[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Rules and Regulations]
[Pages 71997-72002]
[FR Doc No: 2016-25164]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0499; FRL-9954-20-Region 9]

Approval and Promulgation of Implementation Plan; California;
Calaveras County, Chico (Butte County), San Francisco Bay Area and San
Luis Obispo County (Eastern San Luis Obispo) Base Year Emission
Inventories for the 2008 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the California State
Implementation Plan (SIP) concerning the base year emission inventories
(EIs) for four areas designated as nonattainment areas (NAAs) for the
2008 ozone National Ambient Air Quality Standards (2008 ozone NAAQS).
The subject areas include Calaveras County, Chico (Butte County), San
Francisco Bay Area and San Luis Obispo (Eastern San Luis Obispo). We
are approving these revisions under the Clean Air Act (CAA or ``the
Act'').

DATES: This rule is effective on December 19, 2016 without further
notice, unless the EPA receives adverse comments by November 18, 2016.
If we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0499 at http://www.regulations.gov, or via email to Nancy
Levin, Air Planning Office at<EMAIL_ADDRESS>For comments
submitted at Regulations.gov, follow the online instructions for
submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud or other file sharing system). For additional submission methods,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section. For the full EPA public comment policy, information
about CBI or multimedia submissions, and general guidance on making
effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Background
II. Summary and Analysis of the State's Submittal
    A. Statutory and Regulatory Requirements
    1. Procedural Requirements for Adoption and Submittal of SIP
Revisions
    2. Requirements for Base Year Inventories
    B. Summary of the State's Submittal
    1. Stationary Source Emissions
    2. Area-wide Source Emissions
    3. Off-Road Mobile Source Emissions
    4. Onroad Mobile Source Emissions
    C. The EPA's Evaluation of the State's Submittal
    1. Evaluation of Procedural Requirements
    2. Evaluation of Base Year Inventory Requirements
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. Background

    On March 12, 2008, the EPA strengthened the primary and secondary
eight-hour ozone NAAQS to 0.075 parts per million (ppm) (73 FR
16436).\1\ In

accordance with section 107(d) of the CAA, the EPA must designate an
area ``nonattainment'' if it is violating the NAAQS or if it is
contributing to a violation of the NAAQS in a nearby area.
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    \1\ Since the 2008 primary and secondary NAAQS for ozone are
identical, for convenience, we refer to both as ``the 2008 ozone
NAAQS'' or ``the 2008 ozone standard.''
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    The EPA designated 18 areas in California as nonattainment for the
2008 ozone NAAQS on May 21, 2012, effective July 20, 2012 (77 FR 30088,
codified at 40 CFR 81.305). The Calaveras County, Chico (Butte County),
Imperial County, Kern County (Eastern Kern), Mariposa County, Nevada
County (Western part), San Diego County, San Francisco Bay Area, San
Luis Obispo (Eastern San Luis Obispo) and Tuscan Buttes NAAs were
classified (by operation of law) as ``Marginal'' nonattainment. The EPA
classified the Ventura County NAA as ``Serious'' nonattainment. The EPA
classified the Los Angeles-San Bernardino Counties (West Mojave
Desert), Riverside County (Coachella Valley) and Sacramento Metro NAAs
as ``Severe-15'' nonattainment. The EPA classified the Los Angeles-
South Coast Air Basin and San Joaquin Valley NAAs as ``Extreme''
nonattainment. The EPA designated the lands of the Pechanga Band of
Luise[ntilde]o Mission Indians of the Pechanga Reservation and the
Morongo Band of Mission Indians in Southern California as separate NAAs
and classified them as ``Moderate'' and Serious nonattainment,
respectively.
    The EPA proposed the 2008 ozone NAAQS SIP Requirements Rule (SRR)
on June 6, 2013 (78 FR 34178) and finalized the SRR on March 6, 2015
(80 FR 12264, codified at 40 CFR part 51, subpart AA), effective April
6, 2015. The SRR established implementation requirements for the 2008
ozone NAAQS, including requirements for ``base year'' emission
inventories under CAA section 182(a)(1).
    On July 17, 2014, the California Air Resources Board (CARB)
submitted a staff report, titled ``8-Hour Ozone State Implementation
Plan Emission Inventory Submittal, release date: May 23, 2014''
(``submittal'') to the EPA. This submittal addresses base year
inventory requirements for 15 of the 18 NAAs in California.\2\ On
September 2, 2016, CARB submitted additional technical information
titled ``8-Hour Ozone State Implementation Plan Emission Inventory
Supplemental Documentation (September 2016)'' (herein referred to as
``EI Supplemental Documentation'') to support the NAA emission
inventories submitted on July 17, 2014.
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    \2\ The submittal did not include EIs for the Tuscan Buttes NAA,
which is a small, high elevation area containing no anthropogenic
sources, see submittal, p. 3, or for the Pechanga and Morongo NAAs.
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    On May 4, 2016 (81 FR 26697), the EPA issued one of three types of
determinations for each NAA that was originally classified as Marginal
for the 2008 ozone NAAQS. The EPA determined that four Marginal NAAs in
California--Calaveras County, Chico (Butte County), San Francisco Bay
Area and Tuscan Buttes--had attained the 2008 ozone NAAQS by the
applicable attainment date of July 20, 2015, based on complete,
quality-assured and certified ozone monitoring data for 2012-2014. The
EPA determined that one NAA in California--San Luis Obispo (Eastern San
Luis Obispo) (``Eastern SLO'')--qualified for a 1-year attainment date
extension for the 2008 ozone NAAQS even though it did not attain the
NAAQS by the applicable deadline. Finally, the EPA reclassified five
NAAs in California as Moderate because they did not attain the 2008
ozone NAAQS by the attainment date and did not qualify for a 1-year
extension. The EPA ``bumped up'' the following Marginal NAAs to
Moderate: Imperial County, Kern County (Eastern Kern), Mariposa County,
Nevada County (Western part) and San Diego County. In addition to the
Marginal area requirements, which include submittal of a base year
emission inventory (see CAA section 182(a)(1)), these NAAs became
subject to additional requirements.\3\ However, these additional
requirements are not the subject of this action.
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    \3\ These requirements include: An attainment demonstration;
provisions for reasonably available control technology and
reasonably available control measures; reasonable further progress
(RFP) reductions in volatile organic compounds (VOC) and/or nitrogen
oxide (NOX) emissions; contingency measures; a vehicle
inspection and maintenance program; and NOX and VOC
emission offsets at a ratio of 1.15 to 1 for major source permits
(see 40 CFR part 51, subpart AA and CAA sections 182(b) and 172(c)).
A SIP revision addressing these requirements is due to the EPA by
January 1, 2017 (81 FR 26697, May 4, 2016).
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    In this action, we are acting on a portion of CARB's submittal,
namely, the base year EIs for the Calaveras County, Chico (Butte
County), Eastern SLO and San Francisco Bay Area NAAs. We are deferring
action on the base year EIs for NAAs that are required to submit
updated base year EIs to support their attainment demonstrations and to
meet reasonable further progress requirements because we anticipate
that these later submittals will supersede the EIs in the CARB 8-hour
EI submittal for these areas.

