[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Rules and Regulations]
[Pages 70053-70055]
[FR Doc No: 2011-28929]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30810; Amdt. No. 3450]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

DATES: This rule is effective November 10, 2011. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 10, 2011.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

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

and its location, the procedure, and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC, on October 28, 2011.
John McGraw,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

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

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

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

Effective 15 DEC 2011

McGrath, AK, McGrath, RNAV (GPS) RWY 16, Amdt 1
McGehee, AR, McGehee Muni, RNAV (GPS) RWY 18, Orig
McGehee, AR, McGehee Muni, RNAV (GPS) RWY 36, Orig
McGehee, AR, McGehee Muni, VOR/DME-A, Amdt 3
Phoenix, AZ, Phoenix-Mesa Gateway, RNAV (GPS) RWY 12R, Amdt 1
Phoenix, AZ, Phoenix-Mesa Gateway, RNAV (GPS) RWY 30L, Amdt 1
Blythe, CA, Blythe, RNAV (GPS) RWY 26, Amdt 1
Cloverdale, CA, Cloverdale Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Davis/Woodland/Winters, CA, Yolo County, RNAV (GPS) RWY 16, Amdt 2
Oxnard, CA, Oxnard, ILS OR LOC RWY 25, Amdt 13
Oxnard, CA, Oxnard, LOC RWY 25, Orig, CANCELLED
Oxnard, CA, Oxnard, RNAV (GPS) RWY 25, Amdt 1
Oxnard, CA, Oxnard, VOR RWY 25, Amdt 10
Stockton, CA, Stockton Metropolitan, ILS OR LOC RWY 29R, Amdt 20
Stockton, CA, Stockton Metropolitan, NDB RWY 29R, Amdt 14E,
CANCELLED
Holyoke, CO, Holyoke, Takeoff Minimums & Obstacle DP, Amdt 1
Bonifay, FL, Tri-County, NDB-A, Amdt 2
Bonifay, FL, Tri-County, RNAV (GPS) RWY 19, Orig
Donalsonville, GA, Donalsonville Muni, RNAV (GPS) RWY 18, Amdt 1
Donalsonville, GA, Donalsonville Muni, RNAV (GPS) RWY 36, Amdt 1
Jasper, GA, Pickens County, RNAV (GPS) RWY 16, Amdt 1
Nahunta, GA, Brantley County, RNAV (GPS) Y RWY 1, Orig
Nahunta, GA, Brantley County, RNAV (GPS) Y RWY 19, Orig
Nahunta, GA, Brantley County, RNAV (GPS) Z RWY 1, Orig
Nahunta, GA, Brantley County, RNAV (GPS) Z RWY 19, Orig
Driggs, ID, Driggs-Reed Memorial, LAMON ONE Graphic DP
Driggs, ID, Driggs-Reed Memorial, LAMON TWO Graphic DP, CANCELLED
Driggs, ID, Driggs-Reed Memorial, RNAV (GPS) RWY 3, Amdt 1
Driggs, ID, Driggs-Reed Memorial, Takeoff Minimums & Obstacle DP,
Amdt 3
Battle Creek, MI, W K Kellog, VOR OR TACAN RWY 5, Amdt 19A,
CANCELLED
Hancock, MI, Houghton County Memorial, Takeoff Minimums and Obstacle
DP, Amdt 3
Lansing, MI, Capital Region Intl, ILS OR LOC RWY 10R, Amdt 10
Three Rivers, MI, Three Rivers Muni Dr. Haines, Takeoff Minimums and
Obstacle DP, Orig
Brainerd, MN, Brainerd Lakes Rgnl, ILS OR LOC/DME RWY 34, Amdt 1
Park Rapids, MN, Park Rapids Muni-Konshok Field, NDB RWY 31, Amdt 2
Park Rapids, MN, Park Rapids Muni-Konshok Field, RNAV (GPS) RWY 13,
Orig
Park Rapids, MN, Park Rapids Muni-Konshok Field, RNAV (GPS) RWY 31,
Orig
Park Rapids, MN, Park Rapids Muni-Konshok Field, VOR RWY 31, Amdt 14
Park Rapids, MN, Park Rapids Muni-Konshok Field, VOR/DME RWY 13,
Amdt 9
Red Wing, MN, Red Wing Rgnl, ILS OR LOC RWY 9, Amdt 1
Red Wing, MN, Red Wing Rgnl, RNAV (GPS) RWY 9, Amdt 1
St Paul, MN, St Paul Downtown Holman Fld, Takeoff Minimums and
Obstacle DP, Amdt 8
Branson West, MO, Branson West Muni-Emerson Field, Takeoff Minimums
and Obstacle DP, Orig
Fort Leonard Wood, MO, Waynesville-St. Robert Rgnl Forney Fld,
Takeoff Minimums and Obstacle DP, Orig
Manteo, NC, Dare County Rgnl, GPS RWY 5, Orig, CANCELLED
Manteo, NC, Dare County Rgnl, GPS RWY 17, Orig, CANCELLED
Manteo, NC, Dare County Rgnl, GPS RWY 23, Orig, CANCELLED
Manteo, NC, Dare County Rgnl, NDB RWY 17, Amdt 6
Manteo, NC, Dare County Rgnl, RNAV (GPS) RWY 5, Orig
Manteo, NC, Dare County Rgnl, RNAV (GPS) RWY 17, Orig
Manteo, NC, Dare County Rgnl, RNAV (GPS) RWY 23, Orig
Manteo, NC, Dare County Rgnl, Takeoff Minimums and Obstacle DP, Amdt
2
Morganton, NC, Foothills Rgnl, LOC RWY 3, Amdt 2
Kimball, NE., Kimball Muni/Robert E Arraj Field, RNAV (GPS) RWY 10,
Amdt 1
Kimball, NE., Kimball Muni/Robert E Arraj Field, RNAV (GPS) RWY 28,
Amdt 1
Carlsbad, NM, Cavern City Air Terminal, RNAV (GPS) RWY 32L, Amdt 1
Ely, NV, Ely Arpt/Yelland Fld, RNAV (GPS) RWY 18, Amdt 1

