[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Page 621]
[FR Doc No: 2010-33301]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Commercial Space Transportation Advisory Committee--Public
Teleconference

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Commercial Space Transportation Advisory Committee
Teleconference.

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

SUMMARY: Pursuant to Section 10(a)(2) of the Federal Advisory Committee
Act (Pub. L. 92-463, 5 U.S.C. App. 2), notice is hereby given of a
teleconference of the Commercial Space Transportation Advisory
Committee (COMSTAC). The teleconference will take place on Thursday,
January 20, 2011, starting at 1:30 p.m. Eastern Standard Time.
Individuals who plan to participate should contact Susan Lender, DFO,
(the Contact Person listed below) by phone or e-mail for the
teleconference call in number.
    The proposed agenda for this teleconference is to review the
structure of the COMSTAC Working Groups. The Committee will examine the
current Working Groups and discuss whether it should make changes to
the current structure. If changes are necessary, what should they be?
    Interested members of the public may submit relevant written
statements for the COMSTAC members to consider under the advisory
process. Statements may concern the issues and agenda items mentioned
above or additional issues that may be relevant for the U.S. commercial
space transportation industry. Interested parties wishing to submit
written statements should contact Susan Lender, DFO, (the Contact
Person listed below) in writing (mail or e-mail) by January 14, 2011,
so that the information can be made available to COMSTAC members for
their review and consideration before the January 20, 2011,
teleconference. Written statements should be supplied in the following
formats: one hard copy with original signature or one electronic copy
via e-mail.
    An agenda will be posted on the FAA Web site at http://www.faa.gov/go/ast.
    Individuals who plan to participate and need special assistance
should inform the Contact Person listed below in advance of the
meeting.

FOR FURTHER INFORMATION CONTACT: Susan Lender (AST-100), Office of
Commercial Space Transportation (AST), 800 Independence Avenue, SW.,
Room 325, Washington, DC 20591, telephone<PHONE_NUMBER>; E-mail
<EMAIL_ADDRESS>Complete information regarding COMSTAC is
available on the FAA Web site at: http://www.faa.gov/about/office_org/headquarters_offices/ast/advisory_committee/.

    Issued in Washington, DC, December 29, 2010.
James B. Duffy,
Acting Associate Administrator for Commercial Space Transportation.
[FR Doc. 2010-33301 Filed 1-4-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Pages 58199-58200]
[FR Doc No: 2012-23040]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67852; File No. SR-NASDAQ-2012-105]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Delete NASDAQ Rule 7032

September 13, 2012.
    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 September 12, 2012, the NASDAQ Stock Market LLC (``NASDAQ'' or
``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. 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 the
Substance of the Proposed Rule Change

    The Exchange proposes to delete NASDAQ Rule 7032. The text of the
proposed rule change is available at http://nasdaq.cchwallstreet.com,
at NASDAQ'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
    NASDAQ is proposing to delete Rule 7032, Late Fees. This rule is
identical to former NASD Rule 7080, which was applicable to charges
imposed by the Nasdaq Market Center prior to NASDAQ's exchange
registration and separation from FINRA (then NASD) in 2006. Prior to
2006, the business decision was made not to assess late fees under NASD
Rule 7080; however, the rule inadvertently was not deleted from the
rulebook and subsequently was included in the NASDAQ rules. Because
members historically have not been assessed late fees under this Rule,
and NASDAQ has determined not to do so in the future, NASDAQ is
proposing to delete Rule 7032.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\3\ in general, and with
Sections 6(b)(4) and (5) of the Act,\4\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which NASDAQ operates or controls, and is not
designed to permit unfair discrimination between customers, issuers,
brokers or dealers. NASDAQ believes that the proposed rule change is
reasonable, equitable and non-discriminatory in that it is eliminating
a fee provision that NASDAQ has determined is not necessary and the
change applies to all NASDAQ members.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(4) and (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, as amended.

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

    The proposed rule change is effective upon filing pursuant to
Section 19(b)(3)(A) of the Act \5\ and paragraph (f)(6) of Rule 19b-4
thereunder,\6\ in that the proposed rule change: (i) does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) does not become operative for 30 days after the date of the
filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest;
provided the self-regulatory organization has given 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. NASDAQ
provided such notice on August 16, 2012.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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 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, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2012-105 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2012-105. 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 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 Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10:00 a.m. and 3:00 p.m.
Copies of such filing also will be available for inspection and copying
at the principal offices of the Exchange. 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-NASDAQ-2012-105, and should be submitted
on or before October 10, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-23040 Filed 9-18-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 20, 2006 (Volume 71, Number 223)]
[Notices]
[Page 67176-67178]
[DOCID:fr20no06-99]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54741; File No. SR-Amex-2006-106]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Relating to the Adoption of a
Penny Quoting Pilot Program

November 9, 2006.
    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 November 9, 2006, the American Stock Exchange LLC (``Amex'' or
``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 substantially prepared by the
Amex. 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 is proposing to adopt a six month pilot program (the
``Penny Quoting Pilot Program'') to quote a limited number of options
classes in a minimum price variation (``MPV'') of $0.01.
    The text of the proposed rule change, including Exhibit 2 (a draft
Regulatory Circular, which sets forth the list of the options classes
that will be subject to the proposed Penny Quoting Pilot Program) to
the proposed rule change is available on the Amex's Web site at http://www.amex.com
, at 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 Amex 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
    On June 7, 2006, Commission Chairman Cox submitted a letter (the
``June 7th Letter'') to each options exchange supporting the
introduction and implementation of a pilot program for the quoting of a
limited number of options classes in pennies ($0.01 MPV). The Exchange,
after meaningful discussion with the Commission staff, submits this
proposed rule change for the purpose of adopting the Penny Quoting
Pilot Program.
    Options classes are currently quoted in MPVs in nickels ($0.05) and
dimes ($0.10). Amex Rule 952 provides that the MPV for an option on a
stock or ETF share is as follows: (i) For option issues quoted under $3
a contract, $0.05 MPV; and (ii) for option issues quoted at $3 a
contract or greater, $0.10 MPV. As set forth in the June 7th Letter,
quoting in penny increments ($0.01 MPV) is expected to benefit
investors by allowing options quotes to be expressed at better prices
and options orders to be executed at the best possible price.
Furthermore, the Exchange submits that quoting in pennies would further
enhance competition among the option exchanges.
Proposed Penny Quoting Pilot Program
    Selection of the Options Classes. The proposed Penny Quoting Pilot
Program will initially consist of thirteen (13) options classes.
Exhibit 2 to the proposed rule change is a draft Regulatory Circular
which sets forth the list of the options classes that will be subject
to the proposed Penny Quoting Pilot Program.
    Minimum Price Variations (MPVs). The quoting requirements in
connection with the Penny Quoting Pilot Program will be as follows:
     MPVs of $0.01 for options with premiums of up to $3
     MPVs of $0.05 for options with premiums of $3 or greater
except for the QQQQ options which will trade at an MPV of $0.01 for all
premiums.
    Because quoting options in pennies will increase quote message
traffic, which may overwhelm certain data systems of the options
exchanges, market data vendors and securities firms, quoting options in
pennies will begin in a limited number of options classes. The Exchange
believes that the proposed introduction of a limited number of options
classes that may quote in pennies under the Penny Quoting Pilot Program
is reasonable given the system capacity constraints and concerns that
exist industry-wide. The Amex believes that once experience has been
gained from the proposed Penny Quoting Pilot Program, the Commission
and the industry will be better able to assess the impact on market
quality and systems capacity.
    The Commission's Office of Economic Analysis (``OEA'') and each
participating options exchange will perform individual analysis of the
initial pilot program options classes after a three (3) month interval
(the ``Pilot Report''). The Pilot Report will be submitted to the
Commission within thirty (30) days of the end of such three (3) month
time period. The Pilot Report will compare quotation and trading
activity in the three (3) months prior to the Penny Quoting Pilot
Program to the first three (3) months of the Penny Quoting Pilot
Program as follows: (1) Quotation spread, quotation size, average daily
volume and other relevant factors; (2) the number of quotations in the
Penny Quoting Pilot Program and the effect on Amex system's capacity;
and (3) an assessment of trade-throughs and how they were addressed.
The Exchange expects that the Pilot Report will be the subject of
further discussions regarding status and next steps for the industry.
Quote Mitigation Strategy
    As a condition to participation in the Penny Quoting Pilot Program,
the Commission expects that each options exchange provide a rational
quote mitigation strategy because of the concerns regarding system
capacity. The Amex has in place several quote mitigation mechanisms and
continues to evaluate its need for enhanced system capacity and
management. The Exchange believes that its current quote mitigation
strategies are effective as set forth below.
     Join Quote. The Amex, through the ANTE system,\3\ provides
that registered options traders (``ROTs'') may either stream their own
quotes or join the specialist's disseminated quotation in some or all
of his assigned classes or series (``join quote''). In order to
participate in ``join quote,'' a ROT must be physically present in the
trading crowd. The purpose of allowing ROTs to piggyback on
specialists' quotes is partly to reduce market data traffic by allowing
ROTs to join the specialist's quote in the less actively traded series
(far out months, etc.) while auto-quoting the more actively traded
series.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 49747 (May 20,
2004), 69 FR 30344 (May 27, 2004) (SR-Amex-2003-89).
---------------------------------------------------------------------------

     Monitoring. The Amex actively monitors the quotation
activity of its market participants. When the Exchange detects that a
market participant is disseminating significantly more quotes than the
average market participant, the Exchange contacts the market
participant and alerts them to potentially excessive quotation
activity. Often such monitoring reveals that the market participant may
have internal system issues or has incorrectly set system parameters.
Alerting the market participant usually leads to the market participant
to take steps to reduce the number of quotes for dissemination.
     Holdback Timers. The Amex has the systematic ability to
limit the dissemination of quotations and other changes to the Amex
Best Bid or Offer (``ABBO'') according to prescribed time criteria
(``Holdback Timer''). For instance, if there is a change in the price
of a security underlying an option, multiple market participants may
adjust the price or size of their quotes. Rather than disseminating
each individual change, the Holdback Timer permits the Exchange to wait
until multiple market participants have adjusted their quotes and then
to disseminate a new quotation. This helps to prevent the
``flickering'' of quotations. The Amex proposes to codify the Holdback
Timer in this rule filing. As proposed in Amex Rule 958A--ANTE, the
Exchange will utilize a Holdback Timer that delays quotation updates
for no longer than one (1) second.
     Delisting. The Amex commits to the Commission that it will
delist options with an average daily volume (``ADV'') of less than 25
contracts. However, it has been the policy of the Amex to be much more
aggressive in delisting relatively inactive options, thereby
eliminating the quotation traffic attendant to such listings.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\5\ in particular, in that the
proposed rule change is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts and
practices, 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.

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

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

    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

    Written comments on the proposed rule change were neither solicited
nor received.

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 No. SR-Amex-2006-106 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 No. SR-Amex-2006-106. 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 at 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, 100 F Street, NE.,
Washington, DC 20549. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. 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 No. SR-Amex-2006-106 and should be
submitted on or before December 11, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-19512 Filed 11-17-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: May 23, 2008 (Volume 73, Number 101)]
[Notices]
[Page 30186]
[DOCID:fr23my08-133]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2008-20]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before June 12, 2008.

