[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Rules and Regulations]
[Page 11014-11017]
[DOCID:fr16mr09-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0214; Directorate Identifier 2007-NM-343-AD;
Amendment 39-15851; AD 2009-06-14]
RIN 2120-AA64

Airworthiness Directives; Fokker Model F.27 Mark 050 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Fokker Model F.27 Mark 050 airplanes. This AD requires
measuring the length of the extended portion of the sliding member of
the main landing gear, performing an inspection for the presence of
lockwiring, and doing corrective actions if necessary. This AD results
from a report that the sliding member of the main landing gear has been
overextended after landing. We are issuing this AD to detect and
correct improper installation of the lockwire on the two lockbolts that
hold the sliding member end stop, which could result in structural
damage of the main gear and loss of control of the airplane during the
landing roll, due to main landing gear overextension.

DATES: This AD becomes effective March 31, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 31,
2009.
    We must receive comments on this AD by April 15, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Fokker
Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-
Vennep, the Netherlands; Telephone +31 (0)252-627-350; fax +31 (0)252-
627-211; e-mail<EMAIL_ADDRESS>Internet
http://www.myfokkerfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The Civil Aviation Authority--The Netherlands (CAA-NL), which is
the airworthiness authority for the Netherlands, notified us that an
unsafe condition might exist on certain Fokker Model F.27 Mark 050
airplanes. The CAA-NL advises that there has been a report that the
sliding member of the main landing gear has been overextended after
landing. During subsequent investigation, it was found that an end stop
had unscrewed itself to a certain extent, and that there was no
lockwiring present on the two lockbolts that hold the end stop. The
unscrewed end stop caused the gear torque links of the main landing
gear to come into an overextended position against the sliding member.
This condition, if not corrected, could result in structural damage of
the main gear and loss of control of the airplane during the landing
roll, due to main landing gear overextension.

Relevant Service Information

    Fokker has issued Service Bulletin SBF50-32-039, dated July 2,
2007, which describes procedures for measuring the length of the
extended portion of the sliding member of the main landing gear, and
performing an inspection for the presence of lockwiring on the lock
bolts of the two end stops, and doing corrective actions if necessary.
Corrective actions include applying lockwiring if not installed or
installed incorrectly.
    Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The CAA-NL
mandated the service information and issued Dutch airworthiness
directive NL-2007-002, dated October 31, 2007 (referred to after this
as ``the MCAI''), to ensure the continued airworthiness of these
airplanes in the Netherlands.
    Fokker Service Bulletin SBF50-32-039, dated July 2, 2007, refers to
Messier-Dowty Service Bulletin F50-32-62, dated January 17, 2007, as an
additional source of service information for measuring the length of
the extended portion of the sliding member of the main landing gear,
performing an inspection for the presence of lockwiring on the lock
bolts of the two end stops, and installing new lockwiring when
lockwiring is missing or installed incorrectly.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    Therefore, we are issuing this AD to detect and correct improper
installation of the lockwire on the two lockbolts that hold the sliding
member end stop, which could result in structural damage of the main
gear and loss of control of the airplane during the landing roll, due
to main landing gear overextension. This AD requires accomplishing the
actions specified in the service information described previously,
except as discussed under ``Differences Between the AD and the MCAI.''

Differences Between the AD and the MCAI

    The MCAI specifies only to inspect for the presence of lockwiring
if overextension is found. However, Messier-Dowty Service Bulletin F50-
32-62, dated January 17, 2007, also specifies to inspect if the
measurement has increased between inspections. This AD requires
inspection for the presence of lockwiring if overextension is found or
the measurement of the repeat inspection has increased by 1.0 mm
compared to a previous inspection. We have coordinated this difference
with CAA-NL.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S.
Register. All airplanes affected by this AD are currently operated by
non-U.S. operators under foreign registry; therefore, they are not
directly affected by this AD action. However, we consider this AD
necessary to ensure that the unsafe condition is addressed if any
affected airplane is imported and placed on the U.S. Register in the
future.
    If an affected airplane is imported and placed on the U.S. Register
in the future, the required actions would take about 8 work hours per
airplane, at an average

labor rate of $80 per work hour. Required parts would cost about $1,082
per airplane. Based on these figures, the estimated cost of the AD
would be $1,722 per airplane.

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register.
Therefore, providing notice and opportunity for public comment is
unnecessary before this AD is issued, and this AD may be made effective
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-0214; Directorate Identifier 2007-NM-343-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect 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 government.
    For the reasons discussed above, I certify that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

2009-06-14 Fokker Services B.V.: Amendment 39-15851. Docket No. FAA-
2009-0214; Directorate Identifier 2007-NM-343-AD.

Effective Date

    (a) This AD becomes effective March 31, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Fokker Model F.27 Mark 050 airplanes,
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing
Gear.

Unsafe Condition

    (e) This AD results from a report that the sliding member of the
main landing gear has been overextended after landing. We are
issuing this AD to detect and correct improper installation of the
lockwire on the two lockbolts that hold the sliding member end stop,
which could result in structural damage of the main gear and loss of
control of the airplane during the landing roll, due to main landing
gear overextension.

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.

Measurement, Inspection, and Corrective Actions

    (g) Within 500 flight cycles after the effective date of this
AD, measure the length of the extended portion of the sliding member
of the main landing gear in accordance with the Accomplishment
Instructions of Fokker Service Bulletin SBF50-32-039, dated July 2,
2007. Repeat the measurement at intervals not to exceed 500 flight
cycles until the requirements of paragraph (g) have been completed.
    (h) At the applicable time in paragraph (h)(1) or (h)(2) of this
AD, perform an inspection for the presence and correct installation
of lockwiring on the two end stop lock bolts of the main landing
gear, in accordance with the Accomplishment Instructions of Fokker
Service Bulletin SBF50-32-039, dated July 2, 2007. If lockwiring is
not present or is not installed correctly, install lockwiring before
further flight in accordance with Fokker Service Bulletin SBF50-32-
039, dated July 2, 2007.
    (1) During any measurement required by paragraph (g) of this AD,
if overextension is found, or the measurement has increased by 1.0
millimeter (mm) or more compared to the previous measurement,
inspect before further flight.
    (2) If no overextension is found and the measurement has not
increased by 1.0 mm or more between measurements during the
measurements required by paragraph (g) of this AD, inspect within
4,000 flight hours after the effective date of this AD.

    Note 1: Fokker Service Bulletin SBF50-32-039, dated July 2,
2007, refers to Messier-Dowty Service Bulletin F50-32-62, dated
January 17, 2007, as an additional source of service information for
measuring the length of the extended portion of the sliding member
of the main landing gear, performing an inspection for the presence
of lockwiring on the lock bolts of the two end stops, and installing
new lockwiring.

    (i) If, during any measurement required by paragraph (g) of this
AD, overextension is found or the measurement has increased by 1.0
mm or more compared to the previous measurement; or if, during any
inspection required by paragraph (h) of the AD, lockwiring is not
present or is not installed correctly; submit a report to Fokker
Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE
Nieuw-Vennep, the Netherlands; facsimile (31) 252-627-211; e-mail
<EMAIL_ADDRESS>

at the applicable time specified in paragraph (i)(1) or (i)(2) of
this AD. The report must include any finding of overextension or
incorrect lockwiring to Fokker Services B.V., Technical Services
Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands;
facsimile (31) 252-627-211. Under the provisions of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and
Budget (OMB) has approved the information collection requirements
contained in this AD and has assigned OMB Control Number 2120-0056.
    (1) If the inspection or measurement was done on or after the
effective date of this AD: Submit the report within 30 days after
the inspection or measurement, as applicable.
    (2) If the inspection or measurement was accomplished prior to
the effective date of this AD: Submit the report within 30 days
after the effective date of this AD.
    (j) As of 5 months after the effective date of this AD: No
person may install a main landing gear on any airplane unless Part B
of Messier-Dowty Service Bulletin F50-32-62, dated January 17, 2007,
has been accomplished for that part.

Alternative Methods of Compliance (AMOCs)

    (k) The Manager, International Branch, ANM-116, 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: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.

Related Information

    (l) Civil Aviation Authority--The Netherlands (CAA-NL)
Airworthiness Directive NL-2007-002, dated October 31, 2007, also
addresses the subject of this AD.

Material Incorporated by Reference

    (m) You must use Fokker Service Bulletin SBF50-32-039, dated
July 2, 2007; and Messier-Dowty Service Bulletin F50-32-62, dated
January 17, 2007; as applicable; to perform the actions that are
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of these documents in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For Fokker service information identified in this AD,
contact Fokker Services B.V., Technical Services Dept., P.O. Box
231, 2150 AE Nieuw-Vennep, the Netherlands; Telephone +31 (0)252-
627-350; fax +31 (0)252-627-211; e-mail
<EMAIL_ADDRESS>Internet http://
www.myfokkerfleet.com.
    (3) For Messier-Dowty service information identified in this AD,
Messier-Dowty Limited, Cheltenham Road, Gloucester, GL2 9QH,
England; Telephone +44 (0) 1452 711732; fax +44 (0) 1452 713821.
    (4) You may review copies of this service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on February 27, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E9-5007 Filed 3-13-09; 8:45 am]

BILLING CODE 4910-13-P


Comment Info: =================

General Comment:See Attachment.  FAA-2007-28909.  Final Rule Grid.


[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8966-8970]
[FR Doc No: 2021-02709]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91058; File No. SR-Phlx-2021-04]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Relocate Its PSX
Equity and General Rules From Its Current Rulebook Into Its New
Rulebook Shell and Make Other Changes to the Phlx Rules

February 4, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 22, 2021, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to relocate its PSX equity and general rules
from its current Rulebook into its new Rulebook shell and make other
changes to the Phlx Rules.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this rule change is to relocate the PSX equity and
general rules from the current Rulebook into the new Rulebook shell \3\
and also make other amendments to the Phlx Rules. The Exchange also
proposes a number of minor, non-substantive changes to the Rulebook
shell as described below. The relocation and harmonization of these
rules is part of the Exchange's continued effort to promote efficiency
and conformity of its processes with those of its affiliated exchanges.
The Exchange believes that the placement of these rules into their new
location in the Rulebook shell will facilitate the use of the Rulebook
by members and member organizations.
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    \3\ Previously, the Exchange filed to relocate other rules
within its Rulebook. See Securities Exchange Act Release No. 88213
(February 14, 2020), 85 FR 9859 (February 20, 2020) (SR-Phlx-2020-
03) (``Prior Relocation Rule Change'').
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Universal Changes
    The Exchange proposes to update all cross-references within the
Rulebook shell to the new relocated rule cites. The Exchange proposes
to replace internal rule references to simply state ``this Rule'' where
the rule is citing itself without a more specific cite included in the
Rule. For example, if PSX Rule 4619 refers currently to ``Rule 4619''
or ``this Rule 4619'' the Exchange will amend the phrase to simply
``this Rule.'' Except where the Exchange specifies below that it will
retain the current rule numbering, the Exchange also proposes to
conform the paragraph numbering and lettering to that used in the
Rulebook shell for greater consistency, and to correct punctuation. The
Exchange proposes to replace ``PSX Rules'' with ``Equity Rules'' where
applicable as the title of the ruleset is proposed to be ``Equity
Rules.'' Furthermore, the Exchange proposes to delete any empty
reserved rules and already deleted rules in the current Rulebook.
Finally, the Exchange proposes to make certain technical corrections to
add hyphens and spacing where necessary.
    In addition to updating rule citations impacted by the proposed
rule relocations herein, the Exchange

proposes to update several rule citations to rules which were
previously relocated in the Prior Relocation Rule Change. Accordingly,
rule citations to the following rules are being updated with this
proposal: Rule 133 (now Rule 3101); Rule 703 (now Options 6D, Section
1); Rule 707 (currently PSX Rule 3503); \4\ Rule 765 (now General 9,
Section 1(a)); Rule 910 (now General 3, Section 1); Rule 911 (now
General 3, Section 12); Rule 985 (now General 2, Section 4); and Rule
1092 (now Options 3, Section 20).
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    \4\ PSX Rule 3503 is being relocated to General 9, Section 1(c)
as proposed herein.
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General 1
    The Exchange proposes to add a title under ``General 1 General
Provisions'' which states ``Section 1 Definitions.'' Also, the Exchange
proposes to update rule citations to relocated rules as well as rule
citations to rules which were previously relocated in the Prior
Relocation Rule Change. The Exchange notes that The Nasdaq Stock Market
LLC (``Nasdaq'') recently amended certain rule citations which also
impact proposed changes herein, particularly with respect to General 4
rule numbering.\5\
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    \5\ See Securities Exchange Act Release No. 90577 (December 7,
2020), 85 FR 80202 (December 11, 2020) (SR-NASDAQ-2020-079) (Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To
Relocate Its Equity and General Rules From Its Current Rulebook Into
Its New Rulebook Shell).
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General 2
    The Exchange proposes to relocate Rule 3600. Regulatory Services
Agreements to General 2, Section 5, which was reserved. The Exchange
proposes to update rule citations to rules which were previously
relocated in the Prior Relocation Rule Change.
General 4
    The Exchange proposes to re-title General 4 as ``Registration
Requirements.'' The rule is currently titled ``Regulation.'' The
Exchange proposes to add a period at the end of General 4, Section 1.
The Exchange also proposes to amend rule numbering to conform with a
recent Nasdaq rule change.\6\
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    \6\ Id.
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General 5
    The Exchange proposes to relocate the text of Minor Rule Violations
rules into General 5. Today, the Minor Rule Violations, except for
violations of General 7, are delineated within General 5. The Exchange
proposes to relocate the rule text of each Minor Rule violation rule
from the PSX Rulebook into General 5 and remove the duplicative list of
Minor Rule Violations from the PSX Rulebook. With respect to violations
of General 7, the Exchange proposes to add General 7, Failure to Comply
with the Consolidated Audit Trail Compliance Rule requirements, into
the list of Equity Floor Procedure Advices within General 5, Section 3,
Code of Procedure. General 7 was recently added to The Equity Minor
Rule Violations.\7\ The Exchange also proposes to remove the reference
in General 5 to A-5 Training as there is no corresponding Minor Rule
Plan for A-5.
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    \7\ See Securities Exchange Act Release No. 89667 (August 25,
2020), 85 FR 53876 (August 31, 2020) (SR-Phlx-2020-40) (Notice of
Filing and Order Granting Accelerated Approval of Proposed Rule
Change To Add the Consolidated Audit Trail Industry Member
Compliance Rules to the List of Minor Rule Violations).
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    The Exchange proposes to remove ``Floor'' from the title ``Equity
Floor Procedure Advices'' as PSX is an electronic only market.
    The Exchange proposes to delete the title ``A. Miscellaneous,''
``E. Staffing,'' ``F. Miscellaneous,'' and ``S. Pre-Opening
Procedures,'' ``Rule 60 Regulations'' including Regulation 1-
Regulations 7 from the PSX Rulebook.
General 9
    The Exchange proposes to relocate the below rules into General 9.

------------------------------------------------------------------------
                                                         Deleted options
          Shell rule                 Current rule             rule
------------------------------------------------------------------------
General 9, Section 1(c).......  3503. Conduct           Options 9,
                                 Inconsistent with       Section 1.
                                 Just and Equitable
                                 Principles of Trade.
General 9, Section 1(d).......  3504. Acts Detrimental  Options 9,
                                 to the Interest or      Section 5.
                                 Welfare of the
                                 Exchange.
General 9, Section 5..........  3507. Telemarketing...  Options 10,
                                                         Section 23.
General 9, Section 37.........  3506. Anti-Money        Options 9,
                                 Laundering Compliance   Section 21.
                                 Program.
------------------------------------------------------------------------

    Today, the Rulebook contains both an equity and option rule, which
are identical, for Conduct Inconsistent with Just and Equitable
Principles of Trade, Acts Detrimental to the Interest or Welfare of the
Exchange, Telemarketing, and Anti-Money Laundering Compliance Program.
The Exchange is relocating a version of each of these rules to General
9 and eliminating the corresponding options and equity rules. The
General 9 rules apply to both the equity and options markets.
    The Exchange also proposes a number of corrective changes to
Disruptive Quoting and Trading Activity Prohibited which was relocated
to General 9, Section 53 in the Prior Relocation Rule Change. First, in
Section 53(a), the Exchange proposes to update the references to
``subsections (i) and (ii)'' to ``subsections (1) and (2).'' Second,
the Exchange proposes in Section 53(a)(1)(B)(ii) to update the
reference to ``paragraph (b)(i)'' to ``paragraph (B)(i).'' The Exchange
proposes to reserve Section 71 to harmonize Phlx's rule numbers with
Nasdaq.
Equity 1
    The Exchange proposes to relocate Rule 3301, Equity Definitions,
into new Equity 1, Section 1. The Exchange is amending the first
sentence of new Equity 1, Section 1 to provide, ``The following
definitions apply to the Equity Rules for the trading of securities on
PSX.'' While Rule 3301 currently provides that the definitions apply to
the Rule 3200 and 3300 Series, the Exchange notes that the definitions
apply to all rules under the heading Equity Rules and therefore
proposes to amend the current text further to apply the relocated
definitions to the entire section related to the equity market.
    The definition for ``PSX Participant'' currently is defined to
mean, ``. . . an entity that fulfills the obligations contained in Rule
3211 regarding participation in the System, and shall include: . . .''.
PSX Rule 3211 was previously deleted.\8\ Phlx Rule 1094 became
applicable to the market participants trading on PSX with the Rule 3211
Removal Rule Change. Phlx Rule 1094 was relocated to General 2, Section
22 in the Prior Phlx Relocation Rule Change.
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    \8\ See Securities Exchange Act Release No. 76452 (November 17,
2015), 80 FR 73019 (November 23, 2015) (SR-Phlx-2015-93) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Sponsored Access) (``Rule 3211 Removal Rule Change'').

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Equity 2
    The Exchange proposes to relocate the following rules into Equity 2
which is titled Equity Market Participants. The Exchange proposes to
instead title this section ``Market Participants'' to conform to
Nasdaq's Rulebook Structure.\9\
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    \9\ See note 5 above.

------------------------------------------------------------------------
              Shell rule                          Current rule
------------------------------------------------------------------------
Section 1............................  3201. Scope.
Section 2............................  3203. Definitions.
Section 3............................  Reserved.
Section 4............................  3212. Registration as a Market
                                        Maker.
Section 5............................  3213. Market Maker Obligations.
Section 6............................  3214. Stabilizing Bids.
Section 7............................  3216. Reports.
Section 8............................  3217. Normal Business Hours.
Section 9............................  3218. Clearance and Settlement.
Section 10...........................  3219. Withdrawal of Quotations.
Section 11...........................  3220. Voluntary Termination of
                                        Registration.
Section 12...........................  3221. Suspension and Termination
                                        of Quotations and Order Entry.
Section 13...........................  3222. Termination of PSX Service.
Section 14...........................  3223. Alternative Trading
                                        Systems.
Section 15...........................  3224. Penalty Bids and Syndicate
                                        Covering Transactions.
Section 16...........................  3225. Obligation to Provide
                                        Information.
Section 17...........................  3226. Limitation of Liability.
Section 18...........................  3227. Obligation to Honor System
                                        Trades.
Section 19...........................  3228. Compliance with Rules and
                                        Registration Requirements.
Section 20...........................  3231. Customer Disclosures.
------------------------------------------------------------------------

    The Exchange is amending the first sentence of new Equity 2,
Section 1 to provide, ``Unless otherwise specified, the Equity Rules
apply only to the quoting and trading of System Securities via PSX.''
Current Rule 3201 references the 3200 Series (Requirements for PSX
Participants). However all equity rules apply to equities trading on
PSX. Broadening the language of Equity 2, Section 1 is consistent with
the manner in which equities rules are applied today with respect to
trading and other aspects of conducting business on PSX.
    The Exchange also proposes to amend Equity 2, Section 2(a) to
provide, ``For purposes of the Equity Rules, unless the context
requires otherwise:''. The original reference was to the 3000 Series,
although the definitions which follow relate to federal rules which
would apply to all Equity Rules. The Exchange proposes to amend the
current text to apply the relocated definitions to the entire section
related to the equity market to distinguish these rules from the
General Rules and Options Rules.
    The Exchange also proposes to update a rule citation within
proposed Equity 2, Section 10, Withdrawal of Quotations, at paragraph
(d). This paragraph (d) which discusses withdrawal status, relates to
quotations, and provides,

    Excused withdrawal status may be granted to a PSX Market Maker
that fails to maintain a clearing arrangement with a registered
clearing agency or with a member of such an agency and is withdrawn
from participation in the trade reporting service of PSX, thereby
terminating its registration as a PSX Market Maker; provided,
however, that if the Exchange finds that the PSX Market Maker's
failure to maintain a clearing arrangement is voluntary, the
withdrawal of quotations will be considered voluntary and unexcused
pursuant to Rule 3220 and the Rule 3300 Series governing PSX. PSX
Market Makers that fail to maintain a clearing relationship will
have their PSX system status set to ``suspend'' and be thereby
prevented from entering, or executing against, any quotes/orders in
the system.

    The Exchange proposes to replace Rule 3220 (Voluntary Termination
of Registration) with its relocated rule reference, Equity 2, Section
11. The Exchange proposes to replace the Rule 3300 Series rules
reference with Equity 4. The Rule 3300 Series was relocated to Equity 4
with the exception of the Equity 6, Section 3, Phlx Kill Switch. The
Phlx Kill Switch's relocation to Equity 6 does not impact its reference
within this rule which described a PSX Market Maker's voluntary failure
to maintain a clearing arrangement and its impact on the withdrawal of
quotations.
Equity 3
    The Exchange proposes to reserve Equity 3, currently titled
``Equity Trading Rules.''
Equity 4
    The Exchange proposes to re-title Equity 4, currently titled
``Limit Up-Limit Down,'' to ``Equity Trading Rules.'' The Exchange
proposes to relocate the following rules into Equity 4 and retain the
current rule numbering:

------------------------------------------------------------------------
                              Current rule
-------------------------------------------------------------------------
3100. Limit Up-Limit Down Plan and Trading Halts on PSX.
3101. Trading Halts Due to Extraordinary Market Volatility.
3301A. Order Types.
3301B. Order Attributes.
3302. Opening Process.
3303. Short Sale Price Test Pursuant to Rule 201 of Regulation SHO.
3304. Data Feeds Utilized.
3306. Entry and Display of Quotes and Orders.
3307. Processing of Orders.
3309. Trade Reporting.
3310. Anonymity.
3311. Issuer Corporate Actions Related to a Dividend, Payment or
 Distribution.
3312. Clearly Erroneous Transactions.
3315. Order Routing.
3317. Compliance with Regulation NMS Plan to Implement a Tick Size
 Pilot.
3102. Limitation of Exchange Liability and Reimbursement of Certain
 Expenses.
------------------------------------------------------------------------

