29180 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Proposed Rules 

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 for 

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 the 

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 creates 

additional controlled airspace at Fort 

Huachuca, Sierra Vista Municipal 

Airport-Libby Army Airfield, Fort 

Huachuca, AZ. 

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(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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010 is 

amended as follows: 

Paragraph 5000 Class D airspace. 

* * * * * 

AWP AZ D Fort Huachuca, AZ [Modified] 

Fort Huachuca, Sierra Vista Municipal 

Airport-Libby Army Airfield, AZ 

(Lat. 31°35′19′′ N., long. 110°20′40′′ W.) 

That airspace extending upward from the 

surface to and including 7,200 feet MSL 

within a 4.7-mile radius of the airport. This 

Class D airspace 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 6004 Class E airspace areas 

designated as an extension to Class D or 

Class E surface area. 

* * * * * 

AWP AZ E4 Fort Huachuca, AZ [Modified] 

Fort Huachuca, Sierra Vista Municipal 

Airport-Libby Army Airfield, AZ 

(Lat. 31°35′19′′ N., long. 110°20′40′′ W.) 

That airspace extending upward from the 

surface within 1.6 miles each side of the 

Airport 088° bearing, extending from the 4.7- 

mile radius of the airport to 7 miles east of 

the airport, and that airspace extending 

upward from the surface within 1 mile each 

side of the Airport 270° bearing, extending 

from the 4.7-mile radius of the airport to 5.5 

miles west 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. 

* * * * * 

AWP AZ E5 Fort Huachuca, AZ [Modified] 

Fort Huachuca, Sierra Vista Municipal 

Airport-Libby Army Airfield, AZ 

(Lat. 31°35′19′′ N., long. 110°20′40′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.3-mile 

radius of the airport, and within 3.5 miles 

each side of the Airport 270° bearing 

extending 9 miles west of the airport, and 

that airspace 4 miles south and 8 miles north 

along the Airport 088° bearing extending 15.5 

miles east of the airport, excluding that area 

within Restricted Area R–2312. That airspace 

extending upward from 1,200 feet above the 

surface within 25-mile radius of Fort 

Huachuca-Sierra Vista Municipal AirportLibby Army Airfield, excluding that area 

within Mexican airspace. 

Issued in Seattle, Washington, on May 12, 

2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–12361 Filed 5–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0287; FRL–9309–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Control of Nitrogen 

Oxides Emissions From Portland 

Cement Kilns 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania. This 

revision pertains to the control of 

nitrogen oxide (NOX) emissions from 

Portland cement kilns. This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before June 20, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0287 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0287, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0287. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Proposed Rules 29181 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On July 23, 2010, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted a revision to its 

State Implementation Plan for the 

control of NOX from Portland cement 

kilns. 

I. Background 

The SIP revision consists of a 

regulation to control NOX emissions 

from Portland cement kilns. Portland 

cement manufacturing is an energy 

intensive process in which cement is 

made by grinding and heating a mixture 

of raw materials such as limestone, clay, 

sand, and iron ore in a rotary kiln. NOX

emissions are generated during fuel 

combustion by oxidation of chemicallybound nitrogen in the fuel and by 

thermal fixation of nitrogen in the 

combustion air. This SIP revision is 

based on the Ozone Transport 

Commission (OTC) control measure to 

reduce NOX emissions from cement 

kilns. The OTC members include 

Pennsylvania, Connecticut, Delaware, 

Maine, Maryland, Massachusetts, New 

Hampshire, New Jersey, New York, 

Rhode Island, Vermont, Virginia, and 

the District of Columbia. The OTC was 

created under section 184 of the CAA to 

establish regulatory programs to reduce 

ozone precursor emissions, which 

includes the reduction of NOX

emissions from cement kilns. 

II. Summary of SIP Revision 

The SIP revision amends the NOX

emission standards in the Title 25 of the 

Pennsylvania Code (25 Pa. Code) 

Chapter 145, Subchapter C (Emissions 

of NOX from Cement Manufacturing), 

for Portland cement kilns during the 

ozone season, from May 1 through 

September 30, 2011, and for each year 

thereafter. The SIP revision added new 

definitions and terms, and revised the 

following: standard requirements which 

include emission requirements; 

compliance determination by operating 

and maintaining continuous emissions 

monitoring systems (CEMS) for NOX

emissions; compliance demonstration 

on a kiln-by-kiln basis, a facility-wide 

emissions averaging basis or a systemwide averaging basis; and reporting and 

recordkeeping requirements by 

reporting CEMS emissions data and 

maintaining an operating log for each 

Portland cement kiln on a monthly basis 

that is maintained onsite for 5 years. A 

detailed summary of EPA’s review of 

and rationale for proposing to approve 

this SIP revision may be found in the 

Technical Support Document (TSD) for 

this action which is available on line at 

http://www.regulations.gov, Docket 

number EPA–R03–OAR–2011–0287. 

