[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Rules and Regulations]
[Pages 1514-1522]
[FR Doc No: 2015-33304]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2015-0204; FRL-9940-84-Region 9]

Designation of Areas for Air Quality Planning Purposes;
California; South Coast; Reclassification as Serious Nonattainment for
the 2006 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to reclassify the Los Angeles-South Coast Air Basin (South
Coast) Moderate PM2.5 nonattainment area, including areas of
Indian country within it, as a Serious nonattainment area for the 2006
PM2.5 national ambient air quality standards (NAAQS), based
on the EPA's determination that the area cannot practicably attain
these NAAQS by the applicable attainment date of December 31, 2015. As
a consequence of this reclassification, California must submit, no
later than 18 months from the effective date of this reclassification,
nonattainment new source review (NNSR) program revisions and a Serious
area attainment plan including a demonstration that the plan provides
for attainment of the 2006 24-hour PM2.5 standards in the
South Coast area as expeditiously as practicable and no later than
December 31, 2019.

DATES: This rule is effective on February 12, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0204
for this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be publicly available in either
location (e.g., confidential business information (CBI)). To inspect
the docket materials in person, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region 9,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Summary of Final Action
III. Public Comments and EPA Responses
IV. Final Action
    A. Reclassification as Serious Nonattainment and Applicable
Attainment Dates
    B. Reclassification of Reservation Areas of Indian Country
    C. PM2.5 Serious Area SIP Requirements
V. Statutory and Executive Order Reviews

I. Proposed Action

    On October 20, 2015 (80 FR 63640), the EPA proposed to approve
portions of California's Moderate area plan to address the 2006 primary
and secondary 24-hour PM2.5 NAAQS in the South Coast and to
reclassify the South Coast nonattainment area, including areas of
Indian country within it, from Moderate to Serious nonattainment for
these standards, based on the EPA's determination that the area cannot
practicably attain these NAAQS by the applicable attainment date of
December 31, 2015.\1\ Under section 188(b)(1) of the CAA, prior to an
area's attainment date, the EPA has discretionary authority to
reclassify as a Serious nonattainment area ``any area that the
Administrator determines cannot practicably attain'' the
PM2.5 NAAQS by the Moderate area attainment date.\2\ As part
of our proposed action, we reviewed recent PM2.5 monitoring
data for the South Coast available in EPA's Air Quality System (AQS)
database. These data show that 24-hour PM2.5 levels in the
South Coast continue to be above 35 [mu]g/m\3\, the level of the 2006
PM2.5 standards, and the recent trends in the South Coast
area's 24-hour PM2.5 levels are not consistent with a
projection of attainment by the end of 2015.\3\
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    \1\ See proposed rule at 80 FR 63640 (October 20, 2015) for a
more detailed discussion of the background for this action,
including the history of the PM2.5 NAAQS established in
2006, health effects and sources of PM2.5, designation of
the SJV as nonattainment for the PM2.5 standards, and the
EPA's actions on the submittals from the state of California to
address the nonattainment area planning requirements for the 2006
PM2.5 NAAQS in the SJV.
    \2\ Section 188(b)(1) of the Act is a general expression of
delegated rulemaking authority. See ``State Implementation Plans;
General Preamble for the Implementation of Title I of the Clean Air
Act Amendments of 1990,'' 57 FR 13498 (April 16, 1992) (hereafter
``General Preamble'') at 13537, n. 15. Although subparagraphs (A)
and (B) of section 188(b)(1) contain specific timeframes for EPA to
reclassify any areas that it determines cannot practicably attain
the PM standards by the applicable attainment date, these
subparagraphs do not restrict the general authority to reclassify an
area, as appropriate, at any time before the attainment date but
simply specify that, at a minimum, the EPA's authority must be
exercised at certain times. See id.
    \3\ The PM2.5 monitoring data that EPA reviewed
indicate that 24-hour PM2.5 design values are at 38 ug/m3
in the South Coast, above the level of the 2006 PM2.5
NAAQS (35 ug/m3). EPA also calculated ``maximum allowed'' 2015 98th
percentile concentrations that would enable the area to attain the
2006 24-hour PM2.5 NAAQS by the end of 2015 and found
that even conservative estimates of the 98th percentile
concentration in 2015 at two monitoring sites--Rubidoux and Mira
Loma-Van Buren--were greater than the ``maximum allowed''
concentration. See 80 FR 63640, 63653 (October 20, 2015) and
Memorandum dated August 21, 2015, Michael Flagg, US EPA Region 9,
Air Quality Analysis Office.
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    In the proposed rule, we explained that under section 188(c)(2) of
the Act, the attainment date for a Serious area ``shall be as
expeditiously as practicable but no later than the end of the tenth
calendar year beginning after the area's designation as nonattainment.
. . .'' The South Coast was designated nonattainment for the 2006
PM2.5 NAAQS effective December 14, 2009.\4\ Therefore, as a
result of our reclassification of the South Coast area as a Serious
nonattainment area, the attainment date under section 188(c)(2) of the
Act for the 2006 PM2.5 NAAQS in this area is as
expeditiously as practicable but no later than December 31, 2019.
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    \4\ 74 FR 58688 (November 13, 2009).
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    Our proposed rule also identified the Serious area attainment plan
elements that California would, upon reclassification, have to submit
to satisfy the statutory requirements that apply to Serious areas,
including the requirements of subpart 4 of part D, title I of the
Act.\5\ The EPA explained that under section 189(b)(2) of the Act, the
State must submit the required provisions to implement best available
control measures (BACM), including best available control technology
(BACT), no later than 18 months after reclassification and must submit
the required attainment demonstration no later than 4 years after
reclassification. We noted, however, that section 189(b)(2) establishes
outer bounds on the SIP submission deadlines and does not preclude the
EPA's establishment of earlier deadlines as necessary or appropriate to
assure consistency among the required submissions and to implement the
statutory requirements in a timely manner to ensure expeditious
attainment of the NAAQS.\6\ Because an up-to-date emissions inventory
serves as the foundation for a state's BACM and BACT determinations,
the EPA

proposed to require the State to submit the emissions inventory
required under CAA section 172(c)(3) within 18 months after the
effective date of final reclassification. Similarly, because an
effective evaluation of BACM and BACT requires evaluation of the
precursor pollutants that must be controlled to provide for expeditious
attainment, the EPA proposed to require the State to submit any
optional precursor insignificance demonstrations by this same date. The
EPA proposed to require the State to submit the attainment
demonstration required under section 189(b)(1)(A) and all other
attainment-related plan elements for the South Coast area no later than
three years after the effective date of final reclassification or by
December 31, 2018, whichever is earlier.
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    \5\ See proposed rule at 80 FR 63640 (October 20, 2015).
    \6\ Id. at 63658.
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    With respect to the nonattainment new source review (NNSR) program
revisions to establish appropriate ``major stationary source''
thresholds for direct PM2.5 and PM2.5 precursors
in accordance with CAA section 189(b)(3), the EPA proposed to require
the State to submit these NNSR SIP revisions for the South Coast area
no later than 18 months after the effective date of final
reclassification.

II. Summary of Final Action

    Today we are finalizing only our proposal to reclassify the South
Coast area as a Serious nonattainment area for the 2006
PM2.5 NAAQS. We are not taking final action at this time on
our proposal to approve elements of California's Moderate area plan for
the 2006 PM2.5 NAAQS in the South Coast and will complete
that action at a later time.
    As a consequence of our reclassification of the South Coast area as
Serious nonattainment for the 2006 PM2.5 NAAQS, California
is required to submit additional SIP revisions to satisfy the statutory
requirements that apply to Serious areas, including the requirements of
subpart 4 of part D, title I of the Act. For the reasons provided in
Section III of this preamble, the EPA is requiring the State to adopt
and submit all required components of the Serious Area plan for the
South Coast area, including nonattainment new source review (NNSR) SIP
revisions to address the statutory requirements for Serious areas under
subpart 4, no later than 18 months after the effective date of this
reclassification.
    The attainment date under section 188(c)(2) of the Act for the 2006
PM2.5 standards in this area is as expeditiously as
practicable but no later than December 31, 2019.

III. Public Comments and EPA Responses

    Because we are finalizing only our proposal to reclassify the South
Coast area as Serious nonattainment for the 2006 PM2.5
NAAQS, we are responding only to comments pertaining to the
reclassification and its consequences. The EPA received several comment
letters on our proposed actions, only one of which contains comments
relevant to the reclassification. The comment letter was submitted by
Earthjustice on behalf of the Center for Biological Diversity,
Coalition for Clean Air, Communities for a Better Environment, East
Yard Communities for Environmental Justice, and Sierra Club
(``Earthjustice'') on November 19, 2015, prior to the close of the
comment period on our proposal.\7\
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    \7\ See letter with attachments dated November 19, 2015 to Ms.
Wienke Tax, US Environmental Protection Agency Region 9, from
Adriano L. Martinez, Earthjustice, Los Angeles Office.
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    We summarize and respond to the relevant comments below. In a
separate rulemaking, we will take final action on California's
submitted Moderate area plan for the 2006 PM2.5 NAAQS in the
South Coast and will respond to comments pertaining to our proposed
action on the submitted plan at that time.
    Comment 1: Earthjustice argues that section 188(b)(1) establishes
specific outside deadlines for the EPA's reclassification of
appropriate areas as Serious nonattainment and ``does not provide
general authority to reclassify areas anytime EPA chooses before the
attainment deadline.'' Citing CAA section 188(b)(1)(B), Earthjustice
asserts that the EPA's discretionary authority to reclassify a Moderate
area as a Serious area before the attainment deadline is available only
within 18 months after the required date for the submission of a
Moderate area SIP, which in turn is due within 18 months after the
area's designation as nonattainment. Because the South Coast area was
designated nonattainment for the 2006 p.m.2.5 NAAQS on December 14,
2009, according to Earthjustice, the Moderate area SIP for the area was
due June 14, 2011, and the ``deadline for approving a voluntary
reclassification request'' was therefore December 14, 2012. Thus,
Earthjustice argues, ``EPA no longer has authority under the statute to
use section 188(b)(1) to voluntarily reclassify the South Coast basin
and provide four years for submission of a serious area plan.''
    In support of these arguments, Earthjustice quotes from EPA's 1992
General Preamble,\8\ which states that ``[f]or areas designated
nonattainment after enactment of the 1990 [Clean Air Act Amendments],
EPA must reclassify appropriate areas as serious within 18 months of
the required submittal date for the moderate area SIP'' and that, read
together with the statutory requirement to submit such SIPs within 18
months after nonattainment designations, the Act requires EPA to
reclassify these areas as serious within three years of the
nonattainment designation.
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    \8\ ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992) (the ``General Preamble'').
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    Response 1: We disagree with the commenter's argument that the
EPA's discretionary authority in section 188(b)(1) is limited to the
timeframes set forth in sections 188(b)(1)(A) and (B).
    The EPA is reclassifying the South Coast area as Serious
nonattainment pursuant to the general authority in CAA section
188(b)(1),\9\ not pursuant to section 188(b)(1)(B). As explained in the
1992 General Preamble, ``[u]nder the plain meaning of the terms of
section 188(b)(1), EPA has general discretion to reclassify at any time
before the applicable attainment date any area EPA determines cannot
practicably attain the standards by such date'' (emphases added).\10\
With respect to the dates specified in subsections (A) and (B) of
section 188(b)(1), the EPA specifically explained in the General
Preamble that ``[t]hese subparagraphs do not restrict the general
authority [in section 188(b)(1)] but simply specify that, at a minimum,
it must be exercised at certain times.''\11\ This interpretation of
section 188(b)(1) as allowing the EPA to reclassify moderate areas as
serious ``at any time EPA determines that an area cannot practicably
attain the standards by the applicable attainment date'' facilitates
the statutory objective of attaining the PM-10 standards--e.g., by
ensuring that additional control measures such as BACM are implemented
sooner and by expediting the application of more stringent new source
review requirements.\12\ The EPA reiterated this interpretation of
section 188(b)(1) in the 1994 p.m.-10

Addendum \13\ and in several discretionary reclassification actions
subsequent to the 1990 CAA Amendments.\14\
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    \9\ Unlike the ``voluntary reclassification'' provision in CAA
section 181(b)(3), which requires EPA to grant the request of any
state to reclassify an ozone nonattainment area in that state to a
higher classification, the ``discretionary reclassification''
provision in CAA section 188(b)(1) grants EPA general authority to
reclassify areas in accordance with the statutory criteria therein,
independent of state requests.
    \10\ General Preamble, 57 FR 13498, 13537 at n. 15 (April 16,
1992).
    \11\ Id.
    \12\ General Preamble, 57 FR 13498, 13537.
    \13\ ``State Implementation Plans for Serious PM-10
Nonattainment Areas, and Attainment Date Waivers for PM-10
Nonattainment Areas Generally; Addendum to the General Preamble for
the Implementation of Title I of the Clean Air Act Amendments of
1990,'' 59 FR 41998, 41999 (August 16, 1994) (the ``PM-10
Addendum'').
    \14\ See 58 FR 3334, 3336 (Jan. 8, 1993)(discharging EPA's
statutory duty under section 188(b)(1)(A) to ``reclassify
appropriate initial moderate PM-10 nonattainment areas as serious by
December 31, 1991'' but noting EPA's broad discretion under section
188(b)(1) to reclassify additional areas at a later date); see also
80 FR 18528 (April 7, 2015) (final discretionary reclassification of
San Joaquin Valley for 1997 p.m.2.5 NAAQS signed March 27, 2015).
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    Specifically, with respect to areas designated nonattainment by
operation of law upon enactment of the 1990 CAA Amendments (i.e.,
``initial'' PM-10 nonattainment areas), the EPA's longstanding
interpretation of section 188(b)(1)(A) has been that ``the amended Act
specifies certain dates by which EPA must propose to reclassify
appropriate moderate areas as serious . . . and take final action,''
where the EPA determines that the area cannot ``practicably'' attain
the PM-10 NAAQS by December 31, 1994.\15\ The EPA further explained,
however, that ``EPA also has discretionary authority under section
188(b)(1) to reclassify any of these areas as serious at any time, if
EPA determines they cannot practicably attain the PM-10 NAAQS by
December 31, 1994,'' \16\ and provided examples of the circumstances
that may warrant such discretionary reclassification at a later date--
i.e., after the December 31, 1991 date specified in section
188(b)(1)(A).\17\ In the PM-10 Addendum, the EPA stated that
``[s]ection 188(b)(1)(A) provides an accelerated schedule by which EPA
is to reclassify appropriate initial PM-10 nonattainment areas'' but
reiterated the Agency's interpretation of section 188(b)(1) as a
general grant of authority to also reclassify initial PM-10 areas at
later points in time before the attainment date.\18\
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    \15\ General Preamble, 57 FR 13498, 13537. Under section
188(c)(1) of the Act, December 31, 1994 was the latest permissible
Moderate area attainment date for an area designated nonattainment
for PM-10 by operation of law under the 1990 CAA Amendments.
    \16\ General Preamble, 57 FR 13498, 13537.
    \17\ Id. (``The EPA may exercise this discretion where, for
example, EPA originally believed an area could attain the PM-10
NAAQS by December 31, 1994 but later determines that it cannot
attain''); see also 56 FR 58656, 58657 (Nov. 21, 1991)(noting that
``EPA also has discretion to reclassify any of these areas as
serious after December 31, 1991 (e.g., after reviewing the State's
PM-10 SIP), if EPA determines they cannot practicably attain the PM-
10 NAAQS by December 31, 1994'') and 58 FR 3334, 3336 (Jan. 8, 1993)
(noting that EPA may in the future reclassify additional PM-10
nonattainment areas using its discretionary authority in section
188(b)(1)).
    \18\ PM-10 Addendum, 59 FR 41998, 41999 (August 16, 1994) (``In
the future, EPA anticipates that, generally, any decision to
reclassify an initial PM-10 nonattainment area before the attainment
date will be based on specific facts or circumstances demonstrating
that the NAAQS cannot practicably be attained by December 31, 1994 .
. .'').
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    Likewise, the EPA has long interpreted section 188(b)(1)(B) as
establishing a ``timeframe within which EPA is to reclassify
appropriate areas designated nonattainment for PM-10 subsequent to
enactment of the 1990 Amendments'' but not as a limitation on EPA's
general authority to reclassify such areas at any time before the
applicable attainment date.\19\ In the PM-10 Addendum, the EPA
reiterated its view that the directive in section 188(b)(1)(B) ``does
not restrict EPA's general authority, but simply specifies that it is
to be exercised, as appropriate, in accordance with certain dates.''
\20\ The EPA recently finalized a discretionary reclassification action
for a PM2.5 nonattainment shortly before the applicable
attainment date, consistent with this interpretation of CAA section
188(b)(1).\21\
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    \19\ General Preamble, 57 FR at 13537 and PM-10 Addendum, 59 FR
at 41999.
    \20\ PM-10 Addendum, 59 FR 41998, 41999 at n. 4 (August 16,
1994).
    \21\ See 80 FR 18528 (April 7, 2015) (final discretionary
reclassification of San Joaquin Valley for 1997 p.m.2.5 NAAQS signed
March 27, 2015).
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    The commenter quotes selectively from a portion of the General
Preamble addressing areas designated nonattainment after enactment of
the 1990 CAA Amendments but fails to acknowledge both the more
extensive discussion of section 188(b)(1) that precedes the quoted
text, as explained above, and the text in the PM-10 Addendum that
reiterates the Agency's interpretation of section 188(b)(1)(B)
specifically. Moreover, both the statutory text in CAA section
188(b)(1)(B) and the interpretive language in the General Preamble that
the commenter quotes explicitly state that the EPA's obligation under
CAA section 188(b)(1)(B) is to reclassify ``appropriate'' areas within
18 months after the required date for the State's submission of a SIP
for the Moderate Area.\22\ Congress granted the EPA broad discretion to
identify the areas that are ``appropriate'' for such reclassification
\23\ and to reclassify additional areas after the timeframes specified
in subsections (A) or (B). Thus, the fact that the EPA did not find the
South Coast area ``appropriate'' for discretionary reclassification
within the timeframe specified in section 188(b)(1)(B) does not
preclude the EPA's discretionary reclassification of the area at a
later date, based on a determination that the area cannot practicably
attain the PM2.5 NAAQS by the applicable attainment date.
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    \22\ See CAA section 188(b)(1)(B) (requiring, for areas
designated nonattainment after enactment of the 1990 CAA Amendments,
that the Administrator ``reclassify appropriate areas'' within 18
months after the required date for the State's submission of a SIP
for the Moderate Area).
    \23\ As EPA explained in its 1993 reclassification of
``appropriate'' initial PM-10 nonattainment areas from Moderate to
Serious under section 188(b)(1)(A), the Act does not specify what
information EPA must consider in exercising the authority delegated
to it by section 188(b)(1) and thus grants EPA broad discretion to
consider any relevant information, including information in SIP
submittals. 58 FR 3334, 3336 at n. 7 (Jan. 8, 1993).
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    Furthermore, under the commenter's interpretation of section
188(b)(1)(B), the EPA would have no authority to reclassify a Moderate
area to Serious at any time between the date 3 years after designation
(18 months after the required date for the State's submission of a
Moderate Area SIP) and the applicable attainment date, which under
section 188(c)(1) may be as late as the end of the sixth calendar year
after the area's designation as nonattainment. Thus, for a period of up
to 3 years, the EPA would be unable to reclassify such an area to
Serious in order to require the State to adopt BACM measures and other
Serious Area plan elements, even if information before the Agency
indicated the area could not attain the NAAQS by the moderate area
attainment date. Such a reading of section 188(b)(1) would frustrate
the Congressional intent to ensure that areas that cannot attain the
NAAQS in a timely manner adopt the best available controls and develop
revised plans to provide for expeditious attainment. EPA's
interpretation of section 188(b)(1) as a general grant of discretionary
reclassification authority is reasonable in light of the overarching
requirement in subpart 4 to ensure attainment of the NAAQS as
expeditiously as practicable.
    In sum, we disagree with the commenter's contention that the EPA's
authority to reclassify a Moderate area as a Serious area under CAA
section 188(b)(1) is available only within 18 months after the due date
for the State's Moderate Area SIP. As the EPA explained in the General
Preamble, in the PM-10 Addendum, and in several actions reclassifying
PM-10 and PM2.5 nonattainment areas as Serious areas under
CAA section 188(b)(1), the EPA has consistently interpreted section
188(b)(1) as a general expression of delegated rulemaking authority
that authorizes the Agency to reclassify any Moderate area as a Serious
area at any

time before the applicable attainment date, based on a determination
that the area cannot practicably attain the relevant NAAQS by that
date.
    Comment 2: Earthjustice argues that even if the EPA had discretion
to reclassify the South Coast area under section 188(b)(1), a December
31, 2018 deadline for the Serious Area plan is ``arbitrary in the
extreme'' and inconsistent with other deadlines that EPA has proposed
to establish. First, Earthjustice asserts that the EPA's proposed
deadline ignores the statutory requirement to demonstrate attainment by
the most expeditious attainment date and allows the District to
``assume the maximum amount of time without any such demonstration.''
Second, Earthjustice claims that the EPA's proposed approach
``undermines the strict schedule established in subpart 4'' and cannot
be reconciled with either December 14, 2016 or December 31, 2017, the
statutory SIP submission deadlines that allegedly apply following
voluntary reclassification or failure to attain, respectively. Third,
Earthjustice argues that there is no basis for claiming that the
District needs 3 years to prepare a serious area plan, in light of the
18-month deadlines in sections 189(a)(2)(B) and 189(b)(2) for moderate
area plans and serious area plans, respectively, and the 18-month
timeframe allowed in section 179(a) for states to cure disapprovals or
failures to submit. Finally, Earthjustice argues that the proposed
deadline is internally inconsistent with other components of the EPA's
proposal, including the requirements for RFP and quantitative
milestones, and undermines the EPA's and the public's ability to ensure
timely compliance with these requirements.
    Response 2: We disagree with the commenter's argument that the
outside deadline for submitting a Serious area attainment plan for the
2006 PM2.5 NAAQS following discretionary reclassification is
December 14, 2016. This argument is premised on the commenter's
assertion that the EPA's discretionary authority to reclassify the area
under CAA section 188(b)(1) was available only within three years after
the area's designation as nonattainment (i.e., until December 14,
2012), and that CAA section 189(b)(2) established a deadline 4 years
after this date (December 14, 2016) for the State to submit its Serious
area attainment plan. The EPA did not reclassify the South Coast area
by December 14, 2012 and was not obligated to do so under CAA section
188(b)(1), as explained above in Response 1. Thus, section 189(b)(2)
does not establish a December 14, 2016 outer deadline for submission of
the Serious area attainment plan.
    Upon further consideration and in light of the specific
circumstances in the South Coast PM2.5 nonattainment area,
however, the EPA is exercising its discretion to establish a deadline
of 18 months from the effective date of this final reclassification
action for the State to submit all required components of the Serious
Area plan for the 2006 PM2.5 NAAQS in the South Coast air
basin. An 18-month deadline for submission of these SIP elements is
appropriate in this instance because it both enables the EPA to
evaluate the required attainment plan well before the outermost
attainment date applicable to the area under CAA section 188(c)(2) and
enables the State to develop its strategy for attaining the 2006
PM2.5 NAAQS in conjunction with its development of a plan to
provide for attainment of the 2012 primary annual PM2.5
NAAQS in this same area, which is due October 15, 2016.\24\ Although
the State's obligations with respect to implementation of a Moderate
area plan for the 2012 PM2.5 NAAQS are separate and distinct
from its obligations with respect to implementation of a Serious area
plan for the 2006 PM2.5 NAAQS, it is reasonable in this
instance to require the State to develop its control strategies for
both PM2.5 NAAQS in the South Coast area in a similar
timeframe, considering the benefits of streamlining these planning
processes to the extent possible.
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    \24\ The EPA designated and classified the South Coast Air Basin
as Moderate nonattainment for the 2012 primary annual
PM2.5 NAAQS effective April 15, 2015. 80 FR 2206, 2215-16
(January 15, 2015). Under CAA section 189(a)(2)(B), California is
required to adopt and submit a plan to provide for attainment of
these NAAQS within 18 months after the nonattainment designation,
i.e., by October 15, 2016.
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    In addition, as the commenter notes, an 18-month deadline for
submission of the Serious area plan is consistent with both the
timeframe for initial Moderate area plan submissions upon designation
of an area as nonattainment and the timeframe for Serious area plan
submissions following an EPA determination of failure to attain and
reclassification by operation of law under CAA section 188(b)(2).\25\
It is reasonable for the EPA to exercise its discretion to establish a
similar SIP submission deadline in this instance, given the proximity
of this action to the Moderate area attainment date (December 31, 2015)
and the likelihood that, should the attainment date pass, the EPA would
have to determine under section 188(b)(2) that the South Coast area
failed to attain the PM2.5 NAAQS by that date. Although CAA
section 189(b)(2) generally provides for up to 4 years after a
discretionary reclassification for the State to submit the required
attainment demonstration, we find it appropriate in this case to
establish an earlier SIP submission deadline to assure timely
implementation of the statutory requirements.\26\ Furthermore, the 18-
month SIP submission deadline that we are finalizing in this action
requires California to submit its Serious Area plan for the South Coast
area before the statutory SIP submission deadline that would apply upon
reclassification by operation of law under section 188(b)(2).\27\
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    \25\ CAA 189(a)(2)(B) and 189(b)(2).
    \26\ Section 189(b)(2) establishes outer bounds on the SIP
submission deadlines and does not preclude the EPA's establishment
of earlier deadlines as necessary or appropriate to assure
consistency among the required submissions and to implement the
statutory requirements, including the requirement that attainment be
as expeditious as practicable.
    \27\ Under CAA section 188(b)(2), the EPA must determine within
6 months after the applicable attainment date whether the area
attained the NAAQS by that date. If the EPA determines that a
Moderate Area is not in attainment after the applicable attainment
date, the area is reclassified by operation of law as a Serious
Area, and the Serious Area attainment plan is due within 18 months
after such reclassification. CAA sections 188(b)(2) and 189(b)(2).
---------------------------------------------------------------------------

IV. Final Action

A. Reclassification as Serious Nonattainment and Applicable Attainment
Date

    In accordance with section 188(b)(1) of the Act, the EPA is taking
final action to reclassify the South Coast area from Moderate to
Serious nonattainment for the 2006 24-hour PM2.5 standards
of 35 [mu]g/m\3\, based on the EPA's determination that the South Coast
area cannot practicably attain these standards by the applicable
attainment date of December 31, 2015.
    Under section 188(c)(2) of the Act, the attainment date for a
Serious area ``shall be as expeditiously as practicable but no later
than the end of the tenth calendar year beginning after the area's
designation as nonattainment. . . .'' The South Coast area was
designated nonattainment for the 2006 PM2.5 standards
effective December 14, 2009.\28\ Therefore, as a result of our
reclassification of the South Coast area as a Serious nonattainment
area, the attainment date under section 188(c)(2) of the Act for the
2006 PM2.5 standards in this area is as expeditiously as
practicable but no later than December 31, 2019.
---------------------------------------------------------------------------

    \28\ See 74 FR 58688 (November 13, 2009).

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

B. Reclassification of Reservation Areas of Indian Country

    Seven Indian tribes are located within the boundaries of the South
Coast PM2.5 nonattainment area: the Cahuilla Band of
Indians, the Morongo Band of Cahuilla Mission Indians, the Pechanga
Band of Luiseno Mission Indians of the Pechanga Reservation, the Ramona
Band of Cahuilla, the San Manuel Band of Serrano Mission Indians of the
San Manuel Reservation, the Santa Rosa Band of Cahuilla Indians, and
the Soboba Band of Luiseno Indians.
    We have considered the relevance of our final action to reclassify
the South Coast nonattainment area as Serious nonattainment for the
2006 PM2.5 standards to each tribe located within the South
Coast area. As discussed in more detail in our proposed rule, we
believe that the same facts and circumstances that support the
reclassification for the non-Indian country lands also support
reclassification for reservation areas of Indian country \29\ and any
other areas of Indian country where the EPA or a tribe has demonstrated
that the tribe has jurisdiction located within the South Coast
nonattainment area.\30\ In this final action, the EPA is therefore
exercising our authority under CAA section 188(b)(1) to reclassify
reservation areas of Indian country and any other areas of Indian
country where the EPA or a tribe has demonstrated that the tribe has
jurisdiction geographically located in the South Coast nonattainment
area. Section 188(b)(1) broadly authorizes the EPA to reclassify a
nonattainment area---including any such area of Indian country located
within such area---that the EPA determines cannot practicably attain
the relevant standard by the applicable attainment date.
---------------------------------------------------------------------------

    \29\ ``Indian country'' as defined at 18 U.S.C. 1151 refers to:
``(a) all land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and, including rights-of-way running through
the reservation, (b) all dependent Indian communities within the
borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or
without the limits of a state, and (c) all Indian allotments, the
Indian titles to which have not been extinguished, including rights-
of-way running through the same.''
    \30\ See 80 FR 63640, at 63659, 63660 (October 20, 2015).
---------------------------------------------------------------------------

