[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Proposed Rules]
[Pages 36953-36956]
[FR Doc No: 2015-15934]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0022]
RIN 1625-AA00

Safety Zone; Charleston Patriot Festival, Cooper River;
Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the
Cooper River in Charleston, South Carolina during the International
Outboard Grand Prix (IOGP) Charleston Patriot Festival, a series of
high-speed boat races. The event is scheduled to take place on Friday,
September 11 through Sunday, September 13, 2015. Approximately 25 high-
speed race boats are anticipated to participate in the races. This
safety zone is necessary to provide for the safety of life and property
on navigable waters of the United States during the event. This safety
zone would temporarily restrict vessel traffic in a portion of Cooper
River in front of River Front Park. Persons and vessels that are not
participating in the races would be prohibited from entering,
transiting through, anchoring in, or remaining within the restricted
area unless authorized by the Captain of the Port Charleston or a
designated representative.

DATES: This proposed rule would be effective from September 11, 2015
until September 13, 2015. It would be enforced on September 11, 2015
from 4:00 p.m. until 6:45 p.m.; on September 12, 2015 from 9:00 a.m.
until 7:30 p.m.; and on September 13, 2015 from 10:00 a.m. until 5:45
p.m. There will be periodic river openings between each race.
    Comments and related material must be received by the Coast Guard
on or before July 29, 2015. Requests for public meetings must be
received by the Coast Guard on or before July 14, 2015.

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

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Christopher Ruleman, Sector
Charleston Office of Waterways Management, Coast Guard; telephone
(843)-740-3184, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

A. Public Participation and Request for Comments

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

1. Submitting Comments

    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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2015-0022] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2015-0022) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

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

4. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a
request for one on or before July 14, 2015 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register. For information on facilities or
services for individuals with disabilities or to request special
assistance at the public meeting, contact the person named in the FOR
FURTHER INFORMATION CONTACT section, above.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish a safety zone: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation
No. 0170.1.
    The purpose of the proposed rule is to protect the safety of
spectator and participant vessels and to ensure safety of life and
property of the general public on the navigable waters of the United
States during the IOGP Charleston Patriot Festival boat races.

C. Discussion of Proposed Rule

    On Friday September 11 through Sunday September 13, 2015 the IOGP
will host ``Charleston Patriot Festival'' a series of high-speed boat
races. The event will be held on a portion of Cooper River in
Charleston, South Carolina. Approximately 25 high-speed race boats are
anticipated to participate in the races.
    The proposed rule would establish a safety zone to encompass
certain waters of the Cooper River in Charleston, South Carolina. The
safety zone would be enforced daily: 4:00 p.m. through 6:45 p.m. on
September 11, 9:00 a.m. through 7:30 p.m. on September 12, and 10:00
a.m. through 5:45 p.m. on September 13, 2015. There will be periodic
river openings to allow vessel traffic to pass between races. The
safety zone establishes a regulated area around vessels participating
in the event in the vicinity of Cooper River Front Park. Persons and
vessels, except those participating in the race, would be prohibited
from entering, transiting through, anchoring, or remaining within the
safety zone unless specifically authorized by the Captain of the Port
Charleston or a designated representative. Persons and vessels would be
able to request authorization to enter, transit through, anchor in, or
remain within the regulated area by contacting the Captain of the Port
Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16. If authorization to enter,
transit through, anchor in, or remain within the regulated area is
granted by the Captain of the Port Charleston or a designated
representative, all persons and vessels receiving such authorization
would be required to comply with the instructions of the Captain of the
Port Charleston or designated representative. The Coast Guard would
provide notice of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this proposed rule is not significant for the following reasons: (1)
Although persons and vessels would not be able to enter, transit
through, anchor in, or remain within the regulated area without
authorization from the Captain of the Port Charleston or a designated
representative, they would be able to operate in the surrounding area
during the enforcement periods; (2) even during the enforcement
periods, the River would periodically open between races to allow
vessel traffic to pass; (3) persons and vessels would still be able to
enter, transit through, anchor in, or remain within the regulated area
if authorized by the Captain of the Port Charleston or a designated
representative; and (4) the Coast Guard would provide advance
notification of the regulated area to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 will not have a significant economic impact on a
substantial number of small entities: This proposed rule may affect the
following entities, some of which may be small entities: The owners or
operators of vessels intending to enter, transit through, anchor in, or
remain within that portion of the Charleston harbor encompassed within
the safety zone on September 11, 2015 from 4:00 p.m. until 6:45 p.m.;
on September 12, 2015 from 9:00 a.m. until 7:30 p.m.; and on September
13, 2015 from 10:00 a.m. until 5:45 p.m. For the reasons discussed in
the Regulatory Planning and Review section above, this proposed rule
would not have a significant economic impact on a substantial number of
small entities.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. 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 above. 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.

4. Collection of Information

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

5. Federalism

    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
determined that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing a safety zone effective from 4:00 p.m. September
11 through 5:45 p.m. on September 13, 2015. This proposed rule involves
establishing a safety zone as described in Figure 2-1, paragraph
(34)(g), of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination 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 proposed
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 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 a temporary Sec.  165.T07-0022 to Subpart F under the
undesignated center heading ``Seventh Coast Guard District'' to read as
follows:

Sec.  165.T07-0022  Safety Zones; Charleston Patriot Festival, Cooper
River; Charleston, SC.

    a) Regulated Area. The proposed rule would establish a safety zone
on certain waters of the Charleston harbor in Charleston, South
Carolina. The safety zone will consist of a regulated area which will
be enforced daily from 4:00 p.m. through 6:45 p.m. on September 11,
9:00 a.m. through 7:30 p.m. on September 12, and 10:00 a.m. through
5:45 p.m. on September 13, 2015. The safety zone establishes a
regulated area around vessels participating in the event in the
vicinity of Cooper River Front Park.
    1. Regulated Area. All waters of the Charleston Harbor encompassed
within the following points; starting at point 1 in position
32[deg]52'31.31'' N. 079[deg]57'44.31'' W.; thence west to point 2 in
position 32[deg]52'28.69'' N. 079[deg]58'00.52'' W.; thence south to
point 3 in position 32[deg]51'58.83'' N. 079[deg]57'48.28'' W.; thence
east to point 4 in position 32[deg]52'03.79'' N. 079[deg]57'33.61'' W.;
thence back to origin. All coordinates are North American Datum 1983.
    (a) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the safety zone.
    (b) Regulations. (1) All persons and vessels, except those
participating in the Charleston Patriot Festival, or serving as safety
vessels, are prohibited from entering, transiting through, anchoring
in, or remaining within the regulated area. Persons and vessels
desiring to enter, transit through, anchor in, or remain within the
regulated area may contact the Captain of the Port

Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the Captain of the Port Charleston or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or designated representative.
    (2) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
    (e) Enforcement Dates. This rule will be enforced daily during the
effective dates: From 4:00 p.m. through 6:45 p.m. on September 11, 9:00
a.m. through 7:30 p.m. on September 12, and 10:00 a.m. through 5:45
p.m. on September 13, 2015.

    Dated: June 17, 2015.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2015-15934 Filed 6-26-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95676-95677]
[FR Doc No: 2016-31301]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79639; File No. SR-NYSE-2016-88]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Adopt a Trading License Fee for Calendar Year 2017

December 21, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 15, 2016, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to adopt a trading license fee for calendar
year 2017. The Exchange proposes to make the rule change operative on
January 3, 2017. The proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Price List to adopt a trading
license fee for calendar year 2017. The Exchange proposes to make the
rule change operative on January 3, 2017.
    NYSE Rule 300(b) provides that, in each annual offering, up to 1366
trading licenses for the following calendar year will be sold annually
at a price per trading license to be established each year by the
Exchange pursuant to a rule filing submitted to the Securities and
Exchange Commission (``Commission'') and that the price per trading
license will be published each year in the Exchange's price list.
    The Exchange proposes to leave the current trading license fee in
place for 2017: $50,000 for the first license held by a member
organization and no charge for additional licenses held by a member
organization. Such trading license fees have been in place since July
1, 2016.\3\ Fees will continue to be prorated for any portion of the
year that a license may be outstanding. For a trading license that is
in place for 10 calendar days or less in a calendar month, proration
for that month will continue to be at a flat rate of $100 per day with
no tier pricing involved. For a trading license that is in place for 11
calendar days or more in a calendar month, proration for that month
will continue to be computed based on the number of days as applied to
the applicable annual fee for the license.
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    \3\ See Securities Exchange Act Release No. 78233 (July 6,
2016), 81 FR 45190 (July 12, 2016) (SR-NYSE-2016-47).
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    The proposed changes are not otherwise intended to address any
other problem, and the Exchange is not aware of any significant problem
that the affected market participants would have in complying with the
proposed changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and Section 6(b)(4) of the
Act,\5\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities. The Exchange
believes that the trading license fee is reasonable because it
maintains the existing fee schedule, which has been in place since July
1, 2016. The Exchange also believes that the proposal to maintain the
current fee schedule is equitable and not unfairly discriminatory
because all similarly situated member organizations would continue to
be subject to the same trading license fee structure and

because access to the Exchange's market would continue to be offered on
fair and non-discriminatory terms. The Exchange also believes that the
proposal to maintain the current fee schedule is equitable and not
unfairly discriminatory because all member organizations would continue
to have the opportunity to enjoy the benefits of the fee relief with
respect to additional trading licenses.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that it is subject to significant competitive
forces, as described below in the Exchange's statement regarding the
burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Exchange 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
in furtherance of the purposes of the Act. The proposed rule change
will keep trading license fees the same as they have been since July 1,
2016. As a result, the Exchange does not believe that the proposed rule
change will place an unreasonable burden on current members because
their trading license fees will remain the same. In addition, the
Exchange does not believe that the proposed rule change will place an
unreasonable burden on potential members because a potential member's
fees will be the same as for a current member and pro-rated for
licenses held for less than a year.
    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of member organizations or competing order execution venues to
maintain their competitive standing in the financial markets.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \6\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \7\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
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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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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-NYSE-2016-88 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-NYSE-2016-88. 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2016-88 and should be
submitted on or before January 18, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31301 Filed 12-27-16; 8:45 am]
 BILLING CODE 8011-01-P