III. Proposed Action 

EPA is proposing to approve the 

Pennsylvania SIP revision for the 

control of NOX emissions from Portland 

cement kilns submitted on July 23, 

2010. This regulation will reduce 

emissions of NOX from cement kilns to 

reduce levels of ozone. The reduction of 

NOX emissions will also help protect 

the public health from high levels of 

fine particulate matter (PM2.5), of which 

NOX is a precursor component. The 

reduction of NOX emissions also 

reduces visibility impairment and acid 

deposition. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule, 

pertaining to Pennsylvania’s control of 

NOx emissions from Portland cement 

kilns, does not have Tribal implications 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), 

because the SIP is not approved to apply 

in Indian country located in the state, 

and EPA notes that it will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements. 

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


emcdonald on DSK2BSOYB1PROD with PROPOSALS
29182 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Proposed Rules 

Dated: May 9, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–12509 Filed 5–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0030; FRL–9308–4] 

Revisions to the California State 

Implementation Plan, Mojave Desert 

Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Mojave Desert Air 

Quality Management District 

(MDAQMD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern negative declarations 

for volatile organic compound (VOC) 

source categories for the MDAQMD. We 

are proposing to approve these negative 

declarations under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by June 20, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0030, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. 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://www.regulations.gov, 

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 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov 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 Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following 

negative declarations listed in Table 1: 

TABLE 1—SUBMITTED NEGATIVE DECLARATIONS

Local agency Title Adopted Submitted 

MDAQMD ......... Pneumatic Rubber Tire Manufacturing ..................................................................................... 01/22/07 07/11/07 

MDAQMD ......... Large Petroleum Dry Cleaners ................................................................................................. 01/22/07 07/11/07 

MDAQMD ......... Surface Coating of Cans .......................................................................................................... 01/22/07 07/11/07 

MDAQMD ......... Surface Coating of Coils ........................................................................................................... 01/22/07 07/11/07 

MDAQMD ......... Surface Coating Fabrics ........................................................................................................... 01/22/07 07/11/07 

MDAQMD ......... Surface Coating Operations at Automotive and Light Duty Truck Assembly Plants ............... 01/22/07 07/11/07 

MDAQMD ......... Surface of Coating of Large Appliances .................................................................................. 01/22/07 07/11/07 

MDAQMD ......... Surface of Coating of Magnet Wire .......................................................................................... 01/22/07 07/11/07 

MDAQMD ......... Vacuum Producing Devices or Systems .................................................................................. 01/22/07 07/11/07 

MDAQMD ......... Leaks From Petroleum Refinery Equipment ............................................................................ 01/22/07 07/11/07 

MDAQMD ......... Process Unit Turnarounds ........................................................................................................ 01/22/07 07/11/07 

MDAQMD ......... Equipment Leaks From Natural Gas/Gasoline Processing Plants .......................................... 01/22/07 07/11/07 

MDAQMD ......... Synthesized Pharmaceutical Products ..................................................................................... 01/22/07 07/11/07 

MDAQMD ......... Air Oxidation Process—SOCMI ................................................................................................ 01/22/07 07/11/07 

MDAQMD ......... Polymer Manufacturing SOCMI and Polymer Manufacturing Equipment Leaks ..................... 01/22/07 07/11/07 

MDAQMD ......... Reactor Processes and Distillation Operations in SOCMI ....................................................... 01/22/07 07/11/07 

MDAQMD ......... Synthetic Organic Chemical Polymer and Resin Manufacturing ............................................. 01/22/07 07/11/07 

MDAQMD ......... Petroleum Refinery Equipment ................................................................................................. 08/23/10 10/22/10 

MDAQMD ......... Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins ............. 08/23/10 10/22/10 

MDAQMD ......... Fugitive Emissions from Synthetic Organic Chemical Polymer and Resin Manufacturing 

Equipment.

08/23/10 10/22/10 

In the Rules and Regulations section 

of this Federal Register, we are 

approving these negative declarations in 

a direct final action without prior 

proposal because we believe these 

negative declarations are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS