Federal Register / Vol. 68, No. 173 / Monday, September 8, 2003 / Rules and Regulations 52837

exemptions from registration as a CPO 

or commodity trading advisor (CTA), 

and facilitating communications by 

CPOs and CTAs (Final Rules). This 

document contains corrections to the 

final rules.

DATES: Effective September 8, 2003.

FOR FURTHER INFORMATION CONTACT:

Barbara S. Gold, Associate Director, or 

Christopher W. Cummings, Special 

Counsel, Division of Clearing and 

Intermediary Oversight, Commodity 

Futures Trading Commission, 1155 21st 

Street, NW., Washington, DC 20581, 

telephone numbers: (202) 418–5450 or 

(202) 418–5445, respectively; facsimile 

number: (202) 418–5528; and electronic 

mail: bgold@cftc.gov or 

ccummings@cftc.gov, respectively.

SUPPLEMENTARY INFORMATION: The 

Commission published the Final Rules 

in the Federal Register of August 8, 

2003 (68 FR 47221). The Final Rules 

affect CPOs and CTAs and persons 

excluded or exempted from registering 

as such. As published, however, the 

Final Rules contain errors that may be 

misleading and need clarification. In 

addition to correcting typographical 

errors and clarifying certain rules 

referenced in Appendix A, as is 

discussed below, the Commission is 

clarifying the right of redemption of a 

pool participant and the right of 

termination of a CTA client. 

Rules 4.13(b)(2) and 4.14(a)(8)(iii)(B), 

respectively, address the situation 

where a CPO qualifies for exemption 

from registration in connection with all 

of the pools it operates or a CTA 

qualifies for exemption from registration 

in connection with providing advice to 

all of its clients. In such a situation, 

these rules provide that where a 

registered CPO or CTA intends to claim 

the exemption and to withdraw from 

registration, the CPO or CTA must, 

among other things, provide pool 

participants or advisory clients with a 

right of redemption or right of 

termination, as the case may be. 

Rules 4.13(e)(2) and 4.14(c)(2), 

respectively, address the situation 

where a registered CPO qualifies for 

exemption from registration in 

connection with some of the pools it 

operates or a registered CTA qualifies 

for exemption from registration in 

connection with providing advice to 

some of the clients it advises. In such a 

situation, these rules provide that the 

CPO or CTA may treat the pools or 

clients for which it would otherwise 

qualify for exemption from registration 

as if it were in fact exempt from 

registration. 

The Commission is clarifying that 

where a CPO or CTA seeks relief, all 

pool participants and clients have the 

same right to redemption or termination 

regardless of whether their CPO or CTA 

(1) intends to withdraw from 

registration (the first situation discussed 

above), or (2) remains registered and 

treats them as if the CPO or CTA had in 

fact withdrawn from registration (the 

second situation discussed above). 

Thus, the Commission is clarifying that, 

regardless of registration status, the 

obligations of the CPO or CTA to pool 

participants or clients are the same in 

this context.

■ In rule FR Doc. 03–20094 published on 

August 8, 2003, 68 FR 47221, make the 

following corrections:

■ 1. On page 47233, in the first column, 

in § 4.13(e)(2)(i)(B), in the third line, 

delete the word ‘‘and’’ and in paragraph 

(e)(2)(ii), in the second line, delete ‘‘.’’

and insert ‘‘; and’’ and add new 

paragraph (e)(2)(iii) to read as follows:

§ 4.13 Exemption from registration as a 

commodity pool operator.

* * * * *

(e) * * * 

(2) * * * 

(iii) Provides to each existing 

participant in a pool that the person 

elects to operate as described in 

paragraph (a)(3) or (a)(4) of this section 

a right to redeem the participant’s 

interest in the pool, and informs each 

such participant of that right no later 

than the time the person commences to 

operate the pool as described in 

paragraph (a)(3) or (a)(4) of this section.

* * * * *

§ 4.14 [Corrected]

■ 2. On the same page, in the third 

column, in § 4.14(a)(8)(iii)(A)(2), in the 

third and fourth lines, ‘‘(i.e., 

§ 4.14(a)(8)(i) or (a)(8)(ii), or both (a)(8)(i) 

and (a)(8)(ii))’’ is corrected to read ‘‘(i.e., 

under § 4.14(a)(8)(i))’’.

■ 3. On page 47234, in the third column 

in paragraph (c)(2), in the eleventh line, 

before the period, insert the following 

text: ‘‘; Provided Further, That the person 

provides to each existing client 

described in paragraph (a) of this section 

a right to terminate its advisory 

agreement, and informs such client of 

that right no later than the time the 

person commences to provide 

commodity interest trading advice to the 

client as if the person was exempt from 

registration’’.

§ 4.22 [Corrected]

■ 4. On page 47235, in the first column, 

in § 4.22(c), in the ninth line, the word 

‘‘on’’ is corrected to read ‘‘of’’.

■ 5. On the same page, in the second 

column, paragraph (j) introductory text 

is redesignated as (j)(1), paragraphs (j)(A) 

and (B) are redesignated as (j)(1)(i) and 

(ii) respectively, and paragraph (j)(ii) is 

redesignated as paragraph (j)(2).

Appendix A to Part 4—[Corrected]

■ 6. On page 47236, in the second 

column, in the first paragraph 

‘‘Application,’’ in the last line, ‘‘Rule 

4.13(a)(3)’’ is corrected to read ‘‘Rule 

4.13(a)(3)(ii)(A).’’

■ 7. On the same page, in the second 

column, in paragraph ‘‘3. Situation,’’ in 

the seventh line, and in the next 

paragraph ‘‘Application,’’ in the last line, 

‘‘Rule 4.13(a)(3)(i)(A)’’ is corrected to 

read ‘‘Rule 4.13(a)(3)(ii)(A)’’ in each 

instance.

■ 8. On the same page, in the third 

column, in the paragraph ‘‘Application,’’

in the fifth line and in the seventh line, 

‘‘Rule 4.13(a)(3)(i)’’ is corrected to read 

‘‘Rule 4.13(a)(3)(ii)’’ in each instance.

Issued in Washington, DC, on September 2, 

2003 by the Commission. 

Jean A. Webb, 

Secretary of the Commission.

[FR Doc. 03–22755 Filed 9–5–03; 8:45 am] 

BILLING CODE 6351–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[FRL–7554–1] 

Prevention of Significant Deterioration; 

Notice of Partial Delegation of 

Authority; Nevada Division of 

Environmental Protection

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of Partial Delegation of 

PSD permitting authority. 

SUMMARY: This document is to inform 

interested parties that, by a Delegation 

Agreement dated June 3, 2003, the Air 

Division Director of EPA, Region 9, is 

implementing a partial delegation of 

authority to issue Federal Prevention of 

Significant Deterioration (PSD) permits 

to the Nevada Division of 

Environmental Protection (NDEP).

DATES: The Delegation Agreement with 

NDEP is effective on June 3, 2003.

ADDRESSES: You can inspect a copy of 

the partial PSD Delegation Agreement at 

our Region IX office during normal 

business hours. Due to security 

procedures, please call Roger Kohn at 

415–972–3973 at least one day in 

advance of inspecting this document at 

our office: Permits Office (AIR–3), Air 

Division, U.S. Environmental Protection 

52838 Federal Register / Vol. 68, No. 173 / Monday, September 8, 2003 / Rules and Regulations 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105. 

You may also see copies of the partial 

Delegation Agreement at the following 

location: Nevada Division of 

Environmental Protection, Bureau of Air 

Pollution Control, 333 West Nye Lane, 

Carson City, NV 89706.

FOR FURTHER INFORMATION CONTACT:

Gerardo Rios, EPA Region IX, (415) 972–

3974, or send email to 

rios.gerardo@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA. 

I. Background 

In 1978, EPA published final 

regulations at 40 CFR 52.21, 

implementing the PSD program required 

under part C of the Clean Air Act, 42 

U.S.C. 7475–7479. See 43 FR 26403 

(June 19, 1978). The PSD regulations 

provide authority to EPA to delegate the 

responsibility for conducting PSD 

source review to a State or local air 

pollution control agency. 40 CFR 

52.21(u). In general, delegations are 

implemented through agreements 

between EPA Regions and State or local 

air pollution control agencies. These 

agreements between the Agency and 

permitting agencies set out the 

responsibilities of each in carrying out 

the federal PSD program for that 

jurisdiction. The specific elements of 

delegation agreements vary to take into 

consideration particular circumstances, 

such as legal restrictions that may apply 

in a specific jurisdiction. 

Pursuant to its authority under 

§ 52.21(u), Region 9 entered into a PSD 

delegation agreement with the Nevada 

Division of Environmental Protection 

(NDEP) on May 27, 1983. Region 9 

published a notice of the delegation 

agreement in the Federal Register, (see

48 FR 28269, June 21, 1983). 

On December 31, 2002, EPA 

published its Final Rule significantly 

revising 40 CFR 52.21. 67 FR 80186 

(December 31, 2002). The revised rules 

were effective on March 3, 2003. 

Since publication of the revised PSD 

rules, Region 9 has consulted with 

NDEP, who indicated that changes to 

Nevada law would be necessary for 

them to fully implement the revisions to 

40 CFR 52.21. 

As NDEP did not believe that current 

law would allow it to fully implement 

revised 40 CFR 52.21, Region 9 

withdrew the 1983 delegation 

agreement for issuing Federal PSD 

permits on March 3, 2003. 

NDEP has advised EPA that it is on 

schedule to adopt State regulations 

consistent with the revised Federal PSD 

regulations and intends to submit those 

to EPA for approval into the Nevada 

State Implementation Plan (SIP) as a SIP 

revision. NDEP expects to have adopted 

such State regulations by January 2004. 

NDEP and EPA desire to continue to 

have NDEP implement and enforce the 

Federal PSD regulations to the extent 

possible while NDEP proceeds with 

adopting State regulations to fully 

implement the revised PSD regulations. 

Accordingly, on June 3, 2003, the EPA 

and NDEP entered into the partial 

Delegation Agreement to issue Federal 

Prevention of Significant Deterioration 

(PSD) permits. A copy of the agreement 

delegating partial PSD permitting 

authority is available for inspection and 

copying at the addresses provided 

above. 

As part of the transition process for 

implementing the new provisions, 

NDEP and EPA intend to allow permit 

applicants the opportunity to reevaluate their projects in light of the 

new Federal PSD requirements if they 

so choose. 

II. EPA Action 

Pursuant to 40 CFR 52.21(u), EPA 

delegates to NDEP responsibility for 

implementing and enforcing part of the 

Federal PSD regulations for all sources 

located in the State of Nevada under 

NDEP jurisdiction. NDEP is delegated to 

implement and enforce the Federal PSD 

regulations for any new major stationary 

source and for any modification of a 

major source that is a major 

modification. Region 9 has retained the 

authority to make applicability 

determinations under the revised PSD 

provisions effective March 3, 2003. Both 

EPA and NDEP acknowledge that under 

certain circumstances the State PSD 

regulations and Federal PSD regulations 

have different applicability criteria and 

that obtaining an exemption under one 

set of PSD regulations does not relieve 

a facility from compliance with the 

other PSD regulations.

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

regulations, Reporting and 

recordkeeping requirements.

Dated: August 21, 2003. 

Laura Yoshii, 

Acting Regional Administrator, Region IX.

[FR Doc. 03–22648 Filed 9–5–03; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[NV 045–0070a; FRL–7547–9] 

Revisions to the Nevada State 

Implementation Plan, Clark County Air 

Quality Management Board

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the Clark 

County Air Quality Management Board 

(CCAQMB) portion of the Nevada State 

Implementation Plan (SIP). The 

revisions concern the emission of 

particulate matter (PM–10) from 

residential wood combustion. We are 

approving the local rules (building code 

provisions) that regulate this emission 

source under the Clean Air Act as 

amended in 1990 (CAA or the Act).

DATES: This rule is effective on 

November 7, 2003 without further 

notice, unless EPA receives adverse 

comments by October 8, 2003. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

rule will not take effect.

ADDRESSES: Mail or e-mail comments to 

Andy Steckel, Rulemaking Office Chief 

(AIR–4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105; 

steckel.andrew@epa.gov.

You can inspect a copy of the 

submitted rules (building code 

provisions) and EPA’s technical support 

document (TSD) at our Region IX office 

during normal business hours. You may 

also see a copy of the submitted rules 

(building code provisions) and TSD at 

the following locations:

Air and Radiation Docket and 

Information Center, U.S. 

Environmental Protection Agency, 

(Mail Code 6102T), Room B–102, 

1301 Constitution Avenue, NW., 

Washington, DC 20460. 

Nevada Division of Environmental 

Protection, 333 West Nye Lane, Room 

138, Carson City, NV 89706. 

Clark County Air Quality Management 

Board, 500 South Grand Central 

Parkway, Las Vegas, NV 89155.

FOR FURTHER INFORMATION CONTACT: Al 

Petersen, Rulemaking Office (AIR–4), 

U.S. Environmental Protection Agency, 

Region IX; (415) 947–4118.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA.