[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51239-51241]
[FR Doc No: 2022-18015]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0525; Airspace Docket No. 22-ASO-7]
RIN 2120-AA66

Amendment of Class E Airspace; Raleigh, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace extending upward from 700
feet above the surface at Raleigh-Durham International Airport,
Raleigh, NC, due to the decommissioning of the Leevy non-directional
beacon (NDB) and cancellation of associated approaches. In addition,
Class E airspace designated as an extension to a Class C surface area
is amended by updating the airport geographic coordinates and updating
the name of the Raleigh/Durham VORTAC. Also, Horace Williams Airport
has been abandoned, and is no longer in need of

controlled airspace. Controlled airspace is necessary for the safety
and management of instrument flight rules (IFR) operations in the area.

DATES: Effective 0901 UTC, November 3, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at 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: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; 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 Class E airspace for Raleigh-Durham International Airport,
Raleigh, NC, to support IFR operations in the area.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 29238, May 13, 2022) for Docket No. FAA-2022-0525 to
amend Class E airspace for Raleigh-Durham International Airport,
Raleigh, NC.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. One
comment was received advising the FAA that a group is researching the
possible reopening of the now closed Horace Williams Airport. The FAA
will remove the Class E airspace surrounding this airport, and
establish modified airspace when/if the airport does reopen.
    Class E airspace designations are published in Paragraphs 6003 and
6005, respectively, of FAA Order JO 7400.11F, dated August 10, 2021,
and effective September 15, 2021, which is incorporated by reference in
14 CFR 71.1. The Class 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 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA is amending 14 CFR part 71 by amending Class E airspace
extending upward from 700 feet above the surface at Raleigh-Durham
International Airport, Raleigh, NC, due to the decommissioning of the
Leevy NDB and cancellation of associated approaches. This action
eliminates the northeast extension. Also, Class E airspace designated
as an extension to a Class C surface area is amended by updating the
airport's geographic coordinates and updating the name of the Raleigh/
Durham VORTAC, (formerly Raleigh VORTAC). This action also removes the
airspace surrounding Horace Williams Airport, as the airport has
closed.
    Class E airspace designations are published in Paragraphs 6003 and
6005, respectively, of FAA Order JO 7400.11F, dated August 10, 2021,
and effective September 15, 2021, which is incorporated by reference in
14 CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this 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 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 5-6.5a.
    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 7400.11F,
Airspace Designations and Reporting Points, dated August 10, 2021, and
effective September 15, 2021, is amended as follows:

Paragraph 6003 Class E Airspace Designated as an Extension to Class
C Area.

* * * * *

ASO NC E3 Raleigh, NC [Amended]

Raleigh-Durham International Airport, NC
    (Lat. 35[deg]52'40'' N, long. 78[deg]47'15'' W)
Raleigh/Durham VORTAC
    (Lat. 35[deg]52'21'' N, long. 78[deg]47'00'' W)

    That airspace extending upward from the surface within 3 miles
each side of the Raleigh/Durham VORTAC 036[deg], 128[deg] and
231[deg] radials extending from a 5-mile radius of the Raleigh-
Durham International Airport

to 7 miles northeast, southeast and southwest of the VORTAC.

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

* * * * *

ASO NC E5 Raleigh, NC [Amended]

Raleigh-Durham International Airport, NC
    (Lat. 35[deg]52'40'' N, long. 78[deg]47'15'' W)
Duke Medical Center, Point In Space Coordinates
    (Lat. 35[deg]59'48'' N, long. 78[deg]55'49'' W)

    That airspace extending upward from 700 feet or more above the
surface within a 10-mile radius of Raleigh-Durham International
Airport; and that airspace within a 6-mile radius of the point in
space (lat. 35[deg]59'48'' N, long. 78[deg]55'49'' W) serving Duke
Medical Center.

    Issued in College Park, Georgia, on August 15, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2022-18015 Filed 8-19-22; 8:45 am]
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[Federal Register: November 23, 2005 (Volume 70, Number 225)]
[Rules and Regulations]
[Page 70734-70736]
[DOCID:fr23no05-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R09-OAR-2005-CA-0006; FRL-7998-4]

Revisions to the California State Implementation Plan, Imperial
and Santa Barbara County Air Pollution Control Districts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Imperial County Air Pollution Control District (ICAPCD) and Santa
Barbara County Air Pollution Control District (SBCAPCD) portions of the
California State Implementation Plan (SIP). Under authority of the
Clean Air Act as amended in 1990 (CAA or the Act), we are approving
local rules that are

administrative and address changes for clarity and consistency.

DATES: This rule is effective on January 23, 2006 without further
notice, unless EPA receives adverse comments by December 23, 2005. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number [DOCKET
NUMBER], by one of the following methods:
    1. Agency Web site: http://docket.epa.gov/rmepub/. EPA prefers

receiving comments through this electronic public docket and comment
system. Follow the on-line instructions to submit comments.
    2. Federal eRulemaking Portal: http://www.regulations.gov. Follow

the on-line instructions.
    3. E-mail<EMAIL_ADDRESS>    4. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://docket.epa.gov/rmepub/
, including any personal information provided,

unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through the
agency Web site, eRulemaking portal or e-mail. The agency Web site and
eRulemaking portal are ``anonymous access'' systems, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
    Docket: The index to the docket for this action is available
electronically at http://docket.epa.gov/rmepub and in hard copy at EPA

Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, EPA Region IX, (415)
947-4120<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public comment and final action.
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agencies and submitted by the California
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
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                                            Rule < greek-
               Local agency                      i>                Rule title             Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD....................................          101  Definitions..................     01/11/05     04/26/05
SBCAPCD...................................          102  Definitions..................     01/20/05     04/26/05
----------------------------------------------------------------------------------------------------------------

    On June 3, 2005, these rule submittals were found to meet the
completeness criteria in 40 CFR Part 51 Appendix V, which must be met
before formal EPA review.

B. Are there other versions of these rules?

    We approved versions of these rules into the SIP on the dates
listed: ICAPCD Rule 101 on March 7, 2003 and SBCAPCD Rule 102 on July
23, 2004.

C. What is the purpose of the submitted rule revisions?

    Imperial County Rule 101 is amended by adding new definitions,
revising some existing definitions, and deleting obsolete definitions.
New and revised definitions for Rule 424, Architectural Coatings, are
added into Rule 101.
    Santa Barbara Rule 102 is amended by revising the definition of
reactive organic compounds to exempt methyl acetate and
perchloroethylene.
    Section 110(a) of the CAA requires states to submit regulations
that control volatile organic compounds, oxides of nitrogen,
particulate matter, and other air pollutants which harm human health
and the environment. These rules were developed as part of the local
agency's program to control these pollutants.
    EPA's technical support document has more information about these
rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    These rules describe administrative provisions and definitions that
support emission controls found in other local agency requirements. In
combination with other requirements, these rules must be enforceable
(see section 110(a) of the Act) and must not relax existing
requirements (see sections 110(l) and 193). EPA policy that we used to
help evaluate enforceability requirements consistently includes the
Bluebook (``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988) and the Little Bluebook
(``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability and SIP relaxations. The TSD has more
information on our evaluation.

C. Public comment and final action.

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by December 23, 2005, we will publish a timely
withdrawal in the Federal Register to notify the public

that the direct final approval will not take effect and we will address
the comments in a subsequent final action based on the proposal. If we
do not receive timely adverse comments, the direct final approval will
be effective without further notice on January 23, 2006. This will
incorporate these rules into the federally enforceable SIP.
    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 Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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
rule 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.
section 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 January 23, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Volatile organic compounds.

    Dated: October 26, 2005.
Jane Diamond,
Acting Regional Administrator, Region IX.

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Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(336)(i)(C) and
(D) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (336) * * *
    (i) * * *
    (C) Imperial County Air Pollution Control District.
    (1) Rule 101, adopted on January 11, 2005.
    (D) Santa Barbara County Air Pollution Control District.
    (1) Rule 102, adopted on January 20, 2005.
* * * * *
[FR Doc. 05-23090 Filed 11-22-05; 8:45 am]

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