ADDRESSES: You may send comments identified by Docket Number FAA-2008-
0496 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Annette K. Kovite,<PHONE_NUMBER>,
Transport Airplane Directorate, Federal Aviation Administration, 1601
Lind Avenue, SW., Renton, WA 98057-3356, or Frances Shaver, (202) 267-
9681, Office of Rulemaking, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591. This notice is
published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on May 19, 2008.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2008-0496.
    Petitioner: Alenia Aeronautica S.p.A.
    Section of 14 CFR Affected: Sec.  25.841(a), and (b)(6).
    Description of Relief Sought: Alenia seeks relief for the C-27J JCA
airplane from the requirements for: (1) Not exceeding a cabin pressure
altitude of 8000 feet for pressurized cabins and compartments during
normal operation, (2) not exposing occupants to cabin pressures in
excess of 15,000 feet after any probable failure condition of the
pressurization system, and (3) providing a warning indication if cabin
pressure altitude exceeds 10,000 feet.

 [FR Doc. E8-11665 Filed 5-22-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59664-59666]
[FR Doc No: 2022-21360]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0569; Airspace Docket No. 21-ANM-65]
RIN 2120-AA66

Modification of Class D and Class E Airspace; Idaho Falls
Regional Airport, ID

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

ACTION: Final rule.

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

SUMMARY: This action modifies the Class D and E surface areas, the
Class E airspace area designated as an extension to a Class D or Class
E surface area, the Class E airspace extending upward from 700 feet
above the surface, and the Class E airspace extending upward from 1,200
feet above the surface at Idaho Falls Regional Airport, ID.
Additionally, this action makes administrative changes to update the
airport's legal descriptions. These actions ensure the safety and
management of instrument flight rule (IFR) and visual flight rule (VFR)
operations at the airport.

DATES: Effective 0901 UTC, December 29, 2022. The Director of the
Federal Register approves this incorporation by reference under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11,
Airspace Designations and Reporting Points, and publication of
conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, and subsequent amendments can be
viewed online at www.faa.gov/air_traffic/publications/. For further
information, you can contact the Airspace Policy Group, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gerald DeVore II, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S. 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would modify Class D and Class E airspace at Idaho Falls Regional
Airport, ID, to support IFR and VFR operations at the airport.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register for FAA-2022-0569 (87 FR 38307; June 28, 2022) to
modify the Class D and E surface areas, the Class E airspace area
designated as an extension to a Class D or Class E surface area, the
Class E airspace extending upward from 700 feet above the surface, and
the Class E airspace extending upward from 1,200 feet above the surface
at Idaho Falls Regional Airport, ID. Additionally, the NPRM proposed
administrative changes to update the airport's legal descriptions.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class D, Class E2, Class E4, and Class E5 airspace designations are
published in paragraphs 5000, 6002, 6004, and

6005, respectively, of FAA Order JO 7400.11G, dated August 19, 2022,
and effective September 15, 2022, which is incorporated by reference in
14 CFR 71.1. The Class D and Class E airspace designations listed in
this document will be published subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 by modifying Class D and E
surface areas, the Class E airspace area designated as an extension to
a Class D or Class E surface area, the Class E airspace extending
upward from 700 feet above the surface, and the Class E airspace
extending upward from 1,200 feet above the surface at Idaho Falls
Regional Airport, ID.
    Class D airspace is intended to contain the point at which an
aircraft executing an instrument approach procedure (IAP) can be
expected to descend to less than 1,000 feet above the surface. The
1,000-foot point of the VOR RWY 3 IAP is currently outside of the
lateral boundary of the airport's Class D surface area. The Class D
airspace is extended to the southwest to contain this point.
Additionally, the exclusionary language for the nearby Eastern Idaho
Regional Medical Center Heliport is modified to simplify the Idaho
Falls Regional Airport's Class D legal description.
    The Class E surface airspace is amended to be coincident with the
Class D airspace legal description.
    The Class E airspace area designated as an extension to a Class D
or Class E surface area is removed southwest of the airport. The RWY 3
VOR 1,000 foot point is contained within the Class D surface area, and
the airspace is no longer needed. The Class E airspace area designated
as an extension to a Class D or Class E surface area northeast of the
airport is reduced. The extension is used to contain the VOR RWY 21
1,000-foot point, and only a 4.8-mile width is needed.
    The Class E airspace extending upward from 700 feet above the
surface is removed southwest of the airport. The existing Class E
airspace extending upward from 1,200 feet above the surface contains
all procedure turns for the VOR RWY 3 and LOC BC RWY 3 approaches, and
at least 1,500 feet exists between the highest terrain and the
procedure turn altitudes. The Class E airspace area extending upward
from 700 feet above the is expanded to contain procedure turns for the
ILS/LOC RWY 21 IAP, as terrain exists within 1,500 feet of the
procedure turn altitude. The Class E airspace area extending upward
from 700 feet above the surface immediately encircling the airport is
increased from a 7.5-mile radius to an 8-mile radius around the airport
to more appropriately contain departures and circling approaches. The
existing Class E airspace extending upward from 1,200 feet above the
surface over the airport consistently overlapped with adjacent
airspace, creating the potential for future airspace ``traps.'' The FAA
has re-defined the boundaries of this area to more appropriately align
it with other airspace and simplify its legal description.
    Finally, the FAA is modifying several administrative portions of
the Idaho Falls Airport's legal descriptions. The airport's geographic
coordinates are updated to match the FAA's database. Additionally, the
current Class D and Class E2 surface area legal descriptions are
modified to replace the use of the phrases ``Notice to Airmen'' and
``Airport/Facility Directive.'' These phrases should read ``Notice to
Air Missions'' and ``Chart Supplement,'' respectively, in both legal
descriptions. Lastly, all navigational aids (NAVAID) are removed from
the Class E4 and E5 legal description text headers, as they're not
required to describe the airspace areas, and the removal of the NAVAIDs
simplifies the legal descriptions.
    Class D, Class E2, Class E4, and Class E5 airspace designations are
published in paragraphs 5000, 6002, 6004, and 6005, respectively, of
FAA Order JO 7400.11G, dated August 19, 2022, and effective September
15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class
D and Class E airspace designations listed in this document will be
published subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11 is published annually and becomes effective on
September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It therefore: (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; Feb. 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a. This airspace action is not expected to cause any
potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant the preparation of an environmental
assessment.

List of Subjects in 14 CFR Part 71

    Airspace, incorporation by reference, navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the FAA amends 14 CFR part 71 as
follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANM ID D Idaho Falls, ID [Amended]

Idaho Falls Regional Airport, ID
    (Lat. 43[deg]30'49'' N, long. 112[deg]04'15'' W)

    That airspace extending upward from the surface to and including
7,200 feet MSL within a 5.4 mile radius of the airport, and within
2.4 miles each side of the 223[deg] bearing

from the airport extending from the 5.4 mile radius to 6.6 miles
southwest of the airport, excluding that airspace below 5,300 feet
MSL within 1 mile each side of the 126[deg] bearing from the airport
beginning 3.4 miles southeast of the airport extending to the 5.4
mile radius of the airport. This Class D airspace area is effective
during the specific dates and times established in advance by a
Notice to Air Missions. The effective date and time will thereafter
be continuously published in the Chart Supplement.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM ID E2 Idaho Falls, ID [Amended]

Idaho Falls Regional Airport, ID
    (Lat. 43[deg]30'49'' N, long. 112[deg]04'15'' W)

    That airspace extending upward from the surface within a 5.4
mile radius of the airport, and within 2.4 miles each side of the
223[deg] bearing from the airport extending from the 5.4 mile radius
to 6.6 miles southwest of the airport, excluding that airspace below
5,300 feet MSL within 1 mile each side of the 126[deg] bearing from
the airport beginning 3.4 miles southeast of the airport extending
to the 5.4 mile radius of the airport. This Class E airspace area is
effective during the specific dates and times established in advance
by a Notice to Air Missions. The effective date and time will
thereafter be continuously published in the Chart Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area

* * * * *

ANM ID E4 Idaho Falls, ID [Amended]

Idaho Falls Regional Airport, ID
    (Lat. 43[deg]30'49'' N, long. 112[deg]04'15'' W)