    The Exchange proposes to delete Rule 3202, Application of Other
Rules of the Exchange, as The Limited Liability Company Agreement of
the Exchange and The By-Laws of the Exchange are part of the Phlx
Rulebook and therefore apply to PSX already. As such, the Exchange
believes that the rule is duplicative and not necessary.
    The Exchange proposes to delete the reference to ``Sec. 44 FINRA
Jurisdiction Over Arbitrations Against Exchange Members'' within PSX
Rule 3202, Application of Other Rules of the Exchange, as that rule is
not located in the Phlx Rulebook. Rule 950 describes Arbitration rules
related to members on Phlx and PSX.
    The Exchange proposes to update an erroneous citation to PSX Rule
0120(x), currently within PSX Rule 3303, to Equity 1, Section 1(a).
    The Exchange also proposes to delete PSX Rules 3210 and 3211
because these rules do not contain substantive text.
    The Exchange proposes to remove an outdated reference to Rule 4770
within Supplementary Material .01 to PSX Rule 3317 and instead utilize
the term ``Rule'' to refer to Rule 3317. There is no Rule 4770 within
the current Phlx Rulebook.
Equity 5
    The Exchange proposes to relocate the below rules into Equity 5,
``Order Audit Trail Services'':

------------------------------------------------------------------------
              Shell rule                          Current rule
------------------------------------------------------------------------
Section 1............................  7410A. Definitions.
Section 2............................  7420A. Applicability.
Section 3............................  7430A. Synchronization of Member
                                        Organization Business Clocks.
Section 4............................  7440A. Recording of Order
                                        Information.
Section 5............................  7450A. Order Data Transmission
                                        Requirements.
Section 6............................  7460A. Violation of Order Audit
                                        Trail System Rules.
------------------------------------------------------------------------

    The Exchange proposes to amend a rule citation within Equity 5,
Section 6, Violation of Order Audit Trail System Rules. The definition
of System is being

relocated to from current Rule 3301 as proposed herein. The current
Phlx Rulebook does not contain PSX Rule 0120.
Equity 6
    The Exchange proposes to title Equity 6, which is currently
reserved, as ``PSX Risk Management Services; Other Systems and
Programs,'' and to relocate the following rules into Equity 6:

------------------------------------------------------------------------
              Shell rule                          Current rule
------------------------------------------------------------------------
Section 1............................  Reserved.
Section 2............................  Reserved.
Section 3............................  3316. PHLX Kill Switch.
Section 4............................  3215. Exchange Sharing of PSX
                                        Participant Risk Settings
                                        (excluding Commentary).
Section 5............................  Commentary to 3215. Exchange
                                        Sharing of PSX Participant Risk
                                        Settings.
Section 6............................  Reserved.
------------------------------------------------------------------------

Equity 8
    The Exchange proposes to reserve Equity 8 which is currently titled
``Uniform Practice Code.''
Equity 8A
    The Exchange proposes to title Equity 8A as ``Unlisted Trading
Privileges, Proxy and Other Rules.'' The Exchange proposes to relocate
the following rules into Equity 8A:

------------------------------------------------------------------------
              Shell rule                          Current rule
------------------------------------------------------------------------
Section 1............................  Reserved.
Section 2............................  Reserved.
Section 3............................  Reserved.
Section 4............................  Reserved.
Section 5............................  3204. Securities Traded under
                                        Unlisted Trading Privileges.
Section 6............................  3232. Advertising Practices.
Section 7............................  3233. Prevention of the Misuse of
                                        Material, Nonpublic Information.
Section 8............................  3234. Additional Requirements for
                                        Securities Issued by Nasdaq or
                                        its Affiliates.
Section 9............................  3236. Restriction.
Section 10...........................  3237. Voting Instructions.
Section 11...........................  3238. Proxies at Direction of
                                        Owner.
Section 12...........................  3239. Proxy to Show Number of
                                        Shares.
Section 13...........................  3240. Transfer to Facilitate
                                        Solicitation.
Section 14...........................  3241. Rule Applicable to
                                        Individual Members and Nominees.
Section 15...........................  3242. Transmission of Interim
                                        Reports and Other Material.
------------------------------------------------------------------------

Equity 9
    The Exchange proposes to re-title Equity 9, currently
``Supplementary Conduct Rules,'' to ``Business Conduct,'' and to
relocate the following rules into Equity 9:

------------------------------------------------------------------------
              Shell rule                          Current rule
------------------------------------------------------------------------
Section 1............................  Reserved.
Section 2............................  Reserved.
Section 3............................  Reserved.
Section 4............................  Reserved.
Section 5............................  Reserved.
Section 6............................  Reserved.
Section 7............................  Reserved.
Section 8............................  Reserved.
Section 9............................  Reserved.
Section 10...........................  Reserved.
Section 11...........................  Reserved.
Section 12...........................  Reserved.
Section 13...........................  Reserved.
Section 14...........................  Reserved.
Section 15...........................  3410. Limitations on Members'
                                        Trading Because of Customers'
                                        Orders.
Section 16...........................  3411. Successive Transactions by
                                        Members.
Section 17...........................  3412. Short Sales.
Section 18...........................  3413. Proper and Adequate Margin.
Section 19...........................  3414. Prohibition on Free-Riding
                                        in Cash Accounts.
Section 20...........................  3500. Financial Responsibility
                                        and Reporting.
Section 21...........................  3502. Automated Submission of
                                        Trading Data.
Section 22...........................  3505. Restrictions on Pledge of
                                        Customers' Securities.
Section 23...........................  3501. Independent Audit.
------------------------------------------------------------------------

Equity 10
    The Exchange proposes to title Equity 10, which is currently
reserved, to ``Other Products and Securities,'' and to relocate the
following rules into Equity 10:

------------------------------------------------------------------------
              Shell rule                          Current rule
------------------------------------------------------------------------
Section 1............................  Reserved.
Section 2............................  Reserved.
Section 3............................  Reserved.
Section 4............................  Reserved.
Section 5............................  Reserved.
Section 6............................  Reserved.
Section 7............................  Reserved.
Section 8............................  3230. Trading in Commodity-
                                        Related Securities.
------------------------------------------------------------------------

Equity 11
    The Exchange proposes to adopt a new Equity 11 and title this
section ``Uniform Practice Code.'' The following rules will be
relocated into Equity 11:

------------------------------------------------------------------------
              Shell rule                          Current rule
------------------------------------------------------------------------
Section 1............................  3400. Dealings on the Exchange--
                                        Securities.
Section 2............................  3401. Bids and Offers--``When
                                        Issue``.
Section 3............................  3402. Price of Execution Binding.
Section 4............................  3403. Payment on Delivery--
                                        Collect on Delivery.
Section 5............................  3404. Book-Entry Settlement.
Section 6............................  3405. Ex-dividend, Ex-rights.
Section 7............................  3406. Ex-warrants.
Section 8............................  3407. Buyer Entitled to Dividend,
                                        etc.
Section 9............................  3408. Claims for Dividend, etc.
Section 10...........................  3409. Taking or Supplying
                                        Securities Named in Order.
------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\11\ in particular, in that it is designed to
promote just and equitable principles of trade and to protect investors
and the public interest by bringing greater transparency to its rules
by relocating the equity and general rules into the new Rulebook shell
together with other rules which have already been relocated.\12\ The
Exchange's proposal is consistent with the Act and will protect
investors and the public interest by harmonizing its rules, where
applicable, across Nasdaq markets so that members can readily locate
rules which cover similar topics. The relocation and harmonization of
the Exchange's Rules are part of the Exchange's continued effort to
promote efficiency and conformity of its processes with those of its
affiliated exchanges. The Exchange believes that the placement of the
PSX Rules into their new location in the shell will facilitate the use
of the Rulebook by members. Specifically, the Exchange believes that
market participants that are members of more than one Nasdaq market
will benefit from the ability to compare Rulebooks.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ See supra note 3.
---------------------------------------------------------------------------

