[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Proposed Rules]
[Page 76293-76295]
[DOCID:fr16de08-20]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1231; Airspace Docket No. 08-ASW-25]

Proposed Amendment of Class E Airspace; Tulsa, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This action proposes to amend Class E airspace at Tulsa, OK.
Additional controlled airspace is necessary to accommodate new Standard
Instrument Approach Procedures (SIAPs) at William R. Pogue Municipal
Airport, Sand Springs, OK. The FAA is taking this action to enhance the
safety and management of Instrument Flight Rules (IFR) aircraft
operations at William R. Pogue Municipal Airport.

DATES: Comments must be received on or before January 30, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2008-1231/Airspace Docket No. 08-
ASW-25, at the beginning of your comments. You may also submit comments
on the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone: (817)
222-5582.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2008-1231/
Airspace Docket No. 08-ASW-25.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRMs
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by amending Class E airspace for SIAPs operations at
Tulsa, OK. The area would be depicted on appropriate aeronautical
charts.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9S, dated October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it would amend
controlled airspace at Tulsa, OK.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR Part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, dated October 3, 2008, and effective October 31,
2008, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASW OK E5 Tulsa, OK [Amended]

Tulsa International Airport, OK
    (Lat. 36[deg]11'54'' N., long. 95[deg]53'17'' W.)
Tulsa, Richard Lloyd Jones Jr. Airport, OK
    (Lat. 36[deg]02'23'' N., long. 95[deg]59'05'' W.)
Sand Springs, William R. Pogue Municipal Airport, OK
    (Lat. 36[deg]10'31'' N., long. 96[deg]09'07'' W.)
Tulsa VORTAC
    (Lat. 36[deg]11'47'' N., long. 95[deg]47'17'' W.)
Glenpool VOR/DME
    (Lat. 35[deg]55'15'' N., long. 95[deg]58'07'' W.)

    That airspace extending upward from 700 feet above the surface
within an 8-mile radius of Tulsa International Airport and within
1.6 miles each side of the 089[deg] radial of the Tulsa VORTAC
extending from the 8-mile radius to

11.9 miles east of the airport and within a 6.4-mile radius of
Richard Lloyd Jones Jr. Airport, and within a 7.2-mile radius of
William R. Pogue Municipal Airport and within 4 miles each side of
the 355[deg] bearing from William R. Pogue Municipal Airport
extending from the 7.2-mile radius to 10.9 miles north of the
airport, and within 4 miles each side of the 175[deg] bearing from
William R. Pogue Municipal Airport extending from the 7.2-mile
radius to 10.9 miles south of the airport and within 4.1 miles each
side of the 330[deg] radial of the Glenpool VOR/DME extending from
the 7.2-mile radius of William R. Pogue Municipal Airport to 8.3
miles northwest of the airport.
* * * * *

    Issued in Fort Worth, TX on December 9, 2008.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E8-29755 Filed 12-15-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47983-47985]
[FR Doc No: 2017-22229]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0079; FRL-9969-20-Region 4]

Air Plan Approval; Florida; Interstate Transport (Prongs 1 and 2)
for the 2010 1-hour NO2 Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Florida State Implementation Plan
(SIP), submitted by the Florida Department of Environmental Protection,
on February 3, 2017, addressing the Clean Air Act (CAA or Act)
interstate transport (prongs 1 and 2) infrastructure SIP requirements
for the 2010 1-hour Nitrogen Dioxide (NO2) National Ambient Air Quality
Standard (NAAQS). The CAA requires that each state adopt and submit a
SIP for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA, commonly referred to as an ``infrastructure SIP.''
Specifically, EPA is taking final action to approve Florida's February
3, 2017, SIP submission addressing prongs 1 and 2 to ensure that air
emissions in the State do not significantly contribute to nonattainment
or interfere with maintenance of the 2010 1-hour NO2 NAAQS in any other
state.

DATES: This rule will be effective November 15, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0079. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person 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 Federal holidays.

FOR FURTHER INFORMATION CONTACT: Andres Febres of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Febres can be reached by telephone at<PHONE_NUMBER> or
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by states within three years after
promulgation of a new or revised NAAQS to provide for the
implementation, maintenance, and enforcement of the new or revised
NAAQS. EPA has historically referred to these SIP submissions made for
the purpose of satisfying the requirements of sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and
(2) require states to address basic SIP elements such as requirements
for monitoring, basic program requirements, and legal authority that
are designed to assure attainment and maintenance of the newly
established or revised NAAQS. More specifically, section 110(a)(1)
provides the procedural and timing requirements for infrastructure
SIPs. Section 110(a)(2) lists specific elements that states must meet
for the infrastructure SIP requirements related to a newly established
or revised NAAQS. The contents of an infrastructure SIP submission may
vary depending upon the data and analytical tools available to the
state, as well as the provisions already contained in the state's
implementation plan at the time in which the state develops and submits
the submission for a new or revised NAAQS.
    Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section

