[Federal Register: April 3, 2007 (Volume 72, Number 63)]
[Notices]
[Page 15928-15929]
[DOCID:fr03ap07-100]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55545; File No. SR-NYSE-2007-12]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Granting Accelerated Approval to a Proposed Rule Change as Modified by
Amendment No. 1 To Amend Section 703.16 of the NYSE Listed Company
Manual To Eliminate Requirement Regarding Index Weighting and
Calculation Methodology

March 27, 2007.

I. Introduction

    On February 5, 2007, the New York Stock Exchange LLC (``NYSE'' or
``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
proposal to amend Section 703.16 of the NYSE Listed Company Manual
(``NYSE Manual''), the Exchange's generic listing standard for
investment company units (``ICUs''),\3\ to eliminate the requirement
that the weighting and calculation methodology for the index underlying
a series of ICUs must be one of those specified in Section
703.16(C)(4)(a). On February 15, 2007, the NYSE submitted Amendment No.
1 to the proposed rule change. The proposed rule change was published
for comment in the Federal Register on March 5, 2007 for a 15-day
comment period.\4\ The Commission received no comments regarding the
proposal. This order approves the proposed rule change, as modified by
Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ An ICU is defined in Section 703.16 of the NYSE Manual as a
security that represents an interest in a registered investment
company that could be organized as a unit investment trust, an open-
end management investment company, or a similar entity. A registered
investment company is registered under the Investment Company Act of
1940, 15 U.S.C. 80a et seq.
    \4\ See Securities Exchange Act Release No. 55343 (February 23,
2007), 72 FR 9814.
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange has proposed to amend its ``generic'' listing standard
pursuant to Rule 19b-4(e) under the Act \5\ for ICUs (which include
exchange-traded funds) to eliminate the requirement that an eligible
index be calculated and weighted according to a specific methodology.
---------------------------------------------------------------------------

    \5\ 17 CFR 240.19b-4(e).
---------------------------------------------------------------------------

    The Exchange currently has listing and trading standards, which
permit the Exchange either to list and trade ICUs or trade such ICUs on
the Exchange on an unlisted trading privileges (``UTP'') basis, subject
to the procedures contained in Rule 19b-4(e) under the Act.\6\ The
existence of generic listing standards allows qualifying ICUs to list
or trade without the need to file a rule change for each security.
Section 703.16(C)(4)(a) of the NYSE Manual requires that, if a series
of ICUs is listed for trading on the Exchange in reliance upon Rule
19b-4(e) under the Act,\7\ the index underlying the series must follow
a market capitalization, modified market capitalization, price, equal-
dollar, or modified equal-dollar weighting methodology, or alternately,
a methodology weighting components of the index based on any, some or
all of the following: Sales, cash flow, book value and dividends. The
proposed rule change would eliminate this standard, and, as a result,
the Exchange would no longer consider index methodology in its review
of an ICU's eligibility for listing and trading pursuant to Rule 19b-
4(e) under the Act.\8\
---------------------------------------------------------------------------

    \6\ See Section 703.16 of the NYSE Manual.
    \7\ 17 CFR 240.19b-4(e).
    \8\ 17 CFR 240.19b-4(e).
---------------------------------------------------------------------------

III. Discussion

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange \9\ and, in particular, the requirements of Section 6 of the
Act.\10\ Specifically, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\11\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As the market for ICUs has expanded, the variety of weighting and
calculation methodologies for underlying indexes has grown, limiting
the applicability of NYSE's current generic listing standards for ICUs.
The Commission believes that eliminating the index methodology
requirement from the Exchange's generic listing standards for ICUs will
facilitate bringing ICUs based on indexes with nontraditional weighting
techniques to the market, encourage innovation in index construction,
reduce costs to issuers and other market participants, and promote
competition.
    The Commission believes that these goals may be furthered without
compromising investor protection. The Commission notes that the
numerical criteria in Section 703.16(C) of the NYSE Manual addressing
concentration, diversity, and liquidity of an underlying index's
components would continue to apply. For example, the generic listing
standards for domestic indexes will continue to require, without
limitation, that the most heavily weighted component stock of an index
not exceed 30% of the weight of the index, and the five most heavily
weighted component stocks of an index not exceed 65% of the weight of
the index,\12\ and that an index include a minimum of 13 component
stocks.\13\ In addition, component stocks that in the aggregate account
for at least 90% of the weight of the index must have a market value of
at least $75 million and minimum monthly trading volume of at least
250,000 shares for each of the last six months.\14\ Similarly, the
generic listing standards for international or global indexes require,
without limitation, that the most heavily weighted component stock of
an index not exceed 25% of the weight of the index, and the five most
heavily weighted component stocks of an index not exceed 60% of the
weight of the index,\15\ and that an index include a minimum of 20
component stocks.\16\ Component stocks that in the aggregate account
for at least 90% of the weight of the index must have a market value of
at least $100 million and minimum monthly trading volume of at least
250,000 shares for each of the last

