[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36391-36393]
[FR Doc No: 2015-15451]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75243; File No. SR-BATS-2015-45]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

June 18, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 9, 2015, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend its fees and rebates
applicable to Members \5\ of the Exchange pursuant to Rule 15.1(a) and
(c) (``Fee Schedule'') to adopt fees applicable to Members of the
Exchange's equity options platform (``BATS Options'') for the use of a
communication and routing service known as BATS Connect. Changes to the
fee schedule pursuant to this proposal are effective upon filing.
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    \5\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 parts of such
statements.

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

1. Purpose
    The Exchange proposes to adopt fees applicable to Members of BATS
Options for the use of a communication and routing service known as
BATS Connect.
    On May 26 [sic], 2015, the Exchange filed a proposed rule change
with the Commission to adopt a communication and routing service known
as BATS Connect.\6\ The Exchange now proposes to adopt fees related to
the use of BATS Connect that are equal to the fees charged for an
identical service, also called BATS Connect, offered by the Exchange's
affiliate, EDGX.\7\ The Exchange notes that BATS Connect will be
offered by all of the Exchange's affiliated equity exchanges but that
the fees are also appropriately set forth on the fee schedule of BATS
Options because BATS Connect will be offered to all Exchange Members,
including Members that participate primarily or exclusively on BATS
Options.
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    \6\ See file no. SR-BATS-2015-40.
    \7\ See the EDGX fee schedule available at http://batstrading.com/support/fee_schedule/edgx/. See also Securities
Exchange Act Release No. 73780 (December 8, 2014), 79 FR 73942
(December 12, 2014) (SR-EDGX-2014-28) and file no. SR-EDGX-2015-27.
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    BATS Connect is offered by the Exchange on a voluntary basis in a
capacity similar to a vendor. In sum, BATS Connect is a communication
service that provides subscribers an additional means to receive market
data from and route orders to any destination connected to the
Exchange's network. BATS Connect does not provide any advantage to
subscribers for connecting to the Exchange's affiliates \8\ as compared
to other method of connectivity available to subscribers. The servers
of the subscriber need not be located in the same facilities as the
Exchange in order to subscribe to BATS Connect. Subscribers may also
seek to utilize BATS Connect in the event of a market disruption where
other alternative connection methods become unavailable.
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    \8\ The Exchange's affiliated exchanges are EDGX, EDGA Exchange,
Inc. (``EDGA''), and BATS Y-Exchange, Inc. (``BYX''). The Exchange
understands that its affiliated exchanges intend to file identical
proposed rule changes to adopt the fees for the BATS Connect service
with the Commission. The Exchange also notes that its affiliated
exchanges have also filed proposed rule changes with the Commission
to adopt rules describing the BATS Connect service.
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    The Exchange will charge a monthly connectivity fee to subscribers
utilizing BATS Connect to route orders to other exchanges and broker-
dealers that are connected to the Exchange's network. The amount of the
connectivity fee varies based solely on the bandwidth selected by the
subscriber. Specifically, the Exchange proposes to charge $350 for 1
Mb, $700 for 5 Mb, $950 for 10 Mb, $1,500 for 25 Mb, $2,500 for 50 Mb,
and $3,500 for 100 Mb.
    BATS Connect would also allow subscribers to receive market data
feeds from the exchanges connected to the Exchange's network. In such
case, the subscriber would pay the Exchange a connectivity fee, which
varies and is based solely on the amount of bandwidth required to
transmit the selected data product to the subscriber. The proposed
connectivity fees are set forth in the Exhibit 5 attached hereto and
range from no charge to $11,500 based on the market data product the
subscriber selects.
    The Exchange also proposes to adopt a discounted fee of $4,160 per
month for subscribers who purchase connectivity to a bundle of select
market data products. The following market data