    The Exchange is not substantively amending rule text. The
renumbering, re-lettering, deleting reserved and already deleted rules,
amending cross-references and other minor technical changes will bring
greater transparency to the Exchange's Rules. The Exchange's affiliates
intend to file similar rule changes to relocate their respective equity
and general rules into the same location in each Rulebook for ease of
reference. The Exchange believes its proposal will benefit investors
and the general public by increasing the transparency of its Rulebook
and

promoting easy comparisons among the various Nasdaq affiliated
exchanges' Rulebooks.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed amendments do not impose an undue burden on competition
because the amendments to relocate the equity and general rules are
non-substantive. This rule change is intended to bring greater clarity
to the Exchange's Rules and to promote easy comparisons among the
various Nasdaq affiliated exchanges' Rulebooks. Renumbering, re-
lettering, deleting reserved rules and amending cross-references will
bring greater transparency to the Exchange's Rules.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay. Waiver of the
operative delay would allow the Exchange to immediately relocate its
rules and continue to file other rules that are affected by this
relocation in a timely manner. The Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest. Accordingly, the Commission waives
the 30-day operative delay and designates the proposal operative upon
filing.\17\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2021-04 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2021-04. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Phlx-2021-04 and should be submitted on
or before March 3, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-02709 Filed 2-9-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37299-37305]
[FR Doc No: 2017-16810]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0547; FRL-9965-85-Region 4]

Air Plan Approval; SC: Revisions to New Source Review Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve changes to the South Carolina State
Implementation Plan (SIP) to revise New Source Review (NSR)
regulations. EPA is approving portions of SIP revisions submitted by
the State of South Carolina, through the South Carolina Department of
Health and Environmental Control (SC DHEC), on the following dates:
July 18, 2011, April 10, 2014, August 12, 2015, and

January 20, 2016. This action is being taken pursuant to the Clean Air
Act (CAA or Act).

DATES: This direct final rule is effective October 10, 2017 without
further notice, unless EPA receives adverse comment by September 11,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0547 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Akers can be reached via telephone at<PHONE_NUMBER> or
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA taking today?

    On July 18, 2011, April 10, 2014, August 12, 2015, and January 20,
2016, SC DHEC submitted SIP revisions to EPA for approval that involve
changes to South Carolina's NSR permitting regulations to make them
consistent with federal requirements for NSR permitting, correct
typographical errors, make internal references consistent, and clarify
certain provisions. In this action, EPA is approving certain portions
of these SIP submissions that make changes to South Carolina's NSR
regulations at SC DHEC Regulation 61-62.5, Standard No. 7--``Prevention
of Significant Deterioration (PSD),'' and Regulation 61-62.5, Standard
No. 7.1--``Nonattainment New Source Review (NNSR),'' which apply to the
construction or modification of any major stationary source in areas
designated as attainment or unclassifiable as required by part C of
title I of the CAA, and in nonattainment areas as required by part D of
title I of the CAA, respectively.
    South Carolina's PSD regulations at Regulation 61-62.5, Standard
No. 7, were originally approved into the SIP on June 10, 1982 (47 FR
6017), with periodic revisions approved through April 3, 2013 (78 FR
19997). South Carolina's NNSR regulations at Regulation 61-62.5,
Standard No. 7.1, were conditionally approved into the SIP on June 2,
2008 (73 FR 31369), and were fully approved on June 23, 2011 (76 FR
36875).
    South Carolina's July 18, 2011, SIP revision modifies the PSD
regulations to make minor edits for internal consistency and modifies
the NNSR regulations to reflect changes to the federal NNSR regulations
at 40 CFR 51.165,\1\ including provisions promulgated in the following
federal rule: ``Final Rule To Implement the 8-Hour Ozone National
Ambient Air Quality Standard-Phase 2; Final Rule To Implement Certain
Aspects of the 1990 Amendments Relating to New Source Review and
Prevention of Significant Deterioration as They Apply in Carbon
Monoxide, Particulate Matter and Ozone NAAQS; Final Rule for
Reformulated Gasoline,'' Final Rule, 70 FR 71612 (November 29, 2005)
(hereinafter referred to as the Phase 2 Rule). South Carolina's April
10, 2014, SIP revision modifies the PSD regulations to reflect changes
to the federal PSD regulations at 40 CFR 51.166, including provisions
promulgated in the following federal rule: ``Implementation of the New
Source Review (NSR) Program for Particulate Matter Less Than 2.5
Micrometers (PM2.5): \2\ Amendment to the Definition of
`Regulated NSR Pollutant' Concerning Condensable Particulate Matter,''
(October 25, 2012) (hereinafter referred to as the PM2.5
Condensables Correction Rule). South Carolina's August 12, 2015, SIP
revision makes changes to South Carolina's PSD and NNSR regulations for
consistency with federal provisions and to correct typographical
errors. Finally, South Carolina's January 20, 2016, SIP revision
modifies the State's NNSR rules to correct typographical errors and to
make internal references consistent.
---------------------------------------------------------------------------

    \1\ EPA's regulations governing the implementation of NSR
permitting programs are contained in 40 CFR 51.160--51.166; 52.21,
52.24; and part 51, Appendix S. The CAA NSR program is composed of
three separate programs: PSD, NNSR, and Minor NSR. PSD is
established in part C of title I of the CAA and applies to major
stationary sources in areas that meet the NAAQS--``attainment
areas''--as well as areas where there is insufficient information to
determine if the area meets the NAAQS--``unclassifiable areas.'' The
NNSR program is established in part D of title I of the CAA and
applies to major stationary sources in areas that are not in
attainment of the NAAQS--``nonattainment areas.'' The Minor NSR
program applies to stationary sources that do not require PSD or
NNSR permits. Together, these programs are referred to as the NSR
programs.
    \2\ Airborne particulate matter (PM) with a nominal aerodynamic
diameter of 2.5 micrometers or less (a micrometer is one-millionth
of a meter, and 2.5 micrometers is less than one-seventh the average
width of a human hair) are considered to be ``fine particles'' and
are also known as PM2.5. Fine particles in the atmosphere
are made up of a complex mixture of components including sulfate;
nitrate; ammonium; elemental carbon; a great variety of organic
compounds; and inorganic material (including metals, dust, sea salt,
and other trace elements) generally referred to as ``crustal''
material, although it may contain material from other sources. The
health effects associated with exposure to PM2.5 include
potential aggravation of respiratory and cardiovascular disease
(i.e., lung disease, decreased lung function, asthma attacks and
certain cardiovascular issues). On July 18, 1997, EPA revised the
NAAQS for PM to add new standards for fine particles, using
PM2.5 as the indicator. Previously, EPA used
PM10 (inhalable particles smaller than or equal to 10
micrometers in diameter) as the indicator for the PM NAAQS. EPA
established health-based (primary) annual and 24-hour standards for
PM2.5, setting an annual standard at a level of 15.0
micrograms per cubic meter ([micro]g/m\3\) and a 24-hour standard at
a level of 65 [micro]g/m\3\ (62 FR 38652). At the time the 1997
primary standards were established, EPA also established welfare-
based (secondary) standards identical to the primary standards. The
secondary standards are designed to protect against major
environmental effects of PM2.5, such as visibility
impairment, soiling, and materials damage. On October 17, 2006, EPA
revised the primary and secondary 24-hour NAAQS for PM2.5
to 35 [micro]g/m\3\ and retained the existing annual
PM2.5 NAAQS of 15.0 [micro]g/m\3\ (71 FR 61236). On
January 15, 2013, EPA published a final rule revising the primary
annual PM2.5 NAAQS to 12 [micro]g/m\3\ (78 FR 3086).
---------------------------------------------------------------------------

