Comment Info: =================

General Comment:Measuring methylphenidate response in attention-deficit/hyperactvity disorder: how are laboratory classroom-based measures related to parent ratings?.


[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12586-12587]
[FR Doc No: 2017-04285]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2835-007.
    Applicants: Google Energy LLC.
    Description: Notice of Change in Status of Google Energy LLC.
    Filed Date: 2/27/17.
    Accession Number: 20170227-5216.
    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-194-001.
    Applicants: Hartree Partners, LP.
    Description: Notice of Change in Status of Hartree Partners, LP.
    Filed Date: 2/27/17.
    Accession Number: 20170227-5234.
    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-569-000.
    Applicants: National Choice Energy LLC.
    Description: Supplement to December 16, 2016 National Choice Energy
LLC tariff filing.
    Filed Date: 2/8/17.
    Accession Number: 20170208-5078.
    Comments Due: 5 p.m. ET 3/1/17.

    Docket Numbers: ER17-569-000.
    Applicants: National Choice Energy LLC.
    Description: Second Supplement to December 16, 2016 National Choice
Energy LLC tariff filing (Asset Appendix).
    Filed Date: 2/10/17.
    Accession Number: 20170210-5188.
    Comments Due: 5 p.m. ET 3/3/17.

    Docket Numbers: ER17-569-000.
    Applicants: National Choice Energy LLC.
    Description: Amendment to December 16, 2016 National Choice Energy
LLC tariff filing.
    Filed Date: 2/15/17.
    Accession Number: 20170215-5077.
    Comments Due: 5 p.m. ET 3/8/17.

    Docket Numbers: ER17-867-000.
    Applicants: Black Oak Wind, LLC.
    Description: Sec.  205(d) Rate Filing: Notice of Non-Material
Change in Status of Black Oak Wind, LLC to be effective 3/28/2017.
    Filed Date: 1/27/17.
    Accession Number: 20170127-5139.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1040-000.
    Applicants: ITC Interconnection LLC.
    Description: Sec.  205(d) Rate Filing: Amendments to Facilities
Reimbursement Agreement to be effective 4/29/2017.
    Filed Date: 2/27/17.
    Accession Number: 20170227-5081.
    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-1046-000.
    Applicants: South Central MCN LLC.
    Description: Compliance filing: SCMCN Compliance Filing to be
effective 12/31/9998.
    Filed Date: 2/27/17.
    Accession Number: 20170227-5188.
    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-1047-000.
    Applicants: Sierra Pacific Power Company.
    Description: Notice of Cancellation of General Transfer Agreement
Rate Schedule No. 17 of Sierra Pacific Power Company.
    Filed Date: 2/27/17.
    Accession Number: 20170227-5215.
    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-1048-000.
    Applicants: New England Power Pool Participants Committee.
    Description: Sec.  205(d) Rate Filing: Mar 2017 Membership Filing
to be effective 3/1/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5079.
    Comments Due: 5 p.m. ET 3/21/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 28, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-04285 Filed 3-3-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Notices]
[Pages 59414-59415]
[FR Doc No: 2022-21238]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0767; FRL-10266-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Solid Waste Disposal Facility Criteria
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Solid Waste Disposal Facility
Criteria (EPA ICR Number 1381.13, OMB Control Number 2050-0122) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through November 30,
2022. Public comments were previously requested via the Federal
Register on March 23, 2022 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may not conduct or sponsor and a
person is not required to respond

to a collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before October 31,
2022.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0767, online using www.regulations.gov (our preferred method), or
by mail to: RCRA Docket (2822T), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue NW, Washington, DC 20460. The EPA's policy is
that all comments received will be included in the public docket
without change, including any personal information provided, unless the
comment includes profanity, threats, information claimed to be
Confidential Business Information (CBI), or other information whose
disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Craig Dufficy, Materials Recovery and
Waste Management Division, Office of Resource Conservation and
Recovery, Mail Code 5304T, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
566-0537; fax number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov. Materials can also be viewed at the Reading Room
located at the EPA Docket Center, WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20004. The Docket Center's hours
of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays). The telephone number for the Docket Center is<PHONE_NUMBER>.
    Abstract: In order to effectively implement and enforce final
changes to 40 CFR part 258 on a State level, owners/operators of
municipal solid waste landfills have to comply with the final reporting
and recordkeeping requirements. Respondents include owners or operators
of new municipal solid waste landfills (MSWLFs), existing MSWLFs, and
lateral expansions of existing MSWLFs. The respondents, in complying
with 40 CFR part 258, are required to record information in the
facility operating record, pursuant to Sec.  258.29, as it becomes
available. The operating record must be supplied to the State as
requested until the end of the post-closure care period of the MSWLF.
The information collected will be used by the State Director to confirm
owner or operator compliance with the regulations under Part 258. These
owners or operators could include Federal, State, and local
governments, and private waste management companies. Facilities in
NAICS codes 9221, 5622, 3252, 3251 and 3253 may be affected by this
rule.
    Form Numbers: None.
    Respondents/affected entities: Recordkeeping and Reporting--Solid
Waste Disposal Facilities and Practices.
    Respondent's obligation to respond: The respondents, in complying
with 40 CFR part 258, are required to record information in the
facility operating record, pursuant to Sec.  258.29, as it becomes
available.
    Estimated number of respondents: 3,800.
    Frequency of response: On occasion.
    Total estimated burden: 211,262 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $17,286,006 (per year), which includes
$15,075,153 in annualized labor and $2,210,853 in annualized capital or
operation & maintenance costs.
    Changes in the Estimates: There is an increase of 25,819 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. On this ICR, one-time burdens from the cumulative
reporting requirements of the Research, Development & Demonstration
rule under 40 CFR part 258.4.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-21238 Filed 9-29-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82246-82248]
[FR Doc No: 2023-25833]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1722; Project Identifier MCAI-2023-00493-T;
Amendment 39-22597; AD 2023-22-13]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-04-
15, which applied to certain Dassault Aviation Model FALCON 7X
airplanes. AD 2023-04-15 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. This AD was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. This AD continues to require the actions in AD 2023-04-
15 and requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective December 29, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 29,
2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May
10, 2023 (88 FR 20062, April 5, 2023).

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1722; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1722.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2023-04-15, Amendment 39-22362 (88 FR
20062, April 5, 2023) (AD 2023-04-15). AD 2023-04-15 applied to certain
Dassault Aviation Model FALCON 7X airplanes. AD 2023-04-15 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA issued AD 2023-04-15 to address reduced structural integrity and
reduced control of the airplane due to the failure of system
components. AD 2023-04-15 specified that accomplishing the revision
required by that AD terminates the requirements of paragraph (q) of AD
2014-16-23, Amendment 39-17947 (79 FR 52545, September 4, 2014) (AD
2014-16-23). This AD therefore continues to allow that terminating
action.
    The NPRM published in the Federal Register on August 29, 2023 (88
FR 59473). The NPRM was prompted by AD 2023-0063, dated March 20, 2023,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2023-0063) (also referred to as the MCAI).
The MCAI states that new or more restrictive airworthiness limitations
have been developed.
    In the NPRM, the FAA proposed to continue to require the actions in
AD 2023-04-15 and to require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in EASA AD 2023-
0063. The FAA is issuing this AD to address reduced structural
integrity and reduced control of the airplane due to the failure of
system components.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1722.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and

determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on this product. Except for minor editorial changes, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0063. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
    This AD also requires EASA AD 2022-0142, dated July 7, 2022, which
the Director of the Federal Register approved for incorporation by
reference as of May 10, 2023 (88 FR 20062, April 5, 2023).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 122 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2021-09-12 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
    The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2023-04-15, Amendment 39-22362
(88 FR 20062, April 5, 2023); and
0
b. Adding the following new AD:

2023-22-13 Dassault Aviation: Amendment 39-22597; Docket No. FAA-
2023-1722; Project Identifier MCAI-2023-00493-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 29,
2023.

