[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37661-37663]
[FR Doc No: 2019-16414]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002; Internal Agency Docket No. FEMA-B-1945]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before October 30, 2019.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1945, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
                Henry County, Iowa and Incorporated Areas
Project: 16-07-2275S Preliminary Dates: April 30, 2018 and March 7, 2019
------------------------------------------------------------------------
City of Mount Pleasant.................  City Hall, 307 East Monroe
                                          Street, Mount Pleasant, IA
                                          52641.
City of Olds...........................  City Hall, 111 South Main
                                          Street, Olds, IA 52647.
City of Rome...........................  Rome City Hall, 104 East Maple
                                          Street, Mount Pleasant, IA
                                          52641.
City of Westwood.......................  Westwood City Hall, 3952
                                          Sycamore Drive, Mount
                                          Pleasant, IA 52641.
City of Winfield.......................  City Hall, 115 North Locust
                                          Street, Winfield, IA 52659.
Unincorporated Areas of Henry County...  Henry County Courthouse, 100
                                          East Washington Street, Mount
                                          Pleasant, IA 52641.
------------------------------------------------------------------------
               O'Brien County, Iowa and Incorporated Areas
          Project: 16-07-2353S Preliminary Date: March 15, 2019
------------------------------------------------------------------------
City of Calumet........................  City Hall, 113 West 2nd Street,
                                          Calumet, IA 51009.
City of Hartley........................  City Hall, 11 South Central
                                          Avenue, Hartley, IA 51346.
City of Paullina.......................  City Hall, 127 South Main
                                          Street, Paullina, IA 51046.
City of Primghar.......................  City Hall, 160 South Hayes
                                          Avenue, Primghar, IA 51245.
City of Sanborn........................  City Hall, 102 Main Street,
                                          Sanborn, IA 51248.
City of Sheldon........................  City Hall, 416 9th Street,
                                          Sheldon, IA 51201.
City of Sutherland.....................  City Hall, 110 Ash Street,
                                          Sutherland, IA 51058.
Unincorporated Areas of O'Brien County.  O'Brien County Courthouse, 155
                                          South Hayes Avenue, Primghar,
                                          IA 51245.
------------------------------------------------------------------------
               Wapello County, Iowa and Incorporated Areas
 Project: 17-07-0410S Preliminary Dates: December 17, 2018 and April 19,
                                  2019
------------------------------------------------------------------------
City of Agency.........................  Agency City Hall, 104 East Main
                                          Street, Agency, IA 52530.
City of Chillicothe....................  Chillicothe City Hall, 201 Main
                                          Street, Chillicothe, IA 52548.
City of Eddyville......................  Eddyville City Hall, 103 Front
                                          Street, Eddyville, IA 52553.
City of Eldon..........................  Eldon City Hall, 421 West Elm
                                          Street, Eldon, IA 52554.
City of Ottumwa........................  Ottumwa City Hall, 105 East 3rd
                                          Street, Ottumwa, IA 52501.
Unincorporated Areas of Wapello County.  Wapello County Planning,
                                          Zoning, and Building Division,
                                          536 Mill Street, Ottumwa, IA
                                          52501.
------------------------------------------------------------------------
             Winneshiek County, Iowa and Incorporated Areas
         Project: 17-07-0397S Preliminary Date: January 15, 2019
------------------------------------------------------------------------
City of Calmar.........................  City Hall, 101 South Washington
                                          Street, Calmar, IA 52132.
City of Decorah........................  City Hall, 400 Claiborne Drive,
                                          Decorah, IA 52101.
City of Fort Atkinson..................  City Hall, 98 Elm Street, Fort
                                          Atkinson, IA 52144.
City of Jackson Junction...............  City Hall, 1201 County Road
                                          V68, Jackson Junction, IA
                                          52171.
City of Ossian.........................  City Hall, 123 West Main
                                          Street, Ossian, IA 52161.
City of Spillville.....................  Spillville Public Library, 201
                                          Oak Street, Spillville, IA
                                          52168.
Unincorporated Areas of Winneshiek       Winneshiek County Courthouse,
 County.                                  201 West Main Street, Decorah,
                                          IA 52101.
------------------------------------------------------------------------
               Macomb County, Michigan (All Jurisdictions)
        Project: 13-05-1847S Preliminary Date: December 18, 2018
------------------------------------------------------------------------
City of New Baltimore..................  City Hall, 36535 Green Street,
                                          New Baltimore, MI 48047.
City of St. Clair Shores...............  City Hall, 27600 Jefferson
                                          Avenue, St. Clair Shores, MI
                                          48081.
Township of Chesterfield...............  Municipal Offices, 47275
                                          Sugarbush Road, Chesterfield,
                                          MI 48047.
Township of Harrison...................  Administrative Offices, 38151
                                          L'Anse Creuse, Harrison
                                          Township, MI, 48045.
------------------------------------------------------------------------
               Wayne County, Michigan (All Jurisdictions)
        Project: 13-05-4692S Preliminary Date: December 21, 2018
------------------------------------------------------------------------
Charter Township of Brownstown.........  Charter Township Offices, 21313
                                          Telegraph Road, Brownstown, MI
                                          48183.
City of Detroit........................  Coleman A. Young Municipal
                                          Center, 2 Woodward Avenue,
                                          Suite 401, Detroit, MI 48226.
City of Ecorse.........................  Albert B. Buday Civic Center,
                                          3869 West Jefferson Avenue,
                                          Ecorse, MI 48229.
City of Gibraltar......................  City Hall, 29450 Munro Avenue,
                                          Gibraltar, MI 48173.
City of Grosse Pointe..................  City Hall, 17147 Maumee Avenue,
                                          Grosse Pointe, MI 48230.
City of Grosse Pointe Farms............  City Hall, 90 Kerby Road,
                                          Grosse Pointe Farms, MI 48236.
City of Grosse Pointe Park.............  City Office, 15115 East
                                          Jefferson Avenue, Grosse
                                          Pointe Park, MI 48230.
City of River Rouge....................  Civic Center, 10600 West
                                          Jefferson Avenue, River Rouge,
                                          MI 48218.
City of Riverview......................  City Hall, 14100 Civic Park
                                          Drive, Riverview, MI 48193.
City of Rockwood.......................  City Hall, 32409 Fort Road,
                                          Rockwood, MI 48173.
City of Trenton........................  City Hall, 2800 Third Street,
                                          Trenton, MI 48183.
City of Wyandotte......................  City Hall, 3200 Biddle Avenue,
                                          Suite 200, Wyandotte, MI
                                          48192.

