[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Page 42517]
[FR Doc No: 2015-17609]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4223-DR; Docket ID FEMA-2015-0002]

Texas; Amendment No. 6 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-4223-DR), dated May 29, 2015, and related
determinations.

DATES: Effective date: July 1, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
May 29, 2015.

    Brazoria and Ellis Counties for Individual Assistance.
    Bowie, Cherokee, and Harrison Counties for Individual Assistance
(already designated for Public Assistance).
    Callahan, Dickens, Edwards, Frio, Hartley, Hill, Leon, Parker,
Real, Trinity, and Victoria Counties for Public Assistance.
    Dallas, Eastland, Hidalgo, and Nueces Counties for Public
Assistance (already designated for Individual Assistance).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-17609 Filed 7-16-15; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48502-48503]
[FR Doc No: 2021-18714]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31386; Amdt. No. 3971]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective August 31, 2021. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 31, 2021.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30. 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29 Room 104, Oklahoma
City, OK 73169. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by
establishing, amending, suspending, or removes SIAPS, Takeoff Minimums
and/or ODPS. The complete regulatory description of each SIAP and its
associated Takeoff Minimums or ODP for an identified airport is listed
on FAA form documents which are incorporated by reference in this
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20.
The applicable FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B,
when required by an entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flights safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less

than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    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 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Lists of Subjects in 14 CFR part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on August 20, 2021.
Wade E.K. Terrell,
Aviation Safety, Flight Standards Service, Manager (A), Flight
Technologies and Procedures Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CRF part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

* * * Effective 7 October 2021

Fairbanks, AK, Fairbanks Intl, Takeoff Minimums and Obstacle DP,
Amdt 7
Atlanta, GA, KATL, ILS OR LOC RWY 28, ILS RWY 28 (SA CAT I), ILS RWY
28 (CAT II), Amdt 5
Atlanta, GA, KATL, ILS PRM RWY 28 (CLOSE PARALLEL), ILS PRM RWY 28
(CLOSE PARALLEL) (SA CAT I), ILS PRM RWY 28 (CLOSE PARALLEL) (CAT
II), Amdt 5
Lihue, HI, PHLI, RNAV (RNP) Z RWY 21, Orig-B
Dubuque, IA, KDBQ, RNAV (GPS) RWY 18, Orig-C
Chicago/Rockford, IL, KRFD, ILS OR LOC RWY 7, ILS RWY 7 (SA CAT I),
ILS RWY 7 (CAT II), ILS RWY 7 (CAT III), Amdt 2
Chicago/Rockford, IL, KRFD, RNAV (GPS) RWY 19, Amdt 2D
Leonardtown, MD, 2W6, RNAV (GPS) RWY 29, Amdt 1A
Carrabassett, ME, B21, RNAV (GPS)-A, Amdt 1
Benton Harbor, MI, Southwest Michigan Rgnl, Takeoff Minimums and
Obstacle DP, Amdt 7A
Caledonia, MN, Houston County, Takeoff Minimums and Obstacle DP,
Orig
Fairmont, MN, KFRM, ILS OR LOC RWY 31, Amdt 1A
Fairmont, MN, KFRM, RNAV (GPS) RWY 13, Orig-B
International Falls, MN, Falls Intl-Einarson Field, Takeoff Minimums
and Obstacle DP, Amdt 4A
Great Falls, MT, KGTF, RNAV (RNP) Z RWY 21, Orig-E
Watford City, ND, S25, RNAV (GPS) RWY 12, Amdt 1
Watford City, ND, S25, RNAV (GPS) RWY 30, Amdt 1
Albany, NY, Albany Intl, Takeoff Minimums and Obstacle DP, Amdt 14
New York, NY, KLGA, RNAV (GPS) X RWY 22, Orig
Gold Beach, OR, Gold Beach Municipal Airport, NELL ONE Graphic DP
Gold Beach, OR, Gold Beach Municipal Airport, Takeoff Minimums and
Obstacle DP, Orig
La Grande, OR, La Grande/Union County, LA GRANDE ONE Graphic DP
Coatesville, PA, KMQS, ILS OR LOC RWY 29, Amdt 8
Coatesville, PA, KMQS, RNAV (GPS) RWY 11, Amdt 1
Coatesville, PA, KMQS, RNAV (GPS) RWY 29, Amdt 1
Crewe, VA, W81, RNAV (GPS)-B, Amdt 1
Burlington, VT, KBTV, RNAV (GPS) RWY 15, AMDT 1C
Pullman/Moscow, WA, KPUW, RNAV (GPS) Y RWY 23, Amdt 3
Jackson, WY, Jackson Hole, GEYSER SIX Graphic DP
[FR Doc. 2021-18714 Filed 8-30-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Proposed Rules]
[Page 57121]
[FR Doc No: 2015-24098]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

Notice of Intent To Designate as Abandoned Normal Category Type
Certificate: Silvercraft S.co.p.a., Type Certificate No. H2EU

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent to designate Silvercraft S.p.A. type
certificate issued in the normal category as abandoned; request for
comments.