six months.\17\ Therefore, the Commission believes that indexes
underlying ICUs will continue to be sufficiently broad-based in scope
to minimize potential manipulation. Additionally, ICUs and their
underlying indexes would continue to be subject to all other
requirements of Section 703.16 of the NYSE Manual.
---------------------------------------------------------------------------

    \12\ See Section 703.16(C)(2)(a)(iii) of the NYSE Manual.
    \13\ See Section 703.16(C)(2)(a)(iv) of the NYSE Manual.
    \14\ See Section 703.16(C)(2)(a)(i) and (a)(ii) of the NYSE
Manual.
    \15\ See Section 703.16(C)(2)(b)(iii) of the NYSE Manual.
    \16\ See Section 703.16(C)(2)(b)(iv) of the NYSE Manual.
    \17\ See Section 703.16(C)(2)(b)(i) and (b)(ii) of the NYSE
Manual.
---------------------------------------------------------------------------

    The Commission believes that accelerating approval of the proposed
rule change would enable the Exchange and issuers to immediately
benefit from the expected efficiencies resultant from this proposed
rule change without delay while at the same time still ensuring
adequate protection for investors and the public in general. The
Commission notes that NYSE's proposal substantively tracks a recently
approved rule change by the American Stock Exchange LLC \18\ and raises
no new regulatory issues. Thus, the Commission finds good cause,
consistent with Section 19(b)(2) of the Act,\19\ to grant accelerated
approval of the proposed rule change, as amended, prior to the
thirtieth day after the notice is published for comment in the Federal
Register.
---------------------------------------------------------------------------

    \18\ See Securities Exchange Act Release No. 55544 (March 27,
2007). NYSE Arca, Inc. has also proposed a parallel rule change,
which the Commission is approving concurrently with this one. See
Securities Exchange Act Release No. 55546 (March 27, 2007).
    \19\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\20\ that the proposed rule change (SR-NYSE-2007-12), as modified
by Amendment No. 1, be, and is hereby approved on an accelerated basis.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-6084 Filed 4-2-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Pages 38599-38601]
[FR Doc No: 2016-14027]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0389]
RIN 1625-AA00

Safety Zone; Ohio River Mile 43.2 to Mile 43.6, East Liverpool,
OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Ohio River from mile 43.2 to mile 43.6. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created from a barge-based fireworks
display. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Pittsburgh.

DATES: This rule is effective on July 2, 2016, from 9 p.m. until 10:30
p.m.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0389 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh,
U.S. Coast Guard, at telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5

U.S.C. 553(b)). This provision authorizes an agency to issue a rule
without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because the Coast Guard received notice on April 26, 2016 that
this fireworks display would take place. After receiving and fully
reviewing the event information, circumstances, and exact location, the
Coast Guard determined that a safety zone is necessary to protect
personnel, vessels, and the marine environment from potential hazards
created from a barge-based fireworks display on the navigable waterway.
It would be impracticable to complete the full NPRM process for this
safety zone because it needs to be established by July 2, 2016. The
fireworks display has been advertised and the local community has
prepared for the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For these same reasons, the Coast
Guard finds good cause for implementing this rule less than thirty days
before the effective date of the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Pittsburgh (COTP) has determined that a
safety zone is needed on July 2, 2016. This rule is needed to protect
personnel, vessels, and the marine environment from potential hazards
created from a barge-based fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone on July 2, 2016 from 10:00 p.m.
until 11:30 p.m. The safety zone will cover all navigable waters on the
Ohio River from mile 43.2 to mile 43.6. The duration of the safety zone
is intended to protect personnel, vessels, and the marine environment
from potential hazards created from a barge-based firework display. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone impacts a
small portion of the waterway and for a limited duration of less than
two hours. Vessel traffic will be informed about the safety zone
through local notices to mariners. Moreover, the Coast Guard will issue
Broadcast Notices to Mariners via VHF-FM marine channel 16 about the
zone and the rule allows vessels to seek permission to transit the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. 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 expenditure, we

do discuss the effects of this rule elsewhere in this preamble.

F. 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, (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting less than two hours that will
prohibit entry on the Ohio River between mile 43.2 and mile 43.6,
during the barge-based firework event. It is categorically excluded
from further review under paragraph 34 (g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-0389 to read as follows:

Sec.  165.T08-0389  Safety Zone, Ohio River, East Liverpool, OH.

    (a) Location. The following area is a safety zone: Ohio River mile
43.2 to mile 43.6.
    (b) Enforcement. This rule will be enforced, from 10:00 p.m. until
11:30 p.m. on July 2, 2016.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Pittsburgh or a designated
representative.
    (2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Pittsburgh or
a designated representative. The Captain of the Pittsburgh
representative may be contacted at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh or their designated representative.
Designated Captain of the Port representatives include United States
Coast Guard commissioned, warrant, and petty officers.
    (d) Information broadcasts. The Captain of the Port Pittsburgh or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.

    Dated: May 27, 2016.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Acting Captain of the Port Pittsburgh.
[FR Doc. 2016-14027 Filed 6-13-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Notices]
[Page 75151-75154]
[DOCID:fr10de08-101]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59045; File No. SR-NYSEALTR-2008-09]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Alternext U.S. LLC To
Adopt a Price List for Equity Transactions after the Relocation of NYSE
Alternext Equities Trading and To Establish Certain Other Fees

December 3, 2008.
    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 November 28, 2008, NYSE Alternext U.S. LLC (the ``Exchange''
or ``NYSE Alternext'') 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 adopt a new equities pricing schedule
applicable to NYSE Alternext members after the relocation of all
equities trading currently conducted on or through the American Stock
Exchange legacy trading systems and facilities located at 86 Trinity
Place, New York, New York, to the NYSE trading facilities and systems
located at 11 Wall Street, New York, New York (the ``NYSE Alternext
Trading Systems''), which will be operated by the NYSE on behalf of
NYSE Alternext (the ``Equities Relocation'') and to make changes to the
NYSE Alternext U.S. Price List to reflect the fact that it will relate
only to options trading after the Equities Relocation (to be renamed
the ``NYSE Alternext Options Price List''). The text of the proposed
rule change is available on the Exchange's Web site (http://
www.amex.com), 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 self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. NYSE Alternext 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
    NYSE Alternext proposes to adopt a new pricing schedule (the ``NYSE
Alternext Equities Price List'') applicable to Exchange members
engaging in equities transactions after the Equities Relocation and to
make changes to the NYSE Alternext U.S. Price List to reflect the fact
that it will relate only to options trading after the Equities
Relocation and will be renamed the NYSE Alternext Options Price List.
    While the specific amounts of the transaction fees and credits are
different on the proposed NYSE Alternext Equities Price List from those
on the NYSE price list, the proposed NYSE Alternext Equities Price List
has been structured so as to be generally similar to the NYSE Price
List. This is particularly appropriate because member organizations of
NYSE Alternext that trade equities after the Equities Relocation and
NYSE member organizations will all become member organizations of both
exchanges at the time of the Equities Relocation. This dual membership
structure will allow all member organizations to trade on both
exchanges and makes it desirable to harmonize the pricing structures of
the two exchanges as much as possible.
Equity Transaction Fees
    Member organizations other than Designated Market Makers (``DMMs'')
will be subject to the following schedule of fees and rebates with
respect to transactions in equity securities \3\ with a trading price
of $1.00 or more:
---------------------------------------------------------------------------

    \3\ Equity transaction fees apply to transactions in rights,
warrants and closed end funds.

Equity per Share Credit--per transaction--  $0.0015.
 when adding liquidity.
Agency cross trades (i.e., a trade where a  No Charge.
 Member Organization has customer orders
 to buy and sell an equivalent amount of
 the same security) of 10,000 shares or
 more.
Non-electronic agency transactions of       No Charge.
 10,000 shares or more between floor
 brokers in the crowd.
At the opening or at the opening only       No Charge.
 orders.
Equity per Share Charge--per transaction    $0.0010.
 (charged to both sides)--for all odd lot
 transactions (including the odd lot
 portions of partial round lots).
Equity per Share charge--market at-the-     $0.0005.
 close and limit at-the-close orders.
Equity per Share Charge--Agency cross       $0.0005.
 trades of less than 10,000 shares.
Equity per Share Charge for all other       $0.0025.
 transactions (i.e., when taking liquidity
 from the Exchange)--per transaction.
Routing Fee \4\--per share (except floor    $0.0030.
 brokers).
Routing Fee--per share (floor brokers)....  $0.0029.

    Member organizations other than DMMs will be subject to the
following schedule of fees and rebates with respect to transactions in
equity securities with a trading price less than $1.00:
---------------------------------------------------------------------------

    \4\ All routing fees set forth in the NYSE Alternext Equities
Price List apply to all orders routed from NYSE Alternext and
executed in another market. Routing Fees are in lieu of NYSE
Alternext transaction charges.

Equity per Share Charge when adding         No Charge.
 liquidity to the Exchange.
Equity per Share Charge when taking         0.25% of total dollar value
 liquidity from the Exchange--per            of the transaction.
 transaction.

Equity per Share Charge--Market at the      The lesser of (i) $0.0005
 Close and Limit at the Close Orders.        per share, and (ii) 0.25%
                                             of the total dollar value
                                             of the transaction.
Equity per Share Charge--per transaction    The lesser of (i) $0.0010
 (charged to both sides)--for all odd lot    per share, and (ii) 0.25%
 transactions (including the odd lot         of the total dollar value
 portions of partial round lots).            of the transaction.
Routing Fee--per share....................  0.3% of the total dollar
                                             value of the transaction.

    DMMs will be subject to the following schedule of fees and rebates
with respect to transactions in equity securities with a trading price
of $1.00 or more:

Equity per Share Charge when taking         $0.0015.
 liquidity from the Exchange.
Equity per Share Credit \5\ when adding     $0.0035.
 liquidity to the Exchange.
Executions at the opening.................  No Charge.
Equity per Share Credit--per transaction--  $0.0005.
 for all odd lot transactions (including
 the odd lot portions of partial round
 lots).
Equity per Share Credit for executions at   $0.0005.
 the close.
Routing Fee--per Share Charge.............  $0.0030.

    DMMs will be subject to the following schedule of fees and rebates
with respect to transactions in equity securities with a trading price
less than $1.00:
---------------------------------------------------------------------------

    \5\ Rebates will be applied when (i) Posting displayed and non-
displayed orders on Display Book, including s-quote and s-quote
reserve orders; (ii) when providing liquidity on non-displayed
interest using the Capital Commitment Schedule; or, prior to the
implementation of the Capital Commitment Schedule, using the
following message activities: Price improvement, size improvement
(PRIN FILL), matching away market quotes; (iii) when executing
trades in the crowd and at Liquidity Replenishment Points; and (iv)
when providing liquidity on market-at-the-close and limit-at-the-
close transactions. Rebates will not apply to executions at the
open.

Equity per Share Charge when taking         No Charge.
 liquidity from the Exchange.
Equity per Share Credit when adding         0.15% of the total dollar
 liquidity to the Exchange.                  value of the transaction.
Routing Fee--per Share Charge.............  0.3% of the total dollar
                                             value of the transaction.

    Each DMM will receive all of the market data quote revenue (the
``Quoting Share'') received by the Exchange from the Consolidated Tape
Association under the Revenue Allocation Formula of Regulation NMS with
respect to any security (with a trading price either above or below
$1.00) in any month in which the DMM meets the quoting requirement of
Rule 104(a)(1)(A) for that specific security. However the DMM quoting
requirement for securities trading below $1.00 will not come into
effect until after the first two months of operation.
    Crossing sessions. There will be no fees with respect to
transactions in Crossing Session I (single stocks) or Crossing Session
II (portfolios).
NYSE Alternext Bonds System
    Transactions on the NYSE Alternext Bonds System will be subject to
the following fee schedule:

Exchange-Sponsored Graphic User Interface   $5,000.00 per year.
 ``GUI''.
Execution Fee per bond for orders that
 take liquidity from the NYSE Alternext
 Bonds Book (effective through December
 31, 2008):
    Orders of one to ten (10) bonds.......  $0.50 per bond.
    Orders of eleven (11) to twenty-five    $0.20 per bond.
     (25) bonds.
    Orders of twenty-six (26) bonds or      $0.10 per bond.
     more.

    Transaction fees on bond transactions are subject to a $100.00
maximum fee per transaction (through December 31, 2008).
Floor Fees
    As NYSE Alternext equities trading will take place in the NYSE
trading facilities after the Equities Relocation, NYSE Alternext member
organizations conducting an equities trading business will pay the same
fees as NYSE member organizations in relation to their employees
working on the trading floor and equipment used on the trading floor.
The applicable charges are as follows:

Clerk Badge Fee:
    Annual Fee per Clerk..................  $1,000.00.
Radio Paging Service:
    Base charge (unit and first channel)..  $408.50.
    Each additional channel...............  $139.75.
Financial Vendor Services:
    Administrative Fee Per ITPN User \6\..  $480.00.
    Various Products......................  Direct Pass Through.\7\
Member Telephone Service:
Toll call amount billed by Verizon plus a
 per call surcharge on:
    Toll calls $0.69 and below............  $0.16.
    Toll calls greater than $0.69.........  $0.26.
Cellular Phones:

    Phone and Headset.....................  No Charge.
    Ongoing Maintenance--per phone........  $240.00.\8\
Booth Telephone System:
    Annual Telephone Line Charge..........  $400.00 per phone number.
    Single line phone, jack, and data jack  $129.00.
Service Charges \9\:
    Install single jack (voice or data)...  $161.25.
    Relocate jack.........................  $107.50.
    Remove jack...........................  $53.75.
    Install voice or data line............  $107.50.
    Disconnect data line..................  $53.75.
    Change phone line subscriber..........  $53.75.
Miscellaneous telephone charges \10\
Broker Subscriber Service:
    e-Broker Hand Held Device (annual       $5,000.00.
     charge per handheld device).
System Processing Fees
Online Comparison System (OCS):
Transaction Fees:
Next Day Submission (Adds or Adjustments)
 and Questioned Trade:
    Charge--per submission or questioned    $0.50.
     trade.
    Step Out Charge (Adds or Adjustments)-- $0.25.
     per transaction.
    Transactions submitted to the Exchange  $0.10.
     for trade date comparison (Adds)--per
     submission.
Merged Order Report:
Charge per copy (other than first copy):
    Machine Readable Output and Print       $3.00 per 1,000 records.
     Image Transmission.
    Hard Copy.............................  $4.50 per 1,000 lines.

Other Changes
---------------------------------------------------------------------------

    \6\ ITPN ``User'' is a member or person associated with a
member, who has been entitled to receive one or more third party
market data vendor service offerings via the Exchange's Integrated
Technology Program Network.
    \7\ Plus appropriate sales tax where applicable.
    \8\ Plus sales tax.
    \9\ The Exchange will make all efforts to perform services
during hours covered by the maintenance contract; however, tasks
performed during overtime hours will be billed at a rate of 25%
above the normal service charge.
    \10\ To be billed at $106 per hour in 15 minute increments.
---------------------------------------------------------------------------

    The sections of the NYSE Alternext U.S. Price List in place prior
to the Equities Relocation that set forth the Network B market data
fees and the equity listing fees are included in the proposed NYSE
Alternext Equities Price List. No changes are being made to any of
these fees in this filing. Pricing for Exchange publications, including
copies of the Exchange's Rule Book and Company Guide, will be included
in both the equities and options price lists going forward.

Options Price List

    The NYSE Alternext U.S. Price List in effect prior to the Equities
Relocation is being renamed the NYSE Alternext Options Price List. All
pricing information relating to the trading of securities other than
options is being deleted and either (i) moved to the NYSE Alternext
Equities Price List or replaced with new fees as discussed above or
(ii) eliminated as no longer relevant.\11\
---------------------------------------------------------------------------

    \11\ Pricing for Exchange Traded Fund and Exchange Traded Notes
is eliminated because those securities will not be traded on the
Exchange after the Relocation. Similarly, the Exchange will not
facilitate UTP trading after the Relocation, so the pricing for the
New UTP Trading Platform is no longer relevant. Consistent with the
NYSE Price List, the NYSE Alternext U.S. Equities Price List will
not make reference to Section 31 fees collected by the Exchange for
payment to the Commission.
---------------------------------------------------------------------------

Regulatory Fees
    NYSE Alternext Equities Rule 2 provides that, at the time of the
Equities Relocation, all NYSE member organizations will automatically
become NYSE Alternext member organizations. By acquiring NYSE Alternext
membership, the NYSE member organizations that were not previously NYSE
Alternext members would become subject to the NYSE Alternext
registration fees for all of their employees who serve as registered
representatives. As these NYSE member organizations that have no NYSE
Alternext business prior to the Equities Relocation will become NYSE
Alternext members without any action on their own part, NYSE Alternext
will waive the application of its registered representative fees to
those firms for the month of December. NYSE Alternext expects to submit
a filing to adopt a revised registered representative fee commencing
January 1, 2009.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 \12\ of the Act in particular, in that
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 believes that the proposal does not
constitute an inequitable allocation of dues, fees and other charges as
the same fees will be charged to all member organizations.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
---------------------------------------------------------------------------

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

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

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \13\ of the Act and Rule 19b-4(f)(2) \14\
thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEALTR-2008-09 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-NYSEALTR-2008-09. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEALTR-2008-09 and should be submitted on or before
December 31, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-29137 Filed 12-9-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Proposed Rules]
[Pages 32510-32511]
[FR Doc No: 2017-14772]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Chapter I

46 CFR Chapters I and III

49 CFR Chapter IV

[Docket No. USCG-2017-0665]

Towing Safety Advisory Committee--Input To Support Regulatory
Reform of Coast Guard Regulations--New Task

AGENCY: U.S. Coast Guard, Department of Homeland Security.

ACTION: Announcement of new task assignment for the Towing Safety
Advisory Committee (TSAC); teleconference meeting.

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

SUMMARY: The U.S. Coast Guard is issuing a new task to the Towing
Safety Advisory Committee (TSAC). The U.S. Coast Guard is asking TSAC
to help the agency identify existing regulations, guidance, and
collections of information (that fall within the scope of the
Committee's charter) for possible repeal, replacement, or modification.
This tasking is in response to the issuance of Executive Orders 13771,
``Reducing Regulation and Controlling Regulatory Costs; 13777,
``Enforcing the Regulatory Reform Agenda;'' and 13783, ``Promoting
Energy Independence and Economic Growth.'' The full Committee is
scheduled to meet by teleconference on August 2, 2017, to discuss this
tasking. This teleconference will be open to the public. The U.S. Coast
Guard will consider TSAC recommendations as part of the process of
identifying regulations, guidance, and collections of information to be
repealed, replaced, or modified pursuant to the three Executive Orders
discussed above.

DATES: The full Committee is scheduled to meet by teleconference on
August 2, 2017, from 1 p.m. to 2:30 p.m. EDT. Please note that this
teleconference may adjourn early if the Committee has completed its
business.

ADDRESSES: To join the teleconference or to request special
accommodations, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section no later than 1 p.m. on July 28, 2017. The
number of teleconference lines is limited and will be available on a
first-come, first-served basis.
    Instructions: Submit comments on the task statement at any time,
including orally at the teleconference, but if you want Committee
members to review your comments before the teleconference, please
submit your comments no later than July 28, 2017.
    You must include the words ``Department of Homeland Security'' and
the docket number for this action. Written comments may also be
submitted using the Federal e-Rulemaking Portal at http://www.regulations.gov. If you encounter technical difficulties with
comment submission, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section of this notice. Comments received will be
posted without alteration at http://www.regulations.gov, including any
personal information provided. You may review Regulations.gov's Privacy
and Security Notice at https://www.regulations.gov/privacyNotice.
    Docket Search: For access to the docket or to read documents or
comments related to this notice, go to http://www.regulations.gov,
insert ``USCG-2017-0665'' in the Search box, press Enter, and then
click on the item you wish to view.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander William Nabach,
Alternate Designated Federal Officer of the Towing Safety Advisory
Committee, telephone<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

New Task to the Committee

    The U.S. Coast Guard is issuing a new task to TSAC to provide
recommendations on whether existing regulations, guidance, and
information collections (that fall within the scope of the Committee's
charter) should be repealed, replaced, or modified. TSAC will then
provide advice and recommendations on the assigned task and submit a
final recommendation report to the U.S. Coast Guard.

