[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50652-50654]
[FR Doc No: 2022-17669]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95479; File No. SR-Phlx-2022-33]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Options 7,
Section 4

August 11, 2022.
    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 August 1, 2022, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, 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 amend Phlx's Pricing Schedule at Options
7, Section 4, ``Multiply Listed Options Fees (Includes options
overlying equities, ETFs, ETNs and indexes which are Multiply Listed)
(Excludes SPY and broad-based index options symbols listed within
Options 7, Section 5.A).''
    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
    Phlx proposes to amend its Pricing Schedule at Options 7, Section
4, ``Multiply Listed Options Fees (Includes options overlying equities,
ETFs, ETNs and indexes which are Multiply Listed) (Excludes SPY and
broad-based index options symbols listed within Options 7, Section
5.A).'' Specifically, Phlx proposes to remove the maximum Qualified
Contingent Cross (``QCC'') rebate that will be paid by the Exchange in
a given month. The Exchange believes that removing this rebate will
permit Phlx to compete more effectively with other options exchange for
QCC Orders by incentivizing market participants to transact a greater
amount of QCC Orders on Phlx in order to receive a QCC Rebate.\3\
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    \3\ Phlx will monitor the impact of this proposal on QCC Order
volumes, and may in the future impose a maximum on the amount of QCC
Rebate it would pay to members and member organizations that execute
qualifying QCC Orders.
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    Today, the Exchange assesses a $.20 per contract QCC Transaction
Fee for a Lead Market Maker,\4\ Market Maker,\5\ Firm \6\ and Broker-
Dealer.\7\ Customers \8\ and Professionals \9\ are not assessed a QCC
Transaction Fee. QCC Transaction Fees apply to electronic QCC Orders
\10\ and Floor QCC Orders.\11\ Rebates are paid on all qualifying
executed electronic QCC Orders and Floor QCC Orders based on the
following six tier rebate schedule:\12\
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    \4\ The term ``Lead Market Maker'' applies to transactions for
the account of a Lead Market Maker (as defined in Options 2, Section
12(a)). A Lead Market Maker is an Exchange member who is registered
as an options Lead Market Maker pursuant to Options 2, Section
12(a). An options Lead Market Maker includes a Remote Lead Market
Maker which is defined as an options Lead Market Maker in one or
more classes that does not have a physical presence on an Exchange
floor and is approved by the Exchange pursuant to Options 2, Section
11. See Options 7, Section 1(c). The term ``Floor Lead Market
Maker'' is a member who is registered as an options Lead Market
Maker pursuant to Options 2, Section 12(a) and has a physical
presence on the Exchange's trading floor. See Options 8, Section
2(a)(3).
    \5\ The term ``Market Maker'' is defined in Options 1, Section
1(b)(28) as a member of the Exchange who is registered as an options
Market Maker pursuant to Options 2, Section 12(a). A Market Maker
includes SQTs and RSQTs as well as Floor Market Makers. See Options
7, Section 1(c). The term ``Floor Market Maker'' is a Market Maker
who is neither an SQT or an RSQT. A Floor Market Maker may provide a
quote in open outcry. See Options 8, Section 2(a)(4).
    \6\ The term ``Firm'' applies to any transaction that is
identified by a member or member organization for clearing in the
Firm range at The Options Clearing Corporation. See Options 7,
Section 1(c).
    \7\ The term ``Broker-Dealer'' applies to any transaction which
is not subject to any of the other transaction fees applicable
within a particular category. See Options 7, Section 1(c).
    \8\ The term ``Customer'' applies to any transaction that is
identified by a member or member organization for clearing in the
Customer range at The Options Clearing Corporation (``OCC'') which
is not for the account of a broker or dealer or for the account of a
``Professional'' (as that term is defined in Options 1, Section
1(b)(45)). See Options 7, Section 1(c).
    \9\ The term ``Professional'' applies to transactions for the
accounts of Professionals, as defined in Options 1, Section 1(b)(45)
means any person or entity that (i) is not a broker or dealer in
securities, and (ii) places more than 390 orders in listed options
per day on average during a calendar month for its own beneficial
account(s). See Options 7, Section 1(c).
    \10\ Electronic QCC Orders are described in Options 3, Section
12.
    \11\ Floor QCC Orders are described in Options 8, Section 30(e).
    \12\ Volume resulting from all executed electronic QCC Orders
and Floor QCC Orders, including Customer-to-Customer, Customer-to-
Professional, and Professional-to-Professional transactions and
excluding dividend, merger, short stock interest or reversal or
conversion strategy executions, is aggregated in determining the
applicable volume tier.

