[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7869-7871]
[FR Doc No: 2023-02540]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1556; Airspace Docket No. 22-ASW-25]
RIN 2120-AA66

Amendment of Class D and E Airspace; Mesquite and Dallas-Fort
Worth, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D airspace at Mesquite, TX, and
the Class E airspace at Dallas-Fort Worth, TX. This action is due to an
airspace review conducted as part of the decommissioning of the
Mesquite localizer (LOC). The geographic coordinates of Granbury
Regional Airport, Granbury, TX, are also being updated to coincide with
the FAA's aeronautical database.

DATES: Effective 0901 UTC, April 20, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the

safety of aircraft and the efficient use of airspace. This regulation
is within the scope of that authority as it amends the Class D airspace
at Mesquite Metro Airport, Mesquite, TX, and the Class E airspace
extending upward from 700 feet above the surface at Mesquite Metro
Airport, contained within the Dallas-Fort Worth, TX airspace legal
description, to support instrument flight rule operations at this
airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 75531; December 9, 2022) for Docket No. FAA-2022-1556
to amend the Class D airspace at Mesquite, TX, and the Class E airspace
at Dallas-Fort Worth, TX. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class D and E airspace designations are published in paragraphs
5000 and 6005, respectively, of FAA Order JO 7400.11G, dated August 19,
2022, and effective September 15, 2022, which is incorporated by
reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in FAA Order JO
7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR 71:
    Amends the Class D airspace to within a 4.5-mile (increased from a
3.5-mile) radius of Mesquite Metro Airport, Mesquite, TX; removes the
airspace extension south of the airport; removes the city associated
with the airport to comply with changes to FAA Order JO 7400.2N,
Procedures for Handling Airspace Matters; and replaces the outdated
terms ``Notice to Airmen'' with ``Notice to Air Missions'' and
``Airport/Facility Directory'' with ``Chart Supplement'';
    And amends the Class E airspace extending upward from 700 feet
above the surface to within a 7-mile (increased from a 6.5-mile) radius
of Mesquite Metro Airport contained within the Dallas-Fort Worth, TX,
airspace legal description; removes the Mesquite Metro: RWY 18-LOC and
the associated extension from the airspace legal description; and
updates the geographic coordinates of the Granbury Regional Airport,
Granbury, TX, also contained within the Dallas-Fort Worth, TX, airspace
legal description.
    This action is the result of an airspace review conducted as part
of the decommissioning of the Mesquite LOC which provided navigation
information to the instrument procedures at Mesquite Metro Airport.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this 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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA 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 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW TX D Mesquite, TX [Amended]

Mesquite Metro Airport, TX
    (Lat. 32[deg]44'49'' N, long. 96[deg]31'50'' W)

    That airspace extending upward from the surface to but not
including 2,000 feet MSL within a 4.5-mile radius of Mesquite Metro
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Air Missions.
The effective dates and times will thereafter be continuously
published in the Chart Supplement.

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

* * * * *

ASW TX E5 Dallas-Fort Worth, TX [Amended]

Dallas-Fort Worth International Airport, TX
    (Lat. 32[deg]53'50'' N, long. 97[deg]02'16'' W)
McKinney National Airport, TX
    (Lat. 33[deg]10'37'' N, long. 96[deg]35'20'' W)
Ralph M. Hall/Rockwall Municipal Airport, TX
    (Lat. 32[deg]55'50'' N, long. 96[deg]26'08'' W)
Mesquite Metro Airport, TX
    (Lat. 32[deg]44'49'' N, long. 96[deg]31'50'' W)
Lancaster Regional Airport, TX
    (Lat. 32[deg]34'39'' N, long. 96[deg]43'03'' W)
Point of Origin
    (Lat. 32[deg]51'57'' N, long. 97[deg]01'41'' W)
Fort Worth Spinks Airport, TX
    (Lat. 32[deg]33'54'' N, long. 97[deg]18'30'' W)
Cleburne Regional Airport, TX
    (Lat. 32[deg]21'14'' N, long. 97[deg]26'02'' W)
Bourland Field, TX
    (Lat. 32[deg]34'55'' N, long. 97[deg]35'27'' W)
Granbury Regional Airport, TX
    (Lat. 32[deg]26'35'' N, long. 97[deg]49'17'' W)
Parker County Airport, TX
    (Lat. 32[deg]44'47'' N, long. 97[deg]40'57'' W)
Bridgeport Municipal Airport, TX
    (Lat. 33[deg]10'26'' N, long. 97[deg]49'42'' W)
Decatur Municipal Airport, TX
    (Lat. 33[deg]15'15'' N, long. 97[deg]34'50'' W)