II. Summary and Analysis of the State's Submittal

A. Statutory and Regulatory Requirements

1. Procedural Requirements for Adoption and Submittal of SIP Revisions
    CAA section 110(a)(1) and 110(l) and 40 CFR 51.102 require states
to provide reasonable notice and an opportunity for a public hearing
prior to adoption of SIP revisions. Section 110(k)(1)(B) requires the
EPA to determine whether a SIP submittal is complete within 60 days of
receipt. Any plan that we have not affirmatively determined to be
complete or incomplete will become complete six months after the day of
submittal by operation of law. A finding of completeness does not
approve the submittal as part of the SIP nor does it indicate that the
submittal is approvable. It does start a 12-month clock for the EPA to
act on the SIP submittal (see CAA section 110(k)(2)).
2. Requirements for Base Year Inventories
    CAA section 182(a)(1) and 40 CFR 51.1115(a) require states to
submit a ``base year inventory'' for each 2008 ozone nonattainment area
within two years of the effective date of designation. This inventory
must be ``a comprehensive, accurate, current inventory of actual
emissions from sources of VOC and NOX emitted within the
boundaries of the nonattainment area as required by CAA section
182(a)(1)'' (40 CFR 51.1100(bb), see also CAA section 172(c)(3)). In
addition, 40 CFR 51.1115(a) requires that the inventory year be
selected consistent with the baseline year for the reasonable further
progress (RFP) plan, which is usually the most recent calendar year for
which a complete triennial inventory is required to be submitted to the
EPA under the Air Emissions Reporting Requirements (40 CFR part 51,
subpart A) (see 40 CFR 51.1110(b)).

B. Summary of the State's Submittal

    The State submitted base year EIs for areas designated as
nonattainment for the 2008 8-hour ozone NAAQS on July 17, 2014.\4\
CARB's submittal documents the public review process followed prior to
its submittal to the EPA as a revision to the SIP. The submittal
includes a copy of a CARB notice of public meeting on June 26, 2014 to
consider the approval of the submittal, a transcript from the June 26,
2014 meeting,\5\ and a

signed resolution stating that the CARB made the EIs available for
public review at least 30 days prior to the board hearing and that the
EIs were adopted after notice and public hearing.\6\ As noted above, on
September 2, 2016, CARB provided additional technical information
referred to herein as EI Supplemental Documentation to support the NAA
EIs submitted on July 17, 2014.
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    \4\ Submittal pp. 7-35.
    \5\ Meeting, State of California, Air Resources Board, CAL/EPA
Headquarters, Byron Sher Auditorium, Second Floor, 1001 I Street,
Sacramento, California 95814, Thursday, June 26, 2014, 9:04 a.m.,
Tiffany C. Kraft, CSR, Certified Shorthand Reporter, License Number
12277, pp. 7-8.
    \6\ CARB, ``The 8-Hour Ozone State Implementation Plan Emission
Inventory Submittal,'' Resolution 14-14, June 26, 2014, Agenda Item
No.: 14-5-1, signed by Tracy Jensen, Clerk of the Board.
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    CARB selected 2012 as the base year because it was the most recent
year for which comprehensive emissions estimates were available,\7\ and
because CARB wanted a consistent inventory across the state.\8\ The
submitted base year EIs are expressed as 2012 average summer day
emissions in tons per day (tpd) and categorized as stationary point
sources, area-wide sources, on-road mobile sources and other mobile
sources. CARB's EI Supplemental Documentation describes methods used to
estimate emissions for each category and subcategory.\9\ The submittal
describes the updates to the 2012 EIs since the last comprehensive EI
update, and it also describes how emissions were calculated for ``split
regions'' not defined by CARB's county, air basin, and district
boundaries.\10\
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    \7\ Submittal, p. 5.
    \8\ In particular, CARB wanted to assure consistency with the
South Coast Air Quality Management District, which planned to use
2012 data for its base year inventory. See Supplemental
Documentation.
    \9\ Ibid.
    \10\ Submittal, pp. 5-6.
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    Table 1 summarizes the 2012 EIs for the Calaveras County, Chico
(Butte County), Eastern SLO and San Francisco Bay Area NAAs for
nitrogen oxides (NOX) and volatile organic compound (VOC)
emissions.\11\
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    \11\ Ibid., pp. 7-35.

                           Table 1--2012 Average Summer Day Emission Inventories (tpd)
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                    Category                            NOX         % of total          VOC         % of total
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                                                Calaveras County
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Stationary Sources..............................            0.12               5            0.23               4
Area-wide Sources...............................            0.09               3            1.82              33
On-road Mobile..................................            1.70              64            1.03              19
Other Mobile....................................            0.75              28            2.49              45
                                                 ---------------------------------------------------------------
    Total *.....................................            2.66             100            5.56             100
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                                              Chico (Butte County)
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Stationary Sources..............................            2.03              12            2.08              15
Area-wide Sources...............................            0.67               4            4.81              34
On-road Mobile..................................            7.06              40            3.32              23
Other Mobile....................................            7.79              44            4.00              28
                                                 ---------------------------------------------------------------
    Total *.....................................           17.54             100           14.21             100
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                                             San Francisco Bay Area
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Stationary Sources..............................           41.33              14           62.13              23
Area-wide Sources...............................            7.99               3           68.37              26
On-road Mobile..................................          151.65              52           74.02              28
Other Mobile....................................           88.55              31           59.98              23
                                                 ---------------------------------------------------------------
    Total *.....................................          289.51             100          264.50             100
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                                                   Eastern SLO
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Stationary Sources..............................            0.17              25            0.10              21
Area-wide Sources...............................            0.00               0            0.16              33
On-road Mobile..................................            0.37              54            0.17              35
Other Mobile....................................            0.14              21            0.05              10
                                                 ---------------------------------------------------------------
    Total *.....................................            0.68             100            0.48             100
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* Differences due to rounding. Excludes biogenic emissions.

