
173-400-110........................  New Source Review (NSR)           12/29/12  Except: 173-400-
                                      for Sources and Portable                    110(1)(c)(ii)(C); 173-400-
                                      Sources.                                    110(1)(e); 173-400-110(2)(d);
                                                                                --The part of WAC 173-400-
                                                                                110(4)(b)(vi) that says, ``not
                                                                                for use with materials
                                                                                containing toxic air
                                                                                pollutants, as listed in
                                                                                chapter 173-460 WAC,'';
                                                                                --The part of 400-
                                                                                110(4)(e)(iii) that says,
                                                                                ``where toxic air pollutants
                                                                                as defined in chapter 173-460
                                                                                WAC are not emitted'';
                                                                                --The part of 400-
                                                                                110(4)(e)(f)(i) that says,
                                                                                ``that are not toxic air
                                                                                pollutants listed in chapter
                                                                                173-460 WAC'';
                                                                                --The part of 400-
                                                                                110(4)(h)(xviii) that says,
                                                                                ``, to the extent that toxic
                                                                                air pollutant gases as defined
                                                                                in chapter 173-460 WAC are not
                                                                                emitted'';
                                                                                --The part of 400-
                                                                                110(4)(h)(xxxiii) that says,
                                                                                ``where no toxic air
                                                                                pollutants as listed under
                                                                                chapter 173-460 WAC are
                                                                                emitted'';
                                                                                --The part of 400-
                                                                                110(4)(h)(xxxiv) that says,
                                                                                ``, or <=1% (by weight) toxic
                                                                                air pollutants as listed in
                                                                                chapter 173-460 WAC'';
                                                                                --The part of 400-
                                                                                110(4)(h)(xxxv) that says,
                                                                                ``or <=1% (by weight) toxic
                                                                                air pollutants'';
                                                                                --The part of 400-
                                                                                110(4)(h)(xxxvi) that says,
                                                                                ``or <=1% (by weight) toxic
                                                                                air pollutants as listed in
                                                                                chapter 173-460 WAC''; 400-
                                                                                110(4)(h)(xl), second
                                                                                sentence;
                                                                                --The last row of the table in
                                                                                173-400-110(5)(b) regarding
                                                                                exemption levels for Toxic Air
                                                                                Pollutants.
173-400-111........................  Processing Notice of              12/29/12  Except: 173-400-111(3)(h);
                                      Construction Applications                  --The part of 173-400-
                                      for Sources, Stationary                     111(8)(a)(v) that says, ``and
                                      Sources and Portable                        173-460-040,''; 173-400-
                                      Sources.                                    111(9).
173-400-112........................  Requirements for New              12/29/12  Except: 173-400-112(8).
                                      Sources in Nonattainment
                                      Areas--Review for
                                      Compliance with
                                      Regulations.
173-400-113........................  New Sources in Attainment         12/29/12  Except: 173-400-113(3), second
                                      or Unclassifiable Areas--                   sentence.
                                      Review for Compliance
                                      with Regulations.
173-400-117........................  Special Protection                12/29/12  Except facilities subject to
                                      Requirements for Federal                    the applicability provisions
                                      Class I Areas.                              of WAC 173-400-700.
173-400-118........................  Designation of Class I,           12/29/12  ...............................
                                      II, and III Areas.
173-400-131........................  Issuance of Emission                4/1/11  ...............................
                                      Reduction Credits.
173-400-136........................  Use of Emission Reduction         12/29/12  ...............................
                                      Credits (ERC).
173-400-151........................  Retrofit Requirements for          2/10/05  ...............................
                                      Visibility Protection.
173-400-171........................  Public Notice and                 12/29/12  Except:
                                      Opportunity for Public                     --The part of 173-400-171(3)(b)
                                      Comment.                                    that says, ``or any increase
                                                                                in emissions of a toxic air
                                                                                pollutant above the acceptable
                                                                                source impact level for that
                                                                                toxic air pollutant as
                                                                                regulated under chapter 173-
                                                                                460 WAC''; 173-400-171(12).
173-400-175........................  Public Information........         2/10/05  ...............................
173-400-200........................  Creditable Stack Height &          2/10/05  ...............................
                                      Dispersion Techniques.