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SUMMARY: This notice announces the FAA's intent to designate
Silvercraft S.co.p.a. (Silvercraft) Type Certificate (TC) H2EU, issued
in the normal category, as abandoned. The FAA has been unable to locate
Silvercraft, the TC holder, concerning the continued airworthiness of
the aircraft certificated under its TC. The Federal Aviation
Regulations (regulations) require that TC holders report certain
failures, malfunctions, and defects to the FAA. The regulations also
require, upon request, that TC holders submit design changes to the FAA
that are necessary to correct any unsafe condition in their products.
The FAA is responsible for surveillance of Silvercraft's ability to
perform continued operational safety management and oversight of the
helicopter on its TC. This action is intended to ensure that
Silvercraft Model SH-4 helicopters are under a TC that has active
continued operational safety management and oversight by a TC holder
that can be subject to periodic safety audits by the FAA.

DATES: Comments must be received on or before March 21, 2016.

ADDRESSES: Comments on this notice must be submitted to the Federal
Aviation Administration, Rotorcraft Standards Staff, ASW-110,
Rotorcraft Directorate, 10101 Hillwood Pkwy., Fort Worth, Texas 76177;
fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Tyrone D. Millard, Aerospace Engineer,
FAA, Rotorcraft Directorate, Aircraft Certification Service, 10101
Hillwood Pkwy., Fort Worth, Texas 76177; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to provide comments, written data,
views, or arguments relating to this notice. Comments should be
submitted to the address specified above. All comments received on or
before the closing date will be considered. All comments received will
be available in the docket for examination by interested persons.
Comments may be inspected at the office of the FAA, Rotorcraft
Standards Staff, Rotorcraft Directorate, 5th Floor, 10101 Hillwood
Pkwy, Fort Worth, Texas, between 9 a.m. and 4 p.m. Monday through
Friday, except Federal holidays.

Discussion

    This notice is intended to inform the public that the FAA intends
to designate Silvercraft Type Certificate H2EU, issued in the normal
category, as abandoned and that no additional original airworthiness
certificates will be issued against Type Certificate H2EU.
    On September 8, 1968, Registro Aeronautico Italiano (now Ente
Nazionale per l'Aviazione Civile) issued Silvercraft an Italian TC. On
September 11, 1968, the FAA issued TC H2EU for Model SH-4 helicopters
to Silvercraft S.co.p.a., Via Carlo Alberto n. 42, 14049 Nissa
Monfferrato (At), Italy. On May 2, 2011, the European Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Union, revoked Silvercraft's TC SO/A-145. The reason for
the revocation is Silvercraft's failure to apply for a design
organization approval or an alternative, which is required as an EASA
TC holder. Additionally, Silvercraft has failed to respond to all
communications from EASA.
    As a result of the information provided by EASA, the FAA sent a
registered letter to Silvercraft dated February 27, 2015, informing the
company that we intend to classify TC H2EU as abandoned unless, within
60 days of receipt of the letter, we receive a written statement from
them stating they are the holder of TC H2EU. The FAA has also attempted
to make contact with Silvercraft by other means including telephone
communication and internet searches but without success. A review of
the FAA National Aircraft Registration Database confirms that there are
no U.S.- registered SH-4 helicopters.
    The basis for issuance of a TC not only includes the applicant's
submittal of various reports and data, but also the submittal of
information about periodic inspections and maintenance to assure the
continued operational safety of the helicopter. Among other regulatory
requirements, 14 CFR 21.3 requires TC holders to report certain
failures, malfunctions, and defects to the FAA; and 14 CFR 21.99
requires that TC holders submit design changes that are necessary to
correct any unsafe condition in its products. Silvercraft is obligated
to meet these requirements for all aircraft under its TC.
    The FAA is responsible for surveillance of a TC holder's ability to
perform continued operational safety management and oversight of each
helicopter on its TC. The FAA continues to monitor the safety
performance of a helicopter type design after the aircraft is approved
and placed into service. This is accomplished through post-
certification review of TC holder data, review of service difficulty
reports, communication with aircraft owners and operators, and other
information provided by a TC holder. Periodic safety audits cannot be
accomplished if the TC holder cannot be located. To date, the FAA has
been unsuccessful in all attempts to locate Silvercraft.
    Hence, the FAA proposes to flag TC H2EU and consider it abandoned.
This notice informs the public that the FAA intends to designate TC
H2EU as abandoned and no additional original airworthiness certificates
will be issued against that TC. This action is not intended as a
surrender, suspension, revocation, or termination of the TC as those
terms are used in 14 CFR part 21. However, this action is intended to
ensure that each Silvercraft Model SH-4 helicopter is under a TC that
has active continued operational safety management and oversight by a
TC holder that can be subject to periodic safety audits by the FAA.