(b) Affected ADs

    (1) This AD replaces AD 2023-04-15, Amendment 39-22362 (88 FR
20062, April 5, 2023) (AD 2023-04-15).
    (2) This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR
52545, September 4, 2014) (AD 2014-16-23).

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before September 7, 2022.
    Note 1 to paragraph (c): Model FALCON 7X airplanes with
modification M1000 incorporated are commonly referred to as ``Model
FALCON 8X'' airplanes as a marketing designation.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity and reduced
control of the airplane due to the failure of system components.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD
2023-04-15, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 7, 2021, except as specified
in paragraph (h) of this AD: Comply with all required actions and
compliance times specified in, and in accordance with, European
Union Aviation Safety Agency (EASA) AD 2022-0142, dated July 7, 2022
(EASA AD 2022-0142). Accomplishing the revision of the existing
maintenance or inspection program required by paragraph (j) of this
AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2022-0142, With No Changes

    This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-04-15, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0142 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0142 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after May 10, 2023 (the effective date
of AD 2023-04-15).
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0142 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0142, or within 90
days after May 10, 2023 (the

effective date of this AD 2023-04-15), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0142 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0142 does not apply
to this AD.

(i) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With a New
Exception

    This paragraph restates the requirements of paragraph (l) of AD
2023-04-15, with a new exception. Except as required by paragraph
(j) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs are allowed unless
they are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0142.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0063, dated March 20, 2023 (EASA AD
2023-0063). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2023-0063

    (1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0063.
    (2) Paragraph (3) of EASA AD 2023-0063 specifies revising ``the
approved AMP [aircraft maintenance program]'' within 12 months after
its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0063 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0063, or within 90
days after the effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0063.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0063.

(l) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2023-0063.

(m) Terminating Action for Certain Requirements in AD 2014-16-23

    Accomplishing the actions required by paragraphs (g) or (j) of
this AD terminates the requirements of paragraph (q) of AD 2014-16-
23.

(n) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (o) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(o) Additional Information

    For more information about this AD, contact Tom Rodriguez,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email:
[email protected].

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
December 29, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0063,
dated March 20, 2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
May 10, 2023 (88 FR 20062, April 5, 2023).
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0142,
dated July 7, 2022.
    (ii) [Reserved]
    (5) For EASA ADs 2023-0063 and 2022-0142, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; website easa.europa.eu. You may find these
EASA ADs on the EASA website at ad.easa.europa.eu.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 16, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-25833 Filed 11-22-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Proposed Rules]
[Pages 55342-55348]
[FR Doc No: 2022-19149]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-OLEM-2022-0679, 0680 and EPA-HQ-SFUND-1994-0002; FRL-10160-01-
OLEM]

National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; withdrawal of proposed rule.

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

SUMMARY: The Comprehensive Environmental Response, Compensation, and
Liability Act (``CERCLA'' or ``the Act''), as amended, requires that
the National Oil and Hazardous Substances Pollution Contingency Plan
(``NCP'') include a list of national priorities among the known
releases or threatened releases of hazardous substances, pollutants or
contaminants throughout the United States. The National Priorities List
(``NPL'') constitutes this list. The NPL is intended primarily to guide
the Environmental Protection Agency (``EPA'' or ``the agency'') in
determining which sites warrant further investigation. These further
investigations will allow the EPA to assess the nature and extent of
public

health and environmental risks associated with the site and to
determine what CERCLA-financed remedial action(s), if any, may be
appropriate. This rule proposes to add two sites to the General
Superfund section of the NPL. This document also withdraws a previous
proposal for NPL addition.

DATES: Comments regarding any of these proposed listings must be
submitted (postmarked) on or before November 8, 2022.
    As of September 9, 2022, the proposed rule for the East Tenth
Street site in Marcus Hook, Pennsylvania, published January 18, 1994,
at 59 FR 2568, is withdrawn.

ADDRESSES: Identify the appropriate docket number from the table below.

                                      Docket Identification Numbers by Site
----------------------------------------------------------------------------------------------------------------
              Site name                   City/county, state                      Docket ID No.
----------------------------------------------------------------------------------------------------------------
East Basin Road Groundwater..........  New Castle, DE.........  EPA-HQ-OLEM-2022-0679
PCE--Carriage Cleaners...............  Bellevue, NE...........  EPA-HQ-OLEM-2022-0680
----------------------------------------------------------------------------------------------------------------

    You may send comments, identified by the appropriate docket number,
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Agency website: https://www.epa.gov/superfund/current-npl-updates-new-proposed-npl-sites-and-new-npl-sites; scroll down to the
site for which you would like to submit comments and click the
``Comment Now'' link.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Superfund Docket, Mail Code 28221T, 1200 Pennsylvania Avenue
NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
holidays).
    Instructions: All submissions received must include the appropriate
Docket ID No. for site(s) for which you are submitting comments.
Comments received may be posted without change to https://www.regulations.gov/, including any personal information provided. For
detailed instructions on sending comments and additional information on
the rulemaking process, see the ``Public Review/Public Comment''
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone:<PHONE_NUMBER>,
email: [email protected], Assessment and Remediation Division, Office
of Superfund Remediation and Technology Innovation, Mail code 5204T,
Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public Review/Public Comment
    A. May I review the documents relevant to this proposed rule?
    B. What documents are available for public review at the EPA
Headquarters docket?
    C. What documents are available for public review at the EPA
regional dockets?
    D. How do I access the documents?
    E. How do I submit my comments?
    F. What happens to my comments?
    G. What should I consider when preparing my comments?
    H. May I submit comments after the public comment period is
over?
    I. May I view public comments submitted by others?
    J. May I submit comments regarding sites not currently proposed
to the NPL?
II. Background
    A. What are CERCLA and SARA?
    B. What is the NCP?
    C. What is the National Priorities List (NPL)?
    D. How are sites listed on the NPL?
    E. What happens to sites on the NPL?
    F. Does the NPL define the boundaries of sites?
    G. How are sites removed from the NPL?
    H. May the EPA delete portions of sites from the NPL as they are
cleaned up?
    I. What is the Construction Completion List (CCL)?
    J. What is the Sitewide Ready for Anticipated Use measure?
    K. What is state/tribal correspondence concerning NPL listing?
III. Contents of This Proposed Rule
    A. Proposed additions to the NPL
    B. Withdrawal of Previous Proposal for NPL Addition
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. Public Review/Public Comment

A. May I review the documents relevant to this proposed rule?

    Yes, documents that form the basis for the EPA's evaluation and
scoring of the sites in this proposed rule are contained in public
dockets located both at the EPA Headquarters in Washington, DC, and in
the regional offices. An electronic version of the public docket is
available through https://www.regulations.gov (see table above for
docket identification numbers). Although not all docket materials may
be available electronically, you may still access any of the publicly
available docket materials through the docket facilities.

B. What documents are available for public review at the EPA
Headquarters docket?

    The Headquarters docket for this proposed rule contains the
following information for the sites proposed in this rule: Hazard
Ranking System (HRS) score sheets; documentation records describing the
information used to compute the score; information for any sites
affected by particular statutory requirements or the EPA listing
policies; and a list of documents referenced in the documentation
record. These documents are also available online at https://www.regulations.gov.

C. What documents are available for public review at the EPA regional
dockets?

    The regional dockets for this proposed rule contain all of the
information in the

Headquarters docket plus the actual reference documents containing the
data principally relied upon and cited by the EPA in calculating or
evaluating the HRS score for the sites. These reference documents are
available only in the regional dockets.

D. How do I access the documents?

    You may view the primary documents that support this proposed rule
online at https://www.regulations.gov or by contacting the EPA HQ
docket. You may view the primary documents plus the references by
contacting the regional dockets. The hours of operation for the
headquarters docket are from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding federal holidays. Please contact the individual
regional dockets for hours. The contact information for the regional
dockets is as follows:
     Holly Inglis, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA,
Superfund Records and Information Center, 5 Post Office Square, Suite
100, Boston, MA 02109-3912;<PHONE_NUMBER>.
     James Desir, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290
Broadway, New York, NY 10007-1866;<PHONE_NUMBER>.
     Lorie Baker, Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA,
4 Penn Center, 1600 John F. Kennedy Boulevard, Mail code 3SD12,
Philadelphia, PA 19103;<PHONE_NUMBER>.
     Sandra Bramble, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN),
U.S. EPA, 61 Forsyth Street SW, Mailcode 9T25, Atlanta, GA 30303; (404)
562-8926.
     Todd Quesada, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA
Superfund Division Librarian/SFD Records Manager SRC-7J, Metcalfe
Federal Building, 77 West Jackson Boulevard, Chicago, IL 60604; (312)
886-4465.
     Michelle Delgado-Brown, Region 6 (AR, LA, NM, OK, TX),
U.S. EPA, 1201 Elm Street, Suite 500, Mailcode SED, Dallas, TX 75270;
(214) 665-3154.
     Kumud Pyakuryal, Region 7 (IA, KS, MO, NE), U.S. EPA,
11201 Renner Blvd., Mailcode SUPRSTAR, Lenexa, KS 66219; (913) 551-
7956.
     David Fronczak, Region 8 (CO, MT, ND, SD, UT, WY), U.S.
EPA, 1595 Wynkoop Street, Mailcode 8SEM-EM-P, Denver, CO 80202-1129;
(303) 312-6096.
     Eugenia Chow, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S.
EPA, 75 Hawthorne Street, Mailcode SFD 6-1, San Francisco, CA 94105
(415) 972-3160.
     Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 288
Martin Street, Suite 309, Blaine, WA 98230;<PHONE_NUMBER>.
    You may also request copies from the EPA Headquarters or the
regional dockets. An informal request, rather than a formal written
request under the Freedom of Information Act, should be the ordinary
procedure for obtaining copies of any of these documents. Please note
that due to the difficulty of reproducing them, oversized maps may be
viewed only in-person. The EPA dockets are not equipped to copy and
mail out such maps, nor are they equipped to scan them for electronic
distribution.
    You may use the docket at https://www.regulations.gov to access
documents in the Headquarters docket. Please note that there are
differences between the Headquarters docket and the regional dockets,
and those differences are outlined in this preamble above.

E. How do I submit my comments?

    Follow the online instructions detailed above in the ADDRESSES
section for submitting comments. Once submitted, comments cannot be
edited or removed from the docket. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

F. What happens to my comments?

    The EPA considers all comments received during the comment period.
Significant comments are typically addressed in a support document that
the EPA will publish concurrently with the Federal Register document
if, and when, the site is listed on the NPL.

G. What should I consider when preparing my comments?

    Comments that include complex or voluminous reports, or materials
prepared for purposes other than HRS scoring, should point out the
specific information that the EPA should consider and how it affects
individual HRS factor values or other listing criteria (Northside
Sanitary Landfill v. Thomas, 849 F.2d 1516 (D.C. Cir. 1988)). The EPA
will not address voluminous comments that are not referenced to the HRS
or other listing criteria. The EPA will not address comments unless
they indicate which component of the HRS documentation record or what
particular point in the EPA's stated eligibility criteria is at issue.

H. May I submit comments after the public comment period is over?

    Generally, the EPA will not respond to late comments. The EPA can
guarantee only that it will consider those comments postmarked by the
close of the formal comment period. The EPA has a policy of generally
not delaying a final listing decision solely to accommodate
consideration of late comments.

I. May I view public comments submitted by others?

    During the comment period, comments are placed in the Headquarters
docket and are available to the public on an ``as received'' basis. A
complete set of comments will be available for viewing in the regional
dockets approximately one week after the formal comment period closes.
    All public comments, whether submitted electronically or in paper
form, will be made available for public viewing in the electronic
public docket at https://www.regulations.gov as the EPA receives them
and without change, unless the comment contains copyrighted material,
CBI or other information whose disclosure is restricted by statute.
Once in the public dockets system, select ``search,'' then key in the
appropriate docket ID number.

J. May I submit comments regarding sites not currently proposed to the
NPL?

    In certain instances, interested parties have written to the EPA
concerning sites that were not at that time proposed to the NPL. If
those sites are later proposed to the NPL, parties should review their
earlier concerns and, if still appropriate, resubmit those concerns for
consideration during the formal comment period. Site-specific
correspondence received prior to the period of formal proposal and
comment will not generally be included in the docket.

II. Background

A. What are CERCLA and SARA?

    In 1980, Congress enacted the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9601-9675 (``CERCLA'' or

``the Act''), in response to the dangers of uncontrolled releases or
threatened releases of hazardous substances, and releases or
substantial threats of releases into the environment of any pollutant
or contaminant that may present an imminent or substantial danger to
the public health or welfare. CERCLA was amended on October 17, 1986,
by the Superfund Amendments and Reauthorization Act (``SARA''), Public
Law 99-499, 100 Stat. 1613 et seq.

B. What is the NCP?

    To implement CERCLA, the EPA promulgated the revised National Oil
and Hazardous Substances Pollution Contingency Plan (``NCP''), 40 CFR
part 300, on July 16, 1982 (47 FR 31180), pursuant to CERCLA section
105 and Executive Order 12316 (46 FR 42237, August 20, 1981). The NCP
sets guidelines and procedures for responding to releases and
threatened releases of hazardous substances or releases or substantial
threats of releases into the environment of any pollutant or
contaminant that may present an imminent or substantial danger to the
public health or welfare. The EPA has revised the NCP on several
occasions. The most recent comprehensive revision was on March 8, 1990
(55 FR 8666).
    As required under section 105(a)(8)(A) of CERCLA, the NCP also
includes ``criteria for determining priorities among releases or
threatened releases throughout the United States for the purpose of
taking remedial action and, to the extent practicable taking into
account the potential urgency of such action, for the purpose of taking
removal action.'' ``Removal'' actions are defined broadly and include a
wide range of actions taken to study, clean up, prevent or otherwise
address releases and threatened releases of hazardous substances,
pollutants or contaminants (42 U.S.C. 9601(23)).

C. What is the National Priorities List (NPL)?

    The NPL is a list of national priorities among the known or
threatened releases of hazardous substances, pollutants or contaminants
throughout the United States. The list, which is appendix B of the NCP
(40 CFR part 300), was required under section 105(a)(8)(B) of CERCLA,
as amended. Section 105(a)(8)(B) defines the NPL as a list of
``releases'' and the highest priority ``facilities'' and requires that
the NPL be revised at least annually. The NPL is intended primarily to
guide the EPA in determining which sites warrant further investigation
to assess the nature and extent of public health and environmental
risks associated with a release of hazardous substances, pollutants or
contaminants. The NPL is only of limited significance, however, as it
does not assign liability to any party or to the owner of any specific
property. Also, placing a site on the NPL does not mean that any
remedial or removal action necessarily need be taken.
    For purposes of listing, the NPL includes two sections, one of
sites that are generally evaluated and cleaned up by the EPA (the
``General Superfund section''), and one of sites that are owned or
operated by other Federal agencies (the ``Federal Facilities
section''). With respect to sites in the Federal Facilities section,
these sites are generally being addressed by other Federal agencies.
Under Executive Order 12580 (52 FR 2923, January 29, 1987) and CERCLA
section 120, each Federal agency is responsible for carrying out most
response actions at facilities under its own jurisdiction, custody or
control, although the EPA is responsible for preparing a Hazard Ranking
System (``HRS'') score and determining whether the facility is placed
on the NPL.

D. How are sites listed on the NPL?

    There are three mechanisms for placing sites on the NPL for
possible remedial action (see 40 CFR 300.425(c) of the NCP): (1) A site
may be included on the NPL if it scores sufficiently high on the HRS,
which the EPA promulgated as appendix A of the NCP (40 CFR part 300).
The HRS serves as a screening tool to evaluate the relative potential
of uncontrolled hazardous substances, pollutants or contaminants to
pose a threat to human health or the environment. On December 14, 1990
(55 FR 51532), the EPA promulgated revisions to the HRS partly in
response to CERCLA section 105(c), added by SARA. On January 9, 2017
(82 FR 2760), a subsurface intrusion component was added to the HRS to
enable the EPA to consider human exposure to hazardous substances or
pollutants and contaminants that enter regularly occupied structures
through subsurface intrusion when evaluating sites for the NPL. The
current HRS evaluates four pathways: ground water, surface water, soil
exposure and subsurface intrusion, and air. As a matter of agency
policy, those sites that score 28.50 or greater on the HRS are eligible
for the NPL. (2) Pursuant to 42 U.S.C. 9605(a)(8)(B), each state may
designate a single site as its top priority to be listed on the NPL,
without any HRS score. This provision of CERCLA requires that, to the
extent practicable, the NPL include one facility designated by each
state as the greatest danger to public health, welfare or the
environment among known facilities in the state. This mechanism for
listing is set out in the NCP at 40 CFR 300.425(c)(2). (3) The third
mechanism for listing, included in the NCP at 40 CFR 300.425(c)(3),
allows certain sites to be listed without any HRS score, if all of the
following conditions are met:
     The Agency for Toxic Substances and Disease Registry
(ATSDR) of the U.S. Public Health Service has issued a health advisory
that recommends dissociation of individuals from the release.
     The EPA determines that the release poses a significant
threat to public health.
     The EPA anticipates that it will be more cost-effective to
use its remedial authority than to use its removal authority to respond
to the release.
    The EPA promulgated an original NPL of 406 sites on September 8,
1983 (48 FR 40658) and generally has updated it at least annually.

E. What happens to sites on the NPL?

    A site may undergo remedial action financed by the Trust Fund
established under CERCLA (commonly referred to as the ``Superfund'')
only after it is placed on the NPL, as provided in the NCP at 40 CFR
300.425(b)(1). (``Remedial actions'' are those ``consistent with
permanent remedy, taken instead of or in addition to removal actions. *
* *'' 42 U.S.C. 9601(24).) However, under 40 CFR 300.425(b)(2) placing
a site on the NPL ``does not imply that monies will be expended.'' The
EPA may pursue other appropriate authorities to respond to the
releases, including enforcement action under CERCLA and other laws.

F. Does the NPL define the boundaries of sites?

    The NPL does not describe releases in precise geographical terms;
it would be neither feasible nor consistent with the limited purpose of
the NPL (to identify releases that are priorities for further
evaluation), for it to do so. Indeed, the precise nature and extent of
the site are typically not known at the time of listing.
    Although a CERCLA ``facility'' is broadly defined to include any
area where a hazardous substance has ``come to be located'' (CERCLA
section 101(9)), the listing process itself is not intended to define
or reflect the boundaries of such facilities or releases. Of course,
HRS data (if the HRS is used to list a site) upon which the NPL
placement was based will, to some extent, describe the release(s) at
issue. That is, the NPL site would include all releases evaluated as
part of that HRS analysis.

    When a site is listed, the approach generally used to describe the
relevant release(s) is to delineate a geographical area (usually the
area within an installation or plant boundaries) and identify the site
by reference to that area. However, the NPL site is not necessarily
coextensive with the boundaries of the installation or plant, and the
boundaries of the installation or plant are not necessarily the
``boundaries'' of the site. Rather, the site consists of all
contaminated areas within the area used to identify the site, as well
as any other location where that contamination has come to be located,
or from where that contamination came.
    In other words, while geographic terms are often used to designate
the site (e.g., the ``Jones Co. Plant site'') in terms of the property
owned by a particular party, the site, properly understood, is not
limited to that property (e.g., it may extend beyond the property due
to contaminant migration), and conversely may not occupy the full
extent of the property (e.g., where there are uncontaminated parts of
the identified property, they may not be, strictly speaking, part of
the ``site''). The ``site'' is thus neither equal to, nor confined by,
the boundaries of any specific property that may give the site its
name, and the name itself should not be read to imply that this site is
coextensive with the entire area within the property boundary of the
installation or plant. In addition, the site name is merely used to
help identify the geographic location of the contamination; and is not
meant to constitute any determination of liability at a site. For
example, the name ``Jones Co. Plant site,'' does not imply that the
Jones Company is responsible for the contamination located on the plant
site.
    The EPA regulations provide that the remedial investigation
(``RI'') ``is a process undertaken . . . to determine the nature and
extent of the problem presented by the release'' as more information is
developed on site contamination, and which is generally performed in an
interactive fashion with the feasibility Study (``FS'') (40 CFR 300.5).
During the RI/FS process, the release may be found to be larger or
smaller than was originally thought, as more is learned about the
source(s) and the migration of the contamination. However, the HRS
inquiry focuses on an evaluation of the threat posed and therefore the
boundaries of the release need not be exactly defined. Moreover, it
generally is impossible to discover the full extent of where the
contamination ``has come to be located'' before all necessary studies
and remedial work are completed at a site. Indeed, the known boundaries
of the contamination can be expected to change over time. Thus, in most
cases, it may be impossible to describe the boundaries of a release
with absolute certainty.
    Further, as noted previously, NPL listing does not assign liability
to any party or to the owner of any specific property. Thus, if a party
does not believe it is liable for releases on discrete parcels of
property, it can submit supporting information to the agency at any
time after it receives notice it is a potentially responsible party.
    For these reasons, the NPL need not be amended as further research
reveals more information about the location of the contamination or
release.

G. How are sites removed from the NPL?

    The EPA may delete sites from the NPL where no further response is
appropriate under Superfund, as explained in the NCP at 40 CFR
300.425(e). This section also provides that the EPA shall consult with
states on proposed deletions and shall consider whether any of the
following criteria have been met:
    (i) Responsible parties or other persons have implemented all
appropriate response actions required;
    (ii) All appropriate Superfund-financed response has been
implemented and no further response action is required; or
    (iii) The remedial investigation has shown the release poses no
significant threat to public health or the environment and taking of
remedial measures is not appropriate.

H. May the EPA delete portions of sites from the NPL as they are
cleaned up?

    In November 1995, the EPA initiated a policy to delete portions of
NPL sites where cleanup is complete (60 FR 55465, November 1, 1995).
Total site cleanup may take many years, while portions of the site may
have been cleaned up and made available for productive use.

I. What is the Construction Completion List (CCL)?

    The EPA also has developed an NPL construction completion list
(``CCL'') to simplify its system of categorizing sites and to better
communicate the successful completion of cleanup activities (58 FR
12142, March 2, 1993). Inclusion of a site on the CCL has no legal
significance.
    Sites qualify for the CCL when: (1) Any necessary physical
construction is complete, whether or not final cleanup levels or other
requirements have been achieved; (2) the EPA has determined that the
response action should be limited to measures that do not involve
construction (e.g., institutional controls); or (3) the site qualifies
for deletion from the NPL. For more information on the CCL, see the
EPA's internet site at https://www.epa.gov/superfund/construction-completions-national-priorities-list-npl-sites-number.

J. What is the Sitewide Ready for Anticipated Use measure?

    The Sitewide Ready for Anticipated Use measure (formerly called
Sitewide Ready-for-Reuse) represents important Superfund
accomplishments and the measure reflects the high priority the EPA
places on considering anticipated future land use as part of the remedy
selection process. See Guidance for Implementing the Sitewide Ready-
for-Reuse Measure, May 24, 2006, Office of Solid Waste and Emergency
Response (OSWER) 9365.0-36. This measure applies to final and deleted
sites where construction is complete, all cleanup goals have been
achieved, and all institutional or other controls are in place. The EPA
has been successful on many occasions in carrying out remedial actions
that ensure protectiveness of human health and the environment for
current and future land uses, in a manner that allows contaminated
properties to be restored to environmental and economic vitality. For
further information, please go to https://www.epa.gov/superfund/about-superfund-cleanup-process#reuse.

K. What is state/tribal correspondence concerning NPL listing?

    In order to maintain close coordination with states and tribes in
the NPL listing decision process, the EPA's policy is to determine the
position of the states and tribes regarding sites that the EPA is
considering for listing. This consultation process is outlined in two
memoranda that can be found at the following website: https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.
    The EPA has improved the transparency of the process by which state
and tribal input is solicited. The EPA is using the Web and where
appropriate more structured state and tribal correspondence that (1)
explains the concerns at the site and the EPA's rationale for
proceeding; (2) requests an explanation of how the state intends to
address the site if placement on the NPL is not favored; and (3)
emphasizes the transparent nature of the process by informing states
that information on their responses will be publicly available.

    A model letter and correspondence between the EPA and states and
tribes where applicable, is available on the EPA's website at https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.

III. Contents of This Proposed Rule

A. Proposed Additions to the NPL

    In this proposed rule, the EPA is proposing to add two sites to the
NPL, both to the General Superfund section. Both sites in this rule are
being proposed for NPL addition based on an HRS score of 28.50 or
above.
    The sites are presented in the tables below.

                        General Superfund Section
------------------------------------------------------------------------
             State                     Site name           City/county
------------------------------------------------------------------------
DE............................  East Basin Road         New Castle.
                                 Groundwater.
NE............................  PCE--Carriage Cleaners  Bellevue.
------------------------------------------------------------------------

B. Withdrawal of Previous Proposal for NPL Addition

    The EPA is withdrawing its previous proposal to add the East Tenth
Street site in Marcus Hook, Pennsylvania, to the NPL because the
Pennsylvania Department of Environmental Protection (PADEP) has, and
will continue to, ensure all appropriate investigations and cleanup
actions are performed pursuant to its state cleanup authority. Cleanup
activities continue to be successfully implemented by the responsible
party, pursuant to the 2003 Consent Order and Agreement between the
responsible party and the state. Cleanup activities, including the
partial abatement of asbestos in several buildings, removal of
antiquated transformers, construction of fences around contaminated
lots, and the removal of PCB-contaminated cements, have reduced the
risk of exposure to site contaminants. In April 2022, PADEP approved a
plan for additional cleanup activities to address PCB-contaminated soil
that will be protective of human health and the environment. The rule
proposing to add this site to the NPL can be found at 59 FR 2568
(January 18, 1994). Refer to the Docket ID number EPA-HQ-SFUND-1994-
0002 for supporting documentation regarding this action.

IV. Statutory and Executive Order Reviews

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

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

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

B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This rule does not contain any information collection
requirements that require approval of the OMB.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This rule
listing sites on the NPL does not impose any obligations on any group,
including small entities. This rule also does not establish standards
or requirements that any small entity must meet and imposes no direct
costs on any small entity. Whether an entity, small or otherwise, is
liable for response costs for a release of hazardous substances depends
on whether that entity is liable under CERCLA 107(a). Any such
liability exists regardless of whether the site is listed on the NPL
through this rulemaking.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local, or tribal governments or the private sector. Listing a
site on the NPL does not itself impose any costs. Listing does not mean
that the EPA necessarily will undertake remedial action. Nor does
listing require any action by a private party, state, local, or tribal
governments or determine liability for response costs. Costs that arise
out of site responses result from future site-specific decisions
regarding what actions to take, not directly from the act of placing a
site on the NPL.

F. Executive Order 13132: Federalism

    This rule does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. Listing a site on the NPL does not impose any
costs on a tribe or require a tribe to take remedial action. Thus,
Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because this action itself is procedural in
nature (adds sites to a list) and does not, in and of itself, provide
protection from environmental health and safety risks. Separate future
regulatory actions are required for mitigation of environmental health
and safety risks.

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

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

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations because it does not affect the level of
protection provided to human health or the environment. As discussed in
Section I.C. of the preamble to this action, the NPL is a list of
national priorities. The NPL is intended primarily to guide the EPA in
determining which sites warrant further investigation to assess the
nature and extent of public health and environmental risks associated
with a release of hazardous substances, pollutants or need
contaminants. The NPL is of only limited significance as it does not
assign liability to any party. Also, placing a site on the NPL does not
mean that any remedial or removal action necessarily be taken.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.

    Date: August 29, 2022.
Barry Breen,
Acting Assistant Administrator, Office of Land and Emergency
Management.

    For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 300 as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR,
1987 Comp., p. 193.

0
2. In appendix B of part 300 amend Table 1 by adding entries for ``DE,
East Basin Road Groundwater'' and ``NE, PCE--Carriage Cleaners'' in
alphabetical order by state to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
             State                      Site name                 City/County                 Notes (a)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
DE............................  East Basin Road            New Castle..............  ...........................
                                 Groundwater.

                                                  * * * * * * *
NE............................  PCE--Carriage Cleaners...  Bellevue................  ...........................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\(a)\ A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored,
  HRS score need not be greater than or equal to 28.50).

* * * * *
[FR Doc. 2022-19149 Filed 9-8-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Notices]
[Pages 14702-14705]
[FR Doc No: 2011-6172]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64075; File No. SR-Phlx-2011-28]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by NASDAQ OMX PHLX LLC To Expand the Number of Components in the
PHLX Oil Service Sector\SM\ Known as OSX \SM\, on Which Options Are
Listed and Traded

March 11, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on March 2, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing with the Commission a proposal to expand the
number of components in the PHLX Oil Service Sector\SM\ (the ``Index''
or ``OSX\SM\''), on which options are listed and traded, and the Index
weighting methodology [sic].\3\ No other changes are made to the Index
or the options thereon.
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    \3\ PHLX Oil Service Sector\SM\ may also be known as PHLX Oil
Service Sector\SM\ Index or PHLX Oil Service Index.
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/Filings/, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of the proposal is to expand to thirty the number of
components in the PHLX Oil Service Sector\SM\ or OSX\SM\, on which
options are listed and traded, and change the Index weighting
methodology to modified capitalization-weighted.\4\ No other changes
are made to the Index or the options thereon.
---------------------------------------------------------------------------

    \4\ The Exchange notes that changing the weighting of the Index
from price-weighting to modified capitalization-weighting does not
by itself require a rule filing proposal because both weighting
methodologies are acceptable per the current generic index listing
standards found in Rule 1009A(b)(2). The weighting change is
included in this proposal only in conjunction with increasing the
number of Index components by more than the amount indicated in Rule
1009A(c)(2), which requires a rule filing proposal.
---------------------------------------------------------------------------

    OSX\SM\ options subsequent to this proposal will be identical to
OSX\SM\ options that are currently listed and trading except for the
number of components in and the weighting methodology of the underlying
Index; and will trade pursuant to similar contract specifications
(updated regarding components and weighting methodology).\5\ The only
post-proposal difference in OSX\SM\ options is that they will overly
[sic] an Index with thirty components (the current Index has fifteen
components) that will be modified capitalization-weighted (the current
Index is price-weighted).
---------------------------------------------------------------------------

    \5\ The contract specifications for OSX\SM\ options are
available at https://www.nasdaqtrader.com/micro.aspx?id=phlxsectorscontractspecs.
---------------------------------------------------------------------------

Background
    The Exchange currently has initial listing and maintenance listing
standards for options on indexes in Rule 1009A that are designed to
allow the Exchange to list options on narrow-based indexes \6\ and
broad based indexes\7\ pursuant to generic listing standards (the
``Index Listing Standards'').\8\ The PHLX Oil Service

Sector\SM\ is a narrow-based index and OSX\SM\ options overlying the
Index are listed and traded pursuant to Rule 1009A(b). OSX\SM\ options
were originally listed and began trading in 1997 pursuant to Exchange
approval.\9\
---------------------------------------------------------------------------

    \6\ A narrow-based index or industry index is defined as: An
index designed to be representative of a particular industry or a
group of related industries. The term ``narrow-based index''
includes indices the constituents of which are all headquartered
within a single country. Rule 1000A(b)(12).
    \7\ A broad-based index or market index is defined as: An index
designed to be representative of a stock market as a whole or of a
range of companies in unrelated industries. Rule 1000A(b)(11).
    \8\ Rule 1009A establishes generic listing standards for options
on narrow-based and broad-based indexes pursuant to Rule 19b-4(e) of
the Act. See Securities Exchange Act Release No. 40761 (December 8,
1998), 63 FR 70952 (December 22, 1998). The listing standards in
Rule 1009A are similar to those of other options exchanges such as,
for example, Chicago Board Options Exchange, Incorporated;
International Stock Exchange LLC; and The NASDAQ Stock Market LLC.
    \9\ See Securities Exchange Act Release No. 38207 (January 27,
1997), 62 FR 5268 (February 4, 1997) (SR-Phlx-97-02) (notice of
filing and immediate effectiveness of proposal to list and trade
OSX\SM\ options on the Index). On October 21, 2008, in that OSX\SM\
options met the generic Index Listing Standards per Rule 1009A, the
Exchange filed Form 19b-4(e) regarding such options.
---------------------------------------------------------------------------

    The PHLX Oil Service Sector\SM\ is a price-weighted index composed
of fifteen companies that provide oil drilling and production services,
oil field equipment, support services and geophysical/reservoir
services. The Index provides exposure to the dynamic oil industry. The
Index is one of several narrow-based sector indexes on which options
are listed and traded on the Exchange.\10\ When investors want
information and investment opportunities specific to the oil industry
they very often turn to the Index and the OSX\SM\ options traded
thereon.\11\ The Index has served as an important market indicator and
OSX\SM\ options a viable trading and investing vehicle in respect of
the oil services sector [sic].\12\ Recognizing the market-leading
aspects of the Index, the Exchange is proposing a rule change to
increase to thirty the number of components in the Index \13\ so that
OSX\SM\ options may be listed and traded on this premiere index that
even more effectively reflects the oil services sector.
---------------------------------------------------------------------------

    \10\ Other sector indexes on which options are listed and traded
on the Exchange include: KBW Bank Index\SM\ (BKX\SM\); PHLX Gold/
Silver Sector\SM\ (XAU\SM\); PHLX Housing Sector\SM\ (HGX\SM\); PHLX
Utility Sector\SM\ (UTY\SM\); SIG Energy MLP Index\SM\ (SVO\TM\);
SIG Oil Exploration & Production Index\TM\ (EPX\SM\); PHLX
Semiconductor Sector\SM\ (SOX\SM\); and NASDAQ Internet Index\SM\
(QNET\SM\).
    \11\ Other currently available investment products that evaluate
the oil industry, albeit differently from OSX\SM\, include the Oil
Services HOLDRs ETF (OIH), iShares Dow Jones U.S. Oil Equipment &
Services Index Fund (IEZ), SPDR S&P Oil & Gas Equip & Services ETF
(XES), and PowerShares Dynamic Oil Services Portfolio (PX).
    \12\ During 2010, OSX\SM\ has traded an average of 22,774
contracts per month and has traded as much as 3,826 contracts in a
day (February 5, 2010). As of December 31, 2010, there were 11,228
contracts of open interest in OSX\SM\.
    \13\ A listing of the component securities in the Index is
available at https://indexes.nasdaqomx.com/weighting.aspx?IndexSymbol=OSX&menuIndex=0 .
---------------------------------------------------------------------------

