Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Proposed Rules 65113 

10 10 CFR 590.407. 

11See, e.g., Eagle LNG Partners Jacksonville II 

LLC, DOE/FE Order No. 4078, at 43 (Terms and 

Conditions Para. H); see also id. at 46–47 (Ordering 

Paras. I(i), (ii), K, Q) (imposing 30-day reporting 

periods). 

12See id. at 48 (Ordering Para. L). 

13 ‘‘Executed’’ means that all parties to a longterm commercial agreement have signed the 

agreement, regardless of whether conditions 

precedent have been met, and that such an 

agreement is binding upon all parties to the 

transaction. 

14 ‘‘Long-term’’ means any Executed Agreement 

with a term of two years or longer. 

15 ‘‘Purchase and sale agreements’’ include longterm commercial agreements covering ‘‘free on 

board’’ sales subsequent to a terminal service 

agreement. 

16 ‘‘Any other natural gas export contractual 

agreements’’ may include, but are not limited to, 

heads of agreement, memoranda of understanding, 

letters of intent, and similar types of agreements if 

and when they become fully binding and effective 

in lieu of a definitive agreement. 

17An ‘‘export’’ occurs when the LNG is delivered 

to the flange of the LNG export vessel. See Freeport 

LNG Expansion, L.P., et al., DOE/FE Order No. 

3282, FE Docket No. 10–161–LNG, Order 

Conditionally Granting Long-Term, Multi-Contract 

Authorization to Export Liquefied Natural Gas by 

Vessel from the Freeport LNG Terminal on 

Quintana Island, Texas, to Non-Free Trade 

Agreement Nations, at 10 n.28 (May 17, 2003) 

(citation omitted). 

applicable contracts.’’ 10 DOE 

regulations do not specify when 

submission of such written notification 

must be made to constitute ‘‘as soon as 

practicable.’’ However, in DOE/FE’s 

long-term export orders, DOE/FE 

expressly ‘‘finds that the submission of 

all such [long-term commercial export] 

agreements or contracts within 30 days 

of their execution . . . will be 

consistent with the ‘to the extent 

practicable’ requirement of section 

590.202(b).’’ 11 Likewise, DOE/FE 

imposes a 30-day time period for an 

authorization holder to notify DOE/FE 

of a change in the company name, the 

term of any long-term contracts, and 

other relevant modifications.12

III. Proposed Regulatory 

Interpretations 

DOE proposes the following 

clarifications to provide specificity, and 

thereby to reduce potential confusion 

and regulatory burdens, concerning 

DOE/FE’s practice under the 

aforementioned regulations. As set forth 

above, these proposed clarifications are 

consistent with DOE/FE’s practice 

under its long-term export 

authorizations, and thus are intended to 

provide additional guidance for 

authorization holders in complying with 

existing and/or future orders. 

A. Proposed Interpretation of 10 CFR 

590.202(c) 

DOE proposes to clarify the types of 

‘‘contracts and purchase agreements’’ 

associated with the export of natural gas 

that are ‘‘relevant’’ for purposes of 10 

CFR 590.202(c). DOE proposes to 

interpret the term ‘‘relevant contracts 

and purchase agreements’’ to include 

the following types of executed,13 longterm 14 binding commercial agreements 

associated with the export of natural gas 

(collectively, Executed Agreements): 

i. Natural gas supply agreements; 

ii. Terminal service agreements; 

iii. Purchase and sale agreements; 15

iv. Liquefaction tolling agreements, 

liquefaction and regasification tolling 

capacity agreements, and similar types of 

agreements; and 

v. Any other natural gas export contractual 

agreements that are associated with the first 

sale or transfer of natural gas at the point of 

export and specify the volume of natural gas 

under contract.16

Under DOE’s proposed interpretation, 

Executed Agreements may be associated 

with the sale, transfer, and/or export of 

natural gas, including LNG, prior to 

export.17 For example, for export 

facilities that operate on a tolling model, 

if an off-taker that holds initial title to 

the LNG within the storage tank of an 

export facility (Party A) enters into an 

agreement to sell the LNG to another 

party (Party B) prior to the LNG being 

loaded onto a ship, both Party A’s and 

Party B’s contracts would be considered 

‘‘relevant’’ for purposes of 10 CFR 

590.202(c). 

B. Proposed Interpretation of 10 CFR 

590.407 

DOE proposes to interpret the phrase 

‘‘as soon as practicable’’ in 10 CFR 

590.407 with respect to the continuing 

obligation of authorization holders and 

Registrants to provide written 

notification to DOE/FE of any 

prospective or actual changes to the 

information submitted during the 

application process. Specifically, DOE/ 

FE will consider a written notification 

of any Executed Agreement(s) filed 

within 30 days of its execution to have 

been submitted ‘‘as soon as practicable’’ 

under this regulation. DOE/FE believes 

a 30-day timeframe, absent good cause 

for delay, will provide a reasonably 

sufficient time for authorization holders 

to prepare and file the written 

notifications with DOE/FE. 

C. Anticipated Administrative Benefits 

In this proposed interpretive rule, 

DOE/FE is not proposing any new 

requirements for applicants or 

authorization holders under 10 CFR part 

590. Rather, DOE’s intent is to reduce 

administrative uncertainty and 

minimize regulatory burdens associated 

with the application of 10 CFR 

590.202(c) and 10 CFR 509.407. 

IV. Public Comment Procedures 

Interested persons are invited to 

participate in this proceeding by 

submitting data, views, or arguments. 

Written comments should be submitted 

to the address, and in the form, 

indicated in the ADDRESSES section of 

this proposed rule. To help DOE review 

the comments, interested persons are 

asked to refer to specific proposed 

provisions, if possible. 

If you submit information that you 

believe to be exempt by law from public 

disclosure, you should submit one 

complete copy, as well as one copy from 

which the information claimed to be 

exempt by law from public disclosure 

has been deleted. DOE is responsible for 

the final determination with regard to 

disclosure or nondisclosure of the 

information and for treating it 

accordingly under the DOE Freedom of 

Information regulations at 10 CFR 

1004.11. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this proposed interpretive 

rule. 

Signed in Washington, DC, on December 

13, 2018. 

Steven E. Winberg, 

Assistant Secretary, Office of Fossil Energy. 

[FR Doc. 2018–27450 Filed 12–18–18; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2018–0787; Airspace 

Docket No. 18–ASW–12] 

RIN 2120–AA66 

Proposed Establishment of Class E 

Airspace; Coushatta, LA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace extending 

upward from 700 feet above the surface 

at The Red River Airport, Coushatta, LA. 

Controlled airspace is necessary to 

accommodate new standard instrument 

approach procedures developed at The 

Red River Airport, for the safety and 

management of instrument flight rules 

(IFR) operations. 


amozie on DSK3GDR082PROD with PROPOSALS1
65114 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Proposed Rules 

DATES: Comments must be received on 

or before February 4, 2019. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590, telephone (202) 

366–9826, or (800) 647–5527. You must 

identify FAA Docket No. FAA–2018– 

0787; Airspace Docket No. 18–ASW–12, 

at the beginning of your comments. You 

may also submit comments through 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 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except federal holidays. 

FAA Order 7400.11C, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at http://www.faa.gov/air_traffic/ 

publications/. For further information, 

you can contact the Airspace Policy 

Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.11C at NARA, call (202) 

741–6030, or go to https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Shelby, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5857. 

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 would 

establish Class E airspace extending 

upward from 700 feet above the surface 

at The Red River Airport, Coushatta, LA, 

in support of standard instrument 

approach procedures for IFR operations 

at the airport. 

