[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Rules and Regulations]
[Pages 20163-20166]
[FR Doc No: 2015-08659]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0202]
RIN 1625-AA00

Safety Zone, Eastern Branch Elizabeth River; Norfolk, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the Eastern Branch of the Elizabeth River in support of the
Old Dominion University (ODU) versus University of Virginia (UVA)
Baseball Game fireworks event. This safety zone will restrict vessel
movement in the specified area during the fireworks display. This
action is necessary to provide for the safety of life and property on
the surrounding navigable waters during the fireworks display.

DATES: This rule is effective and enforced from 9:30 p.m. to 10:30 p.m.
on April 28, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0202]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Gregory Knoll, Waterways Management Division Chief,
Sector Hampton Roads, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior written
notice and opportunity to comment when the agency for good cause finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule due to the short time
period between event planners notifying the Coast Guard of details
concerning the event, on March 19, 2015, and publication of this safety
zone. As such, it is impracticable for the Coast Guard to provide a
full comment period due to lack of time. Furthermore, delaying the
effective date of this safety zone would be contrary to the public
interest as immediate action is needed to ensure the safety of the
event participants, patrol vessels, spectator craft and other vessels
transiting the event area. The Coast Guard will provide advance
notifications to users of the affected waterway via marine information
broadcasts and local notice to mariners.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction on vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels,
and enhancing public and maritime safety.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 160.5; Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to propose, establish, and define regulatory safety zones.
    The purpose of this safety zone is to protect the event
participants, patrol vessels, spectator craft and other vessels
transiting navigable waters of the Eastern Branch of the Elizabeth
River from hazards associated with a fireworks display. The potential
hazards to mariners within the safety zone include accidental discharge
of fireworks, dangerous projectiles, and falling hot embers or other
debris.

C. Discussion of the Final Rule

    On April 28, 2015, the Harbor Park Stadium will be hosting the ODU
versus UVA baseball game which will include a fireworks display on the
bank of the Eastern Branch of the Elizabeth River in Norfolk, VA. The
fireworks debris fallout area will extend over the navigable waters of
the Eastern Branch of the Elizabeth River.
    The Captain of the Port of Hampton Roads is establishing a safety
zone on specified waters of the Eastern Branch of the Elizabeth River
in Norfolk, VA. The fireworks will be launched from the shoreline of
the Eastern Branch of the Elizabeth River located behind the Harbor
Park Stadium. The safety zone will encompass all navigable waters
within a 210 foot radius of the fireworks launching location at
position 36[deg]50'29.8896'' N, 076[deg]16'43.662'' W and
36[deg]50'30.3678'' N, 076[deg]16'39.936'' W. This safety zone will be
established and enforced from 9:30 p.m. to 10:30 p.m. on April 28,
2015. Access to the safety zone will be restricted during the specified
date and times. Except for participants and vessels authorized by the
Captain of the Port of his Representative, no person or vessel may
enter or remain in the regulated area.
    The Captain of the Port will give notice of the enforcement of the
safety zone by all appropriate means to provide the widest
dissemination of notice to the affected segments of the public. This
includes publication in the Local Notice to Mariners and Marine
Information Broadcasts.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this safety
zone restricts vessel traffic through the regulated area, the effect of
this rule will not be significant because: (i) This rule will only be
enforced for the limited size and duration of the event; and (ii) the
Coast Guard will make extensive notification to the maritime community
via marine information broadcasts so mariners may adjust their plans
accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule affects the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit or anchor in waters of the Eastern Branch of the Elizabeth
River during the enforcement period.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone is of limited size and duration, and

(ii) Sector Hampton Roads will issue maritime advisories widely
available to users of the Eastern Branch of the Elizabeth River
allowing mariners to adjust their plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone.
This rule is categorically excluded from further review under paragraph
34-(g) of Figure 2-1 of the Commandant Instruction. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0202 to read as follows:

Sec.  165.T05-0202  Safety Zone, Eastern Branch Elizabeth River;
Norfolk, VA.

