12902 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Proposed Rules 

date will be considered before taking 

action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

comment closing date. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRM 

An electronic copy of this document 

may be downloaded through the 

internet at https://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at https://

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Operations Support Group, Western 

Service Center, Federal Aviation 

Administration, 2200 South 216th St., 

Des Moines, WA 98198. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, 

dated August 10, 2021, and effective 

September 15, 2021. FAA Order JO 

7400.11F is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order JO 7400.11F lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

Background 

The aviation industry/users have 

indicated a desire for the FAA to 

transition the Alaskan en route 

navigation structure away from the 

dependency on NDBs. The advances in 

technology have allowed for alternate 

navigation methods to support 

decommissioning of high cost ground 

navigation equipment. The FAA has 

included Point Lay, AK, NDB on the 

schedule to be decommissioned. A nonrulemaking study was conducted in 

2021 and the FAA received no 

objections to the removal of the NDB. 

Colored Federal airway G–18 is 

dependent upon PIZ and will result in 

the airway being unusable once the 

decommissioning occurs. The FAA is 

proposing to revoke G–18 as a result. 

Currently, to mitigate the loss of G–18, 

pilots can utilize United States Air 

Navigation (RNAV) routes T–228, T– 

277, and VHF Omnidirectional Radar 

(VOR) Federal airway V–506 to 

navigate. In the future, the FAA will 

propose a RNAV route to take the place 

of G–18. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to revoke Colored 

Federal airway G–18 due to the 

decommissioning of PIZ in the vicinity 

of Point Lay, AK. 

Colored Federal Airway G–18 

currently navigates between the 

Hotham, AK, NDB via PIZ, to the 

Atqasuk, AK, NDB. The FAA proposes 

to revoke G–18 in its entirety. 

Colored Federal airways are 

published in paragraph 6009(a) of FAA 

Order JO 7400.11F dated August 10, 

2021 and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The Colored Federal airway 

listed in this document would be 

published subsequently in FAA Order 

JO 7400.11. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6009(a) Colored Federal 

Airways. 

* * * * * 

G–18 [Remove] 

* * * * * 

Issued in Washington, DC, on March 2, 

2022. 

Michael R. Beckles, 

Manager, Rules and Regulations Group. 

[FR Doc. 2022–04722 Filed 3–7–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0445; FRL–9621–01– 

R4] 

Air Plan Approval; SC; 2018 General 

Assembly Miscellaneous Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

portion of a State Implementation Plan 

(SIP) revision submitted by the State of 

South Carolina, through the South 

Carolina Department of Health and 

Environmental Control (SC DHEC or 

Department), on April 24, 2020. The SIP 

revision updates the numbering and 

formatting of South Carolina’s 

regulations applicable to emissions 

inventories, emissions statements, and 


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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Proposed Rules 12903 

1The April 24, 2020, submittal from SC DHEC 

includes other updates and revisions as well. EPA 

previously acted on Section 1—Definitions of South 

Carolina Regulation 61–62.1. See 86 FR 59641 

(October 28, 2021). EPA has not taken action on 

Section II—Permit Requirements and Section IV— 

Source Tests of the South Carolina Regulation 61– 

62.1. EPA will address these other provisions in 

separate action. 

credible evidence. EPA is proposing to 

approve these changes pursuant to the 

Clean Air Act (CAA or Act) and 

implementing federal regulations. 

DATES: Comments must be received on 

or before April 7, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2020–0445 at 

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 a 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 

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

9088. Ms. Bell can also be reached via 

electronic mail at bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What is EPA proposing? 

On April 24, 2020, SC DHEC 

submitted a SIP revision to EPA for 

approval that includes changes to South 

Carolina Regulation 61–62.1— 

Definitions and General Requirements. 

In this notice, EPA is proposing to 

incorporate into South Carolina’s SIP 

updates to Section III—Emissions 

Inventory and Emissions Statements 

and Section V—Credible Evidence of 

South Carolina Regulation 61–62.1.1 1

EPA is proposing to approve these 

changes because they meet the 

requirements of and are consistent with 

the CAA. 

II. Analysis of State’s Submittal 

As mentioned above, the April 24, 

2020, SIP revision includes changes to 

Section III—Emissions Inventory and 

Emissions Statements and Section V— 

Credible Evidence of South Carolina 

Regulation 61–62.1. These changes 

update numbering and citation 

formatting within these regulations (e.g., 

citations to the Code of Federal 

Regulations now include the word 

‘‘Part’’). These changes are nonsubstantive in nature. 

III. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

South Carolina’s Regulation 61–62.1, 

Section III—Emissions Inventory and 

Emissions Statements and Section VCredible Evidence, both of which are 

state effective on April 24, 2020. EPA 

has made, and will continue to make, 

these materials generally available 

through www.regulations.gov and at the 

EPA Region 4 office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Proposed Action 

EPA is proposing to approve and 

incorporate into South Carolina’s SIP 

the aforementioned changes to South 

Carolina Regulation 61–62.1, Section 

III—Emissions Inventory and Emissions 

Statements and Section V—Credible 

Evidence, state effective on April 24, 

2020. EPA has preliminarily determined 

that these changes meet the applicable 

requirements of section 110 of the CAA 

and the applicable regulatory 

requirements at 40 CFR part 51. 

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. This proposed action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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). 

Because this proposed action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law, this 

proposed action for the State of South 

Carolina does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Therefore, this proposed action 

will not impose substantial direct costs 

on Tribal governments or preempt 

Tribal law. The Catawba Indian Nation 

(CIN) Reservation is located within the 

boundary of York County, South 

Carolina. Pursuant to the Catawba 

Indian Claims Settlement Act, S.C. Code 

Ann. 27–16–120 (Settlement Act), ‘‘all 

state and local environmental laws and 

regulations apply to the [Catawba Indian 

Nation] and are fully enforceable by all 

relevant state and local agencies and 

authorities.’’ The CIN also retains 

authority to impose regulations 

applying higher environmental 


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12904 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Proposed Rules 

1EPA notes that the Commonwealth’s submission 

was received on October 16, 2020. However, for 

clarity, EPA will refer to this submission by its 

cover letter date of October 15, 2020. 

2Excluding nuisance provisions that are 

unrelated to attainment and maintenance of the 

NAAQS from SIPs is consistent with longstanding 

Agency practice. See, e.g., 85 FR 73636 (November 

19, 2020). 

standards to the Reservation than those 

imposed by state law or local governing 

bodies, in accordance with the 

Settlement Act. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

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

Dated: February 28, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–04832 Filed 3–7–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0686; FRL–9124–01– 

R4] 

Air Plan Approval; Kentucky; Fugitive 

Emissions Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Kentucky 

(Commonwealth), through the Energy 

and Environmental Cabinet (Cabinet) on 

October 15, 2020. The SIP revision 

updates the Commonwealth’s regulation 

for the control of fugitive emissions. 

This revision contains minor nonsubstantive changes, grammatical edits, 

renumbering, the removal of one 

provision, the addition of one new 

requirement, and the incorporation of 

two definitions to support the new 

requirement. EPA is proposing to 

approve these changes pursuant to the 

Clean Air Act (CAA or Act). 

DATES: Comments must be received on 

or before April 7, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2021–0686 at 

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 

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Andres Febres, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

8966. Mr. Febres can also be reached via 

electronic mail at febresmartinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

On October 15, 2020, the 

Commonwealth submitted changes to 

the Kentucky SIP for EPA approval.1

EPA is proposing to approve these 

changes to Regulation 401 KAR 

63:010—Fugitive Emissions, which was 

approved into the SIP on July 12, 1982 

(47 FR 30059), and establishes control 

requirements for fugitive emissions. 

II. Analysis of the Commonwealth’s SIP 

Revision 

The October 15, 2020, SIP revision 

contains primarily minor nonsubstantive changes which concern 

minor language edits and renumbering 

changes throughout regulation 401 KAR 

63:010. Additionally, the revision 

includes the removal of one provision, 

the addition of one new requirement, 

and the incorporation of two new 

definitions to support this requirement. 

The bulk of the changes in the 

October 15, 2020, SIP revision concern 

clarification and minor language edits. 

For example, one language edit changes 

the word ‘‘promulgate’’ to ‘‘prescribe.’’ 

Another example of a language edit the 

Commonwealth made was to change the 

language in the ‘‘NECESSITY, 

FUNCTION, AND CONFORMITY’’ 

section of the rule to align more closely 

with the language in Kentucky’s 

implementing statute regarding the 

powers and duties of the Cabinet. 

Additionally, Kentucky edited this 

section to update references to the rules 

that outline the Cabinet’s power to 

promulgate the fugitive emissions rules. 

With respect to renumbering changes, 

the revision switches the order of 

Section 1, previously ‘‘Applicability,’’ 

and Section 2, previously ‘‘Definitions.’’ 

Other similar changes include the 

necessary renumbering of sections to 

incorporate the addition or removal of 

provisions, which are further discussed 

below. 

The proposed changes seek to delete 

paragraph 4(2), a nuisance provision, 

from the SIP-approved rule. The 

Commonwealth moved the text of 4(2) 

to existing paragraph 3(4) in its revised 

state rule. However, as noted in the 

October 15, 2020, cover letter 

submitting these changes, the 

Commonwealth requests that EPA 

remove existing paragraph 4(2) from the 

SIP and not incorporate the text moved 

to paragraph 3(4). EPA is proposing to 

remove the SIP-approved version of 

paragraph 4(2) and not incorporate the 

text in paragraph 3(4) of the revised 

state rule into the SIP because this 

nuisance provision is not related to 

attainment and maintenance of the 

national ambient air quality standards 

(NAAQS) and is therefore not related to 

the CAA requirements for SIPs.2

The changes add a new requirement 

to Section 3 to use EPA’s Reference 

Method 22 (Visual Determination of 

Fugitive Emissions) of appendix A–7 in 

40 CFR part 60, as the standard method 

by which to determine the level of 

visible fugitive dust emissions beyond 

the lot line of the property on which 

emissions originate. The 

Commonwealth adds this method to 

confirm compliance with the opacity 

standard, as specified in Kentucky’s 

Rule 63:010. As a part of the new 

requirement, the Commonwealth also 

adds specific emission standards, in the 

form of time and observational period 

limits, for all sources to which this rule 

applies. Specifically, the revised rule 

states that a source shall not cause, 

suffer, or allow visible fugitive 

emissions beyond the lot line of the 

property, observed using EPA’s 

Reference Method 22, for more than 5 

minutes in a 60-minute period, or more 

than 20 minutes in a 24-hour period. 

Finally, the Commonwealth adds 

under Section 1 (formerly Section 2), 

the definitions for ‘‘Emission time’’ and 

‘‘Observation period,’’ to define terms in 


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