[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Proposed Rules]
[Pages 20060-20062]
[FR Doc No: 2019-09421]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0300]
RIN 1625-AA08

Special Local Regulations; Festival of Sail Duluth 2019 Parade of
Sail, Lake Superior, Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for a designated area of the Duluth Harbor entrance to
Superior Bay on Lake Superior during the Festival of Sail 2019 event in
Duluth, MN. This action is necessary to provide for the safety of life
on these navigable waters around the port of Duluth, MN during a parade
of sail event on August 11, 2019. This proposed rulemaking would
prohibit persons and vessels from being in the designated region unless
authorized by the Captain of the Port Duluth or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 7, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0300 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Abbie Lyons, Waterways
Management, MSU Duluth, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On December 11, 2018, Draw Events LLC notified the Coast Guard that
it will be conducting a Parade of Sail from 7 a.m. through 1 p.m. on
August 11, 2019, as part of the 2019 Festival of Sail event in Duluth,
MN from August 11 through August 13, 2019. Hazards from spectator
vessels and the limited maneuverability of the sailing vessels exist.
The Captain of the Port Duluth (COTP) has determined that potential
hazards associated with the parade of sail would be a safety concern
for anyone within the route of the parade.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the parade route before, during, and
immediately after the scheduled event. The legal basis for this
proposed rule is the Coast Guard's authority under 46 U.S.C. 70041; 33
CFR 1.05-1.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation from
7 a.m. through 1 p.m. on August 11, 2019. The special local regulation
would cover all navigable waters encompassed within the following
boundaries: Beginning at position 46[deg]46'48.36'' N,
092[deg]05'16.44'' W, across Duluth Harbor to 46[deg]47'02.76'' N,
092[deg]05'17.88'' W, turning north toward the Duluth Lift Bridge at to
46[deg]47'19.32'' N, 092[deg]04'04.80'' W, to 46[deg]46'50.88'' N,
092[deg]05'17.88'' W, out

the Duluth Harbor Entrance at 46[deg]46'45.12'' N, 092[deg]05'35.16''
W, then northwest to 46[deg]46'45.12'' N, 092[deg]05'39.84'' W back to
the north Duluth Entrance Light at 46[deg]47'01.32'' N,
092[deg]05'51.00'' W, through the canal at 46[deg]47'00.60'' N,
092[deg]05'52.08'' W, then along Minnesota Point at 46[deg]46'51.60''
N, 092[deg]05'46.32'' W, entering Minnesota Slip at 46[deg]46'39.00''
N, 092[deg]06'03.96'' W, encompassing the slip from 46[deg]46'32.16''
N, 092[deg]05'38.76'' W to 46[deg]46'41.52'' N, 092[deg]05'36.24'' W
and back out the slip at 46[deg]46'42.60'' N, 092[deg]05'34.44'' W and
back to the starting position of 46[deg]46'48.36'' N,
092[deg]05'16.44'' W.
    The duration of the zone is intended to protect the safety of
vessels and these navigable waters before, during, and immediately
after the scheduled 7 a.m. through 1 p.m. Parade of Sail. Only the
designated sailing vessels associated with the event are permitted
within the zone. No other vessels or persons will be permitted to enter
the zone without obtaining permission from the COTP or a designated
representative. The COTP or a designated representative may be
contacted via VHF Channel 16 or by telephone at<PHONE_NUMBER>. The
regulatory text proposed appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the availability
of the Superior Harbor entrance as an alternate entry into Superior
Bay, the short time frame of the special local regulation, and the
estimated number of spectator vessels around the Duluth Harbor entrance
for the event. We anticipate that it will have minimal impact on the
economy, will not interfere with other agencies, will not adversely
alter the budget of any grant or loan recipients, and will not raise
any novel legal or policy issues. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine Channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
restricted area may be small entities, for the reasons stated in
section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
    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.
    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. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a special local regulation
lasting 6 hours that would prohibit entry within a designated area
around the Duluth Harbor entrance. Normally such actions are
categorically excluded

from further review under paragraph L[61] of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS.

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T09-0300 to read as follows:

Sec.  100.T09-0300  Special Local Regulations; Festival of Sail Duluth
2019 Parade of Sail, Lake Superior, Duluth, MN.