Background

    On January 30, 2017, President Trump issued Executive Order 13771,
``Reducing Regulation and Controlling Regulatory Costs.'' Under that
Executive Order, for every one new regulation issued, at least two
prior regulations must be identified for elimination, and the cost of
planned regulations must be prudently managed and controlled through a
budgeting process. On February 24, 2017, the President issued Executive
Order 13777, ``Enforcing the Regulatory Reform Agenda.'' That Executive
Order directs agencies to take specific steps to identify and alleviate
unnecessary regulatory burdens placed on the American people. On March
28, 2017, the President issued Executive Order 13783, ``Promoting
Energy Independence and Economic Growth.'' Executive Order 13783
promotes the clean and safe development of our Nation's vast energy
resources, while at the same time avoiding agency actions that
unnecessarily encumber energy production.
    When implementing the regulatory offsets required by Executive
Order 13771, each agency head is directed to prioritize, to the extent
permitted by law, those regulations that the agency's Regulatory Reform
Task Force identifies as outdated, unnecessary, or ineffective in
accordance with Executive Order 13777. As part of this process to
comply with all three Executive Orders, the U.S. Coast Guard is
reaching out through multiple avenues to interested individuals to
gather their input about what regulations, guidance, and information
collections, they believe may need to be repealed, replaced, or
modified. On June 8, 2017, the U.S. Coast Guard issued a general notice
in the Federal Register requesting comments from interested individuals
regarding their recommendations, 82 FR 26632. In addition to this
general solicitation, the U.S. Coast Guard also

wants to leverage the expertise of its Federal Advisory Committees and
is issuing similar tasks to each of its Committees. A detailed
discussion of each of the Executive orders and information on where
U.S. Coast Guard regulations, guidance, and information collections are
found is in the June 8th notice.

The Task

    TSAC is tasked to:

    Provide input to the U.S. Coast Guard on all existing
regulations, guidance, and information collections that fall within
the scope of the Committee's charter.
    1. One or more subcommittees/working groups, as needed, will be
established to work on this tasking in accordance with the Committee
charter and bylaws. The subcommittee(s) shall terminate upon the
approval and submission of a final recommendation to the U.S. Coast
Guard from the parent Committee.
    2. Review regulations, guidance, and information collections and
provide recommendations whether an existing rule, guidance, or
information collection should be repealed, replaced or modified. If
the Committee recommends modification, please provide specific
recommendations for how the regulation, guidance, or information
collection should be modified. Recommendations should include an
explanation on how and to what extent repeal, replacement or
modification will reduce costs or burdens to industry and the extent
to which risks to health or safety would likely increase.
    a. Identify regulations, guidance, or information collections
that potentially impose the following types of burden on the
industry:
    i. Regulations, guidance, or information collections imposing
administrative burdens on the industry.
    ii. Regulations, guidance, or information collections imposing
burdens in the development or use of domestically produced energy
resources. ``Burden,'' for the purposes of compliance with Executive
Order 13783, means ``to unnecessarily obstruct, delay, curtail, or
otherwise impose significant costs on the siting, permitting,
production, utilization, transmission, or delivery of energy
resources.''
    b. Identify regulations, guidance, or information collections
that potentially impose the following types of costs on the
industry:
    i. Regulations, guidance, or information collections imposing
costs that are outdated (such as due to technological advancement),
or are no longer necessary.
    ii. Regulations, guidance, or information collections imposing
costs which are no longer enforced as written or which are
ineffective.
    iii. Regulations, guidance, or information collections imposing
costs tied to reporting or recordkeeping requirements that impose
burdens that exceed benefits. Explain why the reporting or
recordkeeping requirement is overly burdensome, unnecessary, or how
it could be modified.
    c. Identify regulations, guidance, and information collections
that the Committee believes have led to the elimination of jobs or
inhibits job creation within a particular industry.
    3. All regulations, guidance, and information collections, or
parts thereof, recommended by the Committee should be described in
sufficient detail (by section, paragraph, sentence, clause, etc.) so
that it can readily be identified. Data (quantitative or
qualitative) should be provided to support and illustrate the
impact, cost, or burden, as applicable, for each recommendation. If
the data is not readily available, the Committee should include
information as to how such information can be obtained either by the
Committee or directly by the Coast Guard.

Public Participation

    All meetings associated with this tasking, both full Committee
meetings and subcommittee/working groups, are open to the public. A
public oral comment period will be held during the August 2, 2017,
teleconference. Public comments or questions will be taken at the
discretion of the Designated Federal Officer; commenters are requested
to limit their comments to 3 minutes. Please contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section, to register as a
commenter. Subcommittee meetings held in association with this tasking
will be announced as they are scheduled through notices posted to able
at: http://homeport.uscg.mil/tsac and uploaded as supporting documents
in the electronic docket for this action, [USCG-2017-0665], at
Regulations.gov.

J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2017-14772 Filed 7-13-17; 8:45 am]
 BILLING CODE 9110-04-P