[Federal Register: November 23, 2009 (Volume 74, Number 224)]
[Notices]
[Page 61197-61198]
[DOCID:fr23no09-104]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60980; File No. SR-NASDAQ-2009-098]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Fees for Members Using the NASDAQ Options Market

November 10, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 30, 2009, The NASDAQ Stock Market LLC (``NASDAQ'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by NASDAQ. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ proposes to modify pricing for NASDAQ members using the
Nasdaq Market Center. This proposed rule change, which is effective
upon filing, will become operative on November 2, 2009. The text of the
proposed rule change is available at http://
nasdaqomx.cchwallstreet.com/, at NASDAQ's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    Nasdaq is modifying NASDAQ Rule 7050, the fee schedule for NOM,
regarding orders with an account type of ``Customer.'' Specifically,
Nasdaq is establishing a fee of $0.35 per executed contract for
Customer orders in Penny Pilot options, as opposed to the fee of $0.20
that has applied to such orders since July 2009. Nasdaq notes that this
fee remains lower than the fees that other options exchanges apply to
such customer orders.
    Nasdaq believes that the proposed fees are competitive, fair and
reasonable, and non-discriminatory in that they apply equally to all
similarly situated members and customers. As with all fees, Nasdaq may
adjust these proposed fees in response to competitive conditions by
filing a new proposed rule change.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\3\ in general, and with Section
6(b)(4) of the Act,\4\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which NASDAQ operates or controls. Consistent with past practice, the
proposed change identifies a class of person subject to transaction
execution fees based on the role of that class in bringing order flow
to NASDAQ.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \5\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\6\ At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \6\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File

Number SR-NASDAQ-2009-098 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2009-098. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro/shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing will also be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-NASDAQ-2009-098 and should be
submitted on or before December 14, 2009.

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

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-27993 Filed 11-20-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Rules and Regulations]
[Pages 2643-2646]
[FR Doc No: 2020-00375]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0963]
RIN 1625-AA00

Safety Zone; Morro Bay Harbor Entrance; Morro Bay, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone
in the navigable waters of the Morro Bay Harbor Entrance. This
temporary safety zone is being established to reduce significant
hazards subject to the vessels, the harbor, and the public during
periods of poor weather conditions. Entry of persons or vessels into
this temporary safety zone is prohibited unless specifically authorized
by the Captain of the Port (COTP), Los Angeles-Long Beach, or her
designated representative.

DATES: This rule is effective without actual notice from January 16,
2020 until 11:59 p.m. on March 15, 2020. For purposes of enforcement,
actual notice will be used from 12:01 a.m. on January 15, 2020 through
January 16, 2020. The

safety zone will be enforced when the COTP or her designated
representative deems it necessary because of hazardous, breaking, or
rough bar conditions, which will be broadcasted via local Broadcast
Notice to Mariners.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0963 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email the Waterways Management Branch, U.S. Coast
Guard Sector Los Angeles-Long Beach; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 this rule. Publishing an NPRM and responding to
comments would be impracticable in this case due to the short notice of
the severe weather predictions that may affect the Morro Bay Harbor
Entrance beginning on or around January 15th, 2020.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register, as delaying the
effective date of this rule would be impracticable because the weather
conditions are expected to begin on or around January 15th, 2020 and we
need to have this rule in place to protect vessels and persons
transiting the area.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port (COTP), Los Angeles-Long Beach has
determined that potential hazards exist during certain weather
conditions from January, 2020 to March, 2020, for all recreational and
commercial vessels operating in the vicinity of the Morro Bay Harbor
Entrance. This temporary safety zone is necessary to ensure the safety
of, and reduce the risk to, the persons and vessels that operate on and
in the vicinity of the Morro Bay Harbor Entrance.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from January 15th,
2020 through March 15th, 2020, encompassing all navigable waters from
the surface to the sea floor near the inside and outside of the mouth
of the Morro Bay Harbor entrance; within the following coordinates, in
approximate position: From a point on the shoreline at 35[deg]22.181''
N 120[deg]52.207'' W, thence westward to 35[deg]22.181'' N
120[deg]52.538'' W, thence southward to 35[deg]21.367'' N
120[deg]52.538'' W, thence eastward to a point on the shoreline at
35[deg]21.366'' N 120[deg]51.717'' W, thence northward along the
shoreline to a point inside the Morro Bay Harbor to 35[deg]22.153'' N
120[deg]51.698'' W, thence northwestward to a point on land at
35[deg]22.233'' N 120[deg]51.847'' W, thence southward along the
shoreline to the beginning. These coordinates are based on North
American Datum of 1983. The Coast Guard will turn on the Morro Bay
Rough Bar Warning Light (LLNR 3877; 35[deg]22.256'' N 120[deg]51.526''
W) to signify to mariners that rough bar conditions are taking place at
the entrance. No vessel or person would be permitted to operate in the
safety zone without obtaining permission from the COTP or her
designated representative. The safety zone will only be enforced when
the COTP or her designated representative deems it necessary because of
the rough bar conditions, and enforcement will cease immediately upon
conditions returning to safe levels. Sector Los Angeles-Long Beach may
be contacted on VHF-FM Channel 16 or<PHONE_NUMBER>. The general
boating public will be notified prior to the enforcement of the
temporary safety zone via Broadcast Notice to Mariners.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O.13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
    We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. This regulatory
action determination is based on the size, location, duration, and
time-of-year of the safety zone. Vessel traffic will be able to safely
transit around this safety zone, which will impact a small designated
area of Morro Bay Harbor, CA, as required, for approximately 2 months
and during a time of year when vessel traffic is normally low.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone and the rule allows 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 rule
will not have a significant economic impact on a substantial number of
small entities. While some owners or operators of vessels intending to
transit the safety zone may be small entities, for the

reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator. Under
section 213(a) of the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121), we want to assist small entities in
understanding this rule. If the rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, 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 establishment of a temporary safety
zone, limited in duration, when required by significant safety hazards.
This rule is categorically excluded from further review under paragraph
L60(c) of Section L of the Department of Homeland Security Instruction
Manual 023-01-001-01 (series). An environmental analysis checklist
supporting this determination and Record of Environmental Consideration
(REC) are available in the docket where indicated under ADDRESSES. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this 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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T11-015 to read as follows:

Sec.  165.T11-015   Safety Zone; Morro Bay Harbor Entrance; Morro Bay,
California.

    (a) Location. The following area is a safety zone: All navigable
waters from the surface to the sea floor near the inside and outside of
the mouth of the Morro Bay Harbor entrance; within the following
coordinates, in approximate position: From a point on the shoreline at
35[deg]22.181'' N 120[deg]52.207'' W, thence westward to
35[deg]22.181'' N 120[deg]52.538'' W, thence southward to
35[deg]21.367'' N 120[deg]52.538'' W, thence eastward to a point on the
shoreline at 35[deg]21.366'' N 120[deg]51.717'' W, thence northward
along the shoreline to a point inside the Morro Bay Harbor to
35[deg]22.153'' N 120[deg]51.698'' W, thence northwestward to a point
on land at 35[deg]22.233'' N 120[deg]51.847'' W, thence southward along
the shoreline to the beginning. This coordinate is based on North
American Datum of 1983.
    (b) Definitions. For the purposes of 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 Captain of the Port Los Angeles-Long
Beach (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, hail Coast Guard Sector Los
Angeles-Long Beach on VHF-FM Channel 16 or call at<PHONE_NUMBER>.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement period. This section will be enforced from 12:01
a.m. January 15, 2020, to 11:59 p.m. March 15, 2020. The Coast Guard
will turn on the Morro Bay Rough Bar Warning Light (Light List Number
(LLNR) 3877; 35[deg]22.256'' N 120[deg]51.526'' W) to signify to
mariners that rough bar conditions are taking place at the entrance. No
vessel or person would be permitted to operate in the safety zone
without obtaining

permission from the COTP or her designated representative. The safety
zone will only be enforced when the COTP or her designated
representative deems it necessary because of the rough bar conditions,
and enforcement will cease immediately upon conditions returning to
safe levels. General boating public will be notified prior to the
enforcement of the temporary safety zone via Broadcast Notice to
Mariners.

    Dated: January 7, 2020.
R.E. Ore,
Captain, U.S. Coast Guard, Acting Captain of the Port, Los Angeles-Long
Beach.
[FR Doc. 2020-00375 Filed 1-15-20; 8:45 am]
BILLING CODE 9110-04-P