[Federal Register: January 3, 2007 (Volume 72, Number 1)]
[Rules and Regulations]
[Page 11-18]
[DOCID:fr03ja07-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0590; FRL-8260-1]

Approval and Promulgation of Implementation Plans; Revisions to
the Nevada State Implementation Plan; Requests for Rescission

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve certain revisions to the
Nevada State Implementation Plan (SIP) and to disapprove certain other
revisions. These revisions involve rules and statutory provisions for
which the State of Nevada is requesting rescission. EPA is also taking
final action to approve certain updated statutory provisions submitted
by the State of Nevada as replacements for outdated statutory
provisions in the applicable plan. These actions were proposed in the
Federal Register on August 28, 2006. The intended effect is to rescind
unnecessary provisions from the applicable plan, retain necessary
provisions, and approve replacement provisions for certain statutes for
which rescissions are disapproved.

DATES: Effective Date: This rule is effective on February 2, 2007.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0590 for
this action. The index to the docket is available electronically at
http://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: Julie A. Rose, EPA Region IX, (415)
947-4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

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

I. Proposed Action

    On August 28, 2006 (71 FR 50875), EPA proposed approval of certain
revisions to the Nevada SIP and disapproval of certain other revisions.
These revisions involve rules and statutory provisions previously
approved into the Nevada SIP but for which the State of Nevada is
requesting rescission. EPA also proposed approval of certain updated
statutory provisions submitted by the State of Nevada as replacements
for outdated statutory provisions in the applicable plan. Our August
28, 2006 proposed rule represents one of a series of rulemakings we are
conducting on a large SIP revision submitted by the State of Nevada on
January 12, 2006 in which the State requests approval of numerous new
or amended rules and statutory provisions and requests rescission of
numerous other rules and statutory provisions in the existing SIP. Our
August 28, 2006 proposed rule sets forth our evaluation and proposed
action on the vast majority of the rescission requests included in the
State's January 12, 2006 SIP revision submittal.
    In our August 28, 2006 proposed rule, we made final approval of
those requests for rescission that we proposed to approve contingent
upon the receipt of certain public notice and hearing documentation
from the State of Nevada. The appropriate documentation has been
submitted for the provisions listed below in table 1, and we are taking
final action on them today.\1\ A separate final rule will be published
for the remainder of the provisions for which rescission was requested
(and proposed for approval) after the public notice and hearing
documentation has been submitted. A third final rule will be published
for the rescission of the Federal implementation plan promulgated by
EPA at 40 CFR 52.1475 (c), (d) and (e), which was also proposed for
rescission in our August 28, 2006 proposed rule.
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    \1\ Table 1 in this notice differs from the corresponding table
in the proposed rule in that it does not include 12 rules or
statutory provisions for which the State has not yet provided
documentation related to public participation and for which final
action is being deferred pending receipt of this documentation from
the State. These 12 rules or statutory provisions are listed in
table 4 of this notice. In addition, we are finalizing the proposed
rescission of the Federal implementation plan at 40 CFR 52.1475(c),
(d), and (e), which relates to the former Kennecott Copper Company
smelter located in White Pine County, in a separate notice.
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    The majority of the provisions in table 1 represents defined terms
that, although approved by EPA and therefore made part of the
applicable SIP, are not relied upon by any rule or statutory provision
in the existing applicable SIP or in any rule or statutory provision
included in the SIP revision submitted on January 12, 2006 and thus are
unnecessary and appropriate for rescission. For the other SIP
provisions listed in table 1, we proposed approval of the State's
rescission requests because we found them to be unnecessary because
they are not needed generally in a SIP under CAA section 110(a)(2) or
under 40 CFR part 51 or because there are other federally enforceable
provisions that would provide equivalent or greater control. Our
proposed rule and related Technical Support Document (TSD) contain more
information on these SIP provisions and our evaluation of the related
rescission requests.

                  Table 1.--SIP Provisions for Which the State's Rescission Request Is Approved
----------------------------------------------------------------------------------------------------------------
                    SIP provision                              Title           Submittal date     Approval date
----------------------------------------------------------------------------------------------------------------
NAC 445.440.........................................  Aluminum equivalent...  10/26/82          03/27/84
NAC 445.442.........................................  Anode bake plant......  10/26/82          03/27/84
NAC 445.443.........................................  Asphalt concrete plant  10/26/82          03/27/84
NAC 445.446.........................................  Barite dryer..........  10/26/82          03/27/84
NAC 445.451.........................................  Basic oxygen process    10/26/82          03/27/84
                                                       furnace.
NAC 445.453.........................................  Bituminous coal.......  10/26/82          03/27/84
NAC 445.454.........................................  Blast furnace.........  10/26/82          03/27/84
NAC 445.455.........................................  Blowing tap...........  10/26/82          03/27/84
NAC 445.456.........................................  Brass or bronze.......  10/26/82          03/27/84
NAC 445.459.........................................  Calcium carbide.......  10/26/82          03/27/84
NAC 445.460.........................................  Calcium silicon.......  10/26/82          03/27/84
NAC 445.461.........................................  Capture system........  10/26/82          03/27/84
NAC 445.462.........................................  Charge chrome.........  10/26/82          03/27/84
NAC 445.463.........................................  Charge period.........  10/26/82          03/27/84
NAC 445.465.........................................  Coal preparation plant  10/26/82          03/27/84
NAC 445.466.........................................  Coal processing and     10/26/82          03/27/84
                                                       conveying equipment.
NAC 445.467.........................................  Coal refuse...........  10/26/82          03/27/84
NAC 445.468.........................................  Coal storage system...  10/26/82          03/27/84
NAC 445.469.........................................  Coke burn-off.........  10/26/82          03/27/84
NAC 445.474.........................................  Commercial fuel oil...  10/26/82          03/27/84
NAC 445.475.........................................  Complex source........  10/26/82          03/27/84
NAC 445.476.........................................  Condensate............  10/26/82          03/27/84
NAC 445.481.........................................  Control device........  10/26/82          03/27/84
NAC 445.483.........................................  Copper converter......  10/26/82          03/27/84
NAC 445.484.........................................  Custody transfer......  10/26/82          03/27/84

NAC 445.485.........................................  Cyclonic flow.........  10/26/82          03/27/84
NAC 445.487.........................................  Diesel fuel...........  10/26/82          03/27/84
NAC 445.489.........................................  Direct shell            10/26/82          03/27/84
                                                       evacuation system.
NAC 445.490.........................................  Drilling and            10/26/82          03/27/84
                                                       production facility.
NAC 445.491.........................................  Dross reverberatory     10/26/82          03/27/84
                                                       furnace.
NAC 445.493.........................................  Dust handling           10/26/82          03/27/84
                                                       equipment.
NAC 445.494.........................................  Dusts.................  10/26/82          03/27/84
NAC 445.495.........................................  Electric arc furnace..  10/26/82          03/27/84
NAC 445.496.........................................  Electric furnace......  10/26/82          03/27/84
NAC 445.497.........................................  Electric smelting       10/26/82          03/27/84
                                                       furnace.
NAC 445.498.........................................  Electric submerged arc  10/26/82          03/27/84
                                                       furnace.
NAC 445.502.........................................  Equivalent P2O5 feed..  10/26/82          03/27/84
NAC 445.503.........................................  Equivalent P2O5 stored  10/26/82          03/27/84
NAC 445.509.........................................  Ferrochrome silicon...  10/26/82          03/27/84
NAC 445.510.........................................  Ferromanganese silicon  10/26/82          03/27/84
NAC 445.511.........................................  Ferrosilicon..........  10/26/82          03/27/84
NAC 445.514.........................................  Fossil fuel-fired       10/26/82          03/27/84
                                                       steam generating unit.
NAC 445.515.........................................  Fresh granular triple   10/26/82          03/27/84
                                                       superphosphate.
NAC 445.518.........................................  Fuel gas..............  10/26/82          03/27/84
NAC 445.519.........................................  Fuel gas combustion     10/26/82          03/27/84
                                                       device.
NAC 445.522.........................................  Furnace charge........  10/26/82          03/27/84
NAC 445.523.........................................  Furnace cycle.........  10/26/82          03/27/84
NAC 445.524.........................................  Furnace power input...  10/26/82          03/27/84
NAC 445.526.........................................  Granular diammonium     10/26/82          03/27/84
                                                       phosphate plant.
NAC 445.527.........................................  Granular triple super-  10/26/82          03/27/84
                                                       phosphate storage
                                                       facility.
NAC 445.528.........................................  Heat time.............  10/26/82          03/27/84
NAC 445.529.........................................  High-carbon             10/26/82          03/27/84
                                                       ferrochrome.
NAC 445.530.........................................  High level of volatile  10/26/82          03/27/84
                                                       impurities.
NAC 445.531.........................................  High terrain..........  10/26/82          03/27/84
NAC 445.532.........................................  Hydrocarbon...........  10/26/82          03/27/84
NAC 445.534.........................................  Isokinetic sampling...  10/26/82          03/27/84
NAC 445.539.........................................  Low terrain...........  10/26/82          03/27/84
NAC 445.543.........................................  Meltdown and refining.  10/26/82          03/27/84
NAC 445.544.........................................  Meltdown and refining   10/26/82          03/27/84
                                                       period.
NAC 445.546.........................................  Molybdenum............  10/26/82          03/27/84
NAC 445.547.........................................  Molybdenum processing   10/26/82          03/27/84
                                                       plant.
NAC 445.551.........................................  Nitric acid production  10/26/82          03/27/84
                                                       unit.
NAC 445.566.........................................  Petroleum liquids.....  10/26/82          03/27/84
NAC 445.567.........................................  Petroleum refinery....  10/26/82          03/27/84
NAC 445.568.........................................  Pneumatic coal-         10/26/82          03/27/84
                                                       cleaning equipment.
NAC 445.572.........................................  Potroom...............  10/26/82          03/27/84
NAC 445.573.........................................  Potroom group.........  10/26/82          03/27/84
NAC 445.576.........................................  Primary aluminum        10/26/82          03/27/84
                                                       reduction plant.
NAC 445.577.........................................  Primary control system  10/26/82          03/27/84
NAC 445.578.........................................  Primary copper smelter  10/26/82          03/27/84
NAC 445.579.........................................  Primary lead smelter..  10/26/82          03/27/84
NAC 445.580.........................................  Primary zinc smelter..  10/26/82          03/27/84
NAC 445.582.........................................  Process gas...........  10/26/82          03/27/84
NAC 445.583.........................................  Process upset gas.....  10/26/82          03/27/84
NAC 445.586.........................................  Product change........  10/26/82          03/27/84
NAC 445.587.........................................  Proportional sampling.  10/26/82          03/27/84
NAC 445.591.........................................  Refinery process unit.  10/26/82          03/27/84
NAC 445.593.........................................  Reid vapor pressure...  10/26/82          03/27/84
NAC 445.594.........................................  Reverberatory furnace.  10/26/82          03/27/84
NAC 445.595.........................................  Reverberatory smelting  10/26/82          03/27/84
                                                       furnace.
NAC 445.598.........................................  Roof monitor..........  10/26/82          03/27/84
NAC 445.600.........................................  Run-of-pile triple      10/26/82          03/27/84
                                                       superphosphate.
NAC 445.602.........................................  Secondary control       10/26/82          03/27/84
                                                       system.
NAC 445.603.........................................  Secondary lead smelter  10/26/82          03/27/84
NAC 445.604.........................................  Shop..................  10/26/82          03/27/84
NAC 445.605.........................................  Shop opacity..........  10/26/82          03/27/84
NAC 445.608.........................................  Silicomanganese.......  10/26/82          03/27/84
NAC 445.609.........................................  Silicomanganese         10/26/82          03/27/84
                                                       zirconium.
NAC 445.610.........................................  Silicon metal.........  10/26/82          03/27/84
NAC 445.611.........................................  Silvery iron..........  10/26/82          03/27/84
NAC 445.614.........................................  Sinter bed............  10/26/82          03/27/84
NAC 445.615.........................................  Sintering machine.....  10/26/82          03/27/84
NAC 445.616.........................................  Sintering machine       10/26/82          03/27/84
                                                       discharge end.
NAC 445.619.........................................  Smelting..............  10/26/82          03/27/84
NAC 445.620.........................................  Smelting furnace......  10/26/82          03/27/84
NAC 445.626.........................................  Standard                10/26/82          03/27/84
                                                       ferromanganese.

