[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Rules and Regulations]
[Pages 65679-65680]
[FR Doc No: 2022-23725]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0232; Airspace Docket No. 19-AAL-47]
RIN 2120-AA66

Establishment of United States Area Navigation (RNAV) T-Route T-
378; Fort Yukon, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes RNAV T-route, T-378, in the vicinity
of Fort Yukon, AK in support of a large and comprehensive T-route
modernization project for the state of Alaska.

DATES: Effective date 0901 UTC, December 29, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it expands the availability of RNAV in Alaska and improve
the efficient flow of air traffic within the National Airspace System
by lessening the dependency on ground based navigation.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2022-0232 in the Federal Register (87 FR 16678; March 24, 2022),
establishing RNAV T-route, T-378, in the vicinity of Fort Yukon, AK in
support of a large and comprehensive T-route modernization project for
the state of Alaska. Interested parties were invited to participate in
this rulemaking effort by submitting comments on the proposal. No
comments were received.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11G dated August 19, 2022 and effective
September 15, 2022, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document will be published subsequently
in FAA Order JO 7400.11.

Differences From the NPRM

    The NPRM misidentified the BRION, AK, point as a waypoint (WP)
instead of a Fix. This rule corrects the error.
    In the first sentence, under ``The Proposal'' section, RNAV route
T-377 was incorrectly cited instead of T-378. The correct route number
is used in this rule.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by establishing RNAV T-route, T-
378, in the vicinity of Fort Yukon, AK in support of a large and
comprehensive T-route modernization project in the state of Alaska.
    The new route is described below.
    T-378: T-378 extends from the BRION, AK, Fix, located southeast of
the Bettles Airport, to the Fort Yukon, AK (FYU), VHF Omnidirectional
Range and Tactical Air Navigational System (VORTAC).
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

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.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 airspace action of establishing
RNAV route T-378 in the vicinity of Fort Yukon, AK qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points), and paragraph 5-6.5i, which categorically excludes from
further environmental review the establishment of new or revised air
traffic control procedures conducted at 3,000 feet or more above ground
level (AGL); procedures conducted below 3,000 feet AGL that do not
cause traffic to be routinely routed over noise sensitive areas;
modifications to currently approved procedures conducted below 3,000
feet AGL that do not significantly increase noise over

noise sensitive areas; and increases in minimum altitudes and landing
minima. As such, this action is not expected to result in any
potentially significant environmental impacts. In accordance with FAA
Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the
FAA has reviewed this action for factors and circumstances in which a
normally categorically excluded action may have a significant
environmental impact requiring further analysis. Accordingly, the FAA
has determined that no extraordinary circumstances exist that warrant
preparation of an environmental assessment or environmental impact
study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

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 14 CFR 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 JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6011 United States Area Navigation Routes

* * * * *

T-378 BRION, AK to Fort Yukon, AK (FYU) [New]

BRION, AK                     FIX                 (Lat. 66[deg]09'38.95'' N, long. 150[deg]12'25.77'' W)
ZUSPA, AK                     WP                  (Lat. 66[deg]18'20.43'' N, long. 147[deg]51'04.14'' W)
DUTKE, AK                     WP                  (Lat. 66[deg]25'02.96'' N, long. 146[deg]57'36.10'' W)
Fort Yukon, AK (FYU)          VORTAC              (Lat. 66[deg]34'27.31'' N, long. 145[deg]16'35.97'' W)

* * * * *

    Issued in Washington, DC, on October 26, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-23725 Filed 10-31-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47534-47535]
[FR Doc No: 2017-22045]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-0113]

The Prohibition of Distributing Free Samples of Tobacco Products;
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``The Prohibition of
Distributing Free Samples of Tobacco Products.'' The guidance provides
information intended to assist tobacco product manufacturers,
distributors, and retailers in complying with the regulations
prohibiting the distribution of free samples of tobacco products.

DATES: The announcement of the guidance is published in the Federal
Register on October 12, 2017.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time 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): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, 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-2017-D-0113 for ``The Prohibition of Distributing Free Samples of
Tobacco Products; Guidance for Industry; Availability.'' 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 Dockets Management Staff 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.'' The Agency 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 Dockets Management Staff. 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: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    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 Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of this guidance to the
Center for Tobacco Products, Food and Drug Administration, Document
Control Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave., Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a fax number to which
the guidance document may be sent. See the SUPPLEMENTARY INFORMATION
section for information on electronic access to the guidance.

FOR FURTHER INFORMATION CONTACT: Paul Hart or Samantha Loh Collado,
Center for Tobacco Products, Food and Drug Administration, 10903 New
Hampshire Ave., Document Control Center, Bldg. 71, Rm. G335, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``The Prohibition of Distributing Free Samples of Tobacco
Products.'' Title 21 of the CFR 1140.16(d)(1) prohibits, with a limited
exception, tobacco product manufacturers, distributors, and retailers
from distributing or causing to be distributed any free samples of
cigarettes, smokeless tobacco, or other tobacco products. This guidance
finalizes the draft guidance of the same title, which was made
available for public comment as noted in the Federal Register of
January 18, 2017 (82 FR 5583), and describes, among other things, FDA's
current thinking on how the prohibition of distributing free samples of
tobacco products applies to non-monetary exchanges, coupons and
discounts, membership and rewards programs, contests and games of
chance, and the business-to-business exchange of free samples.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on the prohibition of distributing free samples
of tobacco products. It does not establish any rights for any person
and is not binding on FDA or the public. You can use an alternative
approach if it satisfies the requirements of the applicable statutes
and regulations. This guidance is not subject to Executive Order 12866.

III. Electronic Access

    Persons with access to the internet may obtain an electronic
version of the guidance at either https://www.regulations.gov or
https://www.fda.gov/TobaccoProducts/Labeling/RulesRegulationsGuidance/default.htm.

