[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Proposed Rules]
[Pages 20907-20910]
[FR Doc No: 2011-9099]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0031; FRL-9295-8]

Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Prevention of Significant Deterioration; Greenhouse Gas
Tailoring Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the New Mexico State
Implementation Plan (SIP), submitted by the New Mexico Environment
Department (NMED) to EPA on December 1, 2010. The proposed SIP revision
modifies New Mexico's Prevention of Significant Deterioration (PSD)
program to establish appropriate emission thresholds for determining
which new stationary sources and modification projects become subject
to New Mexico's PSD permitting requirements for their greenhouse gas
(GHG) emissions. Due to the SIP Narrowing Rule, 75 FR 82536, starting
on January 2, 2011, the approved New Mexico SIP's PSD requirements for
GHG apply at the thresholds specified in the Tailoring Rule, not at the
100 or 250 tons per year (tpy) levels otherwise provided under the
Clean Air Act (CAA or Act), which would overwhelm New Mexico's
permitting resources. This rule clarifies the applicable thresholds in
the New Mexico SIP, addresses the flaw discussed in the SIP Narrowing
Rule, and incorporates State rule changes adopted at the State level
into the Federally-approved SIP. EPA is proposing approval of New
Mexico's December 1, 2010, PSD SIP revision because the Agency has made
the preliminary determination that this PSD SIP revision is in
accordance with section 110 and part C of the Federal Clean Air Act and
EPA regulations regarding PSD permitting for GHGs.

DATES: Comments must be received on or before May 16, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2011-0031, by one of the following methods:
    (1) http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    (2) E-mail: Mr. Jeff Robinson at<EMAIL_ADDRESS>Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
paragraph below.
    (3) U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
    (4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at
fax number<PHONE_NUMBER>.
    (5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
    (6) Hand or Courier Delivery: Mr. Jeff Robinson, Chief, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0031. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or e-mail, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you

include your name and other contact information in the body of your
comment along with any disk or CD-ROM submitted. 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. Electronic
files should avoid the use of special characters and any form of
encryption and should be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the Air
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below to make an appointment. If
possible, please make the appointment at least two working days in
advance of your visit. A 15 cent per page fee will be charged for
making photocopies of documents. On the day of the visit, please check
in at the EPA Region 6 reception area on the seventh floor at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
    The State submittals related to this SIP revision, and which are
part of the EPA docket, are also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    New Mexico Environment Department, Air Quality Bureau, 1190 St.
Francis Drive, Sante Fe, New Mexico, 87502.

FOR FURTHER INFORMATION CONTACT: Ms. Melanie Magee (6PD-R), Air Permits
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue
(6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone number is
(214) 665-7161. Ms. Magee can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. Summary of New Mexico's submittal
III. What is the background for this proposed action?
IV. What is EPA's analysis of New Mexico's proposed SIP revision?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. Summary of New Mexico's Submittal

    On December 1, 2010, NMED submitted a SIP revision request to EPA
to establish appropriate emission thresholds for determining which new
or modified stationary sources become subject to New Mexico's PSD
permitting requirements for GHG emissions. The submitted revisions to
the SIP are enacted at <IP_ADDRESS> New Mexico Air Code (NMAC). Final
approval of this SIP revision request will put in place the GHG
emission thresholds for PSD applicability set forth in EPA's Tailoring
Rule, ensuring that smaller GHG sources emitting less than these
thresholds are not subject to permitting requirements. Pursuant to
section 110 of the CAA, EPA is proposing to approve this revision into
the New Mexico SIP. NMED also submitted revisions to the remainder of
the New Mexico PSD program at <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>0, and
<IP_ADDRESS>0 NMAC that correctly update internal cross-references to the
PSD definitions. EPA is also proposing approval of these revisions
pursuant to section 110 of the CAA.
    Also on December 1, 2010, NMED submitted revisions to the New
Mexico Title V Operating Permits Program at 20.2.70 NMAC. EPA will
address these revisions to the New Mexico Title V program at a later
date and in a separate action on the Title V Program.

III. What is the background for this proposed action?

    This section briefly summarizes EPA's recent GHG-related actions
that provide the background for today's proposed action. More detailed
discussion of the background is found in the preambles for those
actions. In particular, the background is contained in what we call the
GHG PSD SIP Narrowing Rule,\1\ and in the preambles to the actions
cited therein.
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    \1\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources
in State Implementation Plans; Final Rule.'' 75 FR 82536 (December
30, 2010).
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A. GHG-Related Actions

    EPA has recently undertaken a series of actions pertaining to the
regulation of GHGs that, although for the most part distinct from one
another, establish the overall framework for today's final action on
the New Mexico SIP. Four of these actions include, as they are commonly
called, the ``Endangerment Finding'' and ``Cause or Contribute
Finding,'' which EPA issued in a single final action,\2\ the ``Johnson
Memo Reconsideration,'' \3\ the ``Light-Duty Vehicle Rule,'' \4\ and
the ``Tailoring Rule.'' \5\ Taken together and in conjunction with the
CAA, these actions established regulatory requirements for GHGs emitted
from new motor vehicles and new motor vehicle engines; determined that
such regulations, when they took effect on January 2, 2011, subjected
GHGs emitted from stationary sources to PSD requirements; and limited
the applicability of PSD

requirements to GHG sources on a phased-in basis. EPA took this last
action in the Tailoring Rule, which, more specifically, established
appropriate GHG emission thresholds for determining the applicability
of PSD requirements to GHG-emitting sources.
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    \2\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66496 (December 15, 2009).
    \3\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010).
    \4\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25324
(May 7, 2010).
    \5\ Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
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    PSD is implemented through the SIP system, and so in December 2010,
EPA promulgated several rules to implement the new GHG PSD SIP program.
Recognizing that some States had approved SIP PSD programs that did not
apply PSD to GHGs, EPA issued a SIP call and, for some of these States,
a FIP.\6\ Recognizing that other States had approved SIP PSD programs
that do apply PSD to GHGs, but that do so for sources that emit as
little as 100 or 250 tpy of GHG, and that do not limit PSD
applicability to GHGs to the higher thresholds in the Tailoring Rule,
EPA issued the GHG PSD SIP Narrowing Rule. Under that rule, EPA
withdrew its approval of the affected SIPs to the extent those SIPs
covered GHG-emitting sources below the Tailoring Rule thresholds. EPA
based its action primarily on the ``error correction'' provisions of
CAA section 110(k)(6).
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    \6\ Specifically, by notice dated December 13, 2010, EPA
finalized a ``SIP Call'' that would require those States with SIPs
that have approved PSD programs but do not authorize PSD permitting
for GHGs to submit a SIP revision providing such authority. ``Action
To Ensure Authority To Issue Permits Under the Prevention of
Significant Deterioration Program to Sources of Greenhouse Gas
Emissions: Finding of Substantial Inadequacy and SIP Call,'' 75 FR
77698 (Dec. 13, 2010). EPA has begun making findings of failure to
submit that would apply in any State unable to submit the required
SIP revision by its deadline, and finalizing FIPs for such States.
See, e.g. ``Action To Ensure Authority To Issue Permits Under the
Prevention of Significant Deterioration Program to Sources of
Greenhouse Gas Emissions: Finding of Failure To Submit State
Implementation Plan Revisions Required for Greenhouse Gases,'' 75 FR
81874 (December 29, 2010); ``Action To Ensure Authority To Issue
Permits Under the Prevention of Significant Deterioration Program to
Sources of Greenhouse Gas Emissions: Federal Implementation Plan,''
75 FR 82246 (December 30, 2010). Because New Mexico's SIP already
authorizes New Mexico to regulate GHGs once GHGs become subject to
PSD requirements on January 2, 2011, New Mexico is not subject to
the proposed SIP Call or FIP.
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B. New Mexico's Actions

    On June 24, 2010, New Mexico provided a letter to EPA, in
accordance with a request to all States from EPA in the Tailoring Rule,
with confirmation that the State has the authority to regulate GHG in
its PSD program. The letter confirmed that current New Mexico rules
require regulating GHGs at the existing 100/250 tpy threshold, rather
than at the higher thresholds set in the Tailoring Rule because the
State does not have the authority to apply the meaning of the term
``subject to regulation'' established in the Tailoring Rule. New Mexico
also submitted a letter on September 14, 2010, in response to the
proposed GHG SIP Call again confirming that EPA correctly classified
New Mexico as a State with authority to apply PSD requirements to GHGs.
The September 14, 2010, letter also identifies that NMED is pursuing
rulemaking activity to define the terms ``greenhouse gas'' and
``subject to regulation''. See the docket for this proposed rulemaking
for copies of New Mexico's June 24, 2010, and September 14, 2010,
letters.
    In the SIP Narrowing Rule, published on December 30, 2010, EPA
withdrew its approval of New Mexico's SIP--among other SIPs--to the
extent that SIP applies PSD permitting requirements to GHG emissions
from sources emitting at levels below those set in the Tailoring
Rule.\7\ As a result, New Mexico's current approved SIP provides the
State with authority to regulate GHGs, but only at and above the
Tailoring Rule thresholds; and Federally requires new and modified
sources to receive a PSD permit based on GHG emissions only if they
emit at or above the Tailoring Rule thresholds.
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    \7\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources
in State Implementation Plans; Final Rule.'' 75 FR 82536 (December
30, 2010).
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    New Mexico has amended its State regulations to incorporate the
Tailoring Rule thresholds, and has submitted the adopted regulations as
revisions to the New Mexico SIP. EPA's proposed approval of the New
Mexico revisions will clarify the applicable thresholds in the New
Mexico SIP.
    The basis for this SIP revision is that limiting PSD applicability
to GHG sources to the higher thresholds in the Tailoring Rule is
consistent with the SIP provisions that provide required assurances of
adequate resources, and thereby addresses the flaw in the SIP that led
to the SIP Narrowing Rule. Specifically, CAA section 110(a)(2)(E)
includes as a requirement for SIP approval that States provide
``necessary assurances that the State * * * will have adequate
personnel [and] funding * * * to carry out such [SIP].'' In the
Tailoring Rule, EPA established higher thresholds for PSD applicability
to GHG-emitting sources on grounds that the States generally did not
have adequate resources to apply PSD to GHG-emitting sources below the
Tailoring Rule thresholds,\8\ and no State, including New Mexico,
asserted that it did have adequate resources to do so.\9\ In the SIP
Narrowing Rule, EPA found that the affected States, including New
Mexico, had a flaw in their SIP at the time they submitted their PSD
programs, which was that the applicability of the PSD programs was
potentially broader than the resources available to them under their
SIP.\10\ Accordingly, for each affected State, including New Mexico,
EPA concluded that EPA's action in approving the SIP was in error,
under CAA section 110(k)(6), and EPA rescinded its approval to the
extent the PSD program applies to GHG-emitting sources below the
Tailoring Rule thresholds.\11\ EPA recommended that States adopt a SIP
revision to incorporate the Tailoring Rule thresholds, thereby (i)
assuring that under State law, only sources at or above the Tailoring
Rule thresholds would be subject to PSD; and (ii) avoiding confusion
under the Federally-approved SIP by clarifying that the SIP applies to
only sources at or above the Tailoring Rule thresholds.\12\
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    \8\ Tailoring Rule, 75 FR 31,517/1.
    \9\ SIP Narrowing Rule, 75 FR 82,540/2.
    \10\ Id. at 82,542/3.
    \11\ Id. at 82,544/1.
    \12\ Id. at 82,540/2.
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IV. What is EPA's analysis of New Mexico's proposed SIP revision?

    The regulatory revisions that NMED submitted on December 1, 2010,
establish thresholds for determining which stationary sources and
modification projects become subject to permitting requirements for GHG
emissions under New Mexico's PSD program. Specifically, the submittal
includes changes to New Mexico's PSD regulations at <IP_ADDRESS>,
<IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>0, and <IP_ADDRESS>0 NMAC.\13\
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    \13\ On December 1, 2010, Governor Richardson also submitted
revisions to the New Mexico Title V program. These revisions were
not submitted as part of the SIP and NMED did not request SIP
approval for these regulations. EPA will take separate action on the
title V program revisions in a separate rulemaking.
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    New Mexico is currently a SIP-approved State for the PSD program,
and has incorporated EPA's 2002 New Source Review (NSR) reform
revisions for PSD into its SIP. In letters provided to EPA on June 24,
2010, and September 14, 2010, New Mexico notified EPA of its
interpretation that the State currently has the authority to regulate
GHGs under its PSD regulations. The current New Mexico program (adopted
prior to the promulgation of EPA's Tailoring Rule) applies to major
stationary sources (having the potential to emit at least 100 tpy or
250 tpy or more of a regulated NSR pollutant, depending on the type of
source) or modifications constructing in

areas designated attainment or unclassifiable with respect to the
National Ambient Air Quality Standards.
    The changes to New Mexico's PSD program regulations are
substantively the same as the amendments to the Federal PSD regulatory
provisions in EPA's Tailoring Rule. As part of its review of this
submittal, EPA performed a line-by-line review of New Mexico's proposed
revision and has determined that they are consistent with the Tailoring
Rule. EPA's Technical Support Document detailing our analysis of the
proposed revisions to the New Mexico SIP is available in the docket for
this action.

V. What action is EPA taking?

    EPA is proposing to approve New Mexico's December 1, 2010, SIP
submittal, relating to PSD requirements for GHG-emitting sources.
Specifically, New Mexico's December 1, 2010, proposed SIP revision
establishes appropriate emissions thresholds for determining PSD
applicability to new and modified GHG-emitting sources in accordance
with EPA's Tailoring Rule. EPA has made the determination that this SIP
submittal is approvable because it is in accordance with the CAA and
EPA regulations regarding PSD permitting for GHGs.
    If EPA finalizes our approval of New Mexico's changes to its air
quality regulations to incorporate the appropriate thresholds for GHG
permitting applicability into New Mexico's SIP, then paragraph (d) in
Section 52.1634 of 40 CFR part 52, as included in EPA's SIP Narrowing
Rule--which codifies the limitation of EPA's approval of New Mexico's
PSD SIP to not cover the applicability of PSD to GHG-emitting sources
below the Tailoring Rule thresholds--is no longer necessary. In today's
proposed action, EPA is also proposing to amend Section 52.1634 of 40
CFR part 52 to remove this unnecessary regulatory language.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Clean Air Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, and Reporting and recordkeeping requirements.

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

    Dated: April 6, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-9099 Filed 4-13-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Rules and Regulations]
[Pages 38265-38266]
[FR Doc No: 2022-13682]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0867; Airspace Docket No. 21-AAL-39]
RIN 2120-AA66

Establishment of United States Area Navigation (RNAV) Route T-
435; Sand Point, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes United States Area Navigation (RNAV)
route T-435 in the vicinity of Sand Point, AK in support of a large and
comprehensive T-route modernization project for the state of Alaska.

DATES: Effective date 0901 UTC, September 8, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, 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 Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it expands the availability of RNAV routing in Alaska and
improve the efficient flow of air traffic within the National Airspace
System by lessening the dependency on ground based navigation.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0867 in the Federal Register (86 FR 59065; October 26, 2021),
establishing United States Area Navigation (RNAV) route T-435 in the
vicinity of Sand Point, AK in support of a large and comprehensive T-
route modernization project for the state of Alaska. Interested parties
were invited to participate in this rulemaking effort by submitting
comments on the proposal. There were no comments received.
    United States Area Navigation Routes are published in paragraph
6011 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 route listed in this document would be published subsequently
in FAA Order JO 7400.11F.

