[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49512-49513]
[FR Doc No: 2023-16288]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, August 3, 2023.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with

the new time, date, and/or place of the meeting will be posted on the
Commission's website at https://www.sec.gov.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: July 27, 2023.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2023-16288 Filed 7-27-23; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: October 17, 2005 (Volume 70, Number 199)]
[Notices]
[Page 60316]
[DOCID:fr17oc05-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL05-82-001]

Midwest Independent Transmission System Operator, Inc.; Notice of
Filing

October 11, 2005.
    Take notice that on September 30, 2005, Midwest Independent
Transmission System Operator, Inc. (Midwest ISO) tendered for filing a
report concerning refunds made to Alliant Energy Corporate Services,
Inc. pursuant to 111 FERC ] 61,043 (2005).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 31, 2005.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5696 Filed 10-14-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Pages 72473-72474]
[FR Doc No: 2011-30199]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65775; File No. SR-NASDAQ-2011-138]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule Change Expanding the Short Term
Option Series Program

November 17, 2011.

I. Introduction

    On September 28, 2011, The NASDAQ Stock Market LLC (``NASDAQ'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
expand the Short Term Option Program (``Program'') to allow the NASDAQ
Options Market (``NOM'' or ``Exchange'') to: (1) Select up to 30 option
classes on which Short Term Option Series (``STO Series'') may be
listed; and (2) allow the Exchange to open Short Term Option Series
that are opened by other securities exchanges in option classes
selected by such exchanges under their respective short term option
rules. The proposed rule change was published for comment in the
Federal Register on October 17, 2011.\3\ The Commission received no
comment letters on the proposal. This order approves the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 65528 (October 11,
2011), 76 FR 64142 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    NASDAQ proposed to amend Chapter IV, Section 6 and Chapter XIV,
Section 11 of the Short Term Option Series Program (``STO Program'' or
``Program'') to: (1) Increase from 15 to 30 the number of option
classes on which STO Series may be opened; and (2) allow the Exchange
to open STO Series that are opened by other securities exchanges (the
``STO Exchanges'') in option classes selected by such exchanges under
their respective short term option rules.
    In the Notice, the Exchange stated that the principal reason for
the proposed expansion is market demand for additional STO classes and
series. NASDAQ stated that the Exchange has had to turn away STO
customers because it could not list, or had to delist, STO Series or
could not open adequate STO Series because of restrictions in the STO
Program.

    The Exchange also stated that it has analyzed its capacity, and
represented that it and the Options Price Reporting Authority
(``OPRA'') have the necessary systems capacity to handle the potential
additional traffic associated with trading of an expanded number of
classes in the Program.

III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\4\
Specifically, the Commission finds that the proposal is consistent with
Section 6(b)(5) of the Act,\5\ which requires, among other things, that
the rules of a national securities exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts, 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. The Commission
believes that the proposal strikes a reasonable balance between the
Exchange's desire to offer a wider array of investment opportunities
and the need to avoid unnecessary proliferation of options series.
---------------------------------------------------------------------------

    \4\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In approving this proposal, the Commission notes that the Exchange
has represented that it and OPRA have the necessary systems capacity to
handle the potential additional traffic associated with trading of an
expanded number of classes in the Program. The Commission expects the
Exchange to monitor the trading volume associated with the additional
options series listed as a result of this proposal and the effect of
these additional series on market fragmentation and on the capacity of
the Exchange's, OPRA's, and vendors' automated systems.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\6\ that the proposed rule change (SR-NASDAQ-2011-138) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30199 Filed 11-22-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Page 40296]
[FR Doc No: 2016-14602]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14742-000]

Ute Indian Tribe; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On December 12, 2015, the Ute Indian Tribe, filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Ute Pumped Storage
Project (Ute Project or project) adjacent to the Bureau of
Reclamation's Flaming Gorge Reservoir, in Daggett County, Utah. The
sole purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed pumped storage project would consist of the following:
(1) An intake and discharge structure at one of seven locations in
Flaming Gorge Reservoir; (2) an underground tailrace between the
reservoir intake/outlet structure and the powerhouse; (3) pump-turbine
units in an underground powerhouse with generation capacity of between
500 to 1,000 megawatts; (4) a penstock between the powerhouse and the
upper reservoir; (5) a dam at one of seven locations forming the upper
reservoir; (6) an upper reservoir at one of seven locations with a
capacity between 5,000 and 10,000 acre-feet at an elevation between
6,800 and 7,500 feet above mean sea level; (7) a transmission line from
the powerhouse to the nearest major transmission interconnection; and
(10) appurtenant facilities. The estimated annual generation of the Ute
Project would be between 400 and 850 gigawatt-hours.
    Applicant Contact: Shaun Chapoose, Chairman, Ute Tribal Business
Committee, Ute Indian Tribe, P.O. Box 190, Fort Duchesne, Utah 84026;
phone:<PHONE_NUMBER>.
    FERC Contact: Joseph Hassell; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14742-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/ecomment.asp.
Enter the docket number (P-14742) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: June 15, 2016.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2016-14602 Filed 6-20-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Proposed Rules]
[Page 20799-20802]
[DOCID:fr21ap10-19]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0019]
RIN 1625-AA00

Safety Zone; AVI July Fireworks Display, Laughlin, NV

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone, on the
navigable waters of the lower Colorado River, Laughlin, NV, in support
of a fireworks display near the AVI Resort and Casino. This safety zone
is necessary to provide for the safety of the participants, crew,
spectators, participating vessels, and other vessels and users of the
waterway. Persons and vessels would be prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or his designated
representative.

DATES: Comments and related material must be received by the Coast
Guard on or before May 21, 2010. Requests for public meetings must be
received by the Coast Guard on or before May 12, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0019 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Petty Officer Corey McDonald, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7262, e-mail<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0019), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0019'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or

hand delivery, submit them in an unbound format, no larger than 8\1/2\;
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0019'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation, West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

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

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    The Coast Guard proposes establishing a temporary safety zone on
the navigable waters of the Lower Colorado River in support of a
fireworks show in the navigation channel of the Lower Colorado River,
Laughlin, NV. The fireworks show is being sponsored by AVI Resort and
Casino. The safety zone would be set at an 800 foot radius around the
firing site. This temporary safety zone is necessary to provide for the
safety of the show's crew, spectators, participants of the event,
participating vessels, and other vessels and users of the waterway.

Discussion of Proposed Rule

    The Coast Guard proposes a safety zone that would be enforced from
8 p.m. to 9:45 p.m. on July 4, 2010. The limits of the safety zone
would include all navigable waters within 800 feet of the firing
location adjacent to the AVI Resort and Casino centered in the channel
between Laughlin Bridge and the northwest point of AVI Resort and
Casino Cove in position: 35[deg]00'93'' N, 114[deg]38'28'' W.
    This safety zone is necessary to provide for the safety of the
crews, spectators, and participants of the event and to protect other
vessels and users of the waterway. Persons and vessels would be
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the Captain of the Port, or his
designated representative.
    U.S. Coast Guard personnel would enforce this safety zone. Other
Federal, State, or local agencies may assist the Coast Guard, including
the Coast Guard Auxiliary. Vessels or persons violating this rule would
be subject to both criminal and civil penalties.

Regulatory Analyses

    We developed this proposed 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 proposed 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. Although the safety zone
will restrict boating traffic within the navigable waters of the Lower
Colorado River, Laughlin, NV, the effect of this regulation will not be
significant as the safety zone will encompass only a portion of the
waterway and will be very short in duration. The entities most likely
to be affected are pleasure craft engaged in recreational activities
and sightseeing. As such, the Coast Guard expects the economic impact
of this rule to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in the region of the lower Colorado
River adjacent to AVI Resort and Casino from 8 p.m. to 9:45 p.m. on
July 4, 2010.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
safety zone only encompasses a portion of the waterway; it is short in
duration at a relatively late hour when commercial traffic is low; and
the Captain of the Port may authorize entry into the zone, if
necessary. Before the effective period, the Coast Guard will publish a
local notice to mariners (LNM) and will issue broadcast notice to
mariners (BNM) alerts via marine channel 16 VFH before the safety zone
is enforced.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Petty Officer Corey McDonald,
Waterways Management, U.S. Coast Guard Sector San Diego, at 619-278-
7262. The Coast Guard will not retaliate against small

entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

    This proposed 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a safety zone and is categorically excluded
under figure 2-1, paragraph (34)(g), of the Instruction. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. Add Sec.  165.T11-290 to read as follows:

Sec.  165.T11-290;  Safety Zone, AVI July Fireworks Display; Laughlin,
NV.

    (a) Location. The limits of the proposed safety zone are as
follows: will include all navigable waters within 800 feet of the
firing location adjacent to the AVI Resort and Casino centered in the
channel between Laughlin Bridge and the northwest point of AVI Resort
and Casino Cove in position: 35[deg]00'93'' N, 114[deg]38'28'' W.
    (b) Enforcement period. This section will be enforced from 8 p.m.
to 9:45 p.m. on July 4, 2010. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the

Patrol Commander (PATCOM). The PATCOM may be contacted on VHF-FM
Channel 16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other Federal, State, or
local agencies.

    Dated: April 6, 2010.
T. H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2010-9126 Filed 4-20-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Notices]
[Page 21037-21039]
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59842; File No. SR-Phlx-2009-37]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing of Proposed Rule Change Relating to Quoting Requirements for
Streaming Quote Traders, Remote Streaming Quote Traders and Specialists

