[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Notices]
[Page 36544]
[FR Doc No: 2021-14718]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12758-007]

BOST5 Hydroelectric LLC; Notice of Application for Amendment of
License, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Application for non-capacity amendment of
license.
    b. Project No.: 12758-007.
    c. Date Filed: February 9, 2021, as supplemented on February 22,
2021.
    d. Licensee: BOST5 Hydroelectric LLC.
    e. Name of Project: Red River Lock and Dam No. 5 Hydroelectric
Project.
    f. Location: The project is located at the U.S. Army Corps of
Engineers' (Corps) Lock and Dam No. 5, on the Red River near the town
of Ninock, in Bossier Parish, Louisiana.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Licensee Contact: Douglas A. Spaulding, P.E., Nelson Energy LLC,
8441 Wayzata Blvd., Suite 101, Golden Valley, MN 55426,<PHONE_NUMBER>.
    i. FERC Contact: Christopher Chaney,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, interventions, and protests:
Deadline for filing comments, motions to intervene, and protests is 30
days from the issuance of this notice by the Commission.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, MD 20852. The first page of any filing should
include docket number P-12758-007. Comments emailed to Commission staff
are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee proposes certain design
changes to the project; however, the authorized installed capacity
would remain as licensed. The licensee proposes to: (1) Install five
5.63-megawatt (MW) Kaplan bulb turbine-generator units, instead of one
28.1-MW unit; (2) shift the powerhouse location approximately 300 feet,
and change the footprint from 301 feet long by 90 feet wide to 204 feet
long by 153 feet wide; (3) shift the location of the Corps' recreation
facilities the licensee is required to reconstruct from downstream to
upstream of the dam; and (4) reduce the project's total hydraulic
capacity from 18,486 cubic feet per second (cfs) to 17,650 cfs.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: July 6, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-14718 Filed 7-9-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Notices]
[Page 14713]
[FR Doc No: 2014-05773]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0356]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Designation of New Animal Drugs for
Minor Use or Minor Species--Final Rule

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Designation of New Animal Drugs
for Minor Use or Minor Species (MUMS)--Final Rule'' has been approved
by the Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville,
MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 11, 2013, the Agency submitted a
proposed collection of information entitled ``Designation of New Animal
Drugs for Minor Use or Minor Species (MUMS)--Final Rule'' to OMB for
review and clearance under 44 U.S.C. 3507. An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
OMB has now approved the information collection and has assigned OMB
control number 0910-0605. The approval expires on February 28, 2017. A
copy of the supporting statement for this information collection is
available on the Internet at http://www.reginfo.gov/public/do/PRAMain.

    Dated: March 12, 2014.
Peter Lurie,
Acting Associate Commissioner for Policy and Planning.
[FR Doc. 2014-05773 Filed 3-14-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: February 28, 2007 (Volume 72, Number 39)]
[Notices]
[Page 9054-9056]
[DOCID:fr28fe07-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55333; File No. SR-Phlx-2007-13]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to 100 Share Away Markets in Non-Nasdaq Securities on XLE

February 22, 2007.
    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 February 20, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the Phlx. The Exchange has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under Section 19(b)(3)(A) of the Act \3\
and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx proposes to modify XLE, Phlx's equity trading system, so
as to prevent XLE from trading through 100 share away quotations in
non-Nasdaq securities. In addition, XLE will be modified to route to
100 share away quotations in non-Nasdaq securities. Accordingly, Phlx
Rule 1(cc)(3) will be modified to include 100 share away quotations in
the definition of Protected

Bids, Offers and Quotations for non-Nasdaq securities before the
Trading Phase Date. The text of the proposed rule change is available
at the Phlx, the Commission's Public Reference Room, and http://www.phlx.com
.