110(a)(2)(D)(i)(I), are provisions that prohibit any source or other
type of emissions activity in one state from contributing significantly
to nonattainment of the NAAQS in another state (prong 1) and from
interfering with maintenance of the NAAQS in another state (prong 2).
The third and fourth prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in
one state from interfering with measures required to prevent
significant deterioration of air quality in another state (prong 3) and
from interfering with measures to protect visibility in another state
(prong 4). Section 110(a)(2)(D)(ii) requires SIPs to include provisions
ensuring compliance with sections 115 and 126 of the Act, relating to
interstate and international pollution abatement.
    On January 22, 2010, EPA established a new 1-hour primary NAAQS for
NO2 at a level of 100 parts per billion, based on a 3-year
average of the 98th percentile of the yearly distribution of 1-hour
daily maximum concentrations. See 75 FR 6474 (February 9, 2010). This
NAAQS is designed to protect against exposure to the entire group of
nitrogen oxides (NOX). NO2 is the component of
greatest concern and is used as the indicator for the larger group of
NOX. Emissions that lead to the formation of NO2
generally also lead to the formation of other NOX.
Therefore, control measures that reduce NO2 can generally be
expected to reduce population exposures to all gaseous NOX
which may have the co-benefit of reducing the formation of ozone and
fine particles both of which pose significant public health threats.
    States were required to submit infrastructure SIP submissions for
the 2010 1-hour NO2 NAAQS to EPA no later than January 22,
2013. For comprehensive information on the 2010 1-hour NO2
NAAQS, please refer to the Federal Register notice cited immediately
above.
    In a notice of proposed rulemaking published on August 10, 2017 (82
FR 37384), EPA proposed to approve Florida's February 3, 2017, SIP
submission concluding that its SIP adequately addresses prong 1 and
prong 2 requirements for the 2010 1-hour NO2 NAAQS. Florida
provided the following reasons for its determination: (1) The SIP
contains state regulations that directly or indirectly control
NOX emissions; (2) all areas in the United States are
designated as unclassifiable/attainment for the 2010 1-hour
NO2 NAAQS; (3) maximum 1-hour NO2 concentrations
in states near Florida (Alabama, Georgia, Louisiana, Mississippi, and
South Carolina) are below the 2010 standard; (4) monitored design
values for NO2 in the State are well below the 2010 1-hour
NO2 NAAQS and are trending downward; and (5) total
NOX emissions in the State are also trending downward. The
other applicable infrastructure SIP requirements for Florida for the
2010 1-hour NO2 NAAQS have been addressed in a separate
rulemaking or will be addressed separately. On March 18, 2015 (80 FR
14019), EPA approved the portions of Florida's infrastructure SIP
regarding the prevention of significant deterioration (PSD) permitting
requirements of sections 110(a)(2)(C), prong 3 of D(i), and (J) for the
2010 1-hour NO2 NAAQS. On November 23, 2016 (81 FR 84479),
EPA approved the portions of Florida's infrastructure SIP regarding
sections 110(a)(2)(A), prong 4 of section 110(a)(2)(D)(i), section
110(a)(2)(D)(ii), sections 110(a)(2)(E)-(H), and sections 110(a)(2)(K)-
(M). The portion of Florida's infrastructure SIP related to the ambient
air quality monitoring and data system requirements of section
110(a)(2)(B) will be acted on in a separate action.
    The details of Florida's submission and the rationale for EPA's
action are explained in the August 10, 2017, notice of proposed
rulemaking. Comments on the proposed rulemaking were due on or before
September 11, 2017. EPA did not receive any comments, adverse or
otherwise.

II. Final Action

    As described above, EPA is taking final action to approve Florida's
February 3, 2017, SIP revision addressing prongs 1 and 2 of CAA section
110(a)(2)(D)(i) for the 2010 1-hour NO2 NAAQS. EPA is taking
final action to approve this portion Florida's infrastructure SIP
submission because Florida's SIP includes adequate provisions to
prevent emissions sources within the State from significantly
contributing to nonattainment or interfering with maintenance of this
standard in any other state.

III. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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).
    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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 15, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.

    Dated: September 28, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 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 K--Florida

0
2. Section 52.520(e) is amended by adding a new entry for ``110(a)(1)
and (2) Infrastructure Requirements for the 2010 1-hour NO2
NAAQS'' at the end of the table to read as follows:

Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                         State       EPA approval      Federal Register
             Provision              effective date       date               notice              Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure          2/3/2017      10/16/2017  [Insert citation of    Addressing Prongs 1
 Requirements for the 2010 1-hour                                    publication].          and 2 of section
 NO2 NAAQS.                                                                                110(a)(2)(D)(i)
                                                                                only.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-22229 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P