    That airspace extending upward from 700 feet above the surface
within a 30-mile radius of Dallas-Fort Worth International Airport;
and within a 6.6-mile radius of McKinney National Airport; and
within 1.8 miles each

side of the 002[deg] bearing from McKinney National Airport
extending from the 6.6-mile radius to 9.2 miles north of the
airport; and within a 6.3-mile radius of Ralph M. Hall/Rockwall
Municipal Airport; and within 1.6 miles each side of the 010[deg]
bearing from Ralph M. Hall/Rockwall Municipal Airport extending from
the 6.3-mile radius to 10.8 miles north of the airport; and within a
7-mile radius of Mesquite Metro Airport; and within a 6.6-mile
radius of Lancaster Regional Airport; and within 1.9 miles each side
of the 140[deg] bearing from Lancaster Regional Airport extending
from the 6.6-mile radius to 9.2 miles southeast of the airport; and
within 8 miles northeast and 4 miles southwest of the 144[deg]
bearing from the Point of Origin extending from the 30-mile radius
of Dallas-Fort Worth International Airport to 35 miles southeast of
the Point of Origin; and within a 6.5-mile radius of Fort Worth
Spinks Airport; and within 8 miles east and 4 miles west of the
178[deg] bearing from Fort Worth Spinks Airport extending from the
6.5-mile radius to 21 miles south of the airport; and within a 6.9-
mile radius of Cleburne Regional Airport; and within 3.6 miles each
side of the 292[deg] bearing from the Cleburne Regional Airport
extending from the 6.9-mile radius to 12.2 miles northwest of
airport; and within a 6.5-mile radius of Bourland Field; and within
a 8.8-mile radius of Granbury Regional Airport; and within a 6.3-
mile radius of Parker County Airport; and within 8 miles east and 4
miles west of the 177[deg] bearing from Parker County Airport
extending from the 6.3-mile radius to 21.4 miles south of the
airport; and within a 6.3-mile radius of Bridgeport Municipal
Airport; and within 1.6 miles each side of the 040[deg] bearing from
Bridgeport Municipal Airport extending from the 6.3-mile radius to
10.6 miles northeast of the airport; and within 4 miles each side of
the 001[deg] bearing from Bridgeport Municipal Airport extending
from the 6.3-mile radius to 10.7 miles north of the airport; and
within a 6.3-mile radius of Decatur Municipal Airport; and within
1.5 miles each side of the 263[deg] bearing from Decatur Municipal
Airport extending from the 6.3-mile radius to 9.2 miles west of the
airport.

    Issued in Fort Worth, Texas, on February 2, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-02540 Filed 2-6-23; 8:45 am]
BILLING CODE 4910-13-P


32746 Federal Register / Vol. 68, No. 105 / Monday, June 2, 2003 / Notices P   2448, 170, Consumers Energy Company P   2450, 145, Consumers Energy Company P   2451, 143, Consumers Energy Company P   2452, 150, Consumers Energy Company P   2453, 172, Consumers Energy Company P   2580, 200, Consumers Energy Company P   2599, 164, Consumers Energy Company H   6. Omitted Energy Projects   Certificates C   1. Docket# CP02   37, 000, Williston Basin Interstate Pipeline Company Other# s CP02   37, 002, Williston Basin Interstate Pipeline Company CP02   37, 003, Williston Basin Interstate Pipeline Company C   2. Docket# CP03   1, 000, El Paso Natural Gas Company C   3. Docket# CP03   99, 000, Norteno Pipeline Company and OKTex Pipeline Company C   4. Docket# CP02   420, 000, Red Lake Gas Storage, L. P. Other# s CP02   420, 001, Red Lake Gas Storage, L. P. CP02   421, 000, Red Lake Gas Storage, L. P. CP02   421, 001, Red Lake Gas Storage, L. P. CP02   422, 000, Red Lake Gas Storage, L. P. CP02   422, 001, Red Lake Gas Storage, L. P. C   5. Docket# CP02   434, 000, ANR Pipeline Company C   6. Docket# CP03   30, 000, BP West Coast Products LLC, Atlantic Richfield Company and Intalco Aluminum Corporation C   7. Docket# CP02   387, 001, Petal Gas Storage, L. L. C. C   8. Docket# CP01   36, 001, Zia Natural Gas Company, an Operating Division of Natural Gas Processing Company Other# s CP01   52, 001, Raton Gas Transmission Company CP01   382, 001, Zia Natural Gas Company, an Operating Division of Natural Gas Processing Company CP01   383, 001, Raton Gas Transmission Company C   9. Docket# CP02   90, 000, AES Ocean Express LLC Other# s CP02   90, 001, AES Ocean Express LLC CP02   91, 000, AES Ocean Express LLC CP02   92, 000, AES Ocean Express LLC CP02   93, 000, AES Ocean Express LLC CP02   93, 001, AES Ocean Express LLC Magalie R. Salas,

Secretary. [ FR Doc. 03   13823 Filed 5   29   03; 11: 35 am]

BILLING CODE 6717   01   P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Docket No. RM98   1   000]

Regulations Governing Off the Record Communications; Public Notice May 23, 2003. This constitutes notice, in accordance with 18 CFR 385.2201( h), of the receipt of exempt and prohibited off the record communications. Order No. 607 ( 64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive an exempt or a prohibited off the record communication relevant to the merits of a contested on the record proceeding, to deliver a copy of the communication, if written, or a summary of the substance of any oral communication, to the Secretary. Prohibited communications will be included in a public, non decisional file associated with, but not part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become part of the decisional record, the prohibited offthe record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off the record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such requests only when it determines that fairness so requires. Any person identified below as having made a prohibited off the record communication should serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off the record communications will be included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201( e)( 1)( v). The following is a list of prohibited and exempt communications recently received in the Office of the Secretary. The communications listed are grouped by docket numbers. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http:// www. ferc. gov using the `` FERRIS'' link. Enter the docket number excluding the last three digits in the docket number field to access the document. For Assistance, please contact FERC Online Support at FERCOnlineSupport@ ferc. gov or tollfree at ( 866) 208   3676, or for TTY, contact ( 202) 502   8659.

Prohibited Docket No., Date Filed, and Presenter or Requester 1. Project No. 2342   000, 5   22   03, James Nolan Magalie R. Salas, Secretary. [ FR Doc. 03   13620 Filed 5   30   03; 8: 45 am]

BILLING CODE 6717   01   P ENVIRONMENTAL PROTECTION AGENCY [ OECA   2003   0039; FRL   7506   5]

Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NSPS for Nonmetallic Mineral Processing AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: NSPS for Nonmetallic Mineral Processing ( 40 CFR part 60, subpart OOO) OMB Control Number 2060   0050, EPA ICR Number 1084.07 The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before July 2, 2003. ADDRESSES: Follow the detailed instructions under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Gregory Fried, Compliance Assessment and Media Programs Division, Office of Compliance, Mail Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: ( 202) 564   7016; fax number: ( 202) 564   0050; E mail address: fried. gregory@ epa. gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed VerDate Jan< 31> 2003 20: 16 May 30, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02JNN1. SGM 02JNN1 32747 Federal Register / Vol. 68, No. 105 / Monday, June 2, 2003 / Notices in 5 CFR 1320.12. On September 26, 2002 ( 67 FR 60672), EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID Number OECA   2003   0039, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is: ( 202) 566   1514. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice, and according to the following detailed instructions: ( 1) Submit your comments to EPA online using EDOCKET ( our preferred method), by E mail to docket. oeca@ epa. gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code: 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and ( 2) mail your comments to OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. EPA's policy is that public comment, whether submitted electronically or on paper, will be available for public viewing in EDOCKET, as EPA receives them without change, unless the comment contains copyrighted material, Confidential Business Information ( CBI), or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment placed in EDOCKET. The entire printed comment, including copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's Federal Register notice describing the electronic docket at 67 FR 38102 ( May 31, 2002), or go to http:// www. epa. gov/ edocket. Title: NSPS for Nonmetallic Mineral Processing ( 40 CFR part 60, subpart OOO), ( OMB Control Number 2060   0050, EPA ICR Number 1084.07). This is a request to renew an existing, approved collection that is scheduled to expire on June 30, 2003. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. Abstract: The Administrator has judged that PM emissions from nonmetallic mineral processing plants cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. This standard applies to owners or operators of new, modified, or reconstructed facilities at nonmetallic mineral processing plants that commenced construction, modification, or reconstruction after August 1, 1985. Nonmetallic mineral processing includes the following affected facilities: each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, and enclosed truck or railcar loading station. This standard does not apply to facilities located in underground mines; stand alone screening operations; operations that only involve recycled asphalt; fixed sand gravel, or crushed stone plants with capacities of 25 tons per hour or less; portable sand, gravel, or crushed stone plants with capacities of 150 tons per hour or less; common clay or pumice plants with capacities of 10 tons per hour or less. Additionally, when an existing facility is replaced by a piece of equipment of equal or smaller size it is not subject to the standard until all facilities in a production line are replaced. Affected facilities in the plant process that are subject to 40 CFR part 60, subpart F, for Portland Cement NSPS, or subpart I, Asphalt Concrete Plants NSPS, are not subject to this NSPS. Respondents must submit the following one time only reports: notification of the date of construction or reconstruction, notification of the actual date of initial startup, notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate, notification of demonstration of the continuous emission monitor system ( CMS) where the CMS is required ( wet scrubber), notification of the date of the initial performance test, and the results of the initial performance test. Wet mining/ screening operations are exempt from all requirements of the regulation, except an initial report and record describing the location of these operations. The general provision requirement to submit a notification of the anticipated date of initial startup is being waived for respondents subject to this standard. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. Respondents are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Owners or operators of facilities using a wet scrubber must record the measurements of both the change in pressure of the gas stream across the scrubber and the scrubbing liquid flow rate and submit semiannual reports for occurrences when the measurements of the scrubber pressure loss ( or gain) and liquid flow rate differ by more than +/ 30 percent from the average determined during the most recent performance test. All records shall be retained for at least two years. The information collected from recordkeeping and reporting requirements is necessary to ensure compliance with these standards, as required by section 114( a) of the Clean Air Act. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/ or instrument, if applicable. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 5.6 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and VerDate Jan< 31> 2003 20: 16 May 30, 2003 Jkt 200001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02JNN1. SGM 02JNN1 32748 Federal Register / Vol. 68, No. 105 / Monday, June 2, 2003 / Notices requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Nonmetallic Mineral Processing Plants. Estimated Number of Respondents: 3,825. Frequency of Response: Initial. Estimated Total Annual Hour Burden: 31,026 hours. Estimated Total Capital and Operations & Maintenance ( O & M) Annual Costs: 0. Changes in the Estimates: There is a decrease of 720 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease is due to correction of a mathematical error regarding the total number of respondents in the most recently approved ICR, in spite of a small increase in sources.

Dated: May 13, 2003. Oscar Morales, Director, Collection Strategies Division. [ FR Doc. 03   13716 Filed 5   30   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7506   4]

Proposed Settlement, Clean Air Act Citizen Suit AGENCY: Environmental Protection Agency. ACTION: Notice of proposed consent decree; request for public comment.

SUMMARY: In accordance with section 113( g) of the Clean Air Act, as amended (`` CAA'' or `` Act''), 42 U. S. C. 7413( g), notice is hereby given of a proposed consent decree that the United States Environmental Protection Agency (`` EPA'') lodged with the United States District Court for the Northern District of California on May 14, 2003 to address a lawsuit filed by Medical Advocates for Healthy Air, Sierra Club and Latino Issues Forum. Medical Advocates for Healthy Air et. al. v. Whitman, Case No. C   02   5102 CRB( N. D. Cal.). This lawsuit was filed pursuant to section 304( a) of the Act, 42 U. S. C. 7604( a). DATES: Written comments on the proposed consent decree must be received by July 2, 2003. ADDRESSES: Written comments should be sent to Jan Taradash, Office of Regional Counsel, U. S. Environmental Protection Agency Region 9, 75 Hawthorne Street, San Francisco, CA 94105. Copies of the proposed consent decree are available from Jan Taber, ( 415) 972   3900.

