[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40276-40278]
[FR Doc No: 2018-17584]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA CERCLA Docket No. V-W-18-C-012; FRL-9982-26-Region 5]

Proposed CERCLA/RCRA/TSCA Administrative Settlement Agreement and
Covenant Not To Sue; MSC Land Company, LLC, and Crown Enterprises,
Inc.; Former McLouth Steel Facility, Trenton and Riverview, Michigan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement and request for public
comments.

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SUMMARY: The Environmental Protection Agency (EPA) hereby gives notice
of a proposed Administrative Settlement Agreement and Covenant Not to
Sue (Settlement) pertaining to a 183-acre portion of the former McLouth
Steel

facility in Trenton and Riverview, Michigan. EPA also announces a
public meeting regarding the Settlement and invites public comment on
the Settlement for thirty (30) days following publication of this
notice. The Settlement requires MSC Land Company, LLC (``MSC'') to do
specified work, meet a demolition requirement that includes demolition
of approximately 45 buildings and structures located within the
property, and comply with specified property requirements. Satisfying
the work and demolition requirements, and complying with the property
requirements safeguards human health and the environment by reducing
the risk of exposure to certain hazardous wastes and substances.

DATES: Comments must be post marked or received on or before September
13, 2018.

ADDRESSES: The proposed settlement agreement and related site documents
can be viewed at the Superfund Records Center, (SRC-7J), United States
Environmental Protection Agency, Region 5, 77 W Jackson Blvd., Chicago,
IL 60604,<PHONE_NUMBER> and on-line at www.epa.gov/superfund/mclouth-steel.

FOR FURTHER INFORMATION CONTACT: Further information or a copy of the
Settlement may be obtained from either Steven P. Kaiser, Office of
Regional Counsel (C-14J), U.S. Environmental Protection Agency, Region
5, 77 W Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER> or
[email protected] or Community Involvement Coordinator Kirstin
Safakas, Superfund Division (SI-6J), U.S. Environmental Protection
Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois 60604,
(312) 886-6015 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background Information

    In accordance with Section 122(i) of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended
(``CERCLA''), 42 U.S.C. 9622(i) and Section 7003(d) of the Resource
Conservation and Recovery Act, 42 U.S.C. 6973(d), notice is hereby
given of a proposed Settlement pertaining to the former McLouth Steel
facility in Trenton and Riverview, Michigan with the following settling
parties: MSC and Crown Enterprises, Inc. The Settlement requires MSC to
perform certain work, meet demolition requirements, and comply with
specified property requirements. MSC will also fence and otherwise
secure the approximately 183-acre site to prevent direct contact with
contaminants and keep out trespassers. Prior to commencement of the
work or actions in furtherance of the demolition requirement, MSC will
prepare a Traffic Management Plan in consultation with EPA, MDEQ and
the Cities of Trenton and Riverview. The work required by MSC includes
the removal of contaminated water and sludges from 23 specified
subsurface structures; cleaning or removal of the subsurface
structures; and filling the subsurface structures with clean fill
materials. These actions will reduce migration of contaminants to
ground and surface waters. MSC will investigate five areas where PCBs
may have been released. If PCBs are found above action levels, MSC will
implement defined interim measures to prevent direct contact with PCB-
contaminated areas pending further action by either EPA or MSC. MSC
will assess options for storm water management to eliminate sheet flow
to the Trenton Channel of the Detroit River and summarize its
assessment in a stormwater management report that it will submit to EPA
and the State. MSC will remain subject to provisions of the Clean Water
Act, including requirements to obtain any permits that may be necessary
for discharges to waters of the United States. Finally, MSC will
demolish to grade approximately 45 buildings and structures including
an approximately 1.5 million square foot building along Jefferson
Avenue. During demolition, MSC will remove and dispose of all asbestos
containing materials encountered in the structures; remove and dispose
of all PCB-waste material encountered in the structures; and remove and
dispose of all drummed or containerized solid or hazardous wastes in
the structures in accordance with State and federal regulations. These
actions will also reduce the threat of exposure to hazardous wastes and
substances by removing these wastes and substances from the property.
Throughout this work, MSC will maintain dust controls to minimize the
creation and migration of airborne contaminants.
    The Settlement includes an EPA covenant not to sue the settling
parties pursuant to either Sections 106 and 107 of CERCLA, 42 U.S.C.
9606 and 9607; Section 3008(h) 7003 of the Resource Conservation and
Recovery Act (``RCRA''), 42 U.S.C. 6928(h) and 6973; and Sections 7 and
17 of TSCA, 15 U.S.C. Section 2606 and 2616. The Settlement also
includes covenants not to sue by the State of Michigan.