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 Phlx 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 Phlx has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to reflect the impending
elimination of the Intermarket Trading System (``ITS'') Plan in favor
of the Trading Phase Date of Regulation NMS on March 5, 2007 by
protecting additional away quotations in XLE. This would be
accomplished by modifying XLE to consider 100 share bids, offers and
quotations in non-Nasdaq securities in other markets as Protected Bids,
Offers and Quotations beginning on February 26, 2007. Therefore, XLE
would route to 100 share away quotations in non-Nasdaq securities and
would not trade through or quote through such quotations unless
simultaneously routing to those quotations, pursuant to Phlx Rules.
    Currently, XLE trades and quotes through 100 share away quotations
in non-Nasdaq securities. Additionally, XLE does not route to 100 share
away quotations in non-Nasdaq securities. This is because in the ITS
Plan, which applies to non-Nasdaq securities, and the Phlx Rules
adopted pursuant to the ITS Plan, provide an exemption from trade-
through and from locking and crossing protection for 100 share bids and
offers of away markets. In contrast, commencing with the Trading Phase
Date of Regulation NMS, which is currently March 5, 2007, the exemption
for 100 share away quotation in the ITS Plan will not be available to
Phlx (or any other exchange) under the new Order Protection Rule, Rule
611.\5\ XLE will be ready for the Trading Phase Date in that it will
not, among other things, trade or quote through 100 share away markets.
However, Phlx believes that it is appropriate to modify its trading
system, XLE, on February 26, 2007, to take 100 share away markets in
non-Nasdaq securities into account for trading, quoting and routing
because Phlx is currently rolling out XLE's routing functionality in
non-Nasdaq securities.
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    \5\ 17 CFR 242.611.
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    Phlx has observed that other markets trading non-Nasdaq securities
pursuant to the ITS Plan have modified or adapted their systems to
provide for very rapid or immediate execution of their displayed
quotations, including quotations of 100 shares. Phlx believes that the
system modification in this proposed rule change could provide more
opportunities for executions of orders that XLE routes away pursuant to
Phlx Rules, since XLE would begin routing to 100 share away quotations,
in addition to larger quotations. Finally, Phlx would modify Phlx Rule
1(cc)(3) to clarify the change to XLE by stating that a Protected Bid,
Offer or Quotation in non-Nasdaq securities includes a 100 share bid,
offer or quotation.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed 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,
by increasing the category of Protected Bids, Offers and Quotations in
non-Nasdaq securities to include 100 share away bids, offers and
quotations.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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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 that is not necessary or appropriate
in furtherance of the purposes of the Act.

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 proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder \9\ because
the proposal does not: (i) Significantly affect the protection of
investors or the public interest; (ii) impose any significant burden on
competition; and (iii) become operative for 30 days from the date on
which it was filed, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest.\10\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ Rule 19b-4(f)(6)(iii) under the Act requires that a self-
regulatory organization submit to the Commission written notice of
its intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. Phlx
has satisfied the pre-filing requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay and make the proposed rule change operative on February
26, 2007. The Commission hereby grants the request.\11\ The Commission
believes that such waiver is consistent with the protection of
investors and the public interest because the earlier operative date
would enhance the protection of quotations in non-Nasdaq exchange-
listed securities displayed in away markets in that, pursuant to the
proposal, the Phlx would no longer trade or quote though 100 share away
quotations in non-Nasdaq securities. Further, the earlier operative
date will allow XLE Participants to gain additional experience with the
expanded XLE trading environment and functionality prior to its full
implementation on the Trading Phase Date.
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    \11\ For purposes only of waiving the 30-day operative delay of
the proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\12\
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    \12\ See 15 U.S.C. 78s(b)(3)(C).
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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-Phlx-2007-13 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-Phlx-2007-13. 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 the filing
also will be available for inspection and copying at the principal
office of the Phlx. 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-Phlx-2007-13 and should be submitted on or before March 21, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-3491 Filed 2-27-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Page 42328]
[FR Doc No: 2018-18069]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  2:00 p.m. on Thursday, August 23, 2018.

PLACE: Closed Commission Hearing Room 10800.

STATUS:  This meeting will be closed to the public.

MATTERS TO BE CONSIDERED:  Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    Commissioner Peirce, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matters of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.

CONTACT PERSON FOR MORE INFORMATION:  For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Brent J. Fields from the Office of the Secretary at
(202) 551-5400.

    Dated: August 16, 2018.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2018-18069 Filed 8-17-18; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37788-37790]
[FR Doc No: 2012-14546]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0039; Directorate Identifier 2011-NM-144-AD;
Amendment 39-17087; AD 2012-12-07]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD
was prompted by reports of cracks underneath the passenger door in a
butt-joint on the forward fuselage of a Model F.28 Mark 0100 airplane.
This AD requires repetitive low frequency eddy current inspections of
the forward fuselage butt-joints for cracks, and if necessary, a
temporary repair followed by a permanent repair. We are issuing this AD
to detect and correct cracking of the butt-joint on the forward
fuselage, which could result in explosive decompression and consequent
loss of control of the airplane.

