[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36916-36918]
[FR Doc No: 2015-15927]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0505]
RIN 1625-AA00

Safety Zone; Ohio River Between Mile 603.4 and 605.4; Louisville,
KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Ohio River between mile 603.4 and 605.4. This
temporary safety zone is needed to protect persons, property, and
infrastructure from potential damage and safety hazards associated with
maintenance work on the Louisville and Indiana Railroad Bridge (L&I RR
Bridge). Deviation from the safety zone is prohibited unless
specifically authorized by the Captain of the Port (COTP) Ohio Valley
or a designated representative.

DATES: This rule is effective without actual notice from June 29, 2015
until July 7, 2015. For purposes of enforcement, actual notice will be
used from June 9, 2015 until June 29, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0505]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer James C. Robinson, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
F. Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. On June 9, June 10, June 16, June 17, June
23, 2015 and July 7, 2015, maintenance on the L&I RR Bridge will take
place. The Coast Guard determined that immediate action is necessary to
establish a temporary safety zone to protect life and property from the
hazards associated with and resulting from maintenance being performed
on the L&I RR Bridge.
    This safety zone may include closures and/or navigation
restrictions and requirements that are vital to maintaining safe
navigation on the Ohio River during maintenance operations on the L&I
RR Bridge. Therefore, delaying the effective date for this emergency
safety zone to complete the NPRM process would be contrary to the
public interest as it would delay the safety measures vital to safe
navigation. Broadcast Notices to Mariners (BNM) and information sharing
with the waterway users will update mariners of the restrictions,
requirements, and enforcement times during this emergency situation.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this emergency rule effective
less than 30 days after publication in the Federal Register. Providing
30 days notice would be contrary to public interest because immediate
action is needed to protect life and property from the hazards
associated with and resulting from maintenance on the L&I RR Bridge.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define safety
zones.
    The purpose of this temporary safety zone is to protect life and
property from the hazards associated with and resulting from the
maintenance on the L&I RR Bridge. The maintenance on the L&I RR Bridge
poses significant safety hazards to vessels and mariners operating in
the area. Establishing the safety zone to extend from mile 603.4 to
mile 605.4 on the Ohio River is necessary for the Coast Guard to
maintain navigational safety.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary safety zone for all
vessel traffic on the Ohio River between mile 603.4 and mile 605.4,
extending the entire width of the Ohio River. Maintenance on the bridge
is expected to occur from 7:00 a.m. to 1:00 p.m. on 6/9/2015, 7:00 a.m.
to 1:00 p.m. on 6/10/2015, 7:00 a.m. to 1:00 p.m. on 6/16/2015, 7:00
a.m. to 1:00 p.m. on 6/17/2015, 7:00 a.m. to 1:00 p.m. on 6/23/2015,
and 7:00 a.m. to 10:00 p.m. on 7/07/2015, unless it is completed
earlier. The COTP, or a designated representative will provide
information as to when the safety zone if effective, based on
information received for when the maintenance is taking place.
Deviation from this temporary safety zone is prohibited unless
specifically authorized by the COTP Ohio Valley, or a designated
representative. Deviation requests will be considered and reviewed on a
case-by-case basis. The COTP Ohio Valley may be contacted by telephone
at 1-502-779-5424 or can be reached by VHF-FM channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule establishes a
temporary safety zone for vessels on all waters of the Ohio River from
mile 603.4 to mile 605.4. Notifications of enforcement times will be

communicated to the marine community via BNM and through local notice
to mariners (LNM). The impacts on navigation will be limited to
ensuring the safety of mariners and vessels associated with hazards
associated with the maintenance on the L&I RR Bridge.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the Ohio River, from 7:00 a.m. to 1:00 p.m. on 6/09/2015, 7:00 a.m. to
1:00 p.m. on 6/10/2015, 7:00 a.m. to 1:00 p.m. on 6/16/2015, 7:00 a.m.
to 1:00 p.m. on 6/17/2015, 7:00 a.m. to 1:00 p.m. on 6/23/2015, and
7:00 a.m. to 10:00 p.m. on 7/07/2015 or until maintenance on the L&I RR
Bridge is complete, whichever occurs earlier. This temporary safety
zone will not have a significant economic impact on a substantial
number of small entities because maintenance work is only expected to
be done during certain hours. Requests to deviate from the rule will be
considered on a case-by-case basis. Notifications to the marine
community will be made through BNM, LNM, and communications with local
waterway users. Notices of changes to the safety zone and effective
times will also be made.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist and a categorical exclusion
determination will be made available as indicated under the ADDRESSES
section. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping

requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. A new temporary Sec.  165.T08-0505 is added to read as follows:

Sec.  165.T08-0505  Safety Zone; Ohio River between mile 603.4 and
605.4, Louisville, KY.

    (a) Location. The following area is a safety zone: All waters of
the Ohio River between mile 603.4 and mile 605.4, Louisville, KY,
extending the entire width of the Ohio River.
    (b) Effective dates. This safety zone is effective and enforceable
with actual notice from June 9, 2015 to July 7, 2015 or until
maintenance on the L&I RR Bridge is complete, whichever occurs earlier.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port (COTP) Ohio Valley or a designated
representative.
    (2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the COTP Ohio Valley or a
designated representative. They may be contacted on VHF-FM channel 16
or by telephone at 1-502-5424.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP Ohio Valley or designated
representative.
    (d) Informational broadcasts. The COTP Ohio Valley or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the emergency safety zone as
well as any changes in the dates and times of enforcement.

    Dated: June 8, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-15927 Filed 6-26-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: May 11, 2010 (Volume 75, Number 90)]
[Proposed Rules]
[Page 26148-26149]
[DOCID:fr11my10-24]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0429; Airspace Docket No. 10-ASO-24]

Establishment of Class E Airspace; Homestead, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E Airspace at
Homestead, FL, to accommodate the additional airspace needed for the
Standard Instrument Approach Procedures (SIAPs) developed for Homestead
General Aviation Airport. This action enhances the safety and airspace
management of Instrument Flight Rules (IFR) operations at the airport.

DATES: 0901 UTC. Comments must be received on or before June 25, 2010.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2010-0429; Airspace Docket No. 10-ASO-24, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2010-0429; Airspace Docket No. 10-ASO-24) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2010-0429; Airspace Docket No. 10-ASO-24.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airports_airtraffic/air_traffic/
publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An
informal docket may also be examined during normal business hours at
the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
to request a copy of Advisory circular No. 11-2A, Notice of Proposed
Rulemaking distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class E airspace at
Homestead, FL to provide controlled airspace required to support the
SIAPs for Homestead General Aviation Airport. Class E airspace
extending upward from 700 feet above the surface would be established
for the safety and management of IFR operations.
    Class E airspace designations are published in Paragraph 6005 of
FAA order 7400.9T, signed August 27, 2009, and effective September 15,
2009, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    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 proposed rulemaking is promulgated under the authority
described in subtitle VII, part, A, subpart I, section 40103. Under
that section, the FAA is charged with prescribing regulations to assign
the use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This proposed regulation is within the scope
of that authority as it would establish Class E airspace Homestead
General Aviation Airport, Homestead, FL.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (AIR).

The Proposed Amendment:

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

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, effective September 15, 2009,
is amended as follows:

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

* * * * *

ASO FL E5 Homestead, FL [NEW]

Homestead General Aviation Airport, FL
    (Lat. 25[deg]29'57'' N., long. 80[deg]33'15'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Homestead General Aviation Airport.

    Issued in College Park, Georgia, on May 3, 2010.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2010-11224 Filed 5-10-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77859-77861]
[FR Doc No: 2011-31968]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65906; File No. SR-NYSEArca-2011-92]

 Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Equities Schedule of Fees and Charges for Exchange Services

December 7, 2011.
    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 December 1, 2011, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``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.
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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