173-400-560........................  General Order of Approval.        12/29/12  Except:
                                                                                --The part of 173-400-560(1)(f)
                                                                                that says, ``173-460 WAC''.
173-400-800........................  Major Stationary Source             4/1/11  ...............................
                                      and Major Modification in
                                      a Nonattainment Area.
173-400-810........................  Major Stationary Source           12/29/12  ...............................
                                      and Major Modification
                                      Definitions.
173-400-820........................  Determining if a New              12/29/12  ...............................
                                      Stationary Source or
                                      Modification to a
                                      Stationary Source is
                                      Subject to these
                                      Requirements.
173-400-830........................  Permitting Requirements...        12/29/12  ...............................
173-400-840........................  Emission Offset                   12/29/12  ...............................
                                      Requirements.
173-400-850........................  Actual Emissions Plantwide        12/29/12  ...............................
                                      Applicability Limitation
                                      (PAL).
173-400-860........................  Public Involvement                  4/1/11  ...............................
                                      Procedures.
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B. Regulations To Approve But Not Incorporate by Reference

    In addition to the regulations proposed for approval and
incorporation by reference above, the EPA reviews and approves state
and local clean air agency submissions to ensure they provide adequate
enforcement authority and other general authority to implement and
enforce the SIP. However, regulations describing such agency
enforcement and other general authority are generally not incorporated
by reference so as to avoid potential conflict with the EPA's
independent authorities. The EPA has reviewed and is proposing to
approve BCAA, Regulation 1, Article 2, General Provisions, as having
adequate enforcement and other general authority for purposes of
implementing and enforcing its SIP, but is not incorporating this
section by reference into the SIP codified in 40 CFR 52.2470(c).
Instead, the EPA is proposing to include sections 2.01, Powers and
Duties of the Benton Clean Air Agency (BCAA); 2.02, Requirements for
Board of Directors Members (replaces WAC 173-400-220); 2.03, Powers and
Duties of the Board of Directors; 2.04, Powers and Duties of the
Control Officer; 2.05, Severability; and 2.06, Confidentiality of
Records and Information, in 40 CFR 52.2470(e), EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures, as approved but
not incorporated by reference regulatory provisions. Finally, for the
reasons discussed above, the EPA is proposing to move WAC 173-400-230,
Regulatory Actions; WAC 173-400-240, Criminal Penalties; WAC 173-400-
250, Appeals; and WAC 173-400-260, Conflict of Interest, currently
incorporated by reference in 40 CFR 52.2470(c)--Table 4, to the list of
provisions in 40 CFR 52.2470(e) that are approved but not incorporated
by reference.

C. Regulations To Remove From the SIP

    The regulations contained in Washington's SIP at 40 CFR
52.2470(c)--Table 4 were last approved by the EPA on June 2, 1995 (60
FR 28726). The EPA is proposing to remove from this table WAC 173-400-
010 and 173-400-020 because these provisions will be replaced by the
BCAA corollaries 1.02, Policy and Purpose and 1.03, Applicability, as
shown in Attachment 2 of the SIP revision. We are also proposing to
remove WAC 173-400-100, because this outdated provision is no longer
part of the EPA-approved SIP for Ecology's direct jurisdiction under
CFR 52.2470(c)--Table 2 and BCAA has requested that it be removed from
the BCAA's jurisdiction under CFR 52.2470(c)--Table 4. For more
information please see the EPA's proposed (79 FR 39351, July 10, 2014)
and final (79 FR 59653, October 3, 2014) actions on the general
provisions of Chapter 173-400 WAC.

