[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Rules and Regulations]
[Pages 71942-71944]
[FR Doc No: 2015-29448]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket No. USCG-2015-0320]
RIN 1625-AA00

Safety Zone; Titan SPAR, Mississippi Canyon 941, Outer
Continental Shelf on the Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone around the Titan
SPAR system, located in Mississippi Canyon Block 941 on the Outer
Continental Shelf (OCS) in the Gulf of Mexico. The purpose of the
safety zone is to protect the facility from all vessels operating
outside the normal shipping channels and fairways that are not
providing services to or working with the facility. Placing a safety
zone around the facility will significantly reduce the threat of
allisions, collisions, security breaches, oil spills, releases of
natural gas, and thereby protect the safety of life, property, and the
environment.

DATES: This rule is effective December 18, 2015.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0320 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Rusty Wright, U.S. Coast Guard, District Eight
Waterways Management Branch; telephone<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
SPAR A large diameter, vertical cylinder supporting a deck
USCG United States Coast Guard

II. Background Information and Regulatory History

    Bennu Oil and Gas requested that the Coast Guard establish a safety
zone extending 500 meters (1640.4 feet) from each point on the Titan
SPAR facility structure's outermost edge located in the deepwater area
of the Gulf of Mexico on the OCS. The purpose of the safety zone is to
protect the facility from all vessels operating outside the normal
shipping channels and fairways that are not providing services to or
working with the facility. Therefore, on July 24, 2015 we published a
NPRM with a request for comments entitled, ``Safety Zones: Titan SPAR,
Mississippi Canyon 941, Outer Continental Shelf on the Gulf of Mexico''
in the Federal Register (80 FR 43998). We received no comments on the
NPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 14 U.S.C.
85, 43 U.S.C. 1333, Department of Homeland Security Delegation No.
0170.1, and Title 33, CFR part 147, which collectively permit the
establishment of safety zones for facilities located on the OCS for the
purpose of protecting life, property and the marine environment. The
Coast Guard has determined that a

safety zone is necessary to protect the facility from all vessels
operating outside the normal shipping channels and fairways that are
not providing services to or working with the facility. The purpose of
the rule is to significantly reduce the threat of allisions, oil
spills, and releases of natural gas, and thereby protect the safety of
life, property, and the environment.
    For the purpose of safety zones established under 33 CFR part 147,
the deepwater area is considered to be waters of 304.8 meters (1,000
feet) or greater depth extending to the limits of the Exclusive
Economic Zone (EEZ) contiguous to the territorial sea of the United
States and extending to a distance up to 200 nautical miles from the
baseline from which the breadth of the sea is measured. Navigation in
the vicinity of the safety zone consists of large commercial shipping
vessels, fishing vessels, cruise ships, tugs with tows and the
occasional recreational vessel. The deepwater area also includes an
extensive system of fairways.

IV. Discussion of Comments, Changes and the Final Rule

    As noted above, we received no comments on our NPRM published July
24, 2015. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
    This rule establishes a safety zone extending 500 meters (1640.4
feet) from each point on the Titan SPAR facility structure's outermost
edge. No vessel, except those attending the facility, or those less
than 100 feet in length and not engaged in towing will be permitted to
enter the safety zone without obtaining permission from Commander,
Eighth Coast Guard District or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on these statutes and executive orders, and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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.
E.O. 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 E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    This rule is not a significant regulatory action due to the
location of the Titan SPAR--on the Outer Continental Shelf--and its
distance from both land and safety fairways. Vessel traffic can pass
safely around the safety zone using alternate routes. Exceptions to
this rule include vessels measuring less than 100 feet in length
overall and not engaged in towing. Deviation to transit through the
safety zone may be requested. Such requests will be considered on a
case-by-case basis and may be authorized by the Commander, Eighth Coast
Guard District or a designated representative.

B. 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 received 0 comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would 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 Government

    A rule has implications for federalism under E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 an 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

(NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary
determination 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 the establishment of a safety zone
around an OCS Facility to protect life, property and the marine
environment. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. The
environmental analysis checklist supporting this determination and
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.

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 147

    Continental shelf, Marine safety, Navigation (water).

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

    Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and Department of
Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  147.865 to read as follows:

Sec.  147.865  Titan SPAR Facility Safety Zone.