    (a) Regulated areas. (1) This Area includes all waters of Lake
Superior and Duluth Harbor bounded by Rice's Point to the west and
Duluth to the north, within the following boundaries: Beginning at
position 46[deg]46'48.36'' N, 092[deg]05'16.44'' W, across Duluth
Harbor to 46[deg]47'02.76'' N, 092[deg]05'17.88'' W, turning north
toward the Duluth Lift Bridge to 46[deg]47'19.32'' N,
092[deg]04'04.80'' W, to 46[deg]46'50.88'' N, 092[deg]05'17.88'' W, out
the Duluth Harbor Entrance at 46[deg]46'45.12'' N, 092[deg]05'35.16''
W, then northwest to 46[deg]46'45.12'' N, 092[deg]05'39.84'' W back to
the north Duluth Entrance Light at 46[deg]47'01.32'' N,
092[deg]05'51.00'' W, through the canal at 46[deg]47'00.60'' N,
092[deg]05'52.08'' W, then along Minnesota Point at 46[deg]46'51.60''
N, 092[deg]05'46.32'' W, entering Minnesota Slip at 46[deg]46'39.00''
N, 092[deg]06'03.96'' W, encompassing the slip from 46[deg]46'32.16''
N, 092[deg]05'38.76'' W to 46[deg]46'41.52'' N, 092[deg]05'36.24'' W
and back out the slip at 46[deg]46'42.60'' N, 092[deg]05'34.44'' W and
back to the starting position of 46[deg]46'48.36'' N,
092[deg]05'16.44'' W.
    (b) Special local regulations. (1) In accordance with the general
regulations in Sec.  100.35 of this part, entry into, transiting, or
anchoring within the regulated areas is prohibited unless authorized by
the Captain of the Port (COTP) Duluth or on-scene representatives.
    (2) Vessels and persons receiving COTP Duluth or on-scene
representative authorization to enter the area of this special local
regulation must do so in accordance with the following restrictions:
    (i) Vessels and persons must transit at a speed not exceed six (6)
knots or at no wake speed, whichever is less. Vessels proceeding under
sail will not be allowed in this Area unless also propelled by
machinery, due to limited maneuvering ability around numerous other
spectator craft viewing the Festival of Sail.
    (ii) Vessels and persons will not be permitted to impede the parade
of sail once it has commenced, as the tall ships are extremely limited
in their ability to maneuver.
    (3) The Coast Guard will provide notice of the regulated area prior
to the event through Local Notice to Mariners and Broadcast Notice to
Mariners. Notice will also be provided by on-scene representatives.
    (4) The ``on-scene representative'' of the COTP Duluth is any Coast
Guard commissioned, warrant, or petty officer and any Federal, State,
or local officer designated by the COTP to act on his or her behalf.
    (5) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP Duluth by telephone at (218) 428-
9357, or on-scene representative via VHF radio on Channel 16, to obtain
permission to do so. Vessel operators given permission to enter,
operate, transit through, anchor in, or remain within the regulated
areas must comply with all instructions given by COTP Duluth or on-
scene representatives.
    (c) Effective date. These regulations are effective Sunday, August
11, 2019; from 7 a.m. through 1 p.m.

    Dated: May 2, 2019.
E. E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2019-09421 Filed 5-7-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30678-30680]
[FR Doc No: 2014-12229]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72215; File No. SR-NSX-2014-13]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Exchange Rule 11.1 to Shorten the Operating Hours for the
Post-Regular Trading Hours Trading Session

May 21, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder, \2\ notice is hereby given
that on May 16, 2014, National Stock Exchange, Inc. (``NSX'' or 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 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 is proposing an amendment to Rule 11.1 (Hours of
Trading) to shorten the length of the Exchange's post-Regular Trading
Hours Trading session from 8:00 p.m. to 5:00 p.m. Eastern Time \3\ on
days that the Exchange is open for business. The text of the proposed
rule change is also available on the Exchange's Web site at
www.nsx.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.
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    \3\ All time references in this filing are to Eastern Time
unless otherwise noted.
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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 those statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange is proposing to amend paragraph (a) of Rule 11.1 to
shorten the length of time during which the Exchange's post-Regular
Trading Hours \4\ trading session operates from 8:00 p.m. to 5:00 p.m.
The Exchange submits that shortening the post-Regular Trading Hours
trading session will allow the Exchange to utilize its staff and
resources in a more efficient manner while continuing to provide
Exchange Equity Trading Permit (``ETP'') Holders \5\ and their
customers with a post-Regular Trading Hours session for one hour after
the close of the Regular Trading Session.
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    \4\ Exchange Rule 1.5R.(1) defines ``Regular Trading Hours'' as
the time between 9:30 a.m. and 4:00 p.m. Eastern Time.
    \5\ Exchange Rule 1.5E.(1) defines an ``ETP'' as an Equity
Trading Permit issued by the Exchange for effecting approved
securities transactions on the Exchange's trading facilities. An ETP
may be issued to a sole proprietor, partnership, corporation,
limited liability company or other organization which is a
registered broker or dealer pursuant to Section 15 of the Act, and
which has been approved by the Exchange.
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    The Exchange believes that reducing the operating time of the
after-hours trading session to 5:00 p.m. is justified in view of the
trading volume in the one hour immediately after the close of Regular
Trading Hours as compared with the trading volume through the end of
the after-hours trading session at 8:00 p.m. For calendar year 2013,
NSX executed a total of 10,445,976 shares between 4:00 p.m. and 5:00
p.m., resulting in an average daily volume of 41,452 shares. By
comparison, during the same period, between the hours of 5:00 p.m. and
8:00 p.m., NSX executed a total of 1,562,650 shares, or an average
daily volume of 6,200 shares. These volume levels support the
Exchange's conclusion that most ETP Holder trading activity in the
post-Regular Trading Hours trading session occurs in the first hour, by
5:00 p.m. and that the volume level in the following three hours of the
post-Regular Trading Hours trading session does not sufficiently
balance against the resources and personnel that the Exchange dedicates
to support the operation of the after-hours trading session beyond 5:00
p.m.
    The Exchange notes that other national securities exchanges offer a
longer trading session after the close of Regular Trading Hours and ETP
Holders can choose to direct their orders to those exchanges if they
wish to participate in an after-hours trading session extending beyond
5:00 p.m.\6\ Thus, the Exchange believes that its proposal will
adequately address the needs of ETP Holders by providing for a one-hour
post-Regular Trading Hours trading session, which trade data show is
the period in which most of the trading activity is occurring, and will
allow the Exchange to conserve resources and staff time that would
otherwise be dedicated to supporting the after-hours trading session
for a four hour period on every trading day. The Exchange believes
that, given these considerations, the proposal to shorten the time
period during which the post-Regular Trading Hours trading session
operates is reasonable and appropriate.
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    \6\ See, e.g., NYSE Arca Equities, Inc. Rule 7.34(a)(3), which
provides for a ``Late Trading Session'' from 1:15 p.m. Pacific Time
(4:15 p.m. Eastern Time) to 5:00 p.m. Pacific Time (8:00 p.m.
Eastern Time); EDGA Exchange, Inc. Rule 1.5(c), which provides for a
Post-Closing Session between 4:00 p.m. and 8 p.m.
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2. Statutory Basis
    The Exchange submits that the proposed amendment to Rule 11.1(a)
furthers the purposes of Section 6(b) of the Act and, in particular,
Section 6(b)(5) thereunder in that it is intended to promote just and
equitable principles of trade and, in general, protect investors and
the public interest; furthermore, the proposed amendment is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
    Specifically, the Exchange's proposal to amend Rule 11.1(a) to
shorten the length of its post-Regular Trading Hours trading session
from 8:00 p.m. to 5:00 p.m. on every day on which the Exchange is open
for business will allow the Exchange to focus its staff and resources
on the Exchange's core business, which is providing an efficient and
cost-effective marketplace for trading in equity securities during
Regular Trading Hours, while maintaining a facility for ETP Holders to
execute trades after 4:00 p.m. Reducing the time during which the post-
Regular Trading Hours trading session operates will allow the Exchange
to maximize efficiencies and eliminate costs that are attendant to the
longer after-hours session, but do not yield a sufficient economic
return. The Exchange submits that the proposed amendment is therefore
consistent with Section 6(b)(5) of the Act in that, by seeking to
operate in a more efficient manner that focuses on trading during
Regular Trading Hours, it will operate to promote just and equitable
principles of trade and in general protect investors and the public
interest.
    The Exchange further submits that the proposed rule amendment will
not permit unfair discrimination between customers, issuers, brokers,
or dealers because the proposed change will affect all ETP Holders and
market participants in the same way and to the same extent, and is
therefore consistent with Section 6(b)(5) of the Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
for the furtherance of the Act. By shortening the time period during
which its post-Regular Trading Hours trading session operates, the
Exchange is reducing the number of equity securities exchanges offering
a late trading session extending from after the close of Regular
Trading Hours until 8:00 p.m. However, the Exchange does not believe
that this will inappropriately burden competition in that, as proposed,
it will continue to offer a post-Regular Trading Hours trading session
until 5:00 p.m. and other exchanges offer an after-hours session
extending until 8:00 p.m. The Exchange therefore believes that the
availability of an after-hours trading facility at other exchanges will
provide ETP Holders with venues to which they can direct their post-
Regular Trading Hours activity after the Exchange's proposed 5:00 p.m.
end time and the reduction in the time frame during which the
Exchange's after-hours facility operates will not impair competition.
    Additionally, the Exchange believes that, by reducing the operating
time of its post-4:00 p.m. trading session and focusing its staff and
resources on the Exchange's operations during core trading hours and a
shortened after-hours trading session, it will achieve efficiencies
that will operate to enhance its competitive position and therefore its
proposal imposes no inappropriate or unnecessary burden on competition.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from ETP Holders or other interested parties.

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

    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 for 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 \7\ and Rule 19b-
4(f)(6)(iii) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6)(iii).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\9\
However, pursuant to Rule 19b-4(f)(6)(iii),\10\ 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 because doing so will
allow the Exchange to immediately implement the proposed change to the
post-Regular Trading Hours trading session, which will better align the
expenses of operating the post-Regular Trading Hours trading session
with the volume and revenue associated with that trading session.
According to the Exchange, the proposal will streamline the operation
of the Exchange and allow for more effective utilization of Exchange
resources. Accordingly, the Commission designates the proposed rule
change as operative upon filing with the Commission.\11\
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    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and the text of 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 pre-filing requirement.
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ 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 the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NSX-2014-13 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-NSX-2014-13. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NSX-2014-13,
and should be submitted on or before June 18, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-12229 Filed 5-27-14; 8:45 am]
BILLING CODE 8011-01-P