D. Scope of Proposed Action

    This proposed revision to the SIP applies specifically to the BCAA
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)--Table 4.
As discussed in the EPA's proposed (79 FR 39351, July 10, 2014) and
final (79 FR 59653, October 3, 2014) actions on the general provisions
of Chapter 173-400 WAC, jurisdiction is generally defined on a
geographic basis (Benton County); however there are exceptions. By
statute, BCAA does not have authority for sources under the
jurisdiction of the Energy Facilities Site Evaluation Council (EFSEC).
See Revised Code of Washington Chapter 80.50. Under the applicability
provisions of WAC 173-405-012, WAC 173-410-012, and WAC 173-415-012,
BCAA also does not have jurisdiction for kraft pulp mills, sulfite
pulping mills, and primary aluminum plants. For these sources, Ecology
retains statewide, direct jurisdiction. Ecology also retains statewide,
direct jurisdiction for the Prevention of Significant Deterioration
(PSD) permitting program. Therefore, the EPA is not approving into 40
CFR 52.2470(c)--Table 4 those provisions of Chapter 173-400 WAC related
to the PSD program. Specifically, these provisions are WAC 173-400-116
and WAC 173-400-700 through 750.
    As described in the EPA's April 29, 2015 final action, jurisdiction
to implement the visibility permitting program contained in WAC 173-
400-117 varies depending on the situation. Ecology retains authority to
implement WAC 173-400-117 as it relates to PSD permits (80 FR 23721).
However for facilities subject to nonattainment new source review
(NNSR) under the applicability provisions of WAC 173-400-800, we are
proposing that BCAA would be responsible for implementing those parts
of WAC 173-400-117 as they relate to NNSR permits. See 80 FR 23726.
    Lastly, the SIP is not approved to apply in Indian reservations in
the State, except for non-trust land within the exterior boundaries of
the Puyallup Indian Reservation (also known as the 1873 Survey Area),
or any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction.

IV. Incorporation by Reference

    In accordance with requirements of 1 CFR 51.5, the EPA is proposing
to revise

our incorporation by reference of 40 CFR 52.2470(c)--Table 4
``Additional Regulations Approved for the Benton Clean Air Agency
(BCAA) Jurisdiction'' to reflect the regulations shown in the tables in
section III.A. Regulations to Approve and Incorporate by Reference into
the SIP and the rules proposed for removal from the SIP in section
III.C. Regulations to Remove from the SIP. The EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).

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);
     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 the requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it will not impose substantial direct costs on tribal
governments or preempt tribal law. As discussed above, the SIP is not
approved to apply in Indian reservations in the state, except for non-
trust land within the exterior boundaries of the Puyallup Indian
Reservation (also known as the 1873 Survey Area), or any other area
where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction.

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: September 2, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2015-23144 Filed 9-14-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Proposed Rules]
[Pages 83881-83882]
[FR Doc No: 2020-28467]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

49 CFR Part 13

[Docket No. DOT-OST-2020-0229]
RIN 2105-AE97

Procedures for Considering Environmental Impacts

AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).

ACTION: Notification of denial of request for extension of comment
period.

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SUMMARY: This document denies the request to extend the comment period
on the U.S. Department of Transportation (DOT) notice of proposed
rulemaking (NPRM) on Procedures for Considering Environmental Impacts.
This NPRM contains the Department's procedures implementing the
National Environmental Policy Act and outlines the Department's
internal policies and procedures for environmental reviews of DOT's
actions. The NPRM was published in the Federal Register on November 23,
2020.

DATES: The closing date for comments on the notice of proposed
rulemaking published on November 23, 2020 (85 FR 74640), remains
December 23, 2020.