Differences From the NPRM

    Subsequent to the publication of the NPRM for Docket No. FAA-2021-
0867 in the Federal Register (86 FR 59065; October 26, 2021),
establishing United States Area Navigation (RNAV) route T-435 in the
vicinity of Sand Point, AK, the FAA determined it was necessary to
relocate the HOLIM waypoint (WP), to address instrument flight
procedure concerns related to two points (i.e. fix, navigational aid,
WPs) being located too close to one another. As a result, the latitude/
long geographic coordinates for the HOLIM WP are changed from what was
proposed in the NPRM. This change moves the WP by approximately 600-
feet from the location as proposed in the NPRM. The regulatory text in
this action incorporates this change.

Availability and Summary of Documents for Incorporation by Reference

    This document amends 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 Rule

    This action amends 14 CFR part 71 by establishing RNAV route T-435
in the vicinity of Sand Point, AK in support of a large and
comprehensive T-route modernization project for the state of Alaska.
    The route is described below.
    T-435: This action establishes T-435 extending between the HOLIM,
AK, WP, over Sand Point, AK and the King Salmon, AK, (AKN) VHF
Omnidirectional Range and Tactical Air Navigational System (VORTAC).
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA determined that this airspace action of establishing RNAV

route T-435 in the vicinity of Sand Point, AK qualifies for categorical
exclusion under the National Environmental Policy Act (42 U.S.C. 4321
et seq.) and its implementing regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points), and paragraph 5-
6.5i, which categorically excludes from further environmental review
the establishment of new or revised air traffic control procedures
conducted at 3,000 feet or more above ground level (AGL); procedures
conducted below 3,000 feet AGL that do not cause traffic to be
routinely routed over noise sensitive areas; modifications to currently
approved procedures conducted below 3,000 feet AGL that do not
significantly increase noise over noise sensitive areas; and increases
in minimum altitudes and landing minima. As such, this action is not
expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, 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-435 HOLIM, AK to King Salmon, AK (AKN) [New]
HOLIM, AK                                      WP                            (Lat. 55[deg]18'56.09'' N, long. 160[deg]30'55.56'' W)
RAYMD, AK                                      WP                            (Lat. 55[deg]35'53.52'' N, long. 160[deg]12'33.45'' W)
FEPAB, AK                                      WP                            (Lat. 56[deg]21'10.67'' N, long. 159[deg]30'57.40'' W)
WIXER, AK                                      WP                            (Lat. 56[deg]54'29.00'' N, long. 158[deg]36'10.00'' W)
OBUKE, AK                                      FIX                           (Lat. 57[deg]28'55.62'' N, long. 158[deg]07'01.03'' W)
King Salmon, AK (AKN)                          VORTAC                        (Lat. 58[deg]43'28.97'' N, long. 156[deg]45'08.45'' W)

* * * * *

    Issued in Washington, DC, on June 22, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-13682 Filed 6-27-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Proposed Rules]
[Pages 35133-35135]
[FR Doc No: 2022-12322]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0712; Airspace Docket No. 22-ACE-1]
RIN 2120-AA66

Proposed Amendment and Revocation of Multiple Air Traffic Service
(ATS) Routes; Establishment of Area Navigation (RNAV) Route; and
Revocation of the Pawnee City, NE, Low Altitude Reporting Point in the
Vicinity of Pawnee City, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Jet Route J-64; amend VHF
Omnidirectional Range (VOR) Federal airways V-50, V-71, V-216, and V-
307; amend Area Navigation (RNAV) route T-286; establish RNAV route T-
468; and revoke J-130, J-192, V-553, and the Pawnee City, NE, low
altitude reporting point. The FAA is proposing this action due to the
planned decommissioning of the VOR portion of the Pawnee City, NE, VOR/
Tactical Air Navigation (VORTAC) navigational aid (NAVAID). The Pawnee
City VOR is being decommissioned in support of the FAA's VOR Minimum
Operational Network (MON) program.

DATES: Comments must be received on or before July 25, 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:
1(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0712; Airspace Docket No. 22-ACE-1 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
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, 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 modify the National Airspace System (NAS) as
necessary to preserve the safe and efficient flow of air traffic.

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-2022-0712 Airspace; Docket No. 22-ACE-1) 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 https://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-2022-0712; Airspace Docket No. 22-ACE-1.'' 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 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 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 Operations Support Group, Central
Service Center, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177.

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.

Background

    The FAA is planning to decommission the Pawnee City, NE, VOR in
February 2023. The Pawnee City VOR was one of the candidate VORs
identified for discontinuance by the FAA's VOR MON program and listed
in the Final policy statement notice, ``Provision of Navigation
Services for the Next Generation Air Transportation System (NextGen)
Transition to Performance-Based Navigation (PBN) (Plan for Establishing
a VOR Minimum Operational Network),'' published in the Federal Register
of July 26, 2016 (81 FR 48694), Docket No. FAA-2011-1082.
    Although the VOR portion of the Pawnee City, NE, VORTAC is planned
for decommissioning, the co-located Distance Measuring Equipment (DME)
portion of the NAVAID is being retained to support NextGen PBN flight
procedure requirements.
    The air traffic service (ATS) routes effected by the Pawnee City
VOR

