61660 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Proposed Rules 

materials being dropped into lavatory paper 

or linen waste receptacles. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of Requirements of AD 74–08– 

09 R2, Amendment 39–9680, With Revised 

Compliance Times in Paragraph (j) 

Placard Installation 

(g) Within 60 days after August 6, 1974 (the 

effective date of AD 74–08–09, amendment 

39–1917), or before the accumulation of any 

time in service on a new production aircraft 

after delivery, whichever occurs later— 

except that new production aircraft may be 

flown in accordance with sections 21.197 

and 21.199 of the Federal Aviation 

Regulations (14 CFR 21.197 and 21.199) to a 

base where compliance may be 

accomplished: Accomplish the requirements 

of paragraphs (g)(1) and (g)(2) of this AD. 

(1) Install a placard on each side of each 

lavatory door over the door knob, or on each 

side of each lavatory door, or adjacent to each 

side of each lavatory door. The placards must 

contain the legible words ‘‘No Smoking in 

Lavatory’’ or ‘‘No Smoking,’’ or contain ‘‘No 

Smoking’’ symbology in lieu of words, or 

contain both wording and symbology, to 

indicate that smoking is prohibited in the 

lavatory. The placards must be of sufficient 

size and contrast and be located so as to be 

conspicuous to lavatory users. And 

(2) Install a placard on or near each 

lavatory paper or linen waste disposal 

receptacle door, containing the legible words 

or symbology indicating ‘‘No Cigarette 

Disposal.’’ 

Announcement Procedures 

(h) Within 30 days after August 6, 1974, 

establish a procedure that requires that, no 

later than a time immediately after the ‘‘No 

Smoking’’ sign is extinguished following 

takeoff, an announcement be made by a 

crewmember to inform all aircraft occupants 

that smoking is prohibited in the aircraft 

lavatories; except that, if the aircraft is not 

equipped with a ‘‘No Smoking’’ sign, the 

required procedure must provide that the 

announcement be made prior to each takeoff. 

Ashtray Installation 

(i) Except as provided by paragraph (j) of 

this AD: Within 180 days after August 6, 

1974, or before the accumulation of any time 

in service on a new production aircraft, 

whichever occurs later—except that new 

production aircraft may be flown in 

accordance with sections 21.197 and 21.199 

of the Federal Aviation Regulations (14 CFR 

21.197 and 21.199) to a base where 

compliance may be accomplished: Install a 

self-contained, removable ashtray on or near 

the entry side of each lavatory door. One 

ashtray may serve more than one lavatory 

door if the ashtray can be seen readily from 

the cabin side of each lavatory door served. 

(j) An airplane with multiple lavatory 

doors may be operated with up to 50 percent 

of the lavatory door ashtrays missing or 

inoperative, provided 50 percent of the 

missing or inoperative ashtrays are replaced 

within 3 days and all remaining missing or 

inoperative ashtrays are replaced within 10 

days. An airplane with only 1 lavatory door 

may be operated for a period of 10 days with 

the lavatory door ashtray missing or 

inoperative. 

Note 1: This AD permits a lavatory door 

ashtray to be missing, although the FAAapproved Master Minimum Equipment List 

(MMEL) may not allow such provision. In 

any case, the provisions of this AD prevail. 

(k) Within 30 days after August 6, 1974, 

and thereafter at intervals not to exceed 1,000 

hours’ time-in-service from the last 

inspections, accomplish the following: 

(1) Inspect all lavatory paper and linen 

waste receptacle enclosure access doors and 

disposal doors for proper operation, fit, 

sealing, and latching for the containment of 

possible trash fires. 

(2) Correct all defects found during the 

inspections required by paragraph (k)(1) of 

this AD. 

(l) Upon the request of an operator, the 

FAA Principal Maintenance Inspector (PMI) 

may adjust the 1,000-hour repetitive 

inspection interval specified in paragraph (k) 

of this AD to permit compliance at an 

established inspection period of the operator 

if the request contains data to justify the 

requested change in the inspection interval. 

Alternative Methods of Compliance 

(AMOCs) 

(m)(1) The Manager, Airframe/Cabin Safety 

Branch, Transport Airplane Directorate, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. Send information to Attn: 

Alan Sinclair, Aerospace Engineer, Airframe/ 

Cabin Safety Branch, ANM–115, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–2195; fax 425– 

227–1232. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your PMI or principal avionics 

inspector (PAI), as appropriate, or lacking a 

principal inspector, your local Flight 

Standards District Office. The AMOC 

approval letter must specifically reference 

this AD. 