II. Opportunity To Comment

A. General Information

    EPA intends to hold a public meeting regarding the Settlement in
the affected area, in accordance with Section 7003(d) of the Resource
Conservation and Recovery Act, 42 U.S.C. 6973(d). The meeting will be
held at the Saint Paul Lutheran Church, Reception Hall, 2550 Edsel
Drive, Trenton, Michigan, starting at 6:00 p.m. on Wednesday, September
5, 2018. Representatives of the EPA and MDEQ will attend the public
meeting to provide information and answer questions about the
Settlement. Formal comments relating to the Settlement will be accepted
in oral and written form at the public meeting.
    For thirty (30) days following the date of publication of this
notice, the Agency will receive written comments relating to the
Settlement. The Agency will consider all comments received, and may
modify or withdraw its consent to the Settlement if comments received
disclose facts or considerations which indicate that the Settlement is
inappropriate, improper, or inadequate.

B. Where do I send my comments or view responses?

    Your comments should be mailed to Kirstin Safakas, Superfund
Division (SI-6J), U.S. Environmental Protection Agency, Region 5, 77 W
Jackson Boulevard, Chicago, Illinois 60604, or [email protected].
The Agency's response to any comments received will be available for
public inspection at the Superfund Records Center.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not
submit such information to EPA through an agency website or via email.
Clearly mark the part or all the information that you claim to be CBI.
For CBI information in a disk or CD ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:

     Identify the rulemaking by docket number and other
identifying information (site name, Federal Register date and page
number).
     Follow directions--the agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree with the terms of the
Settlement; suggest alternatives and substitute language for your
requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the identified
comment period deadline.

    Dated: August 3, 2018.
Joan Tanaka,
Acting Director, Superfund Division.
[FR Doc. 2018-17584 Filed 8-13-18; 8:45 am]
 BILLING CODE 6560-50-P


Xiong, Y., and S. Kim. 2011. Experimental Investigation of Absence or Presence of Colloids of Magnesium Chloride Hydroxide Hydate (Phase 5) in the WIPP Generic Weep Brine (GWB) Under the WIPP Relevant Conditions at Sandia Nation Laboratories Carlsbad Facility. Task <IP_ADDRESS>, Rev. 0. Sandia National Laboratories, Carlsbad, New Mexico.
Xiong, Y. and A.S. Lord. 2008. Experimental investigations of the reation path in the MgO-CO2-H2O system in solutions with various ionic strengths, and their applications to nuclear waste isolation. Applied Geochemistry 23:1634-1659.
Xiong, Y., and A.C. Snider. 2003. Carbonation Rates of the Magnesium Oxide Hydration Product Brucite in Various Solutions. Sandia National Laboratories Technical Baseline Reports, WBS <IP_ADDRESS>, Repository Investigations, Milestone RI 03-210, January 31, 2003. Sandia National Laboratories, Carlsbad, New Mexico, ERMS 526049, pp. 4.3-1 to 4.3-11.
Xiong, Y.-L., L.H. Brush, J.W. Garner, and J.J. Long. 2010b. Responses to Three EPA Comments Pertaining to Comparisons of Measured and Predicted Dissolved and Colloidal Th(IV) and Am(III) Concentrations, Revision 1. Supersedes ERMS 553409. Analysis report, May 19, 2010. ERMS 553595. Carlsbad, NM: Sandia National Laboratories.
Xiong, Y., E.J. Nowak, and L.H. Brush. 2004. Updated Uncertainty Analysis of Actinide Solubilities for the Response to EPA Comment C-23-16. Sandia National Laboratories, Carlsbad, New Mexico, ERMS 538219.
Xiong, Y., E.J. Nowak, and L.H. Brush. 2005. Updated Uncertainty Analysis of Actinide Solubilities for the Response to EPA Comment C-23-16, Rev. 1 (Supersedes ERMS 538219). Sandia National Laboratories, Carlsbad, New Mexico, ERMS 539595.
Xiong, Y. L.H., Brush, A. Ismail, and J.J. Long. 2009a. Uncertainty Analysis of Actinide Solubilities for the WIPP CRA-2009 PABC. Sandia National Laboratories, Carlsbad, New Mexico, ERMS 552500.
Xiong, Y., H. Deng, M.B. Nemer and S. Johnsen. 2009b. Thermodynamic Data for Phase 5 (Mg3Cl(OH)5::4H2O) Determined from Solubility Experiments. Memorandum to L.H. Brush, May 8, 2009, Sandia National Laboratories, Carlsbad, New Mexico, ERMS 551706.
Xiong, Y., H. Deng, M. Nemer and S. Johnsen. 2010a. Experimental determination of the solubility constant for magnesium chloride hydroxide hydrate (Mg3Cl(OH)5::4H2O, Phase 5) at room temperature, and its Importance to nuclear waste isolation in geological repositories in salt formations. Geochimica et Cosmochimica Acta 74:4605-4611.Xiong, Y., L.H. Brush, J. W. Garner and J.J. Long. 2010b. Response to Three EPA Comments Pertaining to Comparisons of Measured and Predicted Dissolved and Colloidal Th(IV) and Am(III) Concentrations. Revision 1. (Supersedes ERMS 553409.) Sandia National Laboratories, Carlsbad, New Mexico, ERMS 553595.
Xiong, Y., L. Kirkes, T. Westfall and R. Roselle. 2013a. Experimental determination of solubilities of lead oxalate (PbC2O4(cr)) in a NaCl medium to high ionic strengths, and the importance of lead oxalate in low temperature environments. Chemical Geology 342:128-137.
Xiong, Y., L. Kirkes and T. Westfall. 2013b. Experimental determination of solubilities of sodium tetraborate (borax) in NaCl and a thermodynamic model for the Na-B(OH)3-Cl-SO4 system to high-ionic-strengths at 25ºC. American Mineralogist 98:2030-2036.

Yamazaki, H., B. Lagerman, V. Symeopoulos, and G.R. Choppin. 1992. Solubility of Uranyl in Brine. Proceedings of the Third International High Level Radioactive Waste Management Conference, Las Vegas, Nevada, American Nuclear Society, La Grange Park, and American Society of Engineers, New York, pp. 1607 - 1611.
Zeitler, T.R. 2013. Analysis Package for CCDFGF: 2014 Compliance Recertification Application Performance Assessment (CRA-2014 PA). Sandia National Laboratories, Carlsbad New Mexico, ERMS 560074.
Zeitler, T.R. and B. Day. 2016. CRA14_SEN4 Sensitivity Study Revision 1. Sandia National Laboratories, Carlsbad, New Mexico, ERMS 567505.
Zeitler, T.R. and C. Hansen. 2015a. Cumulative Distribution for STEEL:CORRMCO2. Sandia National Laboratories, ERMS 565005.
Zeitler, T. R. and C. Hansen. 2015b. Cumulative Distribution for STEEL:HUMMCORR. Sandia National Laboratories, ERMS 565009.
Zeitler, T.R. and R. Sarathi. 2017. Comparison of STEPWISE Regressiona Analysis Results for CRA14_SEN4 and CRA-2014 Analyses. Sandia National Laboratories, ERMS 567718.
Zhang, P.C., H.L. Anderson, J.W. Kelly, J.L. Krumhansl and H. W. Papenguth. 2000. Kinetics and Mechanisms of Formation of Magnesite from Hydromagnesite in Brine. Sandia National Laboratories, Carlsbad, New Mexico, SAND99-1946J.

Zhang, P., J. Hardesty, and H. Papenguth. 2001. MgO Hydration Experiments Conducted at SNL-ABQ. Sandia National Laboratories Technical Baseline Reports, WBS <IP_ADDRESS>, Compliance Monitoring; WBS <IP_ADDRESS>, Repository Investigations, Milestone RI010, January 31, 2001. Sandia National Laboratories, Carlsbad, New Mexico, ERMS 516749, pp. 55-65.


[Federal Register: September 25, 2007 (Volume 72, Number 185)]
[Notices]
[Page 54506-54508]
[DOCID:fr25se07-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56454; File No. SR-Phlx-2007-43]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval of a Proposed
Rule Change, as Modified by Amendment No. 1 Thereto, Relating to
Elimination of Calculation Methodology From Generic Listing Standards

September 18, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 15, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by Phlx. On
September 6, 2007, the Exchange submitted Amendment No. 1 to the
proposed rule change. This order provides notice of the proposed rule
change, as modified by Amendment No. 1, and approves the proposed rule
change as amended on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Phlx proposes to amend its existing Rule 803 (Criteria for
Listing--Tier I) to eliminate the requirement that indexes underlying
certain Trust Shares and Index Fund Shares (collectively, ``ETFs'' or
``Exchange Traded Funds'') \3\ are calculated following a specific
methodology.
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    \3\ See definitions of Trust Shares and Index Fund Shares in
Phlx Rules 803(i) and 803(l), respectively.
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    The text of the proposed rule change is available at Phlx, the
Commission's Public Reference Room, and http://www.phlx.com.

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

    In its filing with the Commission, Phlx 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 III below. Phlx 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 proposed rule change is to amend Phlx Rule 803
(Criteria for Listing--Tier I) regarding Phlx's generic listing
standards pursuant to Rule 19b-4(e) under the Act (``Rule 19b-4(e)'')
\4\ for ETFs to eliminate the requirement that an underlying index be
calculated following one of five specified methodologies.
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    \4\ 17 CFR 240.19b-4(e).
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    The Exchange currently has generic listing standards which permit
the listing and trading of various ETFs subject to the procedures
contained in Rule 19b-4(e) (without the need to file a rule change for
each security). By amending its generic listing standards, the Exchange
intends to reduce the time frame for listing ETFs based on indexes that
utilize methodologies not currently identified in the generic listing
standards and thereby reduce the burdens on issuers and other market
participants.
    The generic listing standards for ETFs presently provide that their
underlying indexes be calculated based on the market capitalization,
modified market capitalization, price, equal-dollar, or modified equal-
dollar weighting methodology.\5\ The proposed rule change would
eliminate this standard and, as a result, the Exchange would no longer
consider index methodology in its review of an ETF's eligibility for
listing and trading pursuant to Rule 19b-4(e).
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    \5\ See Phlx Rule 803(i)(11)(d) and (l)(6)(D) regarding Trust
Shares and Index Fund Shares, respectively.
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    The Exchange notes that, as the market for Trust Shares and Index
Fund Shares in particular and exchange traded funds in general has
grown and the relevant product lines have matured, there has been an
increase in the number of methodologies used to calculate the
underlying indexes. To accommodate this development, the Exchange
proposes to eliminate any calculation methodology for the underlying
index from generic listing standards, as has been done by other
exchanges, including the American Stock Exchange LLC (``Amex'').\6\
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    \6\ See Securities Exchange Act Release No. 55544 (March 27,
2007), 72 FR 15923 (April 3, 2007) (SR-Amex-2007-07) (order
approving the elimination from the Amex's generic listing standards
for portfolio depositary receipts of the requirement that an
eligible index be calculated and weighted following a specified
methodology).

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    The Exchange believes that the proposed elimination of any index
methodology from its generic listing standards for ETFs would
potentially reduce the time frame for bringing products based on
indexes with nontraditional weighting techniques to the market, thereby
reducing the burdens on issuers and other market participants and
promoting competition. The Exchange notes that the indexes underlying
ETFs would continue to be subject to the other requirements of the
generic listing standards pursuant to Rule 19b-4(e). For example, the
generic listing standards for Trust Shares will continue to require,
without limitation: that the most heavily weighted component stock of
an index not exceed 25% of the weight of the index where the index is
comprised solely of Non-U.S. Component Stocks or of both U.S. Component
Stocks and Non-U.S. Component Stocks (``Combination Stocks'') or 30%
where the index is comprised solely of U.S. Component Stocks; \7\ that
the five most heavily weighted component stocks of an index not exceed
60% of the weight of the index where the index is comprised solely of
Non-U.S. Component Stocks or of Combination Stocks or 65% of the weight
of the index where the index is comprised solely of U.S. Component
Stocks; and that an index include a minimum of 20 component stocks
where the index is comprised solely of Non-U.S. Component Stocks or of
Combination Stocks or 13 component stocks where the index is comprised
solely of U.S. Component Stocks.\8\ The generic listing standards for
Index Fund Shares will continue to have similar requirements that are
dependent on whether the index is comprised of U.S. Component Stocks,
Non-U.S. Component Stocks, or Combination Stocks.\9\ The Exchange
believes that such requirements will ensure that the indexes are
sufficiently diversified, and that their components are sufficiently
liquid to underlie the ETFs.
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    \7\ A U.S. Component Stock is an equity security that is
registered under Sections 12(b) or 12(g) of the Act or an American
Depository Receipt (ADR) the underlying equity security of which is
registered under Sections 12(b) or 12(g) of the Act. A Non-U.S.
Component Stock is an equity security that is not registered under
Sections 12(b) or 12(g) of the Act and that is issued by an entity
that (a) is not organized, domiciled or incorporated in the United
States, and (b) is an operating company (including real estate
investment trusts (REITs) and income trusts, but excluding
investment trusts, unit trusts, mutual funds, and derivatives). See
Phlx Rules 803(i)(1) and 803(l)(2).
    \8\ See Phlx Rule 803(i)(11)(a) and (b).
    \9\ See Phlx Rule 803(l)(6)(A) and (B).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of section 6 of the Act,\10\ in general, and with
section 6(b)(5) of the Act,\11\ in particular, in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to remove impediments to a free
and open market and a national market system, and, in general, to
protect investors and the public interest.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

III. 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-2007-43 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2007-43. 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of Phlx. 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-2007-43 and should be
submitted on or before October 16, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange \12\ and, in particular, the requirements of section 6 of the
Act.\13\ Specifically, the Commission finds that the proposed rule
change is consistent with section 6(b)(5) of the Act,\14\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
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    \12\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(5).
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    As the market for ETFs has grown, the variety of weighting and
calculation methodologies for underlying indexes has also expanded,
limiting the applicability of Phlx's current generic ETF listing
standards. The Commission believes that the proposed elimination of
index methodology from its generic listing standards for ETFs would
potentially reduce the time frame for bringing ETFs based on indexes
with nontraditional weighting techniques to

the market, thereby reducing the burdens on issuers and other market
participants and promoting competition, without compromising investor
protection.
    The Commission notes that Phlx's generic listing standards for
Trust Shares and Index Fund Shares based on domestic indexes or
portfolios will continue to require, without limitation, that the most
heavily weighted component stock of an index not exceed 30% of the
weight of the index, the five most heavily weighted component stocks of
an index not exceed 65% of the weight of the index, and that an index
include a minimum of 13 component stocks.\15\ Therefore, the Commission
believes that indexes underlying ETFs will continue to be sufficiently
broad-based in scope to minimize potential manipulation.
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    \15\ See Phlx Rules 803(i)(11)(a) and 803(l)(6)(A).In addition,
on July 11, 2007, the Commission approved generic listing standards
for ETFs based on international or global indexes. See Securities
Exchange Act Release No. 56049 (July 11, 2007), 72 FR 39121 (July
17, 2007) (SR-Phlx-2007-20). These newly adopted generic listing
standards require, without limitation, that the most heavily
weighted component stock of an index not exceed 25% of the weight of
the index, the five most heavily weighted component stocks of an
index not exceed 60% of the weight of the index, and that an index
include a minimum of 20 component stocks.
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Acceleration