    In light of the considerations outlined above and in our proposed
rulemaking that support retention of a uniformly-classified
PM2.5 nonattainment area, and our finding that it is
impracticable for the area to attain by the applicable attainment date,
we are finalizing our reclassification of the reservation areas of
Indian country and any other areas of Indian country where the EPA or a
tribe has demonstrated that the tribe has jurisdiction within the South
Coast nonattainment area to Serious for the 2006 PM2.5
NAAQS.
    The effect of reclassification would be to lower the applicable
``major stationary source'' emissions thresholds for direct
PM2.5 and PM2.5 precursors for purposes of the
NNSR program and the Title V operating permit program (CAA sections
189(b)(3) and 501(2)(B)), thus subjecting more new or modified
stationary sources to these requirements. The reclassification may also
lower the de minimis threshold under the CAA's General Conformity
requirements (40 CFR part 93, subpart B) from 100 tpy to 70 tpy. Under
the General Conformity requirements (40 CFR part 93, subpart B),
federal agencies bear the responsibility of determining conformity of
actions in nonattainment and maintenance areas that require federal
permits, approvals, or funding. Such permits, approvals or funding by
federal agencies for projects in these areas of Indian country may be
more difficult to obtain because of the lower de minimis thresholds.
    Given the potential implications of the reclassification, the EPA
contacted tribal officials to invite government-to-government
consultation on this rulemaking effort.\31\ The EPA did not receive
requests for consultation or comments on our proposed rule from any
tribe. We continue to invite Indian tribes in the South Coast to
contact the EPA with any questions about the effects of this
reclassification on tribal interests and air quality. We note that
although eligible tribes may opt to seek EPA approval of relevant
tribal programs under the CAA, none of the affected tribes will be
required to submit an implementation plan to address this
reclassification.
---------------------------------------------------------------------------

    \31\ As discussed in more detail in our proposed rule, the EPA
sent letters to tribal officials inviting government-to-government
consultation. The letters can be found in the docket.
---------------------------------------------------------------------------

C. PM2.5 Serious Area SIP Requirements

    As a consequence of our reclassification of the South Coast area as
a Serious nonattainment area for the 2006 PM2.5 NAAQS,
California is required to submit additional SIP revisions to satisfy
the statutory requirements that apply to Serious areas, including the
requirements of subpart 4 of part D, title I of the Act.
    The Serious area SIP elements that California must submit within 18
months of reclassification are as follows:
    1. Provisions to assure that BACM, including BACT for stationary
sources, for the control of direct PM2.5 and
PM2.5 precursors shall be implemented no later than 4 years
after the area is reclassified (CAA section 189(b)(1)(B));
    2. A demonstration (including air quality modeling) that the plan
provides for attainment as expeditiously as practicable but no later
than December 31, 2019, or where the State is seeking an extension of
the attainment date under section 188(e), a demonstration that
attainment by December 31, 2019 is impracticable and that the plan
provides for attainment by the most expeditious alternative date
practicable (CAA sections 188(c)(2) and 189(b)(1)(A));
    3. Plan provisions that require reasonable further progress (RFP)
(CAA section 172(c)(2));
    4. Quantitative milestones which are to be achieved every 3 years
until the area is redesignated attainment and which demonstrate RFP
toward attainment by the applicable date (CAA section 189(c));
    5. Provisions to assure that control requirements applicable to
major stationary sources of PM2.5 also apply to major
stationary sources of PM2.5 precursors, except where the
State demonstrates to the EPA's satisfaction that such sources do not
contribute significantly to PM2.5 levels that exceed the
standard in the area (CAA section 189(e));
    6. A comprehensive, accurate, current inventory of actual emissions
from all sources of direct PM2.5 and all PM2.5
precursors in the area (CAA section 172(c)(3));
    7. Contingency measures to be implemented if the area fails to meet
RFP or to attain by the applicable attainment date (CAA section
172(c)(9)); and
    8. A revision to the NNSR program to establish appropriate ``major
stationary source'' \32\ thresholds for direct PM2.5 and
PM2.5 precursors (CAA section 189(b)(3)).
---------------------------------------------------------------------------

    \32\ For any Serious area, the terms ``major source'' and
``major stationary source'' include any stationary source that emits
or has the potential to emit at least 70 tons per year of
PM10 (CAA section 189(b)(3)).
---------------------------------------------------------------------------

    Section 189(b)(2) states, in relevant part, that the State must
submit the required BACM provisions ``no later than 18 months after
reclassification of the area as a Serious Area'' and must submit the
required attainment demonstration ``no later than 4 years after
reclassification of the area to Serious.'' As stated above in section
I, the EPA proposed to require the State to submit certain elements of
the Serious area plan within 18 months of reclassification and other
elements within 3 years of reclassification. For

the reasons provided in Section III of this preamble (Public Comments
and EPA Responses), the EPA is requiring the State to adopt and submit
all required components of the Serious Area plan for the South Coast
area, including NNSR SIP revisions to address the statutory
requirements for Serious areas under subpart 4, no later than 18 months
after the effective date of this reclassification.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and
Budget (OMB) because it relates to a designation of an area for air
quality purposes and will reclassify the South Coast from its current
air quality designation of Moderate nonattainment to Serious
nonattainment for the 2006 PM2.5 NAAQS.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This action does not contain any information collection
activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The final
rule requires the state to adopt and submit SIP revisions to satisfy
the statutory requirements that apply to Serious areas, and would not
itself directly regulate any small entities (see section III.C of this
final rule).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million
or more and does not significantly or uniquely affect small
governments, as described in UMRA (2 U.S.C. 1531-1538). This action
itself imposes no enforceable duty on any state, local, or tribal
governments, or the private sector. The final action reclassifies the
South Coast nonattainment area as Serious nonattainment for the 2006
PM2.5 NAAQS, which triggers existing statutory duties for
the state to submit SIP revisions. Such a reclassification in and of
itself does not impose any federal intergovernmental mandate. The final
action does not require any tribes to submit implementation plans.

E. Executive Order 13132: Federalism

    This action does not have federalism implications.

F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments

    This action may have tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. Seven Indian tribes are
located within the boundaries of the South Coast nonattainment area for
the 2006 PM2.5 NAAQS: the Cahuilla Band of Indians, the
Morongo Band of Cahuilla Mission Indians, the Pechanga Band of Luiseno
Mission Indians of the Pechanga Reservation, the Ramona Band of
Cahuilla, the San Manuel Band of Serrano Mission Indians of the San
Manuel Reservation, the Santa Rosa Band of Cahuilla Indians, and the
Soboba Band of Luiseno Indians. We note that only one of the tribes
located in the South Coast nonattainment area (the Pechanga Band of
Luiseno Mission Indians of the Pechanga Reservation) has requested
eligibility to administer programs under the Clean Air Act. This final
action affects the EPA's implementation of the new source review
program because of the lower ``major stationary source'' threshold
triggered by reclassification (CAA 189(b)(3)). The final action may
also affect new or modified stationary sources proposed in these areas
that require federal permits, approvals, or funding. Such projects are
subject to the requirements of the EPA's General Conformity rule, and
federal permits, approvals, or funding for the projects may be more
difficult to obtain because of the lower de minimis thresholds
triggered by reclassification.
    Given these potential implications, consistent with the EPA Policy
on Consultation and Coordination with Indian Tribes, the EPA contacted
tribal officials early in the process of developing this regulation to
permit them to have meaningful and timely input into its development.
The EPA invited tribal officials to consult during the development of
the proposed rule and following signature of the proposed rule. As
discussed in more detail in our proposed action, we sent letters to
leaders of the tribes with areas of Indian country in the South Coast
nonattainment area inviting government-to-government consultation on
the rulemaking effort. No Indian tribe has expressed an interest in
discussing this action with the EPA. We continue to invite Indian
tribes in the South Coast to contact the EPA with any questions about
the effects of this reclassification on tribal interests and air
quality.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern
environmental health or safety risks that the EPA has reason to believe
may disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. This
action is not subject to Executive Order 13045 because it reclassifies
the South Coast nonattainment area as Serious nonattainment for the
2006 PM2.5 NAAQS, which triggers additional Serious area
planning requirements under the CAA. This action does not establish an
environmental standard intended to mitigate health or safety risks.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This final action is not subject to Executive Order 13211, because
it is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This action is not subject to the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because it does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations. This action reclassifies the South Coast
nonattainment area as Serious nonattainment for the 2006
PM2.5 NAAQS, which triggers additional Serious area planning
requirements under the CAA.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. The EPA will submit a
report containing this 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. 804(2). This rule will be effective on February
12, 2016.

L. Petitions for Judicial Review

    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 March 14, 2016. 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

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, Incorporation by
reference.

    Dated: December 22, 2015.
Jared Blumenfeld,
Regional Administrator, Region 9.
    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.

0
2. Section 52.245 is amended by adding paragraph (d) to read as
follows:

Sec.  52.245  New Source Review rules.

* * * * *
    (d) By August 14, 2017, the New Source Review rules for
PM2.5 for the South Coast Air Quality Management District
must be revised and submitted as a SIP revision. The rules must satisfy
the requirements of sections 189(b)(3) and 189(e) and all other
applicable requirements of the Clean Air Act for implementation of the
2006 PM2.5 NAAQS.

0
3. Section 52.247 is amended by adding paragraph (e) to read as
follows:

Sec.  52.247  Control Strategy and regulations: Fine Particle Matter.

* * * * *
    (e) By August 14, 2017, California must adopt and submit a Serious
Area plan to provide for attainment of the 2006 PM2.5 NAAQS
in the South Coast PM2.5 nonattainment area. The Serious
Area plan must include emissions inventories, an attainment
demonstration, best available control measures, a reasonable further
progress plan, quantitative milestones, contingency measures, and such
other measures as may be necessary or appropriate to provide for
attainment of the 2006 PM2.5 NAAQS by the applicable
attainment date, in accordance with the requirements of subparts 1 and
4 of part D, title I of the Clean Air Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

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

0
5. Section 81.305 is amended in the table titled ``California--2006 24-
Hour PM2.5 NAAQS [Primary and secondary],'' by revising the
entries under ``Los Angeles-South Coast Air Basin, CA.''

Sec.  81.305  California.

* * * * *

Sec.  81.305  California.

* * * * *

                                      California--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                             Designation \a\                          Classification
        Designated area         --------------------------------------------------------------------------------
                                      Date \1\              Type              Date \2\               Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Los Angeles-South Coast Air
 Basin, CA:
    Los Angeles County (part)..  ..................  Nonattainment.....  02/12/16..........  Serious.

    That portion of Los Angeles  ..................  Nonattainment.....  02/12/16..........  Serious.
     County which lies south
     and west of a line
     described as follows:
     Beginning at the Los
     Angeles-San Bernardino
     County boundary and
     running west along the
     Township line common to
     Township 3 North and
     Township 2 North, San
     Bernardino Base and
     Meridian; then North along
     the range line common to
     Range 8 West and Range 9
     West; then west along the
     Township line common to
     Township 4 North and
     Township 3 North; then
     north along the range line
     common to Range 12 West
     and Range 13 West to the
     southeast corner of
     Section 12, Township 5
     North and Range 13 West;
     then west along the south
     boundaries of Sections 12,
     11, 10, 9, 8, and 7,
     Township 5 North and Range
     13 West to the boundary of
     the Angeles National
     Forest which is collinear
     with the range line common
     to Range 13 West and Range
     14 West; then north and
     west along the Angeles
     National Forest boundary
     to the point of
     intersection with the
     Township line common to
     Township 7 North and
     Township 6 North (point is
     at the northwest corner of
     Section 4 in Township 6
     North and Range 14 West);
     then west along the
     Township line common to
     Township 7 North and
     Township 6 North; then
     north along the range line
     common to Range 15 West
     and Range 16 West to the
     southeast corner of
     Section 13, Township 7
     North and Range 16 West;
     then along the south
     boundaries of Sections 13,
     14, 15, 16, 17 and 18,
     Township 7 North and Range
     16 West; then north along
     the range line common to
     Range 16 West and Range 17
     West to the north boundary
     of the Angeles National
     Forest (collinear with the
     Township line common to
     Township 8 North and
     Township 7 North); then
     west and north along the
     Angeles National Forest
     boundary to the point of
     intersection with the
     south boundary of the
     Rancho La Liebre Land
     Grant; then west and north
     along this land grant
     boundary to the Los
     Angeles-Kern County
     boundary.
Orange County..................  ..................  Nonattainment.....  02/12/16..........  Serious.
Riverside County (part)........  ..................  Nonattainment.....  02/12/16..........  Serious.

    That portion of Riverside    ..................  Nonattainment.....  02/12/16..........  Serious.
     County which lies to the
     west of a line described
     as follows: Beginning at
     the Riverside-San Diego
     County boundary and
     running north along the
     range line common to Range
     4 East and Range 3 East,
     San Bernardino Base and
     Meridian; then east along
     the Township line common
     to Township 8 South and
     Township 7 South; then
     north along the range line
     common to Range 5 East and
     Range 4 East; then west
     along the Township line
     common to Township 6 South
     and Township 7 South to
     the southwest corner of
     Section 34, Township 6
     South, Range 4 East; then
     north along the west
     boundaries of Sections 34,
     27, 22, 15, 10, and 3,
     Township 6 South, Range 4
     East; then west along the
     Township line common to
     Township 5 South and
     Township 6 South; then
     north along the range line
     common to Range 4 East and
     Range 3 East; then west
     along the south boundaries
     of Sections 13, 14, 15,
     16, 17, and 18, Township 5
     South, Range 3 East; then
     north along the range line
     common to Range 2 East and
     Range 3 East; to the
     Riverside-San Bernardino
     County Line (excluding the
     lands of the Santa Rosa
     Band of Cahuilla Mission
     Indians).
    That part of the lands of    ..................  Nonattainment.....  02/12/16..........  Serious.
     the Santa Rosa Band of
     Cahuilla Mission Indians
     which is excluded from the
     Riverside County (part)
     nonattainment area.
San Bernardino County (part)...  ..................  Nonattainment.....  02/12/16..........  Serious.
    That portion of San          ..................  Nonattainment.....  02/12/16..........  Serious.
     Bernardino County which
     lies south and west of a
     line described as follows:
     Beginning at the San
     Bernardino-Riverside
     County boundary and
     running north along the
     range line common to Range
     3 East and Range 2 East,
     San Bernardino Base and
     Meridian; then west along
     the Township line common
     to Township 3 North and
     Township 2 North to the
     San Bernardino-Los Angeles
     County boundary.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2015-33304 Filed 1-12-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73502-73503]
[FR Doc No: 2011-30531]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0851; Airspace Docket No. 11-ASW-10]

Amendment of Class E Airspace; Ardmore, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace for Ardmore, OK.
Decommissioning of the Arbuckle non-directional beacon (NDB) and
cancellation of the NDB Standard Instrument Approach Procedure (SIAP)
at Ardmore Municipal Airport, Ardmore, OK, as well as the addition of
new area navigation (RNAV) SIAPs, has made this action necessary to
enhance the safety and management of Instrument Flight Rule (IFR)
operations at the airport. This action also updates the geographic
coordinates of the airport.

DATES: Effective date: 0901 UTC, February 9, 2012. 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 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On August 26, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Ardmore,
OK, reconfiguring controlled airspace at Ardmore Municipal Airport (76
FR 53355) Docket No. FAA-2011-0851. 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 6005 of FAA Order 7400.9V dated
August 9, 2011, and effective September 15, 2011, 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.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending Class E airspace designated as an extension to a
Class D surface area, and Class E airspace extending upward from 700
feet above the surface for the Ardmore, OK area. Decommissioning of the
Arbuckle NDB and cancellation of the NDB approach at Ardmore Municipal
Airport, as well as the creation of new RNAV standard instrument
approach procedures, has made reconfiguration of the airspace necessary
for the safety and management of IFR operations at the airport. Also,
this action updates the geographic coordinates of the airport to
coincide with the FAA's aeronautical database.
    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.
Therefore, this regulation: (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 amends controlled airspace at Ardmore Municipal Airport, Ardmore,
OK.

List 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

    1. The authority citation for 14 CFR 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 the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

Paragraph 6004 Class E Airspace areas designated as an extension to
a Class D surface area.

* * * * *

ASW OK E4 Ardmore, OK [Amended]

Ardmore Municipal Airport, OK
    (Lat. 34[deg]18'15'' N., long. 97[deg]01'14'' W.)
Ardmore VORTAC

    (Lat. 34[deg]12'42'' N., long. 97[deg]10'06'' W.)

    That airspace extending upward from the surface within 1.3 miles
each side of the Ardmore VORTAC 056[deg] radial extending from the
4.2-mile radius of Ardmore Municipal Airport to 8.5 miles southwest
of the airport, and within 1 mile each side of the 315[deg] bearing
from Ardmore Municipal Airport extending from the 4.2-mile radius of
the airport to 5.3 miles northwest of the 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 Airport/
Facility Directory.

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

* * * * *

ASW OK E5 Ardmore, OK [Amended]

Ardmore Municipal Airport, OK
    (Lat. 34[deg]18'15'' N., long. 97[deg]01'14'' W.)
Ardmore VORTAC
    (Lat. 34[deg]12'42'' N., long. 97[deg]10'06'' W.)
Ardmore Downtown Executive Airport, OK
    (Lat. 34[deg]08'49'' N., long. 97[deg]07'22'' W.)

    That airspace extending upward from the 700 feet above the
surface within a 6.8-mile radius of Ardmore Municipal Airport, and
within 1.1 miles each side of the 315[deg] bearing from the airport
extending from the 6.8-mile radius to 6.9 miles northwest of the
airport, and within a 6.5 mile radius of Ardmore Downtown Executive
Airport, and within 8 miles west and 4 miles east of the 329[deg]
radial of the Ardmore VORTAC extending from the 6.5-mile radius to
16 miles northwest of the VORTAC.

    Issued in Fort Worth, Texas, on November 9, 2011.
Gail L. Kasson,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-30531 Filed 11-28-11; 8:45 am]
BILLING CODE 4910-13-P