Issued in Renton, Washington, on 

September 30, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25124 Filed 10–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

Docket No. FAA–2010–0784; Airspace 

Docket No. 10–AWP–5 

Proposed Modification of Class D and 

E Airspace, and Revocation of Class E 

Airspace; Flagstaff, AZ 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class D and E airspace at 

Flagstaff, AZ, to accommodate aircraft 

departing and arriving under Instrument 

Flight Rules (IFR) at Flagstaff Pulliam 

Airport. This action also would remove 

Class E airspace designated as an 

extension to a Class D or E surface area 

at Flagstaff Pulliam Airport. This action, 

initiated by the biennial review of the 

Flagstaff airspace area, would enhance 

the safety and management of aircraft 

operations at the airport. 

DATES: Comments must be received on 

or before November 22, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2010–0784; Airspace 

Docket No. 10–AWP–5, at the beginning 

of your comments. You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Richard Roberts, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4517. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Proposed Rules 61661 

2010–0784 and Airspace Docket No. 10– 

AWP–5) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2010–0784 and 

Airspace Docket No. 10–AWP–5’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. 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/airports_airtraffic/ 

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 a.m. and 5 

p.m., Monday through Friday, except 

federal holidays. An informal docket 

may also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by modifying Class D 

airspace and Class E airspace extending 

upward from 700 feet above the surface 

to meet current standards for IFR 

departures and arrivals at Flagstaff 

Pulliam Airport, Flagstaff, AZ. This 

modification eliminates the need for 

Class E airspace designated as an 

extension to a Class D or E surface area, 

and, therefore, would be removed. This 

action was initiated by a biennial review 

of the airspace and is necessary for the 

safety and management of aircraft 

departing and arriving under IFR 

operations at the airport. 

Class D and E airspace designations 

are published in paragraph 5000, 6004 

and 6005, respectively, of FAA Order 

7400.9U, dated August 18, 2010, and 

effective September 15, 2010, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class D and E airspace 

designation listed in this document will 

be published subsequently in this 

Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed 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 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. 

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 establishes 

additional controlled airspace at 

Flagstaff Pulliam Airport, Flagstaff, 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 FAA 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 Flagstaff, AZ [Modified] 

Flagstaff Pulliam Airport, AZ 

(Lat. 35°08′25′′ N., long. 111°40′09′′ W.) 

That airspace extending upward from the 

surface to and including 9,500 feet MSL 

within a 5-mile radius of Flagstaff Pulliam 

Airport beginning at lat. 35°13′28′′ N., long. 

111°37′59′′ W., clockwise to lat. 35°07′20′′ N., 

long. 111°46′14′′ W., thence to the point of 

beginning; and that airspace 1.5 miles each 

side of the Flagstaff Pulliam Airport 127° 

bearing extending to 7 miles southeast of the 

Flagstaff Pulliam Airport. This Class D 

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 6004 Class E airspace areas 

designated as an extension to Class D or 

Class E surface area. 

* * * * * 

AWP AZ E4 Flagstaff, AZ [Removed] 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet above the 

surface. 

* * * * * 

AWP AZ E5 Flagstaff, AZ [Modified] 

Flagstaff Pulliam Airport, AZ 

(Lat. 35°08′25′′ N., long. 111°40′09′′ W.) 

That airspace extending upward from 700 

feet above the surface beginning southwest of 

the Flagstaff Pulliam Airport at lat. 35°07′58′′ 

N., long. 111°50′44′′ W., clockwise along an 

8.5 mile arc to lat. 35°16′04′′ N., long. 

111°36′7′′ W., thence to lat. 35°08′25′′ N., 

long. 111°14′50′′ W., thence to lat. 35°08′25′′ 

N., long. 111°14′50′′ W., to lat. 34°54′20′′ N., 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

61662 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Proposed Rules 

long. 111°26′11′′ W., to lat. 34°58′47′′ N., 

long. 111°37′17′′ W., to lat. 34°43′58′′ N., 

long. 111°50′21′′ W., to lat. 34°45′01′′ N., 

long. 112°01′17′′ W., to lat. 34°54′24′′ N., 

long. 112°05′16′′ W., to lat. 35°08′10′′ N., 

long. 111°51′59′′ W., thence to the point of 

beginning. That airspace extending upward 

from 1,200 feet above the surface bounded by 

a line beginning at lat. 35°05′04′′ N., long. 

112°27′43′′ W., to lat. 35°11′22′′ N., long. 

110°52′43′′ W., thence clockwise along the 39 

mile arc to the point of beginning, excluding 

the Sedona, AZ, Class E airspace area. 

Issued in Seattle, Washington, on 

September 30, 2010. 

Lori Andriesen, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2010–25200 Filed 10–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R09–OAR–2010–0680; FRL–9209–7] 

State of California; Request for 

Approval of Section 112(l) Authority for 

Hazardous Air Pollutants; 

Perchloroethylene Air Emission 

Standards From Dry Cleaning Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

California’s Airborne Toxic Control 

Measure for Emissions of 

Perchloroethylene from Dry Cleaning 

and Water-Repelling Operations, 

Requirements for Perc Manufacturers, 

and Requirements for Perc Distributors 

to be implemented and enforced in 

place of the National Perchloroethylene 

Air Emission Standards for Dry 

Cleaning Facilities. EPA is proposing 

this action under section 112(l) of the 

Clean Air Act (CAA). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Comments on California’s 

request for approval must be received 

on or before November 5, 2010. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0680, concurrently to EPA 

and the California Air Resources Board. 

Comments submitted to the California 

Air Resources Board should be mailed 

to the address below: 

Dan Donohoue, Chief, Emissions 

Assessment Branch, Stationary Source 

Division, California Air Resources 

Board, 1001 ‘‘I’’ Street, P.O. Box 2815, 

Sacramento, CA 95812. 

Comments sent to EPA should be 

submitted 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 e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

http://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: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. California’s Submittal 

A. Amended Dry Cleaning ATCM 

B. Major Dry Cleaning Sources 

C. California District Rules 

D. California’s Authorities and Resources 

to Implement and Enforce CAA Section 

112 Standards 

III. EPA’s Evaluation 

IV. Public Comment and Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

Under CAA section 112(l), EPA is 

authorized to delegate to State agencies 

the authority to implement and enforce 

the National Emission Standards for 

Hazardous Air Pollutants (NESHAPs). 

The Federal regulations governing 

EPA’s approval of State rules or 

programs under section 112(l) are 

located at 40 CFR part 63, subpart E. 

Under these regulations, a State has the 

option to request EPA’s approval to 

substitute a State rule for the 

comparable NESHAP. Under this ‘‘rule 

substitution’’ option, EPA is required to 

make a detailed and thorough 

evaluation of the State’s submittal to 

ensure that it meets the stringency and 

other requirements of 40 CFR 63.93. 

Upon approval the State is given the 

authority to implement and enforce its 

rule in lieu of the NESHAP. 

On September 22, 1993, EPA 

promulgated the NESHAP for 

perchloroethylene (perc) dry cleaning 

facilities, which has been codified in 40 

CFR part 63, subpart M, National 

Perchloroethylene Air Emission 

Standards for Dry Cleaning Facilities 

(dry cleaning NESHAP) (see 58 FR 

49354). On May 21, 1996, EPA approved 

a request submitted by the California 

Air Resources Board (CARB) for 

approval to implement and enforce 

California’s Airborne Toxic Control 

Measure for Emissions of 

Perchloroethylene from Dry Cleaning 

Operations (original dry cleaning 

ATCM) in lieu of the dry cleaning 

NESHAP (see 61 FR 25397). 

On July 27, 2006, EPA amended the 

dry cleaning NESHAP (see 71 FR 

42743). In 2007, CARB revised 

California’s original dry cleaning 

ATCM. 

II. California’s Submittal 

A. Amended Dry Cleaning ATCM 

California’s Airborne Toxic Control 

Measure for Emissions of 

Perchloroethylene from Dry Cleaning 

and Water Repelling Operations, 

Requirements for Perc Manufacturers, 

and Requirements for Perc Distributors, 

sections 93109, 93109.1, and 93109.2, 

Title 17 of the California Code of 

Regulations (amended dry cleaning 

ATCM), became State law on December 

27, 2007. On July 15, 2009, CARB 

submitted a request to implement and 

enforce the amended dry cleaning 

ATCM in lieu of the dry cleaning 

NESHAP and the previously approved 

original dry cleaning ATCM. This 

request was submitted pursuant to the 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS