[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24846-24847]
[FR Doc No: 2017-11069]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0047; Airspace Docket No. 17-ANM-1]

Establishment of Class E Airspace, Grass Range, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at N Bar Ranch, Grass Range, MT, to support
the development of instrument flight rules (IFR) operations under
standard instrument approach and departure procedures at the airport,
for the safety and management of aircraft within the National Airspace
System. A correction also is made changing the town name from
Grassrange.

DATES: Effective 0901 UTC, August 17, 2017. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, 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 this material at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; 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 establishes Class E airspace at N Bar Ranch Airport, Grass Range,
MT, to support the development of IFR operations in standard instrument
approach procedures at the airport.

History

    On February 27, 2017, the FAA published in the Federal Register (82
FR 11866) Docket FAA-2017-0047 a notice of proposed rulemaking to
establish Class E airspace extending upward from 700 feet above the
surface at N Bar Ranch, Grass Range, MT. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR

part 71.1. The Class E airspace designation listed in this document
will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface at N Bar Ranch, Grass Range, MT, within an area 3.6
miles wide extending 6.1 miles northeast and 5.9 miles southwest of the
airport. This airspace is necessary to support IFR operations in new
standard instrument approach and departure procedures at the airport.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

0
 1. The authority citation for 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 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

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

* * * * *

ANM MT E5 Grass Range, MT [New]

N Bar Ranch, MT
    (Lat. 46[deg]50'17'' N., long. 108[deg]56'13'' W.)

    That airspace extending upward from 700 feet above the surface
within 1.8 miles each side of a 070[deg] bearing from the N Bar
Ranch Airport extending to 6.1 miles northeast of the airport, and
within 1.8 miles each side of a 250[deg] bearing from the airport
extending to 5.9 miles southwest of the airport.

    Issued in Seattle, Washington, on May 22, 2017.
Sam S.L. Shrimpton,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-11069 Filed 5-30-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Notices]
[Pages 34151-34152]
[FR Doc No: 2023-11348]

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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA-04-2022-2508 et. al; FRL-10896-01-R4]

Bennett Landfill Fire Superfund Site, Chester, South Carolina;
Proposed Settlements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlements.

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SUMMARY: Under the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA), the United States Environmental Protection
Agency is proposing to enter into forty-nine Individual settlements
with fifty-three parties concerning the Bennett Landfill Fire Site
located in Chester, South Carolina. The proposed settlements address
recovery of CERCLA costs for a cleanup that was performed at the Site
and costs incurred by EPA.
    The individual proposed settlements are as follows: Rock Hill
School District 3, CERCLA-04-2023-2506(b); Carlisle Finishing LLC,
CERCLA-04-2022-2506(b); Dominion Energy South Carolina, Inc. f/k/a
South Carolina Electric & Gas Company, CERCLA-04-2022-2512(b); Signet
Mills, Inc. f/k/a Green Textile Associates, Inc., CERCLA-04-2022-
2513(b); AstenJohnson, Inc., CERCLA-04-2022-2508; Hexion Inc., CERCLA-
04-2022-2515(b); Target Contractors, LLC, CERCLA-04-2022-2517(b);
Inman-Campobello Water District, CERCLA-04-2022-2523(b); Laurens County
School District #56, CERCLA-04-2022-2520(b); McLeod Medical Center--
Dillon, CERCLA-04-2022-2519(b); Michelin North America, Inc., CERCLA-
04-2022-2521(b); Anderson County, South Carolina, CERCLA-04-2022-2511;
Aiken County, South Carolina, CERCLA-04-2022-2510; Anderson County
School District 5, CERCLA-04-2023-2500(b); Boulevard Baptist Church of
Anderson, Inc., CERCLA-04-2023-2501(b); Owens Corning, CERCLA-04-2023-
2502(b); School District of Pickens County, CERCLA-04-2023-2503(b);
Midland Industries, LLC f/k/a Midland Capital Corp. CERCLA-04-2022-
2522(b); Milliken & Company, CERCLA-04-2022-2524(b); Mohawk Industries,
Inc., CERCLA-04-2022-2525(b); Richloom Fabrics Group, Inc., CERCLA-
042023-2504(b); South Carolina School for the Deaf and the Blind,
CERCLA-04-2023-2508(b); Self Regional Healthcare, CERCLA-04-2023-
2509(b); SERRUS Real Estate Fund II, LLC and SERRUS Capital Partners,
Inc., CERCLA-04-2023-2510(b); Snyder Investments, Inc. and Snyder
Electric Company, Inc., CERCLA-04-2023-2515(b); South Carolina Regional
Housing Authority No. 1, CERCLA-04-2023-2516(b); Spartanburg County,
CERCLA-04-2023-2517(b); Spartanburg District Five Schools, CERCLA-04-
2023-2519(b); The Timken Company, CERCLA-04-2023-2518(b); Tri-County
Technical College, CERCLA-04-2023-2511(b); Trinity United Methodist
Church of Enoree, SC, CERCLA-04-2023-2512(b); Wells Fargo Bank, N.A.,
CERCLA-04-2023-2513(b); Wofford College, CERCLA-04-2023-2514(b); BASF
Corporation, CERCLA-04-2022-2507; Cherokee Avenue Baptist Church,
CERCLA-04-2022-2507(b); W.R. Floyd Services, Inc., d/b/a J. F. Floyd
Mortuary, CERCLA-04-2022-2518(b); Greenville-Spartanburg Airport
District, CERCLA-04-2022-2514(b); City of York, South Carolina, CERCLA-
04-2022-2510(b); Converse University f/k/a Converse College, CERCLA-04-
2022-

2516(b); Royal Adhesives and Sealants, LLC, and Simpsonville Properties
LLC, CERCLA-04-2023-2507(b); Spartanburg County School District Three,
CERCLA-04-2023-2520(b); City of Landrum, South Carolina, CERCLA-04-
2022-2508(b); Cooper Standard Automotive Inc., CERCLA-04-2022-2511(b);
Brixmor Property Group Inc., ERP Hillcrest, LLC, and Excel Realty
Partners LP, CERCLA-04-2022-2509(b); School District of Newberry
County, CERCLA-04-2023-2522(b); Mecklenburg County Alcoholic Beverage
Control Board CERCLA-04-2022-2509; Inman Mills, CERCLA-04-2023-2528(b);
Price Construction, Inc., CERCLA-04-2023-2525(b); Winthrop University,
United States General Services Administration and United States Postal
Service, CERCLA-04-2023-2527(b).

DATES: The Agency will consider public comments on the proposed
settlements until June 26, 2023. The Agency will consider all comments
received and may modify or withdraw its consent to the proposed
settlements if comments received disclose facts or considerations which
indicate that the proposed settlement is inappropriate, improper, or
inadequate.

ADDRESSES: Copies of the proposed settlements are available from the
Agency by contacting Ms. Paula V. Painter, Program Analyst, using the
contact information provided in this notice. Comments may also be
submitted by referencing the Site's name through one of the following
methods:
    Internet: https://www.epa.gov/aboutepa/about-epa-region-4-southeast#r4-public-notices.
    Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Paula V. Painter at 404/562-8887.

Maurice Horsey,
Branch Manager, Enforcement Branch, Superfund & Emergency Management
Division.
[FR Doc. 2023-11348 Filed 5-25-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66591-66594]
[FR Doc No: 2015-27518]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76248; File No. SR-NYSEMKT-2015-88]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Extending the Pilot
Period Applicable to Rule 953.1NY(c), Which Addresses How the Exchange
Treats Obvious and Catastrophic Errors During Periods of Extreme Market
Volatility to Coincide with the Pilot Period for the Plan To Address
Extraordinary Market Volatility Pursuant to Rule 608 of Regulation NMS

October 23, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 22, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to extend the pilot period applicable to Rule

953.1NY(c), which addresses how the Exchange treats Obvious and
Catastrophic Errors during periods of extreme market volatility to
coincide with the pilot period for the Plan to Address Extraordinary
Market Volatility Pursuant to Rule 608 of Regulation NMS. The pilot
period is currently set to expire on October 23, 2015. The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to extend the pilot period applicable to Rule
953.1NY(c), which addresses how the Exchange treats Obvious and
Catastrophic Errors during periods of extreme market volatility to
coincide with the pilot period for the Plan to Address Extraordinary
Market Volatility Pursuant to Rule 608 of Regulation NMS, as it may be
amended from time to time (``LULD Plan''), including any extensions to
the pilot period for the LULD Plan. The pilot period is currently set
to expire on October 23, 2015.
    In April 2013, in connection with the Plan to Address Extraordinary
Market Volatility Pursuant to Rule 608 of Regulation NMS (the
``Plan''),\3\ the Exchange adopted Rule 953.1NY(c) to provide that
options executions would not be adjusted or nullified if the execution
occurs during periods of extreme market volatility.\4\ Specifically,
Rule 953.1NY(c) provides that, during the pilot period, electronic
transactions in options that overlay an NMS Stock that occur during a
Limit State or a Straddle State (as defined by the Plan) are not
subject to review under Rule 975NY(c) for Obvious Errors or Rule
975NY(d) for Catastrophic Errors. Nothing in Rule 953.1NY(c) prevents
electronic transactions in options that overlay an NMS Stock that occur
during a Limit State or a Straddle State from being reviewed on
Exchange motion pursuant to 975NY(c)(3), or a bust or adjust pursuant
to paragraphs (e) through (j) and (l) of Rule 975NY.\5\
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    \3\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (File No. 4-631) (Order Approving,
on a Pilot Basis, the Plan). The Plan is designed to prevent trades
in individual NMS Stocks from occurring outside of specified Price
Bands, which are described in more detail in the Plan.
    \4\ See Securities and Exchange Act Release No. 69339 (April 8,
2013), 78 FR 22011 (April 12, 2013) (SR-NYSEMKT-2013-10) (``Approval
Order'').
    \5\ See Rule 975NY, Commentary .03.
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    The Plan has been amended several times since inception and was
implemented on February 24, 2014. On May 28, 2015, the Participants
submitted to the Commission a Supplemental Joint Assessment that
recommended that the Plan be adopted as permanent with certain
modifications.\6\ The purpose of this proposed extension is to allow
the Participants to conduct, and the Commission to consider, further
analysis of data in support of the recommendations made in the
Supplemental Joint Assessment, including around the attributes of limit
states; the length of trading pauses; the use of an alternative
reference price at the open of trading; and the alignment of the
percentage parameters with the Clearly Erroneous Execution (CEE)
thresholds (with the goal of largely eliminating the Participants' CEE
authority).
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    \6\ See Letter from Christopher B. Stone, Vice President, FINRA,
to Brent J. Fields, Secretary, SEC, dated May 28, 2015. In addition,
the Participants to the Plan recently filed to extend the Plan's
pilot period until April 22, 2016 (the ``Ninth Amendment''). See
Securities Exchange Act Release No. 75917 (September 14, 2015), 80
FR 56515 (September 18, 2015) (File No. 4-631) (notice of proposed
Ninth Amendment to the Plan).
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    In order to align the pilot period for Rule 953.1NY(c) with the
proposed pilot period for the Plan, the Exchange similarly proposes to
extend the pilot period. The Exchange has committed to provide the
Commission with its data assessments five months prior to the
expiration of the LULD Plan pilot period, including any extensions. If
the Plan extension is approved, the Exchange will deliver its next data
assessment to the Commission by December 18, 2015.
    In connection with the proposed change, the Exchange proposes to
modify the text of Rule 953.1NY to make clear that paragraph (c), like
paragraphs (a) and (b), will be in effect for a pilot period to
coincide with the pilot period for the LULD Plan, including any
extensions to the pilot period for the LULD Plan. The Exchange believes
the benefits afforded to market participants under Rule 953.1NY(c)
should continue on a pilot basis during the same period as the Plan
pilot. The Exchange continues to believe that adding certainty to the
execution of orders in Limit or Straddle States would encourage market
participants to continue to provide liquidity to the Exchange, and
thus, promote a fair and orderly market during those periods. Thus, the
Exchange believes that the protections of current Rule 953.1NY(c)
should continue while the industry gains further experience operating
the Plan. In addition, the Exchange believes that extending the pilot
period for Rule 953.1NY(c) would allow the Exchange to continue to
collect and evaluate data, as well as to conduct further data analyses,
related to this provision.
    Specifically, in connection with the adoption of Rule 953.1NY(c),
the Exchange committed to review the operation of this provision and to
analyze the impact of Limit and Straddle States accordingly.\7\ The
Exchange agreed to and has been providing to the Commission and the
public data for each Straddle State and Limit State in NMS Stocks
underlying options traded on the Exchange beginning in April 2013,
limited to those option classes that have at least one (1) trade on the
Exchange during a Straddle State or Limit State.\8\ For each of those
option classes affected, each data record contains the following
information:
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    \7\ Specifically, the Exchange committed to: ``(1) Evaluate the
options market quality during Limit States and Straddle States; (2)
assess the character of incoming order flow and transactions during
Limit States and Straddle States; and (3) review any complaints from
members and their customers concerning executions during Limit
States and Straddle States.'' See Approval Order, 78 FR at 22015.
    \8\ See Securities Exchange Act Release No. 71870 (April 4,
2014), 79 FR 19692 (April 9, 2014) (SR-NYSEMKT-2014-31).
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     Stock symbol, option symbol, time at the start of the
Straddle or Limit State, an indicator for whether it is a Straddle or
Limit State.
     For activity on the Exchange:
     Executed volume, time-weighted quoted bid-ask spread,
time-weighted average quoted depth at the bid, time-weighted average
quoted depth at the offer;
     high execution price, low execution price;

     number of trades for which a request for review for error
was received during Straddle and Limit States;
     an indicator variable for whether those options outlined
above have a price change exceeding 30% during the underlying stock's
Limit or Straddle state compared to the last available option price as
reported by OPRA before the start of the Limit or Straddle State (1 if
observe 30% and 0 otherwise). Another indicator variable for whether
the option price within five minutes of the underlying stock leaving
the Limit or Straddle state (or halt if applicable) is 30% away from
the price before the start of the Limit or Straddle state.
    The Exchange believes that the extension of the pilot period of
Rule 953.1NY(c) would allow the Exchange to continue to observe the
operation of the pilot and conduct its assessments relating to the
impact of the operation of the Rule during Limit and Straddle States,
which information will continue to be shared with the Commission and
the public as set forth above.
    Finally, the Exchange proposes to amend 953.1NY (c) to update
cross-references to Rule 975NY that reflect the recent amendments of
that rule, which add clarity and consistency to Exchange rules. The
Exchange also proposes to similarly amend Commentary .03 to Rule 975NY
regarding the Limit Up-Limit Down State to reflect the extension of the
pilot to coincide with the pilot period for the LULD Plan, including
any extensions to the pilot period for the LULD Plan.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \9\ in general, and furthers the objectives of
Section 6(b)(5),\10\ in particular, in that it is designed to promote
just and equitable principles of trade, remove impediments to and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    Specifically, the proposal to extend the pilot program of Rule
953.1NY(c) and Commentary .03 to Rule 975NY to coincide with the pilot
period for the LULD Plan, as it may be amended from time to time,
including any extensions to the pilot period for the LULD Plan would
align that pilot program with the Pilot Period for the Plan, as
proposed in the Ninth Amendment to the Plan. The Exchange believes that
aligning the pilot periods would ensure that trading in options that
overlay NMS Stocks continues to be appropriately modified to reflect
market conditions that occur during a Limit State or a Straddle State
in a manner that promotes just and equitable principles of trade and
removes impediments to, and perfects the mechanism of, a free and open
market and a national market system. The Exchange believes that the
extension of Rule 953.1NY(c) and Commentary .03 to Rule 975NY would
help encourage market participants to continue to provide liquidity
during extraordinary market volatility.
    Moreover, the Exchange believes that extending the pilot period for
Rule 953.1NY(c) and Commentary .03 to Rule 975NY would remove
impediments to, and perfect the mechanisms of, a free and open market
because it would enable the Exchange to continue to conduct its
assessments relating to the impact of the operation of the Obvious
Error rules during Limit and Straddle States as set forth above, which,
in turn, provides the Exchange with more information from which to
assess the impact of Rule 953.1NY(c) and Commentary .03 to Rule 975NY.
    Finally, the Exchange believes that amending Rule 953.1NY (c) to
update cross-references to Rule 975NY to reflect the recent amendments
of that rule would remove impediments to, and perfect the mechanisms
of, a free and open market by adding clarity and consistency to
Exchange rules to the benefit of all market participants.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed changes will
not impose any burden on competition and will instead provide certainty
regarding the treatment and execution of options orders, specifically
the treatment of Obvious and Catastrophic Errors during periods of
extraordinary volatility in the underlying NMS Stock, and will
facilitate appropriate liquidity during a Limit State or Straddle
State.

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

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest,
as it will allow the obvious error pilot program to continue
uninterrupted while the industry gains further experience operating
under the Plan, and avoid any investor confusion that could result from
a temporary interruption in the pilot program. For this reason, the
Commission designates the proposed rule change to be operative upon
filing.\13\
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    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2015-88 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2015-88. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2015-88, and should
be submitted on or before November 19, 2015.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-27518 Filed 10-28-15; 8:45 am]
 BILLING CODE 8011-01-P


1 MEMORANDUM TO: EPA Docket Number OW 2003 0074 FROM: Meghan Kandle, ERG DATE: 26 August 2004 SUBJECT: List of industries for which only a few facilities account for

95 percent of a category's TWPE As part of its 2004 review, EPA considered the number of facilities responsible for the majority of the estimated toxic weighted pollutant discharges associated with an industrial activity. Where only a few facilities accounted for the vast majority of toxic weighted pollutant discharges, EPA believes that support to permit writers would address the toxic weighted pollutant discharges more effectively and sooner than a national effluent guidelines rulemaking because requirements can be better tailored to these few facilities, and because individual permitting actions take considerable less time than a national rulemaking.

This memorandum lists industries for which only a few facilities account for the vast majority (

95 percent) of the estimated toxic weighted pollutant discharges. For those industries on the attached lists with considerable toxic weighted pollutant discharges, EPA will consider assisting permitting authorities in identifying pollutant control and pollution prevention technologies for these facilities based on best professional judgment ( BPJ). In future annual reviews, EPA intends to re evaluate industry categories based on information available at the time in order to evaluate their current loadings and will again consider opportunities to offer BPJ permit based support. Table 1 lists the facilities in the TRIReleases2000 database that account for

95 percent of a category's TWPE. Table 2 lists the facilities in the PCSLoads2000 database that account for

95 percent of a category's TWPE. 2 Table 1. Facilities in the TRIReleases2000 Database that Account for

95 Percent of a Category's TWPE CFR Part or SIC Group Description Facility Location NPDES Permit # TRI ID % of Category TWPE Category TWPE Point Source Categories with 1 or 2 Top Dischargers 444 / 445 Waste Combustors and Landfills Vopak Indl. Services USA Inc. Deer Park, TX TX0030937 77536MPKNC2759B 93% 874,852 DK Environmental Inc. Vernon, CA NA 90023DKNVR3650E 4%

455 Pesticide chemicals manufacturing,

formulation and Dow Chemical Co.

Freeport Freeport, TX TX0006483 77541THDWCBUILD 96% 324,393 430 Pulp, paper and paperboard ( Phase III) Rayonier Performance Fibers Jesup Mill Jesup, GA GA0003620 31545TTRYNSAVAN 53% 319,244 International Paper

Natchez Mill Natchez, MS MS0000213 39120NTRNT312LO 28%

Buckeye Technologies,

Inc. Foley Mill Perry, FL FL0000876 32347BCKYCROUTE 8%

Weyerhaeuser Company Cosmopolis,

WA WA000080 98537WYRHS700EA 5%

Rayonier, Inc.,

Performance Fibers Fernandina Beach, FL FL0000701 32034TTRYNFOOTO 5%

424 Ferroalloy manufacturing Elkem Metals Company Marietta, OH OH0004006 45750LKMMTROUT E 93% 22,131 LTY Steel Co. Inc.

Aliquippa Works Aliquippa, PA PA0006114 15001LQPPWFRANK 4% Table 1 ( Continued)

CFR Part or SIC Group Description Facility Location NPDES Permit # TRI ID % of Category TWPE Category TWPE 3 465 Coil coating Silgan Containers Mfg.

Corp. La Porte, IN NA 46350MRCNN300NO 99% 11,764 411 Cement manufacturing Heartland Cement Co. Independence,

KS IVE23P001 67301HRTLNSOUTH 99% 10,827 405 Dairy products processing Kraft Foods N. A. Inc. Springfield,

MO MO0001945 65804DRFTN2035E 96% 5,829 426 Glass manufacturing Visteon Corp. Nashville Glass Plant Nashville, TN TN0003573 37209FRDMTCENTE 90% 1,875 Certainteed Corp. Kansas City,

KS NA 66115CRTNT103FU 5%

437 Centralized Waste Treatment Neches River Treatment Corp. Lower Neches Valley A Beaumont,

TX TX0062677 77704NCHSRGULFS 100% 1,359 436 Mineral Mining and Processing 3M Little Rock,

AR AR0001414 72216M POBOX 55% 1,137 Ferro Electronic Materials Niagara Falls,

NY NA 14305TMCRM4511H 40%

460 Hospital Va Hudson Valley Health Care System Montrose Camp Montrose, NY NY0021326 10548VHDSN138AL 100% 724 Table 1 ( Continued)

CFR Part or SIC Group Description Facility Location NPDES Permit # TRI ID % of Category TWPE Category TWPE 4 457 Explosives U. S. Army Radford Army Ammunition Plant Radford, VA VA0000248 24141SDDSRPOBOX 89% 381 Joplin Mfg. Inc. Carthage, MO MO0002453 64801TLSPWHIGHW 6%

408 Canned and preserved seafood Unisea Inc. Dutch Harbor,

AK AK0028657 99692NSNC POUCH 65% 20 Delta Pride Catfish Inc. Indianola, MS MS0035823 38751DLTPRINDIA 35%

435 Oil & Gas Extraction U. S. DOE Naval Petroleum Reserve No.

3 Casper, WY WY0028894 82601SDNVL907NO 100% 8 427 Asbestos manufacturing Honeywell Friction Materials Green Island,

NY NY0006734 12183LLDSGTIBBE 93% 6 Honeywell Cleveland, TN TNR051748 37311LLDSG20THS 7%

SIC Code Groups with 1 or 2 Top Dischargers 87 Engineering &

Management Services U. S. DOE Argonne Natl. Lab East Site Argonne, IL IL0034592 60439SDRGN9700S > 99% 124,724 73 Business Services Marisol Inc. Middlesex, NJ NJ0127477 08846MRSLN125FA > 99% 88,810 Table 1 ( Continued)

CFR Part or SIC Group Description Facility Location NPDES Permit # TRI ID % of Category TWPE Category TWPE 5 91 Executive, Legislative, &

General Racine Water Utility Racine, WI WI0057681 53402RCNWT100HU 93% 36,734 U. S. DOI Bureau Of Reclamation Yuma Area Office Yuma, AZ NA 85364SDYMD7301C 7%

29 Petroleum & Coal Products Calumet Lubricants Co.

Rouseville Plant Rouseville,

PA PA0002551 16344PNNZL2MAIN 77% 27,982 Quaker Chemical Corp.

Plant 2 Detroit, MI NA 48238QKRCH14301 18%

95 Environmental Quality & Housing Camp Creek WPCP College Park,

GA GA0025381 30349CMPCR7520C 52% 18,458 U. S. EPA Fund Lead Superfund Site/ Summitville Mine Summitville,

CO NA 81132SPFNDSUMMI 46%

49 Electric, Gas, &

Sanitary Services Citizens Gas & Coke Utility Mfg. Div. Indianapolis,

IN INS200002 46203CTZNS2950E 99% 15,516 24 Lumber & Wood Products Weyerhaeuser Co. Longview,

WA WA0039187 98632WYRHS3401I > 99% 14,656 21 Tobacco Products Philip Morris USA Park 500 Site Chester, VA VA0026557 23831PHLLP4100B > 99% 6,131 Table 1 ( Continued)

CFR Part or SIC Group Description Facility Location NPDES Permit # TRI ID % of Category TWPE Category TWPE 6 89 Services, Not Elsewhere Classified U. S. TVA Muscle Shoals Muscle Shoals, AL ALG140643 35660TVNTNTVAMU 100% 566 50 Wholesale Trade

Durable Goods Exide Corp. Leavenworth,

KS NA 66048GNBNC1901S 94% 287 Pennzoil Quaker State Co. Shreveport,

LA LA0085367 71108WSTLN2740V 4%

23 Apparel & Other Textile Products Magee Rieter Automotive Sys. Bloomsburg,

PA PAR134801 17815MGCRP480WE 95% 53 4941 Water Supply U. S. Army Corps Of Engineers Dalecarlia WTP Aqueduct Washington,

DC DC0000019 20001SCMCM2500F 73% 7 20315SCDLC5900M 27%

30 Rubber and miscellaneous plastics products OEM/ Miller Corp. Aurora, OH NA 44202MMLLR1300D 100% 0.2 39 Misc. Manuf.

Industries Fuller Brush Co. Great Bend,

KS NA 67530THFLLWESTP 100% 0.02 34 Fabricated metal products Ampcor II Inc. La Porte, IN NA 46350MRCNM105KO 100% 0.004 7 Table 2. Facilities in the PCSLoads2000 Database that Account for

95 Percent of a Category's TWPE 40 CFR Part or SIC Group Description Facility Location NPDES Permit # TRI ID % of Category TWPE Total Category TWPE Point Source Categories with 1 or 2 Top Dischargers 430 Pulp, paper and paperboard ( Phase III) ITT Rayonier Inc ( Jesup) Jesup, GA GA0003620 31545TTRYNSAVAN > 99% 5,120,869 422 Phosphate manufacturing IMC Phosphates Co  Uncle Sam Uncle Sam, LA LA0004847 70792GRCCHEASTB 99% 1,095,321 455 Pesticide chemicals manufacturing,

formulation and Kincaid Enterprises Nitro, WV WV0000108 25143KNCDNPLANT 94% 178,977 Monsanto Company Fayetteville, NC NC0003719 28301MNSNTCEDAR 2%

467 Aluminum forming Alcan Aluminum Corp Oswego, NY NY0002143 13126LCNRLLAKER 76% 103,624 Wise Alloys LLC Muscle Shoals, AL AL0000035 35660RYNLDEAST2 22%

466 Porcelain Enameling Wheeling Pittsburg Steel Yorkville, OH OH0011371 43971WHLNG219PU 95% 54,077 Armco Inc. Dover, OH OH0004910 NA 2%

454 Gum and wood chemicals Georgia Pacific Corporation Monticello, MS MS0002941 39654GRGPCSANDI 66% 42,455 Hercules Brunswick Brunswick, GA GA0003735 31520HRCLS2801C 34% Table 2 ( Continued)

40 CFR Part or SIC Group Description Facility Location NPDES Permit # TRI ID % of Category TWPE Total Category TWPE 8 407 Fruits and vegetable processing Miller Brewing Company Eden, NC NC0029980 27288MLLRB863EA 87% 28,779 Veryfine Products Inc. Littleton, MA MA0004936 01460VRYFNPOBOX 7%

469 Electrical and electronic components Memc Inc St Peters St. Peters, MO MO0000299 63376MNSNT501PE 66% 23,714 IBM Corporation Essex Junction,

VT VT0000400 05452BM 1000R 30%

408 Canned and preserved seafood Mayaguez Water Treatment Co Inc Mayaguez, PR PR0023043 NA > 99% 18,961 424 Ferroalloy manufacturing Elkem Metals Company Marietta, OH OH0004006 45750LKMMTROUTE 99% 8,830 468 Copper forming Olin Brass And Winchester Inc East Alton, IL IL0000230 62024LNCRPLEWIS 81% 5,556 Hussey Copper Ltd Leetsdale, PA PA0000566 15056HSSYC100WA 14%

425 Leather tanning and finishing Westfield Tanning Company Westfield, PA PA0008800 16950WSTFL360CH 90% 5,486 Garden State Tanning Inc. Williamsport, MD MD0053431 21795WDBYR312NC 6%

437 Centralized Waste Treatment Neches River Treatment Corp. Lower Neches Valley A Beaumont, TX TX0062677 77704NCHSRGULFS 100% 4,133 Table 2 ( Continued)

40 CFR Part or SIC Group Description Facility Location NPDES Permit # TRI ID % of Category TWPE Total Category TWPE 9 463 Plastic molding and forming Du Pont Teijin Films Hopewell, VA VA0003077 23860CMRCSBERMU 87% 3,698 Viskase Corporation Osceola, AR AR0036544 72370VSKSCRT198 10%