    (a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector Hampton Roads. Representative means
any Coast Guard commissioned, warrant or petty officer who has been
authorized to act on the behalf of the Captain of the Port.
Participants mean individuals responsible for launching the fireworks.
    (b) Locations. The following area is a safety zone:
    (1) All waters of the Eastern Branch of the Elizabeth River within
a 210 foot radius of the fireworks display in approximate position
36[deg]50'29.8896'' N, 076[deg]16'43.662'' W and 36[deg]50'30.3678'' N,
076[deg]16'39.936'' W, located near the Harbor Park Stadium, Norfolk,
Virginia.
    (c) Regulations.
    (1) All persons are required to comply with the general regulations
governing safety zones in Sec.  165.23 of this part.
    (2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by

the Captain of the Port, Hampton Roads or his designated
representatives.
    (3) All vessels underway within this safety zone at the time it is
implemented are to depart the zone immediately.
    (4) The Captain of the Port, Hampton Roads or his representative
can be contacted at telephone number<PHONE_NUMBER>.
    (5) The Coast Guard vessels enforcing the safety zone can be
contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
    (6) This section applies to all persons or vessels wishing to
transit through the safety zone except participants and vessels that
are engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (7) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Enforcement Period. This rule will be enforced from 9:30 p.m.
to 10:30 p.m. on April 28, 2015.

    Dated: April 3, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2015-08659 Filed 4-14-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Rules and Regulations]
[Pages 55916-55918]
[FR Doc No: 2022-19693]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0443; FRL-10193-02-R1]

Air Plan Approval; Rhode Island; Prevention of Significant
Deterioration Infrastructure State Implementation Plan Elements for the
2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving three
elements of a State Implementation Plan (SIP) revision, which was
submitted by the State of Rhode Island on December 6, 2017. This
revision addressed the infrastructure requirements of the Clean Air Act
(CAA or the Act) for the 2012 annual fine particle (PM2.5)
National Ambient Air Quality Standard (NAAQS). On May 31, 2022, EPA
approved much of the submission, but did not act on three elements
related to the infrastructure requirement to have a comprehensive
Prevention of Significant Deterioration (PSD) program. In today's
action, EPA is approving the three remaining elements of the state's
December 2017 infrastructure SIP submittal based on a previous EPA
approval of Rhode Island's Air Pollution Control Regulation (APCR) No.
9. This action is being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective November 14, 2022,
unless EPA receives adverse comments by October 13, 2022. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0443 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617)
918-1684, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On December 6, 2017, Rhode Island submitted a SIP submission
addressing the ``infrastructure'' SIP requirements of the Clean Air Act
(CAA or Act) for the 2012 annual PM2.5 \1\ NAAQS.
Infrastructure SIP requirements are designed to ensure that the
structural components of each state's air quality management program
are adequate to meet the state's responsibilities under the CAA for
implementation of the NAAQS. On February 1, 2019, EPA published a
Notice of Proposed Rulemaking proposing to approve most elements of the
submission and to conditionally approve the submission for the
infrastructure SIP requirement in CAA sections 110(a)(2)(C),
(D)(i)(II), and (J) to have a complete Prevention of Significant
Deterioration (PSD) permitting program.\2\ See 84 FR 1025.
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    \1\ PM2.5 refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ``fine'' particles.
    \2\ In particular, EPA noted that Rhode Island's SIP did not yet
incorporate: (1) a requirement to identify NOX as a
precursor to ozone in the definition of ``major stationary source''
from EPA's ``Final Rule to Implement the 8-Hour Ozone National
Ambient Air Quality Standard--Phase 2; Final Rule to Implement
Certain Aspects of the 1990 Amendments Relating to New Source Review
and Prevention of Significant Deterioration as They Apply in Carbon
Monoxide, Particulate Matter, and Ozone NAAQS; Final Rule for
Reformulated Gasoline,'' 70 FR 71612 (November 29, 2005); and (2)
definitional changes required under an EPA Rule entitled
``Prevention of Significant Deterioration (PSD) for Particulate
Matter Less Than 2.5 Micrometers (PM2.5)--Increments,
Significant Impact Levels (SILs) and Significant Monitoring
Concentration'', 75 FR 64864 (October 20, 2010); see 84 FR 1025 at
1027-28 (February 1, 2019). EPA had previously found, in the context
of infrastructure SIP actions on other criteria pollutants, that
Rhode Island's SIP did not incorporate these requirements. See,
e.g., 81 FR 58849 (August 26, 2016); 81 FR 23175 (April 20, 2016).
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    On May 31, 2022 (87 FR 32316), EPA published a Notice of Final
Rulemaking (NFRM) finalizing approval of most elements of the
infrastructure SIP for the 2012 PM2.5 NAAQS but withdrawing
the proposed conditional approvals of the above-mentioned requirements
in section 110(a)(2)(C), (D)(i)(II), and (J) related to the state's PSD
program and taking no further action on those elements. EPA stated that
it would issue a separate action at a future date providing an
evaluation of Rhode Island's SIP for these PSD-related requirements for
the 2012 annual PM2.5 NAAQS. The reasons for that action are
given in the NFRM and are not restated here. See 87 FR 32316.
    In this action, EPA is approving Rhode Island's SIP for the PSD-
related infrastructure SIP requirements of section 110(a)(2)(C),
(D)(i)(II), and (J) for the 2012 annual PM2.5 NAAQS. To