    The Exchange submits that in the proposed expanded form OSX\SM\
would continue to meet the relevant generic Index Listing Standards of
Rule 1009A for listing options. Specifically, all the index maintenance
requirements in subsection (c) of Rule 1009A applicable to options on
narrow-based indexes would be met with one exception.\14\ The singular
exception is the number of components.\15\ In particular, subsection
(c)(2) of Rule 1009 [sic] indicates that the total number of component
securities in the index may not increase or decrease by more than 33\1/
3\% from the total number of securities in the index at the time of its
initial listing; adding components to equal thirty is outside the
(c)(2) parameter, and is the reason why the Exchange is making the
current filing.
---------------------------------------------------------------------------

    \14\ The maintenance provisions in subsection (c) of Rule 1009A
state, in part, as applicable to OSX\SM\:
    (1) The conditions stated in subparagraphs (b)(1), (3), (6),
(7), (8), (9), (10), (11) and (12), must continue to be satisfied,
provided that the conditions stated in subparagraph (b)(6) must be
satisfied only as to the first day of January and July in each year;
(2) The total number of component securities in the index may not
increase or decrease by more than 33\1/3\% from the number of
component securities in the index at the time of its initial
listing, and in no event may be less than nine component securities;
(3) Trading volume of each component security in the index must be
at least 500,000 shares for each of the last six months, except that
for each of the lowest weighted component securities in the index
that in the aggregate account for no more than 10% of the weight of
the index, trading volume must be at least 400,000 shares for each
of the last six months; (4) In a capitalization-weighted index, the
lesser of the five highest weighted component securities in the
index or the highest weighted component securities in the index that
in the aggregate represent at least 30% of the total number of
stocks in the index each have had an average monthly trading volume
of at least 1,000,000 shares over the past six months.
    \15\ See supra note 4. While the Exchange will change the
weighting of the Index from price-weighting to modified
capitalization-weighting, both weighting methodologies are
acceptable per the current Index Listing Standards. Rule
1009A(b)(2).
---------------------------------------------------------------------------

Index Design and Index Composition
    Currently, the Index is calculated using a price-weighted index
methodology. The value of the Index equals the aggregate value of the
Index share weights, also known as the Index Shares, of each of the
Index Securities, which is fixed at 10,000,000 multiplied by each such
security's Last Sale Price,\16\ and divided by the divisor of the
Index. The divisor serves the purpose of scaling such aggregate value
to a lower order of magnitude which is more desirable for Index
reporting purposes. If trading in an Index security is halted on its
primary listing market, the most recent Last Sale Price for that
security is used for all index computations until trading on such
market resumes. Likewise, the most recent Last Sale Price is used if
trading in a security is halted on its primary listing market before
the market is open. The Index is ordinarily calculated without regard
to cash dividends on Index securities.
---------------------------------------------------------------------------

    \16\ For purposes of this document, Last Sale Price refers to
the following: For a security listed on NASDAQ, it is the last sale
price on NASDAQ, which normally would be the NASDAQ Official Closing
Price (NOCP) when NASDAQ is closed. For any NYSE-listed or NYSE AMEX
listed security, it is the last regular way trade reported on such
security's primary U.S. listing market. If a security does not trade
on its primary listing market on a given day, the most recent last
sale price from the primary listing market (adjusted for corporate
actions, if any) is used.
---------------------------------------------------------------------------

    The modified capitalization-weighted methodology is expected to
retain, in general, the economic attributes of capitalization
weighting, while providing enhanced diversification. To accomplish
this, NASDAQ OMX, which maintains the Index, rebalances the Index
quarterly and adjusts the weighting of Index components.
    Index eligibility is limited to specific security types only. The
security types eligible for the Index include foreign or domestic
common stocks, ordinary shares, American Depository Receipts
(``ADRs''), shares of beneficial interest or limited partnership
interests, and tracking stocks. Security types not included in the
Index are closed-end funds, convertible debentures, exchange traded
funds, preferred stocks, rights, warrants, units and other derivative
securities.
    As of December 31, 2010, the following were characteristics of the
Index using a modified capitalization-weighting methodology:

--The total weighted capitalization of all components of the Index was
$365.08 billion;
--Regarding component capitalization, (a) the highest weighted
capitalization of a component was $113.93 billion (Schlumberger N.V.),
(b) the lowest weighted capitalization of a component was $0.80 billion
(Global Industries, Ltd.), (c) the mean capitalization of the
components was $12.17 billion, and (d) the median capitalization of the
components was $4.77 billion;
--Regarding component price per share, (a) the highest price per share
of a component was $103.54 (Carbo Ceramics, Inc.), (b) the lowest price
per share of a component was $6.93 (Global Industries, Ltd.), (c) the
mean price per share of the components was $49.47, and (d) the median
price per share of the components was $47.92;
--Regarding component weightings, (a) the highest weighting of a
component was 8% (Schlumberger N.V., Halliburton Company, National

Oilwell Varco, Inc., Baker Hughes Incorporated, Transocean Ltd
(Switzerland)), (b) the lowest weighting of a component was 0.43%
(Global Industries, Ltd.), (c) the mean weighting of the components was
3.33%, (d) the median weighting of the components was 2.60%, and (e)
the total weighting of the top five highest weighted components was 40%
(Schlumberger N.V., Halliburton Company, National Oilwell Varco, Inc.,
Baker Hughes Incorporated, Transocean Ltd (Switzerland));
--Regarding component shares, (a) the most available shares of a
component was 1.36 billion shares (Schlumberger N.V.), (b) the least
available shares of a component was 0.02 billion shares (Carbo
Ceramics, Inc.), (c) the mean available shares of the components was
0.24 billion shares, and (d) the median available shares of the
components was 0.13 billion shares;
--Regarding the six-month average daily volumes (``ADVs'') of the
components, (a) The highest six-month ADV of a component was 14.61
million shares (Halliburton Company), (b) the lowest six-month ADV of a
component was 0.22 million shares (Bristow Group Inc.), (c) the mean
six-month ADV of the components was 3.05 million shares, (d) the median
six-month ADVs of the components was 1.40 million shares, (e) the
average of six-month ADVs of the five most heavily traded components
was 9.70 million shares (Halliburton Company, Weatherford
International, Ltd (Switzerland), Schlumberger N.V., Transocean Ltd
(Switzerland), Nabors Industries, Inc. New), and (f) 100% of the
components had a six-month ADV of at least 200,000; and
--Regarding option eligibility, (a) 100.00% of the components were
options eligible, as measured by weighting, and (b) 100.00% of the
components were options eligible, as measured by number.
Index Calculation and Index Maintenance
    The Index is maintained by NASDAQ OMX and index levels are
calculated continuously, using the Last Sale Price for each component
stock in the Index. Index values are publicly disseminated at least
every fifteen seconds throughout the trading day through a major market
data vendor, namely NASDAQ OMX's index dissemination service. The
Exchange expects that such dissemination will continue through one or
more (NASDAQ OMX-owned or unrelated) major market data vendors.\17\
---------------------------------------------------------------------------

    \17\ Rule 1009A(b)(12) states that should an underlying index be
maintained by a broker-dealer, however, the index must be calculated
by a third party who is not a broker-dealer, and the broker-dealer
will have to erect a ``Chinese Wall'' around its personnel who have
access to information concerning changes in and adjustments to the
index.
---------------------------------------------------------------------------

    Appurtenant to review of the Index for purposes of rebalancing,
component securities are evaluated by NASDAQ OMX. In the event that an
Index component security no longer meets the requirements for continued
security eligibility, it will be replaced with a security that is not
currently in the Index that meets all of the initial security
eligibility criteria and additional criteria which follow. Securities
eligible for inclusion will be ranked ascending by market value,
current price and percentage price change over the previous six months.
The security with the highest overall ranking will be added to the
Index provided that the Index then meets the following criteria: No
single Index security is greater than 30% of the weight of the Index
and the top five Index securities are not greater than 55% of the
weight of the Index; and non-U.S. component securities that are not
subject to comprehensive surveillance agreements do not in the
aggregate represent more than 15% of the weight of the Index.\18\ In
the event that the highest-ranking security does not permit the Index
to meet the above criteria, the next highest-ranking security will be
selected and the Index criteria will again be applied to determine
eligibility. The process will continue until a qualifying replacement
security is selected.\19\ Component changes will be publicly announced.
---------------------------------------------------------------------------

    \18\ See Rule 1009A(b).
    \19\ Moreover, changes in the price of an index security driven
by corporate events such as stock dividends, stock splits, certain
spin-offs, and rights issuances will be adjusted on the ex-date.
    In the case of a special cash dividend, a determination will be
made on an individual basis whether to make a change to the price of
an index security in accordance with its Index dividend policy. If
it is determined that a change will be made, it will become
effective on the ex-date and advance notification will be made.
Ordinarily, whenever there is a change in the price of an index
security due to stock dividends, stock splits, spin-offs, rights
issuances, or special cash dividends, the divisor is adjusted to
ensure that there is no discontinuity in the value of the Index,
which might otherwise be caused by any such change.
    If the change in total shares outstanding arising from other
corporate actions is greater than or equal to 10%, the change is
made as soon as practicable. Otherwise, if the change in total
shares outstanding is less than 10%, then all such changes are
accumulated and made effective at one time on a quarterly basis
after the close of trading on the third Friday in each of March,
June, September and December. The Index Shares are derived from the
security's total shares outstanding. Intra-quarter, the Index Shares
are adjusted by the same percentage amount as the amount that the
total shares outstanding have changed.
---------------------------------------------------------------------------

    In the event a class of index options listed on the Exchange fails
to satisfy the maintenance listing standards, the Exchange shall not
open for trading any additional series of options of that class unless
such failure is determined by the Exchange not to be significant and
the Commission concurs in that determination, or unless the continued
listing of that class of index options has been approved by the
Commission under Section 19(b)(2) of the Act.\20\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Exchange represents that, if the Index ceases to be maintained
or calculated, or if the Index values are not disseminated at least
every fifteen seconds by a widely available source, the Exchange will
promptly notify the Division of Trading and Markets of the Commission,
and the Exchange will not list any additional series for trading and
will limit all transactions in such options to closing transactions
only for the purpose of maintaining a fair and orderly market and
protecting investors.
Contract Specifications
    The contract specifications for the proposed expanded Index options
(updated regarding components and weighting methodology) are, as
previously noted, identical to the current narrow-based Index options
that are currently listed and traded on the Exchange.\21\ Options on
the Index are European-style and A.M. cash-settled. The Exchange's
trading hours for index options (9:30 a.m. to 4 p.m. ET), will apply to
options on OSXSM.\22\ Exchange rules that are applicable to
the trading of options on indexes will continue to apply to the trading
of options on OSXSM.\23\
---------------------------------------------------------------------------

    \21\ See supra note 5.
    \22\ See Rule 101.
    \23\ For trading rules applicable to trading index options, see
Rules 1000A et seq. For trading rules applicable to trading options
generally, see Rules 1000 et seq.
---------------------------------------------------------------------------

    The strike price intervals for OSXSM options contracts
will remain the same as those currently in use: $1 or greater.\24\ The
minimum increment size for series trading below $3 will remain $0.05,
and for series trading at or above $3 will remain $0.10.\25\ The
Exchange's margin rules will be applicable.\26\ The Exchange will
continue to list options on OSXSM

in up to three months from the March, June, September, December cycle
plus two additional near-term months (that is, as many as five months
at all times).\27\ The trading of OSXSM options will
continue to be subject to the same rules that govern the trading of all
of the Exchange's index options, including sales practice rules, margin
requirements, and trading rules.
---------------------------------------------------------------------------

    \24\ See Commentary .03 to Phlx Rule 1101A. Rule 1101A generally
indicates that strike price intervals for index options may be
$5.00, $2.50 and $1.00.
    \25\ See Phlx Rule 1034(a). However, the rule indicates that
certain products (e.g. IWM options and Alpha Index options) may
trade at $0.01 minimum increments.
    \26\ See Phlx Rule 721 et seq.
    \27\ See Phlx Rule 1101A(b).
---------------------------------------------------------------------------

Surveillance and Capacity
    The Exchange represents that it has an adequate surveillance
program in place for options traded on the Index and intends to apply
those same program procedures that it applies to the Exchange's current
OSXSM options and other index options. Additionally, the
Exchange is a member of the Intermarket Surveillance Group (``ISG'')
under the Intermarket Surveillance Group Agreement, dated June 20,
1994. ISG members generally work together to coordinate surveillance
and investigative information sharing in the stock and options markets.
In addition, the major futures exchanges are affiliated members of the
ISG, which allows for the sharing of surveillance information for
potential intermarket trading abuses.\28\
---------------------------------------------------------------------------

    \28\ A list of the current members and affiliate members of ISG
can be found at https://www.isgportal.org/isgPortal/public/members.htm.
---------------------------------------------------------------------------

    The Exchange represents that it has the necessary systems capacity
to continue to support listing and trading OSXSM options.

2. Statutory Basis

    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \29\ in general, and furthers the objectives of Section
6(b)(5) of the Act \30\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanisms of
a free and open market and a national market system. The Exchange
believes that the proposal to expand the OSXSM index will
allow the Exchange to continue listing and trading options on this
premiere index that even more effectively reflects [sic] the oil
services sector.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78f(b).
    \30\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-28 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Phlx-2011-28. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and copying in
the Commission's Public Reference Room. Copies of the filing also will
be available for inspection and copying at the principal office of the
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-Phlx-2011-28 and
should be submitted on or before April 7, 2011.
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    \31\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-6172 Filed 3-16-11; 8:45 am]
BILLING CODE 8011-01-P