NAC 445.629.........................................  Steel production cycle  10/26/82          03/27/84
NAC 445.631.........................................  Storage vessel........  10/26/82          03/27/84
NAC 445.632.........................................  Structure, building,    10/26/82          03/27/84
                                                       facility or
                                                       installation.
NAC 445.634.........................................  Sulfuric acid plant...  10/26/82          03/27/84
NAC 445.635.........................................  Sulfuric acid           10/26/82          03/27/84
                                                       production unit.
NAC 445.636.........................................  Superphosphoric acid    10/26/82          03/27/84
                                                       plant.
NAC 445.637.........................................  Tapping...............  10/26/82          03/27/84
NAC 445.638.........................................  Tapping period........  10/26/82          03/27/84
NAC 445.639.........................................  Tapping station.......  10/26/82          03/27/84
NAC 445.640.........................................  Thermal dryer.........  10/26/82          03/27/84
NAC 445.641.........................................  Thermit process.......  10/26/82          03/27/84
NAC 445.642.........................................  Total fluorides.......  10/26/82          03/27/84
NAC 445.643.........................................  Total smelter charge..  10/26/82          03/27/84
NAC 445.644.........................................  Transfer and loading    10/26/82          03/27/84
                                                       system.
NAC 445.645.........................................  Triple superphosphate   10/26/82          03/27/84
                                                       plant.
NAC 445.646.........................................  True vapor pressure...  10/26/82          03/27/84
NAC 445.648.........................................  Vapor recovery system.  10/26/82          03/27/84
NAC 445.652.........................................  Weak nitric acid......  10/26/82          03/27/84
NAC 445.654.........................................  Wet-process phosphoric  10/26/82          03/27/84
                                                       acid plant.
Article 2.7.4.......................................  Confidential            12/10/76          08/21/78
                                                       Information.
Articles 2.10.1 and <IP_ADDRESS>........................  Appeal procedures.....  01/28/72          05/31/72
Articles <IP_ADDRESS>, 2.10.2 and 2.10.3................  Appeal procedures.....  10/31/75          01/09/78
Article 3.3.4.......................................  Stop orders...........  01/28/72          05/31/72
Article 4.3.4.......................................  Emissions from any      01/28/72          05/31/72
                                                       mobile equipment.
Article 7.2.5.......................................  Basic Refractory......  11/05/80          06/18/82
Article 7.2.9.......................................  Sierra Chemical Co....  11/05/80          06/18/82
Article 8.1.........................................  Primary Non-Ferrous     06/14/74          02/06/75
                                                       Smelters.
Articles 8.1.1, 8.1.2, & 8.1.4......................  Primary Non-Ferrous     10/31/75          01/09/78
                                                       Smelters.
Article 8.3.4.......................................  Basic.................  11/05/80          06/18/82
Article <IP_ADDRESS>....................................  Regulations             12/29/78          06/18/82
                                                       controlling cement
                                                       (Applying to Portland
                                                       cement plants).
Articles 16.3.2, <IP_ADDRESS>, & <IP_ADDRESS>...............  Standard of             12/29/78          06/18/82
                                                       particulate matter
                                                       for clinker cooler
                                                       (Applying to Portland
                                                       cement plants).
Article 16.15.......................................  Primary lead smelters.  12/29/78          06/18/82
Articles 16.15.1 to <IP_ADDRESS>.......................  Standard for            12/29/78          06/18/82
                                                       Particulate Matter
                                                       (Applying to primary
                                                       lead smelters).
Articles 16.15.2 to <IP_ADDRESS>.......................  Standard for Opacity    12/29/78          06/18/82
                                                       (Applying to primary
                                                       lead smelters).
Articles 16.15.3 to <IP_ADDRESS>.......................  Standard for Sulfur     12/29/78          06/18/82
                                                       (Applying to primary
                                                       lead smelters).
Article 16.15.4.....................................  Monitoring Operations   12/29/78          06/18/82
                                                       (Applying to primary
                                                       lead smelters).
NAC 445.723.........................................  Existing copper         10/26/82          03/27/84
                                                       smelters.
NAC 445.815.........................................  Molybdenum processing   09/14/83          03/27/84
                                                       plants.
NAC 445.816(2) (a), (b), (c), (e), (f), (g), (h),     Processing Plants for   09/14/83          03/27/84
 and (i).                                              Precious Metals.
Section 13(15) and (19) of Senate Bill No. 275......  [State commission of    01/28/72          05/31/72
                                                       environmental
                                                       protection--review
                                                       recommendations of
                                                       hearing board and
                                                       delegation].
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    As noted above, in our August 28, 2006 proposed rule, we proposed
to disapprove the State's request to rescind certain rules and
statutory provisions from the existing SIP. These rules and statutory
provisions are listed in table 2 below. We believe that retention of
these provisions is appropriate to satisfy certain specific
requirements for SIPs under CAA section 110(a)(2) or that retention is
appropriate because the State has not provided sufficient documentation
to show that rescission would not interfere with continued attainment
of the national ambient air quality standards (NAAQS) as required under
CAA section 110(l).

                Table 2.--SIP Provisions for Which the State's Rescission Request Is Disapproved
----------------------------------------------------------------------------------------------------------------
                    SIP provision                              Title           Submittal date     Approval date
----------------------------------------------------------------------------------------------------------------
NAC 445.436.........................................  Air contaminant.......  10/26/82          03/27/84
NAC 445.570.........................................  Portland cement plant.  10/26/82          03/27/84
Article 1.171.......................................  Single source.........  12/10/76          08/21/78
NAC 445.630.........................................  Stop order............  10/26/82          03/27/84
NAC 445.660.........................................  Severability..........  10/26/82          03/27/84
NAC 445.663.........................................  Concealment of          10/26/82          03/27/84
                                                       emissions prohibited.
NAC 445.665.........................................  Hazardous emissions:    10/26/82          03/27/84
                                                       Order for reduction
                                                       or discontinuance.
NAC 445.696.........................................  Notice of violations;   10/26/82          03/27/84
                                                       appearance before
                                                       commission.
NAC 445.697.........................................  Stop Orders...........  10/26/82          03/27/84
NAC 445.764.........................................  Reduction of            10/26/82          03/27/84
                                                       employees' pay
                                                       because of use of
                                                       system prohibited.
NAC 445.816(3), (4) & (5)...........................  Processing Plants for   09/14/83          03/27/84
                                                       Precious Metals.

NRS 445.451*........................................  State environmental     12/29/78          07/10/80
                                                       commission: Creation;
                                                       composition;
                                                       chairman; quorum;
                                                       salary, expenses of
                                                       members;
                                                       disqualification of
                                                       members; technical
                                                       support.
NRS 445.456*........................................  Department designated   12/29/78          07/10/80
                                                       as state air
                                                       pollution control
                                                       agency.
NRS 445.473*........................................  Department powers and   12/29/78          07/10/80
                                                       duties.
NRS 445.476*........................................  Power of department     12/29/78          07/10/80
                                                       representatives to
                                                       enter and inspect
                                                       premises.
NRS 445.498*........................................  Appeals to commission;  12/29/78          07/10/80
                                                       Notice of appeal.
NRS 445.499*........................................  Appeals to commission;  12/29/78          07/10/80
                                                       Hearings.
NRS 445.501*........................................  Appeals to commission:  12/29/78          07/10/80
                                                       Appealable matters;
                                                       commission action;
                                                       rules for appeals.
NRS 445.526*........................................  Violations: Notice and  09/10/75          01/24/78
                                                       order by director;
                                                       hearing; alternative
                                                       procedures.
NRS 445.529*........................................  Violations: Injunctive  12/29/78          07/10/80
                                                       relief.
NRS 445.576*........................................  Confidential            09/10/75          01/24/78
                                                       information:
                                                       Definitions;
                                                       limitations on use;
                                                       penalty for unlawful
                                                       disclosure or use.
NRS 445.581*........................................  Power of department     12/29/78          07/10/80
                                                       officers to inspect,
                                                       search premises;
                                                       search warrants.
NRS 445.596*........................................  Private rights and      12/29/78          07/10/80
                                                       remedies not affected.
NRS 445.598*........................................  Provisions for          12/29/78          07/10/80
                                                       transition in
                                                       administration.
NRS 445.601*........................................  Civil penalties; fines  12/29/78          07/10/80
                                                       not bar to injunctive
                                                       relief, other
                                                       remedies; disposition
                                                       of fines.
----------------------------------------------------------------------------------------------------------------
Note: Asterisk (*) indicates applicable SIP provisions for which replacement provisions are being approved (see
  table 3, below).

    Also as noted above, in our August 28, 2006 proposed rule, we
proposed to approve certain submitted statutory provisions to supersede
the corresponding outdated provisions noted with an asterisk in table 2
above. These submitted statutory provisions are listed in table 3,
below. In its January 12, 2006 SIP revision submittal, NDEP requests
EPA to approve new statutory provisions to replace any outdated State
statutory provisions for which EPA determines that the rescission
request should not be approved. Thus, consistent with the State's
request, we are approving 14 specific statutory provisions, submitted
by NDEP in Appendix III-E of the January 12, 2006 SIP revision
submittal, to replace the corresponding statutory provisions in the
applicable SIP (see table 3, below). In general, we find that the
current statutory provisions listed in table 3 essentially mirror the
corresponding outdated provisions in the applicable SIP and thus would
not relax any existing requirement.\2\
---------------------------------------------------------------------------

    \2\ Because the current statutory provisions essentially mirror
the outdated provisions, we view our approval of the current
statutory provisions as a re-codification and, as such, we are not
taking action to remedy pre-existing deficiencies in the applicable
SIP. We note, however, that one of the provisions, NRS 445B.200
(``Creation and composition; chairman; quorum; compensation of
members and employees; disqualification; technical support''), does
not meet the related SIP requirements (CAA section 110(a)(2)(E)(ii)
and CAA section 128) and could be the subject of some future EPA
rulemaking, such as one under CAA section 110(k)(5).

  Table 3.--Submitted Provisions Which Are Approved as Replacements for
                Outdated Provisions in the Applicable SIP
------------------------------------------------------------------------
  Submitted  provisions              Title              Submittal date
------------------------------------------------------------------------
NRS 445B.200.............  Creation and              01/12/06
                            composition; chairman;
                            quorum; compensation of
                            members and employees;
                            disqualification;
                            technical support.
NRS 445B.205.............  Department designated as  01/12/06
                            state air pollution
                            control agency.
NRS 445B.230.............  Powers and duties of      01/12/06
                            department.
NRS 445B.240.............  Power of representatives  01/12/06
                            of department to enter
                            and inspect premises.
NRS 445B.340.............  Appeals to commission:    01/12/06
                            notice of appeal.
NRS 445B.350.............  Appeals to commission:    01/12/06
                            hearings.
NRS 445B.360.............  Appeals to commission:    01/12/06
                            appealable matters;
                            action by commission;
                            regulations.
NRS 445B.450.............  Notice and order by       01/12/06
                            director; hearing;
                            alternative procedures.
NRS 445B.460.............  Injunctive relief.......  01/12/06
NRS 445B.570.............  Confidentiality and use   01/12/06
                            of information obtained
                            by department; penalty.
NRS 445B.580.............  Officer of department     01/12/06
                            may inspect or search
                            premises; search
                            warrant.
NRS 445B.600.............  Private rights and        01/12/06
                            remedies not affected.
NRS 445B.610.............  Provisions for            01/12/06
                            transition in
                            administration.
NRS 445B.640.............  Levy and disposition of   01/12/06
                            administrative fines;
                            additional remedies
                            available; penalty.
------------------------------------------------------------------------

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received comments from Jennifer L. Carr and
Michael Elges, Division of Environmental Protection, State of Nevada
Department of Conservation & Natural Resources, by letter dated
September 25, 2006. We summarize the comments and provide our responses
in the paragraphs that

follow. Note that some of the comments in the September 25, 2006 letter
are directed at a different EPA proposed rule also related to the
State's January 12, 2006 SIP submittal and published the same week as
the August 28, 2006 proposed rule. See 71 FR 51793 (August 31, 2006).
Comments on the August 31, 2006 proposed rule are addressed in a
separate final action published on December 11, 2006 at 71 FR 71486.
    Comment #1: The Nevada Division of Environmental Protection (NDEP)
recognizes that EPA has made final approval of the rescission requests
contingent upon receipt of public notice and hearing documentation from
the State of Nevada and believes that it has now provided the required
documentation for all of the applicable rescission requests except for
12. NDEP also comments that EPA should state that the public notice and
hearing documentation submitted on February 16, 2005 was used to
support the proposed rulemaking.
    Response #1: With the exception of the 12 provisions listed in
table 4 below for which documentation is pending, we find that the
State has now provided sufficient documentation for the applicable
rescission requests and thereby met the contingency placed on their
proposed approval in our August 28, 2006 proposed rule.

 Table 4.--SIP Provisions for Which State's Request for Rescission Was Proposed for Approval But for Which Final
                       Action Is Pending Receipt of Documentation of Public Participation
----------------------------------------------------------------------------------------------------------------
                                                                                Submittal     Approval
                  SIP (or FIP) provision                              Title                 date         date
----------------------------------------------------------------------------------------------------------------
NAC 445.477..............................................  Confidential information...     10/26/82     03/27/84
NAC 445.554..............................................  Nuisance...................     10/26/82     03/27/84
NAC 445.596..............................................  Ringelmann chart...........     10/26/82     03/27/84
NAC 445.617..............................................  Six-minute period..........     10/26/82     03/27/84
NAC 445.662..............................................  Confidential Information...     10/26/82     03/27/84
NAC 445.695..............................................  Schedules for compliance...     10/26/82     03/27/84
NAC 445.698..............................................  Appeal of director's            10/26/82     03/27/84
                                                            decision: Application
                                                            forms.
NAC 445.700..............................................  Violations: Manner of           10/26/82     03/27/84
                                                            paying fines.
NAC 445.844..............................................  Odors......................     10/26/82     03/27/84
NRS 445.401..............................................  Declaration of public           12/29/78     07/10/80
                                                            policy.
NRS 445.466..............................................  Commission regulations:         12/29/78     07/10/80
                                                            Notice and hearing.
NRS 445.497..............................................  Notice of regulatory            12/29/78     07/10/80
                                                            action: Requirement;
                                                            method; contents of notice.
----------------------------------------------------------------------------------------------------------------