    The Exchange proposes to amend the NYSE Arca Equities Schedule of
Fees and Charges for Exchange Services (``Fee Schedule''). The text of
the proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and http://www.nyse.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, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule, as described
below, and implement the fee changes on December 1, 2011.
Auctions
Opening and Market Order Auctions--Securities $1.00 and Greater
    The Fee Schedule currently provides that a fee of $0.0005 per share
is charged for orders executed in the Opening or Market Order
Auction.\3\ The order types that may execute in the Opening or Market
Order Auction are Limit Orders, Market Orders and Auction-Only Orders,
which are Limit and Market Orders that are only to be executed within
an Auction.\4\ The Exchange currently charges the $0.0005 fee for an
Auction-Only Order but not a Limit or Market Order executed in the
Opening or Market Order Auction. The Exchange proposes to amend the Fee
Schedule to provide that during an Opening or Market Order Auction, the
$0.0005 per share fee will apply to executions of Auction-Only Orders
and Market Orders. Limit Order executions in the Opening or Market
Order Auction will continue to be free.\5\
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    \3\ This fee is currently referenced within the Tier 1, Tier 2
and Basic Rates sections of the Fee Schedule and will be amended, as
discussed herein, in each instance. Auctions are described under
NYSE Arca Equities Rule 7.35.
    \4\ See NYSE Arca Equities Rule 7.31(t). An Auction-Only order
is executable during the next auction following entry of the order.
If the Auction-Only Order is not executed in the auction, the
balance is cancelled. Auction-Only orders are only available for
auctions that take place on the Exchange and are not routed to other
exchanges.
    \5\ The Exchange also proposes to remove the text from Footnote
2 of the Fee Schedule that provides that transaction fees do not
apply to orders executed in the Opening Auction and Market Order
Auction. This text inadvertently was not removed in 2010 when the
Exchange implemented the $0.0005 fee for orders executed in the
Opening or Market Order Auction. See Securities Exchange Act Release
No. 63056 (October 6, 2010), 75 FR 63233 (October 14, 2010) (SR-
NYSEArca-2010-87).
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Trading Halt Auction--Securities $1.00 and Greater
    The Exchange does not currently charge a fee for executions of
orders in Trading Halt Auctions.\6\ The Exchange proposes to amend the
Fee Schedule to provide that during a Trading Halt Auction, a $0.0005
per share fee will apply to the execution of Auction-Only Orders and
Market Orders. Limit Order executions in the Trading Halt Auction will
continue to be free.
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    \6\ As noted above for Opening and Market Order Auctions, the
order types that may execute in a Trading Halt Auction are Limit
Orders, Market Orders and Auction-Only Orders.
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Closing Auction--Securities $1.00 and Greater
    The Fee Schedule currently provides that a fee of $0.0010 per share
is charged for Market-On-Close (``MOC'') and Limit-On-Close (``LOC'')
\7\ Orders executed in the Closing Auction.\8\ The Exchange also
currently charges this $0.0010 fee for Auction-Only Orders that are
executed in the Closing Auction, which are effectively equivalent to a
MOC Order or LOC Order, but does not charge for Market Orders or Limit
Orders that are executed in the Closing Auction. The Exchange proposes
to amend the Fee Schedule to provide that, in addition to MOC and LOC
Orders, Auction-Only and Market Orders that are executed in the Closing
Auction will be charged the $0.0010 fee. Limit Order executions in the
Closing Auction will continue to be free.
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    \7\ See NYSE Arca Equities Rule 7.31(dd) and (ee). MOC Orders
are Market Orders and LOC Orders are Limit Orders that are to be
executed only during the Closing Auction, except that the Exchange
rejects MOC and LOC Orders in securities for which the Exchange is
not the primary market or when the auction is suspended pursuant to
NYSE Arca Equities Rule 7.35(g).
    \8\ The Closing Auction MOC and LOC fees are currently
referenced within the Tier 1, Tier 2 and Basic Rates sections of the
Fee Schedule and will be amended, as discussed herein, in each
instance. However, the Exchange notes that when it implemented the
Closing Auction MOC and LOC fee in October 2009, it stated that the
fee would apply for all pricing levels, including tiered and basic
rate pricing, but inadvertently did not reflect this particular fee
for Tape A securities in the Basic Rates section of the Fee
Schedule. See Securities Exchange Act Release No. 60834 (October 16,
2009), 74 FR 54612 (October 22, 2009) (SR-NYSEArca-2009-88). The
Exchange notes that Closing Auctions in Tape A securities are rarely
conducted on the Exchange, if at all, but instead are conducted on
the primary market for the particular security. The proposed rule
change will correct this inadvertent omission and ensure that the
Fee Schedule will provide for the appropriate fee if a Closing
Auction is conducted on the Exchange in a Tape A security.
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All Auctions--Securities Less Than $1.00
    The Fee Schedule does not currently provide for a fee for
executions during auctions on the Exchange in securities priced below
$1.00.\9\ The Exchange proposes to amend the Fee Schedule to reflect
that a fee of 0.1% of the total dollar value of the order will be
charged for round lot and odd lot executions of securities priced below
$1.00 that take place during an Opening, Market Order, Trading Halt or
Closing Auction. The