SUPPLEMENTARY INFORMATION: This lawsuit concerns EPA's alleged failure to perform certain nondiscretionary duties under the CAA. The consent decree provides that: ( 1) the Administrator of EPA or her delegatee shall sign no later than March 31, 2004, a notice for publication in the Federal Register proposing a federal implementation plan (`` FIP'') to implement the requirements of section 189( b)( 1)( B) of the Act, 42 U. S. C. 7513a( b)( 1)( B), for the San Joaquin Valley PM   10 nonattainment area; and ( 2) the Administrator or her delegatee shall sign no later than July 31, 2004, a notice for publication in the Federal Register taking final action to adopt a FIP to implement the requirements of that section for the San Joaquin Valley. Section 189( b)( 1)( B) provides that plans for serious PM   10 nonattainment areas must include provisions to assure the implementation of best available control measures. The consent decree also provides that EPA's obligation to promulgate the FIP shall be relieved as to any portions of the plan for which the Administrator or her delegatee signs a notice of final rulemaking by July 31, 2004 approving state implementation plan (`` SIP'') revisions for the San Joaquin Valley pursuant to Clean Air Act sections 110( k)( 3) and 189( b)( 1)( B), 42 U. S. C. 7410( k)( 3), 7313a( b)( 1)( B). For a period of thirty ( 30) days following the date of publication of this notice, EPA will receive written comments relating to the proposed consent decree from persons who were not named as parties to the litigation in question. EPA or the Department of Justice may withhold or withdraw consent to the proposed consent decree if the comments disclose facts or circumstances that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines, following the comment period, that consent is inappropriate, the final consent decree will then be executed by the parties.

Dated: May 22, 2003.

Lisa K. Friedman,

Associate General Counsel, Air and Radiation Law Office. [ FR Doc. 03   13717 Filed 5   30   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ LA   68   1   7599; FRL   7506   3]

Adequacy Status of Submitted State Implementation Plans ( SIP) for Transportation Conformity Purposes: MOBILE6 Motor Vehicle Emissions Budgets for the Baton Rouge 1 Hour Ozone Nonattainment Area AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice of adequacy.

SUMMARY: In this notice, EPA is notifying the public that we have found the on road motor vehicle emissions budget contained in the revision to the Baton Rouge serious ozone nonattainment area attainment demonstration SIP adequate for transportation conformity purposes. As a result of our finding, the budgets from the submitted attainment demonstration SIP revision must be used for future conformity determinations in the Baton Rouge area. DATES: These budgets are effective June 17, 2003. FOR FURTHER INFORMATION CONTACT: The essential information in this notice will be available at EPA's conformity Web site: http:// www. epa. gov/ oms/ transp/ conform/ adequacy. htm. You may also contact Ms. Peggy Wade, Air Planning Section ( 6PD   L), U. S. EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202   2733, telephone ( 214) 665   7247, Email address: Wade. Peggy@ epa. gov. SUPPLEMENTARY INFORMATION: Throughout this document `` we,'' `` us,'' and `` our'' refers to EPA. The word `` budget( s)'' refers to the mobile source emissions budget for volatile organic compounds ( VOCs) and the mobile source emissions budget for nitrogen oxides ( NOX). The word `` SIP'' in this document refers to the State Implementation Plan revision submitted to satisfy the commitment of the State of Louisiana to revise its mobile source budgets for the Baton Rouge ozone nonattainment area with MOBILE6. ( MOBILE6 is the most recent emissions factor model, released by EPA on January 29, 2001.) On January 21, 2003, we received the MOBILE6 SIP revision for the Baton Rouge 5   Parish ozone nonattainment area. There are two motor vehicle emissions budgets found in this plan for 2005. The emissions budget for VOCs is 18.82 tons/ day; the NOX emissions budget is 30.00 tons/ day. On January 31, 2003, the availability of these budgets was posted on EPA's Web site for the purpose of soliciting public comments.

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