Minden, NV, Minden-Tahoe, MINDEN TWO Graphic DP
Minden, NV, Minden-Tahoe, Takeoff Minimums and Obstacle DP, Amdt 2
Cleveland, OH, Cleveland-Hopkins Intl, ILS OR LOC RWY 28, Amdt 24
Cleveland, OH, Cleveland-Hopkins Intl, RNAV (GPS) RWY 10, Amdt 3
Cleveland, OH, Cleveland-Hopkins Intl, RNAV (GPS) RWY 28, Amdt 2
North Bend, OR, Southwest Oregon Rgnl, ILS OR LOC RWY 4, Amdt 7A
North Bend, OR, Southwest Oregon Rgnl, VOR/DME RWY 4, Amdt 10
Wilkes-Barre/Scranton, PA, Wilkes-Barre/Scranton Intl, NDB-A, Amdt
17A, CANCELLED
Paris, TN, Henry County, ILS OR LOC/NDB RWY 2, Amdt 1, CANCELLED
Abilene, TX, Abilene Rgnl, VOR RWY 22, Amdt 4, CANCELLED
Gruver, TX, Gruver Muni, RNAV (GPS) RWY 2, Orig
Gruver, TX, Gruver Muni, RNAV (GPS) RWY 20, Orig
Gruver, TX, Gruver Muni, VOR/DME OR GPS-B, Orig, CANCELLED
Lamesa, TX, Lamesa Muni, Takeoff Minimums and Obstacle DP, Orig
Brigham City, UT, Brigham City, RNAV (GPS) RWY 35, Amdt 2
Provo, UT, Provo Muni, ILS OR LOC/DME RWY 13, Amdt 2
Provo, UT, Provo Muni, RNAV (GPS) RWY 13, Amdt 2
Gordonsville, VA, Gordonsville Muni, RNAV (GPS) RWY 5, Orig
Gordonsville, VA, Gordonsville Muni, RNAV (GPS) RWY 23, Orig
Gordonsville, VA, Gordonsville Muni, Takeoff Minimums and Obstacle
DP, Orig

[FR Doc. 2011-28929 Filed 11-9-11; 8:45 am]
BILLING CODE 4910-13-P


M E M O R A N D U M
To:   		Docket EPA-R09-OAR-2012-0936
From: 		Ken Israels, EPA Region IX, Grants and Program Integration Office
Date:		April 17, 2013
Concerning:  	EPA Proposed Rule, Designations of Areas for Air Quality Planning Purposes: California; Morongo Band of Mission Indians  -  Notes of Meeting with Representatives from Pechanga Indian Reservation, Temecula Band of Luiseño Mission Indians, Concerning the Proposed Morongo SIP Action, April 17, 2013.
_____________________________________
On Wednesday, April 17, 2013, EPA Region 9 staff and managers Elizabeth Adams, Colleen McKaughan, Jefferson Wehling, Ken Israels, Sara Bartholomew, Meredith Kurpius, and Wienke Tax, along with EPA Office of Air Quality Planning and Standards manager, Laura McKelvey, participated in a meeting with Pechanga Indian Reservation, Temecula Band of Luiseño Mission Indians Environmental Director Syndi Smallwood, Pechanga Tribal counsel James Cohen, and Pechanga consultant Gary Rubinstein (of Sierra Research).The purpose of the meeting was to discuss EPA's proposal regarding the designation of the Morongo Band of Mission Indians' tribal lands as a separate nonattainment area for both the 1-hour ozone and 1997 8-hour ozone national ambient air quality standards among other topics.
We reviewed the proposed Morongo action and the similarities and differences between the circumstances that the Pechanga and Morongo face in terms of air quality planning.  We also reviewed the federal rulemaking process during this meeting.


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Thursday, March 18, 2021 12:29 PM
To:
David Ailor<EMAIL_ADDRESS>Cc:
Raymond, Gabrielle<EMAIL_ADDRESS>Subject:
Adding comment RE: COMMENTS? -- coke model files have gone to EPA division QA

Hello David -  Gabrielle had a comment to add.

#3. Note, we are not modeling emergency flares. We are modeling the Excess Oven Coke Gas Flares and used an acute factor of 10 taken from the number of emergency flares.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Wednesday, March 17, 2021 8:27 PM
To: David Ailor<EMAIL_ADDRESS>Cc: 'GABRIELLE RAYMOND'<EMAIL_ADDRESS>Subject: RE: [SPAM-Sender] RE: COMMENTS? -- coke model files have gone to EPA division QA

Thank you for your responses. Please let me know when you think we can receive the remainder of your comments.

A couple of additional points.

 The paragraph # 2 below under noncategory has mixed two different variables. Acute emissions are not the same as allowable emissions. Possibly this is a typo. Acute emissions are intended to reflect the highest hourly rate possible during the year.
 I spoke with my group leader who worked closely with the project leader for Taconite. My group leader said that I am determining allowables the way they should be determined, i.e., based on the standard and should continue to do so. I mentioned the Taconite rule as something you all were citing and he said to ignore the procedures used in the Taconite rule. I am not aware of the details of the Taconite rule so I can't discuss further but, as I mentioned, my other RTR was done the same way as we are doing now for coke allowables, for emissions where there is a standard.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: David Ailor<EMAIL_ADDRESS>Sent: Wednesday, March 17, 2021 7:04 PM
To: Jones, DonnaLee<EMAIL_ADDRESS>Cc: 'GABRIELLE RAYMOND'<EMAIL_ADDRESS>Subject: [SPAM-Sender] RE: COMMENTS? -- coke model files have gone to EPA division QA

Hello again, Donna Lee.  Hope you're well.