    Dated: October 5, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-22045 Filed 10-11-17; 8:45 am]
BILLING CODE 4164-01-P


been implemented, or are not in themselves sufficient to protect
employee health. Employers also use respiratory protection under
emergency conditions involving, for example, the accidental release of
airborne contaminants. The amendments to OSHA's Respiratory Protection
Standard, and the Agency's substance-specific standards, specified in
this final rule will provide employers with critical information to use
when selecting respirators for employees exposed to airborne
contaminants found in general industry, construction, shipyard,
longshoring, and marine terminal workplaces. Since it is generally
recognized that different types of respiratory protective equipment
provide different degrees of protection against hazardous exposures,
proper respirator selection is of critical importance. Failure to
select the proper respirator for use against exposure to hazardous
substances may result in employees being overexposed to these
substances, thereby resulting in an increased incidence of cancer,
cardiovascular disease, and other illnesses. The APF and MUC provisions
in this final rule will greatly enhance an employer's ability to select
a respirator that will adequately protect employees.
    The Agency also developed the provisions of this final rule to be
feasible and cost effective, and is specifying them in terms of
objective criteria and the level of performance desired. In this
regard, section V of this preamble (``Summary of the Final Economic
Analysis and Regulatory Flexibility Screening Analysis'') provides the
benefits and costs of the final rule, and describes several other
alternatives as required by section 205 of the Unfunded Mandates Reform
Act of 1995 (2 U.S.C. 1535). Based on this information, OSHA concludes
that the APF and MUC provisions of the final rule constitute the most
cost-effective alternative for meeting its statutory objective of
reducing risk of adverse health effects to the extent feasible.
    Several benefits will accrue to respirator users and their
employers from this rulemaking. First, the standard benefits workers by
reducing their exposures to respiratory hazards. Improved respirator
selection augments previous improvements to the Respiratory Protection
Standard, such as better fit-test procedures and improved training,
contributing substantially to greater worker protection. At the time of
the 1998 revisions to the Respiratory Protection Standard, the Agency
estimated that the standard would avert between 843 and 9,282 work-
related injuries and illnesses annually, with a best estimate (expected
value) of 4,046 averted illnesses and injuries annually (63 FR 1173).
In addition, OSHA estimated that the standard would prevent between 351
and 1,626 deaths annually from cancer and many other chronic diseases,
including cardiovascular disease, with a best estimate (expected value)
of 932 averted deaths from these causes. The APFs in this rulemaking
will help ensure that these benefits are achieved, as well as provide
an additional degree of protection. These APFs also will reduce
employee exposures to several Sec.  6(b)(5) chemicals covered by
standards with outdated APF criteria, thereby reducing exposures to
chemicals such as asbestos, lead, cotton dust, and arsenic. While the
Agency did not quantify these benefits, it estimates that 29,655
employees would have a higher degree of respiratory protection under
this APF standard. Of these employees, an estimated 8,384 have exposure
to lead, 7,287 to asbestos, and 3,747 to cotton dust, all substances
with substantial health risks.
    In addition to health benefits, OSHA believes other benefits result
from the harmonization of APF specifications, thereby making compliance
with the respirator rule easier for employers. Employers also benefit
from greater administrative ease in proper respirator selection.
Employers no longer have to consult several sources and several OSHA
standards to determine the best choice of respirator, but can make
their choices based on a single, easily found

standard. Some employers who now hire consultants to aid in choosing
the proper respirator should be able to make this choice on their own
with the aid of this rule. In addition to having only one set of
numbers (i.e., APFs) to assist them with respirator selection for
nearly all substances, some employers may be able to streamline their
respirator stock by using one respirator type to meet their respirator
needs instead of several respirator types. The increased ease of
compliance also yields additional health benefits to employees using
respirators.

B. Paperwork Reduction Act

    After a thorough analysis of the final provisions, OSHA believes
that these provisions do not add to the existing collection-of-
information (i.e., paperwork) requirements regarding respirator
selection. OSHA determined that its existing Respiratory Protection
Standard at 29 CFR 1910.134 has two provisions that involve APFs and
also impose paperwork requirements on employers. These provisions
require employers to: Include respirator selection in their written
respiratory protection program (29 CFR 1910.134(c)(1)(i)); and inform
employees regarding proper respirator selection (29 CFR 1910.(k)(ii)).
The information on respirator selection addressed by these two
provisions must include a brief discussion of the purpose of APFs, and
how to use them in selecting a respirator that affords an employee
protection from airborne contaminants. The burden imposed by this
requirement remains the same whether employers currently use the APFs
published in the 1987 NIOSH RDL or the ANSI Z88.2-1992 Respiratory
Protection Standard, or implement the final APFs in this rulemaking.
Therefore, the use of APFs in the context of these two existing
respirator selection provisions does not require an additional
paperwork-burden determination because OSHA already accounted for this
burden under its existing Respiratory Protection Standard (see 63 FR
1152-1154; OMB Control Number 1218-0099).
    Both OSHA's existing Respiratory Protection Standard and the final
APF provisions require employers to use APFs as part of the respirator
selection process. This process includes obtaining information about
workplace exposure to an airborne contaminant, identifying the exposure
limit (e.g., permissible exposure limit) for the contaminant, using
this information to calculate the required level of protection (i.e.,
the APF), and referring to an APF table to determine which respirator
to select. Admittedly, this process involves the collection and use of
information, but it does not require employers to inform others, either
orally or in writing, about the process they use to select respirators
for individual employees, or the outcomes of this process. By not
requiring employers to communicate this information to others, OSHA
removed this process from the ambit of the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). In the alternative, even if
PRA-95 applies, the final provisions involve the same information
collection and use requirements with regard to APFs as the existing
standard (see paragraphs (d)(1) and (d)(3)(i) of 29 CFR 1910.134, and
the rationale for the existing APF requirements in the preamble to the
final Respiratory Protection Standard, 63 FR 1163 and 1203-1204).
Accordingly, the paperwork burden imposed by the final standard would
be equivalent to the burden already imposed under the existing
standard.

C. Federalism

    The Agency reviewed the final APF provisions according to the most
recent Executive Order on Federalism (Executive Order 13132, 64 FR
43225, August 10, 1999). This Executive Order requires that federal
agencies, to the extent possible, refrain from limiting state policy
options, consult with states before taking actions that restrict their
policy options, and take such actions only when clear constitutional
authority exists and the problem is of national scope. The Executive
Order allows federal agencies to preempt state law only with the
expressed consent of Congress. In such cases, federal agencies must
limit preemption of state law to the extent possible.
    Under section 18 of the Occupational Safety and Health Act (``the
Act''), Congress expressly provides OSHA with authority to preempt
state occupational safety and health standards to the extent that the
Agency promulgates a federal standard under section 6 of the Act.
Accordingly, section 18 of the Act authorizes the Agency to preempt
state promulgation and enforcement of requirements dealing with
occupational safety and health issues covered by OSHA standards unless
the state has an OSHA-approved occupational safety and health plan
(i.e., is a state-plan state) (see Gade v. National Solid Wastes
Management Association, 112 S. Ct. 2374 (1992)). Therefore, with
respect to states that do not have OSHA-approved plans, the Agency
concludes that this final rule conforms to the preemption provisions of
the Act. Additionally, section 18 of the Act prohibits states without
approved plans from issuing citations for violations of OSHA standards;
the Agency finds that this final rulemaking does not expand this
limitation.
    OSHA asserts that it has authority under Executive Order 13132 to
issue final APF requirements because the problems addressed by these
requirements are national in scope. As noted in section V (``Summary of
the Final Economic Analysis and Regulatory Flexibility Screening
Analysis'') of this preamble, hundreds of thousands of employers must
select appropriate respirators for millions of employees. These
employees are exposed to many different types and levels of airborne
contaminants found in general industry (including healthcare),
construction, shipyard, longshoring, and marine terminal workplaces.
Accordingly, OSHA concludes that the requirements in this final rule
will provide all covered employers in every state with critical
information to use when selecting respirators to protect their
employees from the risks of exposure to airborne contaminants. However,
while OSHA drafted the final APF and MUC requirements to protect
employees in every state, section 18(c)(2) of the Act permits state-
plan states to develop their own requirements to deal with any special
workplace problems or conditions, provided these requirements are at
least as effective as the requirements specified by this final rule.