    That airspace extending upward from the surface within 2.4 miles
each side of the 028[deg] bearing from the airport extending from
the Class D and Class E surface area 5.4 mile radius to 7.5 miles
northeast of the airport. This Class E airspace area is effective
during the specific dates and times established in advance by a
Notice to Air Missions. The effective date and time will thereafter
be continuously published in the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM ID E5 Idaho Falls, ID [Amended]

Idaho Falls Regional Airport, ID
    (Lat. 43[deg]30'49'' N, long. 112[deg]04'15'' W)

    That airspace extending upward from 700 feet above the surface
within 8 miles of the Idaho Falls Regional Airport, and that
airspace 8 miles east and 9 miles west of the 032[deg] bearing from
the airport, extending from the 8 mile radius to 28 miles northeast
of the airport; and that airspace extending upward from 1,200 feet
above the surface within an area bounded by a line beginning at lat.
43[deg]34'55'' N, long. 112[deg]29'22'' W, to lat. 44[deg]19'00'' N,
long. 112[deg]04'36'' W, to lat. 44[deg]12'35.47'' N, long.
110[deg]48'27.66'' W to lat. 43[deg]26'00'' N long. 110[deg]57'56''
W, to lat. 42[deg]34'53'' N, long. 111[deg]59'59'' W, to lat.
42[deg]11'3.52'' N, long. 112[deg]00'00'' W to lat. 42[deg]27'00'' N
long 113[deg]22'00'' W, to lat. 42[deg]57'33'' N long
113[deg]32'27'' W, thence to the point of beginning.

    Issued in Des Moines, Washington, on September 27, 2022.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2022-21360 Filed 9-30-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Rules and Regulations]
[Pages 38754-38757]
[FR Doc No: 2023-12490]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0239; FRL-10597-02-R9]

Air Plan Actions; Nevada; Clark County--Department of Environment
and Sustainability; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing an
approval, a partial approval and partial disapproval, and a limited
approval and limited disapproval of certain revisions to the Clark
County portion of the Nevada State Implementation Plan (SIP). These
revisions primarily concern the Clark County Department of Environment
and Sustainability's (``DES'' or ``Department'') general definitions
rule and New Source Review (NSR) permitting program for new and
modified sources of air pollution under the Clean Air Act (CAA or
``Act'').

DATES: This rule is effective on July 14, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0239. 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 the
disclosure of which 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, Air-3-
2, 75 Hawthorne St., San Francisco, CA 94105,<PHONE_NUMBER>,
[email protected].

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

Table of Contents

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

I. Proposed Action

    On February 2, 2023, the EPA proposed an approval, a partial
approval and partial disapproval, and a limited approval and limited
disapproval of four rules listed in Table 1 into the Clark County
portion of the Nevada State Implementation Plan (SIP), and proposed to
rescind from the Nevada SIP one rule listed in Table 1, as discussed
below.\1\
---------------------------------------------------------------------------

    \1\ 88 FR 7046. Table 1 lists the submitted rules addressed by
this action, including the dates on which they were adopted by the
Clark County Board of County Commissioners, and the dates on which
they were submitted by the Nevada Division of Environmental
Protection to the EPA.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                Cover letter
              Section                       Section title             Adopted          date       Submittal date
----------------------------------------------------------------------------------------------------------------
0..................................  Definitions................         7/20/21         1/31/22         1/31/22
10.................................  Compliance Schedules               12/18/18          6/6/19         6/10/19
                                      (Request to rescind).
12.0...............................  Applicability and General           1/21/20         3/13/20         3/16/20
                                      Requirements.
12.1...............................  Permit Requirements for            12/18/18         4/12/19         4/12/19
                                      Minor Sources.
12.11..............................  General Permits for Minor          12/18/18         4/12/19         4/12/19
                                      Stationary Sources.
----------------------------------------------------------------------------------------------------------------