ADDRESSES: You may review the petitions to extend the public comment
period and other comments under Docket Number DOT-OST-2020-0229 through
the Federal Regulations website at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: April Marchese, Director,
Infrastructure Permitting Improvement Center,<PHONE_NUMBER>,
<EMAIL_ADDRESS>or Krystyna Bednarczyk, Office of the General
Counsel,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On November 23, 2020, the U.S. Department of
Transportation (DOT or Department) issued a notice of proposed
rulemaking (NPRM) (85 FR 7460) to codify the Department's procedures
implementing the National Environmental Policy Act (NEPA). This NPRM
would codify internal policies applicable to the Department's
performance of environmental reviews. The NPRM would direct the
Department's Operating Administrations to update their procedures
consistent with regulations issued by the Council on Environmental
Quality (CEQ), 40 CFR parts 1500-1508, and the Department's own
implementing procedures, when finalized. The Department's existing
procedures, which are contained in an internal order, have not been
updated since 1985 and are inconsistent with current practice, and
thus, modifications and changes are needed to make DOT's regulations
consistent with intervening statutory and policy changes. This NPRM
would codify existing processes and policies and ensure consistency
with CEQ regulations published in July 2020 and effective as of
September 14, 2020 (85 FR 43304 (July 16, 2020)).
    To date, DOT has received four petitions to extend the comment
period, each asking for different lengths of an extension. Petitioners
note that the comment period for the NPRM coincides with the holiday
season. In addition, petitioners cite the coronavirus disease (COVID-
19) public health emergency as an unprecedented circumstance
necessitating the extension of the comment period.
    While DOT appreciates the concerns raised by the petitioners, we
decline to extend the comment period for this rulemaking. The changes
proposed by the NPRM would incorporate best practices, codify internal
processes, provide conforming updates based on CEQ regulations, and
provide consistency across the Department. The NPRM does not propose
major discretionary changes to the way the Department analyzes the
effects of proposed actions or ranges of alternatives; nor would the
NPRM modify any analyses done in the Section 4(f) analysis.
    DOT believes there is a strong interest in the timely issuance of
these procedures to allow for the DOT Operating Administrations to
issue their own procedural updates in accordance with the CEQ
regulations. CEQ regulations at 40 CFR 1507.3(b) require Federal
agencies to develop or revise, as necessary, procedures to implement
the CEQ regulations, including eliminating any inconsistencies with the
CEQ regulations by September 14, 2021. Before that date, DOT must
review comments received on this pending NPRM and, based on the
comments received, develop a final rule that would set the minimum
standard for all of the Department's procedures to follow. Once this
NPRM is finalized, DOT Operating Administrations can begin to update
their own procedures, many of which will also require notice and an
opportunity for public comment before they can also be finalized.
Individuals will have the opportunity to comment further on these
implementing procedures, which will be more detailed than this NPRM and
specifically tailored to the unique environmental programs overseen by
each DOT Operating Administration.
    The Department further acknowledges that DOT administrative policy
provides that ``Generally, absent special considerations, the comment
period for . . . significant DOT rules should be at least 45 days''
(emphasis added) (49 CFR 5.13(i)(3)). For the reasons cited above, DOT
found special considerations exist that necessitate a comment period
less than 45 days for this NPRM, which was designated significant by
the Office of Management and Budget. DOT therefore denies the petitions
to extend the comment period.

    Issued in Washington, DC, on December 18, 2020, under authority
delegated in 49 CFR 1.23.
Steven G. Bradbury,
General Counsel (and performing the functions and duties of Deputy
Secretary).
[FR Doc. 2020-28467 Filed 12-22-20; 8:45 am]
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[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Proposed Rules]
[Pages 40213-40215]
[FR Doc No: 2016-14374]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0726; Airspace Docket No. 14-ASO-9]

Proposed Amendment of Class D and E Airspace, and Revocation of
Class E Airspace; Troy, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D and E airspace, and
remove Class E airspace designated as an extension at Troy Municipal
Airport at N. Kenneth Campbell Field (formerly Troy Municipal Airport),
Troy, AL. The Troy VHF Omnidirectional Radio Range (VOR) has been
decommissioned, therefore Class E extension airspace is no longer
needed, and new Standard Instrument Approach Procedures have been
developed for Class D airspace and Class E airspace extending upward
from 700 feet above the surface at the airport. This action would
enhance the safety and airspace management of Instrument Flight Rules
(IFR) operations at the airport. This action also would update the
geographic coordinates of the airport and recognize the name change of
the airport.

DATES: Comments must be received on or before August 5, 2016.

ADDRESSES: Send comments on this proposal to: U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Bldg Ground Floor Rm W12-140, Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2014-0726; Airspace Docket No. 14-ASO-9, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov. You may review the public
docket containing the proposal, any comments received, and any final
disposition in person in the Dockets Office between 9:00 a.m. and 5:00
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. For further information,

you can contact the Airspace Policy Group, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.9Z at NARA, call 202-
741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; 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 proposed 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 would amend Class E airspace at Troy Municipal Airport
at N. Kenneth Campbell Field, Troy, AL.

Comments Invited

    Interested persons are invited to comment on this rule 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-2014-0726; Airspace Docket No. 14-ASO-9) 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.
    Persons 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 Docket
No. FAA-2014-0726; Airspace Docket No. 14-ASO-9.'' The postcard will be
date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. 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 from and
comments submitted through 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 address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
Holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except Federal Holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, Georgia 30337. Persons
interested in being placed on a mailing list for future NPRM's should
contact the FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a
copy of Advisory circular No. 11-2A, Notice of Proposed Rulemaking
distribution System, which describes the application procedure.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.9Z, Airspace
Designations and Reporting Points, dated August 6, 2015, and effective
September 15, 2015. FAA Order 7400.9Z is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to amend Class E airspace extending upward
from 700 feet above the surface, at Troy Municipal Airport at N.
Kenneth Campbell Field, formerly Troy Municipal Airport, Troy, AL, as
new Standard Instrument Approach Procedures have been developed
requiring airspace redesign. Additionally, Class E airspace designated
as an extension to Class D surface area would be removed due to the
decommissioning of the Troy VOR and cancellation of the VOR approaches.
For the Class D and E airspace areas above the geographic coordinates
of the airport would be amended to coincide with the FAAs aeronautical
database. This action is necessary for continued safety and management
of IFR operations at the airport.
    Class D and E airspace designations are published in Paragraphs
5000, 6004 and 6005, respectively, of FAA Order 7400.9Z, dated August
6, 2015, and effective September 15, 2015, which is incorporated by
reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
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
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal would be subject to an environmental analysis in
accordance with FAA Order 1050.1F, paragraph 5.6.5a, ``Environmental
Impacts:

Policies and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, 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

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 Federal Aviation
Administration Order 7400.9Z, Airspace Designations and Reporting
Points, dated August 6, 2015, effective September 15, 2015, is amended
as follows:

Paragraph 5000 Class D Airspace

* * * * *

ASO AL D Troy, AL [Amended]

Troy Municipal Airport at N. Kenneth Campbell Field, AL
    (Lat. 31[deg]51'36'' N., long. 86[deg]00'50'' W.)

    That airspace extending upward from the surface to and including
2,900 feet MSL within a 5-mile radius of Troy Municipal Airport at
N. Kenneth Campbell Field. This Class D airspace area is effective
during 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 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

ASO AL E4 Troy, AL [Removed]

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

* * * * *

ASO AL E5 Troy, AL [Amended]

Troy Municipal Airport at N. Kenneth Campbell Field, AL
    (Lat. 31[deg]51'36'' N., long. 86[deg]00'50'' W.)
    That airspace extending upward from 700 feet above the surface
within a 7.6-mile radius of Troy Municipal Airport at N. Kenneth
Campbell Field and within 2-miles each side of a 070[deg] bearing
from the airport to 11.5-miles northeast of the airport, and within
2-miles each side of a 253[deg] bearing from the airport to 11.3-
miles southwest of the airport.

    Issued in College Park, Georgia, on June 9, 2016.
Ryan W. Almasy,
Manager, Operation Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2016-14374 Filed 6-20-16; 8:45 am]
BILLING CODE 4910-13-P