address deficiencies in its PSD program that EPA had previously
identified, see, e.g., 81 FR 10168, 10171-73 (February 29, 2016), Rhode
Island revised its Air Pollution Control Regulation No. 9, Air
Pollution Control Permits (APCR 9), which contains the state's PSD
permitting program. The state submitted these revisions to EPA on March
26, 2018, and a clarification letter on February 6, 2019.\3\ EPA
reviewed Rhode Island's proposed revisions to APCR 9, determined that
they are consistent with EPA's PSD program regulations, and, on October
2, 2019, approved the revisions into the Rhode Island SIP. See 84 FR
52364. In the October 2019 notice, EPA also fully approved
infrastructure SIP requirements related to Rhode Island's PSD program
for the 2008 ozone, 2008 lead, 2010 nitrogen dioxide, and 1997 and 2006
PM2.5 NAAQS. The rationale for EPA's determination that the
revisions to APCR 9 satisfy EPA's PSD program requirement and
infrastructure SIP requirements is given in the NPRM and will not be
restated here. See 84 FR 35582 (July 24, 2019).
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    \3\ Copies of Rhode Island's March 2018 SIP submission and
clarification letter are included in the docket for this action.
---------------------------------------------------------------------------

    EPA has determined that the previously SIP-approved APCR 9 also
rectifies the deficiencies indicated in our proposal to approve Rhode
Island's 2012 PM2.5 infrastructure SIP. See 84 FR 1025
(February 1, 2019). The rationale for this determination is the same as
that given for our approval of the March 2018 revisions to APCR 9 and
will not be restated here. See 84 FR 35582. In addition, EPA reiterates
and incorporates by reference into today's notice the discussion in our
February 1, 2019, NPRM explaining that Rhode Island's SIP satisfies the
other requirements for a complete PSD permitting program covering all
regulated NSR pollutants. See 84 FR at 1027-29. Therefore, in today's
action we are approving the three PSD-related elements--CAA section
110(a)(2)(C), (D)(i)(II), and (J)--of the state's 2012 PM2.5
infrastructure SIP submission.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

II. Final Action

    EPA is approving three PSD elements, including CAA section
110(a)(2)(C), (D)(i)(II), and (J) of Rhode Island's 2012
PM2.5 infrastructure SIP, which was submitted on December 6,
2017.
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
issue of the Federal Register, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
November 14, 2022 without further notice unless the Agency receives
relevant adverse comments by October 13, 2022.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on November 14, 2022 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

III. 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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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 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 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. 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 November 14,
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. Parties with objections to this
direct final rule are encouraged to file a comment in response to the
parallel notice of proposed rulemaking for this action published in the
proposed rules section of this issue of the Federal Register, rather
than file an immediate petition for judicial review of this direct
final rule, so that EPA can withdraw this direct final rule and address
the comment in the proposed rulemaking. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

    Dated: September 7, 2022.
David Cash,
Regional Administrator, EPA Region 1.

    Part 52 of 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 OO--Rhode Island

0
2. In Sec.  52.2070, in paragraph (e), amend the table by revising the
entry for ``Infrastructure SIP and Transport SIP for the 2012
PM2.5 NAAQS'', to read as follows:

Sec.  52.2070   Identification of plan.

* * * * *
    (e) * * *

                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                                                 State
  Name of non regulatory SIP     Applicable geographic or      submittal
           provision                nonattainment area           date/      EPA approved date     Explanations
                                                            effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Infrastructure SIP and          Statewide.................       12/6/2017  May 31, 2022, 87   This submittal is
 Transport SIP for the 2012                                                  FR 32320 and       approved with
 PM2.5 NAAQS.                                                                September 13,      respect to the
                                                                             2022 [Insert       following CAA
                                                                             Federal Register   elements:
                                                                             citation].         110(a)(2) (A);
                                                                                (B); (C); (D);
                                                                                (E); (F); (G);
                                                                                (J); (K); (L);
                                                                                and (M). This
                                                                                submittal is
                                                                                disapproved for
                                                                                (H). This
                                                                                approval
                                                                                includes the
                                                                                Transport SIP
                                                                                for the 2012
                                                                                PM2.5 NAAQS,
                                                                                which shows that
                                                                                Rhode Island
                                                                                does not
                                                                                significantly
                                                                                contribute to
                                                                                PM2.5
                                                                                nonattainment or
                                                                                maintenance in
                                                                                any other state.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-19693 Filed 9-12-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Notices]
[Page 63575-63576]
[DOCID:fr09no07-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12933-000]

FFP Project 49, LLC; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, and Protests

November 2, 2007.
    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: P-12933-000.
    c. Date Filed: August 6, 2007.
    d. Applicant: FFP Project 49, LLC.
    e. Name of the Project: Hickman Bend Project.
    f. Location: The project would be located on the Mississippi River
in Fulton County, Kentucky and Mississippi County, Missouri. The
project uses no dam or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicants Contact: Mr. Dan Irvin, FFP Project 49, LLC, 69
Bridge Street, Manchester, MA 01944, phone<PHONE_NUMBER>.
    i. FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12933-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of:
(1) 2850 proposed 20-kilowatt Free Flow generating units having a total
installed capacity of 47-megawatts, (2) a proposed transmission line,
and (3) appurtenant facilities. The project would have an average
annual generation of 249.66-gigawatt-hours and be sold to a local
utility.
    l. Location of Application: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development

application allows an interested person to file the competing
application no later than 120 days after the specified comment date for
the particular application. A competing license application must
conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    t. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-22027 Filed 11-8-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Notices]
[Pages 19041-19042]
[FR Doc No: 2012-7525]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66651; File No. SR-C2-2012-010]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend Its Fees Schedule

March 23, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'' ) \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 19, 2012, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.c2exchange.com/Legal/), at the Exchange's Office of the Secretary,
and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend a number of its application-related
fees, as listed below:

------------------------------------------------------------------------
                                                     Current    Proposed
                        Fee                            fee      new fee
                                                      amount     amount
------------------------------------------------------------------------
Application Fee (Organizations)...................     $4,000     $5,000
Application Fee (Sole-Proprietors)................      2,500      3,000
Engage in Customer Business.......................      2,500      3,000
Associated Person.................................        350        500
Renewal (Organizations)...........................      2,000      2,500
Statutory Disqualification........................      2,750      5,000
Fingerprint.......................................         50         60
------------------------------------------------------------------------

The costs of processing these applications and activities have
increased, and the Exchange therefore

proposes increasing the fees in order to recoup such costs. Further,
these changes will make these fee amounts equivalent to corresponding
fees on the Chicago Board Options Exchange, Incorporated (``CBOE'').\3\
---------------------------------------------------------------------------

    \3\ See CBOE Fees Schedule, Section 11.
---------------------------------------------------------------------------

    The Exchange also proposes waiving Renewal fees for a six-month
period beginning on April 1, 2012. The Renewal fee is assessed to
organizations and sole proprietorships that were once C2 Trading Permit
Holders but gave up their trading permits, and now want to return. The
Exchange proposes waiving the Renewal fee for a six-month period
beginning on April 1, 2012 in order to provide an incentive to former
C2 Trading Permit Holders to return to C2.
    The proposed changes are to take effect April 1, 2012.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\4\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\5\ which provides that
Exchange rules may provide for the equitable allocation of reasonable
dues, fees, and other charges among its Trading Permit Holders and
other persons using its facilities. The proposed increases in TPH
Application fees are reasonable because such increases are necessary to
cover the increased costs of processing such applications and
activities. The proposed increases in TPH Application fees are
equitable and not unfairly discriminatory because they apply equally to
all qualifying market participants. Further, these changes will make
these fee amounts equivalent to corresponding fees on CBOE.\6\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ See Note 3.
---------------------------------------------------------------------------

    The proposed waiver of the Renewal fees for a six-month period
beginning on April 1, 2012 is reasonable because it will permit former
C2 Trading Permit Holders to avoid having to pay a fee they would
otherwise have to pay to return to C2. The proposed waiver of the
Renewal fees for a six-month period beginning on April 1, 2012 is
equitable and not unfairly discriminatory because it will apply equally
to all former C2 Trading Permit Holders who wish to return to C2.
Moreover, this waiver will encourage former C2 Trading Permit Holders
to return to C2, which will in turn bring greater liquidity and more
trading opportunities for all market participants.

B. Self-Regulatory Organization's Statement on Burden on Competition

    C2 does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \7\ of the Act and paragraph (f) of Rule 19b-4 \8\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2012-010 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-C2-2012-010. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing will also be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-C2-2012-010 and should be
submitted on or before April 19, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-7525 Filed 3-28-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 181 (Wednesday, September 18, 2019)]
[Rules and Regulations]
[Pages 49011-49012]
[FR Doc No: 2019-20109]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0471; Airspace Docket No. 19-AGL-18]
RIN 2120-AA66

Amendment of Class E Airspace; Fairmont, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the Class E surface airspace and the Class
E airspace extending upward from 700 feet above the surface at Fairmont
Municipal Airport, Fairmont, MN. This action is due to an airspace
review caused by the decommissioning of the Fairmont VHF
omnidirectional range (VOR) navigation aid, which provided navigation
information for the instrument procedures at this airport, as part of
the VOR Minimum Operational Network (MON) Program. The geographic
coordinates of the Fairmont Municipal Airport are also being updated to
coincide with the FAA's aeronautical database. Airspace redesign is
necessary for the safety and management of instrument flight rules
(IFR) operations at this airport.

DATES: Effective 0901 UTC, December 5, 2019. 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 7400.11D, 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 FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>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: 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 E surface
airspace and the Class E airspace extending upward from 700 feet above
the surface at Fairmont Municipal Airport, Fairmont, MN, to support IFR
operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 33194; July 12, 2019) for Docket No. FAA-2019-0471 to
amend the Class E surface airspace and the Class E airspace extending
upward from 700 feet above the surface at Fairmont Municipal Airport,
Fairmont, MN. 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 E airspace designations are
published in paragraph 6002 and 6005 of FAA Order 7400.11D, dated
August 8, 2019, and effective September 15, 2019, 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 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D 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:
    Amends the Class E surface airspace to within a 4.1-mile radius
(increased from a 4-mile radius) of the Fairmont Municipal Airport,
Fairmont, MN; removes the extensions to the airspace, as they are no
longer needed; updates the geographic coordinates of the airport to
coincide with the FAA's aeronautic database; and updates the outdated
term ``Airport/Facility Directory'' with ``Chart Supplement'';
    And amends the Class E airspace extending upward from 700 feet
above the surface to within a 6.6-mile radius (increased from a 6.5-
mile radius) of the Fairmont Municipal Airport; removes the extensions,
as they are no longer required; and updates the geographic coordinates
of the airport to coincide with the FAA's aeronautical database.
    This action is the result of an airspace review caused by the
decommissioning of the Fairmont VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.

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 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 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas

* * * * *

AGL MN E2 Fairmont, MN [Amended]

Fairmont Municipal Airport, MN
    (Lat. 43[deg]38'38'' N, long. 94[deg]24'56'' W)

    Within a 4.1-mile radius of the Fairmont Municipal Airport. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
date and time 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

* * * * *

AGL MN E5 Fairmont, MN [Amended]

Fairmont Municipal Airport, MN
    (Lat. 43[deg]38'38'' N, long. 94[deg]24'56'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Fairmont Municipal Airport.

    Issued in Fort Worth, Texas, on September 11, 2019.
Johanna Forkner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-20109 Filed 9-17-19; 8:45 am]
 BILLING CODE 4910-13-P