Township of Grosse Ile.................  Township Offices, 9601 Groh
                                          Road, Grosse Ile, MI 48138.
Village of Grosse Pointe Shores........  Village Offices, 795 Lake Shore
                                          Road, Grosse Pointe Shores, MI
                                          48236.
------------------------------------------------------------------------
        Yellow Medicine County, Minnesota and Incorporated Areas
 Project: 14-05-4674S Preliminary Dates: August 29, 2016 and January 11,
                                  2019
------------------------------------------------------------------------
City of Canby..........................  City Hall, 110 Oscar Avenue
                                          North, Canby, MN 56220.
City of Granite Falls..................  City Hall, 641 Prentice Street,
                                          Granite Falls, MN 56241.
City of Hanley Falls...................  City Hall, 109B 1st Street
                                          North, Hanley Falls, MN 56245.
City of Porter.........................  City Hall, 301 Lone Tree
                                          Street, Porter, MN 56280.
City of Wood Lake......................  City Hall, 88 2nd Avenue West,
                                          Wood Lake, MN 56297.
Unincorporated Areas of Yellow Medicine  Planning and Zoning Office,
 County.                                  1000 10th Avenue, Suite 2,
                                          Clarkfield, MN 56223.
Upper Sioux Community..................  Upper Sioux Community Tribal
                                          Office, 5722 Travers Lane,
                                          Granite Falls, MN 56241.
------------------------------------------------------------------------
              Dent County, Missouri and Incorporated Areas
          Project: 17-07-0683S Preliminary Date: April 9, 2019
------------------------------------------------------------------------
City of Salem..........................  City Administration Building,
                                          400 North Iron Street, Salem,
                                          MO 65560.
Unincorporated Areas of Dent County....  Dent County Courthouse, 400
                                          North Main Street, Salem, MO
                                          65560.
------------------------------------------------------------------------

[FR Doc. 2019-16414 Filed 7-31-19; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Rules and Regulations]
[Pages 87716-87719]
[FR Doc No: 2023-27774]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2023-0073]
RIN 1625-AA00

Safety Zone; South Fork Wind Farm Project Area, Outer Continental
Shelf, Lease OCS-A 0517, Offshore Rhode Island, Atlantic Ocean

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is extending the effective period for the 13
temporary 500-meter temporary safety zones around the construction of
12 wind turbine generators (WTGs) and one offshore substation (OSS)
located in the South Fork Wind Farm (SFWF) project area within Federal
waters on the Outer Continental Shelf (OCS), specifically, in the
Bureau of Ocean Energy Management (BOEM) Renewable Energy Lease Area
OCS-A 0517, approximately 16 nautical miles (NM) southeast of Block
Island, Rhode Island, and 30 NM east of Montauk Point, New York. This
rule extends the effective period of the existing safety zones for an
additional five months. The safety zones will now end on May 31, 2024.
This action is necessary to provide for the safety of life, property,
and the environment during the anticipated construction of each
facility's monopile type foundation and subsequent installation of the
WTGs turbines and OSS platform. When enforced, only attending vessels
and those vessels specifically authorized by the First Coast Guard
District Commander or a designated representative are permitted to
enter or remain in the safety zones.

DATES: This temporary interim rule is effective from January 1, 2024,
through May 31, 2024. Comments and related material must be received by
the Coast Guard on or before March 18, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0073 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. To view documents mentioned in
this preamble as being available in the docket, go to https://www.regulations.gov, type USCG-2023-0073 in the search box and click
``Search.'' Next, in the Document Type column, select ``Supporting &
Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Mr. Craig Lapiejko, Waterways Management, at
Coast Guard First District, telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
OSS Offshore substation
NM Nautical mile
Sec.  Section
SFWF South Fork Wind Farm
U.S.C. United States Code
WTG Wind turbine generator

II. Background, Purpose, and Legal Basis

    On May 2, 2023, the Coast Guard published a temporary final rule
(TFR) establishing 13 temporary 500-meter safety zones around the
construction of 12 wind turbine generators (WTGs) and one offshore
substation (OSS) located in the South Fork Wind Farm (SFWF) project
area within Federal waters on the Outer Continental Shelf (OCS),
specifically, in the Bureau of Ocean Energy Management (BOEM) Renewable
Energy Lease Area OCS-A 0517, approximately 16 nautical miles (NM)
southeast of Block Island, Rhode Island, and 30 NM east of Montauk
Point, New York (88 FR 27402).
    The Coast Guard originally published a temporary rule to be
effective, and enforceable, through December 31, 2023. We are now
extending it to May 31, 2024, to provide more time for the completion
of the installation of the wind turbine generator (WTG) structures.
This rule extends the effective period of the safety zones for five
months until May 31, 2024.
    The First Coast Guard District Commander has determined that
extension of the 13 safety zones through rulemaking is warranted to
ensure the safety of life, property, and the environment within a 500-
meter radius of each of the 13 facilities during their construction.
    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to extending the effective period for the safety zone
because doing so would be impracticable and contrary to the public
interest. The Coast Guard did not receive sufficient notice that the
windfarm construction would not be completed until May 31, 2024, to
allow time to publish an NPRM, reviewing public comment, and publishing
a subsequent rule. Providing this prior public notice and opportunity
to comment is contrary to the public's interest and impracticable
because doing so could result in a lapse in the safety zone's
enforceability, and safety concerns with vessels and persons transiting
too close to the construction efforts. Immediate action is needed to
protect persons and property from the potential dangers associated with
the construction.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary interim rule effective less than 30
days after publication in the Federal Register. The current temporary
final rule around the windfarm construction ends on December 31, 2023,
but the construction will be ongoing after that date. Delaying the
effective date of this temporary interim rule would be contrary to the
public's interest and impracticable because action is needed starting
January 1, 2024, to protect persons and vessels from the potential
safety hazards associated with the ongoing windfarm construction.
    We are soliciting comments on the extension of the enforcement
period of this safety zone. If the Coast Guard determines that changes
to the temporary interim rule are necessary, we will publish a
temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority provided
in 14 U.S.C. 544, 43 U.S.C. 1333, and Department of Homeland Security

(DHS) Delegation No. 00170.1, Revision No. 01.3. As an implementing
regulation of this authority, 33 CFR part 147 permits the establishment
of safety zones for non-mineral energy resource permanent or temporary
structures located on the OCS for the purpose of protecting life and
property on the facilities, appurtenances and attending vessels, and on
the adjacent waters within the safety zone (see 33 CFR 147.10).
Accordingly, a safety zone established under 33 CFR part 147 may also
include provisions to restrict, prevent, or control certain activities,
including access by vessels or persons to maintain safety of life,
property, and the environment.

IV. Discussion of Changes and the Rule

    This rule extends the effective period of the 13 temporary 500-
meter safety zones around the construction of 12 WTGs and one OSS on
the OCS for five additional months until May 31, 2024. When enforced,
this rule will continue to prohibit unauthorized vessel or person to
enter the safety zone without obtaining permission from the First Coast
Guard District Commander or a designated representative. All other
requirements in the temporary safety zone issued on May 2, 2023 (88 FR
27402), remain the same.
    If the project is completed before May 31, 2024, enforcement of the
safety zones will be suspended, and notice given via Local Notice to
Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. A summary of our analyses based
on these statutes and Executive orders follows.

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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the rule
has not been reviewed by the Office of Management and Budget (OMB).
    Aligning with 33 CFR 147.15, the safety zones established will
extend to a maximum distance of 500-meters around the OCS facility
measured from its center point. Vessel traffic will be able to safely
transit around the safety zones, which will impact a small, designated
area in the Atlantic Ocean, without significant impediment to their
overall voyage. These safety zones are necessary to provide for the
safety of life, property, and the environment during the construction
of each structure, in accordance with Coast Guard maritime safety
missions and the First Coast Guard District Commander's finding.

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 received zero comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant economic
impact on a substantial number of small entities.
    This rule may affect owners or operators of vessels intending to
transit or anchor in the SFWF, some of which might be small entities.
However, these safety zones will not have a significant economic impact
on a substantial number of these entities because they are temporarily
enforced, allow for deviation requests, and do not impact vessel
transit significantly. Regarding the enforcement period, although these
safety zones will continue to be in effect through May 31, 2024,
vessels would only be prohibited from the regulated zone during periods
of actual construction activity in correspondence to the period of
enforcement. We expect the enforcement period at each location to last
approximately 48 hours as construction progresses from one structure
location to the next. Additionally, vessel traffic could pass safely
around each safety zone using an alternate route. Use of an alternate
route likely will cause minimal delay for the vessel in reaching their
destination depending on other traffic in the area and vessel speed.
Vessels will also be able to request deviation from this rule to
transit through a safety zone. Such requests will be considered on a
case by-case basis and may be authorized by the First Coast Guard
District Commander or a designated representative. For these reasons,
the Coast Guard expects any impact of this rulemaking establishing a
temporary safety zone around these OCS facilities to be minimal and
have no significant economic impact on 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 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it 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.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In

particular, the Act addresses actions that may result in the
expenditure by a State, local, or tribal government, in the aggregate,
or by the private sector of $100,000,000 (adjusted for inflation) or
more in any one year. Though this rule will not result in such an
expenditure, we do discuss the potential effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishment of a safety zone around an OCS facility to protect life,
property, and the marine environment. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

VI. 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. If we determine that changes to the temporary interim rule are
necessary, the Coast Guard will publish a temporary final rule or other
appropriate document. 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.
    Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0073 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
temporary interim rule as being available in the docket, find the
docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. Public
comments will also be placed in our online docket and can be viewed by
following instructions on the https://www.regulations.gov Frequently
Asked Questions web page. Also, if you click on the Dockets tab and
then the temporary interim rule, you should see a ``Subscribe'' option
for email alerts. The option will notify you when comments are posted,
or a subsequent document is published.
    We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (waters).
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 147 as follows:

PART 147--SAFETY ZONES

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

    Authority: 14 U.S.C. 544; 43 U.S.C. 1333; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3.

0
2. Add Sec.  147.T01-0073 to read as follows:

Sec.  147.T01-0073  Safety Zones; South Fork Wind Farm Project Area,
Outer Continental Shelf, Lease OCS-A 0517, Offshore Rhode Island,
Atlantic Ocean.

    (a) Description. The area within 500-meters of the center point of
the positions (North American Datum of 1983 (NAD83)) provided in the
following table is a safety zone:

                                            Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
                           Name                              Facility type       Latitude          Longitude
----------------------------------------------------------------------------------------------------------------
AM05......................................................             WTG      N 41.10879493      W-71.19110374
AM06......................................................             WTG      N 41.10921219      W-71.16906236
AM07......................................................             WTG      N 41.10962524      W-71.14702052
AM08......................................................             WTG      N 41.11003408      W-71.12497822
AN05......................................................             WTG      N 41.09212418      W-71.19054951
AN06......................................................             WTG      N 41.09195639      W-71.16788437
AN08......................................................             WTG      N 41.09336261      W-71.12444068
AN09......................................................             WTG        N 41.093767       W-71.1024035
AP05......................................................             WTG      N 41.07545338      W-71.18999573
AP06......................................................             OSS      N 41.07587016      W-71.16796548
AP07......................................................             WTG      N 41.07628273      W-71.14593476
AP08......................................................             WTG      N 41.07669109      W-71.12390359
AP09......................................................             WTG      N 41.07709524      W-71.10187197
----------------------------------------------------------------------------------------------------------------

    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a

Federal, State, and local officer designated by or assisting the First
Coast Guard District Commander in the enforcement of the safety zones.
    (c) Regulations. No vessel may enter or remain in the safety zone
in paragraph (a) of this section except for the following:
    (1) An attending vessel as defined in Sec.  147.20; and
    (2) A vessel authorized by the First Coast Guard District Commander
or a designated representative.
    (d) Request for permission. Persons or vessels seeking to enter the
safety zone must request authorization from the First Coast Guard
District Commander or a designated representative. If permission is
granted, all persons and vessels must comply with lawful instructions
of the First Coast Guard District Commander or designated
representative via VHF-FM channel 16 or by phone at<PHONE_NUMBER> (First
Coast Guard District Command Center).
    (e) Effective and enforcement periods. This section is effective
from January 1, 2024, through 11:59 p.m. on May 31, 2024. But it will
only be enforced during active construction or other instances which
may cause a hazard to navigation deemed necessary by the First Coast
Guard District Commander. The First Coast Guard District Commander will
make notification of the exact dates and times in advance of each
enforcement period for the locations in paragraph (a) of this section
to the local maritime community through the Local Notice to Mariners
and will issue a Broadcast Notice to Mariners via marine channel 16
(VHF-FM) as soon as practicable in response to an emergency. If the
project is completed before May 31, 2024, enforcement of the safety
zones will be suspended, and notice given via Local Notice to Mariners.
The First Coast Guard District Local Notice to Mariners can be found
at: https://www.navcen.uscg.gov.

    Dated: December 13, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-27774 Filed 12-18-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 13, 2007 (Volume 72, Number 134)]
[Notices]
[Page 38639-38641]
[DOCID:fr13jy07-125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56028; File No. SR-NASDAQ-2007-031]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of a Proposed Rule Change Relating to Three-
Characters Ticker Symbols

July 9, 2007.

I. Introduction

    On March 29, 2007, 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 allow an
issuer with a three-character ticker symbol that transfers its listing
to Nasdaq from another listing market to continue using its three-
character ticker symbol on Nasdaq. The proposed rule change was
published for comment in the Federal Register on April 4, 2007.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55563 (March 30,
2007), 72 FR 16391.
---------------------------------------------------------------------------

    The Commission received 24 comment letters on the proposal.\4\ On
May 1, 2007, Nasdaq filed a response to the comment letters.\5\ This
order approves the proposed rule change.
---------------------------------------------------------------------------

    \4\ See letters from Edward J. Resch, Executive Vice President,
Chief Financial Officer and Treasurer, State Street Corporation,
dated May 21, 2007 (``State Street Letter''); Larry A. Mizel,
Chairman and Chief Executive Officer, M.D.C. Holdings, Inc. (``MDC
Letter''), dated May 17, 2007; Jack R. Hartung, Chief Finance and
Development Officer, Chipotle Mexican Grill, dated May 15, 2007
(``Chipotle Letter''); Carol R. Kaufman, Sr. Vice President Legal
Affairs, The Cooper Companies, Inc., dated May 14, 2007 (``Cooper
Companies Letter''); Farooq Kathwari, Chairman, President and CEO,
Ethan Allen Interiors, Inc., dated May 9, 2007 (``Ethan Allen
Letter''); James J. Angel, Associate Professor of Finance, McDonough
School of Business, Georgetown University, dated May 9, 2007
(``Angel Letter''); Jack Sennott, Senior Vice President and Chief
Financial Officer, Darwin Professional Underwriters, Inc., dated May
8, 2007 (``Darwin Letter''); Bart J. Ward, Chief Executive Officer,
Ward & Company, dated May 8, 2007 (``Ward Letter''); Craig D.
Mallick, Corporate Secretary, United States Steel Corporation, dated
May 4, 2007 (``United States Steel Letter''); Michael Tenenbaum,
Trustee, Strategic Technologies Employees Pension Fund Trust, dated
May 2, 2007 (``Strategic Technologies Letter''); Carrie E. Dwyer,
General Counsel and Executive Vice President Corporate Oversight,
The Charles Schwab Corporation (``Schwab''), dated April 27, 2007
(``Schwab Letter''); Mary Yeager, Assistant Secretary, New York
Stock Exchange LLC (``NYSE''), dated April 25, 2007 (``NYSE
Letter''); Patrick J. Healy, Issuer Advisory Group, dated April 24,
2007 (``Issuer Advisory Group Letter''); Neal L. Wolkoff, Chairman
and Chief Executive Officer, American Stock Exchange LLC (``Amex''),
dated April 16, 2007 (``Amex Letter''); Eric W. Nodiff, Sr. V.P. and
General Counsel, Cantel Medical Corp., dated April 9, 2007 (``Cantel
Medical Letter''); Dave Patch, dated April 6, 2007 (``Patch
Letter''); Steve S. Fishman, Chairman and Chief Executive Officer,
Big Lots, Inc., dated April 4, 2007 (``Big Lots Letter''); David M.
Brain, President and CEO, Entertainment Properties Trust, dated
April 3, 2007 (``Entertainment Properties Trust Letter''); Cathy
Burzik, President and Chief Executive Officer, Kinetic Concepts,
Inc., dated March 30, 2007 (``Kinetic Concepts Letter''); Edward W.
Moore, Vice President, General Counsel & Secretary, RPM
International Inc., dated March 29, 2007 (``RPM Letter''); Leo
Liebowitz, Chairman and Chief Executive Officer, Getty Realty Corp.,
dated March 29, 2007 (``Getty Realty Letter''); Timothy J.
O'Donovan, Chairman of the Board and Chief Executive Officer,
Wolverine World Wide, Inc., dated March 28, 2007 (``Wolverine World
Wide Letter''); Jason Korstange, SVP, Director of Corporate
Communications, TCF Financial Corporation, dated March 28, 2007
(``TCF Financial Letter''); and Edward F. Tancer, Vice President &
General Counsel, FPL Group, Inc., dated March 28, 2007 (``FPL Group
Letter'').
    \5\ See letter from Joan C. Conley, Senior Vice President and
Corporate Secretary, Nasdaq, to Nancy M. Morris, Secretary,
Commission, dated May 1, 2007 (``Nasdaq Response Letter'').
---------------------------------------------------------------------------

II. Description of the Proposal

    Historically, it has been the practice of NYSE, Amex, and the
regional exchanges to list securities using three-character ticker
symbols, and of Nasdaq to list securities using four- and five-
character symbols.\6\ Nasdaq recently submitted a proposed rule change
to begin listing Delta Financial Corp., a security that transferred its
listing from Amex, while retaining its three-character symbol
(``DFC'').\7\
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    \6\ It has also been the practice of NYSE, Amex, and the
regional exchanges to list securities using two-character ticker
symbols. In addition, NYSE lists securities with one-character
ticker symbols.
    \7\ See Securities Exchange Act Release No. 55519 (March 26,
2007), 72 FR 15737 (April 2, 2007) (SR-NASDAQ-2007-025).
---------------------------------------------------------------------------

    Nasdaq now proposes to allow any issuer with a three-character
ticker symbol that transfers its listing to Nasdaq from another
domestic listing market to continue using its three-character ticker
symbol on Nasdaq.

III. Summary of Comments

    Four commenters expressed support for Nasdaq's proposal; \8\ the
remaining 20 commenters, including 16 issuers listed on NYSE, objected
to Nasdaq listing transferred securities with their three-character
ticker symbols.\9\
---------------------------------------------------------------------------

    \8\ See Angel Letter, Schwab Letter, Issuer Advisory Group
Letter, and Patch Letter.
    \9\ See State Street Letter, MDC Letter, Chipotle Letter, Cooper
Companies Letter, Ethan Allen Letter, Darwin Letter, Ward Letter,
United States Steel Letter, Strategic Technologies Letter, NYSE
Letter, Amex Letter, Cantel Medical Letter, Big Lots Letter,
Entertainment Properties Trust Letter, Kinetic Concepts Letter, RPM
Letter, Getty Realty Letter, Wolverine World Wide Letter, TCF
Financial Letter, and FPL Group Letter.
---------------------------------------------------------------------------

    The commenters objecting to the proposal generally argued that the
proposal would violate the long-

standing practice of allowing only NYSE-listed securities to use three-
character ticker symbols,\10\ cause confusion in the marketplace,\11\
and circumvent the ongoing efforts of self-regulatory organizations
(``SROs'') to develop a national market system plan for the selection
and reservation of securities ticker symbols.\12\ In addition, two
commenters argued that the proposal could cause a shortage of one-,
two-, or three-character ticker symbols.\13\
---------------------------------------------------------------------------

    \10\ Id.
    \11\ See Ward Letter, NYSE Letter, Amex Letter, Big Lots Letter,
and Wolverine World Wide Letter.
    \12\ See Ward Letter, NYSE Letter, Amex Letter, and RPM Letter.
    \13\See NYSE Letter and Amex Letter. The Amex Letter, among
other comment letters, expressed views on Nasdaq listing one- and
two-character ticker symbols; however, this proposed rule change
relates only to the transfer of three-character ticker symbol
listings.
---------------------------------------------------------------------------

    In support of the proposal, some commenters asserted that the
proposal would enhance competition among markets and reduce the
potential for investor confusion.\14\ In its letter, Nasdaq responded
to the commenters, stating that it believed that many of the commenters
opposing the proposal misunderstood its proposal and the current use of
symbols by the securities markets, and reiterated its belief that the
proposal would reduce investor confusion and promote competition among
exchanges.\15\
---------------------------------------------------------------------------

    \14\ See Angel Letter, Schwab Letter, and Issuer Advisory Group
Letter.
    \15\ See Nasdaq Response Letter.
---------------------------------------------------------------------------

IV. Discussion

    After a careful review of the proposed rule change, the comment
letters, and the Nasdaq Response Letter, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
the regulations thereunder applicable to a national securities
exchange.\16\ In particular, the Commission finds that the proposal is
consistent with Section 6(b)(5) of the Act,\17\ which requires that the
rules of a national securities exchange be designed, among other
things, 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, and Section 6(b)(8) of the Act,\18\ which requires
that the rules of an exchange not impose any burden on competition that
is not necessary or appropriate in furtherance of the Act.
---------------------------------------------------------------------------

    \16\ In approving the proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
    \18\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

A. Competition Among the Listing Markets

    The Commission notes that national securities exchanges often allow
issuers to retain the ticker symbols that identify their securities
when such issuers transfer their listings to another exchange, other
than Nasdaq.\19\ This proposal would allow Nasdaq to participate in
this existing practice, along with all other national securities
exchanges, for issuers with three-character ticker symbols.\20\
---------------------------------------------------------------------------

    \19\ See, e.g., Darwin Professional Underwriters (on April 18,
2007, moved from NYSE Arca to NYSE and retaining its symbol DR) and
Yamana Gold Inc. (on January 12, 2007, moved from Amex to NYSE and
retaining its symbol AUY).
    \20\ Some of the commenters expressed views on Nasdaq listing
one- and two-character ticker symbols; however, these considerations
are beyond the scope of this proposed rule change, which covers only
the transfer of three-character ticker symbols.
---------------------------------------------------------------------------

    Nasdaq and the commenters supporting the proposal asserted that the
proposed rule change would allow publicly-listed issuers to choose
their marketplace based on objective factors such as trading quality,
costs, and branding, and not based on symbol portability.\21\
Currently, an issuer deciding whether to transfer its listing to Nasdaq
must consider, among other factors, the fact that it would need to
change its ticker symbol. For example, the Schwab Letter stated that,
when it considered transferring its listing to Nasdaq, the prospect of
changing its symbol was a negative factor in its analysis regarding
whether to transfer its listing. Schwab noted that the change in its
ticker symbol, resulting from the transferring of its listing to
Nasdaq, necessitated operational and systems changes at Schwab and
industry-wide at other financial services firms and required the
expenditure of other resources to inform its investors of that change.
---------------------------------------------------------------------------

    \21\ See Issuer Advisory Group Letter and Nasdaq Response
Letter.
---------------------------------------------------------------------------

    The Commission notes that when an issuer is seeking to transfer its
listing to an exchange other than Nasdaq, such issuer's analysis is not
typically encumbered by considerations of changing its symbol and the
attending administrative and other costs associated with that process.
The proposed rule change would eliminate the considerations associated
with changing its ticker symbol from the decision by an issuer
identified by a three-character symbol to transfer its listing to
Nasdaq.\22\ Thus, the Commission believes that the proposed rule
change, by allowing issuers to retain their three-character ticker
symbols upon transferring their listings to Nasdaq, would remove a
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act and would thereby enhance competition between
Nasdaq and the other exchanges in the business of providing a listing
venue.
---------------------------------------------------------------------------

    \22\ Of course, an issuer could request a new ticker symbol if
it so desired.
---------------------------------------------------------------------------

B. Investor Confusion

    The Commission also believes that allowing an issuer to retain the
three-character ticker symbol that identifies its security upon
transferring its listing to Nasdaq does not increase, and may reduce,
the potential for confusion in the marketplace by an issuer changing
its ticker symbol. Commenters supporting the proposal asserted that
changing an issuer's ticker symbol often results in investor confusion
and costly investment mistakes.\23\ In its letter, Schwab stated that
its ticker symbol change required it to expend time and resources to
combat the confusion that the change would have caused among its
individual stockholders who had come to identify it with its three-
character symbol. The Commission notes that issuers transferring their
listings to exchanges other than Nasdaq typically avoid such confusion
by retaining their ticker symbols.\24\
---------------------------------------------------------------------------

    \23\ See Angel Letter, Issuer Advisory Group Letter, and Schwab
Letter.
    \24\ The Nasdaq Response Letter stated that, of the 200 issuers
transfers of existing three-character symbols since August 2001, all
but one of those issuers have retained their symbols upon their
transfer to a new exchange.
---------------------------------------------------------------------------

    The commenters objecting to the proposal, however, asserted that
the proposed rule change, for various reasons, would cause confusion in
the marketplace. The majority of such commenters argued that three-
character ticker symbols are a hallmark of NYSE-listed securities \25\
and that, consequently, expanding the use of three-character ticker
symbols to Nasdaq-listed securities would result in investor
confusion.\26\ The Commission notes, however, that all of the

exchanges, except Nasdaq,\27\ may list securities using three-character
ticker symbols.\28\ Unlike one-character symbols, three-character
symbols are not associated by investors with any one market. The
Commission also notes that the transfer of securities listings with
three-character ticker symbols typically occur among other exchanges
without any discernable confusion or disruption to the marketplace.\29\
---------------------------------------------------------------------------

    \25\ Based on this premise, these commenters also argued that
three-character ticker symbols signal NYSE's high qualitative
listing standards and that allowing Nasdaq to list securities with
three-character ticker symbols would blur the distinction between
NYSE-listed and other exchange-listed securities and diminish the
branding of NYSE-listed securities.
    \26\ See Strategic Technologies Letter, NYSE Letter, Cantel
Medical Letter, Big Lots Letter, Kinetic Concepts Letter, RPM
Letter, Getty Realty Letter, Wolverine World Wide Letter, TCF
Financial Letter, and FPL Group Letter.
    \27\ With the exception of the transfer of the DFC listing,
Nasdaq currently only lists securities of companies using four- or
five-character symbols. See supra note 7 and accompanying text.
    \28\ For example, as noted in the Angel Letter, the NAIC Growth
Fund lists on the Chicago Stock Exchange, Inc. with the ticker
symbol ``GRF''.
    \29\ Nasdaq has also represented that its recent listing of DFC
occurred without any trading problems. The Amex Letter tacitly
agreed with this view, but argued that the lack of trading problems
associated with DFC is not the best proxy for other companies that
may transfer their listings to Nasdaq because it believed that DFC
is a microcap company. The Nasdaq Response Letter, however, disputed
this argument and the Amex Letter's labeling of DFC as a ``microcap
company,'' citing the fact that DFC has a market capitalization of
over $230 million, a figure that it contends is nearly triple the
$67 million market capitalization of the median Amex issuer.
---------------------------------------------------------------------------

    Another commenter asserted that three-character symbols are
exclusive indicators of securities trading on NYSE's and Amex's
specialist-based markets, and that it would cause confusion if such
symbols were used on Nasdaq's dealer market.\30\ However, as the
Commission noted above, exchanges other than NYSE and Amex may list
securities with three-character symbols.\31\
---------------------------------------------------------------------------

    \30\ See Amex Letter.
    \31\ For example, NYSE Arca lists three-character symbols. See
also supra note 27.
---------------------------------------------------------------------------

C. National Market System Plan Process

    Some of the commenters have expressed concern that the proposed
rule change would disrupt or circumvent ongoing efforts by the SROs to
develop a national market system plan.\32\ The Commission recently
received two proposed national market system plans for the selection
and reservation of ticker symbols submitted by two separate groups of
SROs.\33\ The Commission is currently considering these plans and
intends to publish the proposed plans for public comment.\34\ The
Commission believes that its approval of the proposed rule change is
independent of its consideration of these plans. The Commission under
Rule 608(b)(2) may declare effective any national market system plan or
plans for the selection and reservation of ticker symbols that is
consistent with the requirements of the Act. Participants in any such
plan would be required to comply with its requirements, which could
necessitate changes to SRO rules.\35\
---------------------------------------------------------------------------

    \32\ See Ward Letter, NYSE Letter, Amex Letter, and RPM Letter.
    \33\ See Proposed NMS Plan for the Selection and Reservation of
Securities Symbols by the Chicago Stock Exchange, Inc., Nasdaq,
National Association of Securities Dealers, Inc., National Stock
Exchange, Inc. and Philadelphia Stock Exchange, Inc. (available at
http://www.sec.gov/rules/sro/4-533revised.pdf) and Proposed NMS Plan

for the Selection and Reservation of Securities Symbols by Amex,
NYSE and NYSE Arca (available at http://www.sec.gov/rules/sro/4-534.pdf
).

    \34\ See Press Release, Commission, SEC Announces Process for
Proposals on Securities `Ticker' Symbols (April 5, 2007) (available
at http://www.sec.gov/news/press/2007/2007-63.htm).

    \35\ See 15 U.S.C. 78k-1(a)(3) and 17 CFR 242.608(b) and (c).
The NYSE Letter referenced a ``Symbol Reservation Plan,'' which it
stated has operated to allocate and reserve symbols for over 30
years. The Commission notes, however, that no such plan has been
approved by the Commission.
---------------------------------------------------------------------------

D. Symbol Shortage

    Two commenters argued that the proposal could create a shortage of
available three-character ticker symbols.\36\ Nasdaq's proposal,
however, would only permit it to list securities with three-character
ticker symbols when such issuer transfers its listing from another
exchange; the proposal would not permit Nasdaq to list new securities
with three-character ticker symbols. The Commission, therefore, does
not believe Nasdaq's proposal would have a negative impact on the
availability of three-character ticker symbols.
---------------------------------------------------------------------------

    \36\ See NYSE Letter and Amex Letter.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\37\ that the proposed rule change (SR-NASDAQ-2007-031) be, and
hereby is, approved.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78s(b)(2).

    By the Commission.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-13578 Filed 7-12-07; 8:45 am]

BILLING CODE 8010-01-P