[Federal Register Volume 84, Number 65 (Thursday, April 4, 2019)]
[Notices]
[Pages 13382-13384]
[FR Doc No: 2019-06512]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85453; File No. SR-BOX-2019-08]

Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Allow for
Replacement Issues To Be Added to the Penny Pilot Program (``Pilot
Program'') on a Quarterly Basis

March 29, 2019.
    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 22, 2019, BOX Exchange LLC (the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Commission is
publishing this notice to solicit comments on the proposed rule 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 BOX Rule 7260 (Penny Pilot Program)
to allow for replacement issues to be added to the Pilot Program on a
quarterly basis, without altering the expiration date of the Pilot
Program, which is June 30, 2019. The text of the proposed rule change
is available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's internet
website at http://boxoptions.com.

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

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

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

1. Purpose
    The Exchange proposes to amend BOX Rule 7260 (Penny Pilot Program)
to allow for replacement issues to be added to the Pilot Program on a
quarterly basis, without altering the expiration date of the Pilot
Program. This is a competitive filing that is based on a proposal
recently submitted by NYSE American LLC (``NYSEAMER'').\3\
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    \3\ See Securities Exchange Act Release No. 34-85348 (March 18,
2019) (Order Approving SR-NYSEAMER-2019-05).
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    The Exchange recently filed to extend the Pilot Program until June
30, 2019 (from December 31, 2018) and also updated the rule text to
provide that replacement issues may be added to the Pilot on the second
trading day following January 1, 2019.\4\ The Rule

authorizes the Exchange to replace any options issues in the Pilot
Program that have been delisted with the next most actively traded
multiply listed options classes that are not yet included in the Pilot
Program, based on trading activity in the previous six months.\5\ The
Exchange proposes to modify BOX Rule 7260 to allow the Exchange to add
replacement issues (for Pilot issues that have been delisted) on a
quarterly basis. The Exchange added replacement issues in January 2019
and would be eligible to add replacement issues in April, July, and
October. The Exchange believes this change would allow the Exchange to
update issues eligible for the Pilot Program (by replacing delisted
issues) on a quarterly basis (as opposed to semi-annual) and would
enable further analysis of the Pilot Program and a determination of how
the Pilot Program should be structured in the future.
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    \4\ See Securities Exchange Act Release No. 34-84869 (December
19, 2018), 83 FR 66806 (December 27, 2018) (SR-BOX-2018-38). On
January 3, 2019, the Exchange added new issues to replace delisted
Pilot Program issues, as announced by Regulatory Circular, available
here, https://boxoptions.com/assets/RC-2019-01-Penny-Pilot-Issue-Replacements-Update-v2.pdf.
    \5\ See BOX Rule 7260.
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    As is the case today, the Exchange will determine replacement
issues based on trading activity in the previous six months (the ``six
month lookback'') but will not use the month immediately preceding the
addition of a replacement to the Pilot Program. Thus, a replacement
class to be added on the second trading day following April 1, 2019
would be identified based on The Option Clearing Corporation's trading
volume data from September 1, 2018 through February 28, 2019.\6\ The
Exchange believes the six month lookback is appropriate because this
time period would help reduce the impact of unusual trading activity as
a result of unique market events, such as corporate action (i.e., it
would result in a more reliable measure of average daily trading volume
than would a shorter period).
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    \6\ The Rule continues to obligate the Exchange to announce the
replacement issues by Regulatory Circular. See id.
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    This filing does not propose any substantive changes to the Pilot
Program: All classes currently participating will remain the same and
all minimum increments will remain unchanged. The Exchange believes the
benefits to public customers and other market participants who will be
able to express their true prices to buy and sell options have been
demonstrated to outweigh the increase in quote traffic. Lastly, in
order to conform to the proposed Pilot Program, the Exchange proposes
to remove the specific dates for the lookback period and replace it
with language referencing the previous six months. This language
replacement will have no substantive impact on the rule.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Securities Exchange Act of 1934
(the ``Act''),\7\ in general, and Section 6(b)(5) of the Act,\8\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general to protect investors and the
public interest. In particular, the Exchange believes the proposal to
allow the addition of replacement issues to the Pilot Program on a
quarterly basis would result in a more current list of Pilot-eligible
issues and would enable further analysis of the Pilot Program,
including for a determination of how the Pilot Program should be
structured in the future. Further, the Exchange believes the six month
lookback is appropriate because this time period would help reduce the
impact of unusual trading activity as a result of unique market events,
such as a corporate action (i.e., it would result in a more reliable
measure of average daily trading volume than would a shorter period).
Thus, the Exchange believes this proposal would promote just and
equitable principles of trade, foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and remove
impediments to and perfect the mechanisms of a free and open market and
a national market system.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchanges notes that it [sic] not making any other substantive
changes to the Pilot Program, other than modifying the timing for
replacement issues and therefore the Exchange will continue to
participate in a program that has been viewed as beneficial to traders,
investors and public customers and viewed as successful by the other
options exchanges participating in it.
    The Exchange believes that the Pilot Program would continue to
promote just and equitable principles of trade by enabling public
customers and other market participants to express their true prices to
buy and sell options to the benefit of all market participants.

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 this regard and as indicated
above, the Exchange notes that the rule change is being proposed as a
competitive response to a filing submitted by NYSEAMER.\9\ In addition,
the Exchange believes that allowing the Exchange to add replacement
issues to the Pilot Program on a quarterly basis would make the list of
Pilot-eligible issues more current and would enable further analysis of
the Pilot, including for a determination of how the Pilot Program
should be structured in the future. In doing so, the proposed rule
change will also serve to promote regulatory clarity and consistency,
thereby reducing burdens on the marketplace and facilitating investor
protection. The Pilot Program is an industry-wide initiative supported
by all other option exchanges. The Exchange believes that the proposed
change would allow for continued competition between Exchange market
participants trading similar products as their counterparts on other
exchanges, while at the same time allowing the Exchange to continue to
compete for order flow with other exchanges in option issues trading as
part of the Pilot Program.
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    \9\ See supra, note 3.
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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 comments on the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which

it was filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public interest,
the proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. The change will allow
the Exchange to add classes to the pilot that are actively traded at
the start of the second quarter (i.e., in April 2019) and replace those
that have been delisted and are no longer trading on a more frequent
basis. This will help ensure that the top 363 most actively traded,
multiply-listed classes are included in the Pilot, which will enable
further analysis of the Pilot.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-BOX-2019-08 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-BOX-2019-08. 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, on business days between the hours of 10 a.m. and 3
p.m., located at 100 F Street NE, Washington, DC 20549. 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-BOX-2019-08 and
should be submitted on or before April 25, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-06512 Filed 4-3-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Notices]
[Page 27428]
[FR Doc No: 2020-09836]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4514-DR; Docket ID FEMA-2020-0001]

Tennessee; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Tennessee (FEMA-4514-DR), dated April 2,
2020, and related determinations.

DATE: The declaration was issued April 2, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 2, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the emergency conditions in the State of
Tennessee resulting from the Coronavirus Disease 2019 (COVID-19)
pandemic beginning on January 20, 2020, and continuing, are of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Tennessee.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program throughout the
State. Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Gracia B. Szczech, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Tennessee have been designated
as adversely affected by this major disaster:

    Emergency protective measures (Category B) not authorized under
other Federal statutes, including direct Federal assistance, under
the Public Assistance program at 75 percent federal funding for all
areas in the State of Tennessee.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-09836 Filed 5-7-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: September 13, 2010 (Volume 75, Number 176)]
[Rules and Regulations]
[Page 55477-55479]
[DOCID:fr13se10-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0791]
RIN 1625-AA00

Safety Zone; Revolution 3 Triathlon, Lake Erie & Sandusky Bay,
Cedar Point, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie and Sandusky Bay near Cedar Point, Ohio. The safety zone is
intended to restrict vessels from portions of the Lake Erie during the
Revolution 3 Cedar Point Triathlon. The temporary safety zone is
necessary to protect participants of the swim portion of the triathlon
race from potential hazards from vessels operating in the area.

DATES: This rule is effective from 6:30 a.m. through 9:30 a.m. on
September 12, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0791 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0791 in the
``Keyword'' box, and then clicking ``search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or e-mail MSTC Benjamin Wagner, Response
Department, Marine Safety Unit Toledo, Coast Guard; telephone (419)
418-6008<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when an agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 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 publishing an NPRM is impractical as
the Coast Guard did not receive notification of the final details of
this event in sufficient time to issue an NPRM without delaying this
rulemaking. A delay or cancellation of the event in order to allow for
a notice and comment period is contrary to the public interest because
of the hazards associated with vessel operation in close proximity to
swimming participants. For the same reasons 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.
In addition, to the reasons stated above, this rule is intended to
ensure the safety of the event participants, spectators, and other
waterway users; thus any delay in the rule's effective date is
impractical.

Background and Purpose

    The temporary safety zone is necessary to ensure the safety of
participants of the swim portion of a triathlon race as well as the
safety of mariners operating in the vicinity of the triathlon.
Establishing this temporary safety zone to control vessel movement
around the location of the triathlon swim event will help ensure the
safety of persons and property at the event and help minimize any
potential risks associated with the event.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone. The safety
zone will be enforced from 6:30 a.m. through 9:30 a.m. on September 12,
2010. This safety zone will encompass all waters of Lake Erie within
the geographic area bounded by the following coordinates: starting at
position 41[deg]29'06'' N, 082[deg]40'56'' W; then extending northeast
to position 41[deg]29'37'' N, 082[deg]40'14'' W; then extending
southeast to position 41[deg]29'14'' N, 082[deg]39'52'' W; then
extending southwest to position

41[deg]28'46'' N, 082[deg]40'38'' W; then returning to the starting
position.
    In the event of inclement weather, an alternate safety zone area
will be utilized with the date and times remaining the same. The
alternate location within Sandusky Bay will encompass all waters of the
Sandusky Bay within the geographic area bounded by the following
coordinates: starting at position 41[deg]28'22'' N, 082[deg]40'44'' W;
then extending northwest to position 41[deg]28'45'' N, 082[deg]41'11''
W; then extending southeast to position 41[deg]28'12'' N,
082[deg]41'06'' W; then returning to the starting position.
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port Detroit, or designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port
Detroit, or his designated on scene representative. The Captain of the
Port Detroit, or designated on-scene representative may be contacted
via VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. We expect the economic impact of this
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
    This determination is based on the minimal time that vessels will
be restricted from the zone and because the zone is in an area where
the Coast Guard expects minimal adverse impact to mariners from the
zone's activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in the applicable portions of the Lake Erie or Sandusky Bay
near Cedar Point, OH identified below between 6:30 a.m. and 9:30 a.m.
on September 12, 2010.
    The safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
affected portions of Lake Erie and Sandusky Bay do not experience heavy
vessel traffic on a regular basis. Any vessels that wish to utilize
these waterways can be scheduled around the event. The safety zone will
only be in effect during the morning of September 12, 2010 and will not
substantially limit vessels intending to utilize the affected
waterways. In the event that the temporary safety zone affects
shipping, commercial vessels may request permission from the Captain of
the Port Detroit, or designated on-scene representative to transit
through the safety zone. The Coast Guard will give notice to the public
via a Broadcast Notice to Mariners that the regulation is in effect.
Additionally, the Captain of the Port Detroi, or on-scene
representative will suspend enforcement of the safety zone if the event
for which the zone is established ends earlier than the expected time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 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.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone and is therefore categorically excluded under paragraph
34(g) of the Instruction.
    A final environmental analysis check list and categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6; 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T09-0791 is as follows:

Sec.  165.T09-0791  Safety Zone; Revolution 3 Cedar Point Triathlon,
Lake Erie & Sandusky Bay, Cedar Point, OH.

    (a) Location. The following area is a safety zone:
    (1) Primary Safety Zone; Lake Erie. All waters of Lake Erie within
the geographic area bounded by the following coordinates: Starting at
position 41[deg]29'06'' N, 082[deg]40'56'' W; then extending northeast
to position 41[deg]29'37'' N, 082[deg]40'14'' W; then extending
southeast to position 41[deg]29'14'' N, 082[deg]39'52'' W; then
extending southwest to position 41[deg]28'46'' N, 082[deg]40'38'' W;
then returning to the starting position. [DATUM: NAD 83].
    (2) Alternate Safety Zone; Sandusky Bay. All waters of the Sandusky
Bay within the geographic area bounded by the following coordinates:
Starting at position 41[deg]28'22'' N, 082[deg]40'44'' W; then
extending northwest to position 41[deg]28'45'' N, 082[deg]41'11'' W;
then extending southeast to position 41[deg]28'12'' N, 082[deg]41'06''
W; then returning to the starting position. [DATUM: NAD 83].
    (b) Effective Period. This regulation is effective from 6:30 a.m.
through 9:30 a.m. on September 12, 2010. This regulation will be
enforced as follows:
    (1) On September 12, 2010 from 6:30 a.m. to 9:30 a.m., the safety
zone listed in paragraph (a)(1) of this section will be enforced. In
the event of inclement weather, the alternate safety zone listed in
paragraph (a)(2) of this section will be enforced.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting or anchoring within the safety zones
is prohibited unless authorized by the Captain of the Port Detroit, or
designated on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit, or designated on-scene
representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Detroit to act on his or
her behalf. The designated on-scene representative or the Captain of
the Port Detroit will be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The Captain of the Port Detroit, or designated on-
scene representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit, or designated on-
scene representative to obtain permission to do so. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port, or
designated on-scene representative.

    Dated: August 26, 2010.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2010-22771 Filed 9-10-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 19, 2007 (Volume 72, Number 52)]
[Notices]
[Page 12799-12800]
[DOCID:fr19mr07-63]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0742; FRL-8289-3]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Motor Vehicle and Engine
Compliance Program Fees (Renewal); EPA ICR No. 2080.03, OMB Control No.
2060-0545

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before April 18,
2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2006-0742, to (1) EPA online using http://www.regulations.gov (our preferred

method), or by mail to: EPA Docket Center, Environmental Protection
Agency, Air and Radiation Docket and Information Center, Mailcode
6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB
by mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Lynn Sohacki, Compliance and
Innovative Strategies Division, Office of Transportation and Air
Quality, Environmental Protection Agency, 2000 Traverwood, Ann Arbor,
Michigan 48105; telephone number:<PHONE_NUMBER>; fax number: 734-214-
4869; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On September 14, 2006 (71 FR 54280), EPA sought comments on
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during
the comment period. Any additional comments on this ICR should be
submitted to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2006-0742, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and Radiation

Docket and Information Center in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/
DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket and Information Center is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
http://www.regulations.gov, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether

submitted electronically or in paper, will be made available for public
viewing at http://www.regulations.gov as EPA receives them and without change,

unless the comment contains copyrighted material, CBI, or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
http://www.regulations.gov.

    Title: Motor Vehicle and Engine Compliance Program Fees (Renewal).
    ICR numbers: EPA ICR No. 2080.03, OMB Control No. 2060-0545.
    ICR Status: This ICR is scheduled to expire on March 31, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: EPA charges user fees for administering its vehicle and
engine certification programs. In 2004 the fees were extended to
include certification applications for recently regulated categories of
off-road vehicles and engines. Manufacturers and importers of covered
vehicles and engines are required to pay the applicable certification
fee prior to their certification applications being reviewed. This
involves submitting payments along with a filing form identifying the
engine family to be covered by the fee. There are also correction and
refund forms. This ICR estimates the paperwork burden of submitting
these fees and associated forms. This information collection covers the
entire certification fees program, both on-road and off-road.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.3
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Manufacturers or importers of
passenger cars, motorcycles, light trucks, heavy duty truck engines,
and non-road vehicles or engines required to receive a certificate of
conformity from EPA prior to selling or introducing these products into
commerce in the U.S.
    Estimated Number of Respondents: 419.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 694.8.
    Estimated Total Annual Cost: $46,198, including $11,028 in O&M
costs and no startup or capital costs.
    Changes in the Estimates: There is an increase of 65.8 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This increase is due to use of actual counts,
rather than projections, of fee forms submitted, and to an increase in
the estimated time required to process reduced fee and refund requests.

    Dated: March 12, 2007.
Oscar Morales,
Director, Collection Strategies Division.
 [FR Doc. E7-4932 Filed 3-16-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: December 30, 2009 (Volume 74, Number 249)]
[Notices]
[Page 69172-69173]
[DOCID:fr30de09-131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61229; File No. SR-BX-2009-083]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
the Fee Schedule of the Boston Options Exchange Facility

December 22, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 16, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by the self-regulatory organization. The Exchange
filed the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of
the Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Fee Schedule of the Boston
Options Exchange Group, LLC (``BOX''). The text of the proposed rule
change is available from the principal office of the Exchange, at the
Commission's Public Reference Room, on the Exchange's Internet Web site
at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/, and on
the Commission's Internet Web site at http://www.sec.gov/.

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. The self-regulatory organization
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
    On November 13, 2006 BOX entered into a licensing agreement
(``Agreement'') with The NASDAQ OMX Group, Inc. (``NASDAQ OMX'')
(formerly known as the Nasdaq Stock Market, Inc.) to use various
indices and trademarks in connection with the listing and trading of
index options on the full value Nasdaq-100[supreg] (``NDX'')\5\

and the reduced value Nasdaq-100[supreg] Index (Mini-NDX[supreg] Index
(MNX)).\6\ The Agreement established a license fee, currently $0.16 per
contract, payable by BOX to NASDAQ OMX, for NDX and MNX options
contracts traded on BOX.\7\
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    \5\ Nasdaq[supreg], Nasdaq-100[supreg] and Nasdaq-100
Index[supreg] are registered trademarks of The NASDAQ OMX Group,
Inc. (which with its affiliates are the ``Corporations'') and are
licensed for use by the Boston Options Exchange Group, LLC in
connection with the trading of options products based on the Nasdaq-
100 Index[supreg]. The product(s) have not been passed on by the
Corporations as to their legality or suitability. The product(s) are
not issued, endorsed, sold, or promoted by the Corporations. The
Corporations make no warranties and bear no liability with respect
to the product(s). The Corporations do not guarantee the accuracy
and/or uninterrupted calculation of the Nasdaq-100 Index[supreg] or
any data included therein. The Corporations make no warranty,
express or implied, as to results to be obtained by licensee, owners
of the product(s), or any other person or entity from the use of the
Nasdaq-100 Index[supreg] or any data included therein. The
Corporations make no express or implied warranties, and expressly
disclaim all warranties of merchantability or fitness for a
particular purpose or use with respect to the Nasdaq-100
Index[supreg] or any data included therein. Without limiting any of
the foregoing, in no event shall the Corporations have any liability
for any lost profits or special, incidental, punitive, indirect or
consequential damages, even if notified of the possibility of such
damages.
    \6\ Id.
    \7\ On November 14, 2006 the Exchange established a $0.15
surcharge fee for transactions in options on NDX and MNX. See
Securities Exchange Act Release No. 55000 (December 21, 2006), 71 FR
78479 (December 29, 2006) (SR-BSE-2006-47). The Exchange
subsequently increased the surcharge fee to $0.16 in response to a
corresponding increase in the license fees charged by NASDAQ OMX to
BOX. See Securities Exchange Act Release No. 57114 (January 8,
2008), 73 FR 2961 (January 16, 2008) (SR-BSE-2008-01).
---------------------------------------------------------------------------

    This Agreement between BOX and NASDAQ OMX was set to expire on
December 31, 2009. BOX and NASDAQ OMX have entered into an extension of
the Agreement whereby a six (6) cent increase in the per contract
license fee charged to BOX by NASDAQ OMX has been agreed to.
    The Exchange is submitting this proposed rule change to increase
the surcharge fee for transactions in NDX and MNX options by six (6)
cents, to $0.22. This increase will correspondingly offset the
increased costs incurred by BOX. As with certain other licensed
options, the Exchange adopted and maintains a surcharge fee for trading
in these options to defray the licensing costs. The Exchange believes
that charging BOX Options Participants that trade these instruments is
the most equitable means of recovering the costs of the license.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\8\ in general, and Section
6(b)(4) of the Act,\9\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

 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.

 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 comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act\10\ and Rule 19b-4(f)(2)
thereunder,\11\ because it establishes or changes a due, fee, or other
charge applicable only to a member.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 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 the rule change if it
appears to the Commission that the action is necessary or appropriate
in the public interest, for the protection of investors, or would
otherwise further 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-BX-2009-083 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-083. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-BX-2009-083 and should be
submitted on or before January 20, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30926 Filed 12-29-09; 8:45 am]

BILLING CODE 8011-01-P