    At this time, the Agency is not acting on changes included in the
July 18, 2011, submittal to the following regulations in South
Carolina's SIP: Regulation 61-62.1, Section I--``Definitions;''
Regulation 61-62.1, Section II--``Permit Requirements;'' Regulation 61-
62.3--``Air Pollution Episodes;'' Regulation 61-62.5, Standard No. 1--
``Emissions from Fuel Burning Operations;'' Regulation 61-62.5,
Standard No. 4--``Emissions from Process Industries;'' or Regulation
61-62.5, Standard No. 6--``Alternative Emission Limitation Options
(Bubble).'' EPA approved the changes to Regulation 61-62.5, Standard
No. 2--``Ambient Air Quality Standards,'' included in the July 18,
2011, submittal, on April 3, 2013 (78 FR 1994). EPA is not acting on
the changes included in the April 10, 2014,

submittal to the following regulations: Regulation 61-62.1, Section I--
``Definitions;'' Regulation 61-62.2--``Prohibition of Open Burning;''
Regulation 61-62.5, Standard No. 7--``Prevention of Significant
Deterioration,'' at paragraph (b)(32)(i)(a); \3\ or Regulation 61-
62.6--``Control of Fugitive Particulate Matter.'' EPA is not acting on
the changes included in the August 12, 2015, submittal to the following
regulations: Regulation 61-62.5, Standard No. 1--``Emissions from Fuel
Burning Operations,'' or Regulation 61-62.5, Standard No. 2--``Ambient
Air Quality Standards.'' Additionally, EPA is not acting on the changes
included in the January 20, 2016, submittal to the following
regulations: Regulation 61-62.1, Section II--``Permit Requirements;''
Regulation 61-62.5, Standard No. 5--``Volatile Organic Compounds;'' or
Regulation 61-62.6--``Control of Fugitive Particulate Matter.'' EPA
will address these proposed changes to the South Carolina SIP in a
separate action.
---------------------------------------------------------------------------

    \3\ The change to paragraph (b)(32)(i)(a) modifies the
definition of ``major stationary source'' to spell out the acronym
for ``NAICS'' as ``North American Industrial Classification System''
within the phrase ``except ethanol production facilities producing
ethanol by natural fermentation under the North American Industry
Classification System (NAICS) codes 325193 or 312140.'' EPA is not
taking action on this change because the phrase regarding ethanol
production facilities is not in the SIP. SC DHEC submitted the
original phrase regarding ethanol production facilities for approval
on April 14, 2009; however, EPA has not approved it into the SIP.
---------------------------------------------------------------------------

    The August 12, 2015, submittal includes a change to South
Carolina's NNSR regulation, Regulation 61-62.5, Standard No. 7.1 at
paragraph (d)(1)(C)(v)(b)(2) regarding the calculation of emission
offsets. However, this change had previously been submitted to EPA on
April 14, 2009, in response to a June 2, 2008, conditional approval of
the NNSR program revisions (73 FR 31368), and was approved on June 23,
2011 (76 FR 36875). Therefore, this change is not presently before EPA
for consideration.\4\ There are other changes to the NNSR regulation
included in the August 12, 2015, submittal that EPA is approving in
this action, as detailed in Section III of this preamble.
---------------------------------------------------------------------------

    \4\ South Carolina also submitted changes to Regulation 61-62.5,
Standard No. 7.1 regarding the calculation of emission offsets in a
June 17, 2013, SIP submittal. These changes, at paragraphs
(d)(1)(C)(v)(a)(2) and (3), were submitted to EPA on April 14, 2009,
along with the change to paragraph (d)(1)(C)(v)(b)(2) described
above, and were approved by EPA on June 23, 2011 (76 FR 36875).
Therefore, these changes are not presently before EPA for
consideration. All changes in the June 17, 2013, submittal regarding
NNSR have been addressed by EPA.
---------------------------------------------------------------------------

    EPA is not acting on the following changes originally included in
the August 12, 2015, submittal because they have been withdrawn from
EPA's consideration via a December 20, 2016, letter. The August 12,
2015, submittal originally included new language in Regulation 61-62.5,
Standard No. 7 at paragraphs (b)(30)(v) and (b)(34)(iii)(d) to exclude
fugitive emissions from the determination of creditable emission
increases and decreases. This submittal also originally included a
revision to the definition of ``best available control technology
(BACT)'' in Regulation 61-62.5, Standard No. 7 at paragraph (b)(8),
which reverted language in the definition to that included in a
previous version of the South Carolina regulations. Both sets of
revisions were withdrawn from EPA's consideration subsequent to the
August 12, 2015, final submittal in the December 20, 2016, letter.
Finally, a revision to the definition of ``net emissions increase'' in
Regulation 61-62.5, Standard No. 7 at paragraph (b)(34)(iii)(c) was
withdrawn in a June 27, 2017, letter. Both the December 20, 2016, and
June 27, 2017, letters are included in the docket for this action.

II. Background

    This direct final action will revise South Carolina's PSD and NNSR
regulations in the SIP as described in Section III, below. Many of
these changes are administrative in nature, including updating internal
references and correcting typographical errors. The July 18, 2011, SIP
revision also makes changes to the NNSR regulations to adopt provisions
from EPA's Phase 2 Rule for ozone nonattainment areas. The April 10,
2014, submittal makes changes to PSD regulations to reflect EPA's
PM2.5 Condensables Correction Rule. Background information
on these federal rules is provided below.

A. Phase 2 Rule

    Part of South Carolina's July 18, 2011, SIP submittal to revise its
NNSR regulations relates to EPA's Phase 2 Rule regarding updates to the
implementation of the 1997 8-hour Ozone NAAQS. On November 29, 2005,
EPA published the Phase 2 Rule, which addressed control and planning
requirements as they applied to areas designated nonattainment for the
1997 8-hour ozone NAAQS \5\ such as reasonably available control
technology, reasonably available control measures, reasonable further
progress, modeling and attainment demonstrations, NSR, and the impact
to reformulated gas for the 1997 8-hour ozone NAAQS transition (70 FR
71612). The NSR permitting requirements established in the rule
included the following provisions: (1) Recognized nitrogen oxides as an
ozone precursor for PSD purposes; (2) changes to the NNSR rules
establishing major stationary source thresholds (marginal, moderate,
serious, severe, and extreme nonattainment area classifications) and
significant emission rates for the 8-hour ozone, PM10, and
carbon monoxide NAAQS; and (3) revised the criteria for crediting
emission reductions credits from operation shutdowns and curtailments
as offsets, and changes to offset ratios for marginal, moderate,
serious, severe, and extreme ozone nonattainment areas. For additional
information on provisions in the Phase 2 Rule, see the November 29,
2005, final rule (70 FR 71612).
---------------------------------------------------------------------------

    \5\ On July 18, 1997, EPA promulgated a revised 8-hour ozone
NAAQS of 0.08 parts per million--also referred to as the 1997 8-hour
ozone NAAQS. On April 30, 2004, EPA designated areas as
unclassifiable/attainment, nonattainment, or unclassifiable for the
1997 8-hour ozone NAAQS. In addition, on April 30, 2004, as part of
the framework to implement the 1997 8-hour ozone NAAQS, EPA
promulgated an implementation rule in two phases (Phase I and II).
The Phase I Rule (effective on June 15, 2004), provided the
implementation requirements for designating areas under subpart 1
and subpart 2 of the CAA (69 FR 23951).
---------------------------------------------------------------------------