April 29, 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 April 21, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``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 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 make specified technical adjustments to
the quoting requirements for streaming quote traders, remote streaming
quote traders and specialists contained in Exchange Rule 1014.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/
Filings/, 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 make minor
adjustments to the quoting requirements for Streaming Quote Traders
(``SQTs''), Remote Streaming Quote Traders (``RSQTs'') and specialists
contained in Exchange Rule 1014.\3\ Currently, Rule 1014 requires an
SQT and an RSQT (other than a DSQT or a DRSQT) to quote continuous,
two-sided markets in not less than 60% of the series in each option in
which such SQT or RSQT is assigned. The same rule requires a DSQT and a
DRSQT on any given day to quote continuous, two-sided markets in not
less than 99% of the series listed on the Exchange in at least 60% of
the options in which such DSQT or DRSQT is assigned. Moreover, whenever
on a given trading day a DSQT or DRSQT enters a quotation in an option
in which such DSQT or DRSQT is assigned, the DSQT or DRSQT must
maintain continuous quotations for not less than 99% of the series of
the option listed on the Exchange until the close of that trading day.
Finally, Rule 1014 requires each specialist to quote continuous, two-
sided markets in not less than 99% of the series in each option in
which such specialist is assigned.
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    \3\ The terms SQTs and RSQTs are defined in Rule 1014(b)(ii)(A)
and (B) and generally connote participants who have received
permission from the Exchange to trade in options for their own
accounts and to generate and submit option quotations
electronically. The terms Directed SQTs (``DSQTs'') and Directed
RSQTs (``DRSQTs'') are defined in Rule 1080(l)(i)(c) and refer to
SQTs and RSQTs that receive certain customer orders (known as
``Directed Orders'') that have been directed specifically to them.
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    Currently, any of the ``continuous'' quoting requirements
referenced above may be deemed unsatisfied whenever there is an
interruption in quoting during the trading day, no matter how brief in
duration. The Exchange is, therefore, proposing to replace the
continuous quoting requirement with a reference to the portion of the
trading day when a quote must be available. Specifically, a market
participant that is currently subject to any of the above-described
continuous quoting obligations would, instead, be required to maintain
a two-sided quote in a series for a total time equal to at least 90%
(or higher, if so announced by the Exchange in advance) of the duration
of the trading day. For example, on a normal trading day, which lasts
390 minutes (from 9:30 a.m. to 4 p.m.), quoting in a series would need
to be maintained for the total of at least 351 minutes in order to meet
the 90%-of-the-trading-day threshold.
    In a shortened trading session, the total number of minutes the
quote must be maintained would be lowered proportionately (and the same
percentage threshold would apply). If a technical failure or limitation
of a system of the Exchange prevents a participant from maintaining, or
prevents a participant from communicating to the Exchange, timely and
accurate quotes, the duration of such failure or limitation would also
not be included in any of the calculations with respect to the affected
quotes. The Exchange would have the ability to consider other
exceptions to the quoting requirements based on demonstrated legal or
regulatory requirements or other mitigating circumstances.\4\
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    \4\ Another exchange recently modified its rules to set its
market makers' quoting obligation at 90% of the time that the
exchange is open for business. That exchange also provided for
similar automatic exceptions for technical failures and
discretionary exceptions based on demonstrated legal or regulatory
requirements or other mitigating circumstances. Securities Exchange
Act Release No. 57186 (Jan. 22, 2008), 73 FR 4931 (Jan. 28, 2008)
(approving SR-NYSEArca-2007-121).
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    Under the proposal, the Exchange would also have the discretion to
set the threshold above 90% by publishing an appropriate advance
announcement, which would then be available on the Exchange's Web site.
In the illustration above, if the Exchange set the threshold, for
example, at 99% (rather than 90%), then on a normal trading day,
quoting would need to be maintained for 386 (rather than 351) minutes
out of the total of 390 minutes.
    The Exchange is also proposing to make a minor adjustment to the
99%-of-the-series provisions. As explained above, on a given trading
day, each DSQT and DRSQT is required to maintain two-sided quotations
for at least 99% of the listed series: (a) in at least 60% of its total
option assignments, and (b) in any assignment after entering a
quotation in it. A specialist must maintain quotes in at least 99% of
the series in each of its option assignments. The proposed adjustment
would replace the 99% requirement in all of these instances with the
lesser of two alternatives: 99% of the series, or 100% minus a single
call-and-put ``pair.'' The eligible pair in this case would consist of
two individual options, one call and one put, which cover the same
underlying instrument and have the same expiration date and exercise
price. Failure to maintain a qualifying (90% of the trading day or
higher, as discussed above) quote in just one call, one put, or in one
call and one ``paired'' put, would not by itself (assuming all other
series of a given option are being quoted as required) constitute a
violation of the 99%-of-the-series requirement. The purpose of this
particular modification is to make the rules more flexible with respect
to those assignments that contain relatively fewer series and to avoid
situations when failure to quote 90% of the trading day in merely one
individual option or one pair breaches the 99% requirement.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \5\ in general, and furthers the objectives of Section
6(b)(5) of the Act \6\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
by removing unnecessary rigidity from the existing quotation
requirements, reducing the associated burdens on the affected market
participants, and ultimately making the Exchange more competitive.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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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

    No written comments were either solicited or received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (a) By order approve such proposed rule change, or
    (b) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2009-37 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-Phlx-2009-37. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
Phlx-2009-37 and should be submitted on or before May 27, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Elizabeth M. Murphy,
Secretary.
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    \7\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-10447 Filed 5-5-09; 8:45 am]

BILLING CODE 8010-01-P