443 Paving and roofing materials ( tars and asphalt) Wheelabrator EOS Of Ohio Franklin, OH OH0025275 NA 86% 710 IMTT Bayonne Bayonne, NJ NJ0002089 07002XXNCH250EA 13%

435 Oil & Gas Extraction BP Exploration ( Alaska) Inc Anchorage, AK AK0029840 NA 96% 267 417 Soap and Detergent Manufacturing Colgate Palmolive Company Clarksville, IN IN0003638 47130CLGTP1400S 55% 164 ISP Environmental Services Inc Linden, NJ NJ0000019 07036GFCHMFOOTO 45%

451 Aquatic Animal Production Industry Southern Star Inc. Rio Hondo, TX TX0108197 NA 94% 16 St. Martin's Seafood Palacios, TX TX0113379 NA 6%

460 Hospital Castaner General Hospital Lares, PR PR0025283 NA 91% 5 Marlboro Psychiatric Hospital Stp Marlboro, NJ NJ0022586 NA 7% Table 2 ( Continued)

40 CFR Part or SIC Group Description Facility Location NPDES Permit # TRI ID % of Category TWPE Total Category TWPE 10 405 Dairy products processing Land O'Lakes Inc Carlisle, PA PA0044911 17013HLLYM632PA 80% 4 Maryland & Virginia Milk Pro. Laurel, MD MD0000469 20707MRYLNPOBOX 20%

SIC Code Groups with 1 or 2 Top Dischargers 4941 Water Supply Wash Aqueduct Dalecarlia Plant Washington, DC DC0000019 20001SCMCM2500F /

20315SCDLC5900M 96% 516,402 99 Non classifiable Establishments Golden Rod Broilers Cullman Cullman, AL AL0026832 35055GLDNRROUTE 94% 29,591 Buffalo Color Corp Buffalo, NY NY0002470 14210BFFLC100LE 4%

40 Railroad Transportation Norfolk Southern Railway Co. Enola, PA PA0009229 NA > 99% 11,701 82 Educational Services West Point Target Hill WWTP West Point, NY NY0023761 10996SMLTRSTATE 95% 6,892 42 Trucking & Warehousing City Of Rock Springs Rock Springs, WY WY0022357 NA 58% 5,212 St Bernard Port Har

Chalmette Chalmette, LA LA0000876 NA 41%

96 Administration of Economic Programs USDOE Y12 Natl Security Cmplex Oak Ridge, TN TN0002968 37831SDKRDBEARC 100% 4,163 Table 2 ( Continued)

40 CFR Part or SIC Group Description Facility Location NPDES Permit # TRI ID % of Category TWPE Total Category TWPE 11 24 Lumber & Wood Products Domtar Maine Corp Woodland, ME ME0001872 04694GRGPCMILLA 100% 2,885 27 Printing &

Publishing R. R. Donnelley & Sons Company Warsaw, IN IN0003387 46580RRDNNOLDRO 64% 2,247 Holliston Mills Kingsport Church Hill, TN TN0002330 37642HLLSTHWY11 36%

45 Transportation by Air Newark International Airport Newark, NJ NJ0003824 NA 93% 466 US Marine Corps M C B H Kaneohe Bay, HI HI0110078 96863SMRNCMAGAZ 7%

9 Fishing, Hunting,

& Trapping Kahuku Shrimp Farm Kahuku, HI HI0021059 NA 100% 266 28 Chemical &

Allied Products C & K Witco Corp Petrolia Petrolia, PA PA0002666 16050WTCCRHWY26 64% 240 Stepan Company Elwood Elwood, IL IL0002453 60421STPNCRURAL 34%

4959 Sanitary Services Chemical Waste Management Services Carlyss, LA LA0054828 70665CHMCL7170J 100% 15 47 Transportation Services Union Pacific Railroad Albany County,

WY WY0032590 NA 100% 8 Table 2 ( Continued)

40 CFR Part or SIC Group Description Facility Location NPDES Permit # TRI ID % of Category TWPE Total Category TWPE 12 91 Executive, Legislative, &

General Mayaguez Mun Govt Public Works Ct Mayaguez, PR PR0023396 NA 61% 3 Naval Surface Warfare Center Indian Head, MD MD0020885 20640SDDND101ST 39%