1. Stationary Source Emissions
    CARB estimates stationary point source emissions based on annual
reports submitted by the local air districts. The local air districts
are responsible for working with facility operators to compile
estimates, using source testing, direct measurement or engineering
calculations. CARB estimates emissions from smaller point sources, such
as gasoline dispensing facilities and residential water heaters, as a
group and reports them in a single source category. CARB groups
stationary point source emissions into the following categories: Fuel
combustion, waste disposal, cleaning and surface coatings, petroleum
production and marketing, and industrial processes.\12\
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    \12\ Submittal, pp. 7-35. Fuel combustion subcategories:
Electric utilities, cogeneration, oil and gas production
(combustion), manufacturing and industrial, food and agricultural
processing, service and commercial, other (fuel combustion). Waste
disposal subcategories: Sewage treatment, incinerators, other (waste
disposal). Cleaning and surface coatings subcategories: Laundering,
degreasing, coatings and related process solvents, printing,
adhesives and sealants. Petroleum productions and marketing
subcategories: Oil and gas production, petroleum marketing, other
(petroleum production and marketing). Industrial processes
subcategories: Food agriculture, mineral processes, metal processes,
wood and paper, other (industrial processes).

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    CARB describes the methodologies it uses for smaller point sources
in the EI Supplemental Documentation. For example, while CARB reports
most of the food and agricultural processing emission sources as
individual point sources, CARB estimates the exhaust emissions from
agricultural irrigation pumps from a model developed by CARB staff. The
EI Supplemental Documentation provides a link to the methodology
used.\13\ The model uses United States Department of Agriculture (USDA)
engine population estimates, emission factors, average annual use in
hours, average brake horsepower of engine and average engine load
factors.\14\
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    \13\ Attachment 2, Appendix D, Emission Inventory Methodology,
Agricultural irrigation Pumps--Diesel (Updated August 2006),
available at http://www.arb.ca.gov/regact/agen06/attach2.pdf
    \14\ EI Supplemental Documentation, pp. 11-12.
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2. Area-Wide Source Emissions
    CARB's area-wide source inventories include categories where
emissions take place over a wide geographic area, such as consumer
products, residential fuel combustion and farming operations. CARB
groups area-wide source emissions as either solvent evaporation or
miscellaneous processes.\15\
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    \15\ Submittal, pp. 7-35. Solvent evaporation subcategories:
Consumer products, architectural coatings and related process
solvents, pesticides/fertilizers, asphalt paving/roofing.
Miscellaneous processes subcategories: Residential fuel combustion,
farming operations, fires, manage burning and disposal, cooking.
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    CARB describes the methodologies for each area-wide source emission
category in the EI Supplemental Documentation, pages 21-29. CARB uses
various methodologies for estimating emissions from area-wide source
categories. For example, the California Department of Pesticide
Regulation (DPR) calculates pesticide emission estimates for CARB. The
DPR applies Emission Potential (EP) values from the DPR database to the
amount of grower-reported pesticide application in DPR's Pesticide Use
Report database.\16\ For the consumer products emissions estimates,
CARB conducted surveys to collect updated product and ingredient
information for approximately 360 consumer product categories, and
determined the total sales and total VOC emissions for each category
based on the survey data. CARB adjusted emissions to the 2012 base year
by using population data from the California Department of Finance
(2013).\17\ CARB bases emissions from farming operations on data from
the USDA's 2012 Census of Agriculture and emission factors for each
livestock category.\18\ CARB uses survey data and emission factors to
estimate emissions from residential wood combustion, a subcategory of
residential fuel combustion. In 2011, CARB updated its methodology for
residential wood combustion to include more recent survey data on
residential wood burning devices and consumption rates, updates to the
EPA National Emission Inventory emission factors and improved
calculation approaches.\19\
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    \16\ The EP value is the fraction of the product that is assumed
to potentially contribute to atmospheric VOC. California's pesticide
use reporting program requires that all agricultural pesticide use
must be reported monthly by growers to county agricultural
commissions, who in turn, report the data to DPR. See http://www.cdpr.ca.gov/docs/pur/purmain.htm.
    \17\ CARB, Section 6.1 Consumer Products (revised April 2000),
available at http://www.arb.ca.gov/ei/areasrc/fullpdf/full6-1.pdf.
    \18\ CARB, Section 7.6 Livestock Husbandry (Revised May 2004),
available at http://www.arb.ca.gov/ei/areasrc/fullpdf/full7-6.pdf.
    \19\ CARB, Section 7.1 Residential Wood Combustion (Revised
October 2015), available at http://www.arb.ca.gov/ei/areasrc/fullpdf/full7-1_2011.pdf.
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3. Off-Road Mobile Source Emissions
    CARB has developed category-specific models for numerous off-road
(also known as ``non-road'') sources, including locomotives, ships,
industrial and construction equipment, and recreational vehicles. CARB
used the OFFROAD2007 model for categories without source-specific
models. CARB provided supplementary documentation describing the
methodologies used for the following off-road sources: Aircraft, ocean
going vessels, commercial harbor craft, recreational boats, off-road
recreational vehicles, fuel storage and handling equipment, farm
equipment and off-road equipment (i.e., transport refrigeration units,
drill rigs, cargo handling equipment, and trains).\20\ The submittal
provided emission estimates for off-road sources that reflected updates
to data models for ocean going vessels, recreational boats,
recreational vehicles, off-road equipment and farm equipment.\21\ In
addition to describing each category, CARB provides Web site links to
additional information on each methodology. These descriptions include
the type of source represented, the types and source of data used, and
the models used. For example, CARB describes ocean-going vessels (OGVs)
as commercial vessels greater than or equal to 400 feet in length or
10,000 gross tons or propelled by a marine compression ignition engine
with a displacement of greater than or equal to 30 liters per cylinder.
CARB's emission inventory includes all OGV emissions occurring within
100 nautical miles of the California coastline.
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    \20\ EI Supplemental Documentation, pp. 4-10.
    \21\ See submittal p. 6.
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4. On-Road Mobile Source Emissions
    CARB estimated on-road mobile emissions from cars, light and heavy-
duty trucks, motorcycles, buses and motor homes using its Emission
Factors (EMFAC) model version 2011, which was the latest EPA-approved
version available at the time the EIs were prepared.\22\ CARB estimated
vehicle populations using registration data from the Department of
Motor Vehicles (DMV), updated in 2012.\23\ The model estimates vehicle
miles traveled (VMT) from data and mileage accrual rates from the
Bureau of Automotive Smog Check Program. CARB states that the EIs in
this submittal reflect updates to the EMFAC2011 activity parameters,
including vehicle population and activity using 2012 DMV data, vehicle
sales and survival rate estimates, fuel sales from the Board of
Equalization, and updates to mileage accrual rates using Smog Check
data. CARB adjusted the default VMT regional allocations using the 2012
National Transportation Atlas Database. The model also reflects the
emissions benefits of CARB's 2010 Truck and Bus Regulation, the
``Pavley'' Clean Car Standards and the Low Carbon Fuel Standard. CARB
provides additional information on EMFAC at http://www.arb.ca.gov/mseimsei.htm.
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    \22\ On March 16, 2013, the EPA approved and announced the
availability of EMFAC2011 as the latest update to the EMFAC model
for use in SIP development and transportation conformity by
California state and local governments to meet CAA requirements (78
FR 14533). On December 14, 2015, the EPA announced the next revision
to EMFAC--EMFAC 2014 (80 FR 77337). CARB submitted the 2008 8-hour
ozone EI submittal after the EPA's approval of EMFAC2011 and prior
to the EPA's approval of EMFAC2014.
    \23\ EI Supplemental Documentation, p. 3.
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C. The EPA's Evaluation of the State's Submittal