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–2018–0787; Airspace 

Docket No. 18–ASW–12.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

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/air-traffic/publications/ 

airspace-amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the Federal 

Aviation Administration, Air Traffic 

Organization, Central Service Center, 

Operations Support Group, 10101 

Hillwood Parkway, Fort Worth, TX 

76177. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order 7400.11C, Airspace 

Designations and Reporting Points, 

dated August 13, 2018, and effective 

September 15, 2018. FAA Order 

7400.11C is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order 7400.11C lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA is proposing an amendment 

to Title 14, Code of Federal Regulations 

(14 CFR) part 71 by establishing Class E 

airspace extending upward from 700 

feet above the surface at The Red River 

Airport, Coushatta, LA. This action 

would enhance safety and the 

management of IFR operations at the 

airport. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.11C, dated August 13, 2018, 

and effective September 15, 2018, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Regulatory Notices and Analyses 

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, is noncontroversial and unlikely to result in 

adverse or negative comments. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 


amozie on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Proposed Rules 65115 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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; 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(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11C, 

Airspace Designations and Reporting 

Points, dated August 13, 2018, and 

effective September 15, 2018, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASW LA E5 Coushatta, LA [New] 

The Red River Airport, LA 

(Lat. 31°59′25′′ N, long. 093°18′40′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of The Red River Airport. 

Issued in Fort Worth, Texas, on December 

12, 2018. 

John Witucki, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2018–27370 Filed 12–18–18; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R07–OAR–2018–0828; FRL–9988–09– 

Region 7] 

Approval of Operating Permits 

Program; Kansas; Reporting Emission 

Data, Emission Fees and Process 

Information 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Operating Permits 

Program for the State of Kansas 

submitted on January 22, 2018. The 

revised Kansas rules reorganize, clarify, 

and update the Class I emission fee, 

application fee, and emissions inventory 

regulations and ensure that Kansas’s 

Operating Permits Program is 

adequately funded. Approval of these 

revisions ensures consistency between 

the State and federally-approved rules 

and does not impact air quality. 

DATES: Comments must be received on 

or before January 18, 2019. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2018–0828 to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received will be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Written Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Bredehoft, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7164, or by email at 

Bredehoft.Deborah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Written Comments 

II. Background 

III. What is being addressed in this 

document? 

IV. Have the requirements for approval of a 

Part 70 revision been met? 

V. What action is EPA taking? 

VI. Statutory and Executive Order Reviews 

I. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R07–OAR–2018– 

0828, at https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Background 

EPA granted full approval of the 

Kansas Operating Permit Program 

effective February 29, 1996. See 61 FR 

2938. Under title 40 Code of Federal 

Regulations (CFR) 70.9(a) and (b), an 

approved state’s title V operating 

permits program must require that the 

owners or operators of part 70 sources 

pay annual fees, or the equivalent over 

some other period, that are sufficient to 

cover the permit program costs and 

ensure that any fee required under 40 

CFR 70.9 is used solely for permit 

program costs. The fee schedule must 

result in the collection and retention of 

revenues sufficient to cover the permit 

program implementation and oversight 

costs. 

Kansas Statutes Annotated (KSA) 65– 

3024 establishes the Air Quality Fee 

Fund and authorizes the Secretary of the 

Kansas Department of Health and 

Environment (KDHE) to fix, charge and 

collect annual emissions fees in 

amounts necessary to administer the 

Kansas Air Quality Act. The Secretary 

also has the authority to periodically 

increase or decrease such fees, as 

needed. 

Kansas has determined that it has 

experienced shortfalls in its title V 

annual emission fee revenues in recent 

years, due to emission reductions at 

major facilities. It has determined that 

fee adjustments are needed to offset the 

effect of declining revenues and to 

maintain the Kansas Air Quality 

program overall. The proposed increases 

in fees will aid in offsetting the effect of 

declining revenue and in maintaining 

the title V fee schedule and the Kansas 

Air Quality program overall. Projections 

of program needs for fiscal year 2019 

and beyond indicate that resources 

adequate for effective implementation of 

the program will not be available 

without the proposed amendments. The 

amendments are needed to update the 

Class I Operating Permit fee schedule to 

bring in sufficient revenue to adequately 

administer the Kansas Air Quality Act, 

specifically to adequately administer the 

Class I Operating Permit program. Thus, 

Kansas has submitted this program 

revision for review and action by the 

EPA. 


amozie on DSK3GDR082PROD with PROPOSALS1