[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Notices]
[Page 6720]
[FR Doc No: 2023-02088]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14421-004]

Freedom Falls, LLC; TLK Real Estate Holdings, LLC; Notice of
Transfer of Exemption

    1. On January 3, 2023, Freedom Falls, LLC, exemptee for the 50-
kilowatt Freedom Falls Hydroelectric Project No. 14421, filed a letter
notifying the Commission that the project was transferred from Freedom
Falls, LLC to TLK Real Estate Holdings, LLC. The exemption from
licensing was originally issued on March 25, 2013.\1\ The project is
located on Sandy Stream, Waldo County, Maine. The transfer of an
exemption does not require Commission approval.
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    \1\ Freedom Falls, LLC, 142 FERC ] 62,243 (2013).
---------------------------------------------------------------------------

    2. TLK Real Estate Holdings, LLC is now the exemptee of the Freedom
Falls Hydroelectric Project No. 14421. All correspondence must be
forwarded to Mr. Michael Dutton, Member, TLK Real Estate Holdings, LLC,
22 Mill Street, Freedom, ME 04941, Phone:<PHONE_NUMBER>, Email:
[email protected].

    Dated: January 26, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-02088 Filed 1-31-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Rules and Regulations]
[Pages 13157-13159]
[FR Doc No: 2021-03478]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0811; Product Identifier 2019-CE-055-AD; Amendment
39-21431; AD 2021-04-10]
RIN 2120-AA64

Airworthiness Directives; Textron Aviation, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Textron Aviation Inc. (Textron) (type certificate previously
held by Cessna Aircraft Company) Models 208 and 208B airplanes. This AD
was prompted by reports of loose elevator torque tube attach fasteners.
This AD requires repetitively inspecting the inboard and outboard
elevator torque tube attachments for loose or incorrectly installed
fasteners, replacing all fasteners if loose or incorrectly installed
fasteners are found, and reporting the inspection results to the FAA.
This AD also includes optional actions to terminate the repetitive
inspections. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective April 12, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 12,
2021.

ADDRESSES: For service information identified in this final rule,
contact Textron Aviation Inc., One Cessna Boulevard, Wichita, KS 67215;
phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>website:
https://support.cessna.com. You may view this service information at
the FAA, Airworthiness Products Section, Operational Safety Branch, 901
Locust St., Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0811.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0811; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Bobbie Kroetch, Aviation Safety
Engineer, Wichita ACO Branch, FAA, 1801 Airport Road, Wichita, KS
67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>or 4a1d232922233e2b670905190a2c2b2b642d253c.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Textron (type
certificate previously held by Cessna Aircraft Company) Models 208 and
208B airplanes. The NPRM published in the Federal Register on September
22, 2020 (85 FR 59457). The NPRM was prompted by reports of loose
elevator torque tube attach fasteners on low flight time Textron Model
208B airplanes. Textron identified a quality escape affecting certain
serial-numbered Model 208 and 208B airplanes. Fastener holes in the
inboard and outboard elevator torque tube connections may have been
oversized and fasteners at the inboard and outboard torque tube
connections may have been installed incorrectly.
    In the NPRM, the FAA proposed to require repetitively inspecting
the inboard and outboard elevator torque tube attachments for loose or
incorrectly installed fasteners, replacing all fasteners if loose or
incorrectly installed fasteners are found, and reporting the inspection
results to the FAA. The NPRM also proposed optional actions to
terminate the repetitive inspections. This condition, if not addressed,
could result in failure of the elevator torque tube fasteners, leading
to loss of elevator control and loss of controlled flight. The FAA is
issuing this AD to address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. This AD is
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Task 27-30-00-290, Left and Right Elevator Torque
Tube Attach Points (Borescope) Special Detailed Inspection, dated
October 1, 2018, of the Cessna Model 208 Maintenance Manual (Task 27-
30-00-290). This service information contains procedures for performing
a detailed borescope inspection of the left and right elevator torque
tube attach points. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in ADDRESSES.

Other Related Service Information

    The FAA also reviewed Textron Aviation Mandatory Caravan Service
Bulletin CAB-27-06, dated October 14, 2019 (CAB-27-06). This service
information contains instructions for visually inspecting the left and
right elevator torque tube attach points for the presence of loose
rivets and replacing loose or incorrectly installed rivets.