    (a) Description. The Titan SPAR system is in the deepwater area of
the Gulf of Mexico at Mississippi Canyon 941. The facility is located
at 28[deg]02'02'' N. 89[deg]06'04'' W. and the area within 500 meters
(1640.4 feet) from each point on the facility structure's outer edge is
a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in
towing; or
    (3) A vessel authorized by the Commander, Eighth Coast Guard
District.

    Dated: October 27, 2015.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-29448 Filed 11-17-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Rules and Regulations]
[Pages 18803-18806]
[FR Doc No: 2013-06786]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30892; Amdt. No. 3527]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

DATES: This rule is effective March 28, 2013. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 28, 2013.

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

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

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

The Rule

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

Conclusion

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

List of Subjects in 14 CFR Part 97

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

    Issued in Washington, DC, on March 15, 2013.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

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

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

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

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

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

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

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

* * * Effective Upon Publication

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       AIRAC date             State                City                 Airport           FDC No.      FDC date                   Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
2-May-13...............  IL               Decatur..............  Decatur..............       3/8961      2/25/13  This NOTAM, published in TL 13-08, is
                                                                                hereby rescinded in its entirety.
2-May-13...............  CQ               Saipan Island........  Francisco C. Ada/           3/0121     3/4/2013  ILS OR LOC/DME RWY 7, Amdt 5D.
                                                                  Saipan Intl.
2-May-13...............  CA               Daggett..............  Barstow-Daggett......       3/0199     3/6/2013  VOR OR TACAN RWY 22, Amdt 10.
2-May-13...............  CA               Daggett..............  Barstow-Daggett......       3/0200     3/6/2013  RNAV (GPS) RWY 22, Amdt 2.
2-May-13...............  AZ               Taylor...............  Taylor...............       3/0203     3/6/2013  GPS RWY 21, Orig-A.
2-May-13...............  LA               Shreveport...........  Shreveport Downtown..       3/0222     3/4/2013  RNAV (GPS) RWY 14, Orig-A.
2-May-13...............  LA               Shreveport...........  Shreveport Downtown..       3/0223     3/4/2013  LOC RWY 14, Amdt 4D.
2-May-13...............  LA               Shreveport...........  Shreveport Downtown..       3/0224     3/4/2013  VOR RWY 14, Amdt 15.
2-May-13...............  FL               Cross City...........  Cross City...........       3/0418     3/6/2013  VOR RWY 31, Amdt 19.
2-May-13...............  FL               Cross City...........  Cross City...........       3/0419     3/6/2013  RNAV (GPS) A, Orig.
2-May-13...............  FL               Cross City...........  Cross City...........       3/0420     3/6/2013  RNAV (GPS) B, Orig.
2-May-13...............  FL               Cross City...........  Cross City...........       3/0421     3/6/2013  RNAV (GPS) RWY 31, Amdt 1.
2-May-13...............  OR               Eugene...............  Mahlon Sweet Field...       3/0443     3/4/2013  Takeoff Minimums and (Obstacle) DP,
                                                                                Amdt 7.
2-May-13...............  VA               West Point...........  Middle Peninsula Rgnl       3/0506     3/6/2013  RNAV (GPS) RWY 28, Orig-A.
2-May-13...............  KS               Pittsburg............  Atkinson Muni........       3/0685     3/4/2013  RNAV (GPS) RWY 34, Amdt 2.
2-May-13...............  KS               Pittsburg............  Atkinson Muni........       3/0686     3/4/2013  RNAV (GPS) RWY 22, Amdt 1.
2-May-13...............  KS               Pittsburg............  Atkinson Muni........       3/0687     3/4/2013  RNAV (GPS) RWY 4, Amdt 1A.
2-May-13...............  KS               Pittsburg............  Atkinson Muni........       3/0688     3/4/2013  RNAV (GPS) RWY 16, Amdt 2.
2-May-13...............  KS               Pittsburg............  Atkinson Muni........       3/0689     3/4/2013  VOR/DME RWY 4, Amdt 3C.
2-May-13...............  KY               Danville.............  Stuart Powell Field..       3/0779     3/4/2013  LOC/DME RWY 30, Amdt 1B.
2-May-13...............  PA               Somerset.............  Somerset County......       3/0804     3/4/2013  RNAV (GPS) RWY 25, Orig.
2-May-13...............  PA               Somerset.............  Somerset County......       3/0805     3/4/2013  LOC/NDB RWY 25, Amdt 4.
2-May-13...............  PA               Somerset.............  Somerset County......       3/0806     3/4/2013  RNAV (GPS) RWY 7, Orig.
2-May-13...............  WY               Worland..............  Worland Muni.........       3/0818     3/4/2013  VOR RWY 16, Amdt 6.
2-May-13...............  WY               Worland..............  Worland Muni.........       3/0819     3/4/2013  RNAV (GPS) RWY 16, Orig.
2-May-13...............  WY               Worland..............  Worland Muni.........       3/0820     3/4/2013  RNAV (GPS) RWY 34, Orig.
2-May-13...............  CA               San Diego............  Montgomery Field.....       3/0997     3/4/2013  ILS OR LOC RWY 28R, Amdt 4.
2-May-13...............  CA               San Diego............  Montgomery Field.....       3/0998     3/4/2013  RNAV (GPS) RWY 28R, Amdt 1.
2-May-13...............  GA               Atlanta..............  Fulton County Airport-      3/1121     3/4/2013  RNAV (RNP) Z RWY 8, Amdt 1.
                                                                  Brown Field.
2-May-13...............  MD               Westminster..........  Carroll County Rgnl/        3/1190     3/6/2013  RNAV (GPS) RWY 34, Amdt 1.
                                                                  Jack B Poage Field.
2-May-13...............  MD               Cambridge............  Cambridge-Dorchester.       3/1191     3/6/2013  NDB OR GPS RWY 34, Amdt 7A.
2-May-13...............  TN               Clarksville..........  Outlaw Field.........       3/1192     3/6/2013  VOR RWY 35, Amdt 15E.