Thanks again for the time to respond on these issues.  Below are the COETF's responses to EPA's March 9, 2021, requests relating to "PQBS category source file" issue nos. 1, 3, 4 and 5 and "Non-category source file" issue nos. 2 and 3.  Note that we are still reviewing EPA's allowable emission rate files for both the PQBS category and Non-category source files and will provide separate responses on those issues as soon as possible.

PQBS category source file

 Industry Average Emission Factors vs. ICR Test Data at Same Facility  -  EPA requested that the COETF identify the affected facilities/units where ICR test data should be used for untested units at the same facility.  The attached spreadsheet (see "Emissions for Non-Tested Units at Facilities that Tested 031621.xlsx") provides the corrected actual emissions (TPY) incorporating these changes.  The affected facilities and emission units are:

          Clairton Battery Stacks for Batteries 1, 2, 3, 13, 14, 15, 19, 20, and C (Battery B Stack was ICR tested);
          Monessen Battery 1B Stack (Battery 2 Stack was ICR tested);
          Burns Harbor Battery 1 Stack (Battery 2 Stack was ICR tested); and,
          Burns Harbor Battery 1 Pushing Baghouse (Battery 2 Pushing Baghouse was ICR tested).

 Allowable Emission Rates  -  Under review

 Fugitive Pushing Emissions  -  The COETF agrees with EPA's responses dated March 9, 2021, on the fugitive pushing emissions for acid gases, dioxin/furans, and volatile HAPs.

 Pushing Baghouse Emissions (ABC Coke)  -  The COETF agrees with EPA's responses dated March 9, 2021, on the ABC Coke Pushing Baghouse emissions estimates.

 Production Rates (ABC Coke)  -  The COETF agrees with EPA's responses dated March 9, 2021, on the coke production rates as they are applied to the ABC Coke Quench Tower emission estimates.  Please note that the coke production rates applied to the Bluestone Coke Quench Towers should also be reversed.  The Bluestone Coke North Quench Tower serves Battery 5 and the South Tower serves Batteries 3 and 4.

Non-category source file

 Allowable Emission Rates  -  Under review

 Acute Emissions Multiplier  -  The COETF still believes that EPA should use an annual-to-hourly scale-up factor of 2.0 for all sources, including emergency flares.  The 2.0 factor is more appropriate because it is derived from maximum charging/pushing rates, while the 10 factor is simply based on the facility (Burns Harbor) that has the greatest number of emergency flares and is not related to allowable emissions.

 Inconsistent Source Heights  -  The COETF agrees with EPA's response dated March 9, 2021, on the physical battery heights.

Please contact me if you have any questions.  DCA

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone:<PHONE_NUMBER>
eFax.:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org


[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Rules and Regulations]
[Pages 27949-27951]
[FR Doc No: 2022-09727]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0452; FRL-8834-02-R9]

Air Quality State Implementation Plans; Approvals and
Promulgations: California; Opacity Testing of Heavy-Duty Diesel
Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the California State Implementation
Plan (SIP) concerning particulate matter (PM) emissions from heavy-duty
(HD) diesel vehicles. We are approving state rules that regulate PM
emission sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on June 9, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0452. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On November 5, 2021 (86 FR 61100), the EPA proposed to approve the
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
         Agency                    Rule No.                   Rule title              Amended        Submitted
----------------------------------------------------------------------------------------------------------------
CARB....................  Title 13, Division 3,       Heavy-Duty Diesel Smoke         07/01/2019      02/13/2020
                           Chapter 3.5.                Emission Testing and
                                                       Heavy-Duty Vehicle
                                                       Emission Control System
                                                       Inspections.
CARB....................  Title 13, Division 3,       Periodic Smoke Inspections      07/01/2019      02/13/2020
                           Chapter 3.6.                of Heavy-Duty Diesel-
                                                       Powered Vehicles.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action contains
more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received nine comments from members of the
public. These comments were generally supportive of the action and none
raised any concerns with our proposed rule.

III. EPA Action

    Nine comments were submitted, and none change our assessment of the
rules as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
California rules described in the amendments to 40 CFR part 52 set
forth below. Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\ The EPA has made, and will continue
to make, these documents available through www.regulations.gov and at
the EPA Region IX Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 11, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.

    Dated: April 29, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. In Sec.  52.220a, in paragraph (c), table 1 is amended by:
0
a. Adding a heading for ``Title 13 (Motor Vehicles), Division 3 (Air
Resources Board), Chapter 3.5. (Heavy-Duty Diesel Smoke Emission
Testing, and Heavy-Duty Vehicle Emission Control System Inspections)''
after the entry for ``2147(b)(3)''; and adding entries for ``2180'',
``2180.1'', ``2181'', ``2182'', ``2183'', ``2184'', ``2185'', ``2186'',
``2187'', ``2188'' and ``2189'' under the newly added heading;
0
b. Adding a heading for ``Title 13 (Motor Vehicles), Division 3 (Air
Resources Board), Chapter 3.6. (Periodic Smoke Inspections of Heavy-
Duty Diesel-Powered Vehicles)'' after the newly added entry for
``2189''; and adding entries for ``2190'', ``2191'', ``2192'',
``2193'', and ``2194'' under the newly added heading.
    The additions read as follows:

Sec.  52.220a   Identification of plan-in part.