Differences Between This AD and the Service Information

    Task 27-30-00-290 only specifies replacing loose fasteners. This AD
requires replacement of all 48 fasteners if any single inboard or
outboard elevator torque tube attach fastener is found loose or
incorrectly installed. The FAA determined based on field evidence that
identification of one loose fastener often indicates other fasteners
may be affected.
    CAB-27-06, which is not incorporated by reference in this AD,
specifies performing an initial inspection within 800 flight hours or
12 months from date of receipt, whichever occurs first. This AD
requires an initial inspection before the airplane accumulates 800
hours time-in-service (TIS) or within 200 hours TIS after the AD
effectivity date, whichever occurs later.
    CAB-27-06 also specifies, without sufficient data, that an
inspection is not required for airplanes that have reached 4,000 hours.
The FAA determined an inspection of high-time airplanes is necessary to
verify whether these airplanes are affected. This AD requires a one-
time visual inspection for airplanes that have already accumulated
4,000 hours TIS.

Costs of Compliance

    The FAA estimates that this AD affects 232 airplanes of U.S.
registry.

    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on  U.S.
             Action                  Labor cost           Parts cost         Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  1 work-hour x $85  Not applicable........  $85 per            $19,720 per
                                  per hour = $85.                            inspection cycle.  inspection
                                                                                cycle.
Reporting Requirement..........  1 work-hour x $85  Not applicable........  $85 per report...  $19,720 per
                                  per hour = $85.                                               report.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The FAA has no way of determining the number of airplanes
that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Fastener Replacement: All 48 Fasteners........  16 work-hours x $85 per hour =               $10          $1,370
                                                 $1,360.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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.
    The FAA is 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

    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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

    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 FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-04-10 Textron Aviation, Inc. (Type Certificate Previously Held
by Cessna Aircraft Company): Amendment 39-21431; Docket No. FAA-
2020-0811; Product Identifier 2019-CE-055-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective April 12, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Textron Aviation Inc. (Textron) (type
certificate previously held by Cessna Aircraft Company) Model 208
airplanes, serial numbers 20800564 through 20800594 and 20800603
through 20800605; and Model 208B airplanes, serial numbers 208B5141
through 208B5285, 208B5287 through 208B5305, 208B5307 through
208B5312, 208B5314, 208B5316 through

208B5344, 208B5346 through 208B5350, 208B5353, 208B5354, 208B5356
through 208B5359, 208B5362 through 208B5366, 208B5401, 208B5403,
208B5404, and 208B5408; certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5520, Elevator
Structure.

(e) Unsafe Condition

    This AD was prompted by reports of loose elevator torque tube
attach fasteners. The FAA is issuing this AD to detect and correct
loosening and eventual failure of the elevator torque tube attach
fasteners. The unsafe condition, if not addressed, could result in
loss of elevator control, resulting in loss of control of the
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection and Fastener Replacement

    (1) At the following compliance times, inspect each inboard and
outboard elevator torque tube attach fastener for looseness and
fretting by following sections 2.C. and 2.D. of Task 27-30-00-290,
Left and Right Elevator Torque Tube Attach Points (Borescope)
Special Detailed Inspection, dated October 1, 2018, of the Cessna
Model 208 Maintenance Manual. You must also inspect for incorrectly
installed fasteners.
    (i) For airplanes that have accumulated less than 800 hours
time-in-service (TIS) as of the effective date of this AD, complete
the initial inspection before the airplane accumulates 800 hours TIS
or within 200 hours TIS after the effective date of the AD,
whichever occurs later. Thereafter, repeat the visual inspection at
intervals not to exceed 200 hours TIS until the airplane has
accumulated 4,000 hours TIS or until all 48 elevator torque tube
attach fasteners are replaced, whichever occurs first.
    (ii) For airplanes that have accumulated 800 or more hours TIS
but less than 4,000 hours TIS as of the effective date of this AD,
complete the initial inspection within 200 hours TIS after the
effective date of the AD. Thereafter, repeat the visual inspection
at intervals not to exceed 200 hours TIS until the airplane has
accumulated 4,000 hours TIS or until all 48 elevator torque tube
attach fasteners are replaced, whichever occurs first.
    (iii) For airplanes that have accumulated 4,000 or more hours
TIS as of the effective date of this AD, complete a one-time visual
inspection within 200 hours TIS after the effective date of the AD.
No repetitive inspections are required after completion of the one-
time visual inspection.
    (2) If there are any loose, fretting, or incorrectly installed
fasteners, remove the elevator and replace all 48 elevator torque
tube attach fasteners (24 per side, with 12 each on the inboard and
outboard elevator torque tube attach point) before further flight.
Maintain proper alignment by marking each part prior to removal and
by replacing one fastener at a time. Replacing all 48 fasteners is
terminating action for the repetitive inspections required by
paragraphs (g)(1)(i) and (ii) of this AD.
    (3) If all 48 fasteners were replaced before the effective date
of this AD by following the instructions in paragraph (g)(2) of this
AD, then the initial and recurring inspections detailed in paragraph
(g)(1) of this AD are not required provided you report the
information required by paragraph (h) of this AD.