    The submitted rules are intended to update the Nevada SIP with
recent revisions to the Department's Air Quality Regulations. See our
notice of proposed rulemaking and Technical Support Document (TSD) for
additional information about the submitted rules and our evaluation of
them.
    In our proposed action, we proposed partial approval and partial
disapproval of Section 0, because the revisions to the rule were
approvable, except that the submitted rule removed a definition for
``Clearing and Grubbing'', a term still used in the SIP. Therefore, we
proposed to retain in the SIP the definition of ``Clearing and
Grubbing'' from the current SIP-approved version of Section 0. We also
proposed approval of the request to rescind Section 10 from the SIP,
because the rule has been repealed locally and is no longer relevant.
In addition, we proposed full approval of Section 12.0 because we
determined that the revisions to the rule satisfy the applicable
statutory and regulatory provisions governing regulation of stationary
sources under CAA section 110(a)(2)(C).
    We also proposed a limited approval and limited disapproval of
Sections 12.1 and 12.11, because we determined that these rules mostly
satisfy the applicable statutory and regulatory provisions governing
regulation of stationary sources under CAA section 110(a)(2)(A) and
(C), but they do not satisfy all of these requirements. Specifically,
we identified the following six deficiencies. First and second, the
provisions in Sections 12.1.2(c)(7) and (8), which exempt ancillary
parts washers and degreasers that use only certified clean air solvents
from permitting requirements, are deficient because the term
``certified clean air solvents'' is not defined in any Section 12
series rule, which makes the provision unenforceable. Third, the
provision in Section 12.1.2(c)(10) allowing the Control Officer to deem
any other emission unit or activity to be insignificant on a case-by-
case basis with no specific criteria for making this determination is
deficient because it contains impermissible Director's discretion.
Fourth, the provision in Section <IP_ADDRESS>(z) contains impermissible
Control Officer discretion to decide whether certain conditions should
be added to portable minor source permits. Fifth, Section 12.11
contains an unenforceable cross-reference relating to certain emissions
inventory report requirements, and sixth, Section 12.11 does not
satisfy the requirement in 40 CFR 51.160(f) that the screening model
used pursuant to Section 12.11.1(f) be based on the applicable models,
databases, and other requirements specified in 40 CFR part 51, appendix
W.

II. Public Comments

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

III. EPA Action

    No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) and 301(a) of the Act, the EPA is finalizing our
action as proposed. Specifically, the EPA is finalizing an approval of
the request to rescind Section 10 from the SIP, an approval of Section
12.0, a partial approval and partial disapproval of Section 0, and a
limited approval and limited disapproval of Sections 12.1 and 12.11.
This action incorporates the submitted rules (except Section 10) into
the Clark County portion of the Nevada State Implementation Plan (SIP),
including those provisions identified as deficient.
    A portion of this approval is limited because EPA is simultaneously
finalizing a limited disapproval of Sections 12.1 and 12.11 under
section 110(k)(3). Our limited disapproval action triggers an
obligation for the EPA to promulgate a Federal Implementation Plan
(FIP) unless the State corrects the deficiencies, and the EPA approves
the related plan revisions, within two years of this final action. The
EPA intends to work with the Department to correct the deficiencies in
a timely manner.
    Note that Sections 12.1 and 12.11 have been adopted by the
Department, and the EPA's final limited disapproval does not prevent
the local agency from enforcing these rules. The limited disapproval
would also not prevent any portion of the rule from being incorporated
by reference into the federally enforceable SIP, as discussed in a July
9, 1992 EPA memo found at: https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.
    We note for clarity that, with this final action, the version of
Section 0 listed in Table 1 will be approved into the SIP, and a
separate entry for the definition of ``Clearing and Grubbing'' from the
current SIP-approved version of Section 0, approved into the SIP on
October 17, 2014, will be retained in the SIP. Therefore, our partial
disapproval action for Section 0 will require no further action from
the Department to remedy the identified deficiency. More generally, the
incorporation of the submitted version of Section 0 into the SIP will
replace the older version of

Section 0 that had been in the SIP, except for the definition of
``Clearing and Grubbing''; that older version of Section 0 is being
removed from the SIP (except for the specified definition). In
addition, our approval of certain definitions in the submitted version
of Section 0 will replace in the SIP the older versions of those same
definitions that are currently included in SIP-approved Section 1;
these older versions of the definitions are being removed from the SIP.
Similarly, with our approval into the SIP of the versions of Sections
12.0 and 12.1 listed in Table 1, this action removes the older versions
of these rules that had been in the SIP. Our proposed rule and TSD
provide more information in this regard.

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 incorporating by reference the following Clark County
DES rules: Sections 0, 12.0, 12.1 and 12.11, as described in Table 1 of
this notice concerning definitions and New Source Review permit program
requirements. The EPA has made, and will continue to make, these
materials 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 notice for more
information).
    Also in this document, as described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing provisions from the EPA-
approved rules for the Clark County portion of the Nevada SIP, which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    Under the CAA, 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 review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this final action addresses whether the relevant state
rule submittals meet federal requirements and does not impose
additional requirements beyond those imposed by state law.

    Clark County DES did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. The EPA did not perform an EJ analysis and did not consider
EJ in this action. Due to the nature of the action being taken here,
this action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of Executive Order 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

M. Petitions for Judicial Review

    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 August 14, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Administrative practice and procedure, Environmental protection,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.

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

    Dated: June 6, 2023.
Martha Guzman Aceves,
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 DD--Nevada

0
2. In Sec.  52.1470, paragraph (c), table 3 is amended by:
0
a. Removing the entry for ``Section 0'' and adding two new entries for
``Section 0'' in its place;
0
b. Removing the entries for ``Section 1 (``Definitions''): Subsection
1.1'', ``Section 1 (``Definitions''): Subsection 1.26'', ``Section 1
(``Definitions''): Subsection 1.29'', ``Section 1 (``Definitions''):
Subsection 1.36'', ``Section 1 (``Definitions''): Subsection 1.51'',
``Section 1 (``Definitions''): Subsection 1.57'', ``Section 1
(``Definitions''): Subsection 1.95'' and ``Section 10''.
0
c. Revising the entries for ``Section 12.0'' and ``Section 12.1''; and
0
d. Adding an entry for ``Section 12.11'' after the entry for ``Section
12.9.1''.
    The additions and revisions read as follows:

Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *

                                 Table 3--EPA-Approved Clark County Regulations
----------------------------------------------------------------------------------------------------------------
                                                            County
         County citation               Title/subject      effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
Section 0........................  Definitions.........       8/3/21  [Insert Federal       Submitted
                                                                       Register citation],   electronically on
                                                                       6/14/23.              January 31, 2022,
                                                                                as an attachment to
                                                                                a letter dated
                                                                                January 31, 2022.
Section 0........................  Definitions                4/1/14  79 FR 62351, 10/17/   Amended by Clark
                                    (``Clearing and                    14.                   County Board of
                                    Grubbing'' only).                                        County
                                                                                Commissioners on
                                                                                March 18, 2014
                                                                                through Ordinance
                                                                                No. 4189. Submitted
                                                                                by NDEP on 4/1/14.

                                                  * * * * * * *
Section 12.0.....................  Applicability and          2/4/20  [Insert Federal       Submitted
                                    General                            Register citation],   electronically on
                                    Requirements.                      6/14/23.              March 16, 2020, as
                                                                                an attachment to a
                                                                                letter dated March
                                                                                13, 2020.
Section 12.1.....................  Permit Requirements        1/1/19  [Insert Federal       Submitted
                                    for Minor Sources.                 Register citation],   electronically on
                                                                       6/14/23.              April 12, 2019, as
                                                                                an attachment to a
                                                                                letter dated April
                                                                                12, 2019.

                                                  * * * * * * *
Section 12.11....................  General Permits for        1/1/19  [Insert Federal       Submitted
                                    Minor Stationary                   Register citation],   electronically on
                                    Sources.                           6/14/23.              April 12, 2019, as
                                                                                an attachment to a
                                                                                letter dated April
                                                                                12, 2019.

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

* * * * *
[FR Doc. 2023-12490 Filed 6-13-23; 8:45 am]
BILLING CODE 6560-50-P