32062 Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations 

and R–5601F eastern boundaries, 

extending upward from 40,000 feet MSL 

to 60,000 feet MSL. Again, the altitudes 

are defined relative to MSL to highlight 

that the restricted area is to be used for 

other than aircraft operations. 

The time of designation for R–5602A 

and R–5602B is ‘‘By NOTAM 0830– 

1630, Monday–Friday; other times by 

NOTAM.’’ The expected usage for R– 

5602A is approximately 8 hours per day 

most weekdays, consistent with ingarrison training requirements. The 

expected usage for R–5602B is 

approximately 25 days per year. 

During times when the restricted 

areas are not needed by the using 

agency, the airspace will be returned to 

the FAA controlling agency, Fort Worth 

Air Route Traffic Control Center 

(ARTCC), and will be available for 

access by other airspace users. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation (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 only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action establishing two restricted areas, 

R–5602A and R–5602B, which partially 

overlay portions of the R–5601 

restricted area complex at Fort Sill, OK, 

qualifies for FAA adoption in 

accordance with FAA Order 1050.1F, 

paragraphs 8–2 and 9–2, Adoption of 

Other Agencies’ National 

Environmental Policy Act Documents, 

and Written Re-evaluations, and 

7400.2L, paragraph 32–2–3. The 

purpose of creating and utilizing the 

restricted areas is to safely segregate 

private and commercial aircraft from 

above-the-horizon hazardous laser 

activities while supporting the U.S. 

Army emerging high trajectory kinetic 

and directed energy laser weapons 

training mission. The FAA, after 

conducting an independent review and 

evaluation of the United States Army’s 

April 2018 Final Supplemental 

Environmental Assessment for the 

Permanent Creation and Utilization of 

Restricted Areas R–5602A and R–5602B 

at Fort Sill, Oklahoma, has determined 

that the Army’s Final Supplemental EA 

and its supporting documentation 

adequately assesses and discloses the 

environmental impacts of the proposed 

action. Based on the evaluation for 

potential environmental impact in the 

above-mentioned Supplemental EA, the 

FAA, as the Cooperating Agency, 

concluded that adoption of the EA for 

the Permanent Creation and Utilization 

of Restricted Area R–5602A/B is 

authorized in accordance with 40 CFR 

1506.3, Adoption. Accordingly, FAA 

adopts the Army’s Supplemental EA 

and is issuing a Finding of No 

Significant Impact and Record of 

Decision (FONSI/ROD) for the project as 

a Cooperating Agency. The FONSI/ROD 

documents the FAA’s determination 

that the project, as proposed, would not 

result in significant impacts to the 

human environment and that an 

Environmental Impact Statement (EIS) 

is therefore not necessary. A copy of the 

Supplemental EA and FONSI/ROD is 

available upon request by contacting 

Gregory L. Hines, Operations Support 

Group, Central Service Center, Federal 

Aviation Administration, 10101 

Hillwood Parkway, Fort Worth, Texas 

76177, telephone: (817) 222–5866. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

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. 

§ 73.56 [Amended] 

■ 2. Section 73.56 is amended as 

follows: 

* * * * * 

R–5602A Fort Sill, OK [New] 

Boundaries. Beginning at lat. 34°46′45′′ N, 

long. 98°17′01′′ W; to lat. 34°38′15′′ N, long. 

98°17′01′′ W; to lat. 34°38′15′′ N, long. 

98°37′57′′ W; to lat. 34°40′54′′ N, long. 

98°37′56′′ W; to lat. 34°42′07′′ N, long. 

98°37′20′′ W; to lat. 34°43′21′′ N, long. 

98°36′02′′ W; to lat. 34°43′30′′ N, long. 

98°35′40′′ W; to lat. 34°45′03′′ N, long. 

98°29′46′′ W; to lat. 34°46′15′′ N, long. 

98°25′01′′ W; to lat. 34°47′00′′ N, long. 

98°17′46′′ W; to the point of beginning. 

Designated altitudes. 40,000 feet MSL to 

60,000 feet MSL. 

Time of designation. By NOTAM 0830– 

1630, Monday–Friday; other times by 

NOTAM. 

Controlling agency. FAA, Fort Worth 

ARTCC. 

Using agency. U.S. Army, Commanding 

General, U.S. Army Fires Center of 

Excellence (USAFCOE) and Fort Sill, Fort 

Sill, OK. 

R–5602B Fort Sill, OK [New] 

Boundaries. Beginning at lat. 34°49′30′′ N, 

long. 98°08′43′′ W; to lat. 34°36′36′′ N, long. 

98°08′43′′ W; to lat. 34°38′15′′ N, long. 