2-May-13...............  TN               Clarksville..........  Outlaw Field.........       3/1193     3/6/2013  LOC RWY 35, Amdt 5E.
2-May-13...............  TN               Clarksville..........  Outlaw Field.........       3/1194     3/6/2013  RNAV (GPS) RWY 35, Orig.
2-May-13...............  TN               Clarksville..........  Outlaw Field.........       3/1195     3/6/2013  RNAV (GPS) RWY 17, Orig.
2-May-13...............  CO               Telluride............  Telluride Rgnl.......       3/1212     3/4/2013  RNAV (GPS) RWY 9, Orig.
2-May-13...............  AL               Tuskegee.............  Moton Field Muni.....       3/1351     3/6/2013  VOR A, Amdt 4.
2-May-13...............  CT               New Haven............  Tweed-New Haven......       3/1392     3/8/2013  ILS OR LOC RWY 2, Amdt 16.
2-May-13...............  NC               Greensboro...........  Piedmont Triad Intl..       3/1493     3/6/2013  VOR RWY 5R, Amdt 13A.
2-May-13...............  NC               Greensboro...........  Piedmont Triad Intl..       3/1494     3/6/2013  ILS OR LOC RWY 14, Amdt 18B.
2-May-13...............  NC               Greensboro...........  Piedmont Triad Intl..       3/1497     3/6/2013  RNAV (GPS) RWY 5R, Amdt 2B.
2-May-13...............  OK               Poteau...............  Robert S Kerr........       3/1498     3/6/2013  RNAV (GPS) RWY 18, Orig-A.
2-May-13...............  OK               Poteau...............  Robert S Kerr........       3/1499     3/6/2013  RNAV (GPS) RWY 36, Orig-A.
2-May-13...............  OK               Poteau...............  Robert S Kerr........       3/1500     3/6/2013  VOR/DME A, Orig.
2-May-13...............  MD               Stevensville.........  Bay Bridge...........       3/1867     3/6/2013  RNAV (GPS) RWY 11, Orig-A.
2-May-13...............  MD               Stevensville.........  Bay Bridge...........       3/1868     3/6/2013  RNAV (GPS) RWY 29, Orig.
2-May-13...............  MD               Frederick............  Frederick Muni.......       3/1973     3/8/2013  ILS OR LOC RWY 23, Amdt 5C.
2-May-13...............  MD               Frederick............  Frederick Muni.......       3/1974     3/8/2013  VOR A, Amdt 2B.
2-May-13...............  MD               Frederick............  Frederick Muni.......       3/1975     3/8/2013  RNAV (GPS) RWY 5, Orig.
2-May-13...............  MD               Frederick............  Frederick Muni.......       3/1977     3/8/2013  RNAV (GPS) Y RWY 23, Amdt 1A.
2-May-13...............  MD               Frederick............  Frederick Muni.......       3/1978     3/8/2013  RNAV (GPS) Z RWY 23, Orig-B.
2-May-13...............  ME               Bangor...............  Bangor Intl..........       3/2038     3/8/2013  RADAR 1, Amdt 4C.
2-May-13...............  WV               Bluefield............  Mercer County........       3/2387     3/8/2013  RNAV (GPS) RWY 23, Orig.
2-May-13...............  WV               Bluefield............  Mercer County........       3/2388     3/8/2013  VOR RWY 23, Amdt 9.
2-May-13...............  WV               Bluefield............  Mercer County........       3/2389     3/8/2013  VOR/DME RWY 23, Amdt 5.
2-May-13...............  WV               Bluefield............  Mercer County........       3/2390     3/8/2013  ILS OR LOC RWY 23, Amdt 15.
2-May-13...............  CA               Chico................  Chico Muni...........       3/2536     3/8/2013  RNAV (GPS) RWY 31R, ORIG.
2-May-13...............  CA               Chico................  Chico Muni...........       3/2537     3/8/2013  VOR/DME RWY 31R, Orig-E.
2-May-13...............  AZ               Casa Grande..........  Casa Grande Muni.....       3/2571     3/8/2013  ILS OR LOC/DME RWY 5, Amdt 6D.
2-May-13...............  AZ               Casa Grande..........  Casa Grande Muni.....       3/2572     3/8/2013  VOR RWY 5, Amdt 4B.
2-May-13...............  AZ               Casa Grande..........  Casa Grande Muni.....       3/2573     3/8/2013  GPS RWY 5, Orig-B.
2-May-13...............  AZ               Willcox..............  Cochise County.......       3/7758    2/27/2013  RNAV (GPS) RWY 3, Amdt 1.
2-May-13...............  AK               Fairbanks............  Fairbanks Intl.......       3/7821     3/6/2013  RNAV (GPS) RWY 20L, Orig-A.
2-May-13...............  AK               Anchorage............  Ted Stevens Anchorage       3/7880    2/27/2013  RNAV (GPS) RWY 7L, Amdt 2.
                                                                  Intl.
2-May-13...............  AZ               Tucson...............  Tucson Intl..........       3/7886    2/27/2013  RNAV (RNP) Y RWY 29R, Orig-B.
2-May-13...............  AZ               Tucson...............  Tucson Intl..........       3/7887    2/27/2013  RNAV (GPS) Z RWY 29R, Amdt 2B.
2-May-13...............  AZ               Flagstaff............  Flagstaff Pulliam....       3/8809     3/6/2013  VOR/DME RWY 21, Orig-B.
2-May-13...............  CO               Lamar................  Lamar Muni...........       3/9105    2/27/2013  RNAV (GPS) RWY 26, Orig-A.
2-May-13...............  CO               Lamar................  Lamar Muni...........       3/9106    2/27/2013  RNAV (GPS) RWY 36, Amdt 1.
2-May-13...............  CA               San Jose.............  Norman Y. Mineta San        3/9384    2/27/2013  RNAV (GPS) Y RWY 12L, Amdt 2.
                                                                  Jose Intl.
2-May-13...............  NE               Columbus.............  Columbus Muni........       3/9435     3/6/2013  VOR RWY 14, Amdt 14C.
2-May-13...............  NE               Columbus.............  Columbus Muni........       3/9436     3/6/2013  LOC/DME RWY 14, Amdt 8B.
2-May-13...............  NE               Columbus.............  Columbus Muni........       3/9437     3/6/2013  VOR/DME RWY 32, Amdt 3A.
2-May-13...............  NE               Columbus.............  Columbus Muni........       3/9438     3/6/2013  RNAV (GPS) RWY 14, Orig-B.