(h) Reporting Requirement

    Within 30 days after doing the initial inspection (regardless if
loose, fretting, or incorrectly installed fasteners were found) or
within 30 days after the effective date of this AD, whichever occurs
later, and then within 30 days after each inspection where loose,
fretting, or incorrectly installed fasteners were found, report the
following information to the FAA at<EMAIL_ADDRESS>    (1) Name and address of owner.
    (2) Date of the inspection.
    (3) Name, address, phone number, and email address of person
submitting the report.
    (4) Airplane serial number, registration number, and total hours
TIS on the airplane at the time of the inspection.
    (5) If an earlier inspection identified loose, fretting, or
incorrectly installed fasteners, identify the hours TIS on the
airplane and which fasteners were replaced, if known, or if all
fasteners were replaced.
    (6) If loose, fretting, or incorrectly installed fasteners were
found, detailed information including a sketch or picture showing
the location of the loose, fretting, or incorrectly installed
fasteners and identification of any installed supplemental type
certificates (STCs), alterations, repairs, or field approvals
affecting the area of concern.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in the Related Information section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    For more information about this AD, contact Bobbie Kroetch,
Aviation Safety Engineer, Wichita ACO Branch, FAA, 1801 Airport
Road, Wichita, KS 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>or 9dcaf4fef5f4e9fcb0ded2ceddfbfcfcb3faf2eb.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Task 27-30-00-290, Left and Right Elevator Torque Tube
Attach Points (Borescope) Special Detailed Inspection, dated October
1, 2018, of the Cessna Model 208 Maintenance Manual.
    (ii) [Reserved]
    (3) For Textron Aviation, Inc. service information identified in
this AD, contact Textron Aviation Inc., One Cessna Boulevard,
Wichita, KS 67215; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>website: https://support.cessna.com.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust St., Kansas
City, MO 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this 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, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-03478 Filed 3-5-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Rules and Regulations]
[Pages 39537-39541]
[FR Doc No: 2017-17240]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0387; FRL-9966-34-Region 4]

Air Plan Approval; SC: Miscellaneous Revisions to Multiple Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve changes to the South Carolina State
Implementation Plan (SIP) to revise several miscellaneous rules,
covering definitions, source tests, credible evidence, open burning,
air pollution episodes, and fugitive particulate matter. 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,
June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and
July 27, 2016. These actions are being taken pursuant to the Clean Air
Act.

DATES: This direct final rule is effective October 20, 2017 without
further notice, unless EPA receives adverse comment by September 20,
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-2017-0387 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?

    On July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014,
January 20, 2016, and July 27, 2016, SC DHEC submitted SIP revisions to
EPA for approval that involve changes to South Carolina's SIP
regulations to add definitions, make administrative and clarifying
amendments, and correct typographical errors. These SIP submittals make
changes to several air quality rules in South Carolina Code of
Regulations Annotated (S.C. Code Ann. Regs.). The changes EPA is
approving into the SIP in this action modify portions of Regulation 61-
62.1 ``Definitions and General Requirements'' at Section I--
``Definitions,'' Regulation 61-62.1, Section IV--``Source Tests,''
Regulation 61-62.1, Section V--``Credible Evidence.'' EPA is also
approving changes to Regulation 61-62.2--``Prohibition of Open
Burning,'' Regulation 61-62.3--``Air Pollution Episodes'' at Section
I--``Episode Criteria'' and Regulation 61-62.6--``Control of Fugitive
Particulate Matter'' at Section I--``Control of Fugitive Particulate
Matter in Non-Attainment Areas'' and Section III--``Control of Fugitive
Particulate Matter Statewide.''
    At this time, EPA is not acting on the changes detailed in Table 1
below. EPA will address all remaining changes to the South Carolina SIP
as listed above in a separate action.
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    \1\ In its July 18, 2011, submittal, South Carolina is removing
and reserving its program for setting alternative emission limits at
Regulation 61-62.5, Standard No. 6 ``Alternative Emission Limitation
Options (Bubble).'' This change is not presently before EPA because
we rescinded the original approval of this regulation and
disapproved a further revision to the regulation on March 8, 1995
(60 FR 12700). The 1995 action disapproving a SIP revision and
rescinding approval of the adoption of the regulation into the SIP
was based on EPA's analysis that the rule did not meet EPA's
Emissions Trading Policy Statement, Economic Incentive Program
rules, nor the CAA amendments of 1990, and a March 24, 1994, request
for disapproval from SC DHEC. Therefore, Regulation 61-62.5,
Standard No. 6 is no longer part of the federally approved SIP, and
this revision to remove and reserve the existing regulation is not
before EPA for consideration. However, on May 7, 2002, EPA
inadvertently approved a revision to Regulation 61-62.5, Standard
No. 6 to correct typographical errors (67 FR 30594). This action was
done in error since the original adoption of the Regulation was
rescinded on March 8, 1995 (60 FR 12700). EPA will address the error
and the incorporation by reference of Regulation 61-62.5, Standard
No. 6 at 40 CFR 52.2120(c) in another action.