    Issued in Fort Worth, Texas on September 10, 2015.
James A. Grigg,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2015-24098 Filed 9-21-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58118-58122]
[FR Doc No: 2017-26537]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2017-0667; FRL-9971-66-OAR]

Findings of Failure To Submit State Implementation Plan
Submittals for the 2008 Ozone National Ambient Air Quality Standards
(NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking final
action to find that three states have failed to submit timely revisions
to their state implementation plans (SIPs) as required to satisfy
certain requirements under the Clean Air Act (CAA) for implementation
of the 2008 ozone National Ambient Air Quality Standards (2008 ozone
NAAQS). These findings of failure to submit apply to states with
overdue SIP revisions (or attainment plans) for nonattainment areas
reclassified from ``Marginal'' to ``Moderate'' in May 2016 because the
areas failed to attain the 2008 ozone NAAQS by the Marginal area
attainment date of July 20, 2015. The SIP revisions to address all
applicable Moderate area attainment plan requirements for these areas
were due on January 1, 2017. This action requires the affected states
to timely submit a SIP revision consistent with the requirements of the
CAA and the EPA regulations. If a state fails to make the required
timely SIP submittal, or if a submitted SIP is incomplete, the CAA
requires the imposition of sanctions for the affected area(s). In
addition, the EPA is obligated to promulgate a federal implementation
plan (FIP) to address any outstanding SIP requirements if a state does
not submit, and the EPA does not approve, a state's submittal within 24
months of the effective date of these findings.

DATES: The effective date of this action is January 10, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2017-0667. All documents in the docket are
listed and publicly available at http://www.regulations.gov. Although
listed in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically at http://www.regulations.gov or in
hard copy at the EPA Docket Center (EPA/DC), EPA WJC West Building,
Room 3334, 1301 Constitution Avenue NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Office
of Air and Radiation Docket and Information Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Virginia Raps, Office of Air
Quality Planning and Standards, Air Quality Policy Division, U.S.
Environmental Protection Agency, Mail Code: C539-01, 109 T.W. Alexander
Drive, Research Triangle Park, NC 27711; by telephone<PHONE_NUMBER>;
or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Notice and Comment Under the Administrative Procedure Act (APA)

    Section 553 of the APA\1\ provides that, when an agency for good
cause finds that notice and public procedures are impracticable,
unnecessary or contrary to the public interest, the agency may issue a
rule without providing notice and an opportunity for public comment.
The EPA has determined that there is good cause for making this final
agency action without prior proposal and opportunity for comment
because no significant EPA judgment is involved in making findings of
failure to submit SIPs, or elements of SIPs. Rather, the findings are
required by the CAA where states have made no submissions to meet the
SIP requirements, or where the EPA has separately determined that they
made incomplete submissions. Thus, notice and public procedures are
unnecessary. The EPA finds that this constitutes good cause under 5
U.S.C. 553(b)(3)(B).
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    \1\ See 5 U.S.C. 553(b)(3)(B).
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B. How can I get copies of this document and other related information?

    In addition to being available in the docket, an electronic copy of
this action will be posted at https://www.epa.gov/ozone-pollution/2008-ozone-national-ambient-air-quality-standards-naaqs-nonattainment-actions.

C. Where do I go if I have a specific state question?

    For questions related to specific states mentioned in this notice,
please contact the appropriate EPA Regional office:

------------------------------------------------------------------------
            Regional offices                          States
------------------------------------------------------------------------
EPA Region 2: Rick Ruvo, Chief, Air      New Jersey.
 Programs Branch, 290 Broadway, New
 York, NY 10007.
EPA Region 5: John Mooney, Chief, Air    Illinois.
 Programs Branch, 77 West Jackson Blvd,
 Chicago, IL 60604.
EPA Region 9: Doris Lo, Chief,           California.
 Rulemaking Office; Anita Lee, Acting
 Chief, Planning Office; or Gerardo
 Rios, Chief, Permits Office, 75
 Hawthorne Street, San Francisco, CA
 94105.
------------------------------------------------------------------------

D. How is the preamble organized?

Table of Contents

I. General Information
    A. Notice and Comment Under the Administrative Procedure Act
(APA)
    B. How can I get copies of this document and other related
information?
    C. Where do I go if I have a specific state question?
    D. How is the preamble organized?
II. Background
III. Consequences of Findings of Failure To Submit
IV. Findings of Failure To Submit for States That Failed To Make a
Moderate Nonattainment Area SIP Submittal
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Executive
Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act of 1995 (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Population and Low-Income
Populations
    L. Congressional Review Act (CRA)
    M. Judicial Review

II. Background

    On March 27, 2008, the EPA issued its final rule to revise the
ozone NAAQS establishing new 8-hour standards to provide the necessary
protection of public health and welfare.\2\ In that action, the EPA
promulgated identical standards of 0.075 parts per million (ppm) for
the primary and secondary standards.\3\ Those standards are met when
the 3-year average of the annual fourth-highest daily maximum 8-hour
average ozone concentration is less than or equal to 0.075 ppm.\4\
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    \2\ National Ambient Air Quality Standards for Ozone; final rule
(73 FR 16436; March 27, 2008).
    \3\ Since the 2008 primary and secondary NAAQS for ozone are
identical, the EPA refers to both as the ``2008 ozone NAAQS.''
    \4\ See 40 CFR 50.15. The 8-hour primary and secondary ozone
standards are met at an ambient air quality monitoring site when the
3-year average of the annual fourth-highest daily maximum 8-hour
average ozone concentration is less than or equal to 0.075 ppm.
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    Promulgation of a revised NAAQS triggers a requirement for the EPA
to designate areas of the country as nonattainment, attainment, or
unclassifiable for the standards. For any revised ozone NAAQS, the EPA
must classify each nonattainment area based on the severity of the
ozone levels.\5\ The severity of ozone levels is determined based on an
area's ``design value,'' which is an indicator of the ozone levels in
the area during the most recent 3 years.\6\ The possible
classifications for ozone nonattainment areas are, in order from
``lowest'' to ``highest'' diversion from the standard, Marginal,
Moderate, Serious, Severe and Extreme.\7\ Nonattainment areas with a
``lower'' classification have ozone levels that are closer to the
standard than areas with a ``higher'' classification.
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    \5\ See CAA section 107(d)(1) and CAA section 181(a)(1).
    \6\ The 8-hour ozone design value occurs at the area's ambient
air quality monitoring site having the highest fourth-highest 8-hour
concentration of ozone during a 3-year period.
    \7\ See CAA section 181(a)(1).
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    On May 21, 2012, and June 11, 2012, the EPA issued rules
designating 46 areas throughout the country as nonattainment for the
2008 ozone NAAQS (both rules were effective July 20, 2012), and
establishing classifications for the designated nonattainment areas.\8\
Thirty-six of these areas were classified as Marginal; the remaining 10
areas were classified as Moderate or higher. All 46 areas are subject
to the general nonattainment area planning requirements of CAA section
172 and also to the ozone-specific planning requirements of CAA section
182.\9\
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    \8\ Air Quality Designations for the 2008 Ozone National Ambient
Air Quality Standards; final rule (77 FR 30088; May 21, 2012 and 77
FR 34221; June 11, 2012).
    \9\ States within the Ozone Transport Region are further subject
to CAA section 184.
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    Ozone nonattainment areas of lower classifications have fewer and
less stringent mandatory air quality planning and control requirements
than those of higher classifications. For a Marginal area, a state is
required to provide a baseline emissions inventory, adopt regulations
to receive emissions statements from major stationary sources, and
implement a nonattainment New Source Review (NSR) program for the
relevant ozone standard.\10\ For a Moderate area, a state is required
to comply with all the Marginal area requirements and, in addition,
submit an analysis demonstrating how the area will attain the 2008
ozone NAAQS no more than 6 years from the effective date of initial
designation to nonattainment. A state is also required to adopt and
implement certain emissions controls, such as Reasonably Available
Control Technology (RACT), for new or modified major stationary
sources, apply greater emissions offsets than required for a Marginal
area under the state's nonattainment NSR program, develop a basic
vehicle inspection and maintenance program consistent with established
population criteria, meet certain Rate of Progress or Reasonable
Further Progress (RFP) requirements, and develop contingency measures
for failure to meet RFP or timely attain the NAAQS.
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    \10\ See CAA section 182(a).
---------------------------------------------------------------------------

    On March 6, 2015, the EPA established a final implementation rule
for the 2008 ozone NAAQS (2008 Ozone SIP Requirements Rule).\11\ That
action detailed the attainment planning and control requirements
applicable to

ozone nonattainment areas and also established timelines for SIP
submittals and compliance dates for implementing RACT in areas
classified Moderate and above.
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    \11\ Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements; final
rule (80 FR 12264; March 6, 2015).
---------------------------------------------------------------------------

    The attainment date for the 36 nonattainment areas initially
classified as Marginal for the 2008 ozone NAAQS was July 20, 2015. On
May 4, 2016, the EPA determined that for 11 of these areas, states
failed to attain the standard by the attainment date and did not
qualify for a 1-year attainment date extension. By operation of law,
such areas were reclassified to Moderate. In the same action, the EPA
established January 1, 2017, as the deadline for states to submit
Moderate area attainment plans for those reclassified areas and for
implementing RACT.\12\ The EPA reclassified two additional areas from
Marginal to Moderate in December 2016, both of which were also subject
to the January 1, 2017, SIP submission and RACT compliance due
dates.13 14
---------------------------------------------------------------------------

    \12\ See 80 FR 12264; March 6, 2015, Section III.D.1.b., What
are the SIP requirements for the 2008 ozone NAAQS?
    \13\ Determination of Nonattainment and Reclassification of the
Houston-Galveston-Brazoria 2008 8-Hour Ozone Nonattainment Area;
Texas; final rule (81 FR 90207; December 14, 2016).
    \14\ Reclassification of the Sheboygan, Wisconsin Area to
Moderate Nonattainment for the 2008 Ozone National Ambient Air
Quality Standards; final rule (81 FR 91841; December 19, 2016).
---------------------------------------------------------------------------

III. Consequences of Findings of Failure To Submit

    For plan requirements under subpart D, title I of the CAA, such as
those for ozone nonattainment areas, if the EPA finds that a state has
failed to make the required SIP submittal or that a submitted SIP is
incomplete, then CAA section 179 establishes specific consequences,
including the eventual imposition of mandatory sanctions for the
affected area(s).\15\ Additionally, such a finding triggers an
obligation under CAA section 110(c) for the EPA to promulgate a FIP no
later than 2 years from the effective date of the finding, if the
affected state has not submitted, and the EPA has not approved, the
required SIP submittal.\16\
---------------------------------------------------------------------------

    \15\ See 42 U.S.C. 7509.
    \16\ See 42 U.S.C. 7410(c).
---------------------------------------------------------------------------

    If the EPA has not affirmatively determined that a state has
submitted a complete SIP addressing the deficiency that is the basis
for these findings within 18 months of the effective date of this
rulemaking, or the submittal has not become complete by operation of
law 6 months after submittal, then pursuant to CAA section 179(a) and
(b) and 40 CFR 52.31, the offset sanction identified in CAA section
179(b)(2) will apply in the affected nonattainment area. If the EPA has
not affirmatively determined that the state has submitted a complete
SIP addressing the deficiencies that are the basis for these findings
within 6 months after the offset sanction is imposed, or the submittal
has not become complete by operation of law 6 months after submittal,
then the highway funding sanction will apply in the affected
nonattainment area, in accordance with CAA section 179(b)(1) and 40 CFR
52.31. The state must make the required SIP submittal and the EPA must
take final action to approve the submittal within 2 years of the
effective date of these findings; otherwise, the EPA is required to
promulgate a FIP. This is required pursuant to CAA section 110(c), for
the affected nonattainment area.

IV. Findings of Failure To Submit for States That Failed To Make a
Moderate Nonattainment Area SIP Submittal

    Based on a review of SIP submittals received as of the date of this
final action, the EPA is finding that the states listed in Table 1 have
failed to submit specific SIP elements for the 2008 ozone NAAQS
required under subpart 2 of part D of title 1 of the CAA.

Table 1--Findings of Failure To Submit Certain Required SIP Elements for
                  2008 Ozone NAAQS Nonattainment Areas
------------------------------------------------------------------------
       Region           State       Area name      Required SIP elements
------------------------------------------------------------------------
2...................  NJ        New York-N. New     Contingency
                                 Jersey-Long        measures for
                                 Island.            volatile organic
                                                    compounds (VOC) and
                                                    oxides of nitrogen
                                                    (NOX);
                                                    Ozone
                                                    attainment
                                                    demonstration;
                                                    RACT Non-
                                                    Control Techniques
                                                    Guidelines for major
                                                    stationary sources
                                                    of VOC;
                                                    RACT for
                                                    major stationary
                                                    sources of NOX; and
                                                    RFP for VOC
                                                    and NOX for Moderate
                                                    nonattainment area.
5...................  IL        Chicago-            Basic
                                 Naperville.        Vehicle Inspection
                                                    and Maintenance (I/
                                                    M) program;
                                                    Contingency
                                                    measures for VOC and
                                                    NOX;

                                                    Nonattainment NSR
                                                    program for Moderate
                                                    nonattainment area;
                                                    Ozone
                                                    attainment
                                                    demonstration;
                                                    RACT Non-
                                                    Control Techniques
                                                    Guidelines for major
                                                    stationary sources
                                                    of VOC;
                                                    RACT for
                                                    major stationary
                                                    sources of NOX; and
                                                    RFP for VOC
                                                    and NOX for Moderate
                                                    nonattainment area.
9...................  CA        Kern County
                                 (Eastern Kern).    Nonattainment NSR
                                                    program for Moderate
                                                    nonattainment area;
                                                    and
                                                    RACT for
                                                    major sources of
                                                    NOX.
9...................  CA        Mariposa County..   Emissions
                                                    Statement; and

                                                    Nonattainment NSR
                                                    for Moderate
                                                    nonattainment area.
9...................  CA        Nevada County       Contingency
                                 (Western part).    measures for VOC and
                                                    NOX;
                                                    Emissions
                                                    statement;
                                                    Ozone
                                                    attainment
                                                    demonstration;
                                                    RACT Non-
                                                    Control Techniques
                                                    Guidelines for major
                                                    stationary sources
                                                    of VOC;
                                                    RACT for
                                                    major stationary
                                                    sources of NOX; and
                                                    RFP for VOC
                                                    and NOX for Moderate
                                                    nonattainment area.
------------------------------------------------------------------------

V. Environmental Justice Considerations

    The EPA believes that the human health or environmental risks
addressed by this action will not have disproportionately high or
adverse human health or environmental effects on minority, low-income,
or indigenous populations. This is because it does not directly affect
the level of protection provided to human health or environment under
the ozone NAAQS. The purpose of this rule is to make findings that
three states have failed to provide the EPA with the identified SIP
submissions, which are required by the CAA for purposes of implementing
the 2008 ozone NAAQS. As such, this action does not directly affect the
level of protection provided for human health or the environment.
Moreover, it is intended that the actions and deadlines resulting from
this notice will lead to greater protection for United States citizens,
including minority, low-income, or indigenous populations by ensuring
that states meet their statutory obligation to develop and submit SIPs
to ensure that areas make progress toward attaining the 2008 ozone
NAAQS.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Executive Order
13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the provisions of the PRA. This final rule does not establish any new
information collection requirement apart from what is already required
by law. This rule relates to the requirement in the CAA for states to
submit SIPs under sections 172 and 182 which address the statutory
requirements that apply to areas designated as Moderate nonattainment
for the ozone NAAQS.

D. Regulatory Flexibility Act (RFA)

    I certify that this rule will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The rule is
a finding that the named states have not submitted the necessary SIP
revisions.

E. Unfunded Mandates Reform Act of 1995 (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This rule finds that several states have failed
to submit SIP revisions that satisfy the nonattainment area planning
requirements under sections 172 and 182 of the CAA for the 2008 ozone
NAAQS. No tribe is subject to the requirement to submit an
implementation plan under section 172, or under subpart 2 of part D of
Title I of the CAA. Thus, Executive Order 13175 does not apply to this
action.

H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that the EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it is a finding that several states have failed to submit SIP
revisions that satisfy the Moderate nonattainment area planning
requirements under sections 172 and 182 of the CAA for the 2008 ozone
NAAQS and does not directly or disproportionately affect children.

I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. In finding that several states have failed
to submit SIP revisions that satisfy the Moderate nonattainment area
planning requirements under sections 172 and 182 of the CAA for the
2008 ozone NAAQS, this action does not directly affect the level of
protection provided to human health or the environment. The results of
this evaluation are contained in Section V of this preamble titled
``Environmental Justice Considerations.''

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

M. Judicial Review

    Section 307(b)(l) of the CAA indicates which Federal Courts of
Appeal have venue for petitions of review of final agency actions by
the EPA under the CAA. This section provides, in part, that petitions
for review must be filed in the United States Court of Appeals for the
District of Columbia Circuit, (i) when the agency action consists of
``nationally applicable regulations promulgated, or final actions
taken, by the Administrator,'' or (ii) when such action is locally or
regionally applicable, if ``such action is based on a determination of
nationwide scope or effect and if in taking such action the
Administrator finds and publishes that such action is based on such a
determination.''
    The EPA has determined that this final rule consisting of findings
of failure to submit certain of the required SIP revisions is
``nationally applicable'' within the meaning of section 307(b)(1) of
the CAA. This final agency action affects three states with Moderate
nonattainment areas located in three of the ten EPA Regional offices,
and in

three different U.S. Federal Circuit Courts (3rd Circuit for New
Jersey; 7th Circuit for Illinois; and 9th Circuit for California).
    In addition, the EPA has determined that this rule has nationwide
scope or effect because it addresses a common core of knowledge and
analysis involved in formulating the decision and a common
interpretation of the requirements of 40 CFR 51 appendix V applied to
determining the completeness of SIPs in states across the country. This
determination is appropriate because, in the 1977 CAA Amendments that
revised CAA section 307(b)(l), Congress noted that the Administrator's
determination that an action is of ``nationwide scope or effect'' would
be appropriate for any action that has ``scope or effect beyond a
single judicial circuit.'' H.R. Rep. No. 95-294 at 323-324, reprinted
in 1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect of this action
extends to the three judicial circuits that include the states across
the country affected by this action. In these circumstances, CAA
section 307(b)(1) and its legislative history authorize the
Administrator to find the rule to be of ``nationwide scope or effect''
and, thus, to indicate that venue for challenges lies in the District
of Columbia Circuit. Accordingly, the EPA is determining that this rule
is of nationwide scope or effect.
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit within 60 days from the date this
final action is published in the Federal Register. Filing a petition
for review by the Administrator of this final action does not affect
the finality of the action for the purposes of judicial review, nor
does it extend the time within which a petition for judicial review
must be filed, and shall not postpone the effectiveness of such rule or
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Approval and promulgation of
implementation plans, Administrative practice and procedures,
Incorporation by reference, Air pollution control, Intergovernmental
relations, and Reporting and recordkeeping requirements.

    Dated: November 29, 2017.
William L. Wehrum,
Assistant Administrator.
[FR Doc. 2017-26537 Filed 12-8-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Page 16685]
[FR Doc No: 2013-06144]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0233]

Impax Laboratories, Inc.; Withdrawal of Approval of Bupropion
Hydrochloride Extended-Release Tablets, 300 Milligrams

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is withdrawing approval
of Bupropion Hydrochloride (HCl) Extended-Release Tablets, 300
Milligrams (mg) (Bupropion HCl Extended-Release Tablets 300 mg), under
Abbreviated New Drug Application (ANDA) 77-415, held by Impax
Laboratories, Inc. (Impax), 30831 Huntwood Ave., Hayward, CA 94544, and
marketed under the name BUDEPRION XL. Impax has voluntarily requested
that approval for this product be withdrawn and waived its opportunity
for a hearing.

DATES: Effective March 18, 2013.

FOR FURTHER INFORMATION CONTACT: Carolina M. Wirth, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6282, Silver Spring, MD 20993-0002, 301-
796-3602.

SUPPLEMENTARY INFORMATION: FDA approved ANDA 77-415 for Bupropion HCl
Extended-Release Tablets 300 mg (marketed under the name BUDEPRION XL)
on December 15, 2006 pursuant to section 505(j) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(j)). Bupropion HCl
Extended-Release Tablets 300 mg was indicated for the treatment of
major depressive disorder. On September 27, 2012, FDA requested that
Impax voluntarily withdraw its Bupropion HCl Extended-Release Tablets
300 mg from the market after results of an FDA-sponsored bioequivalence
study showed that Impax's Bupropion HCl Extended-Release Tablets 300 mg
are not therapeutically equivalent to the 300-mg strength of the
reference listed drug. In a letter dated September 30, 2012, Impax
requested that FDA withdraw approval of the 300-mg strength of
Bupropion HCl Extended Release Tablets, approved under ANDA 77-415,
pursuant to Sec.  314.150(d) (21 CFR 314.150(d)). In that letter, Impax
also waived its opportunity for a hearing. The Agency acknowledged
Impax's requests in a letter dated November 2, 2012.
    Therefore, under section 505(e) of the FD&C Act (21 U.S.C. 355(e))
and Sec.  314.150(d), and under authority delegated by the Commissioner
to the Director, Center for Drug Evaluation and Research, approval of
the 300-mg strength of Bupropion HCl Extended-Release Tablets under
ANDA 77-415 is withdrawn (see DATES). Distribution of this product in
interstate commerce without an approved application is illegal and
subject to regulatory action (see sections 505(a) and 301(d) of the
FD&C Act (21 U.S.C. 355(a) and 331(d)).

    Dated: March 12, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-06144 Filed 3-15-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Notices]
[Page 55520]
[FR Doc No: 2016-19782]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2016-91]

Petition for Exemption; Summary of Petition Received; The Boeing
Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before September 8, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-8059
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Deana Stedman, ANM-113, Federal
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 2, 2016.
Dale Bouffiou,
Acting Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2016-8059
    Petitioner: The Boeing Company
    Section(s) of 14 CFR Affected: Sec.  25.901(c)
    Description of Relief Sought: The Boeing Company seeks relief from
the no single failure requirement of 14 CFR 25.901(c) as it relates to
un-commanded high thrust failure in combination with a high level of
crosswind for Model 787 airplanes.
[FR Doc. 2016-19782 Filed 8-18-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Proposed Rules]
[Pages 26499-26501]
[FR Doc No: 2016-10177]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2016-4291; Airspace Docket No. 16-AGL-7

Proposed Amendment of Class E Airspace for the Following Indiana
Towns; Goshen, IN; Greencastle, IN; Huntingburg, IN; North Vernon, IN;
Rensselaer, IN; Tell City, IN; and Washington, IN; and Revocation of
Class E Airspace; Vincennes, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E airspace extending
upward from 700 feet above the surface at Vigil I. Grissom Municipal
Airport, Bedford, IN; Goshen Municipal Airport, Goshen, IN; Putnam
County Airport, Greencastle, IN; Huntingburg Airport, Huntingburg, IN;
North Vernon Airport, North Vernon, IN; Jasper County Airport,
Rensselaer, IN; Perry County Municipal Airport, Tell City, IN; and
Daviess County Airport, Washington, IN. This action also proposes to
remove Class E airspace extending upward from 700 feet above the
surface at O'Neal Airport, Vincennes, IN. Decommissioning of non-
directional radio beacons (NDB), cancellation of NDB approaches,
implementation of area navigation (RNAV) procedures, and closure of
O'Neal Airport, have made this action necessary for the safety and
management of Instrument Flight Rules (IFR) operations at the above
airports. This action also would update the geographic coordinates of
Goshen Municipal Airport, Putnam County Airport, North Vernon Airport,
Jasper County Airport, and Perry County Municipal Airport to coincide
with the FAAs aeronautical database.

DATES: Comments must be received on or before June 17, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2016-
4291; Airspace Docket No. 16-AGL-7, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527) is on the ground floor of the building at the above address.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: 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 Class E airspace at Vigil I. Grissom Municipal
Airport, Bedford, IN; Goshen Municipal Airport, Goshen, IN; Putnam
County Airport, Greencastle, IN; Huntingburg Airport, Huntingburg, IN;
North Vernon Airport, North Vernon, IN; Jasper County Airport,
Rensselaer, IN; Perry County Municipal Airport, Tell City, IN; O'Neal
Airport, Vincennes, IN; and Daviess County Airport, Washington, IN.

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-2016-4291/
Airspace Docket No. 16-AGL-7.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 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.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

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

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace extending
upward from 700 feet above the surface at the following airports:

    Within a 6.5-mile radius of Vigil I. Grissom Municipal Airport,
Bedford, IN;
    Within a 6.8-mile radius of Goshen Municipal Airport, Goshen,
IN, and updating the geographic coordinates of this airport;
    Within a 6.5-mile radius of Putnam County Airport, Greencastle,
IN, and updating the geographic coordinates of this airport;
    Within a 6.5-mile radius of Huntingburg Airport, Huntingburg,
IN, with a segment extending from the 6.5 mile radius to 11.2 miles
east of the airport;
    Within a 6.5-mile radius of North Vernon Airport, North Vernon,
IN, and updating the geographic coordinates of this airport;
    Within a 6.4-mile radius of Jasper County Airport, Rensselaer,
IN, and updating the geographic coordinates of this airport;
    Within a 6.4-mile radius of Perry County Municipal Airport, Tell
City, IN, and updating the geographic coordinates of this airport;
and
    Within a 6.4-mile radius of Daviess County Airport, Washington,
IN.

    Airspace reconfiguration is necessary due to the decommissioning of
NDBs, cancellation of NDB approaches, or implementation of RNAV
procedures at the above airports. Controlled airspace is necessary for
the safety and management of the standard instrument approach
procedures for IFR operations at the airports. Additionally, Class E
airspace extending upward from 700 feet above the surface would be
removed at O'Neal Airport, Vincennes, IN, due to closure of the
airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

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

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

* * * * *

AGL IN E5 Bedford, IN [Amended]

Bedford, Virgil I. Grissom Municipal Airport, IN
    (Lat. 38[deg]50'24'' N., long. 86[deg]26'43'' W.)
Bedford, Bedford Medical Center Heliport, IN Point In Space
    (Lat. 38[deg]51'51'' N., long. 86[deg]31'27'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Virgil I. Grissom Municipal Airport, and
within a 6-mile radius of the Bedford Medical Center Heliport point
in space coordinates at lat. 38[deg]51'51'' N., long. 86[deg]31'27''
W.
* * * * *

AGL IN E5 Goshen, IN [Amended]

Goshen Municipal Airport, IN

    (Lat. 41[deg]31'35'' N., long. 85[deg]47'39'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Goshen Municipal Airport.
* * * * *

AGL IN E5 Greencastle, IN [Amended]

Greencastle, Putnam County Airport, IN.
    (Lat. 39[deg]38'01'' N., long. 86[deg]48'50'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Putnam County Airport.
* * * * *

AGL IN E5 Huntingburg, IN [Amended]

Huntingburg Airport, IN
    (Lat. 38[deg]14'57'' N., long. 86[deg]57'13'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Huntingburg Airport and within 2 miles
either side of the 091[deg] bearing from the airport extending from
the 6.5-mile radius to 11.2 miles east of the airport.
* * * * *

AGL IN E5 North Vernon, IN [Amended]

North Vernon Airport, IN
    (Lat. 39[deg]02'43'' N., long. 85[deg]36'20'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of North Vernon Airport.
* * * * *

AGL IN E5 Rensselaer, IN [Amended]

Rensselaer, Jasper County Airport, IN
    (Lat. 40[deg]56'52'' N., long. 87[deg]10'58'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Jasper County Airport.
* * * * *

AGL IN E5 Tell City, IN [Amended]

Tell City, Perry County Municipal Airport, IN
    (Lat. 38[deg]01'08'' N., long. 86[deg]41'33'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Perry County Municipal Airport.
* * * * *

AGL IN E5 Vincennes, IN [Removed]

* * * * *

AGL IN E5 Washington, IN [Amended]

Washington, Daviess County Airport, IN
    (Lat. 38[deg]42'02'' N., long. 87[deg]07'47'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Daviess County Airport.

    Issued in Fort Worth, Texas, on April 19, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-10177 Filed 5-2-16; 8:45 am]
 BILLING CODE 4910-13-P