2-May-13...............  NE               Columbus.............  Columbus Muni........       3/9439     3/6/2013  Takeoff Minimums and (Obstacle) DP,
                                                                                Amdt 5.
2-May-13...............  NE               Columbus.............  Columbus Muni........       3/9440     3/6/2013  VOR RWY 32, Amdt 14B.
2-May-13...............  NE               Columbus.............  Columbus Muni........       3/9441     3/6/2013  RNAV (GPS) RWY 32, Orig-A.
2-May-13...............  WA               Snohomish............  Harvey Field.........       3/9674     3/6/2013  Takeoff Minimums and (Obstacle) DP,
                                                                                Amdt 1.
2-May-13...............  PA               Pottstown............  Heritage Field.......       3/9810    2/27/2013  GPS RWY 28, Orig-A.
2-May-13...............  PA               Pottstown............  Heritage Field.......       3/9811    2/27/2013  GPS RWY 10, Orig-A.
2-May-13...............  PA               Pottstown............  Heritage Field.......       3/9812    2/27/2013  VOR/DME A, Amdt 3B.
2-May-13...............  PA               Pottstown............  Heritage Field.......       3/9813    2/27/2013  LOC RWY 28, Amdt 2B.
2-May-13...............  MI               Iron Mountain          Ford.................       3/9905     3/4/2013  RNAV (GPS) RWY 1, Orig.
                                           Kingsford.
2-May-13...............  MI               Iron Mountain          Ford.................       3/9906     3/4/2013  RNAV (GPS) RWY 19, Orig.
                                           Kingsford.
2-May-13...............  MI               Iron Mountain          Ford.................       3/9907     3/4/2013  LOC/DME BC RWY 19, Amdt 13.
                                           Kingsford.
2-May-13...............  MI               Iron Mountain          Ford.................       3/9908     3/4/2013  ILS OR LOC RWY 1, Amdt 12A.
                                           Kingsford.
2-May-13...............  MI               Iron Mountain          Ford.................       3/9909     3/4/2013  VOR RWY 31, Amdt 16.
                                           Kingsford.
2-May-13...............  CT               New Haven............  Tweed-New Haven......       3/9974     3/8/2013  RNAV (GPS) RWY 2, Orig.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-06786 Filed 3-27-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Notices]
[Pages 12988-12990]
[FR Doc No: 2018-06012]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82905; File No. SR-NASDAQ-2018-021]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Transaction Fees at Rule 7018 To Charge No Transaction Fee for
Execution of Midpoint Extended Life Orders

March 20, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on March 9, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's transaction fees at
Rule 7018 to charge no transaction fee for execution of Midpoint
Extended Life Orders. While these amendments are effective upon filing,
the Exchange has designated the proposed amendments to be operative on
March 12, 2018.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
transaction fees at Rule 7018 to charge no transaction fee for
execution of Midpoint Extended Life Orders. On March 7, 2018, the
Commission approved the Exchange's proposal to adopt a new Order Type,
the Midpoint Extended Life Order.\3\ The Midpoint Extended Life Order
is an Order Type with a Non-Display Order Attribute that is priced at
the midpoint between the NBBO and that will not be eligible to execute
until the Holding Period of one half of a second has passed after
acceptance of the Order by the System. Once a Midpoint Extended Life
Order becomes eligible to execute by existing unchanged for the Holding
Period, the Order may only execute against other eligible Midpoint
Extended Life Orders. The Exchange will begin offer Midpoint Extended
Life Orders on March 12, 2018.\4\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 82825 (March 7,
2018) (SR-NASDAQ-2017-074) (pending publication in the Federal
Register).
    \4\ See http://www.nasdaqtrader.com/TraderNews.aspx?id=ETA2018-20.
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    Under Rule 7018, the Exchange assesses fees for Orders entered into
the Nasdaq System. The fees cover Orders in all three tapes and in
securities both priced $1 and above (Rule 7018(a)), and below $1 (Rule
7018(b)). The Exchange is proposing initially to not charge a
transaction fee for execution of Midpoint Extended Life Orders.
Allowing transactions to occur at no cost will promote use of the
Midpoint Extended Life Order, which will help bring liquidity in
Midpoint Extended Life Orders to the Exchange and promote market
quality. The Exchange plans to adopt fees for Midpoint Extended Life
Orders in the future and will do so through the SEC rulemaking
process.\5\ Accordingly, the Exchange is proposing to amend Rule
7018(a)(1)-(3) to note that members executing a Midpoint Extended Life
Order will be

assessed a charge of $0.0000 per share executed. The Exchange is
amending Rule 7018(b) to note that members executing a Midpoint
Extended Life Order will be assessed a charge of 0.0% of the total
transaction cost.\6\ The Exchange is also adding rule text to an
existing fee under Rule 7018(b) to make it clear that Midpoint Extended
Life Orders are excluded from the fee.
---------------------------------------------------------------------------

    \5\ Id.
    \6\ Unlike fees for transactions in securities price at $1 or
greater, which are assessed on a per share executed basis, fees for
transactions in securities less than $1 are assessed fees based on a
percentage of the total transaction cost.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\8\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility, and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that not charging a fee for executions in
Midpoint Extended Life Orders is reasonable because the Exchange does
not currently charge for transactions in other Orders under Rule 7018.
Specifically, the exchange does not charge a fee for transactions in
Orders with a RTFY routing Order Attribute.\9\ Such an Order must meet
the definition of Designated Retail Order, which requires, among other
things, that the Order not originate from a trading algorithm or any
other computerized methodology.\10\ Thus, allowing transactions of the
RTFY Order Attribute at no cost is designed to promote the Exchange as
a venue for retail investor Orders. Likewise, the Exchange is proposing
to allow transactions in Midpoint Extended Life Orders at no cost to
promote use of such Orders and consequently the quality of the market
in Midpoint Extended Life Orders. As discussed extensively in its
proposal,\11\ the Exchange believes that the Midpoint Extended Life
Order is consistent with the Act because it is emblematic of a core
function of a national securities exchange, namely matching buyers and
sellers of securities on a transparent and well-regulated market, and
helping these buyers and sellers come together to receive the best
execution possible. The Exchange achieves this by permitting Midpoint
Extended Life Orders to execute solely against other Midpoint Extended
Life Orders at the midpoint of the NBBO in return for providing market-
improving behavior in the form of a longer-lived midpoint order.
Accordingly, the Exchange believes that allowing transactions of
Midpoint Extended Life Orders at no cost is reasonable.
---------------------------------------------------------------------------

    \9\ RTFY is a routing option available for an order that
qualifies as a Designated Retail Order under which orders check the
System for available shares only if so instructed by the entering
firm and are thereafter routed to destinations on the System routing
table. If shares remain unexecuted after routing, they are posted to
the book. Once on the book, should the order subsequently be locked
or crossed by another market center, the System will not route the
order to the locking or crossing market center. RTFY is designed to
allow orders to participate in the opening, reopening and closing
process of the primary listing market for a security. See Rule
4758(a)(1)(A)(v)b.
    \10\ See Rule 7018.
    \11\ See note 3, supra.
---------------------------------------------------------------------------

    The Exchange also believes that not charging a fee for executions
in Midpoint Extended Life Order is an equitable allocation and is not
unfairly discriminatory because the Exchange will apply the same fee to
all similarly situated members. The Midpoint Extended Life Order may be
used by any market participant that is willing to satisfy the
requirements of the Order Type and therefore qualify for the proposed
zero fee tiers. Moreover, members not interested in using Midpoint
Extended Life Orders will continue to have the ability to enter
midpoint Orders in the Nasdaq System, which have both fees and credits
associated with their execution.\12\ As noted above, the Exchange
intends to assess fees for transactions in Midpoint Extended Life
Orders in the near future,\13\ once it has had time to assess the
nature of the market in Midpoint Extended Life Orders to determine the
appropriate fee. Accordingly, the proposed fee does not discriminate in
any way.
---------------------------------------------------------------------------

    \12\ Based on whether the member is removing or adding
liquidity. See Rule 7018(a)(b).
    \13\ Any fee change will be made by the rule change filing
process with the Commission.
---------------------------------------------------------------------------

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 not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited.
    In this instance, the proposal to assess no fee for executions of
Midpoint Extended Life Orders will not place any burden on competition,
but rather will help launch the proposed new Order Type by making it
attractive to members that seek to execute at the midpoint with like-
minded members. To the extent the proposal is successful in promoting
liquidity in Midpoint Extended Life Orders, other markets may be
incented to provide a competitive response by innovating like the
Exchange has done in this instance. To the extent the proposal is not
successful in promoting liquidity in Midpoint Extended Life Orders, it
would have no meaningful impact on competition as few transactions in
Midpoint Extended Life Orders would occur. In sum, if the proposal to
assess no fees for executions of Midpoint Extended Life Orders is
unattractive to market participants, it is likely that the Exchange
will not gain any market share as a result and therefore no competitive
impact. Accordingly, the Exchange does not believe that the proposed
changes will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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)(ii) of the Act.\14\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in

the public interest; (ii) for the protection of investors; or (iii)
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

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 protected]. Please include
File Number SR-NASDAQ-2018-021 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2018-021. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2018-021, and should be submitted
on or before April 16, 2018.

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

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-06012 Filed 3-23-18; 8:45 am]
 BILLING CODE 8011-01-P