products would be included in the bundle: UQDF/UTDF/OMDF, CQS/CTS,
Nasdaq TotalView, Nasdaq BX TotalView, Nasdaq PSX TotalView, NYSE
ArcaBook, NYSE MKT OpenBook Ultra, and BBS/TTDS. Absent the discount, a
subscriber purchasing connectivity through BATS Connect for each of
these market data products would pay a total monthly fee of $5,200. As
proposed, a subscriber who purchases connectivity to each of the above
market data products would be charged a monthly fee of $4,160, which
represents a 20% discount. The subscribers would pay any fees charged
by the exchange providing the market data feed directly to that
exchange.
    The Exchange notes that it will not charge a fee to subscribers
utilizing BATS Connect to route orders to or receive market data
products from the Exchange's affiliates, EDGX, EDGA, and BYX. BATS
Connect provides subscribers a means to access exchanges and market
centers on the Exchange's network. In all cases, BATS Connect
subscribers would continue to be liable for the necessary fees charged
by that exchange or market center, including any required connectivity
fees. Market participants who chose a method other than BATS Connect to
connect to another exchange or market center would also pay any
required connectivity fees directly to that exchange or market center.
Likewise, BATS Connect subscribers would be liable for any connectivity
fees charged by the Exchange's affiliate.
Implementation Date
    The Exchange proposes to implement these amendments to its Fee
Schedule immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\9\ in general, and
furthers the objectives of Section 6(b)(4),\10\ in particular, as 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. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive. The Exchange believes that the proposed rates
are equitable and non-discriminatory in that they apply uniformly to
all Members.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
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    The Exchange also believes that its proposal is consistent with
Section 6(b)(4) of the Act,\11\ in that it provides for the equitable
allocation of reasonable dues, fees and other charges among members and
other persons using its facilities. First, the Exchange will charge a
connectivity fee to subscribers utilizing BATS Connect to route orders
to other exchanges and market centers that are connected to the
Exchange's network, which varies based solely on the amount of
bandwidth selected by the subscriber. The amounts of the connectivity
fees are also reasonable as compared to similar fees charged by other
exchanges. For purposes of order routing, the Exchange proposes to
charge $350 for 1 Mb, $700 for 5 Mb, $950 for 10 Mb, $1,500 for 25 Mb,
$2,500 for 50 Mb, and $3,500 for 100 Mb. The New York Stock Exchange,
Inc. (``NYSE'') currently charges $300 for 1 Mb, $700 for 5 Mb, $900
for 10 Mb, $1,500 for 25 Mb, $2,000 for 50 Mb, and $2,600 for 100
Mb.\12\ The Exchange notes that, overall, the connectivity fee for
routing of orders to other market centers proposed by the Exchange is
similar to that charged by the NYSE.
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    \11\ 15 U.S.C. 78f(b)(4).
    \12\ See NYSE's SFTI Americas Product and Service List available
at http://www.nyxdata.com/docs/connectivity.
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    Second, with regard to utilizing BATS Connect to receive market
data products from other exchanges, the Exchange would only charge
subscribers a connectivity fee, the amount of which is based solely on
the amount of bandwidth required to transmit that specific data product
to the subscribers. The amounts of the connectivity fees are also
reasonable as compared to similar fees charged by other exchanges. For
example, for market data connectivity, the Nasdaq Stock Market LLC
(``Nasdaq'') charges $1,412 per month for CQS/CTS data feed, and the
Exchange proposes to charge $1,000 per month connectivity for CQS/CTS
data feed.\13\ The Exchange notes that, overall, the connectivity fee
for receipt of other market centers' data feed proposed by the Exchange
is similar to that charged by Nasdaq.
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    \13\ See Nasdaq Rule 7034 (setting forth Nasdaq's connectivity
fees for receipt of third party market data products).
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    The Exchange believes it is reasonable to offer such discounted
pricing to subscribers who purchase connectivity to a bundle of market
data products as it would enable them to reduce their overall
connectivity costs for the receipt of market data. As stated above,
BATS Connect is offered and purchased on a voluntary basis and
subscribers can discontinue use at any time and for any reason,
including due to an assessment of the reasonableness of fees charged.
Moreover, the Exchange believes the proposed fees are reasonable and
equitable because they continue to be based on the Exchange's costs to
cover the amount of bandwidth required to provide connectivity to the
select bundle of data feeds. The proposed fees will continue to allow
the Exchange to recoup this cost, while providing subscribers with an
alternative means to connect to the select bundle of data feeds at a
discounted rate.
    The subscribers would pay any fees: (i) charged by the exchange
providing the market data feed directly to that exchange (ii) charged
by a market center to which they routed an order and an execution
occurred directly to that market center. The Exchange itself would not
charge any additional fees.\14\ BATS Connect is offered and purchased
on a voluntary basis, in that neither the Exchange nor subscribers are
required by any rule or regulation to make this product available.
Accordingly, subscribers can discontinue use at any time and for any
reason, including due to an assessment of the reasonableness of fees
charged.
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    \14\ The Exchange's rules and fees would not address the fees or
manner of operation of any destination to which the subscriber asked
that an order be routed.
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    Moreover, the Exchange believes the proposed fees are reasonable
and equitable because they are based on the Exchange's costs to cover
hardware, installation, testing and connection, as well as expenses
involved in maintaining and managing the service. The proposed fees
allow the Exchange to recoup these costs, while providing subscribers
with an alternative means to connect to other exchange and market
centers. The Exchange believes that the proposed fees are reasonable
and equitable in that they reflect the costs and the benefit of
providing alternative connectivity.
    The Exchange also believes it is equitable and reasonable to
provide BATS Connect to subscribers for no charge to route orders to or
receive market data products from the Exchange's affiliates. BATS
Connect provides subscribers a means to access exchanges and market
centers on the Exchange's network. In all cases, BATS Connect
subscribers would continue to be liable for the necessary fees charged
by the Exchange, its affiliate, or another exchange or market center,
including any required connectivity fees. As stated above, BATS Connect
is offered and purchased on a voluntary basis, and subscribers and
market participants may

choose an alternative method to connect to the Exchange, its
affiliates, or another exchange or market center connected to the
Exchange's network. Such other services may also offer at no charge
connectivity to certain exchanges or a group of exchanges.\15\
Therefore, the Exchange believes that the providing BATS Connect to
subscribers at no charge to route orders to or receive market data
products from the Exchange's affiliates is reasonable and equitable as
they will continue to be liable to the Exchange or its affiliate for
any required connectivity fees.
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    \15\ See NYSE's SFTI Americas Product and Service List available
at http://www.nyxdata.com/docs/connectivity (offering at no charge
connectivity to the NYSE, NYSE MKT LLC, and NYSE Arca, Inc.).
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    Lastly, the Exchange also believes that the proposed amendments to
its fee schedule are non-discriminatory because they will apply
uniformly to all subscribers. All subscribers that voluntarily select
various service options will be charged the same amount for the same
services. All subscribers have the option to select any connectivity
option, and there is no differentiation among subscribers with regard
to the fees charged for the service. Further, the benefits of selecting
such services are the same for all subscribers, irrespective of whether
their servers are located in the same facility as the Exchange.

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

    The Exchange believes its proposed amendments to its Fee Schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
does not believe the proposed fees for BATS Connect will result in any
burden on competition. The proposed rule change is designed to provide
subscribers with an alternative means to access other market centers on
the Exchange's network if they choose or in the event of a market
disruption where other alternative connection methods become
unavailable. BATS Connect is not the exclusive method to connect to
these market centers and subscribers may utilize alternative methods to
connect to the product if they believe the Exchange's proposed pricing
is unreasonable or otherwise. Therefore, the Exchange does not believe
the proposed rule change will have any effect on competition.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \16\ and paragraph (f) of Rule 19b-4
thereunder.\17\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f).
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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-BATS-2015-45 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2015-45. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also 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-BATS-2015-45 and should be
submitted on or before July 15, 2015.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).

Brent J. Fields,
Secretary.
[FR Doc. 2015-15451 Filed 6-23-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Rules and Regulations]
[Pages 61950-61954]
[FR Doc No: 2011-25855]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0800]
RIN 1625-AA87

Security Zones, 2011 Asia-Pacific Economic Cooperation
Conference, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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SUMMARY: The Coast Guard is establishing four temporary security zones
on the navigable waters of Oahu's southern and western shores in
support of the Asia-Pacific Economic Cooperation (APEC) conference in
Oahu, Hawaii. The establishment of these security zones is necessary to
ensure the safety of all APEC attendees to include the President of the
United States, as well as numerous foreign dignitaries and senior
government officials. Entry into the temporary security zones
established by this rule is prohibited unless authorized by the Coast
Guard Captain of the Port, Honolulu, or her designated representatives.

