Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 7777 

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–2022–0043/Airspace 

Docket No. 22–ACE–2.’’ 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 https://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at https:// 

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 JO 7400.11F, Airspace 

Designations and Reporting Points, 

dated August 10, 2021, and effective 

September 15, 2021. FAA Order JO 

7400.11F is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order JO 7400.11F 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 14 CFR part 71 by amending the Class 

E airspace extending upward from 700 

feet above the surface at Emmetsburg 

Municipal Airport, Emmetsburg, IA, by 

removing the Emmetsburg NDB and 

associated extension from the airspace 

legal description; and updating the 

geographic coordinates of the airport to 

coincide with the FAA’s aeronautical 

database. 

This action is necessary due to an 

airspace review caused by the 

decommissioning of the Emmetsburg 

NDB which provided navigation 

information for the instrument 

procedures this airport. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order JO 7400.11F, dated August 10, 

2021, and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in FAA 

Order JO 7400.11. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

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, is non-controversial 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 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. 

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 JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth 

* * * * * 

ACE IA E5 Emmetsburg, IA [Amended] 

Emmetsburg Municipal Airport, IA 

(Lat. 43°06′07′′ N, long. 94°42′16′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Emmetsburg Municipal Airport, 

and within 3.8 miles each side of the 316° 

bearing from the airport extending from the 

6.5-mile radius to 10.3 miles northwest of the 

airport. 

Issued in Fort Worth, Texas, on February 

7, 2022. 

Martin A. Skinner, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2022–02805 Filed 2–9–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Chapter VII 

[Docket No. 220204–0041] 

RIN 0694–XC086 

Request for Public Comments on the 

Section 232 Exclusions Process 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Request for public comments. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is hereby seeking public 

comments regarding the Section 232 

exclusions process. A presidential 

proclamation (Adjusting Imports of 

Steel into the United States), published 

on January 3, 2022, directed the 

Secretary of Commerce to seek public 

comment on the Section 232 exclusions 

process, including the responsiveness of 

the exclusions process to market 


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7778 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 

demand and enhanced consultation 

with U.S. firms and labor organizations. 

DATES: The due date for filing comments 

is March 28, 2022. 

ADDRESSES: Submissions: All written 

comments on this request must be filed 

through the Federal eRulemaking Portal: 

https://www.regulations.gov. To submit 

comments via https://

www.regulations.gov, enter the docket 

number BIS–2021–0042 on the home 

page and click ‘‘Search.’’ The site will 

provide a search results page listing all 

documents associated with this docket. 

Find a reference to this document and 

click the button entitled ‘‘Comment.’’ 

(For further information on using 

https://www.regulations.gov, please 

consult the resources provided on the 

website by clicking on ‘‘FAQ’’). 

FOR FURTHER INFORMATION CONTACT: 

Erika Maynard by telephone at 202– 

482–5642 or by email at Steel232@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Presidential Proclamations 10327 (87 

FR 1) and 10328 (87 FR 11) published 

on January 3, 2022, implemented an 

understanding reached between the 

United States and the European Union 

including the establishment of tariff rate 

quotas for steel and aluminum articles 

imported from the European Union 

member countries. Proclamation 10328 

also directed the Secretary of Commerce 

to seek public comment on the Section 

232 exclusions process, including the 

responsiveness of the exclusions 

process to market demand and 

enhanced consultation with U.S. firms 

and labor organizations. 

Since March 19, 2018, Commerce has 

published five interim final rules that 

established and made various revisions 

to the Section 232 exclusions process, as 

well as a Notice of Inquiry seeking 

public comment on certain aspects of 

the Section 232 exclusions process. 

On March 19, 2018, Commerce issued 

an interim final rule, Requirements for 

Submissions Requesting Exclusions 

from the Remedies Instituted in 

Presidential Proclamations Adjusting 

Imports of Steel into the United States 

and Adjusting Imports of Aluminum 

into the United States; and the filing of 

Objections to Submitted Exclusion 

Requests for Steel and Aluminum (83 

FR 12106), laying out procedures for the 

Section 232 exclusions process. 

On September 11, 2018, Commerce 

issued a second interim final rule, 

Submissions of Exclusion Requests and 

Objections to Submitted Requests for 

Steel and Aluminum (83 FR 46026), 

which revised the two supplements 

added by the March 19 rule with 

revisions designed to further ensure a 

transparent, fair, and efficient 

exclusions process. 

On June 10, 2019, Commerce issued a 

third interim final rule, Implementation 

of New Commerce Section 232 

Exclusions Portal (84 FR 26751), that 

revised the two supplements added by 

the March 19 and September 11 rules to 

grant the public the ability to submit 

new exclusion requests through the 

Section 232 Exclusions Portal while still 

allowing the opportunity for public 

comment on the portal. 

On May 26, 2020, Commerce issued a 

notice of inquiry with request for 

comment, Notice of Inquiry Regarding 

the Exclusions process for Section 232 

Steel and Aluminum Import Tariffs and 

Quotas (85 FR 31441), that sought 

public comment on the appropriateness 

of the information requested and 

considered in applying the exclusion 

criteria and the efficiency and 

transparency of the process employed. 

On December 14, 2020, Commerce 

issued a fourth interim final rule, 

Implementation of New Commerce 

Section 232 Exclusions Portal (85 FR 

81060), which established General 

Approved Exclusions (GAEs) to reduce 

the number of exclusion requests for 

products consistently found not to be 

produced in the United States, reducing 

the submission burden on both industry 

and the Section 232 exclusions process. 

The December 14, 2020, Interim Final 

Rule identified 123 GAEs that had never 

received an objection via the Section 

232 exclusions process. GAEs are 

available to all requestors for steel and 

aluminum products imported under 10- 

Digit Harmonized Tariff Schedule of the 

United States classifications without 

quantity limit or expiration date. 

On December 9, 2021, BIS 

subsequently suspended 30 GAEs in its 

fifth Interim Final Rule (86 FR 70003) 

on the Section 232 Exclusions process 

because some exclusion requests 

subsequently received objections under 

the associated HTSUS Classifications. 

Exclusions Process 

As of January 30, 2022, BIS has 

processed over 382,000 exclusion 

requests and has rejected or made 

determinations on more than 369,000 

requests. Approximately seventy 

percent of exclusion requests do not 

receive objections. The most recent 

average processing time for exclusion 

requests that do not receive objections is 

43 days. The most recent average 

processing time for exclusion requests 

that receive objections is 98 days. Less 

than ten percent of the volume of steel 

(about eight percent) and aluminum 

(about seven percent) articles granted 

exclusions is utilized with the articles 

being imported into the United States. 

BIS seeks public comment on the 

Section 232 exclusions process. In 

particular, as directed in Proclamation 

10327, BIS seeks public comment on the 

responsiveness of the exclusions 

process to market demand and 

enhanced consultation with U.S. firms 

and labor organizations. 

BIS also welcomes comment on more 

specific aspects of the Section 232 

exclusions process, including: Potential 

changes to the associated forms and 

required information; the request, 

objection, rebuttal, and surrebuttal 

process; the standards of review; 

General Approved Exclusions; and the 

overall transparency of the process. 

Specific topics include: 

(1) How to reduce the volume of 

submission errors and rejected filings in 

the Section 232 Exclusions Portal; 

(2) how to address the time for 

processing of exclusion requests, 

including but not limited to reducing 

length or type of attachments; 

(3) requiring public summaries of any 

confidential business information in 

exclusion requests and objections, 

similar to the existing requirement for 

rebuttal and surrebuttals; 

(4) requiring public disclosure of 

delivery times on the Exclusion Request 

and Objection Forms; 

(5) requiring recent (i.e., from the last 

quarter or 90 days) evidence supporting 

claims made in a Request or Objection; 

(6) streamlining the online forms or 

otherwise reducing administrative 

burden; and 

(7) assessing the General Approved 

Exclusions’ (GAEs) criteria and 

identification of specific products. 

Commenters are encouraged to 

identify which of these particular issues 

their comments are related to. 

Commenters are requested to provide 

information supporting their stance on 

that issue. 

Requirements for Written Comments 

The https://www.regulations.gov 

website allows users to provide 

comments by filling in a ‘‘Type 

Comment’’ field or by attaching a 

document using an ‘‘Upload File’’ field. 

BIS prefers that comments be provided 

in an attached document. BIS prefers 

submissions in Microsoft Word (.doc) or 

Adobe Acrobat (.pdf). If the submission 

is in an application format other than 

Microsoft Word or Adobe Acrobat, 

please indicate the name of the 

application in the ‘‘Type Comment’’ 

field. Please do not attach separate cover 

letters to electronic submissions; rather, 

include any information that might 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 7779 

appear in a cover letter within the 

comments. Similarly, to the extent 

possible please include any exhibits, 

annexes, or other attachments in the 

same file, so that the submission 

consists of one instead of multiple files. 

Comments will be placed in the docket 

and open to public inspection, except 

information determined to be 

confidential. Comments may be viewed 

on https://www.regulations.gov by 

entering docket number BIS–2021–0042 

in the search field on the home page. 

All filers should name their files 

using the name of the person or entity 

submitting the comments. 

Communications from agencies of the 

United States Government will not be 

made available for public inspection. 

Material submitted by members of the 

public that is properly marked as 

business confidential information with a 

valid statutory basis for confidentiality 

and which is accepted as such by BIS 

will not be disclosed publicly. Guidance 

on submitting business confidential 

information is as follows: Anyone 

submitting business confidential 

information should clearly identify the 

business confidential portion at the time 

of submission, include a statement 

justifying nondisclosure and referring to 

the specific legal authority claimed with 

the submission, and provide a nonconfidential version of the submission 

which will be placed in the public file 

on https://www.regulations.gov. For 

comments submitted electronically 

containing business confidential 

information, the file name of the 

business confidential version should 

begin with the characters ‘‘BC’’. Any 

page containing business confidential 

information must be clearly marked 

‘‘BUSINESS CONFIDENTIAL’’ on the 

top of that page. The file name of the 

non-confidential version should begin 

with the character ‘‘P’’. The nonconfidential version must be clearly 

marked ‘‘PUBLIC’’ on the top of the first 

page. The ‘‘BC’’ and ‘‘P’’ should be 

followed by the name of the person or 

entity submitting the comments or 

rebuttal comments. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2022–02870 Filed 2–9–22; 8:45 am] 

BILLING CODE 3510–33–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0818; FRL–9264–01– 

R9] 

Air Plan Approval; California; Northern 

Sierra Air Quality Management District; 

Reasonably Available Control 

Technology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Northern Sierra Air 

Quality Management District (NSAQMD 

or ‘‘District’’) portion of the California 

State Implementation Plan (SIP). This 

revision concerns the District’s 

demonstration regarding reasonably 

available control technology (RACT) 

requirements for the 2015 8-hour ozone 

national ambient air quality standard 

(NAAQS or ‘‘standards’’) in the Western 

Nevada County (‘‘Western Nevada’’) 

ozone nonattainment area (NAA), which 

is under the jurisdiction of the 

NSAQMD. We are taking comments on 

this proposal and plan to follow with a 

final action. 

DATES: Comments must be received on 

or before March 14, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0818 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For 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. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Levin, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3848 or by 

email at levin.nancy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What document did the State submit? 

B. Are there other versions of this 

document? 

C. What is the purpose of the submitted 

document? 

II. The EPA’s Evaluation and Proposed 

Action 

A. How is the EPA evaluating the 

submitted document? 

B. Does the document meet the evaluation 

criteria? 

C. The EPA’s Recommendations To Further 

Improve the RACT SIP 

D. Public Comment and Proposed Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What document did the State submit? 

On January 25, 2021, the NSAQMD 

adopted the ‘‘Reasonably Available 

Control Technology (RACT) State 

Implementation Plan (SIP) Revision for 

Western Nevada County 8-Hour Ozone 

Nonattainment Area’’ (‘‘2015 ozone 

RACT SIP’’), and on March 23, 2021, the 

California Air Resources Board (CARB) 

submitted it to the EPA for approval as 

a revision to the California SIP. 

On September 23, 2021, the submittal 

for the NSAQMD 2015 ozone RACT SIP 

was deemed by operation of law to meet 

the completeness criteria in 40 CFR part 

51 Appendix V, which must be met 

before formal EPA review. 

B. Are there other versions of this 

document? 

There are no previous versions of this 

document in the NSAQMD portion of 

the California SIP for the 2015 8-hour 

ozone NAAQS. 

C. What is the purpose of the submitted 

document? 

Volatile organic compounds (VOCs) 

and oxides of nitrogen (NOX) contribute 

to the production of ground-level ozone, 

smog, and particulate matter, which 

harm human health and the 

environment. Section 110(a) of the CAA 

requires states to submit regulations that 

control VOCs and NOX emissions. CAA 


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