[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54465-54466]
[FR Doc No: 2011-22428]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9458-3]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public
comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), notice is hereby given of a proposed
settlement agreement to address a lawsuit filed by Sierra Club and
WildEarth Guardians in the United States District Court for the
Northern District of California: Sierra Club et al. v. Jackson, No.
3:10-cv-04060-CRB (N.D. Cal.). On August 10, 2011, Plaintiffs filed a
second amended complaint alleging that EPA failed to perform a duty
mandated by CAA section 110(c)(1), to promulgate Federal Implementation
Plans (``FIPs'') within twenty-four (24) months after issuing a finding
of failure to submit State Implementation Plans (``SIPs'') meeting
applicable requirements of CAA section 110(a)(2), for North Dakota,
Hawaii, Alaska, Idaho, Oregon, Washington, Maryland, Virginia,
Arkansas, Arizona, Florida and Georgia with regard to the 1997 8-hour
ozone National Ambient Air Quality Standards (``NAAQS''). In addition,
Plaintiffs also alleged that EPA failed to perform a duty mandated by
CAA section 110(k)(2), to take final action on the SIP submittals or
portions of submittals meeting applicable requirements of CAA section
110(a)(2), submitted by Maryland, Virginia, Arkansas, Oklahoma,
Florida, Georgia, Nevada, North Carolina, Tennessee, and Arizona with
regard to the 1997 8-hour ozone NAAQS. The proposed settlement
agreement establishes deadlines for EPA to take these actions. In
addition, the proposed settlement agreement requires EPA to take
action, as appropriate, on a petition for rulemaking filed by the
Sierra Club on an issue related to existing SIP provisions.

DATES: Written comments on the proposed settlement agreement must be
received by October 3, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0722, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Geoffrey L. Wilcox, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement would resolve a lawsuit seeking
to compel the Administrator to take various actions related to the
``infrastructure'' SIP submissions of specific states for the 1997 8-
hour ozone NAAQS. First, the proposed settlement agreement would
require the Administrator either to promulgate a FIP, or to approve a
SIP submission from the state in lieu thereof, pursuant to CAA section
110(c)(1), addressing the applicable requirements of section 110(a)(2),
for North Dakota, Hawaii, Alaska, Idaho, Oregon, Washington, Maryland,
Virginia, Arkansas, Arizona, Florida and Georgia with regard to the
1997 8-hour ozone NAAQS. Second, the proposed settlement agreement
would also require the Administrator to take final action pursuant to
CAA section 110(k)(2), on the SIP submittals or portions of submittals
addressing the applicable requirements of section 110(a)(2), for
Maryland, Virginia, Arkansas, Oklahoma, Florida, Georgia, Nevada, North
Carolina, Tennessee, and Arizona with regard to the 1997 8-hour ozone
NAAQS.
    The proposed settlement agreement provides various dates by which
EPA must propose action or take final action with respect to each of
these duties, depending upon the state in question and the element or
elements of section 110(a)(2) at issue. No later than 15 business days
following signature on each notice related to a proposed or final
action specified in the proposed settlement agreement, EPA is required
to send the notice to the Office of the Federal Register for review and
publication in the Federal Register. After EPA fulfills all of its
obligations under the agreement to take actions required by section
110(c) or section 110(k) with respect to the various elements of
section 110(a)(2) for the respective states, the Plaintiffs agree to
file a motion for voluntary dismissal, with prejudice.
    In addition to specific actions required by section 110(c)(1) and
section 110(k), the proposed settlement agreement obligates EPA to
respond to a petition for rulemaking from the Sierra Club concerning
existing provisions in SIPs related to excess emissions from sources
during periods of startup, shutdown, or malfunction (``SSM'') that may
be contrary to the CAA and EPA's policies addressing such emissions.
The proposed settlement agreement requires EPA either to grant or to
deny the petition with respect to the allegedly illegal SSM provisions
by a specified date. If EPA grants the petition with respect to a
provision, EPA agrees to promulgate either a SIP call pursuant to
section 110(k)(5) or an error correction pursuant to section 110(k)(6),
as EPA deems appropriate.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
settlement agreement if the comments disclose facts or considerations
that indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the Act. Unless EPA or the
Department of Justice determines that consent to this settlement
agreement should be withdrawn, the terms of the agreement will be
affirmed.

II. Additional Information About Commenting on the Proposed Settlement
Agreement

A. How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2011-0722) contains a copy of the proposed settlement
agreement. The official public docket is available for public viewing
at the Office of Environmental Information (OEI) Docket in the EPA
Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket Center 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 (202)
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through
http://www.regulations.gov. You may use http://www.regulations.gov to
submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, key in the appropriate docket identification number then select
``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change,
unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov website to submit comments to
EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://www.regulations.gov, your e-mail address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: August 26, 2011.
Patricia Embrey,
Acting, Associate General Counsel.
[FR Doc. 2011-22428 Filed 8-31-11; 8:45 am]
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[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Proposed Rules]
[Pages 71586-71587]
[FR Doc No: 2020-24878]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0879; Airspace Docket No. 20-AGL-36]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Kankakee, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace extending
upward from 700 feet above the surface at Greater Kankakee Airport,
Kankakee, IL. The FAA is proposing this action as the result of an
airspace review caused by the decommissioning of the Kankakee VHF
omnidirectional range (VOR) navigation aid as part of the VOR Minimum
Operational Network (MON) Program.

DATES: Comments must be received on or before December 28, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2020-0879/Airspace Docket No. 20-AGL-36, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Greater Kankakee Airport, Kankakee, IL, to support
instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2020-0879/
Airspace Docket No. 20-AGL-36.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by amending the Class E airspace extending
upward from 700 feet above the surface to within a 6.6-mile (decreased
from a 7-mile) radius of Greater Kankakee Airport, Kankakee, IL;
removing the Kankakee VOR/DME and associated extensions from the
airspace legal description; and amending the southwest extension to 4
(increased from 2) miles each side of the 214[deg] (previously
218[deg]) bearing from the Greater Kankakee: RWY 04-LOC (previously the
airport) extending from

the 6.6-mile (decreased from 7-mile) radius to 16.8 (increased from
16.6) miles southwest of the airport; and removing the city associated
with the airport to comply with changes to FAA Order 7400.2M,
Procedures for Handling Airspace Matters.
    This action is the result of an airspace review caused by the
decommissioning of the Kankakee VOR, which provided navigation
information for the instrument procedures this airport, as part of the
VOR MON Program.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

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

* * * * *

AGL IL E5 Kankakee, IL [Amended]

Greater Kankakee Airport, IL
    (Lat. 41[deg]04'17'' N, long. 87[deg]50'47'' W)

Greater Kankakee: RWY 04-LOC
    (Lat. 41[deg]05'00'' N, long. 87[deg]50'12'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Greater Kankakee Airport, and within 4
miles each side of the 214[deg] bearing from the Greater Kankakee:
RWY 04-LOC extending from the 6.6-mile radius of the airport to 16.8
miles southwest of the airport.

    Issued in Fort Worth, Texas, on November 4, 2020.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-24878 Filed 11-9-20; 8:45 am]
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