------------------------------------------------------------------------
                                                            Rebate per
               Tier                       Threshold          contract
------------------------------------------------------------------------
Tier 1............................  0 to 99,999                    $0.00
                                     contracts in a
                                     month.
Tier 2............................  100,000 to 299,999              0.05
                                     contracts in a
                                     month.
Tier 3............................  300,000 to 499,999              0.07
                                     contracts in a
                                     month.
Tier 4............................  500,000 to 699,999              0.08
                                     contracts in a
                                     month.
Tier 5............................  700,000 to 999,999              0.09
                                     contracts in a
                                     month.
Tier 6............................  Over 1,000,000                  0.11
                                     contracts in a
                                     month.
------------------------------------------------------------------------

    The Exchange does not pay a QCC Rebate where the transaction is
either: (i) Customer-to-Customer; (ii) Customer-to-Professional; (iii)
Professional-to-Professional; or (iv) a dividend, merger, short stock
interest or reversal or conversion strategy execution (as defined in
Options 7, Section 4). The Exchange will continue to pay rebates on QCC
Orders as described above.
    Today, the maximum QCC Rebate to be paid in a given month may not
exceed $750,000. The Exchange proposes to remove the limit on the
amount of QCC Rebate that will be paid in a given month. With this
proposal, members and member organizations will be paid QCC Rebates for
all qualifying executed QCC Orders without limitation.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\13\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\14\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4) and (5).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \15\
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    \15\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    Likewise, in NetCoalition v. Securities and Exchange Commission
\16\ (``NetCoalition'') the D.C. Circuit upheld the Commission's use of
a market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\17\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \18\
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    \16\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \17\ See NetCoalition, at 534-535.
    \18\ Id. at 537.
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    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers'. . . . '' \19\ Although the court and
the SEC were discussing the cash equities markets, the Exchange
believes that these views apply with equal force to the options
markets.
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    \19\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
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    The Exchange believes that it is reasonable to remove the limit on
the amount of QCC Rebate that will be paid in a given month because it
would allow members and member organizations to be paid QCC Rebates,
for all qualifying executed QCC Orders, without limitation. Further,
removing the limit on the amount of QCC Rebate that would be paid in a
given month will permit Phlx to compete more effectively with other
options exchange for QCC Orders by incentivizing market participants to
transact a greater amount of QCC Orders on Phlx in order to receive a
QCC Rebate.
    The Exchange believes that it is equitable and not unfairly
discriminatory to remove the limit on the amount of QCC Rebate that
will be paid in a given month because all qualifying market
participants are eligible to transact QCC Orders, either electronically
or on the Trading Floor, and would, therefore, be eligible to receive
QCC Rebates for all qualifying executed QCC Orders, without limitation.

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.
Inter-Market Competition
    The proposal does not impose an undue burden on inter-market
competition. The Exchange believes its proposal remains competitive
with other options markets and will offer market participants with
another choice of where to transact options. The Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges. Because competitors are free to modify their own fees in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited.
Intra-Market Competition
    The proposed amendments do not impose an undue burden on intra-
market competition. The Exchange believes that removing the limit on
the amount of QCC Rebate that will be paid in a given month does not
impose an undue burden on competition because all qualifying market
participants are eligible to transact QCC Orders, either

electronically or on the Trading Floor, and would, therefore, be
eligible to receive QCC Rebates for all qualifying executed QCC Orders,
without limitation.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\20\
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    \20\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    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: (i)
necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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 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 protected]. Please include
File Number SR-Phlx-2022-33 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-2022-33. 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-2022-33 and should be submitted on
or before September 7, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-17669 Filed 8-16-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 15, 2010 (Volume 75, Number 72)]
[Notices]
[Page 19674-19675]
[DOCID:fr15ap10-93]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6480; FMCSA-2003-16564; FMCSA-2005-23238; FMCSA-
2005-21254; FMCSA-2005-21711; FMCSA-2005-22727; FMCSA-2007-0017; FMCSA-
2007-0071; FMCSA-2008-0021]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the 29 individuals.
FMCSA has statutory authority to exempt individuals from the vision
requirement if the exemptions granted will not compromise safety. The
Agency has concluded that granting these exemption renewals will
provide a level of safety that is equivalent to, or greater than, the
level of safety maintained without the exemptions for these commercial
motor vehicle (CMV) drivers.