1. Evaluation of Procedural Requirements
    Based on the documentation included in CARB's submittal, we find
that the submittal satisfies the procedural requirements of sections
110(a)(1) and 110(l) of the Act requiring states to provide reasonable
notice and an opportunity for public hearing prior to adoption of SIP
revisions. CARB's submittal became complete by operation of law on
January 17, 2015 pursuant to section 110(k)(1)(B).

2. Evaluation of Base Year Inventory Requirements
    The EPA has reviewed the 2012 average summer day base year EIs for
the Calaveras County, Chico (Butte County), Eastern SLO and San
Francisco Bay Area NAAs. Our review included the emission estimates for
stationary sources, area-wide sources and mobile sources. We find that
CARB's selection of 2012 as the base year was appropriate for these
areas because 2012 was the most recent calendar year for which a
consistent and comprehensive statewide inventory was available.\24\ The
submittal and EI Supplemental Documentation provide sufficient
information and explanation to allow the EPA to make a determination on
the acceptability of the EIs. Accordingly, we conclude that the EIs
constitute a comprehensive, accurate, current inventory of actual
emissions from sources of VOC and NOX emitted within the
boundaries of the relevant NAAs, as required under the CAA and SRR (40
CFR 51.1100(bb), see also CAA section 172(c)(3)).
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    \24\ We also note that, because the State is not required to
submit an RFP plan for Marginal areas, the requirement for the
inventory year selected to be consistent with the baseline year for
the RFP plan is not relevant to these areas.
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D. Public Comment and Final Action
    As authorized in section 110(k)(3) of the Act, the EPA is fully
approving the submitted EIs for the Calaveras County, Chico (Butte
County), San Luis Obispo County (Eastern SLO) and San Francisco Bay
Area NAAs because we believe they fulfill all relevant requirements. We
do not think anyone will object to this approval, so we are finalizing
it without proposing it in advance. However, in the Proposed Rules
section of this Federal Register, we are simultaneously proposing
approval of the same submitted EIs. If we receive adverse comments by
November 18, 2016, we will publish a timely withdrawal in the Federal
Register to notify the public that the direct final approval will not
take effect and we will address the comments in a subsequent final
action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on December 19, 2016.

III. 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 a state plan 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 requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 19, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements (see section
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

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

    Dated: September 28, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(481) to read as
follows:

Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (481) The following revision was submitted on July 17, 2014 by the
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) California Air Resources Board.
    (1) California Air Resources Board, Staff Report, ``8-Hour Ozone
State Implementation Plan Emission Inventory Submittal,'' release date:
May 23, 2014, excluding the tables of 2012 average summer daily
emissions (tons per day) other than the tables for Chico (Butte
County), San Luis Obispo County (Eastern San Luis Obispo), Calaveras
County, and San Francisco Bay Area.
* * * * *
[FR Doc. 2016-25164 Filed 10-18-16; 8:45 am]
 BILLING CODE 6560-50-P


Janet Cakir/RTP/USEPA/US

12/07/2007 11:04 AM

To

"King, Heidi R."<EMAIL_ADDRESS> cc

Ron Evans/RTP/USEPA/US@EPA, David Misenheimer/RTP/USEPA/US@EPA, Darryl Weatherhead/RTP/USEPA/US@EPA, <EMAIL_ADDRESS> Subject

continuation of discussion about mobile controls

Heidi,

   Thank you for taking the time to talk with us on Friday.  Here is some supplemental information about the mobile controls we applied to our Baseline from David Misenheimer.  Are you available at 11:00 on Monday to resume our discussion about mobile controls?

-Janet

_______________________________________

Janet F. Cakir, Ph.D.

Environmental Protection Specialist

Air Benefits Cost Group

109 TW Alexander Dr., (C439-02)

Research Triangle Park, NC 27711

Tel:<PHONE_NUMBER>

Fax:<PHONE_NUMBER>

email<EMAIL_ADDRESS>


[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34910-34912]
[FR Doc No: 2015-14983]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-1968]

Non-Microbial Biomarkers of Infection for In Vitro Diagnostic
Device Use; Public Workshop; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
following public workshop entitled ``Non-Microbial Biomarkers of
Infection for In Vitro Diagnostic Device Use.'' The purpose of this
workshop is to receive input from stakeholders and discuss approaches
to the study of non-microbial biomarkers for differentiating viral from
bacterial infections and for diagnosis and assessment of sepsis.
Comments and suggestions generated through this workshop will
facilitate further development of regulatory science for establishing
appropriate comparator methods and clinically relevant performance
standards for non-microbial based in vitro diagnostics for infection.