                              Table 1--Other Portions of South Carolina Submittals
----------------------------------------------------------------------------------------------------------------
            Submittal                   Regulation                                Status
----------------------------------------------------------------------------------------------------------------
July 18, 2011....................  Regulation 61-62.1,   EPA will evaluate in a separate action.
                                    Section II.
July 18, 2011....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 1.
July 18, 2011....................  Regulation 61-62.5,   Approved April 3, 2013 (78 FR 19994).
                                    Standard No. 2.
July 18, 2011....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 4.
July 18, 2011....................  Regulation 61-62.5,   Not part of the SIP.\1\
                                    Standard No. 6.
June 17, 2013....................  Regulation 61-62.1,   EPA will evaluate in a separate action.
                                    Section II.
June 17, 2013....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 4.
June 17, 2013....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 5.
April 10, 2014...................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 7.
August 8, 2014...................  Regulation 61-62.1,   EPA will evaluate in a separate action.
                                    Section II.
August 8, 2014...................  Regulation 61-62.1,   Approved June 12, 2015 (80 FR 33413) and May 31, 2017
                                    Section III.          (82 FR 24851).
August 8, 2014...................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 1.
August 8, 2014...................  Regulation 61-62.5,   Approved April 3, 2013 (78 FR 19994).
                                    Standard No. 4.
January 20, 2016.................  Regulation 61-62.1,   EPA will evaluate in a separate action.
                                    Section II.
January 20, 2016.................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 5.
January 20, 2016.................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 7.1.
July 27, 2016....................  Regulation 61-62.1,   EPA will evaluate in a separate action.
                                    Section II.
July 27, 2016....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 4.
July 27, 2016....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 5.2.
----------------------------------------------------------------------------------------------------------------

II. Analysis of South Carolina's Submittals

A. Regulation 61-62.1, Section I--``Definitions''

    South Carolina is amending its list of applicable definitions
related to the regulation of air quality at Regulation 61-62.1, Section
I--``Definitions.'' The July 18, 2011, submittal makes several changes
to the definitions as follows: (1) Adds a definition for ``CAA [Clean
Air Act];'' (2) adds definitions for ``PM2.5,'' or fine
particulate matter with an aerodynamic diameter less than or equal to a
nominal 2.5 micrometers, and ``PM2.5 emissions;'' (3)
revises the definition of ``fugitive emissions'' to match the federal
definition at 40 CFR 51.165(a)(1)(ix), 40 CFR 51.166(b)(20), and 40 CFR
52.21(b)(20); and (4) makes other clarifying and administrative edits
to definitions throughout the Section, including renumbering. The June
17, 2013, submittal further revises the definitions to make several
administrative edits only.
    The April 10, 2014, submittal makes one revision to the definitions
at Regulation 61-62.1, Section I.94.--``Volatile Organic Compound
(VOC),'' to add a compound to the list of compounds determined to have
negligible photochemical reactivity and therefore exempted from being
considered a VOC, consistent with the federal definition. This revision
in the April 10, 2014, submittal is superseded by another revision to
the definition of VOC at I.94. in the August 8, 2014, submittal. This
submittal changes the format of the definition of VOC at I.99.,
renumbered from I.94., to incorporate by reference the list of
compounds exempted from the federal definition by making an explicit
reference to the federal definition at 40 CFR 51.100(s). The August 8,
2014, submittal goes on to revise Section I by: (1) Adding definitions
for ``Code of Federal Regulations (CFR),'' ``NAICS [North American
Industrial Classification System] Code,'' and ``SIC [Standard
Industrial Classification] Code;'' and (2) making administrative
changes throughout.
    Finally, the July 27, 2016, submittal makes subsequent revisions to
Section I to add the definition of ``emission'' and makes
administrative edits throughout. EPA has reviewed the changes made to
South Carolina's definitions and is approving the aforementioned
changes to Regulation 61-62.1, Section I into the SIP pursuant to CAA
section 110.

B. Regulation 61-62.1, Section IV--``Source Tests''

    South Carolina is amending its rules covering source testing at
Regulation 61-62.1, Section IV--``Source Tests.'' Federal implementing
regulations at 40 CFR 51.212--``Testing, inspection, enforcement, and
complaints,'' require, among other things, that the SIP must provide
for ``periodic testing and inspection of stationary sources.''
    The June 17, 2013, submittal revises the rule to make an
administrative edit only. The August 8, 2014, submittal further revises
the rule as follows: (1) Adds an additional requirement for site-
specific test plans to account for procedures for obtaining, analyzing,
and reporting source test audit samples and results; (2) adds language
to provide more prescriptive requirements for notifications of testing;
(3) adds language to specify that where federal regulation requires
specific certification for conducting source tests, the individuals
conducting the tests will meet that requirement; (4) removes language
stating SC DHEC would provide audit samples to sources for required
audits; (5) adds language stating that sources must purchase samples
from an audit sample provider where commercially available, and
including procedures for the source audits, consistent with federal
rulemakings on stationary source auditing; \2\ (6) adds language to
specify additional information required for the required source test
report; and (7) makes administrative changes throughout the Section.
---------------------------------------------------------------------------

    \2\ See EPA rulemakings on September 13, 2010 (75 FR 55636) and
March 28, 2011 (76 FR 17288) for more details.
---------------------------------------------------------------------------

    EPA has reviewed the changes made to South Carolina's rules for
source testing and is approving the aforementioned changes to
Regulation 61-62.1, Section IV into the SIP pursuant to CAA section
110.

C. Regulation 61-62.1, Section V--``Credible Evidence''

    South Carolina is making a minor change to its rules covering
credible evidence at Regulation 61-62.1, Section IV--``Source Tests.''
Federal implementing regulations at 40 CFR 51.212--``Testing,
inspection, enforcement, and complaints,'' require, among other things,
that the SIP must not ``preclude the use, including the exclusive use,
of any credible evidence or information, relevant to whether a source
would have been in compliance with applicable requirements if the
appropriate performance or compliance test or procedure had been
performed.'' SC DHEC's SIP-approved provisions at Regulation 61-62.1,
Standard V clarify State authority for enforcement and compliance
certification and asserts that credible evidence is data that may be
used to determine compliance or noncompliance with applicable emission
limits.
    The August 8, 2014, submittal revises the regulation to make an
administrative edit for consistency in internal citations only. EPA has
reviewed the changes made to South Carolina's rules for credible
evidence and is approving the aforementioned change to Regulation 61-
62.1, Section V into the SIP pursuant to CAA section 110.

D. Regulation 61-62.2--``Prohibition of Open Burning''

    South Carolina is making a minor change to its rules covering open
burning at Regulation 61-62.2--``Prohibition of Open Burning.'' South
Carolina's SIP-approved regulation prohibits open burning except in
limited circumstances. The April 10, 2014, submittal revises the
regulation to make an administrative edit to a referenced manual only.
EPA has reviewed the changes made to South Carolina's rules for open
burning and is approving the aforementioned change to Regulation 61-
62.2 into the SIP pursuant to CAA section 110.

E. Regulation 61-62.3--``Air Pollution Episodes''

    South Carolina is making minor changes to its rules covering air
pollution episodes at Regulation 61-62.3--``Air Pollution Episodes.''
South Carolina's SIP-approved regulation defines classifications of
high air pollution for public notification and outlines emission
reduction plans corresponding to the different classifications. The
July 18, 2011 and June 17, 2013, submittals revise the regulation at
Section I--``Episode Criteria'' to make administrative edits to
formatting and correct a typographical error only. EPA has reviewed the
changes made to South Carolina's rules for air pollution episodes and
is approving the aforementioned change to Regulation 61-62.3 into the
SIP pursuant to CAA section 110.

