[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16277-16279]
[FR Doc No: 2015-06950]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0018]
RIN 1625-AA08

Special Local Regulation; Charleston Race Week, Charleston
Harbor; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of Charleston Harbor in Charleston, South Carolina during
Charleston Race Week, a series of sailboat races. The races are
scheduled to take place on April 17, 2015 through April 19, 2015.
Approximately 300 sailboats are anticipated to participate in the
races. The special local regulation is necessary to provide for the
safety of life on the navigable waters of the United States during the
races. The special local regulation consists of three race areas.
Except for those persons and vessels participating in the sailboat
races, persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the race areas unless
authorized by the Captain of the Port Charleston or a designated
representative.

DATES: This rule is effective on April 17, 2015 through April 19, 2015.
This rule will be enforced daily from 8:30 a.m. until 5:00 p.m.

ADDRESSES: Documents indicated in this preamble are part of docket
USCG-2015-0018. 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 Chief Warrant Officer Christopher Ruleman, telephone
(843) 740-3184, email<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On February 19, 2015, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulation; Charleston Race Week,
Charleston, SC in the Federal Register. We received no comments on the
proposed rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to insure safety of life on navigable waters of the United
States during three Charleston Race Week sailboat races.

C. Discussion of the Final Rule

    From April 17, 2015 through April 19, 2015, Charleston Ocean Racing
Association will host three sailboat races on Charleston Harbor in
Charleston, South Carolina during Charleston Race Week. Approximately
300 sailboats will be participating in the three races. The rule
establishes a special local regulation on certain waters of Charleston
Harbor in Charleston, South Carolina. The special local regulation will
be enforced daily from 8:30 a.m. until 5:00 p.m. on April 17, 2015
through April 19, 2015. The special local regulation consists of the
following three race areas.
    1. Race Area #1. All waters encompassed within an 800 yard radius
of position 32[deg]46'23'' N, 79[deg]55'11'' W.
    2. Race Area #2. All waters encompassed within a 900 yard radius of
position 32[deg]45'54'' N, 79[deg]54'41'' W.
    3. Race Area #3. All waters encompassed within a 900 yard radius of
position 32[deg]46'09'' N, 79[deg]53'52'' W.
    Except for those persons and vessels participating in the sailboat
races, persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the race areas unless
specifically authorized by the Captain of the Port Charleston or a
designated representative. Persons and vessels desiring to enter,
transit through, anchor in, or remain within any of the race areas may
contact the Captain of the Port Charleston by telephone at (843) 740-
7050, or a designated representative via VHF radio on channel 16, to
request authorization. If authorization to enter, transit through,
anchor in, or remain within the race areas is granted by the Captain of
the Port Charleston or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port Charleston or a designated representative.
The Coast Guard will provide notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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.
    The economic impact of this rule is not significant for the
following reasons: (1) Although persons and vessels will not be able to
enter, transit through, anchor in, or remain within the regulated areas
without authorization from the Captain of the Port Charleston or a
designated representative, they may operate in the surrounding area
during the enforcement periods; (2) persons and vessels may still
enter, transit through, anchor in, or remain within the regulated areas
if authorized by the Captain of the Port Charleston or a designated
representative; and (3) the Coast Guard will provide advance
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.

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 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 rule will not have a significant economic
impact on a substantial number of small entities. This rule may affect
the following entities, some of which may be small entities: The owners
or operators of vessels intending to enter, transit through, anchor in,
or remain within the waters of Charleston Harbor encompassed within the
three regulated areas between 8:30 a.m. and 5:00 p.m., from April 17,
2015 through April 19, 2015. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.

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
INTFORMATION 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 concluded
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 involves a special local regulation issued in conjunction with a
regatta or marine parade. An environmental analysis checklist and a
Categorical Exclusion Determination were completed for this event. This
rule is categorically excluded from further review under paragraph
34(h) of Figure 2-1 of the Commandant Instruction. 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-0018 to read as follows:

Sec.  100.35T07-0018  Special Local Regulation; Charleston Race Week,
Charleston Harbor; Charleston, SC.

    (a) Regulated Areas. The following regulated areas are established
as a special local regulation. All coordinates are North American Datum
1983.

    (1) Race Area #1. All waters encompassed within an 800 yard radius
of position 32[deg]46'23'' N, 79[deg]55'11'' W.
    (2) Race Area #2. All waters encompassed within a 900 yard radius
of position 32[deg]45'54'' N, 79[deg]54'41'' W.
    (3) Race Area #3. All waters encompassed within a 900 yard radius
of position 32[deg]46'09'' N, 79[deg]53'52'' W.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) Except for those person and vessels
participating in the sailboat races, all persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within any of the three regulated areas unless authorized by
the Captain of the Port Charleston or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within any of the regulated areas may contact the Captain
of the Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
any of the regulated areas is granted by the Captain of the Port
Charleston or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 8:30
a.m. until 5:00 p.m. from April 17, 2015 through April 19, 2015.

    Dated: March 12, 2015.
B. D. Falk,
Commander, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2015-06950 Filed 3-26-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Notices]
[Pages 20643-20644]
[FR Doc No: 2012-8167]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Blood Products Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Blood Products Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on May 15, 2012, from 8:30
a.m. to 5 p.m. and May 16, 2012 from 8 a.m. to 4 p.m.
    Location: Hilton Washington DC/North Gaithersburg, 620 Perry Pkwy.,
Gaithersburg, MD 20877,<PHONE_NUMBER>. For those unable to attend in
person, the meeting will also be Web cast. The Web cast will be
available at the following links.

Blood Products Advisory Committee Web Cast Link

    May 15
    http://fda.yorkcast.com/webcast/Viewer/?peid=ba104b31fe4c4c099568bacda9a4e5401d.

May 16

    http://fda.yorkcast.com/webcast/Viewer/?peid=19caf3c8c1624acdaab205ddde9c48581d.
    Contact Person: Bryan Emery or Rosanna Harvey, Center for Biologics
Evaluation and Research (HFM-71), Food and Drug Administration, 1401
Rockville Pike, Rockville, MD 20852,<PHONE_NUMBER>, or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area), and follow the prompts to the desired center or
product area. Please call the Information Line for up-to-date
information on this meeting. A notice in the Federal Register about
last minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the Agency's Web site
and call the appropriate advisory committee hot line/phone line to
learn about possible modifications before coming to the meeting.
    Agenda: On May 15, 2012, the committee will discuss as a device
panel the evaluation of the safety and effectiveness of the OraQuick
In-Home HIV Test. On May 16, 2012, the committee will discuss the
evaluation of possible new plasma products frozen following in-process
storage at room temperature for up to 24 hours, namely plasma for
transfusion prepared from Whole Blood held at room temperature for up
to 24 hours prior to separation and freezing, or from apheresis plasma
held at room temperature for up to 24 hours before freezing. In the
afternoon, the committee will hear update presentations on the
following topics: HHS activities related to the evaluation of the donor
deferral policy for men who have had sex with other men; a summary of
the November 8-9, 2011, public workshop on hemoglobin standards and
maintaining an adequate blood supply; and a summary of the November 29,
2011, public workshop on data and data needs to advance risk assessment
for emerging infectious diseases for blood and blood products.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before May
8, 2012. Oral presentations from the public will be scheduled between
approximately 1:30 p.m. and 3:15 p.m. on May 15, 2012, and between
approximately 11:30 a.m. and 12:45 p.m. on May 16, 2012. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
April 30, 2012. Time allotted for each presentation may be limited. If
the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by May 1, 2012.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Bryan Emery, 301-
827-1277, or Rosanna Harvey,<PHONE_NUMBER>, at least 7 days in advance
of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/Advisory

Committees/AboutAdvisoryCommittees/ucm111462.htm for procedures on
public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: March 30, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-8167 Filed 4-4-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Notices]
[Pages 25796-25797]
[FR Doc No: 2019-11593]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC19-94-000.
    Applicants: Oasis Power Partners, LLC, Sagebrush, a California
partnership, Oasis Wind Holdings, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Oasis Power Partners, LLC, et al.
    Filed Date: 5/24/19.
    Accession Number: 20190524-5257.
    Comments Due: 5 p.m. ET 6/14/19.

    Docket Numbers: EC19-95-000.
    Applicants: Craven County Wood Energy Limited Partnership, Grayling
Generating Station Limited Partnership.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Craven County Wood Energy Limited
Partnership, et al.
    Filed Date: 5/24/19.
    Accession Number: 20190524-5266.
    Comments Due: 5 p.m. ET 6/14/19.

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

    Docket Numbers: ER16-372-006.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance Filing Pursuant to 4/29/
2019 Order to be effective 4/29/2019.
    Filed Date: 5/28/19.
    Accession Number: 20190528-5033.
    Comments Due: 5 p.m. ET 6/18/19.

    Docket Numbers: ER19-1979-000.
    Applicants: Hecate Energy Highland LLC.
    Description: Request for Limited Waiver, et al. of Hecate Energy
Highland LLC.
    Filed Date: 5/23/19.
    Accession Number: 20190523-5234.
    Comments Due: 5 p.m. ET 6/3/19.

    Docket Numbers: ER19-1987-000.
    Applicants: Sierra Pacific Power Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 18-
00088 to be effective 5/24/2019.

    Filed Date: 5/24/19.
    Accession Number: 20190524-5210.
    Comments Due: 5 p.m. ET 6/14/19.

    Docket Numbers: ER19-1988-000.
    Applicants: Nevada Power Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 15-
00055 NPC and NPC Dry Lake 4th Amendment 05.24.19 to be effective 5/24/
2019.
    Filed Date: 5/24/19.
    Accession Number: 20190524-5212.
    Comments Due: 5 p.m. ET 6/14/19.

    Docket Numbers: ER19-1989-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3490 AEP Energy Partners,
Inc. NITSA and NOA to be effective 6/1/2019.
    Filed Date: 5/28/19.
    Accession Number: 20190528-5009.
    Comments Due: 5 p.m. ET 6/18/19.

    Docket Numbers: ER19-1991-000.
    Applicants: Tampa Electric Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 21 w_City
of Lakeland--Amendment to Exhibit A to be effective 6/1/2019.
    Filed Date: 5/28/19.
    Accession Number: 20190528-5060.
    Comments Due: 5 p.m. ET 6/18/19.

    Docket Numbers: ER19-1992-000.
    Applicants: RE Gaskell West 2 LLC.
    Description: Baseline eTariff Filing: Application for Market Based
Rate to be effective 5/29/2019.
    Filed Date: 5/28/19.
    Accession Number: 20190528-5097.
    Comments Due: 5 p.m. ET 6/18/19.

    Docket Numbers: ER19-1993-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Tariff Cancellation: Cancellation of Cost Based Power
Sales Tariff to be effective 5/29/2019.
    Filed Date: 5/28/19.
    Accession Number: 20190528-5099.
    Comments Due: 5 p.m. ET 6/18/19.

    Docket Numbers: ER19-1994-000.
    Applicants: The Connecticut Light and Power Company.
    Description: Initial rate filing: NTE Connecticut, LLC ?
Engineering Design and Procurement Agreement to be effective 5/28/2019.
    Filed Date: 5/28/19.
    Accession Number: 20190528-5102.
    Comments Due: 5 p.m. ET 6/18/19.

    Docket Numbers: ER19-1995-000.
    Applicants: RE Gaskell West 2 LLC.
    Description: Sec.  205(d) Rate Filing: Certificate of Concurrence
to LGIA Co-Tenancy Agreement to be effective 5/29/2019.
    Filed Date: 5/28/19.
    Accession Number: 20190528-5110.
    Comments Due: 5 p.m. ET 6/18/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 28, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-11593 Filed 6-3-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Pages 25112-25115]
[FR Doc No: 2013-10014]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69422; File No. SR-CBOE-2013-042]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule

April 22, 2013.
    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 April 10, 2013, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to

solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's
Office of the Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to make a number of technical and superficial
changes to its Fees Schedule. No substantive changes to Exchange fees
are proposed herein.
    First, HOLDRs options are no longer traded on the Exchange, so the
Exchange proposes to remove all references to such options. As such,
references to HOLDRs options in the ETF, ETN and HOLDRs Options Rate
Table, the Customer Large Trade Discount table, and Footnotes 6, 8 and
9 will be deleted. The ETF, ETN and HOLDRs Options Rate Table will now
be called the ETF and ETN Options Rate Table, the Customer Large Trade
Discount table will refer to ``ETF and ETN Options'', and applicable
sections of footnotes 8 and 9 will simply say ``ETF and ETN options''.
    Next, the Exchange proposes to re-name the Proprietary Index
Options Rate Table--SPX, SPXW, SPXpm, SRO, OEX, XEO, VIX and VOLATILITY
INDEXES the ``Specified Proprietary Index Options Rate Table--SPX,
SPXW, SPXpm, SRO, OEX, XEO, VIX and VOLATILITY INDEXES'' (the
``Specified Index Options Rate Table''). The addition of the word
``Specified'' is intended to clarify that not all proprietary index
options are subject to this rate table (those not specified are subject
to the Index Options Rate Table--All Index Products Excluding SPX,
SPXW, SPXpm, SRO, OEX, XEO, VIX and VOLATILITY INDEXES (the ``Other
Index Options Rate Table'')).
    Footnote 20 describes the CFLEX AIM Response fee. However, on the
Equity Options Rate Table, the ETF and ETN Options Rate Table, the
Specified Index Options Rate Table, the Other Index Options Rate Table,
and the Mini-Options Rate Table, this fee is merely listed as the CFLEX
AIM fee. The Exchange proposes to add the word ``Response'' and list
the fee in all the above-mentioned rate tables as the CFLEX AIM
Response fee in order to more accurately display the fee's name.
    Next, the Exchange proposes to make more clear the fact that the
Exchange will assess no Clearing Trading Permit Holder Proprietary
transaction fees for certain types of facilitation orders (as defined
in Footnote 11 of the Fees Schedule) in certain classes.\3\ As such,
the Exchange proposes to add to the Equity Options Rate Table, the ETF
and ETN Options Rate Table, and the Other Index Options Rate Table a
line that lists the Clearing Trading Permit Holder Proprietary
Facilitation fees as being assessed a fee of $0.00 per contract for
manual, AIM Agency/Primary, AIM Contra, QCC and CFLEX AIM Response
transactions (regular electronic Clearing Trading Permit Holder
Proprietary facilitation transactions are assessed a $0.25 per-contract
fee, like other Clearing Trading Permit Holder Proprietary
transactions, as they are not subject to the waiver), per the language
currently in Footnote 11. On all such rate tables, the new line will
include a reference to Footnote 11.
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    \3\ See CBOE Fees Schedule, Footnote 11 for more details.
---------------------------------------------------------------------------

    Next, the Broker-Dealer line on the Equity Options Rate Table, the
ETF and ETN Options Rate Table, the Specified Index Options Rate Table,
the Other Index Options Rate Table, the Mini-Options Rate Table and the
Credit Default Options and Credit Default Basket Options Rate Table
(together, the ``Rate Tables'') contains an erroneous reference to
Footnote 11 (such reference being erroneous because Footnote 11 does
not apply to Broker-Dealers. As such, the Exchange proposes to delete
such references.
    The Exchange's Hybrid 3.0 Execution Fee applies to products traded
on the Hybrid 3.0 system. Occasionally, the Exchange receives questions
regarding to which products that fee applies. As such, the Exchange
proposes to amend the line on the Specified Index Options Rate Table
listing the Hybrid 3.0 Execution Fee to state that it applies to SPX
and SPXQ only (as those are the products traded on Hybrid 3.0).
    The Exchange instituted a CFLEX AIM Credit for some orders executed
via a CFLEX AIM auction from November 1, 2012 through December 31, 2012
(the ``CFLEX AIM Credit'').\4\ As it is now past December 31, 2012, the
CFLEX AIM Credit has expired. As such, the Exchange proposes to delete
references to it from the Equity Options, ETF and ETN Options, and
Other Index Options Rate Tables. The Exchange also proposes to delete
the text of Footnote 28 (which describes the CFLEX AIM Credit) and
merely label such footnote as ``Reserved.'' Next, the Exchange no
longer operates under a structure in which persons or organizations own
seats on the Exchange and therefore could lease seats out to other
parties. As such, there are no longer lessees or lessors on the
Exchange, and the reference in the ``Individual'' line on Trading
Permit Holder Application Fees table to ``/Lessee/Lessor'' is obsolete
and no longer relevant, and thus the Exchange proposes to delete such
reference.
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    \4\ See Securities Exchange Act Release No. 68169 (November 6,
2012), 77 FR 67703 (November 13, 2012) (Sr-CBOE-2012-105).
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    The Exchange's Options Regulatory Fee (``ORF'') is listed as being
$0.0065 per contract through December 31, 2012 and $0.0085 per contract
effective January 2, 2013. As these dates have passed and the ORF is
now simply $0.0085 per contract, the Exchange proposes to delete the
reference to the ORF being $0.0065 per contract through December 31,
2012 and the January 2, 2013 effective date of the $0.0085 per contract
ORF.
    The Notes for the Exchange's Non-Standard Booth Rental Fee state
that ``Effective April 1, 2012, a Trading Permit Holder (``TPH'')
organization will pay the fees per square foot on a monthly basis for
use of a non-standard booth.'' Since April 1, 2012 has passed, the
Exchange proposes to eliminate the reference to such date and merely
have the sentence read ``A Trading Permit Holder (``TPH'') organization
will pay the fees per square foot on a monthly basis for use of a non-
standard booth.''
    The Notes to the Exchange's CMI and FIX Login ID fees state that
CMI and FIX Login ID fees are waived through September 30, 2012 for CMI
and FIX Login IDs used to access the CFLEX system. As September 30,
2012 has

passed, the Exchange proposes to delete this note.
    The Exchange Fees Schedule has a Trading Permit Holder Transaction
Fee Policies and Rebate Programs table that lists one fee, the Chicago
Mercantile Exchange (CME) Members SPX and OEX Fees, which states that
``Pursuant to an agreement between the CBOE and the CME, CME members
are eligible to receive rebates from customer transaction fee rates on
SPX and OEX transactions for their own account. Although CME members
activity clears as customer trades and are charged customer rates, CME
members will receive a transaction fee rebate of $.06 per contract when
the premium is $1 or higher and $.03 when the premium is under $1, upon
submission of an itemized rebate request (see policy below). CBOE
Trading Permit Holders are also eligible for reduced fees on their CME
S&P 500 and S&P 100 activity.'' The table then states that ``ALL REBATE
REQUESTS MUST BE RECEIVED NO LATER THAN 60 DAYS AFTER THE MONTH-END TO
WHICH THE TRADE RELATES AND INCLUDE TRANSACTION DETAIL AS REPORTED TO
TRADE MATCH. REBATE REQUEST FORMS MAY BE OBTAINED BY CALLING DON PATTON
AT<PHONE_NUMBER>.'' The agreement referenced between the CBOE and CME
is no longer valid. As such, the fee listed and all other text in this
table is no longer valid, and therefore the Exchange proposes to delete
such table.
    Footnote 19 to the Exchange Fees Schedule reads, in part, ``The AIM
Agency/Primary Fee applies to all broker-dealer, non-Trading Permit
Holder market-maker, JBO participant, voluntary professional, and
professional orders in all products, except volatility indexes,
executed in AIM, SAM, FLEX AIM and FLEX SAM auctions, that were
initially entered as a Agency/Primary Order.'' This is grammatically
incorrect, and the Exchange proposes to amend the end of this sentence
to read ``entered as an Agency/Primary Order.''
    The Exchange proposes to add (in two places) to the Customer line
on the Linkage Fees table that such fees apply in addition to the
customary CBOE execution charges. As this table only applies to Linkage
fees and not other execution fees, the Exchange believes that this fact
was already clear, but has elected to clarify due to a question
received from a customer. Footnote 25 of the Exchange Fees Schedule
states that ``An additional monthly fee of $2,000 per month will be
assessed to any Floor Broker Trading Permit Holder that executes more
than 20,000 VIX contracts during the month. If and to the extent that a
Trading Permit Holder or TPH organization has more than one Floor
Broker Trading Permit that is utilized to execute VIX options
transactions, the VIX executions of that Trading Permit Holder or TPH
organization shall be aggregated for purposes of determining this
additional monthly fee and the Trading Permit Holder or TPH
organization shall be charged a single $2,000 fee for the combined VIX
executions through those Floor Broker Trading Permits if the executions
exceed 20,000 contracts per month.'' The Exchange desires to make this
more prominent, and therefore proposes to move it to the Trading Permit
and Tier Appointment Fees table and title it the Floor Broker VIX
Surcharge.
    Footnote 25 of the Exchange Fees Schedule also states that ``An
additional monthly fee of $3,000 per month will be assessed to any
Floor Broker Trading Permit Holder that executes more than 20,000 SPX
contracts during the month. If and to the extent that a Trading Permit
Holder or TPH organization has more than one Floor Broker Trading
Permit that is utilized to execute SPX options transactions, the SPX
executions of that Trading Permit Holder or TPH organization shall be
aggregated for purposes of determining this additional monthly fee and
the Trading Permit Holder or TPH organization shall be charged a single
$3,000 fee for the combined SPX executions through those Floor Broker
Trading permits if the executions exceed 20,000 contracts per month.
For purposes of determining the 20,000 contracts per month threshold,
SRO executions are excluded for purposes of the calculation of executed
SPX contracts during the month.'' The Exchange desires to make this
more prominent, and therefore proposes to move it to the Trading Permit
and Tier Appointment Fees table and title it the Floor Broker SPX
Surcharge.
    The Exchange noticed that the origin code ``B'' is erroneously
listed as corresponding to the Floor Broker Trading Permit on the
Trading Permit and Tier Appointment Fees table and therefore proposes
to delete this listing. Also, the Exchange proposes to add ``Floor
Broker'' as an origin to this table, as the table lists some fees that
are applicable to floor brokers. Finally, the Exchange proposes to
split up the ``Regulatory Fees'' table on the Fees Schedule (and add
the word ``continued'' at the top of the 2nd portion of the table) in
order to better fit such table on the Fees Schedule.
    The purpose of the changes proposed herein is to fix erroneous and
obsolete references in the Exchange Fees Schedule and make the Fees
Schedule more clear and less confusing for investors.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\5\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \6\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Fixing erroneous and obsolete references in the Exchange Fees Schedule
and making the Fees Schedule more clear and less confusing for
investors is designed to eliminate potential investor confusion,
thereby removing impediments to and perfecting the mechanism of a free
and open market and a national market system, and, in general,
protecting investors and the public interest.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \7\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers, as this newly-cleaned-up Fees
Schedule is available to all market participants.
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed rule change will not impose an unnecessary burden on
intramarket competition because no substantive changes were made to the
Fees Schedule and the newly-cleaned-up Fees Schedule is available to
all market participants. The Exchange believes that

the proposed rule change will not impose an unnecessary burden on
intermarket competition because no substantive changes were made to the
Fees Schedule and because this Fees Schedule only applies to Exchange
fees. To the extent that the newly-cleaned-up Fees Schedule may be
attractive to market participants on other exchanges, such market
participants may always elect to become CBOE market participants.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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 \8\ and paragraph (f) of Rule 19b-4 \9\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CBOE-2013-042 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-CBOE-2013-042. 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 St NE.,
Washington DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices 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-CBOE-2013-042,
and should be submitted on or before May 20, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Elizabeth M. Murphy,
Secretary.
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    \10\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2013-10014 Filed 4-26-13; 8:45 am]
BILLING CODE 8011-01-P