* * * * *
    (c) * * *

                            Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
                                                                                Additional
     State citation          Title/subject       State effective date     EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 3.5. (Heavy-Duty Diesel Smoke Emission
                      Testing, and Heavy-Duty Vehicle Emission Control System Inspections)
----------------------------------------------------------------------------------------------------------------
2180....................  Applicability......  July 1, 2019............  May 10, 2022,        Unless otherwise
                                                                          [INSERT Federal      noted, this
                                                                          Register CITATION].  chapter applies
                                                                                to all diesel-
                                                                                powered and
                                                                                gasoline-powered
                                                                                heavy-duty
                                                                                vehicles
                                                                                operating in
                                                                                California.
2180.1..................  Definitions........  July 1, 2019............  May 10, 2022,        Definitions for
                                                                          [INSERT Federal      applicable
                                                                          Register CITATION].  vehicles, opacity
                                                                                standards,
                                                                                inspections,
                                                                                penalties and
                                                                                appeals.

2181....................  Responsibilities of  July 1, 2019............  May 10, 2022,        Sets forth the
                           the Driver and                                 [INSERT Federal      responsibilities
                           Inspector During                               Register CITATION].  of the vehicle
                           the Inspection                                                      inspector and
                           Procedure.                                                          driver during an
                                                                                inspection.
2182....................  Heavy-Duty Diesel    July 1, 2019............  May 10, 2022,        Sets forth opacity
                           Vehicle Smoke                                  [INSERT Federal      standards and
                           Opacity Standards                              Register CITATION].  testing
                           and Test                                                            procedures.
                           Procedures;
                           Excessive Smoke.
2183....................  Inspection of the    July 1, 2019............  May 10, 2022,        Describes the
                           Emission Control                               [INSERT Federal      inspection
                           System on a Heavy-                             Register CITATION].  procedures
                           Duty Vehicle.                                                       inspector use to
                                                                                determine whether
                                                                                the emission
                                                                                control
                                                                                components on
                                                                                diesel vehicles
                                                                                have been
                                                                                tampered,
                                                                                inadequately
                                                                                maintained or
                                                                                defective.
2184....................  Refusal to Submit    July 1, 2019............  May 10, 2022,        Describes the
                           to Inspection                                  [INSERT Federal      consequences of a
                           Procedure.                                     Register CITATION].  refusal to submit
                                                                                to a vehicle
                                                                                inspection.
2185....................  Civil Penalty        July 1, 2019............  May 10, 2022,        Sets for the civil
                           Schedule.                                      [INSERT Federal      penalties for
                                                                          Register CITATION].  failing a vehicle
                                                                                inspection.
2186....................  Demonstration of     July 1, 2019............  May 10, 2022,        Sets for the
                           Correction and                                 [INSERT Federal      requirements for
                           Post-Repair Test                               Register CITATION].  a vehicle owner
                           or Inspection.                                                      to demonstrate
                                                                                correction and
                                                                                post-inspection
                                                                                repair to pass an
                                                                                inspection.
2187....................  Vehicles Removed     July 1, 2019............  May 10, 2022,        Sets for the
                           from Service.                                  [INSERT Federal      conditions upon
                                                                          Register CITATION].  which a vehicle
                                                                                failing
                                                                                inspection can be
                                                                                removed from, and
                                                                                return to,
                                                                                service.
2188....................  Contesting a         July 1, 2019............  May 10, 2022,        Describes how a
                           Citation.                                      [INSERT Federal      vehicle owner may
                                                                          Register CITATION].  contest a
                                                                                citation for
                                                                                failing and
                                                                                inspection.
2189....................  Severability of      July 1, 2019............  May 10, 2022,        Provides that in
                           Provisions.                                    [INSERT Federal      the event any
                                                                          Register CITATION].  portion of the
                                                                                chapter is held
                                                                                to be invalid,
                                                                                unenforceable or
                                                                                unconstitutional,
                                                                                the remaining
                                                                                portions shall
                                                                                remain in effect.
----------------------------------------------------------------------------------------------------------------
 Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 3.6. (Periodic Smoke Inspections of Heavy-
                                          Duty Diesel-Powered Vehicles)
----------------------------------------------------------------------------------------------------------------
2190....................  Vehicles Subject to  July 1, 2019............  May 10, 2022,        Defines the heavy-
                           the Periodic Smoke                             [INSERT Federal      duty diesel-
                           Inspection                                     Register CITATION].  powered vehicles
                           Requirements.                                                       operating in
                                                                                California that
                                                                                are subject to
                                                                                periodic smoke
                                                                                inspection, as
                                                                                well as listing
                                                                                those that are
                                                                                exempt.
2191....................  Definitions........  July 1, 2019............  May 10, 2022,        Defines diesel
                                                                          [INSERT Federal      vehicle fleets
                                                                          Register CITATION].  subject to the
                                                                                regulation and
                                                                                applicable
                                                                                testing
                                                                                procedures.
2192....................  Vehicle Inspection   July 1, 2019............  May 10, 2022,        Sets forth the
                           Responsibilities.                              [INSERT Federal      responsibilities
                                                                          Register CITATION].  of diesel vehicle
                                                                                fleet owners to
                                                                                comply with the
                                                                                requirements of
                                                                                the periodic
                                                                                smoke inspection
                                                                                program.
2193....................  Smoke Opacity        July 1, 2019............  May 10, 2022,        Sets forth opacity
                           Standards,                                     [INSERT Federal      testing
                           Inspection                                     Register CITATION].  standards,
                           Intervals, and                                                      inspection
                           Test Procedures.                                                    intervals, test
                                                                                procedures and
                                                                                alternate test
                                                                                procedures.
2194....................  Record Keeping       July 1, 2019............  May 10, 2022,        Requires vehicle
                           Requirements.                                  [INSERT Federal      owners to
                                                                          Register CITATION].  maintain records
                                                                                of test or
                                                                                alternate test
                                                                                results and
                                                                                provide them to
                                                                                the California
                                                                                Air Resources
                                                                                Board upon
                                                                                request.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
  SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
  are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or
  quasi-regulatory are listed in paragraph (e).

* * * * *
[FR Doc. 2022-09727 Filed 5-9-22; 8:45 am]
BILLING CODE 6560-50-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

MEMORANDUM

DATE:                         10-JULY-2007

SUBJECT:	Response to Deficiencies for Petition Nos. 5E7007, 5E6962,
Isoxadifen-ethyl.  Section 3 Registration on Sweet Corn, Popcorn and
Label Amendment of Field Corn.

Petition No.:	5E6962, 5E7007	Chemical No.	823000

DP Numbers:	341243	Chemical Class:	Safener

40 CFR:	§180.570	MRID Numbers:	47166601

FROM:	Mohsen Sahafeyan, Chemist

Registration Action Branch 1 (RAB1)

Health Effects Division (HED) (7509P)

THRU:	George F. Kramer, Ph.D., Senior Chemist

RAB1/HED (7509)

TO:			Daniel Rosenblatt/Shaja Brothers, Registration Division (RD,
7505P)

Kerry Leifer/Tracy H. Ward, RD (7505P)

Executive Summary

HED received responses from Bayer Crop Science (BCS) to deficiencies
cited in Memorandum dated 08-FEB-2007 for section 3 Registration on
sweet corn, popcorn and label amendment for field corn; these responses
are summarized below (for details see MRID 47166601):

  SEQ CHAPTER \h \r 1 Regulatory Recommendations and Residue Chemistry
Deficiencies

1)  For petition # 5E7007 (new use on sweet corn and popcorn):

Cited in the last summary document (D324895):  Section F of the petition
should be revised to include the HED-recommended tolerances and
commodity definitions (see below).

No response as of the date of this memorandum has been received.  This
deficiency remains outstanding.

Cited in the last summary document (D324895):  Multiresidue testing of
AE C637375 is still outstanding.

The registrant cited a submission (MRID # 46221801) which has been
reviewed.  The study is acceptable and is forwarded to FDA.  This
deficiency is now resolved.

Provided the petitioner submits a revised section F,  HED-recommends the
following tolerances for the combined residues of the herbicide safener
isoxadifen-ethyl, [ethyl 5,5-diphenyl-2-isoxazoline-3-carboxylate], and
its metabolite AE F129431,
[4,5-dihydro-5,5-diphenyl-3-isoxazolecarboxylic acid] in/on sweet corn
and popcorn:

Corn, Sweet, (K+CWHR)	0.04 ppm

Corn, Sweet, forage	0.30 ppm

Corn, Sweet, stover	0.45 ppm

Corn, Pop, grain	0.04 ppm

Corn, Pop, stover	0.25 ppm

For petition # 5E6962 (increase use rate on field corn to 0.17 lb/A):

Cited in the last summary document (D324895):  The previously-submitted
field trial data are adequate for this petition.  New section B is
required.

The proposed labels had not stated the increase in the use rate to 0.17
lb/A.   HED received revised section B for petition # 5E6962, however,
with the same low label rates.  The registrant explained that the
petitioning for increase use rate of isoxadifen ethyl – a safener - on
field corn was to support use of tank mixtures, as well as the possible
use of more than one herbicide product within a given use season.
Therefore, despite the provided labels did not include the increase rate
to 0.17 lb/A,HED accepted the rational.  This deficiency is now
resolved.

Cited in the last summary document (D324895):  New processing studies
are requested.  In the interim, a tolerance on corn oil should be
established based on theoretical concentration factors.

Upon rebuttal of the registrant regarding the interim tolerance, the
issue was presented to the HED Chemistry Science Advisory Council
(ChemSAC).  Chem SAC concluded that a corn processing study is to be
conducted at 5x the new field corn use rate (i.e. 5 x 0.17 lb/A). If
residues of either parent or the acid metabolite exceed the LOQ in corn
grain, then residue data in the processed fractions will be needed.
These studies are required as conditions of registration.

Cited in the last summary document (D324895):  The available confined
rotational crop studies allow for soybean only with PBI of 9 months as a
rotational crop.

Upon rebuttal by  the registrant citing a previous submission that was
not reviewed (MRID # 45797401), the issue was presented to the HED
Chemistry Science Advisory Council (ChemSAC).  The preliminary review
indicated that the study included rotational crops on a plot which was
flooded with water after application of the isoxadifen ethyl to the soil
and subsequent draining of the plot after 39 days,  mimicking rice
agricultural practices.   ChemSAC accepted the study (based on low TRR
found in that study and in a corn metabolism study) toward meeting the
requirements for a rotational crop cited as a deficiency in the previous
summary document.  Provided the study is found to be acceptable after
formal review, this deficiency is resolved.

Cited in the last summary document (D324895):  Multiresidue testing of
AE C637375 is still outstanding.

The registrant cited a submission (MRID # 46221801) which had not been
reviewed.  The study is acceptable and is forwarded to FDA.  This
deficiency is now resolved.

Cited in the last summary document (D324895):  HED-recommended
tolerances:

		Corn, Field, grain
……………………………………………..0.08 ppm

		Corn, Field, forage
……………………………………………0.25 ppm

		Corrn, Field, stover
…………………………………………...0.50 ppm

The registrant also rebutted the recommended tolerances by HED based on
the exceeding number of <LOQ residue values (>60%) and inappropriateness
of using tolerance-calculator spreadsheet.  The residue values were
reexamined and it was found that although the MLE approach may not give
the best recommended tolerance value for corn field grain nevertheless,
the field corn grain should stay at the previously recommended value of
0.08 ppm for the purpose of harmonization with Canada.  For forage and
stover, because of large number of LOQ values, the traditional approach
for setting tolerance was followed; therefore, the recommended tolerance
for field corn forage (maximum residue 0.2 ppm) and stover (maximum
residue 0.4 ppm) will be 0.20 and 0.40 ppm respectively (see below).

Provided the petitioner resolves the above-mentioned deficiencies and
submits a revised section F, HED recommends conditional registration and
the following tolerances for the combined residues of the herbicide
safener isoxadifen-ethyl (AE F122006), [ethyl
5,5-diphenyl-2-isoxazoline-3-carboxylate], and its metabolite AE F129431
[4,5-dihydro-5,5-diphenyl-3-isoxazolecarboxylic acid] in/on corn:

Corn, Field, grain	0.08 ppm

Corn, Field, forage	0.20 ppm

Corn, Field, stover	0.40 ppm

RDI: RAB1 chemists (20-JUNE-2007)

Petition Number(s): 5E7007, 5E6962

DP #: 341243

PC Code: 823000

M. Sahafeyan:S10944:PY1:(703)-305-0776

Page   PAGE  3  of   NUMPAGES  4


[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Notices]
[Pages 13154-13155]
[FR Doc No: 2020-04621]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-1120-000]

Paper Birch Energy, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Paper Birch Energy, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 23, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC

Online service, please email<EMAIL_ADDRESS>or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 2, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-04621 Filed 3-5-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Rules and Regulations]
[Pages 45720-45721]
[FR Doc No: 2017-20843]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2017-0646; Airspace Docket No. 17-AGL-17

Establishment of Class E Airspace; Ellendale, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace at Ellendale, ND.
Controlled airspace is necessary to accommodate new special instrument
approach procedures developed at Ellendale Municipal Airport, for the
safety and management of instrument flight rules (IFR) operations at
the airport.

DATES: Effective 0901 UTC, December 7, 2017. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to
https://www.archives.gov/federal-register/cfr/ibr-locations.html. FAA
Order 7400.11, Airspace Designations and Reporting Points, is published
yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, 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 establishes Class E airspace extending upward from 700 feet above
the surface at Ellendale Municipal Airport, Ellendale, ND, to support
mew special IFR procedures at the airport.

History

    On August 1, 2017, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Class E Airspace at
the Ellendale Municipal Airport, Ellendale, ND (82 FR 35714) FAA-2017-
0646. Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. One
comment was received in support of the proposal.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B dated August 3, 2017,

and effective September 15, 2017, 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.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface within a 6.3-mile radius of Ellendale Municipal
Airport, Ellendale, ND, to accommodate new special instrument approach
procedures. Controlled airspace is needed for the safety and management
of IFR operations at the airport.

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, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exists that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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
7400.11B, Airspace Designations and Reporting Points, dated August 3,
2017, and effective September 15, 2017, is amended as follows:

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

* * * * *

AGL ND E5 Ellendale, ND [New]

Ellendale Municipal Airport, ND
    (Lat. 46[deg]00'59'' N., long. 098[deg]30'56'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Ellendale Municipal Airport.

    Issued in Fort Worth, TX, on September 20, 2017.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-20843 Filed 9-29-17; 8:45 am]
 BILLING CODE 4910-13-P


Exhibit 2  -  Vehicle Classification Counts
Weekday vehicle classification counts from GDOT were obtained for the years 2008 through 2010 for the entire state of Georgia.  The counts were stratified by two areas, the counts within the 13-county portion of the Atlanta MPO area, and the remaining statewide counts.  In order to provide a reasonable sample, the remaining statewide counts were used to factor the outer 7-county portion of the nonattainment area.  The vehicle classification counts collected were stratified based on the FHWA vehicle classifications.  The counts were then summarized into the 6 HPMS vehicle type categories.  This result was then summarized for the three years.  The percent by vehicle type by road type based on functional classification was calculated.  The counts by the area type (urban versus rural) were combined since FHWA eliminated the urban/rural area type distinction from HPMS functional classifications beginning with the 2009 data, reported in 2010.

Table 1, below, lists the counts by year for the 13-county area. Table 2 lists the final factors which were applied to the 13-county area VMT by vehicle type by road type based on the counts.   Table 3 lists the counts by year for the 7-county area.  Table 4 lists the final factors which were applied to the 7-county area VMT by vehicle type by road type based on the counts.  These values were used to weight the VMT from the travel demand model by road type by vehicle type for input into AADVMT worksheet importer.

                Table 1  -  GDOT Vehicle Classification Counts
                             13-County Atlanta MPO

          Table 1 (continued)  -  GDOT Vehicle Classification Counts
                             13-County Atlanta MPO

         Table 2  -  Final Factor of VMT by Vehicle Type by Road Type
                             13-County Atlanta MPO

                                     Code
HPMS Vehicle Type
FHWA Veh Class
 Restricted Access
 Unrestricted Access
 Restricted Access Factor
 Unrestricted Access Factor
                                      10
Motorcycles
Class 1
                                                                      3,652,451
                                                                        838,694
                                                                       0.002184
                                                                       0.002291
                                      20
Passenger Cars
Class 2
                                                                  1,270,928,377
                                                                    285,644,317
                                                                       0.759844
                                                                       0.780335
                                      30
Other 2 axle-4 tire vehicles
Class 3
                                                                    261,847,644
                                                                     60,069,872
                                                                       0.156550
                                                                       0.164101
                                      40
Buses
Class 4
                                                                     10,055,608
                                                                      2,203,498
                                                                       0.006012
                                                                       0.006020
                                      50
Single Unit Trucks
Class 5-7
                                                                     45,529,446
                                                                      9,646,948
                                                                       0.027220
                                                                       0.026354
                                      60
Combination Trucks
Class 8-13
                                                                     80,604,393
                                                                      7,649,937
                                                                       0.048191
                                                                       0.020898

Total

                                                                  1,672,617,919
                                                                    366,053,266
                                                                       1.000000
                                                                       1.000000

                Table 3  -  GDOT Vehicle Classification Counts
                     Statewide minus 13-County Atlanta MPO

          Table 3 (continued)  -  GDOT Vehicle Classification Counts
                     Statewide minus 13-County Atlanta MPO

         Table 4  -  Final Factor of VMT by Vehicle Type by Road Type
                                 7-County Area

Code
HPMS Vehicle Type
FHWA Veh Class
 Restricted Access
 Unrestricted Access
 Restricted Access Factor
 Unrestricted Access  Factor
                                      10
Motorcycles
Class 1
                                                                      3,514,125
                                                                      2,144,654
                                                                       0.003065
                                                                       0.003113
                                      20
Passenger Cars
Class 2
                                                                    715,292,864
                                                                    477,981,491
                                                                       0.623953
                                                                       0.693753
                                      30
Other 2 axle-4 tire vehicles
Class 3
                                                                    203,388,778
                                                                    148,122,556
                                                                       0.177417
                                                                       0.214988
                                      40
Buses
Class 4
                                                                      8,571,093
                                                                      3,259,964
                                                                       0.007477
                                                                       0.004732
                                      50
Single Unit Trucks
Class 5-7
                                                                     37,734,334
                                                                     23,832,760
                                                                       0.032916
                                                                       0.034591
                                      60
Combination Trucks
Class 8-13
                                                                    177,888,021
                                                                     33,638,415
                                                                       0.155172
                                                                       0.048824

Total

                                                                  1,146,389,215
                                                                    688,979,840
                                                                       1.000000
                                                                       1.000000

Since the vehicle classification counts are collected using counters that do not adequately distinguish between passenger cars and SUVs, the MOVES defaults for vehicle types 20 and 30 by road type were used to redistribute the VMT.  The MOVES Defaults are listed in Table 5.
             Table 5  -  MOVES Default Percent VMT by Vehicle Type

