[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Rules and Regulations]
[Pages 58729-58732]
[FR Doc No: 2022-20588]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0306; FRL-9713-03-R9]

Air Quality State Implementation Plans; Approvals and
Promulgations: California; San Diego County Air Pollution Control
District; Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve four permitting rules submitted as a revision to the
San Diego County Air Pollution Control District (SDAPCD or
``District'') portion of the California State Implementation Plan
(SIP). These revisions concern the District's New Source Review (NSR)
permitting program for new and modified sources of air pollution under
section 110(a)(2)(C) and part D of title I of the Clean Air Act (CAA or
``Act''). This action will update the District's applicable SIP with
rules revised to address a deficiency identified in our September 16,
2020 limited disapproval

action. On May 12, 2022, we made an interim final determination that
deferred the imposition of CAA sanctions associated with our September
16, 2020 limited disapproval action. This final approval stops all
sanction and federal implementation plan clocks started by our
September 16, 2020 limited approval and limited disapproval. This
action also finalizes regulatory text to clarify that San Diego County
is not subject to the Federal Implementation Plan related to protection
of visibility from sources in nonattainment areas.

DATES: This rule is effective October 28, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2022-0306. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. If you need assistance in a language other than English or if
you are a person with disabilities who needs a reasonable accommodation
at no cost to you, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On May 12, 2022, the EPA proposed to approve the following rules
listed in Table 1 into the California SIP and simultaneously made an
interim final determination that deferred sanctions triggered by the
September 16, 2020 limited disapproval of Rule 20.1.1 2
These rules constitute part of the District's current program for
preconstruction review and permitting of new or modified stationary
sources under its jurisdiction. The rule revisions that are the subject
of this action represent an update to the District's preconstruction
review and permitting program and are intended to satisfy the
requirements under part D of title I of the Act (``Nonattainment NSR''
or ``NNSR'') as well as the general preconstruction review requirements
under section 110(a)(2)(C) of the Act (``Minor NSR''). We are approving
these rules because we determined that they comply with the relevant
CAA requirements. Our proposed action contains more information on the
rules and our evaluation.\3\
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    \1\ 87 FR 29048, May 12, 2022, Determination To Defer Sanctions;
California; San Diego County Air Pollution Control District (Interim
Final Determination).
    \2\ 85 FR 57727, September 16, 2020, Approval and Limited
Approval and Limited Disapproval of California Air Plan Revisions;
San Diego County Air Pollution Control District; Stationary Source
Permits.
    \3\ 87 FR 29105, May 12, 2022, Air Quality State Implementation
Plans; Approvals and Promulgations: California; San Diego County Air
Pollution Control District; Permits (Proposed Rule).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                Rule No.                             Rule title                Amended date      Submitted date
----------------------------------------------------------------------------------------------------------------
11.....................................  Exemptions From Rule 10 Permit              7/8/2020          9/21/2020
                                          Requirements.
20.1...................................  New Source Review--General                10/14/2021           2/2/2022
                                          Provisions.
20.3 *.................................  New Source Review--Major                  10/14/2021           2/2/2022
                                          Stationary Sources and PSD
                                          Stationary Sources.
20.4 *.................................  New Source Review--Portable               10/14/2021           2/2/2022
                                          Emission Units.
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* The following subsections of the Rules 20.3 and 20.4 were not submitted to the EPA for inclusion in the San
  Diego SIP: Rule 20.3 Subsections (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4
  Subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5).

    The SIP-approved versions of the submitted rules are identified
below in Table 2.

                                           Table 2--SIP Approved Rules
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                                                                                Federal Register
                Rule No.                             Rule title             SIP approval date       citation
----------------------------------------------------------------------------------------------------------------
11.....................................  Exemptions.......................            10/4/18        83 FR 50007
20.1...................................  New Source Review--General                   9/16/20        85 FR 57727
                                          Provisions.
20.3...................................  New Source Review--Major                     9/16/20        85 FR 57727
                                          Stationary Sources and PSD
                                          Stationary Sources.
20.4...................................  New Source Review--Portable                  9/16/20        85 FR 57727
                                          Emission Units.
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    The rules listed in Table 2 are being replaced in the SIP by the
submitted set of rules listed in Table 1. Additionally, as described in
our proposal, the EPA's final approval of Rule 20.1 addresses our
September 16, 2020 limited disapproval.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, no comments were submitted on our proposal.

III. EPA Action

    No comments were submitted on our proposal. Therefore, as
authorized in sections 110(k)(3) and 301(a) of the Act, the EPA is
approving the submitted rules. This action incorporates the

submitted rules in the California SIP and replaces the previously
submitted rules listed in Table 2. This approval stops all sanction and
federal implementation plan clocks started by our September 16, 2020
limited approval and limited disapproval.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the rules
described in Section I of this preamble and set forth below in the
amendments to 40 CFR part 52. The EPA has made, and will continue to
make, these documents available through https://www.regulations.gov and
at the EPA Region IX Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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); and
     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 Clean Air Act.
    The state did not evaluate environmental justice considerations as
part of its SIP submittal. There is no information in the record
inconsistent with the stated goals of E.O 12898 of achieving
environmental justice for people of color, low-income populations, and
indigenous peoples.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    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. The 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 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 November 28, 2022. 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. 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, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

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

    Dated: September 15, 2022.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations 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 F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(488)(i)(A)(6),
(c)(508)(i)(A)(10), (11), and (12), and (c)(557)(i)(B), adding reserved
paragraph (c)(587), and adding paragraph (c)(588) to read as follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (488) * * *
    (i) * * *
    (A) * * *
    (6) Previously approved on October 4, 2018 in paragraph
(c)(488)(i)(A)(3) of this section and now deleted with replacement in
paragraph (c)(557)(i)(B)(1) of this section, Rule 11, ``Exemptions From
Rule 10 Permit Requirements,'' revision adopted on July 8, 2020.
* * * * *
    (508) * * *
    (i) * * *
    (A) * * *
    (10) Previously approved on September 16, 2020 in paragraph
(c)(508)(i)(A)(6) of this section and now deleted with replacement in
paragraph (c)(588)(i)(A)(1) of this section, Rule 20.1, ``New Source
Review--General Provisions,'' revision adopted on October 14, 2021.
    (11) Previously approved on September 16, 2020 in paragraph
(c)(508)(i)(A)(8) of this section and now deleted with replacement in
paragraph (c)(588)(i)(A)(2) of this section, Rule 20.3, ``New Source
Review--Major Stationary Sources and PSD Stationary

Sources'' (except subsections (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v),
(d)(2)(vi)(B) and (d)(3)), revision adopted on October 14, 2021.
    (12) Previously approved on September 16, 2020 in paragraph
(c)(508)(i)(A)(9) of this section and now deleted with replacement in
paragraph (c)(588)(i)(A)(3) of this section, Rule 20.4, ``New Source
Review--Portable Emission Units'' (except subsections (b)(2), (b)(3),
(d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and
(d)(5)), revision adopted on October 14, 2021.
* * * * *
    (557) * * *
    (i) * * *
    (B) San Diego County Air Pollution Control District.
    (1) Rule 11 ``Exemptions From Rule 10 Permit Requirements,''
revision adopted on July 8, 2020.
    (2) [Reserved]
* * * * *
    (587) [Reserved]
    (588) The following regulations were submitted on February 2, 2022
by the Governor's designee as an attachment to a letter dated January
31, 2022.
    (i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
    (1) Rule 20.1 ``New Source Review--General Provisions,'' revision
adopted on October 14, 2021.
    (2) Rule 20.3 ``New Source Review--Major Stationary Sources and PSD
Stationary Sources,'' (except subsections (d)(1)(vi), (d)(2)(i)(B),
(d)(2)(v), (d)(2)(vi)(B) and (d)(3)), revision adopted on October 14,
2021.
    (3) Rule 20.4 ``New Source Review--Portable Emission Units,''
(except subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B),
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)), revision adopted on
October 14, 2021.
    (B) [Reserved]
    (ii) [Reserved]

0
3. Section 52.281 is amended by revising paragraph (d) to read as
follows:

Sec.  52.281  Visibility protection.

* * * * *
    (d) The provisions of Sec.  52.28 are hereby incorporated and made
part of the applicable plan for the State of California, except for the
air pollution control districts listed in paragraphs (d)(1) through (6)
of this section. The provisions of Sec.  52.28 remain the applicable
plan for any Indian reservation lands, and any other area of Indian
country where the EPA or an Indian tribe has demonstrated that a tribe
has jurisdiction, located within the State of California, including any
such areas located in the air pollution control districts listed in
paragraphs (d)(1) through (6) of this section.
    (1) Monterey County air pollution control district;
    (2) Sacramento County air pollution control district;
    (3) Calaveras County air pollution control district;
    (4) Mariposa County air pollution control district;
    (5) Northern Sierra air quality management district; and
    (6) San Diego County air pollution control district.
* * * * *
[FR Doc. 2022-20588 Filed 9-27-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 22, 2007 (Volume 72, Number 55)]
[Notices]
[Page 13542-13543]
[DOCID:fr22mr07-105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55477; File No. SR-Amex-2006-99]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto
Relating to Reverse Mergers

March 15, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934, as amended (the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on October 5, 2006, the American Stock Exchange
LLC (the ``Amex'' or the ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. On February 14, 2007, the Exchange filed Amendment No.
1 to the proposed rule change.\3\ The Commission is publishing this
notice to solicit comments on the proposed rule change, as amended,
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 makes revisions to the proposed rule text,
including revisions conforming the proposed rule text to a filing
submitted by The NASDAQ Stock Market LLC (``Nasdaq'') and approved
by the Commission in the period following submission of the original
filing (Securities Exchange Act Release No. 55052 (January 5, 2007),
72 FR 1569 (January 12, 2007) (SR-NASDAQ-2006-047)) and revisions
incorporating an immediately effective filing submitted by Amex in
the same period (Securities Exchange Act Release No. 55096 (January
12, 2007), 72 FR 2563 (January 19, 2007) (SR-Amex-2007-03)).
Amendment No. 1 replaces and supersedes the original filing in its
entirety.
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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 (i) Section 341 of the Amex Company
Guide to clarify the circumstances under which a listed issuer will be
deemed to have engaged in a reverse merger thereby requiring the post-
transaction entity to satisfy the initial listing standards and the
process a listed issuer must follow when applying for initial listing
in connection with a reverse merger and (ii) Section 713 of the Amex
Company Guide to require shareholder approval in connection with the
issuance or potential issuance of additional listed securities that
will result in a change of control of a listed issuer.
    The text of the proposed rule change is available on the Amex's Web
site at http://www.amex.com, the Office of the Secretary, the Amex 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Section 341 of the Amex Company Guide currently provides that if an
issuer listed on the Amex engages in any plan of acquisition, merger or
consolidation, the net effect of which is that the listed issuer is
acquired by an unlisted entity, even if the listed issuer is the
nominal survivor, the post-transaction entity is required to satisfy
the initial listing standards. Such transactions are typically referred
to as ``Reverse Mergers.'' Because the issuer resulting from a Reverse
Merger is essentially a different entity from the listed issuer,
Section 341 does not permit the post-transaction entity to remain
listed on the Amex unless it qualifies as a new listing. This
prohibition is intended to prevent ``back door listings'' whereby an
unqualified entity attempts to obtain an Amex listing. Both the New
York Stock Exchange LLC (``NYSE'') \4\ and Nasdaq \5\ have comparable
provisions.
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    \4\ Section 703.08(E) of the NYSE Listed Company Manual.
    \5\ Nasdaq Rule 4340(a).
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    Many Reverse Mergers are entered into for bona fide business
reasons, however, in some cases listed issuers that are not in
compliance with the continued listing standards, and face potential
delisting, attempt to enter into Reverse Mergers with private entities
in order to retain their Amex listing. In other situations, a listed
issuer may be in compliance with the continued listing standards but
the post-transaction entity would not satisfy the initial listing
standards. In both of these cases, a change of control occurs but the
listed issuer attempts to structure the transaction so that it will not
be deemed a Reverse Merger under the current rule.
    The Exchange proposes amending Section 341 to provide greater
clarity and transparency as to (i) what constitutes a Reverse Merger,
(ii) the factors the Exchange will consider in determining whether a
transaction or series of transactions constitute(s) a Reverse Merger,
(iii) the consequences of entering into a Reverse Merger and (iv) the
process a listed issuer must follow in connection with a Reverse
Merger. The proposed rule change will provide that, in addition to
meeting the initial listing standards, a listed company entering into a
Reverse Merger will need to obtain shareholder approval in accordance
with Section 713 in order to issue additional listed securities in
connection with such Reverse Merger. In addition, while the
determination of whether a Reverse Merger has occurred or will occur is
to some degree subjective, the Exchange proposes to amend Section 341
to more clearly delineate the factors that will be considered by the
Exchange in its analysis of a transaction.\6\
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    \6\ The Exchange's proposed Section 341 states that a ``Reverse
Merger'' is: ``any plan of acquisition, merger or consolidation
whereby a listed company combines with, or into, a company not
listed on the Exchange, resulting in a change of control of the
listed company and potentially allowing such unlisted company to
obtain an Exchange listing. In determining whether a change of
control constitutes a Reverse Merger, the Exchange will consider all
relevant factors, including, but not limited to, changes in the
management, board of directors, voting power, ownership, and
financial structure of the listed company. The Exchange will also
consider the nature of the businesses and the relative size of both
the listed and the unlisted companies.'' See proposed Section 341 of
the Amex Company Guide.
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    With regards to the process to be followed by listed issuers in
connection with Reverse Mergers, Section 341

currently recommends that listed issuers submit any proposed plan which
could constitute a Reverse Merger to the Exchange for an informal
opinion prior to the plan's promulgation. The intent of such provision
is to permit Exchange staff to review the proposed transaction in order
to determine if it constitutes a Reverse Merger and, in the case of a
Reverse Merger, to review the post-transaction entity in order to
confirm that it will meet initial listing standards. The Exchange
proposes to make such process more transparent by requiring a listed
issuer to submit an initial listing application with sufficient time to
permit the Exchange to complete its review of the post-transaction
entity and providing that delisting proceedings will be commenced if
such initial listing application has not been approved prior to
consummation of the Reverse Merger. The Commission approved a similar
rule change filed by Nasdaq.\7\
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    \7\ See supra note 3.
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    In association with the proposed changes to Section 341, the
Exchange also proposes to amend Section 713. Section 713 currently
requires shareholder approval as a prerequisite to Exchange approval of
applications to list additional shares issued in connection with a
transaction (other than a public offering) which would involve the
application of the initial listing standards as described in Section
341. The Exchange proposes revising Section 713 to require shareholder
approval as a prerequisite to Exchange approval of additional listing
applications when the issuance or potential issuance of additional
securities will result in a change of control of a listed issuer,
regardless of whether such change of control also constitutes a Reverse
Merger. Additionally, the Exchange proposes changes to Sections 341 and
713 to clarify the relationship between their respective requirements.
Both NYSE \8\ and Nasdaq \9\ require shareholder approval under such
circumstances and the Exchange believes it is necessary and appropriate
to require listed issuers to obtain shareholder approval of any
issuance or potential issuance of additional listed securities that
will result in a change of control. The proposed rule change will
provide investors of listed issuers with more input and participation
with respect to such decisions.
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    \8\ Section 312.03(d) of the NYSE Listed Company Manual.
    \9\ Nasdaq Rule 4350(i)(1)(B).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\10\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\11\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. Instead, the Exchange believes that the proposed rule change
will promote greater uniformity with the listing standards of other
markets.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2006-99 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2006-99. This file
number should be included on the subject line if e-mail 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 Web site (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 inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Amex. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Amex-2006-99 and should be submitted on or before April
12, 2007.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-5206 Filed 3-21-07; 8:45 am]

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