    We also agree that an explanation of the extent of reliance of our
proposed rule on the February 16, 2005 SIP submittal is warranted. On
February 16, 2005, NDEP submitted a large revision to the applicable
Nevada SIP. The February 16, 2005 SIP submittal includes new and
amended rules and statutory provisions as well as requests for
rescission of certain rules and statutory provisions in the existing
SIP. The February 16, 2005 SIP submittal also contains documentation of
public participation (i.e., notice and public hearing) and adoption for
all of the submitted rules through the hearing on November 30, 2004
held by the State Environmental Commission. The February 16, 2005 SIP
submittal also includes documentation of public participation for 16 of
the requested rule rescissions.
    On January 12, 2006, NDEP submitted an amended version of the
February 16, 2005 SIP submittal. The January 12, 2006 SIP submittal
contains updated regulatory materials including new and amended rules
adopted by the State Environmental Commission on October 4, 2005 but
otherwise contains the same materials as the earlier submittal with the
exception of the documentation of public participation. The January 12,
2006 SIP submittal only contains documentation of public participation
for rule amendments adopted by the State Environmental Commission on
October 4, 2005 but did not re-submit the public participation
documentation included in the earlier submittal. Therefore, the January
12, 2006 SIP submittal supersedes the earlier SIP revision submittal
dated February 16, 2005 for all purposes except for the documentation
of public participation for adoption dates from November 30, 2004 and
earlier. The January 12, 2006 SIP submittal did not include public
participation documentation for any of the requested rescissions.
    Upon request by EPA for documentation of public participation for
the requested rescissions, NDEP indicated where such documentation
could be found in the materials submitted as part of the February 16,
2005 SIP submittal and also provided documentation for public hearings
held by the State Environmental Commission on August 28-29, 1985 during
which the vast majority of the rules for which the State has requested
rescission were repealed. NDEP also provided an explanation for all of
the other rules and statutory provisions proposed for rescission that
were not already documented in the February 16, 2005 SIP submittal or
the materials for the August 28-29, 1985 public hearings (except for
the 12 listed in table 4). Taken collectively, the documentation
provided by NDEP is sufficient to meet the related public participation
requirements under CAA section 110(l) and for us to remove the
contingency in our proposed rule for all of the provisions for which
rescission was requested and proposed for approval (except, as noted,
for the 12 listed in table 4).
    Comment #2: NDEP disagrees with the statements made in EPA's TSD
(for the August 28, 2006 proposed rule) regarding the rescission of
Nevada Air Quality Regulation (NAQR) article 7.2.9. NDEP states that a
new lime kiln located on the previous site of Sierra Chemical Company's
lime kiln in Lincoln County would be subject to a new emission limit
rather than the limit in NAQR article 7.2.9.
    Response #2: We agree. Although we proposed approval of the State's
request for rescission of NAQR article 7.2.9, our discussion and
evaluation of the rescission request as set forth in the TSD presumes
incorrectly that the emission limit in NAQR article 7.2.9 would apply
to a new kiln at this location. The stated presumption is incorrect
because a new kiln at this location would be treated as a new emission
unit under NDEP's new source review rules. As such, the unit-specific
limit in NAQR article 7.2.9 would not apply and has become obsolete
(see letter from William Frey, Senior Deputy Attorney General, State of
Nevada, dated July 11, 2006). In this notice, we are taking final
action to approve the State's request for rescission of NAQR article
7.2.9.

    Comment #3: NDEP acknowledges that EPA is deferring action on NAC
445.694 and intends to respond to EPA's suggestion of providing further
explanation as to why the provision can be rescinded.
    Response #3: We appreciate NDEP's willingness to submit additional
justification for the rescission of NAC 445.694 (``Emission discharge
information'') and plan to review it when it is submitted.

III. EPA Action

    No comments were submitted that change our assessment of our
proposed action. Therefore, as authorized in section 110(k)(3) of the
Clean Air Act, and in light of documentation for public participation
provided by the State of Nevada, EPA is finalizing the approval of the
State's request for rescission of the rules and statutory provisions
listed in table 1, above, and the disapproval of the State's request
for rescission of the rules and statutory provisions listed in table 2,
above. EPA is also approving the submitted statutory provisions listed
in table 3, above, into the Nevada SIP as replacements for the
corresponding outdated provisions listed in table 2.
    EPA is not taking final action on 12 of the provisions for which
the State requests rescission and for which EPA proposed approval on
August 28, 2006 (as listed in table 4, above) but will do so upon
receipt of public participation documentation from the State. Lastly,
we will be taking final action on our proposed rescission of the
Federal implementation plan at 40 CFR 52.1475 (c), (d), and (e), which
is related to the former Kennecott Copper Company smelter located in
White Pine County, in a separate notice.

IV. 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 or disapproves certain State requests for rescission
and approves certain replacement provisions 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 rescinds, retains or 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 or disapproves
certain State requests for rescission and approves certain replacement
provisions 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 March 5, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: December 14, 2006.
Keith Takata,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulation 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 (b)(2), (c)(7)(i),
(c)(11)(i), (c)(12)(i), (c)(14)(ix), (c)(22)(iii), (c)(25)(iii),
(c)(26)(i)(B), and (c)(56)(i)(A)(8) to read as follows:

Sec.  52.1470  Identification of plan.

* * * * *
    (b) * * *
    (2) Previously approved on May 31, 1972 in paragraph (b) and now
deleted without replacement: Articles 2.10.1, <IP_ADDRESS>, 3.3.4, 4.3.4,
and Section 13, Nos. 15 and 19 of Senate Bill No. 275.
* * * * *

    (c) * * *
    (7) * * *
    (i) Previously approved on February 6, 1975 in paragraph (7) and
now deleted without replacement: Article 8.1.
* * * * *
    (11) * * *
    (i) Previously approved on January 9, 1978 in paragraph (11) and
now deleted without replacement: Articles <IP_ADDRESS>, 2.10.2, 2.10.3,
8.1.1, 8.1.2, and 8.1.4.
* * * * *
    (12) * * *
    (i) Previously approved on August 21, 1978 in paragraph (12) and
now deleted without replacement: Article 2.7.4.
* * * * *
    (14) * * *
    (ix) Previously approved on June 18, 1982 in paragraph (14)(viii)
and now deleted without replacement: Article 16: Rules <IP_ADDRESS>,
16.3.2, <IP_ADDRESS>, <IP_ADDRESS>, 16.15, 16.15.1, <IP_ADDRESS>, <IP_ADDRESS>,
16.15.2, <IP_ADDRESS>, <IP_ADDRESS>, 16.15.3, <IP_ADDRESS>, <IP_ADDRESS>, and
16.15.4.
* * * * *
    (22) * * *
    (iii) Previously approved on June 18, 1982 in paragraph (22)(ii)
and now deleted without replacement: Articles 7.2.5, 7.2.9, and 8.3.4.
* * * * *
    (25) * * *
    (iii) Previously approved on March 27, 1984, in paragraph
(25)(i)(A) and now deleted without replacement: Nevada Administrative
Code (NAC) sections: 445.440, 445.442-445.443, 445.446, 445.451,
445.453-445.456, 445.459-445.463, 445.465-445.469, 445.474-445.476,
445.481, 445.483-445.485, 445.487, 445.489-445.491, 445.493-445.498,
445.502-445.503, 445.509-445.511, 445.514-445.515, 445.518-445.519,
445.522-445.524, 445.526-445.532, 445.534, 445.539, 445.543-445.544,
445.546, 445.547, 445.551, 445.566-445.568, 445.572-445.573, 445.576-
445.580, 445.582-445.583, 445.586-445.587, 445.591, 445.593-445.595,
445.598, 445.600, 445.602-445.605, 445.608-445.611, 445.614-445.616,
445.619-445.620, 445.626, 445.629, 445.631-445.632, 445.634-445.646,
445.648, 445.652, 445.654, and 445.723.
* * * * *
    (26) * * *
    (i) * * *
    (B) Previously approved on March 27, 1984, in paragraph (26)(i)(A)
and now deleted without replacement: Nevada Administrative Code (NAC)
sections 445.815 (paragraphs (1), (2)(a)(1)-(2), and (3)-(5)) and
445.816 (paragraph (2)(a)-(c) and (e)-(i)).
* * * * *
    (56) * * *
    (i) * * *
    (A) * * *
    (8) Title 40, Chapter 445B of Nevada Revised Statutes (NRS)(2003):
Sections 445B.200, 445B.205, 445B.230, 445B.240, 445B.340, 445B.350,
445B.360, 445B.450, 445B.460, 445B.570, 445B.580, 445B.600, 445.610,
and 445.640.
* * * * *

 [FR Doc. E6-22408 Filed 12-29-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Proposed Rules]
[Pages 51900-51901]
[FR Doc No: 2018-22176]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0827; Airspace Docket No. 18-ACE-6]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; West Union, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace extending
upward from 700 feet above the surface at George L. Scott Municipal
Airport, West Union, IA, by updating the geographic coordinates of the
airport to coincide with the FAA's aeronautical database. The FAA is
proposing this action due to an airspace review caused by the
decommissioning of the Waukon VHF omnidirectional range (VOR), which
provided navigation information to the instrument procedures at this
airport, as part of the VOR Minimum Operational Network (MON) Program.

DATES: Comments must be received on or before November 29, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0827; Airspace Docket No. 18-ACE-6 at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://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: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 amend Class E airspace extending upward from 700 feet above
the surface at George L. Scott Municipal Airport, West Union, IA, to
support standard instrument approach procedures for IFR operations at
the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2018-0827;
Airspace Docket No. 18-ACE-6.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in

person in the Dockets Office (see the ADDRESSES section for the address
and phone number) between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays. An informal docket may also be
examined during normal business hours at the Federal Aviation
Administration, Air Traffic Organization, Central Service Center,
Operations Support Group, 10101 Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 that would amend the Class E airspace
extending upward from 700 feet above the surface at George L. Scott
Municipal Airport, West Union, IA, by updating the geographic
coordinates of the airport to coincide with the FAA's aeronautical
database. Additionally, an edit would be made removing the city
associated with the airport in the airspace legal description to comply
with a change to FAA Order 7400.2L, Procedures for Handling Airspace
Matters.
    The FAA is proposing this action due to an airspace review caused
by the decommissioning of the Waukon VOR, which provided navigation
information to the instrument procedures at this airport, as part of
the VOR MON Program.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, 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; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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
7400.11C, Airspace Designations and Reporting Points, dated August 13,
2018, and effective September 15, 2018, is amended as follows:

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

* * * * *

ACE IA E5 West Union, IA [Amended]

George L. Scott Municipal Airport, IA
    (Lat. 42[deg]59'07'' N, long. 91[deg]47'26'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of George L. Scott Municipal Airport.

    Issued in Fort Worth, Texas, on October 3, 2018.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-22176 Filed 10-12-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 27, 2009 (Volume 74, Number 58)]
[Rules and Regulations]
[Page 13341-13343]
[DOCID:fr27mr09-9]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2009-0005]
RIN 1625-AA87

Temporary Security Zone; Freeport LNG Basin, Freeport, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone in
the Freeport LNG Basin. This security zone is needed to protect
vessels, waterfront facilities, the public, and other surrounding areas
from destruction, loss, or injury caused by sabotage, subversive acts,
accidents, or other actions of a similar nature. Entry into this zone
would be prohibited, except for vessels that have obtained the express
permission from the Captain of the Port Houston-Galveston or his
designated representative.

DATES: This rule is effective from 12 p.m. (noon) on January 15, 2009
until 12 a.m. (noon) on April 30, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [USCG-2009-0005] and are available
online by going to http://www.regulations.gov, selecting the Advanced
Docket Search option on the right side of the screen, inserting USCG-
2009-0005 in the Docket ID box, pressing Enter, and then clicking on
the item in the Docket ID column. This material is also available for
inspection or copying at two locations: the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays and the Marine Safety Unit Galveston, 3101 FM 2004 Texas City,
Texas 77591 between 8 a.m. and 4:30 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Cliff Harder, Marine Safety
Unit Galveston, Texas, at<PHONE_NUMBER>. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM, and under 5 U.S.C. 553(d)(3),
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. Publishing a NPRM and
delaying its effective date would be contrary to public interest since
immediate action is needed to reduce potential methods of attack on
vessels, waterfront facilities, and adjacent population centers located
within the zones.

Background and Purpose

    Heightened awareness of potential terrorist acts requires enhanced
security of our ports, harbors, and vessels. To enhance security, the
Captain of the Port Houston-Galveston is establishing a temporary
security zone.
    This rule will create a new temporary security zone within the port
of Freeport, TX. This zone would protect waterfront facilities,
persons, and vessels from subversive or terrorist acts. Vessels
operating within the Captain of the Port Houston-Galveston Zone are
potential targets of terrorist attacks, or potential launch platforms
for terrorist attacks on other vessels, waterfront facilities, and
adjacent population centers.
    This zone is being established for an area concentrated with
commercial facilities considered critical to national security. This
rule is not designed to restrict access to vessels engaged or assisting
in commerce with waterfront facilities within the security zones,
vessels operated by port authorities, vessels operated by waterfront
facilities within the security zones, and vessels operated by federal,
state, county or municipal agencies. By limiting access to this area
the Coast Guard would reduce potential methods of attack on vessels,
waterfront facilities, and adjacent population centers located within
the zones. All such vessels, which are listed in 33 CFR 165.814(c),
desiring to enter this zone would be required to obtain express
permission from the Captain of the Port Houston-Galveston or his
designated representative prior to entry.

Discussion of Rule

    The Captain of the Port Houston-Galveston is establishing a
temporary security zone in the Freeport LNG Basin. The zone would
encompass all waters shoreward of a line drawn between the eastern
point at 28[deg]56'25'' N, 095[deg]18'13'' W, and the western point at
28[deg]56'28'' N, 095[deg]18'31'' W. This security zone would be part
of a comprehensive port security regime designed to safeguard human
life, vessels, and waterfront facilities against sabotage or terrorist
attacks.
    All vessels not exempted under this rule would be prohibited from
entering the security zone unless authorized by the Captain of the Port
Houston-Galveston or his designated representative. In Houston, vessels
can contact the Captain of the Port Houston-Galveston through Vessel
Traffic Service Houston/Galveston on VHF Channel 5A, by telephone at
713-671-5103, or by facsimile at<PHONE_NUMBER>. In Freeport, vessels can
contact the Captain of the Port Houston-Galveston through Marine Safety
Unit Galveston, by telephone at<PHONE_NUMBER>, or by facsimile at 409-
978-2671. This rule is effective from 12 a.m. (noon) on January 15,
2009 until 12 a.m. (noon) on April 30, 2009.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory

Planning and Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. The basis of this finding is that the security
zone is not part of the navigable waterway or a commercial fishing
ground. It does not impede commercial traffic to or from the Port of
Freeport or on the adjacent Intracoastal Waterway. Additionally, any
other vessel wishing to enter the security zone may request permission
to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule would not have a significant economic impact on a
substantial number of small entities for the following reason: This
rule will not interfere with regular vessel traffic within the Freeport
Ship Channel and/or the Intracoastal Waterway.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Cliff Harder at 409-
978-2705.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect in taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule would not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that this action is one of a category of actions which
do not individually or cumulatively have a significant effect on the
human environment. Therefore, this rule is categorically excluded,
under section 2.B.2, figure 2-1, paragraph (34)(g) of the Instruction.
Paragraph (34)(g) covers regulations establishing, disestablishing, or
changing security zones. This rule involves temporarily establishing a
security zone in the Freeport LNG Basin.
    Neither an environmental assessment nor an environmental impact
statement is required. An ``Environmental Analysis Check List'' and a
categorical exclusion are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.2.

0
2. Add Sec.  165.T08-0005 to read as follows:

Sec.  165.T08-0005   Security Zone; Freeport LNG Basin, Freeport, TX.

    (a) Location. The security zone includes all waters, from surface
to bottom, shoreward of a line drawn between the point at
28[deg]56'25'' N, 095[deg]18'13'' W, and the western point at
28[deg]56'28'' N, 095[deg]18'31'' W.
    (b) Definitions. For the purposes of this section:
    Designated Representative means any U.S. Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Houston-Galveston, to assist in the enforcement of the security
zone.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.33 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Houston-Galveston or a designated
representative.
    (2) Entry into or remaining in the security zones described in
paragraph (a) of this section is prohibited for all vessels except:
    (i) Commercial vessels operating at the waterfront facilities
within these security zones;
    (ii) Commercial vessel transiting directly to or from waterfront
facilities within these security zones;
    (iii) Vessels providing direct operational/logistic support to
commercial vessels within these security zones;
    (iv) Vessels operated by the port authority or by facilities
located within these security zones; and
    (v) Vessels operated by federal, state, county, or municipal
agencies;
    (3) All persons and vessels within the security zone must comply
with the instructions of the Captain of the Port Houston-Galveston and
designated on-scene U.S. Coast Guard patrol personnel.
    (4) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Houston-
Galveston, or a designated representative. They may be contacted at
``Sector Houston-Galveston'' on VHF-FM Channel 16, or by phone at (713)
671-5113.
    (5) All persons and vessels shall comply with the instructions of
the Captain of the Port Houston-Galveston and designated on-scene U.S.
Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol
personnel include commissioned, warrant, and petty officers of the U.S.
Coast Guard.

    Dated: January 15, 2009.
William J. Diehl,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. E9-6818 Filed 3-26-09; 8:45 am]


[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Notices]
[Pages 13939-13940]
[FR Doc No: 2019-06775]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0246]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0122

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0122,
Cargo Securing Manuals; without change. Our ICR describes the
information we seek to collect from the public. Before submitting this
ICR to OIRA, the Coast Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before June 7, 2019.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2019-0246] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, STOP 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection;

and (4) ways to minimize the burden of the Collection on respondents,
including the use of automated collection techniques or other forms of
information technology. Consistent with the requirements of Executive
Order 13771, Reducing Regulation and Controlling Regulatory Costs, and
Executive Order 13777, Enforcing the Regulatory Reform Agenda, the
Coast Guard is also requesting comments on the extent to which this
request for information could be modified to reduce the burden on
respondents. In response to your comments, we may revise this ICR or
decide not to seek an extension of approval for the Collection. We will
consider all comments and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2019-0246], and
must be received by June 7, 2019.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Cargo Securing Manuals.
    OMB Control Number: 1625-0122.
    Summary: The information is used by the Coast Guard to review/
approve new or updated cargo securing manuals, and to determine the
proper response to a notification of a hazardous condition, including
lost or jettisoned cargo.
    Need: Sections 2103 and 3306 of Title 46 U.S.C. authorizes the
Coast Guard to establish these regulations. Title 33 CFR 97 prescribes
the Cargo Securing Manual regulations.
    Forms: None.
    Respondents: Owners, operators and masters of certain cargo
vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from 4,210
hours to 226 hours a year, due to a decrease in the estimated annual
number of responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: April 2, 2019.
James D. Roppel,
Chief, Office of Information Management, U.S. Coast Guard.
[FR Doc. 2019-06775 Filed 4-5-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Notices]
[Page 58661]
[DOCID:fr16oc07-73]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP07-398-000; CP07-399-000; CP07-400-000; CP07-401-000;
CP07-402-000]