DATES: This AD becomes effective July 30, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 30,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on February 6, 2012 (77
FR 5724). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    A report has been received of a crack, detected in a butt-joint
on the forward fuselage of an F28 Mark 0100 aeroplane, underneath
the passenger door.
    Investigations revealed that, depending on the configuration of
the aeroplane, one or two butt-joints in the forward fuselage can be
affected.
    This condition, if not detected and corrected, could lead to
explosive decompression and consequent loss of the aeroplane.
    For the reasons described above, this [EASA] AD requires
repetitive [low frequency eddy current] inspections of the forward
fuselage butt joints for cracks and, when a crack is detected,
accomplishment of a temporary repair. This [EASA] AD also requires
reporting any cracks found to Fokker Services to enable the
development of a modification and the determination of an interval
for a repetitive inspection task, to be incorporated in the ALI
[airworthiness limitations instructions] section of the MRB
[maintenance review board] document. This [EASA] AD is considered to
be an interim measure and further AD action is likely.

Required actions include a permanent repair of the forward fuselage
butt-joints. You may obtain further information by examining the MCAI
in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 5724, February 6,
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed--except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 5724, February 6, 2012) for correcting the unsafe
condition; and

     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 5724, February 6, 2012).

Costs of Compliance

    We estimate that this AD will affect 4 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $1,020, or $255 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 40 work-hours and require parts costing $0, for a cost of
$3,400 per product. We have no way of determining the number of
products that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 5724, February 6,
2012), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2012-12-07 Fokker Services B.V.: Amendment 39-17087. Docket No. FAA-
2012-0039; Directorate Identifier 2011-NM-144-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 30,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and
0100 airplanes, as identified in Fokker Service Bulletin SBF100-53-
115, dated June 16, 2011.

(d) Subject

    Air Transport Association (ATA) of America Code 53: Fuselage.

(e) Reason

    This AD was prompted by reports of cracks underneath the
passenger door in a butt-joint on the forward fuselage of a Model
F.28 Mark 0100 airplane. We are issuing this AD to detect and
correct cracking of the butt-joint on the forward fuselage, which
could result in explosive decompression and consequent loss of
control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspection

    Before the accumulation of 20,000 total flight cycles, or within
180 flight cycles after the effective date of this AD, whichever
occurs later, do a low frequency eddy current inspection of the
forward fuselage butt-joints for cracks, in accordance with the
Accomplishment Instructions of Fokker Service Bulletin SBF100-53-
115, dated June 16, 2011. Repeat the inspection thereafter at
intervals not to exceed 1,000 flight cycles. Doing the temporary
repair in paragraph (h) of this AD is terminating action for the
repetitive inspections required by this paragraph. The temporary
repair can also be accomplished if no cracking is found.

(h) Temporary Repair

    If any cracking is found during any inspection required by
paragraph (g) of this AD, before further flight, do a temporary
repair, in accordance with the Accomplishment Instructions of Fokker
Service Bulletin SBF100-53-115, dated June 16, 2011. Doing the
temporary repair is terminating action for the repetitive
inspections required by paragraph (g) of this AD.

(i) Permanent Repair

    Within 10,000 flight cycles after installing the temporary
repair, as required by paragraph (h) of this AD, install a permanent
repair using a method approved by the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA.

(j) Reporting

    Submit a report of the findings (both positive and negative), to
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150
AE Nieuw-Vennep, the Netherlands, using the reports form of Fokker
Service Bulletin SBF100-53-115, dated June 16, 2011, of the
inspection required by paragraph (g) of this AD, at the applicable
time specified in paragraph (j)(1) or (j)(2) of this AD.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local

Flight Standards District Office, as appropriate. If sending
information directly to the International Branch, send it to Attn:
Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(l) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2011-0115, dated June 17, 2011; and Fokker Service
Bulletin SBF100-53-115, dated June 16, 2011; for related
information.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Fokker Service Bulletin SBF100-53-115, dated June 16, 2011.
    (3) For Fokker service information identified in this AD,
contact Fokker Services B.V., Technical Services Dept., P.O. Box
231, 2150 AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-
627-350; fax +31 (0)252-627-211; email
<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 7, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-14546 Filed 6-22-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Rules and Regulations]
[Pages 34063-34064]
[FR Doc No: 2019-15106]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0054; FRL-9995-93-Region 8]