proposed fee of 0.1% would be consistent with the fee that is currently
charged for round lot and odd lot executions of securities priced below
$1.00 that take place outside of an auction.
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    \9\ In limited circumstances the Exchange inadvertently has
charged for executions during auctions on the Exchange in securities
priced below $1.00, but has since rebated ETP Holders for any such
charges.
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    Additionally, the text of Footnote 3 of the Fee Schedule states
that rebates will not be paid for executions in securities priced under
$1.00. The Exchange believes that this text is more appropriate within
Footnote 5 of the Fee Schedule because it would be located closer to
the section of the Fee Schedule describing fees for securities priced
below $1.00 per share. Accordingly, the Exchange proposes to re-locate
this text from Footnote 3 to Footnote 5 and reflect Footnote 3 as
``Reserved'' for possible use at a later time.
Primary Sweep Orders
    The Fee Schedule currently provides for a fee of $0.0021 per share
for Primary Sweep Orders (``PSOs'') \10\ in Tape A securities that are
routed outside the Book to the New York Stock Exchange (``NYSE''). The
Exchange proposes to amend the Fee Schedule to reflect that the $0.0021
per share fee will only be applicable to PSOs that remove liquidity
from the NYSE and that a PSO that provides liquidity to the NYSE will
not be charged a fee or provided a credit.\11\
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    \10\ See NYSE Arca Equities Rule 7.31(kk). A PSO is a Primary
Only (``PO'') Order that initially sweeps the Exchange's Book before
being routed to the security's primary market.
    \11\ In limited circumstances where a PSO in a Tape A security
is routed to the NYSE and provides liquidity to the NYSE, the
Exchange has provided the ETP Holder that submitted the PSO with a
credit of $0.0015, which corresponds to the credit applicable on the
NYSE.
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    The Exchange proposes to implement all of the changes discussed
herein on December 1, 2011.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\12\ in general, and Section 6(b)(4) of the Act,\13\ in
particular, because it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. Specifically, the
Exchange believes that the proposed rule change will add greater
specificity to the Fee Schedule for securities priced at $1.00 or more
by identifying the particular types of orders that will be charged a
fee during auctions and those that will not be charged a fee. This will
include fees applicable to executions during Trading Halt Auctions,
which are similar in process and function to Opening and Market Order
Auctions. The Exchange believes that it is appropriate to exclude Limit
Orders from such fees because Limit Orders that are available to
execute at any time during the trading day contribute valuable price
discovery information to the market for securities priced at $1.00 and
above, which are more actively traded, and as such the Exchange wishes
to encourage the submission of such Limit Orders, which will benefit
all market participants.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that it is equitable and reasonable to charge
the same round and odd lot execution fees for securities priced below
$1.00, whether inside or outside the auction. Because such securities
are more thinly traded, the Exchange does not believe that differential
pricing for Limit Orders would have a significant impact on the number
of such orders submitted, and as such proposes to charge all orders the
same fees.
    The Exchange believes that it is equitable and reasonable to impose
the $0.0021 per share fee for PSOs that remove liquidity from the NYSE
and to not charge a fee or provide a credit to PSOs that provides
liquidity because PSOs are designed to remove liquidity and are not
designed to provide liquidity.\14\ An ETP Holder that intends to
provide liquidity in a Tape A security should instead utilize the PO+
order type, which receives a credit of $0.0015 per share when providing
liquidity to the NYSE.\15\
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    \14\ See Securities Exchange Act Release No. 55896 (June 11,
2007), 72 FR 33795 (June 19, 2007) (SR-NYSEArca-2007-50).
    \15\ See NYSE Arca Equities Rule 7.31(x)(3). A PO+ Order is a PO
Order entered for participation in the primary market, other than
for participation in the primary market opening or primary market
re-opening.
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    The proposed rule change will also remove obsolete text that does
not belong in the Fee Schedule and move certain text to a more
appropriate location.

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

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

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \16\ of the Act and subparagraph (f)(2) of Rule
19b-4 \17\ thereunder, because it establishes a due, fee, or other
charge imposed by the NYSE Arca.
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2011-92 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-NYSEArca-2011-92. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule

change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. 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-NYSEArca-2011-92 and should be submitted on or before
January 4, 2012.
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    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-31968 Filed 12-13-11; 8:45 am]
BILLING CODE 8011-01-P