DATES: This decision is effective May 12, 2010. Comments must be
received on or before May 17, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-1999-6480; FMCSA-2003-16564;
FMCSA-2005-23238; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2005-22727;
FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2008-0021, using any of the
following methods.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).

You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 29 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 29 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Gerald L. Anderson
Leo G. Becker
Timothy W. Bickford
Stanley W. Davis
Ray L. Emert
Sean O. Feeny
Steven R. Felks
Marvin T. Fowler
Michael J. Frein
Jimmy G. Hall
Hazel L. Hopkins, Jr.
Dennis R. Irvin
Mark L. LeBlanc
David A. Miller
Rick P. Moreno
Paul D. Schnautz
Steve J. Sherar
Robert F. Skinner, Jr.
William T. Smiley
Richard M. Smith
Robert A. Stoeckle
David N. Stubbs
Edward J. Sullivan
Aaron S. Taylor
Martin L. Taylor
Gary R. Thomas
William B. Thomas
Michael J. Tisher
Kevin R. White

    These exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provides a copy of the annual medical
certification to the employer for retention in the driver's
qualification file and retain a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two-year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 29 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 68195; 65 FR 20251; 67 FR 17102; 69 FR 17267; 71 FR
16410; 73 FR 28188; 68 FR 74699; 69 FR 10503; 71 FR 6829; 71 FR 5105;
71 FR 19600; 70 FR 30999; 70 FR 46567; 72 FR 40360; 70 FR 48797; 70 FR
61493; 73 FR 6246; 70 FR 71884; 71 FR 4632; 73 FR 5259; 72 FR 67340; 73
FR 1395; 73 FR 6242; 73 FR 16950; 73 FR 15567; 73 FR 27015). Each of
these 29 applicants has requested renewal of the exemption and has
submitted evidence showing that the vision in the better eye continues
to meet the standard specified at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition, a review of each record of
safety while driving with the respective vision deficiencies over the
past two years indicates each applicant continues to meet the vision
exemption standards. These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of two years is
likely to achieve a level of safety equal to that existing without the
exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by May 17, 2010.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 29 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: April 6, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-8646 Filed 4-14-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Notices]
[Pages 81552-81553]
[FR Doc No: 2020-27689]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the El Paso International Airport, El Paso, Texas

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request to release airport property.

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SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at the El Paso International Airport under the
provisions of Section 125 of the Wendell H. Ford Aviation Investment
Reform Act for the 21st Century (AIR 21).

DATES: Comments must be received on or before January 15, 2021.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. Jesse Carriger, Manager, Federal
Aviation Administration, Southwest Region, Airports Division, Texas
Airports Development Office, ASW-650, 10101 Hillwood Parkway, Fort
Worth, Texas 76177.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Sam Rodriguez, Director of Aviation, at the
following address: 6701 Convair Road, El Paso, Texas 79925.

FOR FURTHER INFORMATION CONTACT:  Ms. Sarah Conner, Program Manager,
Federal Aviation Administration, Texas Airports Development Office,
ASW-650, 10101 Hillwood Parkway, Fort Worth, Texas 76177, Telephone:
(817) 222-5682, Email<EMAIL_ADDRESS>Fax:<PHONE_NUMBER>.

    The request to release property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the El Paso International Airport under
the provisions of the AIR 21. The following is a brief overview of the
request:
    The City of El Paso requests the release of 17.0868 acres of non-
aeronautical airport property. The land was acquired by Deed without
Warranty from the United States on August 21, 1972. The property to be
released will be sold to allow for future development of the airport.
    Any person may inspect the request in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the application,
notice and other documents relevant to the application in person at the
El Paso International Airport, telephone number<PHONE_NUMBER>.