Approval and Promulgation of Implementation Plans; Colorado;
Revisions to Regulation Number 4, Sale and Installation of Wood-Burning
Appliances and the Use of Certain Wood Burning Appliances During High
Pollution Days

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions to Colorado Regulation Number 4
(Reg. No. 4), ``Sale and Installation of Wood-Burning Appliances and
the Use of Certain Wood Burning Appliances During High Pollution
Days,'' submitted by the State on May 2, 2016 and May 14, 2018. The
revisions update definitions, emission standards, certification and
labeling requirements, and citation references to maintain consistency
with the EPA's 2015 Standards of Performance for New Residential Wood
Heaters. The EPA is taking this action in accordance with the Clean Air
Act (CAA).

DATES: This rule is effective on August 16, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0054. All documents in the docket are
listed on the http://www.regulations.gov website. 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, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our April
12, 2019 proposal (84 FR 14903). In that document we proposed to
approve the SIP submittals from the State of Colorado for Reg. No. 4
submitted on May 2, 2016 and May 14, 2018. The revisions update
definitions, emission standards, certification and labeling
requirements, and citation references to maintain consistency with the
EPA's 2015 Standards of Performance for New Residential Wood Heaters
(New Source Performance Standards 40 CFR part 60, subpart AAA).
    We received one comment in support of our proposed action.

II. Final Action

    We are approving the SIP submittals from the State of Colorado for
Reg. No. 4 submitted on May 14, 2018 and May 2, 2016 (except for
provisions that have been superseded by the later submission, as to
which we are not taking any action).\1\ We proposed these actions in
accordance with section 110 and part D of the CAA.
---------------------------------------------------------------------------

    \1\ On November 21, 2018, the EPA proposed amendments to the
revised 2015 NSPS, seeking comments on allowing retailers additional
time to sell existing inventory of wood stoves and on whether pellet
fuel requirements should be revised (83 FR 61574). In addition, the
EPA issued an Advanced Notice of Proposed Rulemaking to seek
comments on test methods and the 2020 compliance deadline for
tighter emission limits for forced-air furnaces, hydronic heaters
and wood stoves in the revised 2015 NSPS AAA (83 FR 61585). If new
federal requirements are finalized through these actions, Colorado
may update Reg. No. 4 through future SIP revisions to align Reg. No.
4 with federal requirements.
---------------------------------------------------------------------------

III. Incorporation by Reference

    In this document, 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
Colorado Reg. No. 4 pertaining to the regulation of wood stoves as
discussed in section II. of this preamble. The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 8 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by the EPA for inclusion in the State Implementation
Plan, have been incorporated by reference by the EPA into that plan,
are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of the EPA's approval,
and will be incorporated by reference in the next update to the SIP
compilation.\2\
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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 September 16, 2019. 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, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 11, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart G--Colorado

0
2. In Sec.  52.320, in the table in paragraph (c), section 5 CCR 1001-
06 is revised to read as follows:

Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                         State
               Title                   effective    EPA  effective   Final rule/citation          Comments
                                         date             date               date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  5 CCR 1001-06, Regulation Number 4, Sale and Installation of Wood-Burning Appliances and Use of Certain Wood
                                  Burning Appliances During High Pollution Days
----------------------------------------------------------------------------------------------------------------
I. Definitions....................       1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
                                                                     Register citation] 7/  04/17/97.
                                                                     17/2019.
II. Limitation on the Sale and           4/30/2017       8/16/2019  [Insert Federal        Previous SIP approval
 Installation of Wood-Burning                                        Register citation] 7/  04/17/97.
 Stoves.                                                             17/2019.
III. Approval Procedure for Pellet       1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
 Stoves.                                                             Register citation] 7/  04/17/97.
                                                                     17/2019.
V. Enforcement....................       1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
                                                                     Register citation] 7/  04/17/97.
                                                                     17/2019.
VI. List of Approved-Wood Burning        1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
 Appliances.                                                         Register citation] 7/  04/17/97.
                                                                     17/2019.
VII. High Pollution Days..........       1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
                                                                     Register citation] 7/  04/17/97.
                                                                     17/2019.
VIII. Requirements for                   4/30/2017       8/16/2019  [Insert Federal        Previous SIP approval
 Installation of Fireplaces.                                         Register citation] 7/  04/17/97.
                                                                     17/2019.
IX. Implementation of Local              1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
 Controls.                                                           Register citation] 7/  04/17/97.
                                                                     17/2019.
X. References.....................       1/14/2016       8/16/2019  [Insert Federal        Previous SIP approval
                                                                     Register citation] 7/  04/17/97.
                                                                     17/2019.

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

* * * * *
[FR Doc. 2019-15106 Filed 7-16-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61645-61647]
[FR Doc No: 2023-19233]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98259; File No. SR-EMERALD-2023-21]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Exchange's Options Fee Schedule To Extend the Date for Which Ad Hoc
Requests for Historical Intra-Day Open-Close Report Data May Be
Requested

August 31, 2023.
    Pursuant to the provisions of 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 18, 2023, MIAX Emerald, LLC (``MIAX
Emerald'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Options Fee Schedule
(``Fee Schedule'') to extend the date for which ad hoc requests for
historical intra-day Open-Close Report data may be requested.
    The text of the proposed rule change is available on the Exchange's
website at https://www.miaxglobal.com/markets/us-options/emerald-options/rule-filings, at MIAX Emerald's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange adopted a new data product for options known as the
Open-Close Report,\3\ which the Exchange made available for purchase to
Exchange Members \4\ and non-Members on June 1, 2021.\5\ The Open-Close
Report is described under Exchange Rule 531(d)(1).
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 91963 (May 21,
2021), 86 FR 28662 (May 27, 2021) (SR-EMERALD-2021-18) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Adopt a New Historical Market Data Product To Be Known as the Open-
Close Report).
    \4\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
    \5\ See Securities Exchange Act Release No. 92138 (June 9,
2021), 86 FR 31769 (June 15, 2021) (SR-EMERALD-2021-20) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Its Fee Schedule To Adopt Fees for the Open-Close Report).
---------------------------------------------------------------------------

    By way of background, the Exchange offers two versions of the Open-
Close Report, an end-of-day summary and intra-day report, both of which
can be requested on an ad-hoc basis. The Open-Close Report data is
proprietary Exchange trade data and does not include trade data from
any other exchange. It is also a historical data product and not a
real-time data feed. The Exchange notes that Open-Close Report data is
not necessary for trading and subscribing to the Open-Close Report is
completely optional.
    The Exchange charges Members and Non-Members who request on an ad
hoc basis historical intra-day Open-Close Report data $1,000 per
request per month. The Fee Schedule currently specifies that an ad hoc
request may be for any number of months beginning with June 2021, the
month in which the Exchange first made the Open-Close Report available.
The Exchange recently completed an initiative to now make available
historical intra-day Open-Close Report data beginning with March 2019,
the first full month in which the Exchange began operations.\6\
---------------------------------------------------------------------------

    \6\ See the Exchange's press release ``MIAX Emerald Successfully
Launches Trading Operations'' available at https://www.prnewswire.com/news-releases/miax-emerald-successfully-launches-trading-operations-300805959.html.
---------------------------------------------------------------------------

    The Exchange now proposes to amend the Fee Schedule to reflect that
ad hoc requests for historical intra-day Open-Close Report data may be
made for data dating back to March 2019. The Exchange does not propose
to amend the fee for ad hoc request for historical intra-day Open-Close
Report data.
Implementation Date
    The Exchange intends to implement the proposed changes immediately.
2. Statutory Basis
    The Exchange believes that its proposal to permit ad-hoc requests
for historical intra-day Open-Close Report data to be made for data
going back to March 2019 and to correspondingly amend its Fee Schedule
is consistent with Section 6(b) of the Act \7\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \8\ in particular, in that
it is an equitable allocation of reasonable fees and other charges
among its Members and issuers and other persons using its facilities.
The Exchange also believes that its proposal to permit ad-hoc requests
for historical intra-day Open-Close Report data to be made for data
going back to March 2019 and to correspondingly amend its Fee Schedule
is consistent with Section 6(b)(5) of the Act \9\ in that it is
designed to promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and it is not designed to permit unfair
discrimination among customers, brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes its proposal is reasonable and not unfairly
discriminatory because the Exchange now has over four years of
historical intra-day Open-Close Report data to provide to market
participants who request ad-hoc historical intra-day Open-Close Report
data since the Exchange's first full month of operations in March 2019.
The Exchange notes that competing exchanges offer similar historical
data products,\10\ which