DATES: This rule will be effective from 11 p.m. HST on November 9, 2011
through 11 p.m. HST on November 16, 2011. The Sec.  165.T14-0800 (a)(2)
and (4) security zones, West Waikiki and Ala Wai Harbor and Canal, will
be enforced from 11 p.m. HST on November 9, 2011 through 11 p.m. HST on
November 16, 2011. The Sec.  165.T14-0800 (a)(1) security zone,
Ko'olina Offshore, will be enforced from 11 p.m. HST on November 12,
2011, to 11 p.m. HST on November 13, 2011. The Sec.  165.T14-0800
(a)(3) security zone, East Waikiki, will be enforced from 12 a.m. HST
to 11 p.m. HST on November 12, 2011.
    Comments and related material must be submitted to the Coast Guard
no later than October 17, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0800 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or e-mail Lt. Scott O. Whaley, U.S. Coast Guard; telephone
808-522-8264 (ext. 352), e-mail<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0800), indicate the specific section of this
document to which each comment applies, and provide a reason for each

suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Search All'' and insert ``USCG-2011-0800'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0800'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. Insufficient time
exists prior to this event to facilitate requests for a public meeting.
If you object to this decision however, you may submit a request for
one by October 17, 2011 using one of the four methods specified under
ADDRESSES. Please explain in detail why you believe a public meeting
would be necessary in this case. If we then determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.

Basis and Purpose

    From November 9, 2011, through November 16, 2011, the President of
the United States, various foreign dignitaries, members of their
official parties, and other senior government officials will be
attending the 2011 APEC conference in Honolulu, Hawaii. APEC is a
multi-national association of economies and their senior leadership
from the Asia-Pacific region working together to reduce trade barriers
and facilitate business interactions between member nations. The
conference is located adjacent to U.S. navigable waters in the Honolulu
Captain of the Port Zone. Accordingly, the U.S. Coast Guard is
establishing these security zones in order to maintain optimum security
for this high visibility event and to ultimately protect the
participants of this event from all possible threats associated with
vessels and persons in the water. Entry of persons or vessels into
these security zones will be prohibited unless authorized by the
Captain of the Port (COTP) Honolulu.

Discussion of Temporary Interim Rule

    This security zone temporary interim rule will be effective from 11
p.m. HST on November 9, 2011 through 11 p.m. HST on November 16, 2011.
This security zone covers four areas located within the Honolulu
Captain of the Port Zone (See 33 CFR 3.70-10)
    The first area is designated as the Ko'olina Offshore Zone and
covers all waters creating a box shape, encompassed by a line extending
1500 yards seaward from 21[deg]19'23.63'' N, 158[deg]07'20.83'' W; to
21[deg]18'49.59'' N, 158[deg]07'52.68'' W; then north to
21[deg]21'17.96'' N, 158[deg]08'36.75'' W; then due east to
21[deg]21'18.70'' N, 158[deg]07'49.15'' W; then along the shoreline
back to the starting point. The Ko'olina Offshore Zone does not include
the entrance of Barbers Point Harbor Channel or the four lagoons
adjacent to the Ko'olina Resort. The Ko'olina Offshore Zone will be
enforced from 11 p.m. HST on November 12, 2011, to 11 p.m. HST on
November 13, 2011.
    The second area is designated as the West Waikiki Zone and includes
all waters creating a box-like shape offshore of Waikiki Beach and is
encompassed by a line connecting the following points: Beginning at
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; to 21[deg]16'10.20'' N,
157[deg]50'37.55'' W; to 21[deg]16'29.28'' N, 157[deg]50'56.69'' W; to
21[deg]16'53.95'' N, 157[deg]50'29.10'' W; then along the shoreline
back to the starting point. The West Waikiki Zone includes the offshore
area adjacent to the Hilton Hawaiian Village Resort and the Fort
DeRussy military reservation. The West Waikiki Zone does not include
the two lagoons adjacent to the Hilton Hawaiian Village Resort. The
West Waikiki Zone will be enforced from 11 p.m. HST on November 9, 2011
to 11 p.m. HST on November 16, 2011.
    A third area is designated as the East Waikiki Zone and includes
all waters creating a box-like shape offshore of Waikiki Beach and is
encompassed by a line connecting the following points: beginning at
21[deg]16'36.20'' N, 157[deg]49'46.91'' W; to 21[deg]16'05.04'' N,
157[deg]50'20.56'' W; to 21[deg]16'14.87'' N, 157[deg]50'30.98'' W; to
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; then along the shoreline
back to the starting point. The East Waikiki Zone includes the offshore
area adjacent to the Sheraton Waikiki Hotel and the Outrigger Waikiki
Hotel. The East Waikiki Zone will be enforced from 12 a.m. HST to 11
p.m. HST on November 12, 2011.
    A fourth area is designated as the Ala Wai Harbor and Canal Zone.
It includes a section of the Ala Wai Canal extending from the entrance
to the canal in Ala Wai harbor to a point 15 yards northeast of the
McCully Bridge and also includes all Ala Wai Harbor waters encompassing
the Harbor Working Docks, the ``Front Row'' along Holomoana Ave, the
Loading Dock, G Dock, F Dock, the 400 Row, the south face of X Dock and
D Dock. See Example 1 in the docket for an illustration of the Ala Wai
harbor section of this security zone. The Ala Wai Harbor and Canal Zone
will be enforced from 11 p.m. HST on November 9, 2011 to 11 p.m. HST on
November 16, 2011.
    A graphic labeled ``Illustration of APEC 2011 security zones'' is
available via http://www.regulations.gov in docket USCG-2011-0800. It
provides a

graphical representation of the four security zones discussed above
that are established by this temporary interim rule.
    In accordance with the general regulations in 33 CFR part 165,
subpart D, no person or vessel will be permitted to transit into or
remain in the zone except for those authorized support vessels,
aircraft and support personnel, or other personnel or vessels
authorized by the Captain of the Port or the District Commander. Any
Coast Guard commissioned, warrant, or petty officer, or other Captain
of the Port representative permitted by law, may enforce the zone.
Vessels, aircraft, or persons in violation of this rule will be subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

Regulatory Analyses

    We did not publish a notice of proposed rulemaking (NPRM) for this
temporary interim rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing an NPRM. Due to the sensitive
nature of this highly visible event, sufficient notice of the zone
locations was not released in time to adequately complete the NPRM
rulemaking. This event is a matter of national security and the
changing nature of the event has required flexibility among all
parties. Issuing an NPRM is impracticable due to the nature of the
event. This temporary interim rule, however, is being used to provide a
post-promulgation comment period in advance of the event given the
limited time remaining. It would be contrary to the public interest to
delay issuing an effective rule. Post-promulgation comments received on
this temporary interim rule may allow the COTP to issue an improved
temporary final rule, but issuing the interim rule now ensures that an
effective rule will be in place to provide the necessary security
measures required for the Asia-Pacific Economic Cooperation conference
held on Oahu.
    We developed this temporary interim rule after considering numerous
statutes and executive orders related to rulemaking. Below we summarize
our analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard expects the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
under the regulatory policies and procedures of DHS is unnecessary.
This conclusion is based on the limited duration of the zone and the
limited geographic area affected by it. Furthermore, the general public
will be permitted to transit the security zone as necessary but will
not be permitted to loiter.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary interim rule will have a significant
economic impact on a substantial number of small entities. The term
``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this temporary
interim rule will not have a significant economic impact on a
substantial number of small entities.
    This temporary interim rule could affect the following entities,
some of which might be small entities: the owners or operators of
vessels for hire intending to transit or operate in the Ala Wai Harbor
and Canal and West Waikiki Security Zones from November 9, 2011 to
November 16, 2011; the owners or operators of vessels for hire
intending to transit or operate in the East Waikiki Security Zone on
November 12, 2011; and the owners or operators of vessels for hire
intending to transit or operate in the Ko'olina Security Zone on
November 13, 2011.
    These security zones will not have a significant economic impact on
a substantial number of small entities for the following reasons: The
security zones will be activated and thus subject to enforcement for a
period of no longer than seven (7) days and will not affect vessels
transiting 1500 yards (or more) offshore from the Sheraton Waikiki to
1500 yards south-southwest from the Ala Wai Harbor breakwater. It also
will not affect vessels transiting or operating outside 1500 yards west
from Kahe Point Beach Park to 1500 yards southwest from Barbers Point
Harbor Channel, not including the entrance to Barbers Point Harbor.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will have a
significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule will economically affect it.

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 temporary interim rule so that they can
better evaluate its effects on them and participate in the rulemaking.
If the rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Scott O. Whaley
at<PHONE_NUMBER> ext. 352. The Coast Guard will not retaliate against
small entities that question or complain about this temporary interim
rule or any policy or action of the Coast Guard.

Collection of Information

    This temporary interim rule will call for no new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this temporary
interim rule under that Order and have determined that it does not have
implications for federalism.

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 temporary interim rule
will not result in such an expenditure, we do discuss the effects of
this rule elsewhere in this preamble.

Taking of Private Property

    This temporary interim 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.

Civil Justice Reform

    This temporary interim 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.

Protection of Children

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

Indian Tribal Governments

    This temporary interim rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it will 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.

Energy Effects

    We have analyzed this temporary interim rule under Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use. We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This temporary interim rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.

Environment

    We have analyzed this temporary interim 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 made a determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this temporary interim 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add temporary Sec.  165.T14-0800 to read as follows:

Sec.  165.T14-0800  Security Zones; 2011 Asia-Pacific Economic
Cooperation Conference, Oahu, HI.

    (a) Locations. The following areas, from the surface of the water
to the ocean floor, are security zones.
    (1) Ko'olina Offshore Zone. All waters encompassed by a line
extending 1500 yards seaward from 21[deg]19'23.63'' N,
158[deg]07'20.83'' W; to 21[deg]18'49.59'' N, 158[deg]07'52.68'' W;
then north to 21[deg]21'17.96'' N, 158[deg]08'36.75'' W; then due east
to 21[deg]21'18.70'' N, 158[deg]07'49.15'' W; then along the shoreline
back to the starting point. This security zone does not include the
entrance of Barbers Point Harbor Channel or the four lagoons adjacent
to the Ko'olina Resorts.
    (2) West Waikiki Zone. All waters offshore of Waikiki Beach
encompassed by a line connecting the following points: beginning at
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; to 21[deg]16'10.20'' N,
157[deg]50'37.55'' W; to 21[deg]16'29.28'' N, 157[deg]50'56.69'' W; to
21[deg]16'53.95'' N, 157[deg]50'29.10'' W; then along the shoreline
back to the starting point. The West Waikiki Zone includes the offshore
area adjacent to the Hilton Hawaiian Village Resort and the Fort
DeRussy military reservation. The West Waikiki Zone does not include
the two lagoons adjacent to the Hilton Hawaiian Village Resort.
    (3) East Waikiki Zone. All waters offshore of Waikiki Beach
encompassed by a line connecting the following points: Beginning at
21[deg]16'36.20'' N, 157[deg]49'46.91'' W; to 21[deg]16'05.04'' N,
157[deg]50'20.56'' W; to 21[deg]16'14.87'' N, 157[deg]50'30.98'' W; to
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; then along the shoreline
back to the starting point. The East Waikiki Zone includes the offshore
area adjacent to the Sheraton Waikiki Hotel and the Outrigger Waikiki
Hotel.
    (4) Ala Wai Harbor and Canal Zone. All waters, including a section
of the Ala Wai Canal, extending from the entrance to the canal in Ala
Wai harbor to a point 15 yards northeast of the McCully Bridge and also
including all Ala Wai Harbor waters encompassing the Harbor Working
Docks, the ``Front Row'' along Holomoana Ave, the Loading Dock, G Dock,
F Dock, the 400 Row, the south face of X Dock and D Dock.

    Note to paragraph (a)(4):  See Example 1 in http://www.regulations.gov docket USCG-2011-0800 for an illustration of the
Ala Wai harbor section of this paragraph (a)(4) security zone and
clarification as to the docks encompassed by this zone.

    (b) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Captain of the Port Honolulu to assist in
enforcing the security zones described in paragraph (a) of this
section.
    (c) Regulations. The general security zone regulations found in 33
CFR part 165, subpart D, apply to the security zones created by this
temporary section.
    (1) All persons are required to comply with the general regulations
governing security zones found in 33 CFR 165.33.
    (2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Honolulu.
    (3) Persons desiring to transit the security zones identified in
paragraph (a) of this section may contact the Captain of the Port at
Command Center telephone number<PHONE_NUMBER> and<PHONE_NUMBER>, fax
(808) 842-2624 or on VHF channel 16 (156.8 Mhz) to seek

permission to transit the zones. If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the
Port Honolulu or his designated representative and proceed at the
minimum speed necessary to maintain a safe course while within the
zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zones by Federal, State, and local agencies.