     Issued in Fort Worth, Texas on December 11, 2020.
Ignacio Flores,
Manager, Airports Division.
[FR Doc. 2020-27689 Filed 12-15-20; 8:45 am]
BILLING CODE P


[Federal Register: March 10, 2006 (Volume 71, Number 47)]
[Rules and Regulations]
[Page 12285-12289]
[DOCID:fr10mr06-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2004-TX-0006; FRL-8043-9]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Control of Air Pollution by Permits for New Construction or
Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Texas State Implementation Plan (SIP). This action approves provisions
for alternate language public notice for certain preconstruction
permits or permit renewals and provisions for preconstruction permit
renewals. It approves SIP revisions that Texas submitted to EPA on
August 31, 1993; April 29, 1994; August 17, 1994; and July 22, 1998.
The provisions that EPA is approving supplement the current
requirements for new construction and modifications and are more
stringent than the Federal Clean Air Act (CAA or the Act) and EPA
regulations. We are approving the revisions under sections 110 and 116
of the Act.

DATES: This direct final rule is effective on May 9, 2006 without
further notice, unless EPA receives significant adverse comment by
April 10, 2006. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2004-TX-0006, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     U.S. EPA Region 6 ``Contact Us'' web site: http://epa.gov/region6/r6coment.htm
 Please click on ``6PD'' (Multimedia) and select

``Air'' before submitting comments.
     E-mail: Mr. David Neleigh at<EMAIL_ADDRESS>Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
section below.
     Fax: Mr. David Neleigh, Chief, Air Permits Section (6PD-
R), at fax number<PHONE_NUMBER>.
     Mail: Mr. David Neleigh, Chief, Air Permits Section (6PD-
R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. David Neleigh, Chief, Air
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8:00 a.m. and 4:00 p.m. weekdays
except for legal holidays. Special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2004-TX-0006. EPA's policy is that all comments received, including any
personal information provided, will be included in the public file
without change and may be made available online at http://docket.epa.gov/rmepub/
 unless the comment includes information claimed

to be Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The www.regulations.gov website is an

``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in

http://www.regulations.gov or in hard copy at the Air Permits Section (6PD-R),

Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733. The file will be made available by appointment for
public inspection in the Region 6 FOIA Review Room between the hours of
8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. To make an
appointment, contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below. If possible, please make the appointment at
least two working days in advance of your visit. There will be a 15
cent per page fee for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available by appointment for public
inspection at the State Air Agency listed below during official
business hours:
    Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733; telephone<PHONE_NUMBER>; fax
number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' means the EPA. Also, in 1993 the Texas Air Control Board (TACB)
merged with the Texas Water Commission to become the Texas Natural
Resource Conservation Commission (TNRCC), which in 2002 underwent a
name change and is now the Texas Commission on Environmental Quality
(TCEQ). The revisions to Chapter 116 that we are acting upon herein
were adopted by Texas prior to the agency's most recent name change.
All rules and regulations, orders, permits, and other final actions
taken by the TCEQ's predecessor agencies remain in full effect unless
and until revised by the TCEQ. References to the TACB or to the TNRCC
in the provisions we are approving in this action should be read to
mean the TCEQ.

Outline

I. What Is Being Addressed in This Document?
II. Have the Requirements for Approval of a SIP Revision Been Met?
III. What Final Action Is EPA Taking?
IV. Statutory and Executive Order Review

I. What Is Being Addressed in This Document?

    We are taking direct final action to approve revisions to the Texas
SIP. These revisions are changes made by the State to Title 30 Texas
Administrative Code (30 TAC) Chapter 116--Control of Air Pollution by
Permits for New Construction and Modification. Texas submitted these
SIP revisions to EPA on August 31, 1993; April 29, 1994; August 17,
1994; and July 22, 1998. Existing Texas SIP provisions that have
already been approved by EPA are listed in 40 CFR 52.2270 (40 CFR part
52, subpart SS).
    The revisions pertaining to alternate language public notice for
certain preconstruction permits or permit renewals are in 30 TAC
section 116.132--Public Notice Format; and section 116.133--Sign
Posting Requirements. Texas submitted these revisions, which add new
subsections (c) and (d) to section 116.132 and new subsections (f) and
(g) to section 116.133, on August 17, 1994, and nonsubstantive
revisions to these subsections on July 22, 1998. These four new
subsections that we are approving in today's action address the
requirements for alternate language public notice publication and sign
posting.
    The revisions pertaining to preconstruction permit renewals are
found in 30 TAC section 116.310--Notification of Permit Holder; section
116.311--Permit Renewal Application; section 116.312--Public
Notification and Comment Procedures; section 116.313--Renewal
Application Fees; and section 116.314--Review Schedule. Texas submitted
these new sections to EPA on August 31, 1993, and submitted revisions
to section 116.311 on April 29, 1994. These submittals, which we are
approving in this action, address the requirements for renewal of
preconstruction permits.
    We have prepared a technical support document (TSD) that contains
our evaluation of these SIP revisions and our basis for why they are
approvable. The TSD is in the docket for this action.