    The Commission finds good cause for approving the proposed rule
change, as amended, prior to the 30th day after the date of publication
of the notice of filing thereof in the Federal Register. The Commission
notes that Phlx's proposal is substantially similar to a proposed rule
change of another exchange recently approved by the Commission.\16\
Phlx's proposal does not raise any novel regulatory issues and,
therefore, the Commission believes that good cause exists for approving
the filing in an expedited basis.
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    \16\ See supra note 6.
---------------------------------------------------------------------------

    Therefore, the Commission finds good cause, consistent with section
19(b)(2) of the Act,\17\ to approve the proposed rule change as amended
on an accelerated basis.
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    \17\ 15 U.S.C. 78s(b)(2).
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V. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\18\ that the proposed rule change (SR-Phlx-2007-43), as modified
by Amendment No. 1, be, and it hereby is, approved on an accelerated
basis.
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    \18\ Id.
    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\19\
Florence E. Harmon,
Deputy Secretary.9
 [FR Doc. E7-18821 Filed 9-24-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Notices]
[Pages 36607-36608]
[FR Doc No: 2020-13036]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002; Internal Agency Docket No. FEMA-B-2037]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before September 15, 2020.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2037, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
            Stark County, North Dakota and Incorporated Areas
         Project: 15-08-0156S Preliminary Date: January 30, 2020
------------------------------------------------------------------------
City of Belfield.......................  City Hall, 208 Main Street
                                          North, Belfield, ND 58622.

City of Dickinson......................  City Hall, 99 2nd Street East,
                                          Dickinson, ND 58601.
City of South Heart....................  City Hall, 103 6th Street
                                          Northwest, South Heart, ND
                                          58655.
Unincorporated Areas of Stark County...  Stark County Courthouse, 51 3rd
                                          Street East, Dickinson, ND
                                          58601.
------------------------------------------------------------------------

[FR Doc. 2020-13036 Filed 6-16-20; 8:45 am]
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[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Rules and Regulations]
[Pages 55553-55554]
[FR Doc No: 2023-17511]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0583; Airspace Docket No. 22-ACE-20]
RIN 2120-AA66

Modification of Class E Airspace; Alliance Municipal Airport,
Alliance, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface to adequately contain all instrument flight
rule (IFR) procedures at Alliance Municipal Airport, NE. This action
supports the safety and management of IFR operations at the airport.

DATES: Effective date 0901 UTC, October 5, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority

described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies Class E airspace to supports the safety and
management of IFR operations at Alliance Municipal Airport.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2023-0583 in the Federal Register (88 FR 22385, April 13, 2023),
proposing to modify Class E airspace at Alliance Municipal Airport,
Alliance, NE. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.

Incorporation by Reference

    Class E5 airspace area is published in paragraph 6005 of FAA Order
JO 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022 and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by modifying Class E airspace
beginning at 700 feet above the surface at Alliance Municipal Airport,
NE. Class E airspace beginning at 700 feet above the surface is
expanded to a 7.6-mile radius to fully contain arriving IFR aircraft
operating below 1,500 feet above the surface.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

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

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

Sec.  71.1  [Amended]

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

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above.

* * * * *

ACE NE E5 Alliance, NE [Amended]

Alliance Municipal Airport, NE
    (Lat. 42[deg]03'12'' N, long. 102[deg]48'14'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.6-mile radius of the airport.
* * * * *

    Issued in Des Moines, Washington, on August 3, 2023.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2023-17511 Filed 8-15-23; 8:45 am]
BILLING CODE 4910-13-P