B. NSR PM2.5 Rule and PM2.5 Condensables
Correction Rule

    On May 16, 2008, EPA finalized the rule entitled ``Implementation
of the New Source Review (NSR) Program for Particulate Matter Less Than
2.5 Micrometers (PM2.5),'' Final Rule, 73 FR 28321 (May 16,
2008) (hereinafter referred to as the NSR PM2.5 Rule). The
NSR PM2.5 Rule revised the federal NSR program requirements
to establish the framework for implementing preconstruction permit
review for the PM2.5 NAAQS in both attainment and
nonattainment areas. South Carolina previously adopted most of the
provisions promulgated in the NSR PM2.5 Rule, as approved on
June 23, 2011 (76 FR 36875).
    In the NSR PM2.5 Rule, EPA revised the definition of
``regulated NSR pollutant'' for PSD to add a paragraph providing that
``particulate matter (PM) emissions, PM2.5 emissions, and
PM10 emissions'' must include gaseous emissions from a
source or activity which condense to form particulate matter at ambient
temperatures and that on or after January 1, 2011, such condensable
particulate matter must be accounted for in applicability
determinations and in establishing emissions limitations for PM,
PM2.5 and

PM10 in permits. See 73 FR 28348-49 (changes made to 40 CFR
51.166(b)(49)(vi), 52.21(b)(50)(vi), and 40 CFR part 51, Appendix S--
Emissions Offset Interpretative Ruling). A similar paragraph added to
the NNSR rule does not include the phrase ``particulate matter (PM)
emissions'' or the term ``PM''\6\ within the definition of ``regulated
NSR pollutant.'' See 73 FR 28347.
---------------------------------------------------------------------------

    \6\ The terms ``PM2.5'' and ``PM10''
remain in the definition.
---------------------------------------------------------------------------

    On October 25, 2012, EPA finalized a rulemaking to amend the
definition of ``regulated NSR pollutant'' promulgated in the NSR
PM2.5 Rule regarding the PM condensable provision at 40 CFR
51.166(b)(49)(vi), 52.21(b)(50)(i), and 40 CFR part 51, Appendix S--
``Emissions Offset Interpretative Ruling.'' 77 FR 65107. The rulemaking
simply removed the phrase ``particulate matter (PM) emissions'' and the
term ``PM'' from the definition of ``regulated NSR pollutant'' in these
rules thereby eliminating the inadvertent requirement in the NSR
PM2.5 Rule that the measurement of condensable ``particulate
matter (PM) emissions'' be included as part of the measurement and
regulation of condensable PM for the NAAQS. The phrase ``particulate
matter (PM) emissions'' includes particles that are larger than
PM2.5 and PM10 and is an indicator measured under
various New Source Performance Standards (NSPS) (40 CFR part 60).

III. Analysis of the State's Submittals

A. Submittal Dated July 18, 2011

    South Carolina's July 18, 2011, SIP revision made changes to the
PSD regulation, Regulation 61-62.5, Standard No. 7, to make internal
references consistent. These changes are made to Standard No. 7 at
paragraphs (q)(2) and (q)(3)--``Public participation;'' (r)(4)--
``Source obligation;'' and (w)(1)--``Permit rescission'' and were state
effective on May 27, 2011. EPA is approving these administrative edits
to the SIP.
    This SIP submittal also made changes to the NNSR regulation,
Regulation 61-62.5, Standard No. 7.1, at paragraph (c)(7)(A)(i),
adopting thresholds in the definition of ``major stationary source''
for different classifications of ozone nonattainment areas (as codified
at 40 CFR 51.165(a)(1)(iv)(A)(1)). These thresholds correspond to
precursors of ozone in ``serious'' and ``extreme'' nonattainment areas.
EPA is approving these changes to the NNSR regulations as consistent
with the Phase 2 Rule. South Carolina adopted other provisions
promulgated in the Phase 2 Rule previously, and EPA approved them into
the South Carolina SIP on June 2, 2008 (73 FR 31368) and June 23, 2011
(76 FR 36875).
    EPA has concluded that incorporating these change into the SIP will
not interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any other
applicable requirement of the CAA. The changes to Regulation 61-62.5,
Standard No. 7 are administrative in nature, and the changes to
Standard No. 7.1 increase the number of sources potentially subject to
NNSR permitting by establishing lower emissions thresholds.

B. Submittal Dated April 10, 2014

    South Carolina's April 10, 2014, SIP revision made changes to the
definitions in the PSD regulation, Regulation 61-62.5, Standard No. 7.
The only changes that EPA is adopting from the April 10, 2014,
submittal in this rulemaking are at paragraph (b)(44) regarding the
definition of ``regulated NSR pollutant.'' These changes were state
effective on December 27, 2013. This definition is revised to be
consistent with the PM2.5 Condensables Correction Rule,
detailed in Section II, above, by removing the phrase ``particulate
matter (PM) emissions'' and the term ``PM'' which were originally
included in the federal definition in error and by rearranging the
formatting structure of the definition.
    A March 14, 2011, SIP submittal adopted provisions promulgated in
the NSR PM2.5 Rule, as approved into the SIP on June 23,
2011 (76 FR 36875). This previous approval also adopted the phrase
``particulate matter (PM) emissions'' and the term ``PM'' as
promulgated in error in the PM2.5 NSR Rule. The April 10,
2014, submittal in effect only removes the problematic language to be
consistent with the current federal definition and rearranges the
definition because EPA approved the remaining changes to (b)(44) in the
June 23, 2011, action discussed above.
    In today's action, EPA is approving the changes that remove the
phrase ``particulate matter (PM) emissions'' and the term ``PM'' and
that rearrange the formatting structure of the definition for
consistency with the PM2.5 Condensables Correction Rule. EPA
has concluded that incorporating these change into the SIP will not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any other
applicable requirement of the CAA. The changes merely correct an
inadvertent error in the PSD regulations as discussed above.

C. Submittal Dated August 12, 2015

    The August 12, 2015, SIP revision modifies the definitions of
``baseline actual emissions'' and ``projected actual emissions'' in
Regulation 61-62.5, Standard No. 7 at paragraphs (b)(4)(i)(a),
(b)(4)(ii)(a), and (b)(41)(ii)(b) and in Standard No. 7.1 at paragraphs
(c)(2)(A)(i), (c)(2)(B)(i), and (c)(11)(B)(ii) to include emissions
associated with ``malfunctions'' in determining PSD and NNSR
applicability, respectively. These changes were state effective on June
26, 2015.
    EPA added malfunction emissions to the federal definitions of
``baseline actual emissions'' and ``projected actual emissions'' as
part of its NSR reform rules.\7\ In its July 1, 2005, SIP revision
addressing NSR reform, the State sought to exclude this change from its
SIP-approved PSD and NNSR regulations. The State's primary motivation
for seeking the exclusion was its belief that it would be difficult for
the regulated community to predict and quantify malfunction emissions
when estimating projected actual emissions. EPA conditionally approved
South Carolina's SIP revision on June 2, 2008 (73 FR 31368), noting in
the associated September 12, 2007, notice of proposed rulemaking (72 FR
52031) that the exclusion of malfunction emissions did not lessen the
stringency of the State's NSR program. South Carolina updated its
regulations in a submittal dated April 14, 2009, to satisfy the
conditional approval, resulting in a formal approval on June 23, 2011
(76 FR 36875).
---------------------------------------------------------------------------

    \7\ EPA published rules on December 31, 2002 (67 FR 80186),
November 7, 2003 (68 FR 63021), on June 13, 2007 (72 FR 32526),
revising the methodology for determining ``baseline actual
emissions'' among other things. Sometimes, these rules taken
together are referred to as ``NSR reform.'' For more information on
NSR reform, see https://www.epa.gov/nsr/nsr-regulatory-actions#nsrreform.
---------------------------------------------------------------------------