                                 Vehicle Type
                                     Year
                                      10
                                      20
                                      30
                                      40
                                      50
                                      60
                                     1999
                                                                        0.00390
                                                                        0.58310
                                                                        0.33480
                                                                        0.00280
                                                                        0.02610
                                                                        0.04920
                                     2000
                                                                        0.00380
                                                                        0.58250
                                                                        0.33600
                                                                        0.00280
                                                                        0.02570
                                                                        0.04920
                                     2001
                                                                        0.00340
                                                                        0.58240
                                                                        0.33740
                                                                        0.00250
                                                                        0.02590
                                                                        0.04850
                                     2002
                                                                        0.00330
                                                                        0.58110
                                                                        0.33850
                                                                        0.00240
                                                                        0.02660
                                                                        0.04820
                                     2003
                                                                        0.00330
                                                                        0.57880
                                                                        0.34060
                                                                        0.00230
                                                                        0.02690
                                                                        0.04810
                                     2004
                                                                        0.00340
                                                                        0.57260
                                                                        0.34600
                                                                        0.00220
                                                                        0.02730
                                                                        0.04850
                                     2005
                                                                        0.00360
                                                                        0.57060
                                                                        0.34770
                                                                        0.00220
                                                                        0.02710
                                                                        0.04870
                                     2006
                                                                        0.00400
                                                                        0.55990
                                                                        0.35850
                                                                        0.00220
                                                                        0.02750
                                                                        0.04780
                                     2007
                                                                        0.00450
                                                                        0.55070
                                                                        0.36630
                                                                        0.00220
                                                                        0.02790
                                                                        0.04840
                                     2008
                                                                        0.00510
                                                                        0.54610
                                                                        0.36980
                                                                        0.00230
                                                                        0.02870
                                                                        0.04800
                                     2009
                                                                        0.00530
                                                                        0.54760
                                                                        0.37480
                                                                        0.00210
                                                                        0.02660
                                                                        0.04370
                                     2010
                                                                        0.00530
                                                                        0.54360
                                                                        0.37770
                                                                        0.00220
                                                                        0.02770
                                                                        0.04350
                                     2011
                                                                        0.00530
                                                                        0.53940
                                                                        0.37830
                                                                        0.00240
                                                                        0.02970
                                                                        0.04500
                                     2012
                                                                        0.00530
                                                                        0.53700
                                                                        0.37740
                                                                        0.00250
                                                                        0.03140
                                                                        0.04640
                                     2013
                                                                        0.00520
                                                                        0.53640
                                                                        0.37610
                                                                        0.00260
                                                                        0.03240
                                                                        0.04730
                                     2014
                                                                        0.00520
                                                                        0.53780
                                                                        0.37370
                                                                        0.00260
                                                                        0.03310
                                                                        0.04760
                                     2015
                                                                        0.00511
                                                                        0.54185
                                                                        0.36926
                                                                        0.00266
                                                                        0.03358
                                                                        0.04754
                                     2016
                                                                        0.00505
                                                                        0.54655
                                                                        0.36414
                                                                        0.00270
                                                                        0.03413
                                                                        0.04743
                                     2017
                                                                        0.00500
                                                                        0.55148
                                                                        0.35868
                                                                        0.00274
                                                                        0.03465
                                                                        0.04744
                                     2018
                                                                        0.00495
                                                                        0.55719
                                                                        0.35240
                                                                        0.00278
                                                                        0.03509
                                                                        0.04759
                                     2019
                                                                        0.00490
                                                                        0.56346
                                                                        0.34559
                                                                        0.00281
                                                                        0.03548
                                                                        0.04777
                                     2020
                                                                        0.00484
                                                                        0.57033
                                                                        0.33840
                                                                        0.00283
                                                                        0.03581
                                                                        0.04779
                                     2021
                                                                        0.00479
                                                                        0.57743
                                                                        0.33138
                                                                        0.00285
                                                                        0.03599
                                                                        0.04755
                                     2022
                                                                        0.00475
                                                                        0.58459
                                                                        0.32444
                                                                        0.00286
                                                                        0.03613
                                                                        0.04723
                                     2023
                                                                        0.00471
                                                                        0.59142
                                                                        0.31755
                                                                        0.00288
                                                                        0.03639
                                                                        0.04705
                                     2024
                                                                        0.00466
                                                                        0.59782
                                                                        0.31089
                                                                        0.00291
                                                                        0.03674
                                                                        0.04698
                                     2025
                                                                        0.00462
                                                                        0.60374
                                                                        0.30470
                                                                        0.00294
                                                                        0.03709
                                                                        0.04692
                                     2026
                                                                        0.00458
                                                                        0.60921
                                                                        0.29896
                                                                        0.00296
                                                                        0.03745
                                                                        0.04684
                                     2027
                                                                        0.00455
                                                                        0.61410
                                                                        0.29377
                                                                        0.00300
                                                                        0.03784
                                                                        0.04674
                                     2028
                                                                        0.00452
                                                                        0.61852
                                                                        0.28903
                                                                        0.00303
                                                                        0.03828
                                                                        0.04662
                                     2029
                                                                        0.00450
                                                                        0.62265
                                                                        0.28449
                                                                        0.00307
                                                                        0.03876
                                                                        0.04652
                                     2030
                                                                        0.00448
                                                                        0.62625
                                                                        0.28038
                                                                        0.00311
                                                                        0.03930
                                                                        0.04648
                                     2031
                                                                        0.00444
                                                                        0.62984
                                                                        0.27688
                                                                        0.00313
                                                                        0.03959
                                                                        0.04611
                                     2032
                                                                        0.00440
                                                                        0.63303
                                                                        0.27380
                                                                        0.00316
                                                                        0.03987
                                                                        0.04574
                                     2033
                                                                        0.00436
                                                                        0.63573
                                                                        0.27104
                                                                        0.00319
                                                                        0.04023
                                                                        0.04545
                                     2034
                                                                        0.00432
                                                                        0.63812
                                                                        0.26857
                                                                        0.00321
                                                                        0.04058
                                                                        0.04519
                                     2035
                                                                        0.00429
                                                                        0.64015
                                                                        0.26636
                                                                        0.00324
                                                                        0.04096
                                                                        0.04501
                                     2036
                                                                        0.00425
                                                                        0.64184
                                                                        0.26447
                                                                        0.00327
                                                                        0.04134
                                                                        0.04483
                                     2037
                                                                        0.00421
                                                                        0.64323
                                                                        0.26287
                                                                        0.00330
                                                                        0.04173
                                                                        0.04465
                                     2038
                                                                        0.00418
                                                                        0.64417
                                                                        0.26173
                                                                        0.00333
                                                                        0.04211
                                                                        0.04447
                                     2039
                                                                        0.00414
                                                                        0.64476
                                                                        0.26096
                                                                        0.00336
                                                                        0.04249
                                                                        0.04428
                                     2040
                                                                        0.00411
                                                                        0.64532
                                                                        0.26017
                                                                        0.00340
                                                                        0.04289
                                                                        0.04411
                                     2041
                                                                        0.00407
                                                                        0.64586
                                                                        0.25937
                                                                        0.00343
                                                                        0.04331
                                                                        0.04396
                                     2042
                                                                        0.00404
                                                                        0.64630
                                                                        0.25864
                                                                        0.00346
                                                                        0.04374
                                                                        0.04381
                                     2043
                                                                        0.00401
                                                                        0.64666
                                                                        0.25799
                                                                        0.00350
                                                                        0.04418
                                                                        0.04366
                                     2044
                                                                        0.00398
                                                                        0.64693
                                                                        0.25741
                                                                        0.00353
                                                                        0.04462
                                                                        0.04352
                                     2045
                                                                        0.00395
                                                                        0.64711
                                                                        0.25692
                                                                        0.00357
                                                                        0.04507
                                                                        0.04338
                                     2046
                                                                        0.00392
                                                                        0.64719
                                                                        0.25653
                                                                        0.00360
                                                                        0.04552
                                                                        0.04324
                                     2047
                                                                        0.00389
                                                                        0.64720
                                                                        0.25620
                                                                        0.00364
                                                                        0.04598
                                                                        0.04310
                                     2048
                                                                        0.00386
                                                                        0.64715
                                                                        0.25593
                                                                        0.00368
                                                                        0.04643
                                                                        0.04295
                                     2049
                                                                        0.00383
                                                                        0.64704
                                                                        0.25572
                                                                        0.00371
                                                                        0.04690
                                                                        0.04281
                                     2050
                                                                        0.00380
                                                                        0.64689
                                                                        0.25554
                                                                        0.00375
                                                                        0.04736
                                                                        0.04266