provide insight into trading on those markets. The Exchange believes
that its proposal to expand this particular range of available
historical data will allow the Exchange to compete better with the
other exchanges that offer similar historical intra-day reports.
Although each of these similar Open-Close Report data products provide
only proprietary trade data and not trade data from competing
exchanges, it is possible investors are still able to gauge overall
investor sentiment across different option series based on open and
closing interest on any one exchange.\11\ Similarly, market
participants may be able to analyze option trade and volume data, and
create and test trading models and analytical strategies using only
Open-Close data, including historical intra-day data, relating to
trading activity on one or more of the competing markets that provide
similar data products. As such, if a market participant views another
exchange's historical intra-day Open-Close data as more attractive than
the Exchange's historical intra-day Open-Close Report data, then such
market participant can choose not to request such data from the
Exchange and instead purchase another exchange's historical intra-day
Open-Close data, which offers similar data points, albeit based on that
other market's trading activity.
---------------------------------------------------------------------------

    \10\ BOX Options Market LLC (``BOX'') offers a market data
report for Intraday Ad-hoc Requests (historical data) beginning with
January 2018. BOX charges $1,000 per request per month. See the BOX
fee schedule, available at https://boxexchange.com/assets/BOX-Fee-Schedule-as-of-July-3-2023.pdf. Nasdaq ISE, LLC (``ISE'') offers the
market data report for Nasdaq ISE Intraday Ad-hoc Requests
(historical data) beginning with May 2005. See https://www.nasdaq.com/solutions/nasdaq-open-close-trade-profiles%3A-ise-and-gemx. ISE charges $1,000 per request per month. See ISE fee
schedule, available at https://listingcenter.nasdaq.com/rulebook/ise/rules/ise-options-7. Nasdaq PHLX LLC (``PHLX'') offers
historical data for its intra-day report starting in January 2009
for purchase on an ad-hoc basis. See https://www.nasdaqtrader.com/micro.aspx?id=photo. PHXL charges $1,000 per month or $12,000 for
the most recent 36 months to firms currently subscribed to the on-
going subscription. See PHLX fee schedule, available at https://listingcenter.nasdaq.com/rulebook/phlx/rules/Phlx%20Options%207.
    \11\ The Exchange notes that its Open-Close Report data product
does not include data on any exclusive, singly-listed option series.
---------------------------------------------------------------------------

    The Exchange also believes its proposal is reasonable as it would
further enhance the usefulness of its Open-Close Report data, which is
designed to aid investors by providing insight into trading on the
Exchange. Providing market data, such as the historical intra-day Open-
Close Report, is also a means by which exchanges compete to attract
business. Purchasers that receive the expanded historical intra-day
Open-Close Report data as a result of this proposal, may use such data
to evaluate the usefulness of the Exchange's Open-Close Report and
decide, based on that data, whether to purchase the Open-Close Report.
To the extent that the Exchange is successful in selling the ad-hoc
historical intra-day Open-Close Report, it may earn trading revenues
and further enhance the value of its data products.
    The Exchange currently charges $1,000 per request per month for ad
hoc requests for its historical intra-day Open-Close Report data, which
is in line with, or lower than, the per request amounts charged by
competing exchanges for their similar historical data products.\12\ The
Exchange does not propose to amend the amount of the fee for ad hoc
requests for historical intra-day Open-Close Report data.
---------------------------------------------------------------------------

    \12\ See supra note 10.
---------------------------------------------------------------------------