Gulf Crossing Pipeline Company, LLC; Gulf South Pipeline Company,
L.P; Notice of Applicant Meeting

October 5, 2007.
    On October 11, 2007, the Office of Energy Projects (OEP) staff will
meet with representatives of Gulf Crossing Pipeline Company, LLC (Gulf
Crossing); co-applicant in the above referenced dockets.
    Gulf Crossing requests the meeting to discuss the possible
reconfiguration of some of the compressor stations proposed in the Gulf
Crossing Project. Gulf Crossing will present details of, and reasons
for, the possible modification to its certificate application. Gulf
Crossing and OEP Staff will discuss the proposed timing of the
amendment to the certificate application and any impact to the project
schedule.
    For additional information, please contact the Commission's Office
of External Affairs at 1-866-208-FERC.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-20297 Filed 10-15-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: August 1, 2006 (Volume 71, Number 147)]
[Notices]
[Page 43547-43548]
[DOCID:fr01au06-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54213; File No. SR-CHX-2006-22]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Order Granting Accelerated Approval of a Proposed Rule Change and
Amendment Nos. 1 and 2 Thereto To Amend the CHX Holdings, Inc.
Certificate of Incorporation

July 26, 2006.

I. Introduction

    On June 22, 2006, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange''), on behalf of its parent company, CHX Holdings, Inc.
(``CHX Holdings''), filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the CHX Holdings Certificate of
Incorporation (``Charter'') to: (1) Make a change in the ownership
limitations applicable to CHX participants and other persons or
entities; and (2) increase the number of shares of common stock that
CHX Holdings is authorized to issue. On June 30, 2006, the Exchange
filed Amendment No. 1 to the proposed rule change.\3\ The proposed rule
change, as amended by Amendment No. 1, was published for comment in the
Federal Register on July 10, 2006 for a 15-day comment period.\4\ The
Commission received no comments on the proposal. On July 21, 2006, the
Exchange filed Amendment No. 2 to the proposed rule change.\5\ This
order grants accelerated approval of the proposed rule change, as
amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange made technical changes to
correct the marking of the proposed rule text.
    \4\ See Securities Exchange Act Release No. 54090 (July 10,
2006), 71 FR 38915 (``Notice''). The 15-day comment period ended on
July 25, 2006.
    \5\ In Amendment No. 2, the Exchange confirmed that the
stockholders of CHX Holdings had approved the proposed changes to
the CHX Holdings Charter at a meeting held on July 19, 2006. As
stated in the Notice, stockholder approval of the proposed changes
was required before they could become effective. Amendment No. 2 was
a technical amendment and, therefore, not subject to notice and
comment.
---------------------------------------------------------------------------

II. Description of the Proposal

    The CHX Holdings Charter currently imposes ownership limitations
which prohibit: (i) Any person, either alone or together with its
related persons, from owning, directly or indirectly, shares
constituting more than 40% of any class

of CHX Holdings capital stock; and (ii) any person that holds a CHX
trading permit, either alone or together with its related persons (an
``Exchange Participant''), from owning, directly or indirectly, shares
constituting more than 20% of any class of CHX Holdings capital stock.
The Exchange proposes to modify these ownership limitations so that
they refer to shares of stock of CHX Holdings representing in the
aggregate more than 20% or 40% of ``the then outstanding votes entitled
to be cast on any matter,'' rather than to the shares of each class of
stock that a person might own. The Exchange also proposes to increase
the number of shares of common stock that can by issued by CHX Holdings
from 750,000 to 900,000. These proposed changes to the CHX Holdings
Charter were filed in connection with a series of transactions in which
four firms will invest in CHX Holdings in an exchange for minority
stakes in the company.

III. Discussion

    The Commission finds that the proposed rule change, as amended, is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\6\
In particular, the Commission finds that the proposal is consistent
with Section 6(b)(1) of the Act,\7\ which requires a national
securities exchange be so organized and have the capacity to be able to
carry out the purposes of the Act and to enforce compliance by its
members and persons associated with its members with the provisions of
the Act, the rules or regulations thereunder, and the rules of the
exchange. The Commission also finds the proposal to be consistent with
Section 6(b)(5) of the Act,\8\ which requires, among other things, that
the rules of a national securities exchange be 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.
---------------------------------------------------------------------------

    \6\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition and
capital formation. See 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f(b)(1).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission notes that the Exchange proposes to retain the
current 20% and 40% ownership limitations, as applicable, in the CHX
Holdings Charter, and to make only minor modifications to the ownership
limitation provisions to refer to ``the then outstanding votes entitled
to be cast on any matter,'' rather than to the shares of each class of
stock that a person might own. The Commission believes that these
proposed modifications are reasonable and that they preserve the
adequacy of the ownership limitations to prevent a person's (and,
specifically, an Exchange Participant's) interest from becoming so
large as to cast doubt on whether the Exchange can fairly and
objectively exercise its self-regulatory responsibilities. The
Exchange's additional proposal to increase the number of shares of
common stock that can be issued by CHX Holdings is designed, among
other things, to give CHX Holdings the ability to seek additional
investors and to have additional shares available should the company
seek to establish an equity compensation plan. The Commission believes
this increase in authorized common stock is reasonable and consistent
with the Act.
    The Commission finds good cause for approving the proposed rule
change, as amended, prior to the thirtieth day after publishing notice
thereof in the Federal Register. The CHX has requested that the
Commission approve the proposal on an accelerated basis upon the
Exchange's filing of the amendment stating that the shareholders of CHX
Holdings had approved the proposed changes to the Charter. The
Commission notes that the new language in the ownership limitation
provisions proposed by CHX Holdings is nearly identical to language
included in the recently approved Amended and Restated Certificate of
Incorporation of NYSE Group, Inc.\9\ and raises no new regulatory
issues. The Commission further notes that accelerated approval of the
proposed changes will allow the transactions between CHX Holdings and
the four investors to proceed without unnecessary delay. Accordingly,
the Commission finds good cause, consistent with Section 19(b)(2) of
the Act,\10\ to approve the proposal, as amended, on an accelerated
basis.
---------------------------------------------------------------------------

    \9\ See Article V, Section 2 of the Amended and Restated
Certificate of Incorporation of NYSE Group, Inc., approved by the
Commission in Securities Exchange Act Release No. 53382 (February
27, 2006), 71 FR 11251 (March 6, 2006) (order approving NYSE-2005-
77).
    \10\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change (SR-CHX-2006-22), as amended, is
approved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E6-12321 Filed 7-31-06; 8:45 am]

BILLING CODE 8010-01-P