D. State Plans

    The 26 states and territories with their own OSHA-approved
occupational safety and health plans must adopt provisions comparable
to the provisions in this final rule within six months after the Agency
publishes the rule. These State-Plan states and territories are:
Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto
Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington,
and Wyoming. Connecticut, New Jersey, New York, and the Virgin Islands
have OSHA-approved State Plans that apply to state and local government
employees only. Until a state-plan state promulgates its own comparable
provisions, federal OSHA will provide the state with interim
enforcement assistance, as appropriate.

E. Unfunded Mandates

    The Agency reviewed the final APF and MUC provisions according to
the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.)
and Executive Order 12875. As discussed in

section V (``Summary of the Final Economic Analysis and Regulatory
Flexibility Screening Analysis'') of this preamble, OSHA estimates that
compliance with this final rule will require private-sector employers
to expend about $4.6 million each year. However, while this final rule
establishes a federal mandate in the private sector, it is not a
significant regulatory action within the meaning of section 202 of the
UMRA (2 U.S.C. 1532).
    OSHA standards do not apply to state and local governments, except
in states that have voluntarily elected to adopt an OSHA-approved state
occupational safety and health plan. Consequently, the provisions of
this final rule do not meet the definition of a ``Federal
intergovernmental mandate''(see section 421(5) of the UMRA (2 U.S.C.
658(5)). Therefore, based on a review of the rulemaking record, the
Agency believes that few, if any, of the affected employers are state,
local, and tribal governments. Therefore, the requirements of this
final rule do not impose unfunded mandates on state, local, and tribal
governments.

F. Applicability of Existing Consensus Standards

    Section 6(b)(8) of the Occupational Safety and Health Act (29
U.S.C. 655(b)(8)) requires OSHA to explain ``why a rule promulgated by
the Secretary differs substantially from an existing national consensus
standard,'' by publishing ``a statement of the reasons why the rule as
adopted will better effectuate the purposes of the Act than the
national consensus standard.'' Regarding APFs, the American National
Standard Institute (ANSI) issued in 1992 is the only publicly available
consensus standard (i.e., ANSI Z88.2-1992, ``Respiratory Protection'')
that provided APFs for the various respirators covered by this final
rule (i.e., ``the 1992 ANSI APFs'') (Ex. 1-50). However, ANSI withdrew
this consensus standard in 2003, and it has yet to officially adopt a
replacement standard.
    The Agency relied heavily on the 1992 ANSI APFs in developing this
final standard. Nevertheless, the APFs specified in this final rule
differ in important ways from the 1992 ANSI APFs. For example, the APFs
for full facepiece air-purifying respirators differ substantially
between the two standards. Additionally, the APF of 1,000 for powered
air-purifying respirators with helmets or hoods listed in Table 1 of
this final rule is based on achieving specific test results, while the
1992 ANSI APF for this respirator class is not contingent on any test
results. As noted above in section VI of the preamble to this final
rule (``Summary and Explanation of the Final Standard''), OSHA has
determined that the differences between the APFs specified in this
final rule and the 1992 ANSI APFs will afford employees increased
protection when they are exposed to hazardous airborne contaminants.
Therefore, the Agency did not adopt outright the 1992 ANSI APFs under
this final rule.
    In addition to the differences between the APF standards described
in the previous paragraph, use of the 1992 ANSI APFs depends on meeting
six other respirator-selection provisions, several of which differ
substantially from the respirator-selection provisions specified in
OSHA's Respiratory Protection Standard. In this regard, use of the 1992
ANSI APFs is contingent on ``the nature of the hazardous operation or
process,'' ``the location of the hazardous area in relation to the
nearest area having respirable air,'' ``the activities of workers in
hazardous areas,'' and ``the physical characteristics and functional
capabilities and limitations of the various types of respirators'';
none of these conditions is specified in this manner in the Agency's
Respiratory Protection Standard. Revising OSHA's Respiratory Protection
Standard to accommodate the six respirator-selection provisions that
are an integral part of the 1992 ANSI APFs is beyond the scope of this
rulemaking, which provides additional justification for the Agency not
adopting directly the 1992 ANSI APFs.
    Finally, the APFs adopted here represent a clear enforceable
requirement, not merely a recommendation. When employers and employees
can easily determine what respirator is appropriately protective,
compliance is simplified and enhanced.

List of Subjects in 29 CFR Parts 1910, 1915, and 1926

    Assigned protection factors, Airborne contaminants, Health,
Occupational safety and health, Respirators, Respirator selection.

Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Ave.,
NW., Washington, DC 20210, directed the preparation of this notice. The
Agency issues these final sections under the following authorities:
Sections 4, 6(b), 8(c), and 8(g) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Section 3704 of the Contract
Work Hours and Safety Standards Act (the Construction Safety Act) (40
U.S.C. 3701 et seq.); Section 41, the Longshore and Harbor Worker's
Compensation Act (33 U.S.C. 941); Secretary of Labor's Order No. 5-2002
(67 FR 65008); and 29 CFR part 1911.

    Signed at Washington, DC on August 9, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.

VIII. Amendments to Standards

0
For the reasons stated in the preamble of this final rule, the Agency
is amending 29 CFR parts 1910, 1915, and 1926 to read as follows:

PART 1910--[AMENDED]

Subpart I--[Amended]

0
1. Revise the authority citation for subpart I of part 1910 to read as
follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657); and Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (62 FR
50017), or 5-2002 (67 FR 65008), as applicable.
    Sections 1910.132, 1910.134, and 1910.138 of 29 CFR also issued
under 29 CFR part 1911.
    Sections 1910.133, 1910.135, and 1910.136 of 29 CFR also issued
under 29 CFR part 1911 and 5 U.S.C. 553.