    In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to consumers, and also spur innovation and competition for the
provision of market data. Particularly, the expanded historical intra-
day Open-Close Report data further broadens the availability of U.S.
option market data to investors consistent with the principles of
Regulation NMS.
    The Exchange believes that its proposal to permit ad-hoc requests
for historical intra-day Open-Close Report data to be made for data
going back to March 2019 is consistent with Section 6(b)(5) of the Act
\13\ in that it is designed to promote just and equitable principles of
trade, remove impediments to and perfect the mechanism of a free and
open market and a national market system, and it is not designed to
permit unfair discrimination among customers, brokers, or dealers. In
particular, the proposed extended historical data range would remove
impediments to and perfect the mechanism of a free and open market and
benefit Members and market participants by providing access to an
expanded range of historical intra-day Open-Close Report data, which as
noted above, may aid investors by providing insight into trading on the
Exchange, as well as research and studies of the options industry as a
whole.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. Rather, the
Exchange believes that the proposal will promote competition by
permitting the Exchange to sell, for months not previously available, a
historic data product similar to those offered by other competitor
options exchanges.\14\ The Exchange made the expanded historical intra-
day Open-Close Report data available in order to keep pace with changes
in the industry and evolving customer needs, and believes that
providing such data to market participants that make requests for it
will continue to contribute to robust competition among national
securities exchanges.
---------------------------------------------------------------------------

    \14\ See supra note 10.
---------------------------------------------------------------------------

    The Exchange also does not believe the proposal would cause any
unnecessary or inappropriate burden on intermarket competition as other
exchanges are free to expand their own comparable data product and
compete with the Exchange's offering. The Exchange does not believe the
proposed rule change would cause any unnecessary or inappropriate
burden on intramarket competition because the expanded date range will
be available to both Members and non-Members equally.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \15\ and Rule 19b-
4(f)(6) thereunder.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \18\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission to waive the 30-day operative delay so
that the proposal may become operative immediately upon filing. The
Exchange states that the proposal expands the data available under an
existing product, the intra-day Open-Close Report, and that this
product is designed to compete with

products that other exchanges offer.\19\ The Exchange further states
that it does not propose to amend the fee for ad hoc requests for
historical intra-day Open-Close Report data. For these reasons, and
because the proposal raises no novel legal or regulatory issues, the
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby waives the 30-day operative delay
and designates the proposed rule change as operative upon filing.\20\
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ See supra note 10.
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number
    SR-EMERALD-2023-21 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-EMERALD-2023-21. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-EMERALD-2023-21 and should
be submitted on or before September 28, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12), (59).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-19233 Filed 9-6-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Rules and Regulations]
[Page 63250-63253]
[DOCID:fr30oc06-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0548a; FRL-8225-5]

Revisions to the Nevada State Implementation Plan, Clark County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
Clark County portion of the Nevada State Implementation Plan (SIP).
These revisions concern particulate matter (PM) emissions from fugitive
dust sources, such as open areas, unpaved roads, and construction
activities. We are approving local rules that regulate these emission
sources under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on December 29, 2006 without further
notice, unless EPA receives adverse comments by November 29, 2006. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-0548a, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-

line instructions.

    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov,

including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through http://www.regulations.gov or e-mail.

http://www.regulations.gov is an ``anonymous access'' system, and EPA will not

know your identity or contact information unless you provide it in the
body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. 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.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA Region

IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, EPA Region IX, at
either<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revision?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations to Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by Clark County and submitted by Nevada.

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
           Local agency                      Rule No.               Rule title        Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
Clark Co.........................  Section 90..................  Fugitive Dust          12/17/02        01/23/03
                                                                  from Open
                                                                  Areas and
                                                                  Vacant Lots.
                                   Section 92..................  Fugitive Dust          12/17/02        01/23/03
                                                                  from Unpaved
                                                                  Parking Lots,
                                                                  Material
                                                                  Handling &
                                                                  Storage Yards,
                                                                  & Vehicle &
                                                                  Equipment
                                                                  Storage Yards.
                                   Section 93..................  Fugitive Dust          03/04/03        03/26/03
                                                                  from Paved
                                                                  Roads & Street
                                                                  Sweeping
                                                                  Equipment.
                                   Section 94..................  Permitting &           03/18/03        03/26/03
                                                                  Dust Control
                                                                  for
                                                                  Construction
                                                                  Activities.
                                                                 Construction           03/18/03        03/26/03
                                                                  Activities
                                                                  Dust Control
                                                                  Handbook.
----------------------------------------------------------------------------------------------------------------

    On September 26, 2003, these submittals from Clark County became
complete by operation of law since EPA did not make a formal finding
that they met the completeness criteria in 40 CFR part 51 Appendix V.
These criteria must be met before formal EPA review may begin.

B. Are there other versions of these rules?

    We approved versions of these rules into the Nevada SIP on June 9,
2004. See 69 Federal Register (FR) 32273. Nevada submitted the December
17, 2002 version of Clark County--Section 93 on January 23, 2003. This
prior submittal of Section 93 is now superseded by the March 26, 2003
submittal that is the subject of today's action.

C. What is the purpose of the submitted rule revisions?

    These rules help reduce fugitive dust emitted from open areas,
vacant lots, unpaved parking lots, material handling and storage yards,
and vehicle and equipment storage yards. PM is entrained from disturbed
surfaces and storage piles. Fugitive dust is also produced from
construction activities. Section 94 provides the requirements for
regulating and permitting construction activity fugitive dust
emissions.
    EPA's technical support document (TSD) has more information about
these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, these SIP rules must be enforceable (see section 110(a)
of the Act), must meet Reasonably Available Control Measure (RACM)
requirements for PM nonattainment areas (see section 189(a)), and must
not relax existing requirements (see sections 110(l) and 193). Clark
County regulates a serious PM nonattainment area (see 40 CFR part 81);
so, these fugitive dust rules must fulfill Best Available Control
Measure (BACM) requirements of section 189(b).
    We have listed below the guidance and policy documents that we used
to evaluate the rules for enforceability, RACM, and BACM requirements.
    1. Portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044, November 24, 1987.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in the
May 25, 1988 Federal Register.
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``General Preamble for the Implementation of Title I of the
Clean Air Act Amendments of 1990,'' at 57 FR 13498, April 16, 1992.
    5. ``General Preamble for the Implementation of Title I of the
Clean Air Act Amendments of 1990,'' at 57 FR 18070, April 28, 1992.
    6. General Preamble for the Implementation of Title I of the Clean
Air Act Amendments of 1990,'' at 59 FR 41998, August 16, 1994.
    The Clark County PM-10 plan made several commitments for revisions
to the fugitive dust regulations. EPA adopted these commitments into
the SIP with our June 9, 2004 approval of the PM-10

plan. Two of these commitments were addressed with the current
submittals from Clark Co. The first commitment concerned reviewing and
developing as needed an alternative fugitive dust test method for
Section 94 (chapter <IP_ADDRESS> commitment). The second commitment
concerned several revisions to Clark County fugitive dust regulations
concerning Dust Mitigation Plans, prohibition of dust over property
lines, and equipment prohibitions on paved roads (chapter <IP_ADDRESS>
commitment). The TSD summarizes these commitments and the actions taken
by Clark Co. to meet them.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACM, and SIP relaxations. We have
determined that the SIP-approved versions of these rules meet the Act's
BACM requirements when we approved the Clark County PM-10 Plan. See 69
FR 32273, June 9, 2004. The submitted rules do not relax their BACM
requirements. Also, we find that Clark Co. met the PM-10 plan
commitments described in chapters <IP_ADDRESS> and <IP_ADDRESS>. The TSD provides
more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    We have no recommendations.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by November 29, 2006, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on December 29, 2006. This will incorporate
these rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    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, in the absence of a prior existing 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.
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 December 29, 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) of the CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: July 27, 2006.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations 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 DD--Nevada

0
2. Section 52.1470 is amended by adding paragraphs (c)(60) and (c)(61)
to read as follows:

Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *
    (60) The following plan revision was submitted on January 23, 2003,
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental
Management.
    (1) Sections 90 and 92, adopted June 22, 2000 by the Clark County
Board of Commissioners, and amended on December 17, 2002.
    (61) The following plan revision was submitted on March 26, 2003,
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental
Management.
    (1) Section 93, adopted on June 22, 2000 by the Clark County Board
of Commissioners and amended on March 4, 2003; Section 94, adopted on
June 22, 2000 by the Clark County Board of Commissioners and amended on
March 18, 2003; and, the ``Construction Activities Dust Control
Handbook'', adopted June 22, 2000 by the Clark County Board of
Commissioners and amended on March 18, 2003.
* * * * *

 [FR Doc. E6-18158 Filed 10-27-06; 8:45 am]

BILLING CODE 6560-50-P