DATES: The public workshop will be held on October 16, 2015, from 8
a.m. to 5 p.m. Registration to attend the meeting must be made by 4
p.m. on October 6, 2015. Registration from those individuals interested
in presenting comments should be received by September 16, 2015. See
the SUPPLEMENTARY INFORMATION section for instructions on how to
register for the meeting. Submit either electronic or written comments
by 4 p.m. on November 13, 2015.

ADDRESSES: The public workshop will be held at the FDA White Oak
Campus, 10903 New Hampshire Ave., Building 31 Conference Center, the
Great Room (Rm. 1503), Silver Spring, MD 20993. Entrance for the public
meeting participants (non-FDA employees) is through Building 1 where
routine security check procedures will be performed. For parking and
security information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    Submit electronic comments to http://www.regulations.gov. Submit
written comments to the Division of Dockets Management (HFA-305), Food
and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville MD
20852. All comments should be identified with the docket number found
in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Natasha Townsend, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5525, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    There has been increasing interest in the development of non-
microbiological biomarkers to aid in determining whether patient signs
and symptoms consistent with infection are attributable to an
infectious or non-infectious cause,

and if infectious, whether of viral or bacterial etiology. Interest has
ranged from aiding in the diagnosis of relatively mild outpatient upper
respiratory symptoms to the assessment of critically ill patients.
Progress in this area has been hindered by a lack of consensus on
important issues in clinical trial design for new analytes; these
issues include appropriate clinical trial designs (including acceptable
comparator methods, e.g., for ascertaining viral or bacterial
infections), clinical definitions of different disease states, and
acceptable device performance (i.e., benefit/risk in different disease
states and target populations). Devices that can differentiate a
bacterial etiology from other causes of illness (e.g., viral, fungal,
or non-infectious etiologies) can significantly impact antibiotic
stewardship and potentially antimicrobial resistance.

II. Purpose and Scope of the Public Workshop

    The purpose of the public workshop is to discuss the use of non-
microbial biomarkers as indicators of infection, potential clinical
trial designs that can be used to establish effectiveness, and benefit/
risk considerations for use. Specifically, FDA seeks input from health
care practitioners, industry, government, academia, and other
stakeholders on these topics. This discussion is viewed as essential
for establishing the appropriate methods to study the safety and
effectiveness of these analytes for different possible uses.
    This public workshop will consist of brief presentations providing
information to frame the goals of the workshop and interactive
discussions via several panel sessions. The presentations will focus on
current and anticipated uses for non-microbial biomarkers of infection
and a review of different approaches that have been considered for
clinical trials. Following the presentations there will be a moderated
discussion where participants and additional panelists will be asked to
provide their individual perspectives. Topics to be discussed include:
(1) Clinical uses for non-microbial biomarkers of infection, (2)
comparator methods for studies differentiating viral from bacterial
infection, (3) performance standards, (4) statistical methods
appropriate for sepsis biomarker trials, and (5) unique considerations
when studying pediatric populations.
    In advance of the meeting, FDA will place a summary of the issues
it believes need consideration on file in the public docket (docket
number found in brackets in the heading of this document) and will post
it at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. The deadline for submitting comments
on this document for presentation at the public workshop is September
11, 2015, although comments related to this document can be submitted
until November 13, 2015.

III. Attendance and Registration

    Registration is free and available on a first-come, first-served
basis. Persons interested in attending this public workshop must
register online by 4 p.m. on October 6, 2015. Early registration is
recommended because facilities are limited and, therefore, FDA may
limit the number of participants from each organization. If time and
space permits, onsite registration on the day of the public workshop
will be provided beginning at 7 a.m.
    If you need special accommodations due to a disability, please
contact Susan Monahan, Center for Devices and Radiological Health, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 4321,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>no later than 4 p.m. on October 2, 2015.
    To register for the public workshop, please visit FDA's Medical
Devices News & Events--Workshops & Conferences calendar at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm.
(Select this public workshop from the posted events list.) Please
provide complete contact information for each attendee, including name,
title, affiliation, address, email, and telephone number. Those without
Internet access should contact Susan Monahan to register. Registrants
will receive confirmation after they have been accepted. You will be
notified if you are on a waiting list.

A. Streaming Webcast of the Public Workshop

    This public workshop will also be Webcast. Persons interested in
viewing the Webcast must register online by 4 p.m. on October 6, 2015.
Early registration is recommended because Webcast connections are
limited. Organizations are requested to register all participants, but
to view using one connection per location. Webcast participants will be
sent technical system requirements after registration and will be sent
connection access information after October 8, 2015. If you have never
attended a Connect Pro event before, test your connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get a
quick overview of the Connect Pro program, visit http://www.adobe.com/go/connectpro_overview. (FDA has verified the Web site addresses in
this document, but FDA is not responsible for any subsequent changes to
the Web sites after this document publishes in the Federal Register.)

B. Requests for Oral Presentations

    This public workshop includes a public comment session. During
online registration you may indicate if you wish to present during a
public comment session, and which topics you wish to address. FDA has
included general topics in this document which are addressed in section
II. FDA will do its best to accommodate requests to make public
comments. Individuals and organizations with common interests are urged
to consolidate or coordinate their presentations and request time for a
joint presentation, or submit requests for designated representatives
to participate in the focused sessions. All requests to make oral
presentations must be received by September 16, 2015. FDA will
determine the amount of time allotted to each presenter and the
approximate time each oral presentation is to begin, and will select
and notify participants by September 22, 2015. If selected for
presentation, any presentation materials must be emailed to Yvonne Shea
at<EMAIL_ADDRESS>no later than 5 p.m. on October 2, 2015. No
commercial or promotional material will be permitted to be presented or
distributed at the public workshop.

IV. Comments

    FDA is holding this public workshop to obtain information on
approaches for establishing the performance of non-microbial biomarkers
of infection for in vitro diagnostic device use. In order to permit the
widest possible opportunity to obtain public comment, FDA is soliciting
either electronic or written comments on all aspects of the public
workshop topics. The deadline for submitting comments related to this
public workshop is 4 p.m. on November 13, 2015.
    Regardless of attendance at the public workshop, interested persons
may submit either electronic comments regarding this document to http://www.regulations.gov or written comments to the Division of Dockets
Management (see ADDRESSES). It is only necessary to send one set of
comments. Identify comments with the docket number found in brackets in
the heading of this document. In addition, when responding to specific
topics as

described in section II of this document, please identify the topic you
are addressing. Received comments may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday,
and will be posted to the docket at http://www.regulations.gov.

V. Transcripts

    As soon as a transcript is available, it will be accessible at
http://www.regulations.gov. It may also be viewed in person at the
Division of Dockets Management (see ADDRESSES). A transcript will also
be available in either hardcopy or on CD-ROM, after submission of a
Freedom of Information request. Written requests are to be sent to the
Division of Freedom of Information (ELEM-1029), Food and Drug
Administration, 12420 Parklawn Dr., Element Bldg., Rockville, MD 20857.
A link to the transcripts will also be available approximately 45 days
after the public workshop on the Internet at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select
this public workshop from the posted events list.)

    Dated: June 12, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-14983 Filed 6-17-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Proposed Rules]
[Pages 36423-36424]
[FR Doc No: 2022-13056]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0788; Airspace Docket No. 22-ASO-14]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Erwin, NC

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 Harnett Regional Jetport,
Erwin, NC, by updating the airport's name and geographic coordinates.
This action would also eliminate the Harnett non-directional beacon
from the airspace description, as an airspace evaluation found it
unnecessary. Controlled airspace is necessary for the safety and
management of instrument flight rules (IFR) operations in the area.

DATES: Comments must be received on or before August 1, 2022.

ADDRESSES: Send comments on this proposal to: the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
Telephone:<PHONE_NUMBER>, or<PHONE_NUMBER>. You must identify the
Docket No. FAA-2022-0788; Airspace Docket No. 22-ASO-14 at the
beginning of your comments. You may also submit comments through the
internet at https://www.regulations.gov.
    FAA Order JO 7400.11F 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.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; 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 airspace in Erwin, NC, to support IFR operations in
the area.

Comments Invited

    Interested persons are invited to comment on 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 (Docket No. FAA-
2021-0788 and Airspace Docket No. 22-ASO-14) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for the
address and phone number). You may also submit comments through the
internet at https://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 FAA
Docket No. FAA-2021-0788; Airspace Docket No. 22-ASO-14.'' 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 document may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. 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 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, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class E
airspace extending upward from 700 feet above the surface at Harnett
Regional Jetport, Erwin, NC, by updating the airport's name (formerly
Harnett County Airport), and remove the city name from the description
header. This action would also eliminate the Harnett NDB from the
airspace description, as an airspace evaluation found it unnecessary.
Also, this action would widen the northeast extension, and update the
airport's geographic coordinates to coincide with the FAA's database.
In addition, this action would remove reference of the Fayetteville,
NC, class E airspace area, as the airspace is shared.
    Class E airspace designations are published in Paragraph 6005, of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    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 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 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.

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 JO 7400.11F, Airspace Designations and Reporting
Points, dated August 10, 2021, and effective September 15, 2021, is
amended as follows:

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

* * * * *

ASO NC E5 Erwin, NC [Amended]

Harnett Regional Jetport, NC
    (Lat. 35[deg]22'49'' N, long. 78[deg]43'56'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Harnett Regional Jetport, and within
2.6-miles each side of the 42[deg] bearing of the airport extending
from the 6.3-mile radius to 8.6-miles northeast of the airport.

    Issued in College Park, Georgia, on June 13, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2022-13056 Filed 6-16-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Proposed Rules]
[Pages 50015-50018]
[FR Doc No: 2022-17209]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0941; Airspace Docket No. 21-AEA-27]
RIN 2120-AA66

Proposed Amendment and Establishment of Area Navigation (RNAV)
Routes; Northeast United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend three low altitude Area
Navigation (RNAV) routes (T-routes), and establish three T-routes to
augment the VHF Omnidirectional Range (VOR) Minimum Operational Network
(MON) Program. The purpose is to enhance the efficiency of the National
Airspace System (NAS) by transitioning from a ground-based to a
satellite-based navigation system.