0
2. Amend Sec.  1910.134 as follows:
0
a. Add the text of the definitions for ``Assigned protection factor
(APF)'' and ``Maximum use concentration (MUC)'' to paragraph (b);
0
b. Add the text of paragraphs (d)(3)(i)(A), including Table 1, and
(d)(3)(i)(B); and
0
c. Revise paragraph (n).
    The added and revised text reads as follows:

Sec.  1910.134  Respiratory protection.

* * * * *
    (b) * * *
    Assigned protection factor (APF) means the workplace level of
respiratory protection that a respirator or class of respirators is
expected to provide to employees when the employer implements a
continuing, effective respiratory protection program as specified by
this section.
* * * * *
    Maximum use concentration (MUC) means the maximum atmospheric
concentration of a hazardous substance from which an employee can be
expected to be protected when wearing a respirator, and is determined
by the assigned protection factor of the respirator or class of
respirators and the

exposure limit of the hazardous substance. The MUC can be determined
mathematically by multiplying the assigned protection factor specified
for a respirator by the required OSHA permissible exposure limit,
short-term exposure limit, or ceiling limit. When no OSHA exposure
limit is available for a hazardous substance, an employer must
determine an MUC on the basis of relevant available information and
informed professional judgment.
* * * * *
    (d) * * *
    (3) * * *
    (i) * * *
    (A) Assigned Protection Factors (APFs). Employers must use the
assigned protection factors listed in Table 1 to select a respirator
that meets or exceeds the required level of employee protection. When
using a combination respirator (e.g., airline respirators with an air-
purifying filter), employers must ensure that the assigned protection
factor is appropriate to the mode of operation in which the respirator
is being used.

                                    Table 1.--Assigned Protection Factors \5\
----------------------------------------------------------------------------------------------------------------
                                                                                Loose-
           Type of respirator \1,\\2\              Quarter     Half mask       Full     Helmet/hood    fitting
                                                     mask                   facepiece                 facepiece
----------------------------------------------------------------------------------------------------------------
1. Air-Purifying Respirator....................            5       \3\ 10           50  ...........  ...........
2. Powered Air-Purifying Respirator (PAPR).....  ...........           50        1,000      \4\ 25/           25
                                                                                1,000
3. Supplied-Air Respirator (SAR) or Airline
 Respirator
     Demand mode.......................  ...........           10           50  ...........  ...........
     Continuous flow mode..............  ...........           50        1,000      \4\ 25/           25
                                                                                1,000
     Pressure-demand or other positive-  ...........           50        1,000  ...........  ...........
     pressure mode.............................
4. Self-Contained Breathing Apparatus (SCBA)
     Demand mode.......................  ...........           10           50           50  ...........
     Pressure-demand or other positive-  ...........  ...........       10,000       10,000  ...........
     pressure mode (e.g., open/closed circuit).
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Employers may select respirators assigned for use in higher workplace concentrations of a hazardous
  substance for use at lower concentrations of that substance, or when required respirator use is independent of
  concentration.
\2\ The assigned protection factors in Table 1 are only effective when the employer implements a continuing,
  effective respirator program as required by this section (29 CFR 1910.134), including training, fit testing,
  maintenance, and use requirements.
\3\ This APF category includes filtering facepieces, and half masks with elastomeric facepieces.
\4\ The employer must have evidence provided by the respirator manufacturer that testing of these respirators
  demonstrates performance at a level of protection of 1,000 or greater to receive an APF of 1,000. This level
  of performance can best be demonstrated by performing a WPF or SWPF study or equivalent testing. Absent such
  testing, all other PAPRs and SARs with helmets/hoods are to be treated as loose-fitting facepiece respirators,
  and receive an APF of 25.
\5\ These APFs do not apply to respirators used solely for escape. For escape respirators used in association
  with specific substances covered by 29 CFR 1910 subpart Z, employers must refer to the appropriate substance-
  specific standards in that subpart. Escape respirators for other IDLH atmospheres are specified by 29 CFR
  1910.134 (d)(2)(ii).

    (B) Maximum Use Concentration (MUC). (1) The employer must select a
respirator for employee use that maintains the employee's exposure to
the hazardous substance, when measured outside the respirator, at or
below the MUC.
    (2) Employers must not apply MUCs to conditions that are
immediately dangerous to life or health (IDLH); instead, they must use
respirators listed for IDLH conditions in paragraph (d)(2) of this
standard.
    (3) When the calculated MUC exceeds the IDLH level for a hazardous
substance, or the performance limits of the cartridge or canister, then
employers must set the maximum MUC at that lower limit.
* * * * *
    (n) Effective date. Paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of
this section become effective November 22, 2006.
* * * * *

Subpart Z--[Amended]

0
3. Revise the authority citation for subpart Z of part 1910 to read as
follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of
Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), or 3-2000 (62 FR
50017); and 29 CFR part 1911.
* * * * *

0
4. Amend Sec.  1910.1001 by:
0
a. Removing Table 1 in paragraph (g)(3);
0
b. Redesignating Table 2 in paragraph (l)(3)(ii) as Table 1;
0
c. Removing the reference to ``Table 2'' in paragraph (l)(3)(ii) and
adding ``Table 1'' in its place; and
0
d. Revising paragraphs (g)(2)(ii) and (g)(3).
    The revisions read as follows:

Sec.  1910.1001  Asbestos.

* * * * *
    (g) * * *
    (2) * * *
    (ii) Employers must provide an employee with a tight-fitting,
powered air-purifying respirator (PAPR) instead of a negative pressure
respirator selected according to paragraph (g)(3) of this standard when
the employee chooses to use a PAPR and it provides adequate protection
to the employee.
* * * * *
    (3) Respirator selection. Employers must:
    (i) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134; however,
employers must not select or use filtering facepiece respirators for
protection against asbestos fibers.
    (ii) Provide HEPA filters for powered and non-powered air-purifying
respirators.
* * * * *

0
5. In Sec.  1910.1017, remove the table in paragraph (g)(3)(i), remove
paragraph (g)(3)(iii), and revise paragraph (g)(3)(i) to read as
follows:

Sec.  1910.1017  Vinyl chloride.

* * * * *
    (g) * * *
    (3) * * *
    (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.