decommissioning are Jet Routes J-64, J-130, and J-192; VOR Federal
airways V-50, V-71, V-216, V-307, and V-553; and RNAV route T-286. With
the planned decommissioning of the Pawnee City VOR, the remaining
ground-based NAVAID coverage in the area is insufficient to enable the
continuity of the affected ATS routes. As such, proposed modifications
to J-64, V-71, and V-216 would result in a gap being created in the ATS
routes; to V-50 and V-307 would result in the airways being shortened;
and to T-286 would result in one route point being changed and one
route point being removed from the description, without affecting the
route structure. Additionally, proposed actions to J-130, J-192, V-553,
and the Pawnee City, NE, low altitude reporting point would result in
the ATS routes and low altitude reporting point being revoked.
    To overcome the proposed modifications and revocations to the
affected ATS routes, instrument flight rules (IFR) traffic could use
portions of adjacent ATS routes, including Jet Routes J-21, J-25, J-41,
J-60, J-80, and J-146 in the high altitude enroute structure and V-77,
V-159, and V-532 in the low altitude enroute structure, or receive air
traffic control (ATC) radar vectors to fly around or through the
affected area. Pilots equipped with RNAV capabilities could also
navigate using Q-90 and Q-136 in the high altitude enroute structure;
T-286, T-411, or T-468 being established in the low altitude enroute
structure; or point to point using the existing NAVAIDs and fixes that
would remain in place to support continued operations though the
affected area. Visual flight rules (VFR) pilots who elect to navigate
via the affected ATS routes could also take advantage of the adjacent
ATS routes or ATC services listed previously.
    Additionally, the FAA proposes to amend the T-286 RNAV route by
replacing the Pawnee City, NE, VORTAC with a waypoint (WP) being
established in close proximity of the Pawnee City VORTAC, as well as
removing an unnecessary fix from the route description, and extending
the existing T-286 RNAV route northward to the FONIA, ND, Fix.
    The FAA also proposes to establish RNAV route T-468 between the
Hill City, KS, VORTAC and the LEWRP, MO, WP located near the
Kirksville, MO, area. The new T-route would, in part, mitigate the
proposed removal of the V-216 airway segment affected by the planned
Pawnee City VOR decommissioning, reduce ATC sector workload and
complexity, and reduce pilot-to-controller communication. The new T-
route also would provide RNAV equipped aircraft an ATS route
alternative and support the FAA's NextGen efforts to modernize the NAS
navigation system from a ground-based system to a satellite-based
system.
    Finally, the Pawnee City, NE, low altitude reporting point would no
longer be required by ATC after the Pawnee City VOR is decommissioned
and the proposed route amendments implemented; hence, the reporting
point is proposed to be removed as well.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend Jet
Route J-64; amend VOR Federal airways V-50, V-71, V-216, and V-307;
amend RNAV route T-286; establish RNAV route T-468; and revoke J-130,
J-192, V-553, and the Pawnee City, NE, low altitude reporting point.
The ATS route and reporting point amendments and revocations are due to
the planned decommissioning of the Pawnee City, NE, VOR. The proposed
ATS route and low altitude reporting point actions are described below.
    J-64: J-64 currently extends between the Los Angeles, CA, VORTAC
and the intersection of the Ravine, PA, VORTAC 102[deg] and Lancaster,
PA, VOR/Distance Measuring Equipment (VOR/DME) 044[deg] radials (SARAA
Fix). The FAA proposes to remove the route segment overlying the Pawnee
City, NE, VORTAC between the Hill City, KS, VORTAC and the Lamoni, IA,
VOR/DME. The unaffected portions of the existing route would remain as
charted.
    J-130: J-130 currently extends between the Mc Cook, NE, VOR/DME and
the Pawnee City, NE, VORTAC. The FAA proposes to remove the route in
its entirety.
    J-192: J-192 currently extends between the Goodland, KS, VORTAC and
the Iowa City, IA, VOR/DME. The FAA proposes to remove the route in its
entirety.
    V-50: V-50 currently extends between the Hastings, NE, VOR/DME and
the Dayton, OH, VOR/DME. The FAA proposes to remove the airway segment
overlying the Pawnee City VORTAC between the Hastings, NE, VOR/DME and
the St Joseph, MO, VORTAC. The unaffected portions of the existing
airway would remain as charted.
    V-71: V-71 currently extends between the Fighting Tiger, LA, VORTAC
and the O'Neill, NE, VORTAC; and between the Pierre, SD, VORTAC and the
Williston, ND, VOR/DME. The FAA proposes to remove the airway segment
overlying the Pawnee City VORTAC between the Topeka, KS, VORTAC and the
Lincoln, NE, VORTAC. The unaffected portions of the existing airway
would remain as charted.
    V-216: V-216 currently extends between the Lamar, CO, VOR/DME and
the Janesville, WI, VOR/DME. The FAA proposes to remove the airway
segment overlying the Pawnee City VORTAC between the Mankato, KS,
VORTAC and the Lamoni, IA, VOR/DME. The unaffected portions of the
existing airway would remain as charted.
    V-307: V-307 currently extends between the Chanute, KS, VORTAC and
the Omaha, IA, VORTAC. The FAA proposes to remove the airway segment
overlying the Pawnee City VORTAC between the Emporia, KS, VORTAC and
the Omaha, IA, VORTAC. The unaffected portion of the existing airway
would remain as charted.
    V-553: V-553 currently extends between the Salina, KS, VORTAC and
the Pawnee City, KS, VORTAC. The FAA proposes to remove the airway in
its entirety.
    T-286: T-286 currently extends between the Rapid City, SD, VORTAC
and the BOWLR, KS, Fix. The FAA proposes to replace the Pawnee City,
NE, VORTAC with the HTHWY, NE, WP being established in close proximity
of the Pawnee City VORTAC; remove the EFFEX, NE, Fix from the route
description since it does not denote a route turn point; and extend the
route northward to the FONIA, ND, Fix via the JELRO, SD, Fix and the
Dickenson, ND, VORTAC. The amended route would provide RNAV routing
between the Williston, ND, area and the Atchison, KS, area. The full
RNAV T-route description is listed in ``The Proposed Amendment''
section, below.
    T-468: T-468 is a new RNAV route proposed to extend between the
Hill City, KS, VORTAC and the LEWRP, MO, WP. This new T-route would
provide RNAV routing from the Hill City, KS, area eastward to the
Kirksville, MO, area via the KNSAS, KS, WP being established and the
Lamoni, IA, VOR/DME. The full RNAV T-route description is listed in
``The Proposed Amendment'' section, below.
    Pawnee City, NE: The FAA proposes to remove the Pawnee City, NE,
low altitude reporting point as it would no longer be required by ATC
as a result of the Pawnee City VOR being decommissioned.
    All NAVAID radials listed in the ATS route descriptions below are
unchanged and stated in True degrees.
    Jet Routes are published in paragraph 2004, VOR Federal airways are
published in paragraph 6010(a), RNAV

T-routes are published in paragraph 6011, and Domestic Low Altitude
Reporting Points are published in paragraph 7001 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 ATS routes and
reporting point listed in this document would 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
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 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 2004 Jet Routes.

* * * * *

J-64 [Amended]

    From Los Angeles, CA; INT Los Angeles 083[deg] and Hector, CA,
226[deg] radials; Hector; Peach Springs, AZ; Tuba City, AZ;
Rattlesnake, NM; Pueblo, CO; to Hill City, KS. From Lamoni, IA;
Bradford, IL; INT Bradford 089[deg] and Fort Wayne, IN, 280[deg]
radials; Fort Wayne; Ellwood City, PA; Ravine, PA; to INT Ravine
102[deg] and Lancaster, PA, 044[deg] radials.
* * * * *

J-130 [Removed]

* * * * *

J-192 [Removed]

* * * * *

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-50 [Amended]

    From St. Joseph, MO; Kirksville, MO; Quincy, IL; Spinner, IL;
Adders, IL; Terre Haute, IN; Brickyard, IN; to Dayton, OH.
* * * * *

V-71 [Amended]

    From Fighting Tiger, LA; Natchez, MS; Monroe, LA; El Dorado, AR;
Hot Springs, AR; INT Hot Springs 358[deg] and Harrison, AR, 176[deg]
radials; Harrison; Springfield, MO; Butler, MO; to Topeka, KS. From
Lincoln, NE; Columbus, NE; to O'Neill, NE. From Pierre, SD;
Bismarck, ND; to Williston, ND.
* * * * *

V-216 [Amended]

    From Lamar, CO; Hill City, KS; to Mankato, KS. From Lamoni, IA;
Ottumwa, IA; Iowa City, IA; INT Iowa City 062[deg] and Janesville,
WI, 240[deg] radials; to Janesville.
* * * * *

V-307 [Amended]

    From Chanute, KS; to Emporia, KS.
* * * * *

V-553 [Removed]

* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-286 FONIA, ND to BOWLR, KS [Amended]

FONIA, ND                                       FIX                            (Lat. 48[deg]15'35.07'' N, long. 103[deg]10'37.54'' W)
Dickinson, ND (DIK)                             VORTAC                         (Lat. 46[deg]51'36.14'' N, long. 102[deg]46'24.60'' W)
JELRO, SD                                       FIX                            (Lat. 45[deg]48'43.83'' N, long. 102[deg]51'46.96'' W)
Rapid City, SD (RAP)                            VORTAC                         (Lat. 43[deg]58'33.74'' N, long. 103[deg]00'44.38'' W)
Gordon, NE (GRN)                                NDB                            (Lat. 42[deg]48'03.90'' N, long. 102[deg]10'45.82'' W)
Thedford, NE (TDD)                              VOR/DME                        (Lat. 41[deg]58'53.99'' N, long. 100[deg]43'08.52'' W)
BOKKI, NE                                       FIX                            (Lat. 41[deg]39'54.99'' N, long. 099[deg]52'17.00'' W)
Grand Island, NE (GRI)                          VOR/DME                        (Lat. 40[deg]59'02.50'' N, long. 098[deg]18'53.20'' W)
HTHWY, NE                                       WP                             (Lat. 40[deg]12'01.96'' N, long. 096[deg]12'22.51'' W)
Robinson, KS (RBA)                              DME                            (Lat. 39[deg]51'03.00'' N, long. 095[deg]25'23.00'' W)
BOWLR, KS                                       FIX                            (Lat. 39[deg]37'21.29'' N, long. 095[deg]11'00.26'' W)

                                                                     * * * * * * *
T-468 Hill City, KS (HLC) to LEWRP, MO [New]

Hill City, KS (HLC)                             VORTAC                         (Lat. 39[deg]15'31.49'' N, long. 100[deg]13'33.06'' W)
KNSAS, KS                                       WP                             (Lat. 39[deg]48'22.62'' N, long. 098[deg]15'36.62'' W)
Lamoni, IA (LMN)                                VOR/DME                        (Lat. 40[deg]35'48.35'' N, long. 093[deg]58'03.33'' W)
LEWRP, MO                                       WP                             (Lat. 40[deg]08'06.06'' N, long. 092[deg]35'30.15'' W)

Paragraph 7001 Domestic Low Altitude Reporting Points.

* * * * *

Pawnee City, NE [Removed]

* * * * *

    Issued in Washington, DC, on June 3, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-12322 Filed 6-8-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 20, 2009 (Volume 74, Number 96)]
[Notices]
[Page 23690-23693]
[DOCID:fr20my09-44]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0722; FRL-8412[dash]8]

Amendments to Terminate Certain Pesticide Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's order for the amendments to
terminate certain uses, voluntarily requested by the registrants and
accepted by the Agency, of certain pesticide products, pursuant to
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended. This cancellation order follows an October 8,
2008, Federal Register Notice of Receipt of Requests from registrants
to voluntarily amend their registrations of

certain pesticide products (73 FR 58958; FRL-8385-2). In the October 8,
2008, Notice, EPA indicated that it would issue an order implementing
the cancellation and amendments to terminate certain uses, unless the
Agency received substantive comments within the 30 day comment period
that would merit its further review of these requests, or unless the
registrants withdrew their requests within this period. The Agency did
not receive any comments on the notice except for comments pertaining
to aldicarb. Accordingly, EPA hereby issues in this notice a
cancellation order granting the requested amendments to terminate
certain pesticide product uses except for the uses of aldicarb on
coffee, pecans, and tobacco. The product cancellation order for the
chloroneb product, Demosan 65W (EPA Reg. No.<PHONE_NUMBER>2), which was
included in the October 8, 2008 notice will be included in a separate
Federal Register notice. Any distribution, sale, or use of the products
subject to this cancellation order is permitted only in accordance with
the terms of this order, including any existing stocks provisions.

DATES: The cancellations are effective May 20, 2009.

FOR FURTHER INFORMATION CONTACT: Eric Olson, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2008-0722. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    This notice announces the amendments to terminate uses, as
requested by registrants, of certain products registered under section
3 of FIFRA. These registrations are listed in sequence by registration
number in Table 1 of this unit.

                           Table 1.--Product Registration Amendments to Terminate Uses
----------------------------------------------------------------------------------------------------------------
         Registration Number                 Product Name          Active Ingredient         Delete from Use
----------------------------------------------------------------------------------------------------------------
000264-00330                           Temik Brand 15G          Aldicarb                 Alfalfa grown for seed;
                                        Aldicarb Pesticide                                Ornamentals;
                                                                                Sugarcane; Sorghum
----------------------------------------------------------------------------------------------------------------
000264-00426                           Temik Brand 15g          Aldicarb                 Alfalfa grown for seed;
                                        Aldicarb Pesticide For                            Ornamentals;
                                        Sale And Use In Calif.                            Sugarcane; Sorghum
----------------------------------------------------------------------------------------------------------------
000264-00729                           Monitor 4                Methamidophos            Cotton
----------------------------------------------------------------------------------------------------------------
000264-00741                           Monitor Technical        Methamidophos            Cotton
----------------------------------------------------------------------------------------------------------------
000264-00744                           Monitor 60% Concentrate  Methamidophos            Cotton
----------------------------------------------------------------------------------------------------------------
000264-01020                           Monitor 4 Spray          Methamidophos            Cotton
----------------------------------------------------------------------------------------------------------------
000264 AR-81-0044                      Monitor 4                Methamidophos            Cotton
----------------------------------------------------------------------------------------------------------------
000264 AR-87-0007                      Monitor 4                Methamidophos            Cotton
----------------------------------------------------------------------------------------------------------------
000264 CA-79-0188                      Monitor 4                Methamidophos            Cotton
----------------------------------------------------------------------------------------------------------------
000264 MS-81-0014                      Monitor 4                Methamidophos            Cotton
----------------------------------------------------------------------------------------------------------------
000264 MS-81-0055                      Monitor 4                Methamidophos            Cotton
----------------------------------------------------------------------------------------------------------------

010330-00016                           Ethylene Oxide 10% and   ETO                      Basil
                                        Carbon Dioxide
                                        Sterilizing Gas
----------------------------------------------------------------------------------------------------------------
010330-00018                           20% Ethylene Oxide and   ETO                      Basil
                                        80% Carbon Dioxide
                                        Sterilizing Gas
----------------------------------------------------------------------------------------------------------------
010330-00021                           8.5% Ethylene Oxide and  ETO                      Basil
                                        Carbon Dioxide
                                        Sterilizing Gas
----------------------------------------------------------------------------------------------------------------
036736-00002                           Ethylene Oxide 100%      ETO                      Basil
----------------------------------------------------------------------------------------------------------------
036736-00003                           Sterilizing Gas 3        ETO                      Basil
----------------------------------------------------------------------------------------------------------------
036736-00004                           Sterilizing Gas 4        ETO                      Basil
----------------------------------------------------------------------------------------------------------------
036736-00005                           Sterilizing Gas 5        ETO                      Basil
----------------------------------------------------------------------------------------------------------------
036736-00006                           Sterilizing Gas 6        ETO                      Basil
----------------------------------------------------------------------------------------------------------------
036736-00007                           Sterilizing Gas 8        ETO                      Basil
----------------------------------------------------------------------------------------------------------------
036736-00008                           Ethylene Oxide - MUP     ETO                      Basil
----------------------------------------------------------------------------------------------------------------
045728-00001                           Thiram Technical         Thiram                   Parks; Athletic Fields;
                                                                                Commercial Areas; Sod;
                                                                                Homeowner turf;
                                                                                Homeowner fungicide
----------------------------------------------------------------------------------------------------------------
045728-00021                           Thiram 75WP Fruit,       Thiram                   Parks; Athletic Fields;
                                        Vegetable and Turf                                Commercial Areas; Sod;
                                        Fungicide                                         Homeowner turf;
                                                                                Homeowner fungicide
----------------------------------------------------------------------------------------------------------------
400-434                                Thiram 480 DP            Thiram                   Parks; Athletic Fields;
                                                                                Commercial Areas; Sod;
                                                                                Homeowner turf;
                                                                                Homeowner fungicide
----------------------------------------------------------------------------------------------------------------
062719-00391                           Kerb 50-W Selective      Pronamide                All residential uses
                                        Herbicide
----------------------------------------------------------------------------------------------------------------
062719-00397                           Kerb 50-W Herbicide in   Pronamide                All residential uses
                                        WSP
----------------------------------------------------------------------------------------------------------------
062719-00578                           Kerb 3.3 SC              Pronamide                All residential uses
----------------------------------------------------------------------------------------------------------------
067470-00006                           Ethylene Oxide           ETO                      Basil
----------------------------------------------------------------------------------------------------------------
067470-00007                           Ethylene Oxide 100 R     ETO                      Basil
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 of this unit.

                Table 2.--Registrants of Amended Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
000264                                      Bayer Crop Science LP,
                                            2 T.W., Alexander Drive,
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------
010330                                      Praxair, Inc.,
                                            39 Old Ridgebury Road,
                                            Danbury CT, 06810-5113
------------------------------------------------------------------------
036736                                      Balchem Corporation,
                                            PO Box 600,
                                            New Hampton, NY 10958
------------------------------------------------------------------------
400                                         Chemtura Corporation,
                                            199 Benson Road,
                                            Middlebury CT, 06749
------------------------------------------------------------------------
045728                                      Taminco Inc.,
                                            21320 Sweet Clover Place,
                                            Ashburn, VA 20147
------------------------------------------------------------------------
062719                                      Dow Agrosciences LLLC,
                                            9330 Zionsville Rd 308/2e,
                                            Indianapolis, IN 462681054
------------------------------------------------------------------------
067470                                      Honeywell - Specialty
                                             Chemicals NIC- 4,
                                            101 Columbia Road,
                                            Morristown, NJ 07962-1139
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    On November 3, 2008, Bayer CropScience submitted a withdrawal of
its request to voluntarily cancel the

registration of TEMIK 15G for use on coffee, pecans and tobacco. EPA
received no comments pertaining to the other registrations in this
notice in response to the October 8, 2008, Federal Register notice
announcing the Agency's receipt of the requests for voluntary
cancellation and amendments to terminate certain uses.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendments to terminate uses of registrations identified in Table 1 of
Unit II. Accordingly, the Agency orders that the product registrations
identified in Table 1 of Unit II. are hereby amended to terminate the
affected uses except for methamidophos products which will become
effective September 30, 2009. Any distribution, sale, or use of
existing stocks of the products identified in Table 1 of Unit II. in a
manner inconsistent with any of the Provisions for Disposition of
Existing Stocks set forth in Unit VI. will be considered a violation of
FIFRA.

 V. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The cancellation order issued in this notice
includes the following existing stocks provisions.

A. Methamidophos.

     On April 7, 2002, EPA signed the Interim Reregistration
Eligibility Decision (IRED) for methamidophos. That IRED specified risk
mitigation measures including: ``Implement a 5-year phase out of the
use on cotton.''
     In accordance with the IRED, Bayer CropScience has submitted a
request to voluntarily terminate all cotton uses of the methamidophos
products listed above in Table 2 effective September 30, 2009.
Provisions for the sale, disposition, and use of existing stocks of
methamidophos products include the following: All sale or distribution
by the registrant of existing stocks labeled for use on cotton is
prohibited after September 30, 2009, unless that sale or distribution
is solely for the purpose of facilitating disposal or export of the
product. Existing stocks labeled for use on cotton may be sold and
distributed by persons other than the registrant until July 31, 2010.
Existing stocks labeled for use on cotton may be used until September
30, 2010, provided that such use complies with the EPA-approved label
and labeling of the product.

B. Other Chemicals Addressed in this Order.

    The cancellation order will allow persons other than the registrant
to continue to sell and/or use existing stocks of canceled products
until such stocks are exhausted, provided that such use is consistent
with the terms of the previously approved labeling on, or that
accompanied, the canceled product. This order specifically prohibits
any use of existing stocks that is not consistent with such previously
approved labeling.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 7, 2009.
 Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E9-11630 Filed 5-19-09; 8:45 am]

BILLING CODE 6560-50-S