    South Carolina's August 12, 2015, submittal seeks to add
malfunction emissions to the definitions of ``baseline actual
emissions'' and ``projected actual emissions'' in its SIP-approved PSD
and NNSR regulations. The State retains the requirement that ``baseline
actual emissions'' exclude any non-compliant emissions that occur while
the source was operating above any emission limitation that was legally
enforceable during the 24-month period used to calculate baseline
emissions. EPA has concluded that incorporating these changes into the
SIP will not interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in section 171),
or any other applicable requirement of the CAA. The State is

requesting the change for consistency with the federal rules because
the discrepancy was causing confusion among the regulated community and
because the regulated community had not substantiated the State's
initial concerns regarding the potential difficulty in projecting
malfunction emissions. In its July 1, 2005, SIP submittal, the State
concluded that there would be no environmental benefit to excluding
malfunction emissions from the definitions at issue because the
inclusion of malfunction emissions in both baseline actual emissions
and projected actual emissions ``would cancel each other out because
they typically would be the same before and after a change.\8\'' In
correspondence associated with the August 12, 2015, submittal, the
State affirms that the exclusion has provided no environmental
benefit.\9\ Furthermore, EPA notes that there are no nonattainment
areas in South Carolina, and that air quality is below the NAAQS for
all criteria pollutants.\10\
---------------------------------------------------------------------------

    \8\ See South Carolina's July 1, 2005, SIP submittal which is
included in the docket for today's action.
    \9\ See email communication from Elizabeth Basil, SC DHEC, to
Brad Akers, EPA Region 4 dated September 1, 2016, included in the
docket for this action.
    \10\ Air quality design values for all criteria air pollutants
are available at: https://www.epa.gov/air-trends/air-quality-design-values.
---------------------------------------------------------------------------

    The August 12, 2015, submittal made other changes to the PSD
regulation, Regulation 61-62.5, Standard No. 7, to correct
typographical errors, clarify certain provisions, and mirror Federal
provisions. These changes are made to the following paragraphs:
(a)(2)(iv)(f) Regarding ``Applicability procedures;'' (b)(5)(ii)(b),
(b)(32)(i)(a), and (b)(34)(vi)(c) regarding the definitions of
``baseline area,'' ``major stationary source,'' and ``net emissions
increase,'' respectively; (i)(8)(ii) and (i)(10)--``Exemptions;''
(m)(1)(i)(a) regarding ``Air quality analysis;'' (n)(1) regarding
``Source information;'' (u)(4) regarding class III areas; and
(aa)(6)(ii) and (aa)(8)(ii)(b)(2) regarding ``Actuals [Plantwide
Applicability Limits] PALs.'' The August 12, 2015, submittal made other
changes to the NNSR regulation, Regulation 61-62.5, Standard No. 7.1,
at paragraph (i)(6)(ii) regarding ``Actuals PALs'' for consistency with
Federal regulations. EPA is approving these changes to the SIP with the
exception of the change to Regulation 61-62.5, Standard No. 7,
paragraph (b)(32)(i)(a) as noted in Section I, above. EPA has concluded
that incorporating these changes into the SIP will not interfere with
any applicable requirement concerning attainment and reasonable further
progress (as defined in section 171), or any other applicable
requirement of the CAA. These changes are primarily administrative and
do not substantively impact applicability requirements or emissions
from subject units.

D. Submittal Dated January 20, 2016

    The January 20, 2016, submittal made changes to the NNSR
regulation, Regulation 61-62.5, Standard No. 7.1, only to correct
typographical errors and to make internal references consistent. These
changes, state effective on November 27, 2015, are made to paragraphs
(c)(6)(C)(v)(a) and (c)(7)(A)(i)(d) regarding the definitions of
``major modification'' and ``major stationary source;'' and paragraph
(d)(1)(C)(viii) regarding ``Permitting requirements.'' EPA is approving
these changes to the SIP. EPA has concluded that incorporating these
changes into the SIP will not interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of the CAA because
the changes are administrative in nature.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the SC DHEC
regulatory paragraphs identified above in Section III within SC DHEC
Regulation No. 61-62.5, Standard No. 7, entitled ``Prevention of
Significant Deterioration,'' state effective on May 27, 2011
(paragraphs identified in Section III.A, above), December 27, 2013
(paragraphs identified in Section III.B, above), and June 26, 2015
(paragraphs identified in Section III.C, above), and the SC DHEC
regulatory paragraphs identified above in Section III within Standard
No. 7.1, entitled ``Nonattainment New Source Review,'' state effective
on May 27, 2011 (paragraphs identified in Section III.A, above), June
26, 2015 (paragraphs identified in Section III.C, above), and November
27, 2015 (paragraphs identified in Section III.D, above). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\11\ EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 4 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
---------------------------------------------------------------------------

    \11\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Final Action

    EPA is approving the changes to the SIP identified in Section III,
above, because they are consistent with the CFR and the CAA. EPA is
publishing this rule without prior proposal because the Agency views
this as a noncontroversial submittal and anticipates no adverse
comments. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the SIP revision should adverse
comments be filed. This rule will be effective October 10, 2017 without
further notice unless the Agency receives adverse comments by September
11, 2017.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All adverse comments received will then be addressed
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on October 10, 2017 and no
further action will be taken on the 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.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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 approves state law as meeting federal requirements and
does not impose additional requirements beyond

those imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 direct final action for the State of South
Carolina does not have Tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because it does not have
substantial direct effects on an Indian Tribe. The Catawba Indian
Nation Reservation is located within the state of South Carolina.
Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann.
27-16-120, ``all state and local environmental laws and regulations
apply to the [Catawba Indian Nation] and Reservation and are fully
enforceable by all relevant state and local agencies and authorities.''
EPA notes this action will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
    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. EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 10, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Volatile
organic compounds.

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

    Dated: July 26, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart PP--South Carolina

0
2. Section 52.2120(c) is amended by revising entries under Regulation
No. 62.5 for ``Standard No. 7'' and ``Standard No. 7.1'' and by
revising footnote 1 to the table to read as follows:

Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                            State effective    EPA  approval   Federal Register
         State citation               Title/subject              date              date             Notice
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Standard No. 7.................  Prevention of            June 26, 2015 \1\.       8/10/2017  [Insert citation
                                  Significant                                                  of publication]
                                  Deterioration.
Standard No. 7.1...............  Nonattainment New        November 27, 2015        8/10/2017  [Insert citation
                                  Source Review.           \1\.                                of publication]

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ EPA did not take action on the version of Regulation 61-62.5, Standard No. 7, paragraph (b)(32)(i)(a) state
  effective on December 27, 2013, included in a SIP revision submitted by the State on April 10, 2014, because
  this version contains changes to a phrase regarding ethanol production facilities that is not in the SIP.
  South Carolina submitted a SIP revision on April 14, 2009, that includes the phrase ``except ethanol
  production facilities producing ethanol by natural fermentation under the North American Industry
  Classification System (NAICS) codes 325193 or 312140,'' as amended in the Ethanol Rule (72 FR 24060 (May 1,
  2007)), at Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and at Standard No.
  7.1, paragraphs (c)7(C)(xx) and (e)(T). EPA has not taken action to approve that portion of the April 14,
  2009, SIP revision and incorporate this phrase into the SIP. The version of Standard No. 7, paragraphs
  (b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and Standard No. 7.1, paragraphs (c)(7)(C)(xx) and (e)(T)
  was state effective on June 24, 2005 and conditionally approved by EPA on June 2, 2008 (73 FR 31369), and were
  fully approved on June 23, 2011 (76 FR 36875).

* * * * *
[FR Doc. 2017-16810 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P