    (B) Provide an organic vapor cartridge that has a service life of
at least one hour when using a chemical cartridge respirator at vinyl
chloride concentrations up to 10 ppm.
    (C) Select a canister that has a service life of at least four
hours when using a powered air-purifying respirator having a hood,
helmet, or full or half facepiece, or a gas mask with a front-or back-
mounted canister, at vinyl chloride concentrations up to 25 ppm.
* * * * *
0
6. In Sec.  1910.1018, remove Tables I and II and paragraph (h)(3)(ii),
redesignate paragraph (h) (3)(iii) as paragraph (h)(3)(ii), and revise
paragraph (h)(3)(i) to read as follows:

Sec.  1910.1018  Inorganic arsenic.

* * * * *
    (h) * * *
    (3) * * *
    (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Ensure that employees do not use half mask respirators for
protection against arsenic trichloride because it is absorbed rapidly
through the skin.
    (C) Provide HEPA filters for powered and non-powered air-purifying
respirators.
    (D) Select for employee use:
    (1) Air-purifying respirators that have a combination HEPA filter
with an appropriate gas-sorbent cartridge or canister when the
employee's exposure exceeds the permissible exposure level for
inorganic arsenic and the relevant limit for other gases.
    (2) Front-or back-mounted gas masks equipped with HEPA filters and
acid gas canisters or any full facepiece supplied-air respirators when
the inorganic arsenic concentration is at or below 500 mg/m\3\; and
half mask air-purifying respirators equipped with HEPA filters and acid
gas cartridges when the inorganic arsenic concentration is at or below
100 [mu]g/m\3\.
* * * * *

0
7. In Sec.  1910.1025, remove Table II in paragraph (f)(2)(ii) and
revise paragraphs (f)(3)(i) and (f)(3)(ii) to read as follows:

Sec.  1910.1025  Lead.

* * * * *
    (f) * * *
    (3) * * *
    (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Provide employees with full facepiece respirators instead of
half mask respirators for protection against lead aerosols that cause
eye or skin irritation at the use concentrations.
    (C) Provide HEPA filters for powered and non-powered air-purifying
respirators.
    (ii) Employers must provide employees with a powered air-purifying
respirator (PAPR) instead of a negative pressure respirator selected
according to paragraph (f)(3)(i) of this standard when an employee
chooses to use a PAPR and it provides adequate protection to the
employee as specified by paragraph (f)(3)(i) of this standard.
* * * * *

0
8. In Sec.  1910.1027, remove Table 2 in paragraph (g)(3)(i) and revise
paragraph (g)(3)(i) to read as follows:

Sec.  1910.1027  Cadmium.

* * * * *
    (g) * * *
    (3) * * *
    (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Provide employees with full facepiece respirators when they
experience eye irritation.
    (C) Provide HEPA filters for powered and non-powered air-purifying
respirators.
* * * * *

0
9. In Sec.  1910.1028, remove Table 1 in paragraph (g)(3)(ii) and
revise paragraphs (g)(2)(i) and (g)(3)(i) to read as follows:

Sec.  1910.1028  Benzene.

* * * * *
    (g) * * *
    (2) * * *
    (i) Employers must implement a respiratory protection program in
accordance with 29 CFR 1910.134 (b) through (d) (except (d)(1)(iii)),
and (f) through (m).
* * * * *
    (3) * * *
    (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Provide employees with any organic vapor gas mask or any self-
contained breathing apparatus with a full facepiece to use for escape.
    (C) Use an organic vapor cartridge or canister with powered and
non-powered air-purifying respirators, and a chin-style canister with
full facepiece gas masks.
    (D) Ensure that canisters used with non-powered air-purifying
respirators have a minimum service life of four hours when tested at
150 ppm benzene at a flow rate of 64 liters per minute (LPM), a
temperature of 25 [deg]C, and a relative humidity of 85%; for canisters
used with tight-fitting or loose-fitting powered air-purifying
respirators, the flow rates for testing must be 115 LPM and 170 LPM,
respectively.
* * * * *

0
10. In Sec.  1910.1029, remove Table I in paragraph (g)(3) and revise
paragraph (g)(3) to read as follows:

Sec.  1910.1029  Coke oven emissions.

* * * * *
    (g) * * *
    (3) Respirator selection. Employers must select, and provide to
employees, the appropriate respirators specified in paragraph
(d)(3)(i)(A) of 29 CFR 1910.134; however, employers may use a filtering
facepiece respirator only when it functions as a filter respirator for
coke oven emissions particulates.
* * * * *

0
11. In Sec.  1910.1043, remove Table I in paragraph (f)(3)(i) and
revise paragraphs (f)(3)(i) and (f)(3)(ii) to read as follows:

Sec.  1910.1043  Cotton dust.

* * * * *
    (f) * * *
    (3) * * *
    (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134; however,
employers must not select or use filtering facepieces for protection
against cotton dust concentrations greater than five times (5 x) the
PEL.
    (B) Provide HEPA filters for powered and non-powered air-purifying
respirators used at cotton dust concentrations greater than ten times
(10 x) the PEL.
    (ii) Employers must provide an employee with a powered air-
purifying respirator (PAPR) instead of a non-powered air-purifying
respirator selected according to paragraph (f)(3)(i) of this standard
when the employee chooses to use a PAPR and it provides adequate
protection to the employee as specified by paragraph (f)(3)(i) of this
standard.
* * * * *

0
12. In Sec.  1910.1044, remove Table 1 in paragraph (h)(3) and revise
paragraph (h)(3) to read as follows: Sec.  1910.1044 1,2-Dibromo-3-
chloropropane.
* * * * *
    (h) * * *

    (3) Respirator selection. Employers must:
    (i) Select, and provide to employees, the appropriate atmosphere-
supplying respirator specified in paragraph (d)(3)(i)(A) of 29 CFR
1910.134.
    (ii) Provide employees with one of the following respirator options
to use for entry into, or escape from, unknown DBCP concentrations:
    (A) A combination respirator that includes a supplied-air
respirator with a full facepiece operated in a pressure-demand or other
positive-pressure or continuous-flow mode, as well as an auxiliary
self-contained breathing apparatus (SCBA) operated in a pressure-demand
or positive-pressure mode.
    (B) An SCBA with a full facepiece operated in a pressure-demand or
other positive-pressure mode.
* * * * *

0
13. In Sec.  1910.1045, remove Table I in paragraph (h)(3) and revise
paragraphs (h)(2)(i) and (h)(3) to read as follows:

Sec.  1910.1045  Acrylonitrile.

* * * * *
    (h) * * *
    (2) * * *
    (i) Employers must implement a respiratory protection program in
accordance with 29 CFR 1910.134 (b) through (d) (except (d)(1)(iii)),
and (f) through (m).
* * * * *
    (3) Respirator selection. Employers must:
    (i) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (ii) For escape, provide employees with any organic vapor
respirator or any self-contained breathing apparatus permitted for use
under paragraph (h)(3)(i) of this standard.
* * * * *

0
14. In Sec.  1910.1047, remove Table 1 in paragraph (g)(3) and revise
paragraph (g)(3) to read as follows:

Sec.  1910.1047  Ethylene oxide.

* * * * *
    (g) * * *
    (3) Respirator selection. Employers must:
    (i) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134; however,
employers must not select or use half masks of any type because EtO may
cause eye irritation or injury.
    (ii) Equip each air-purifying, full facepiece respirator with a
front-or back-mounted canister approved for protection against ethylene
oxide.
    (iii) For escape, provide employees with any respirator permitted
for use under paragraphs (g)(3)(i) and (ii) of this standard.
* * * * *

0
15. In Sec.  1910.1048, remove Table 1 in paragraph (g)(3)(i) and
revise paragraphs (g)(2) and (g)(3) to read as follows:

Sec.  1910.1048  Formaldehyde.

* * * * *
    (g) * * *
    (2) Respirator program. (i) Employers must implement a respiratory
protection program in accordance with 29 CFR 1910.134 (b) through (d)
(except (d)(1)(iii)), and (f) through (m).
    (ii) When employees use air-purifying respirators with chemical
cartridges or canisters that do not contain end-of-service-life
indicators approved by the National Institute for Occupational Safety
and Health, employers must replace these cartridges or canisters as
specified by paragraphs (d)(3)(iii)(B)(1) and (B)(2) of 29 CFR
1910.134, or at the end of the workshift, whichever condition occurs
first.
    (3) Respirator selection. (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Equip each air-purifying, full facepiece respirator with a
canister or cartridge approved for protection against formaldehyde.
    (C) For escape, provide employees with one of the following
respirator options: A self-contained breathing apparatus operated in
the demand or pressure-demand mode; or a full facepiece respirator
having a chin-style, or a front-or back-mounted industrial-size,
canister or cartridge approved for protection against formaldehyde.
    (ii) Employers may substitute an air-purifying, half mask
respirator for an air-purifying, full facepiece respirator when they
equip the half mask respirator with a cartridge approved for protection
against formaldehyde and provide the affected employee with effective
gas-proof goggles.
    (iii) Employers must provide employees who have difficulty using
negative pressure respirators with powered air-purifying respirators
permitted for use under paragraph (g)(3)(i)(A) of this standard and
that affords adequate protection against formaldehyde exposures.
* * * * *

0
16. In Sec.  1910.1050, remove Table 1 in paragraph (h)(3)(i) and
revise paragraph (h)(3)(i) to read as follows:

Sec.  1910.1050  Methylenedianiline.

* * * * *
    (h) * * *
    (3) * * *
    (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Provide HEPA filters for powered and non-powered air-purifying
respirators.
    (C) For escape, provide employees with one of the following
respirator options: Any self-contained breathing apparatus with a full
facepiece or hood operated in the positive-pressure or continuous-flow
mode; or a full facepiece air-purifying respirator.
    (D) Provide a combination HEPA filter and organic vapor canister or
cartridge with powered or non-powered air-purifying respirators when
MDA is in liquid form or used as part of a process requiring heat.
* * * * *

0
17. In Sec.  1910.1052, remove Table 2 in paragraph (g)(3) and revise
paragraph (g)(3) to read as follows:

Sec.  1910.1052  Methylene chloride.

* * * * *
    (g) * * *
    (3) Respirator selection. Employers must:
    (i) Select, and provide to employees, the appropriate atmosphere-
supplying respirator specified in paragraph (d)(3)(i)(A) of 29 CFR
1910.134; however, employers must not select or use half masks of any
type because MC may cause eye irritation or damage.
    (ii) For emergency escape, provide employees with one of the
following respirator options: A self-contained breathing apparatus
operated in the continuous-flow or pressure-demand mode; or a gas mask
with an organic vapor canister.
* * * * *

PART 1915--[AMENDED]

0
18. Revise the authority citation for part 1915 to read as follows:

    Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (20 U.S.C. 653, 655, and
687); and Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76
(41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR
111), 3-2000 (62 FR 50017), or 5-2002 (67 FR 65008) as applicable.
    Sections 1915.120 and 1915.152 of 29 CFR also issued under 29
CFR part 1911.

Subpart Z--[Amended]

0
19. In Sec.  1915.1001, remove Table 1 in paragraph (h)(2)(iii) and
revise paragraph (h)(2) to read as follows:

Sec.  1915.1001  Asbestos.

* * * * *
    (h) * * *
    (2) Respirator selection. (i) Employers must select, and provide to
employees at no cost, the appropriate respirators specified in
paragraph (d)(3)(i)(A) of 29 CFR 1910.134; however, employers must not
select or use filtering facepiece respirators for use against asbestos
fibers.
    (ii) Employers are to provide HEPA filters for powered and non-
powered air-purifying respirators.
    (iii) Employers must:
    (A) Inform employees that they may require the employer to provide
a tight-fitting, powered air-purifying respirator (PAPR) permitted for
use under paragraph (h)(2)(i) of this standard instead of a negative
pressure respirator.
    (B) Provide employees with a tight-fitting PAPR instead of a
negative pressure respirator when the employees choose to use a tight-
fitting PAPR and it provides them with the required protection against
asbestos.
    (iv) Employers must provide employees with an air-purifying, half
mask respirator, other than a filtering facepiece respirator, whenever
the employees perform:
    (A) Class II or Class III asbestos work for which no negative
exposure assessment is available.
    (B) Class III asbestos work involving disturbance of TSI or
surfacing ACM or PACM.
    (v) Employers must provide employees with:
    (A) A tight-fitting, powered air-purifying respirator or a full
facepiece, supplied-air respirator operated in the pressure-demand mode
and equipped with either HEPA egress cartridges or an auxiliary
positive-pressure, self-contained breathing apparatus (SCBA) whenever
the employees are in a regulated area performing Class I asbestos work
for which a negative exposure assessment is not available and the
exposure assessment indicates that the exposure level will be at or
below 1 f/cc as an 8-hour time-weighted average (TWA).
    (B) A full facepiece, supplied-air respirator operated in the
pressure-demand mode and equipped with an auxiliary positive-pressure
SCBA whenever the employees are in a regulated area performing Class I
asbestos work for which a negative exposure assessment is not available
and the exposure assessment indicates that the exposure level will be
above 1 f/cc as an 8-hour TWA.
* * * * *

PART 1926--[AMENDED]

Subpart D--[Amended]

0
20. Revise the authority citation for subpart D of part 1926 to read as
follows:

    Authority: Section 3704 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701 et seq.); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and
657); Secretary of Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (62 FR 50017), or 5.2002 (67 FR 650008); as applicable; and 29
CFR part 11.
    Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued
under 5 U.S.C. 553 and 29 CFR part 1911.
    Section 1926.62 of 29 CFR also issued under section 1031 of the
Housing and Community Development Act of 1992 (42 U.S.C. 4853).
    Section 1926.65 of 29 CFR also issued under section 126 of the
Superfund Amendments and Reauthorization Act of 1986, as amended (29
U.S.C. 655 note), and 5 U.S.C. 553.

0
21. In Sec.  1926.60, remove Table 1 and revise paragraph (i)(3)(i) to
read as follows:

Sec.  1926.60  Methylenedianiline.

* * * * *
    (i) * * *
    (3) * * *
    (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Provide HEPA filters for powered and non-powered air-purifying
respirators.
    (C) For escape, provide employees with one of the following
respirator options: Any self-contained breathing apparatus with a full
facepiece or hood operated in the positive-pressure or continuous-flow
mode; or a full facepiece air-purifying respirator.
    (D) Provide a combination HEPA filter and organic vapor canister or
cartridge with air-purifying respirators when MDA is in liquid form or
used as part of a process requiring heat.
* * * * *

0
22. In Sec.  1926.62, remove Table 1 in paragraph (f)(3)(ii) and revise
paragraph (f)(3)(i) to read as follows:

Sec.  1926.62  Lead.

* * * * *
    (f) * * *
    (3) * * *
    (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Provide employees with a full facepiece respirator instead of a
half mask respirator for protection against lead aerosols that may
cause eye or skin irritation at the use concentrations.
    (C) Provide HEPA filters for powered and non-powered air-purifying
respirators.
* * * * *

Subpart Z--[Amended]

0
23. Revise the authority citation for subpart Z of part 1926 to read as
follows:

    Authority: Section 3704 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701 et seq.); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (62 FR 50017), or 5-2002 (67 FR 65008) as applicable; and 29
CFR part 11.
    Section 1926.1102 of 29 CFR not issued under 29 U.S.C. 655 or 29
CFR part 1911; also issued under 5 U.S.C. 553.

0
24. In Sec.  1926.1101, remove Table 1 in paragraph (h)(3)(i) and
revise paragraph (h)(3) to read as follows:

Sec.  1926.1101  Asbestos.

* * * * *
    (h) * * *
    (3) Respirator selection. (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134; however,
employers must not select or use filtering facepiece respirators for
use against asbestos fibers.
    (B) Provide HEPA filters for powered and non-powered air-purifying
respirators.
    (ii) Employers must provide an employee with tight-fitting, powered
air-purifying respirator (PAPR) instead of a negative pressure
respirator selected according to paragraph (h)(3)(i)(A) of this
standard when the employee chooses to use a PAPR and it provides
adequate protection to the employee.
    (iii) Employers must provide employees with an air-purifying half
mask respirator, other than a filtering facepiece respirator, whenever
the employees perform:
    (A) Class II or Class III asbestos work for which no negative
exposure assessment is available.

    (B) Class III asbestos work involving disturbance of TSI or
surfacing ACM or PACM.
    (iv) Employers must provide employees with:
    (A) A tight-fitting powered air-purifying respirator or a full
facepiece, supplied-air respirator operated in the pressure-demand mode
and equipped with either HEPA egress cartridges or an auxiliary
positive-pressure, self-contained breathing apparatus (SCBA) whenever
the employees are in a regulated area performing Class I asbestos work
for which a negative exposure assessment is not available and the
exposure assessment indicates that the exposure level will be at or
below 1 f/cc as an 8-hour time-weighted average (TWA).
    (B) A full facepiece supplied-air respirator operated in the
pressure-demand mode and equipped with an auxiliary positive-pressure
SCBA whenever the employees are in a regulated area performing Class I
asbestos work for which a negative exposure assessment is not available
and the exposure assessment indicates that the exposure level will be
above 1 f/cc as an 8-hour TWA.
* * * * *

0
25. In Sec.  1926.1127, remove Table 1 in paragraph (g)(3)(i) and
revise paragraph (g)(3)(i) to read as follows:

Sec.  1926.1127  Cadmium.

* * * * *
    (g) * * *
    (3) * * *
    (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Provide employees with full facepiece respirators when they
experience eye irritation.
    (C) Provide HEPA filters for powered and non-powered air-purifying
respirators.
* * * * *
[FR Doc. 06-6942 Filed 8-23-06; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Notices]
[Page 15747]
[FR Doc No: 2012-6366]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP12-72-000; PF11-9-000]

Dominion Transmission, Inc.; Clarification of Notice of
Application

    On February 24, 2012, the Commission issued a Notice of Application
in the above referenced proceeding. This Notice clarifies that any
party wishing to obtain legal status by becoming a party to the
proceeding should file a motion to intervene prior to the close of the
comment date. Only parties to the proceeding can seek rehearing of the
Commission's order and then further ask for court review of Commission
orders in the proceeding.
    Additionally, persons only wishing to comment on the proceeding
should file their comments on any aspect of the application with the
Secretary of the Commission and the Commission will consider these
comments in determining the appropriate action to be taken. The filing
of a comment alone will not serve to make the filer a party to the
proceeding.
    In light of this clarification, comments will be due by 5 p.m.
Eastern Time on March 30, 2012.

    Dated: March 9, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-6366 Filed 3-15-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Page 80712]
[FR Doc No: 2023-25528]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2736-046]

Idaho Power Company; Notice of Tribal Consultation Meeting

    a. Project Name and Number: American Falls Hydroelectric Project
No. 2736-046.
    b. Applicant: Idaho Power Company.
    c. Date and Time of Meeting: November 27, 2023, from 11:00 a.m. to
12:30 p.m. Eastern Standard Time.
    d. FERC Contact: Golbahar Mirhosseini,
[email protected].
    e. Purpose of Meeting: Commission staff will hold a meeting with
staff from the Shoshone-Bannock Tribes to discuss the Tribe's comments
on scoping document and any concerns regarding the proposed American
Falls Hydroelectric Project. The meeting will be held remotely via
Microsoft Teams.
    f. All local, State, and Federal agencies, Native American Tribes,
and other interested parties are invited to attend the meeting;
however, participation will be limited to representation of the
Shoshone-Bannock Tribe and the Commission's representatives. A summary
of the meeting will be placed in the public record of this proceeding.
    g. Please email Golbahar Mirhosseini at
[email protected] by November 22, 2023 at 4:30 p.m. EST, to
RSVP and to receive specific instructions on how to participate.