II. Have the Requirements for Approval of a SIP Revision Been Met?

A. Alternate Language Public Notice

    The current SIP provides in section 116.132(a) and (b) that the
applicant for a preconstruction permit or permit renewal must publish
public notices in a publication of general circulation in the
municipality in which the facility is located, or proposed to be
located, or in the municipality nearest to the location or proposed
location of the facility. The current SIP also provides in section
116.133(a) through (e) that the applicant must place at the site of the
proposed facility a sign or signs declaring the filing of an
application for a permit and stating the contact information of the
appropriate TCEQ regional office that may be contacted for further
information. We approved sections 116.132(a) and (b) and 116.133(a)
through (e) on September 18, 2002, (67 FR 58697) as revised rules
meeting both the public notice provisions in the Act and in 40 CFR
51.161--Public availability of information.
    In this action, we are approving new subsections (c) and (d) in
section 116.132 and new subsections (f) and (g) in section 116.133. New
subsection (c) in section 116.132 (Public Notice Format) prescribes
publication of alternate language public notice and generally applies
whenever either the elementary school or the middle school nearest to
the facility or proposed facility provides a bilingual education
program. When publication of alternate language notice is required, the
applicant must publish an additional notice in each alternate language
in which the bilingual education program is taught. Each such notice
must be published in a newspaper or other publication that is published
in the alternative language in which the notice is required and that is
generally circulated in the municipality or county in which the
facility is located or proposed to be located. Pursuant to paragraph
(c)(4), the alternate language public notice publication requirements
are waived if a publication in the alternate language does not exist or
if the publishers of the alternate language publication refuse to
publish the notice. Under new subsection (d) in section 116.132,
publication of the alternate language notice is not required if the
elementary or middle schools offer English as a second language and are
not otherwise governed by the bilingual education program requirement
of 19 TAC 89.1205(a).
    New subsection (f) in section 116.133 (Sign Posting Requirements)
prescribes alternate language sign posting and generally applies
whenever either the elementary school or the middle school nearest to
the facility or proposed facility provides a bilingual education
program. When alternate language sign posting is required, the
applicant must post an additional sign in each alternative language in
which the bilingual education program is taught and such sign shall be
posted adjacent to each English language sign required by section
116.133. The alternate language sign posting requirements

must be fulfilled without regard to the alternate language public
notice publication requirements of section 116.132(c). Pursuant to new
subsection (g) in section 116.133, alternate language sign posting is
not required if the elementary or middle schools offer English as a
second language and are not otherwise governed by the bilingual
education program requirement of 19 TAC 89.1205(a).
    Before EPA may approve SIP revisions, section 110(l) of the Act
requires a demonstration of noninterference with any applicable
requirement concerning nonattainment, reasonable further progress
toward attainment of National Ambient Air Quality Standards (NAAQS), or
any other applicable requirement of the Act. The provisions to provide
public notice and sign posting in alternate languages that EPA is
approving in today's action revise the preconstruction public
notification requirements in the Texas SIP; these new provisions do not
change the currently approved public notice and sign posting
requirements but rather supplement these existing requirements. These
revisions to the Texas SIP--specifically, the addition of sections
116.132(c) and (d) and 116.133(f) and (g)--are administrative and
procedural in nature and will not affect emissions. Furthermore, these
revisions are more stringent than the public participation requirements
of the Act and of EPA regulations and therefore improve the existing
SIP. Because these alternate language public notice provisions are more
stringent than either the Clean Air Act or EPA regulations require for
public participation, these revisions to the Texas SIP will not
interfere with Texas' compliance with the requirements of the Act
relating to public participation, nonattainment, reasonable further
progress, or any other applicable requirements under the Act or EPA
regulations.
    We are approving the alternate language public notice provisions in
sections 116.132(c) and (d) and 116.133(f) and (g) as being more
stringent than the requirements of the Act and of EPA's regulatory
requirements for preconstruction public notice; thus sections 116.132
and 116.133, as currently adopted by Texas and submitted to EPA for
approval into the Texas SIP, are approved in their entirety by EPA as
meeting the requirements of the Act and of EPA regulations. These
revisions, relating to alternate language public notice for certain
preconstruction permits or permit renewals, improve the existing SIP.

B. Permit Renewals

    New sections 116.310 through 116.314 provide for the periodic
renewal of preconstruction permits. Under section 116.311(c) (relating
to Permit Renewal Application), permits must be renewed according to
the following renewal schedule: (1) Any permit issued before December
1, 1991, is subject for review and renewal 15 years after the date of
issuance; (2) any permit issued on or after December 1, 1991, is
subject for review and renewal ten years after the date of issuance; or
(3) for cause, a permit issued after December 1, 1991, may contain a
provision requiring renewal at a period between five and ten years. See
section 116.311(c)(1) through (c)(3).
    Under section 116.310--Notification of Permit Holder, the TCEQ will
provide written notice to the preconstruction permit holder that the
permit is scheduled for renewal no less than 180 days prior to
expiration of the permit.
    In order to be granted a preconstruction permit renewal, section
116.311(a) (relating to Permit Renewal Application) requires the permit
holder to submit information demonstrating that: (1) The emissions from
the facility comply with all applicable specifications and requirements
of the TCEQ and the Texas Clean Air Act; (2) the facility is being
operated in accordance with all requirements and conditions of the
existing permit; (3) the facility has appropriate means to measure the
emissions of significant air contaminants; (4) the facility uses
control technology determined by the Executive Director to be
economically reasonable and technically practicable considering the age
of the facility and the impact of its emissions on the surrounding
area; (5) the facility meets the requirements of any applicable new
source performance standard under 40 CFR part 60; and (6) the facility
meets the requirements of any applicable emission standard for
hazardous air pollutants under 40 CFR part 61. Section 116.311(b)
provides that the TCEQ shall review the compliance history of the
facility in consideration of granting a renewal. In order for the
preconstruction permit to be renewed, the application must include
information that demonstrates the facility is or has been operating in
substantial compliance with the provisions of the Texas Clean Air Act
and with the terms of the existing permit. The renewal will not be
granted if the facility has a compliance history that demonstrates
failure to maintain substantial compliance with the Texas Clean Air Act
or with the terms of the existing permit or if violations in the
compliance history constitute a recurring pattern of egregious conduct
that demonstrates a consistent disregard for the regulatory process.
    Section 116.312 (Public Notification and Comment Procedures)
requires that any application for preconstruction permit renewal shall
be subject to the public notification and comment procedure
requirements in Chapter 116, subchapter B, sections 116.132--Public
Notice Format, 116.133--Sign Posting Requirements, and 116.136--Public
Comment Procedures. Section 116.313 (Renewal Application Fees) provides
that a renewal application is subject to a fee based on total allowable
emissions. The minimum fee is $300 and the maximum fee is $10,000.
    Section 116.314 (Review Schedule) provides the review schedule for
a renewal application. The TCEQ shall renew a permit and notify the
permit holder in writing if it meets the requirements for renewal. If
the TCEQ finds that the permit cannot be renewed, the TCEQ must provide
a report that describes the basis for denial to the permit holder
within 180 days of receipt of a completed renewal application. If
denial is based on failure to meet the requirements of section
116.311(a), the report shall establish a schedule for compliance with
the renewal requirements; the permit shall be renewed if the renewal
requirements are met according to the schedule. If denial is based upon
failure to maintain substantial compliance with the Texas Clean Air Act
or with the terms of the existing permit, the denial shall be final.
    Before EPA may approve SIP revisions, section 110(l) of the Act
requires a demonstration of noninterference with any applicable
requirement concerning nonattainment, reasonable further progress
toward attainment of NAAQS, or any other applicable requirement of the
Act. The provisions for preconstruction permit renewals supplement the
existing new source review provisions by requiring that new and
modified facilities continue to meet the terms and conditions both of
their permits and of applicable regulatory requirements and that these
sources do not adversely impact air quality in the surrounding area.
These revisions to the Texas SIP--specifically, the addition of
sections 116.310 through 116.314--are administrative and procedural in
nature and will not affect emissions. Furthermore, although
preconstruction permits must remain in effect as long as the source
operates and until voided under the approved implementation plan
procedures, periodic renewal of

preconstruction permits is neither required nor prohibited under the
Act or Federal regulations; therefore, these revisions to the Texas SIP
are more stringent than the preconstruction permitting requirements of
the Act and of EPA regulations and improve the existing SIP. Because
the preconstruction permit renewal provisions in sections 116.310
through 116.314 are more stringent than either the Clean Air Act or EPA
regulations require for preconstruction permitting, these revisions to
the Texas SIP will not interfere with Texas' compliance with the
requirements of the Act relating to preconstruction permitting,
nonattainment, reasonable further progress, or any other applicable
requirements under the Act or EPA regulations.
    We are approving the provisions for preconstruction permit renewals
in sections 116.310 through 116.314 as being more stringent than the
requirements of the Act and of EPA's regulatory requirements for
preconstruction permitting. These revisions, relating to renewal of
preconstruction permits, improve the existing SIP.

III. What Final Action Is EPA Taking?

    EPA is approving revisions to the Texas SIP that the State
submitted to EPA on August 31, 1993; April 29, 1994; August 17, 1994;
and July 22, 1998. These revisions include the addition of alternate
language public notice requirements for certain preconstruction permits
or permit renewals to sections 116.132 (Public Notice Format) and
116.133 (Sign Posting Requirements) in 30 TAC Chapter 116, subchapter
B, Division 3, and the addition of provisions for preconstruction
permit renewals in sections 116.310 through 116.314 in 30 TAC Chapter
116, Subchapter D.
    EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no significant
adverse comments. However, in the proposed rules section of this
Federal Register publication, we are publishing a separate document
that will serve as the proposal to approve the SIP revision if
significant adverse comments are received. This rule will be effective
on May 9, 2006 without further notice unless we receive significant
adverse comment by April 10, 2006. If we receive significant adverse
comment, we will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect and we will
address all public comments in a subsequent final rule based on the
proposed rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
Please note that if we receive significant 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.

IV. Statutory and Executive Order Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997) because it is not economically
significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context and in the absence of a preexistent requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. 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.
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 9, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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. 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,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: February 28, 2006.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

Sec.  52.2270  [Amended]

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended as follows:
0
a. Under Chapter 116, Subchapter B, Division 3, by revising the entries
for sections 116.132 and 116.133.
0
b. Under Chapter 116, Subchapter B, Division 7, immediately following
the entry for section 116.170, by adding a new centered heading
entitled ``Subchapter D--Permit Renewals'' followed by new entries for
sections 116.310, 116.311, 116.312, 116.313, and 116.314.
    The revisions and additions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA-Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             State
         State citation               Title/subject        approval/                          EPA approval date                            Explanation
                                                           submittal
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                     * * * * * * *
                                 Chapter 116--Control of Air Pollution by Permits for New Construction or Modification

                                                                     * * * * * * *
                                                        Subchapter B--New Source Review Permits

                                                                     * * * * * * *
                                                               Division 3--Public Notice

                                                                      * * * * * * *
Section 116.132................  Public Notice Format...     06/17/98  03/10/06
                                                                       [Insert FR page number where document begins].
Section 116.133................  Sign Posting                06/17/98  03/10/06
                                  Requirements.                        [Insert FR page number where document begins].

                                                                     * * * * * * *
                                                             Subchapter D--Permit Renewals
Section 116.310................  Notification of Permit      08/16/93  03/10/06
                                  Holder.                              [Insert FR page number where document begins].
Section 116.311................  Permit Renewal              04/06/94  03/10/06
                                  Application.                         [Insert FR page number where document begins].
Section 116.312................  Public Notification and     08/16/93  03/10/06
                                  Comment Procedures.                  [Insert FR page number where document begins].
Section 116.313................  Renewal Application         08/16/93  03/10/06
                                  Fees.                                [Insert FR page number where document begins].
Section 116.314................  Review Schedule........     08/16/93  03/10/06
                                                                       [Insert FR page number where document begins].

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

* * * * *

[FR Doc. 06-2317 Filed 3-9-06; 8:45 am]

BILLING CODE 6560-50-P