    Dated: September 22, 2011.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2011-25855 Filed 10-5-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Rules and Regulations]
[Page 39150-39152]
[DOCID:fr08jy10-10]

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DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30732; Amdt. No. 3381]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective July 8, 2010. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 8, 2010.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists

for making these SIAPs effective in less than 30 days.

Conclusion

    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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC on June 25, 2010.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [AMENDED]

    By Amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               FDC       FDC
   AIRAC date        State            City                  Airport            No.      date                             Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
29-Jul-10.......  WI          Lake Geneva.........  Grand Geneva Resort....   0/1685   5/25/10  RNAV (GPS) Rwy 23, Orig
29-Jul-10.......  NE          Columbus............  Columbus Muni..........   0/1688    6/4/10  VOR Rwy 14, Amdt 14A
29-Jul-10.......  NE          North Platte........  North Platte Rgnl         0/1886    6/4/10  VOR Rwy 35, Amdt 18
                                                     Airport Lee Bird Field.
29-Jul-10.......  IL          Bloomington/Normal..  Central IL Rgnl Arpt at   0/2101    6/4/10  RNAV (GPS) Rwy 2, Orig
                                                     Bloomington/Normal.
29-Jul-10.......  IA          Cherokee............  Cherokee County Rgnl...   0/2102    6/4/10  RNAV (GPS) Z Rwy 36, Orig
29-Jul-10.......  NM          Socorro.............  Socorro Muni...........   0/2103    6/4/10  RNAV (GPS) Z Rwy 33, Orig
29-Jul-10.......  IN          North Vernon........  North Vernon...........   0/2108    6/4/10  RNAV (GPS) Z Rwy 23, Orig.
29-Jul-10.......  MO          St Louis............  Lambert-St Louis Intl..   0/2112    6/4/10  ILS or LOC Rwy 24, Amdt 46.
29-Jul-10.......  NE          Seward..............  Seward Municipal.......   0/2119    6/4/10  NDB Rwy 34, Orig.
29-Jul-10.......  IL          Chicago.............  Chicago Midway Intl....   0/2125    6/4/10  ILS or LOC Rwy 4R, Orig-A.
29-Jul-10.......  AK          Selawik.............  Selawik................   0/2192    6/7/10  RNAV (GPS) Z Rwy 22, Orig-A.
29-Jul-10.......  KY          Somerset............  Lake Cumberland Rgnl...   0/2447    6/4/10  RNAV (GPS) Z Rwy 5, Amdt 1.
29-Jul-10.......  AK          Fairbanks...........  Fairbanks Intl.........   0/2653    6/7/10  ILS or LOC Rwy 2L, Amdt 8; ILS Rwy 2L (CAT II), Amdt 8;
                                                                                ILS Rwy 2L (CAT III), Amdt 8.
29-Jul-10.......  AQ          Pago Pago...........  Pago Pago Intl.........   0/2667   6/11/10  ILS/DME Rwy 5, Amdt 13D.
29-Jul-10.......  IL          Chicago/Romeoville..  Lewis University.......   0/2786    6/7/10  RNAV (GPS) Rwy 27, Orig.
29-Jul-10.......  OH          Delaware............  Delaware Muni..........   0/2960    6/4/10  NDB Rwy 10, Orig.
29-Jul-10.......  ID          Lewiston............  Lewiston-Nez Perce        0/3139   6/11/10  ILS Rwy 26, Amdt 12.
                                                     County.
29-Jul-10.......  ID          Lewiston............  Lewiston-Nez Perce        0/3141   6/11/10  RNAV (GPS) Y Rwy 12, Amdt 1A.
                                                     County.
29-Jul-10.......  CO          Alamosa.............  San Luis Valley           0/3490   6/11/10  VOR or GPS A, Amdt 6A.
                                                     Regional/Bergman Field.
29-Jul-10.......  VA          South Hill..........  Mecklenburg-Brunswick     0/3856   6/11/10  LOC Rwy 1, Orig.
                                                     Rgnl.
29-Jul-10.......  IN          Auburn..............  De Kalb County.........   0/3941   6/10/10  VOR Rwy 9, Amdt 7A.
29-Jul-10.......  IN          Auburn..............  De Kalb County.........   0/3943   6/10/10  VOR or GPS A, Amdt 9.
29-Jul-10.......  IN          Fort Wayne..........  Smith Field............   0/3948    6/9/10  VOR Rwy 13, Amdt 9A.
29-Jul-10.......  CA          Palo Alto...........  Palo Alto Arpt of Santa   0/4078   6/11/10  VOR/DME Rwy 31, Orig-B.
                                                     Clara Co.
29-Jul-10.......  CA          Redding.............  Redding Muni...........   0/4087   6/10/10  LOC/DME BC Rwy 16, Amdt 7.
29-Jul-10.......  CA          Torrance............  Zamperini Field........   0/4089   6/10/10  Takeoff Minimums and Obstacle DP, Amdt 1.
29-Jul-10.......  FL          West Palm Beach.....  North Palm Beach County   0/4131    6/4/10  VOR Rwy 8R, Amdt 1A.
                                                     General Aviation.
29-Jul-10.......  SC          Columbia............  Jim Hamilton L.B. Owens   0/4237   6/15/10  LOC Rwy 31, Amdt 1.
29-Jul-10.......  SC          Columbia............  Jim Hamilton L.B. Owens   0/4240   6/15/10  Radar-1, Amdt 2.
29-Jul-10.......  FL          Orlando.............  Orlando Intl...........   0/5202   6/11/10  VOR/DME Rwy 18L, Amdt 5D.
29-Jul-10.......  FL          Orlando.............  Orlando Intl...........   0/5204   6/11/10  VOR/DME Rwy 18R, Amdt 5D.
29-Jul-10.......  NJ          Newark..............  Newark Liberty Intl....   0/9515   5/25/10  GLS Rwy 22R, Orig.
29-Jul-10.......  NJ          Newark..............  Newark Liberty Intl....   0/9516   5/25/10  GLS Rwy 11, Orig.
29-Jul-10.......  NJ          Newark..............  Newark Liberty Intl....   0/9517   5/25/10  GLS Rwy 22L, Orig.
29-Jul-10.......  NJ          Newark..............  Newark Liberty Intl....   0/9518   5/25/10  GLS Rwy 4R, Orig.
29-Jul-10.......  NJ          Newark..............  Newark Liberty Intl....   0/9519   5/25/10  GLS Rwy 4L, Orig.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2010-16250 Filed 7-7-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Page 40260]
[FR Doc No: 2013-15913]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69878; File No. SR-NYSE-2013-33]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Designation of a Longer Period for Commission Action on
Proposed Rule Change Proposing To: (i) Delete the Sections in the
Listed Company Manual (the ``Manual'') Containing the Listing
Application Materials (Including the Listing Application and the
Listing Agreement) and Adopt Updated Listing Application Materials That
Will Be Posted on the Exchange's Web Site; and (ii) Adopt as New Rules
Certain Provisions That Are Currently Included in the Various Forms of
Agreements That Are in the Manual, as Well as Some Additional New Rules
That Make Explicit Existing Exchange Policies With Respect to Initial
Listings

June 27, 2013.
    On April 30, 2013, New York Stock Exchange LLC (the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
(i) delete the sections in the Manual containing the listing
application materials (including the listing application and the
listing agreement) and adopt updated listing application materials that
will be posted on the Exchange's Web site; and (ii) adopt as new rules
certain provisions that are currently included in the various forms of
agreements that are in the Manual, as well as some additional new rules
that make explicit existing Exchange policies with respect to initial
listings. The proposed rule change was published for comment in the
Federal Register on May 17, 2013.\3\ The Commission received one
comment letter on the proposal.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 69565 (May 13,
2013), 78 FR 29165.
    \4\ See Letter to Elizabeth M. Murphy, Secretary, Commission,
from Shinichi Yuhara, dated June 4, 2013.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is July 1, 2013. The Commission is extending
this 45-day time period.
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    \5\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change, which would (i)
delete the sections in the Manual containing the listing application
materials (including the listing application and the listing agreement)
and adopt updated listing application materials that will be posted on
the Exchange's Web site; and (ii) adopt as new rules certain provisions
that are currently included in the various forms of agreements that are
in the Manual, as well as some additional new rules that make explicit
existing Exchange policies with respect to initial listings, and the
potential issues raised by this proposal.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates August 15, 2013 as the date by which the Commission
should either approve or disapprove, or institute proceedings to
determine whether to disapprove, the proposed rule change (File No. SR-
NYSE-2013-33).
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    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(31).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-15913 Filed 7-2-13; 8:45 am]
BILLING CODE 8011-01-P