    Dated: November 13, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-25528 Filed 11-17-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Notices]
[Page 20834-20835]
[DOCID:fr21ap10-52]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

April 13, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-586-000.
    Applicants: Natural Gas Pipeline Company of America, LLC.
    Description: Natural Gas Pipeline Company of America, LLC submits
amendment to the Firm Transportation and Storage Negotiated Rate
Agreement with CenterPoint Energy Minnesota Gas.
    Filed Date: 04/08/2010.
    Accession Number: 20100408-0205.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 20, 2010.

    Docket Numbers: RP10-587-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Midwestern Gas Transmission Company submits Eighth
Revised Sheet 1 et al. to its FERC Gas Tariff, Third Revised Volume 1,
to be effective 05/10/10.
    Filed Date: 04/08/2010.
    Accession Number: 20100408-0204
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 20, 2010.

    Docket Numbers: RP10-588-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits Second Revised
Sheet 2 et al. to its FERC Gas Tariff, Third Revised Volume 1, to be
effective 05/09/10.
    Filed Date: 04/09/2010.
    Accession Number: 20100409-0203.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: RP10-589-000.
    Applicants: Central Kentucky Transmission Company.
    Description: Central Kentucky Transmission Company submits First
Revised Sheet 2 et al. to its FERC Gas Tariff, Third Revised Volume 1,
to be effective 05/09/10.
    Filed Date: 04/09/2010.
    Accession Number: 20100409-0204.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: RP10-590-000.
    Applicants: Hardy Storage Company, LLC.
    Description: Hardy Storage Company, LLC submits First Revised Sheet
2 et al. to FERC Gas Tariff, Original Volume 1 to be effective 05/09/
10.
    Filed Date: 04/09/2010.
    Accession Number: 20100409-0202.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: RP10-591-000.
    Applicants: Crossroads Pipeline Company.
    Description: Crossroad Pipeline Company submits Fourth Revised
Sheet 2 et al. to its FERC Gas Tariff, First Revised Volume 1, to be
effective 05/09/10.
    Filed Date: 04/09/2010.
    Accession Number: 20100409-0205.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: RP10-592-000.
    Applicants: Columbia Gulf Transmission Company.
    Description: Columbia Gulf Transmission Company submits Third
Revised Sheet 2 et al. to its FERC Gas Tariff, Second Revised Volume 1,
to be effective 05/09/10.
    Filed Date: 04/09/2010.
    Accession Number: 20100409-0206.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: RP10-593-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
the transportation service agreements under Rate Schedule FT.
    Filed Date: 04/09/2010.
    Accession Number: 20100409-0218.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: RP10-594-000.
    Applicants: Garden Banks Gas Pipeline, LLC.
    Description: Garden Banks Gas Pipeline, LLC submits Fifth Revised
Sheet 0 et al. to its FERC Gas Tariff, Original Volume 1, to be
effective 05/10/10.
    Filed Date: 04/09/2010.
    Accession Number: 20100409-0219.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: RP10-595-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits tariff filing
per 154.203: Baseline Filing to be effective 04/09/10.
    Filed Date: 04/09/2010.
    Accession Number: 20100409-5087.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: RP10-596-000.
    Applicants: Northwest Pipeline GP.
    Description: Northwest Pipeline GP submits Second Revised Sheet 4
to FERC Gas Tariff, Fourth Revised Volume 1, to be effective 05/12/10.
    Filed Date: 04/12/2010.
    Accession Number: 20100413-0205.
    Comment Date: 5 p.m. Eastern Time on Monday, April 26, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's

eLibrary system by clicking on the appropriate link in the above list.
They are also available for review in the Commission's Public Reference
Room in Washington, DC. There is an eSubscription link on the web site
that enables subscribers to receive email notification when a document
is added to a subscribed docket(s). For assistance with any FERC Online
service, please email<EMAIL_ADDRESS>or call (866) 208-
3676 (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-9129 Filed 4-20-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Proposed Rules]
[Pages 5352-5354]
[FR Doc No: 2020-01584]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-1040; Airspace Docket No. 19-ASW-18]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Ada, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E airspace extending
upward from 700 feet above the surface at Ada Regional Airport, Ada,
OK. The FAA is proposing this action as the result of the
decommissioning of the

Ada VHF omnidirectional range (VOR) navigation aid, which provided
navigation information for the instrument procedures at this airport.
The name of the airport would also be updated to coincide with the
FAA's aeronautical database. Airspace redesign is necessary for the
safety and management of instrument flight rules (IFR) operations at
this airport.

DATES: Comments must be received on or before March 16, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2019-1040/Airspace Docket No. 19-ASW-18 at the beginning of your
comments. You may also submit comments through the internet at https://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.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://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 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, 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 would amend the Class E airspace extending upward from 700 feet
above the surface at Ada Regional Airport, Ada, OK, to support
instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2019-1040/
Airspace Docket No. 19-ASW-18.'' 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 through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by amending the Class E airspace area
extending upward from 700 feet above the surface to within a 6.6-mile
radius (increased from a 6.5-mile radius) at Ada Regional Airport, Ada,
OK; updating the name of the airport (previously Ada Municipal Airport)
to coincide with the FAA's aeronautical database; extending the
extension to the north of the airport to 10.4 miles north of the
airport (increased from 10.3 miles); and removing the Ada VOR and
associated extension from the airspace legal description.
    These actions are the result of airspace review caused by the
decommissioning of the Ada VOR, which provided navigation information
for the instrument procedures at this airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, 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.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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 will only affect air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
would not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

0
1. The authority citation for 14 CFR 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 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

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

* * * * *

ASW OK E5 Ada, OK [Amended]

Ada Regional Airport, OK
    (Lat. 34[deg]48'15'' N, long. 96[deg]40'16'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Ada Regional Airport, and within 4 miles
each side of the 000[deg] bearing from the airport extending from
the 6.6-mile radius to 10.4 miles north of the airport, and within 4
miles each side of the 180[deg] bearing from the airport extending
from the 6.6-mile radius to 10.9 miles south of the airport.

    Issued in Fort Worth, Texas, on January 22, 2020.
Steve Szukala,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-01584 Filed 1-29-20; 8:45 am]
BILLING CODE 4910-13-P