F. Regulation 61-62.6--``Control of Fugitive Particulate Matter''

    South Carolina is making minor changes to its rules covering
fugitive particulate matter at Regulation 61-62.6--``Control of
Fugitive Particulate Matter.'' South Carolina's SIP-approved regulation
describes procedures for properly controlling the release of fugitive
particulate matter in nonattainment areas for particulate matter-
related standards, in areas with ambient air quality concentrations at
or near primary standards, and generally applicable to all areas in the
state. The April 10, 2014 submittal makes changes to Section I--
``Control of Fugitive Particulate Matter in Non-Attainment Areas'' and
Section III--``Control of Fugitive Particulate Matter Statewide'' to
make administrative edits only. The January 20, 2016 submittal makes a
subsequent administrative edit to Section I--``Control of Fugitive
Particulate Matter in Non-Attainment Areas'' only. EPA has reviewed the
changes made to South Carolina's rules for controlling fugitive
particulate matter and is approving the aforementioned change to
Regulation 61-62.6 into the SIP pursuant to CAA section 110.

III. 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 following
South Carolina Regulations: Regulation 61-62.1, Section I--
``Definitions,'' effective June 24, 2016, which revises definitions
applicable to the SIP; Regulation 61-62.1, Section IV--``Source
Tests,'' effective June 27, 2014, which revises requirements for
stationary source testing; Regulation 61-62.1, Section V--``Credible
Evidence,'' effective June 27, 2014, which revises formatting for
consistency; Regulation 61-62.2--``Prohibition of Open Burning,''
effective December 27, 2013, which revises formatting for consistency;
Regulation 61-62.3, Section I--``Episode Criteria,'' effective April
26, 2013, which makes administrative edits to regulations prescribing
air quality episodes; Regulation 61-62.6, Section I--``Control of
Fugitive Particulate Matter in Non-Attainment Areas,'' effective
November 27, 2015, which revises formatting; and Regulation 61-62.6,
Section III--``Control of Fugitive Particulate Matter Statewide,''
effective December 27, 2013, which makes administrative language
changes for consistency. Therefore, these materials have been approved
by EPA for inclusion in the State implementation plan, 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.\3\ 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).
---------------------------------------------------------------------------

    \3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    EPA is approving the aforementioned changes to the South Carolina
SIP, submitted on July 18, 2011, June 17, 2013, April 10, 2014, August
8, 2014, January 20, 2016, and July 27, 2016 because they are
consistent with the CAA and federal regulations. 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 20, 2017 without further
notice unless the Agency receives adverse comments by September 20,
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 20, 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.

V. 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 South Carolina portion of the
bi-state Charlotte Area. 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 20, 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, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: August 4, 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:
0
A. Under Regulation No. 62.1 revise the entries for ``Section I,''
``Section IV,'' and ``Section V,''
0
B. Revise Regulation No. 62.2,
0
C. Under Regulation No. 62.3, revise the entry for ``Section I,'' and
0
D. Under Regulation No. 62.6, revise ``Section I'' and ``Section III''.
    The revisions read as follows:

Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

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

                                                  * * * * * * *
Section I..........  Definitions.......       6/24/2016       8/21/2017  [Insert citation of publication].

                                                  * * * * * * *
Section IV.........  Source Tests......       6/27/2014       8/21/2017  [Insert citation of publication].

                                                  * * * * * * *
Section V..........  Credible Evidence.       6/27/2014       8/21/2017  [Insert citation of publication].

                                                  * * * * * * *
Regulation No. 62.2  Prohibition of          12/27/2013       8/21/2017  [Insert citation of publication].
                      Open Burning.

                                                  * * * * * * *
Section I..........  Episode Criteria..       4/26/2013       8/21/2017  [Insert citation of publication].

                                                  * * * * * * *
Section I..........  Control of              11/27/2015       8/21/2017  [Insert citation of publication].
                      Fugitive
                      Particulate
                      Matter in Non-
                      Attainment Areas.

                                                  * * * * * * *
Section III........  Control of              12/27/2013       8/21/2017  [Insert citation of publication].
                      Fugitive
                      Particulate
                      Matter Statewide.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-17240 Filed 8-18-17; 8:45 am]
BILLING CODE 6560-50-P