DATES: Comments must be received on or before September 29, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0941; Airspace Docket No. 21-AEA-27 at the beginning of your
comments. You may also submit comments through the internet at
www.regulations.gov.
    FAA Order JO 7400.11F, 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 would expand the availability of RNAV in the northeast
United States and improve the efficient flow of air traffic within the
NAS by lessening the dependency on ground-based navigation.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2022-0941; Airspace Docket No. 21-AEA-27) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2022-0941; Airspace Docket No. 21-AEA-27.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. 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 www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
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 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 during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park,
GA, 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
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 14 CFR part 71 to amend three
low altitude RNAV T-routes, and establish six T-routes in the northeast
United States to augment the VOR MON Program.
    T-216: T-216 extends from the Philipsburg, PA (PSB), VHF
Omnidirectional Range and Tactical Air Navigational System (VORTAC) to
the Nantucket, MA (ACK), VHF Omnidirectional Range/Distance Measuring
Equipment (VOR/DME). This proposal would amend the route description by
replacing the Williamsport, PA (FQM), VOR/DME with the LYKOM, PA,
waypoint (WP). Also, the wording ``The airspace within R-4105 is
excluded during times of use'' would be removed from the description
because restricted area R-4105 has been revoked by the FAA and is no
longer in effect. There are no other changes to T-216.
    T-440: T-440 is a proposed new route that would extend from the
STUBN, NY, WP to the TALLI, PA, WP. T-440 would overlay VOR Federal
airway V-147 from the STUBN WP to the WLKES, PA, WP. The WLKES WP would
replace the Wilkes-Barre, PA (LVZ), VORTAC. T-440 would also overlay
airway V-116 from the WLKES WP to the TALLI, PA, WP (located 26
nautical miles east of the Wilkes-Barre VORTAC).
    T-449: T-449 is a proposed new route that would extend from the
KITHE, PA, Fix, to the Binghamton, NY (CFB), VOR/DME. The route would
overlay a portion of airway V-499 from the KITHE Fix to the Binghamton
VOR/DME. The HEXSN, PA, WP would replace the Lancaster, PA (LRP), VOR/
DME in the route description.
    T-454: T-454 is a proposed new route that would extend from the
SCAAM, PA, WP to the NWTON, NJ, WP. The route would overlay a portion
of airway V-226 from the FAVUM, PA, WP to the NWTON, NJ, WP. In the
route description, WPs would be used in place of the following
navigation aids: The LYCOM, PA, WP replaces the Williamsport, PA (FQM),
VOR/DME. The WLKES, PA, WP replaces the Wilkes-Barre, PA (LVZ), VORTAC.
The NWTON, NJ, WP replaces the Stillwater, NJ (STW), VOR/DME.
    T-634: T-634 is a Canadian RNAV route that extends between the
Syracuse, NY (SYR), VORTAC and the VIBRU, NY, WP. The FAA proposes to
expand T-634 south and eastward from Syracuse to the Sandy Point, RI
(SEY), VOR/DME. The order of points in the route description would be
amended to begin at the VIBRU, NY WP. The following points would be
added after Syracuse: STODA, NY, Fix; RAHKS, NY, WP; DANZI, NY, WP;
WEETS, NY, Fix; Kingston, NY (IGN), VOR/DME; CASSH, NY, Fix; BIZEX, NY,
WP; CREAM, NY, Fix and Sandy Point, RI (SEY), VOR/DME. The PAGER, NY,
and BRUIN, NY WPs would be removed from the description because they
don't mark a turn point in the route. T-634 would overlay portions of
airway V-483 from Syracuse to BIZEX. It would overlay V-374 from BIZEX
to CREAM; and overlay V-34 from CREAM to Sandy Point. In the route
description, the RAHKS, NY, WP would replace the Rockdale, NY (RKA),
VOR/DME.
    T-705: T-705 is a Canadian RNAV route that extends into U.S.
airspace between the DANZI, NY, WP and the MUTNA, NY, WP. The FAA
proposes to extend T-705 generally eastward to the Nantucket, MA (ACK),
VOR/DME. The DANZI WP would be removed from the route at air traffic
control request. Thus, the proposed eastward expansion of the route to
Nantucket would begin at the CODDI, NY, Fix instead of DANZI. As
amended, the route would begin at the Nantucket VOR/DME, then pass
through the following added points: LIBBE, NY, Fix; ORCHA, NY, WP;
Calverton, NY (CCC), VOR/DME; BELTT, NY, WP; EEGOR, CT, WP; LOVES, CT,
WP; PAWLN, NY, WP; CYPER, NY, Fix. From the CYPER Fix, T-705 would
proceed to the CODDI, NY, Fix where the remainder of the route would
continue to the MUTNA, NY, WP as currently charted, except for the
following changes. The following points would be removed because they
don't mark a turn point on the route: MILID, NY, Fix; USICI, NY, WP;
GACKE, NY, WP; BECKS, NY, WP; SMAIR, NY, WP; FOSYU, NY, WP; and UUBER,
NY, WP. In the route description, the PAWLN, NY, WP would replace the
Pawling, NY (PWL), VOR/DME.
    The amended route would overlay portions of airway V-46 from
Nantucket to Calverton. It would overlay airway V-44 from the BELTT WP
to the PAWLN WP. As amended, T-705 would extend from Nantucket, MA, to
MUTNA, NY.
    United States Area Navigation (RNAV) routes are published in
paragraph 6011, and Canadian Area Navigation routes are published in
paragraph 6013, respectively, of FAA Order JO 7400.11F, dated August
10, 2021, and effective September 15, 2021, which is incorporated by
reference in 14 CFR 71.1. The RNAV routes listed in this document would
be subsequently published in FAA Order JO 7400.11.
    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 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
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 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 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

    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 14 CFR 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
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-216 Philipsburg, PA (PSB) to Nantucket, MA (ACK) [Amended]

Philipsburg, PA (PSB)                           VORTAC                         (Lat. 40[deg]54'58.53'' N, long. 077[deg]59'33.78'' W)
LYKOM, PA                                       WP                             (Lat. 41[deg]20'18.75'' N, long. 076[deg]46'' 30.30'' W)
ELEXY, PA                                       WP                             (Lat. 41[deg]25'53.71'' N, long. 076[deg]07'' 35.20'' W)
LAAYK, PA                                       FIX                            (Lat. 41[deg]28'32.64'' N, long. 075[deg]28'' 57.31'' W)
HELON, NY                                       FIX                            (Lat. 41[deg]40'02.72'' N, long. 074[deg]16'' 49.52'' W)
Kingston, NY (IGN)                              VOR/DME                        (Lat. 41[deg]39'55.62'' N, long. 073[deg]49'' 20.01'' W)
MOONI, CT                                       FIX                            (Lat. 41[deg]37'53.28'' N, long. 073[deg]19'' 19.43'' W)
Hartford, CT (HFD)                              VOR/DME                        (Lat. 41[deg]38'27.98'' N, long. 072[deg]32'' 50.70'' W)
Groton, CT (GON)                                VOR/DME                        (Lat. 41[deg]19'49.45'' N, long. 072[deg]03'07.14'' W)
Sandy Point, RI (SEY)                           VOR/DME                        (Lat. 41[deg]10'02.77'' N, long. 071[deg]34'33.91'' W)
Nantucket, MA (ACK)                             VOR/DME                        (Lat. 41[deg]16'54.79'' N, long. 070[deg]01'36.16'' W)

                                                                      * * * * * * *
T-440 STUBN, NY to TALLI, PA [New]

STUBN, NY                                       WP                             (Lat. 42[deg]05'38.58'' N, long. 077[deg]01'28.68'' W)
WLKES, PA                                       WP                             (Lat. 41[deg]16'22.57'' N, long. 075[deg]41'21.60'' W)
TALLI, PA                                       WP                             (Lat. 41[deg]19'01.60'' N, long. 075[deg]06'43.17'' W)

                                                                      * * * * * * *
T-449 KITHE, PA to Binghamton, NY (CFB) [New]

KITHE, PA                                       FIX                            (Lat. 39[deg]48'35.53'' N, long. 076[deg]17'48.12'' W)
HEXSN, PA                                       WP                             (Lat. 40[deg]07'12.46'' N, long. 076[deg]17'28.38'' W)
Binghamton, NY (CFB)                            VOR/DME                        (Lat. 42[deg]09'26.97'' N, long. 076[deg]08'11.30'' W)

                                                                      * * * * * * *
T-454 SCAAM, PA to NWTON, NJ [New]

SCAAM, PA                                       WP                             (Lat. 41[deg]11'37.46'' N, long. 077[deg]58'15.20'' W)
FAVUM, PA                                       WP                             (Lat. 41[deg]15'59.17'' N, long. 077[deg]35'42.32'' W)
LYKOM, PA                                       WP                             (Lat. 41[deg]20'18.75'' N, long. 076[deg]46'30.30'' W)
WLKES, PA                                       WP                             (Lat. 41[deg]16'22.57'' N, long. 075[deg]41'21.60'' W)
NWTON, NJ                                       WP                             (Lat. 40[deg]59'45.19'' N, long. 074[deg]52'09.21'' W)

                                                                      * * * * * * *

Paragraph 6013 Canadian Area Navigation Routes.

* * * * *

T-634 VIBRU, NY to Sandy Point, RI (SEY) [Amended]

VIBRU, NY                                       WP                             (Lat. 44[deg]20'21.30'' N, long. 076[deg]01'19.96'' W)
Watertown, NY (ART)                             VORTAC                         (Lat. 43[deg]57'07.67'' N, long. 076[deg]03'52.66'' W)
Syracuse, NY (SYR)                              VORTAC                         (Lat. 43[deg]09'37.87'' N, long. 076[deg]12'16.41'' W)
STODA, NY                                       FIX                            (Lat. 43[deg]07'00.20'' N, long. 075[deg]51'21.23'' W)
RAHKS, NY                                       WP                             (Lat. 42[deg]27'59.28'' N, long. 075[deg]14'21.68'' W)
DANZI, NY                                       WP                             (Lat. 42[deg]10'41.86'' N, long. 074[deg]57'24.19'' W)
WEETS, NY                                       FIX                            (Lat. 41[deg]51'26.98'' N, long. 074[deg]11'51.51'' W)
Kingston, NY (IGN)                              VOR/DME                        (Lat. 41[deg]39'55.62'' N, long. 073[deg]49'20.01'' W)
CASSH, NY                                       FIX                            (Lat. 41[deg]35'38.16'' N, long. 073[deg]42'17.07'' W)
BIZEX, NY                                       WP                             (Lat. 41[deg]17'02.86'' N, long. 073[deg]34'50.20'' W)
CREAM, NY                                       FIX                            (Lat. 41[deg]08'55.85'' N, long. 072[deg]31'18.32'' W)
Sandy Point, RI (SEY)                           VOR/DME                        (Lat. 41[deg]10'02.77'' N, long. 071[deg]34'33.91'' W)

                                                                      * * * * * * *
T-705 Nantucket, MA (ACK) to MUTNA, NY [Amended]

Nantucket, MA (ACK)                             VOR/DME                        (Lat. 41[deg]16'54.79'' N, long. 070[deg]01'36.16'' W)
LIBBE, NY                                       FIX                            (Lat. 41[deg]00'15.86'' N, long. 071[deg]21'20.34'' W)
ORCHA, NY                                       WP                             (Lat. 40[deg]54'55.46'' N, long. 072[deg]18'43.64'' W)
Calverton, NY (CCC)                             VOR/DME                        (Lat. 40[deg]55'46.63'' N, long. 072[deg]47'55.89'' W)
BELTT, NY                                       WP                             (Lat. 41[deg]03'48.61'' N, long. 072[deg]59'13.52'' W)
EEGOR, CT                                       WP                             (Lat. 41[deg]09'38.94'' N, long. 073[deg]07'27.66'' W)
LOVES, CT                                       FIX                            (Lat. 41[deg]32'19.64'' N, long. 073[deg]29'17.14'' W)
PAWLN, NY                                       WP                             (Lat. 41[deg]46'11.51'' N, long. 073[deg]36'02.64'' W)

CYPER, NY                                       FIX                            (Lat. 42[deg]06'32.37'' N, long. 074[deg]16'25.52'' W)
CODDI, NY                                       FIX                            (Lat. 42[deg]22'52.15'' N, long. 075[deg]00'21.84'' W)
LAMMS, NY                                       WP                             (Lat. 43[deg]01'35.30'' N, long. 075[deg]09'51.50'' W)
SRNAC, NY                                       WP                             (Lat. 44[deg]23'05.00'' N, long. 074[deg]12'16.11'' W)
RIGID, NY                                       WP                             (Lat. 44[deg]35'19.53'' N, long. 073[deg]44'34.07'' W)
PBERG, NY                                       WP                             (Lat. 44[deg]42'06.25'' N, long. 073[deg]31'22.18'' W)
LATTS, NY                                       WP                             (Lat. 44[deg]51'29.78'' N, long. 073[deg]32'29.26'' W)
MUTNA, NY                                       WP                             (Lat. 45[deg]00'20.84'' N, long. 073[deg]33'27.65'' W)

                                                                      * * * * * * *

    Issued in Washington, DC, on August 4, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-17209 Filed 8-12-22; 8:45 am]
BILLING CODE 4910-13-P


Relevant Meetings with External Stakeholders since Publication of the 2013 Final HCFC Allocation Rule:
April 25, 2013  -  Meeting with representatives from the Natural Resources Defense Council (NRDC)
May 7, 2013  -  Meeting with representatives from National Refrigerants
May 14, 2013  -  Meeting with representatives from the Alliance for Responsible Atmospheric Policy
May 14, 2013  -  Meeting with representatives from Hudson Technologies*
May 21, 2013  -  Meeting with representatives from Heating, Air-conditioning & Refrigeration Distributors International (HARDI)
May 22, 2013  -  Meeting with representatives from DuPont*
May 28, 2013  -  Meeting with representatives from Arkema
June 3, 2013  -  Meeting with representatives from Air-Conditioning, Heating, and Refrigeration Institute (AHRI)
June 6, 2013  -  Meeting with representatives of Honeywell*
June 20, 2013  -  Meeting with representatives from Combs Gas, Inc.
July 25, 2013  -  Meeting with representatives from DuPont
August 8, 2013  -  Meeting with representatives of Honeywell
August 22, 2013  -  Meeting with representatives from Hudson Technologies
September 24  -  Meeting with representatives from Watsco
November 1, 2013  -  Meeting with representatives from Williams & Associates and USA Refrigerants
November 6, 2013  -  Meeting with representatives from Arkema
November 7, 2013  -  Meeting with representatives from Natural Resources Defense Council (NRDC)
November 12, 2013  -  Meeting with representatives from Honeywell
November 14, 2013  -  Meeting with representatives from Heating, Air-conditioning & Refrigeration Distributors International (HARDI)
November 20  -  Meeting with representative from EOS Climate*
*These companies provided Confidential Business Information to EPA at their meeting or in subsequent correspondence.
This document does not reflect meetings held at the Office of Management and Budget while the rule was being reviewed in accordance with E.O. 12866 and E.O. 13563. For a list of those meetings and the participants, please visit http://www.whitehouse.gov/omb/oira_2060_meetings/.