98°17′01′′ W; to lat. 34°46′06′′ N, long. 

98°17′01′′ W; to the point of beginning. 

Designated altitudes. 40,000 feet MSL to 

60,000 feet MSL. 

Time of designation. By NOTAM 0830– 

1630, Monday–Friday; other times by 

NOTAM. 

Controlling agency. FAA, Fort Worth 

ARTCC. 

Using agency. U.S. Army, Commanding 

General, U.S. Army Fires Center of 

Excellence (USAFCOE) and Fort Sill, Fort 

Sill, OK. 

Issued in Washington, DC, on July 2, 2018. 

Rodger A. Dean Jr., 

Manager, Airspace Policy Group. 

[FR Doc. 2018–14783 Filed 7–10–18; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0511; FRL–9980– 

36—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Revised Motor Vehicle 

Emission Budgets for the Charleston, 

Huntington, Parkersburg, Weirton, and 

Wheeling 8-Hour Ozone Maintenance 

Areas; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the language of a final rule 

pertaining to Environmental Protection 

Agency (EPA)’s approval of the revised 

motor vehicle emissions budgets for the 

Charleston, Huntington, Parkersburg, 

Weirton, and Wheeling 8-hour ozone 

maintenance areas. The previous 

rulemaking amended the maintenance 

plans’ 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) submitted 

by the State of West Virginia. 

DATES: This final correcting amendment 

is effective on July 11, 2018. 


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Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations 32063 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2046 or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

September 15, 2011 (76 FR 56795), EPA 

published a direct final rulemaking 

action announcing the approval of 

revised mobile emissions budgets for 

the Charleston, Huntington, 

Parkersburg, Weirton, and Wheeling 8- 

hour ozone maintenance areas. In the 

Federal Register document at 76 FR 

56795, EPA inadvertently approved 

incorrect emissions budgets for the 

Charleston and Wheeling maintenance 

areas. The correct budgets EPA meant to 

include were the budgets in West 

Virginia’s 2011 submission, available in 

the docket for this rulemaking action 

and at www.regulations.gov. 

On December 22, 2011 (76 FR 79539), 

EPA published a correction notice; 

however, the incorrect emissions 

budgets for the Charleston and 

Wheeling maintenance areas were still 

inadvertently included again in 40 CFR 

52.2532. The intent of this rulemaking 

notice is to correct those emissions 

budgets in 40 CFR 52.2532. This action 

corrects the erroneous language. EPA 

does not expect adverse comments on 

this document as we are simply 

correcting a technical error in the 

MVEBs table previously approved on 

December 22, 2011 in 76 FR 79539. The 

Charleston maintenance area (Kanawha 

and Putnam Counties) MVEBs for 2018 

volatile organic compounds (VOCs) 

were previously 13.5 tons per day (tpd) 

and are being corrected to 13.7 tpd. The 

Wheeling maintenance area (Marshall 

and Ohio Counties) MVEBs for 2018 

VOCs were previously 7.7 tpd and are 

being corrected to 9.1 tpd. 

In the rulemaking published in the 

Federal Register on December 22, 2011 

in 76 FR 79539 on page 79541 

paragraphs 52.2532(a) and (e) are 

corrected. Section 553 of the 

Administrative Procedure Act, 5 U.S.C. 

553(b)(3)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this rule final without prior 

proposal and opportunity for comment 

because we are merely correcting an 

incorrect citation in a previous action. 

Thus, notice and public procedure are 

unnecessary. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(3)(B). 

Statutory and Executive Order Reviews 

Under Executive Order (E.O.) 12866 

(58 FR 51735, October 4, 1993), this 

action is not a significant regulatory 

action and is therefore not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)). Because the agency has made 

a good cause finding that this action is 

not subject to notice-and-comment 

requirements under the Administrative 

Procedures Act or any other statute as 

indicated in the Supplementary 

Information section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C 601 et seq), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This rule also does not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), nor 

will it have substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of governments, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

This technical correction action does 

not involve technical standards; thus 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings issued under the 

executive order. This rule does not 

impose an information collection 

burden under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq). 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA had 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of July 11, 

2018. 

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. This correction to 40 CFR 

52.2532 for West Virginia is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: June 21, 2018. 

Cosmo Servidio, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart XX—West Virginia 

■ 2. In § 52.2532, paragraphs (a) and (e) 

are revised to read as follows: 


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32064 Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations 

1 62 FR 38652. 

2 71 FR 61144. 

3All 1997 and 2006 PM2.5 NAAQS areas were 

designated under subpart 1 of the Act. Subpart 1 

contains the general requirements for 

nonattainment areas for any pollutant governed by 

a NAAQS and is less prescriptive than the other 

subparts of title I, part D. See 74 FR 58688 

(November 13, 2009). 

4The boundaries for this area are described in 40 

CFR 81.305. 

5See CAA sections 172(a)(2), 172(c)(1), 172(c)(2), 

and 172(c)(9). 

6 In response to a decision issued by the D.C. 

Circuit (Natural Resources Defense Council v. EPA, 

706 F.3d 428 (D.C. Cir. 2013), the EPA subsequently 

identified all PM2.5 nonattainment areas for the 

1997 and 2006 NAAQS as ‘‘moderate’’ 

nonattainment areas under subpart 4 and 

established a new SIP submission date of December 

31, 2014, for moderate area attainment plans and for 

any additional attainment-related or nonattainment 

new source review plans necessary for areas to 

comply with the requirements applicable under 

subpart 4. We also noted that the moderate area 

§ 52.2532 Motor vehicle emissions 

budgets. 

(a) EPA approves the following 

revised 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) for the 

Charleston, West Virginia 8-hour ozone 

maintenance area submitted by the 

Secretary of the Department of 

Environmental Protection on March 14, 

2011: 

Applicable geographic area Year Tons per day 

(tpd) VOC 

Tons per day 

(tpd) NOX

Charleston Area (Kanawha and Putnam Counties) .................................................................... 2009 16.7 38.9

Charleston Area (Kanawha and Putnam Counties) .................................................................... 2018 13.7 17.1

* * * * * 

(e) EPA approves the following 

revised 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) for the 

Wheeling, West Virginia 8-hour ozone 

maintenance area submitted by the 

Secretary of the Department of 

Environmental Protection on March 14, 

2011: 

Applicable geographic area Year Tons per day 

(tpd) VOC 

Tons per day 

(tpd) NOX

Wheeling Area (Marshall and Ohio Counties) ............................................................................. 2009 10.4 9.1 

Wheeling Area (Marshall and Ohio Counties) ............................................................................. 2018 9.1 3.1 

* * * * * 

[FR Doc. 2018–14743 Filed 7–10–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2018–0181; FRL–9980– 

49—Region 9] 

Approval and Promulgation of Air 

Quality State Implementation Plans; 

California; Chico Redesignation 

Request and Maintenance Plan for the 

2006 24-Hour PM2.5 Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve, as a revision of the California 

state implementation plan (SIP), the 

State’s request to redesignate the Chico 

nonattainment area to attainment for the 

2006 24-hour fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS or ‘‘standard’’). The 

EPA is also taking final action to 

approve the PM2.5 maintenance plan 

and the determination that 

contributions from motor vehicle 

emissions in the Chico nonattainment 

area are insignificant. The EPA is 

approving this revision because it meets 

the requirements of the Clean Air Act 

(CAA or ‘‘the Act’’) and EPA guidance 

for such plans. 

DATES: This rule is effective on August 

10, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2018–0181. All 

documents in the docket are listed on 

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

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Ginger Vagenas, Air Planning Office 

(AIR–2), Environmental Protection 

Agency, Region IX, (415) 972–3964, 

vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. Today’s Final Actions 

III. What are the effects of today’s actions? 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, the EPA established 

the first air quality standards for PM2.5.1

The EPA promulgated an annual 

standard at a level of 15.0 micrograms 

per cubic meter (mg/m3) based on a 3- 

year average of annual mean PM2.5

concentrations. In the same rulemaking, 

the EPA promulgated a 24-hour 

standard of 65 mg/m3 based on a 3-year 

average of the 98th percentile of 24-hour 

concentrations. On October 17, 2006, 

the EPA retained the annual average 

NAAQS at 15.0 mg/m3 but revised the 

24-hour PM2.5 NAAQS to 35 mg/m3, 

based on the 3-year average of the 98th 

percentile of 24-hour concentrations.2

Effective December 14, 2009, the EPA 

established initial air quality 

designations under subpart 1 of the Act 

for most areas in the United States for 

the 2006 24-hour PM2.5 NAAQS, 

including the Chico area.3 4 Under 

subpart 1, within three years of the 

effective date of designations, states 

with areas designated as nonattainment 

for the 2006 24-hour PM2.5 NAAQS are 

required to submit SIP revisions that, 

among other elements, provide for 

implementation of reasonably available 

control measures (RACM), reasonable 

further progress (RFP), attainment of the 

standard as expeditiously as practicable 

but no later than five years from the 

nonattainment designation (in this 

instance, no later than December 14, 

2014), as well as contingency 

measures.5 6 Prior to the due date for 


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