[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37049-37051]
[FR Doc No: 2021-14971]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0062]
RIN 1625-AA87

Security Zone: Electric Boat Shipyard, Groton, CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard will modify the security zone boundaries
surrounding the Electric Boat Shipyard in Groton, Connecticut. The
amendment to the Security Zone is due to the expanding operations at
Electric Boat Shipyard.

DATES: This rule is effective August 13, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0062 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 on this rule,
call or email Marine Science Technician 3rd Class Ashley Dodd,
Waterways Management Division, Sector Long Island Sound; Tel: (203)
468-4469; Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section

U.S.C. United States Code

II. Background Information and Regulatory History

    Electric Boat Shipyard requested a modification to expand the
currently existing security zone. In response, on April 13, 2021, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Security Zone: Electric Boat Shipyard, Groton, CT (86 FR 19171). There
we stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this fireworks display. During the comment
period that ended May 13, 2021, we received 1 comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The purpose of this rule is to
modify the location of the existing security zone listed in 33 CFR
165.154(a)(2). Captain of the Port Long Island Sound will add a new
point in the definition of the security zone and replace two turning
points. This allows the zone to encompass the new building for
construction of submarines and floating dry dock.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 1 comment on our NPRM published April
13, 2021. The comment submitted by an anonymous individual addressed a
clerical error to the NPRM. The word ``subversive'' should have been
used instead of ``submersive'' in the sentence ``for this reason a
security zone is established to safeguard from destruction, loss, or
injury from sabotage or other submersive acts, or other causes of a
similar nature to its waterfront facility and its vessels that they
construct.'' There are no changes in the regulatory text of this rule
from the proposed rule in the NPRM.
    Part 165 of 33 CFR contains specific regulated navigation areas and
limited access areas to prescribe general regulations for different
types of limited or controlled access areas and regulated navigation
areas and list specific areas and their boundaries. Section 165.154
establishes Safety and Security Zones: Captain of the Port Long Island
Sound Zone Safety and Security Zones.
    The Coast Guard will modify the location of the existing security
zone listed in 33 CFR 165.154(a)(2)(i) Safety and Security Zones:
Captain of the Port Zone Safety and Security Zones, to expand the zone
and to protect a new submarine construction facility and floating dry
dock being built adjacent to the current facility.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the security zone. Vessel traffic would be
able to safely transit around the security zone which would impact a
small designated area of the Thames River.

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 0 comments from the Small Business
Administration on this rulemaking. 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
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 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.

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
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
expanding an already existing security zone to limit access near
Electric Boat Shipyard. It is categorically excluded from further
review under paragraph L60a 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.

List of Subjects in 33 CFR Part 165

    Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, 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; Departmemt of Homeland Security Delegation No. 0170.1

0
2. Revise Sec.  165.154 (a)(2) to read as follows:

Sec.  165.154   Safety and Security Zones; Captain of the Port Long
Island Sound Zone Safety and Security Zones.

    (a)* * *
    (2) Electric Boat Shipyard, Groton, CT.
    (i) Location. All navigable waters of the Thames River, from
surface to bottom, West of the Electric Boat Corportation Shipyard
enclosed by a line beginning at a point on the shoreline 41[deg]20'
16'' N, 72[deg]04 ' 47'' W; then running West to 41[deg]20' 16.2'' N,
72[deg]04 '58.0'' W; then running North to 41[deg]20'28.7'' N,
72[deg]05'01.7'' W; then North-Northwest to 41[deg]20'53.3'' N,
72[deg]05'04.8'' W; then North-Northeast to 41[deg]21'02.9'' N,
72[deg]05'04.9'' W; then running to shoreline at 41[deg]21'02.9'' N,
72[deg]04'58.2'' W (NAD 83).
    (ii) Application. Paragraphs (a),(e), (f) of Sec.  165.33 do not
apply to public vessels or to vessels owned by, under hire to, or
performing work for the Electric Boat Division when operating in the
security zone.

    Dated: July 8, 2021.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-14971 Filed 7-13-21; 8:45 am]
BILLING CODE 9110-04-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 16, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2004-18493

________________________________________________________________________
______

This serves as notice to the public of the action described below, taken
by the Department official indicated.  No additional confirming order
will be issued in this matter.

Applicant:  Village Aviation, Inc. d/b/a Village Air Cargo	  Date Filed:
 June 23, 2004

Relief Requested:  Exemption under 49 U.S.C. 40109 to provide the
following service:

Foreign charter cargo air transportation between Pago Pago, American
Samoa, and Apia, Samoa, using one CASA 212 aircraft.

Applicant rep:  Robert P. Silverberg,<PHONE_NUMBER>    DOT Analyst:
Lauralyn Remo,<PHONE_NUMBER>

Responsive pleadings:  No objections.

D I S P O S I T I O N

Action:  Approved 	  Action date:  July 16, 2004

Effective dates of authority granted:  July 16, 2004, through August 15,
2004

Basis for approval:  On April 20, 2004, the Department granted Village
Aviation emergency exemption authority to conduct charter cargo
operations within American Samoa (see Docket OST-2004-17582).  Village
Aviation’s current request to provide foreign charter cargo service to
transport building and medical supplies and other shipments to Apia,
Samoa is similar to the service it currently provides in American Samoa.
 In support of its exemption request, Village Aviation references the
participation of the United States and Samoa in the Multilateral
Agreement on the Liberalization of International Air Transportation
(MALIAT).  Furthermore, the carrier indicated the support of the
Government of the Independent State of Samoa for its proposed
operations.  In consultation with the Federal Aviation Administration,
we are granting Village Aviation’s request.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

	X  Holder’s certificate of public convenience and necessity

	X  Standard exemption conditions (see Attachment)

Action taken by:   Randall D. Bennett, Director

		    Office of Aviation Analysis

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//"  http://dms.dot.gov//

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, Village Aviation, Inc.
shall:

Obtain from the appropriate foreign governments such operating rights as
may be necessary;

Comply with the requirements for reporting data contained in 14 CFR 241;

Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department
of Transportation, with all applicable orders and regulations of other
U.S. agencies and courts, and with all applicable laws of the United
States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

 	In its application, Village Aviation did not specify the duration of
the exemption authority requested.  Therefore, the Department is
limiting Village Aviation’s exemption authority for a period of no
more than 30 days unless an application and supporting information are
filed with the Department to amend Village Aviation’s certificate
(issued by Order 95-5-1) and remove the condition restricting it to
operations within the State of Alaska.  Should Village Aviation file
such an application, the Department will extend its exemption authority
until such time the Department issues a final decision on its
application or until September 30, 2004, whichever occurs earlier.

 	MALIAT, signed and made effective in 2001, was designed to promote
open skies air service agreements between its members.  This agreement
allows its members to designate air carriers to conduct international
air transportation, provided that the designated air carriers abide by
the regulations set forth in the agreement.  The following are member
countries: United States, Chile, New Zealand, Brunei Darussalam,
Singapore, Peru, Tonga, and Samoa.

 PAGE

 PAGE   2

Attachment


[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Notices]
[Page 29956-29957]
[DOCID:fr24my06-89]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2006-0460; FRL-8174-2]

Board of Scientific Counselors Computational Toxicology
Subcommittee Meeting--June 2006

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of one meeting of the Board of
Scientific Counselors (BOSC) Computational Toxicology Subcommittee.

DATES: The meeting will be held on Monday June 19, 2006 from 9:30 a.m.
to 5:30 p.m. The meeting will continue on Tuesday, June 20, 2006 from 9
a.m. to 3:15 p.m. All times noted are eastern time. The meeting may
adjourn early if all business is finished. Requests for the draft
agenda or for making oral presentations at the meeting will be accepted
up to 1 business day before the meeting.

ADDRESSES: The meeting will be held at the U.S. EPA Research Triangle
Park (RTP) Campus, EPA Main Building (Room C113), 109 T. W. Alexander
Dr., Research Triangle Park, North Carolina 27711. Submit your
comments, identified by Docket ID No. EPA-HQ-ORD-2006-0460, by one of
the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail: Send comments by electronic mail (e-mail) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2006-0460.

     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2006-0460.
     Mail: Send comments by mail to: Board of Scientific
Counselors Computational Toxicology Meeting--June 2006 Docket,
Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460,
Attention Docket ID No. EPA-HQ-ORD-2006-0460.
     Hand Delivery or Courier. Deliver comments to: EPA Docket
Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2006-
0460. Note: this is not a mailing address. Such deliveries are only
accepted during the docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2006-0460. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in  http://www.regulations.gov or in hard copy at the Board of

Scientific Counselors Computational Toxicology Subcommittee Meeting--
June 2006 Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202)

566-1744, and the telephone number for the ORD Docket is (202) 566-
1752.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Lorelei Kowalski, Mail Code 8104-R, Office of Science Policy,
Office of Research and Development, Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; via phone/voice
mail at:<PHONE_NUMBER>; via fax at:<PHONE_NUMBER>; or via e-mail at:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

General Information

    Any member of the public interested in receiving a draft BOSC
agenda or making a presentation at the meeting may contact Lorelei
Kowalski, the Designated Federal Officer, via any of the contact
methods listed in the FOR FURTHER INFORMATION CONTACT section above. In
general, each individual making an oral presentation will be limited to
a total of three minutes.
    Proposed agenda items for the meeting include, but are not limited
to: Overviews of the Computational Toxicology Research Program (CTRP)
Implementation Plan and National Center for Computational Toxicology
(NCCT) activities; overviews of two Science to Achieve Results (STAR)
Bioinformatics Centers; research project presentations on ToxCast,
Virtual Liver, and Toxicogenomics; Communities of Practice
presentations on Chemoinformatics, Chemical Prioritization, Biological
Modeling, and Cumulative Risk; a poster session; and wrap up with
presentation of Preliminary Findings, Draft Letter Report, and Action
Items. The meeting is open to the public.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Lorelei Kowalski at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability,

please contact Lorelei Kowalski, preferably at least 10 days prior to
the meeting, to give EPA as much time as possible to process your
request.

    Dated: May 16, 2006.
Kevin Y. Teichman,
Director, Office of Science Policy.
[FR Doc. E6-7926 Filed 5-23-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: July 3, 2008 (Volume 73, Number 129)]
[Notices]
[Page 38270-38272]
[DOCID:fr03jy08-112]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58050; File No. SR-NYSE-2008-53]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Amending NYSE Rule 123D (Openings and Halts in Trading) To Provide for
a Limited Exemption for Securities Trading on the Exchange That Are
Part of the Russell Index Reconstitution

June 27, 2008.
    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 June 27, 2008, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
NYSE filed the proposed rule change as a ``non-controversial'' proposal
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    NYSE proposes to amend NYSE Rule 123D to exempt orders for any
security that is trading on the Exchange on June 27, 2008, and is part
of the Russell Index Reconstitution \5\ (a ``Russell Stock''), from the
provisions of the non-regulatory trading halt condition designated as
``Sub-penny trading'' as set forth in subsection (3) of the rule. The
text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and http://www.nyse.com.
---------------------------------------------------------------------------

    \5\ On June 27, 2008, the Russell Investment Group will
reconstitute certain of its indices, including the Russell
3000[supreg] Index and the Russell Microcap[supreg] Index.
---------------------------------------------------------------------------

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
    Through this filing, the Exchange proposes to amend NYSE Rule 123D
to provide a limited exemption for orders in a Russell Stock that is
trading on the Exchange on June 27, 2008, and is part of the Russell
Index Reconstitution, from the provisions of the non-regulatory trading
halt condition designated as ``Sub-penny trading'' pursuant to NYSE
Rule 123D(3).
Background
    Pursuant to NYSE Rule 123D(3), whenever a security trading on the
Exchange is reported on the consolidated tape during normal trading
hours as having traded at a price of $1.05 or less, or if a security
would open on the Exchange at a price of $1.05 or less, trading in the
security on the Exchange shall be immediately halted due to a ``Sub-
penny trading'' condition. Once halted for such reason, trading shall
not resume on the Exchange until the security has traded on another
automated trading center, as defined in Rule 600(b)(4) of Regulation
NMS (``Reg NMS''),\6\ for at least one entire trading day at a price or
prices that are at all times at or above $1.10. Any such resumption of
trading shall occur at the beginning of a trading day, so that normal
opening procedures can apply. In contrast to other trading halts
described in NYSE Rule 123D, a ``Sub-penny trading'' halt is automatic
and does not require the approval of any Floor Officials. However, if a
determination is made by a Floor Official that a trade that triggered a
halt because of a ``Sub-penny trading'' condition was made in error or
otherwise was an anomaly, trading of the security on the Exchange will
resume immediately. Orders entered with the Exchange in a security
subject to a ``Sub-penny trading'' condition halt will be routed to
NYSE Arca, where they will be handled in accordance with the rules
governing that market. The

Exchange will cancel any open limit orders in the Display Book system
with respect to securities that become subject to a ``Sub-penny
trading'' condition halt.
---------------------------------------------------------------------------

    \6\ See 17 CFR 242.600(b)(4).
---------------------------------------------------------------------------

Exemption From NYSE Rule 123D(3)
    The Exchange seeks, through this filing, a limited exemption from
the provisions of NYSE Rule 123D(3) on June 27, 2008. The Exchange
believes that this exemption is necessary to address the possibility
that a particular Russell Stock might open or trade on the Exchange at
a price of $1.05 or less, thereby invoking the ``Sub-penny trading''
condition halt. In that instance, trading in the Russell Stock would be
halted on the Exchange for the rest of the trading day and unexecuted
limit orders remaining on the Display Book would be cancelled. More
importantly, there would be no closing transaction on the Exchange for
the Russell Stock on the day a ``Sub-penny trading'' condition halt was
in effect and thus, no ability to price such stock during the Russell
Index Reconstitution.
    Pursuant to this proposed limited exemption, the Exchange would not
invoke the ``Sub-penny trading'' halt if the Russell Stock opened or
traded on the Exchange at a price of $1.05 or less. Rather, the
Exchange would permit the Russell Stock to continue to trade. If such
stock were to trade at a price of $0.99 or less, a non-regulatory
trading condition designated as ``Equipment Changeover'' would be
implemented. When an ``Equipment Changeover'' condition trading halt is
invoked, Exchange Systems will continue to accept all orders in the
Russell Stock. Open orders in the Russell Stock on the NYSE Display
Book system will not be cancelled nor will such orders be routed to
NYSE Arca. Instead, all orders that have been entered will be
aggregated for purposes of a closing transaction pursuant to all
relevant NYSE rules governing the close. The Exchange believes that
only one Russell Stock trading on the Exchange could potentially be
eligible for a ``Sub-penny trading'' condition halt on June 27, 2008.
Accordingly, the Exchange states that this limited exemption is
applicable to only one such Russell Stock. If such security does not
trade at a price of $1.05 or less, this limited exemption would prove
unnecessary and would expire at the close of trading on June 27, 2008.
    The Exchange believes further that this limited exception would
ensure that on June 27, 2008, each Russell Stock would be subject to
pricing on the NYSE close, removing the possibility that such stock
might be adversely affected on the close, causing potential harm to the
market and to investors.
 2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\8\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
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. The Exchange believes the proposed rule change would
ensure that trading in Russell Stocks and the Russell Index
Reconstitution on June 27, 2008, would proceed without any impediment.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

    The Exchange states that written comments on the proposed rule
change were neither solicited nor received.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Commission is waiving the five business-day
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the five business-day pre-filing requirement and the 30-day operative
delay so that it may immediately implement the limited exemption to the
provisions of NYSE Rule 123D to ensure that Russell Stocks would be
subject to pricing on the NYSE close on June 27, 2008. The Exchange
states that the proposed rule change does not significantly affect the
protection of investors or the public interest and does not impose any
significant burden on competition.
    The Commission believes that waiving the 30-day operative delay and
five business-day pre-filing requirement is consistent with the
protection of investors and the public interest.\11\ The Commission
believes that this narrowly tailored exception to NYSE Rule 123D(3),
lasting only for the duration of one trading day, should help to ensure
fair and orderly markets on June 27, 2008, the day of the Russell Index
Reconstitution. The Commission notes that the requirements of Rule 611
of Reg NMS \12\ would still apply. For these reasons, the Commission
designates the proposed rule change as operative upon filing.
---------------------------------------------------------------------------

    \11\ For purposes only of waiving the 30-day operative delay and
five business-day pre-filing requirement, the Commission has also
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \12\ See 17 CFR 242.611.
---------------------------------------------------------------------------

    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.

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-NYSE-2008-53 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-2008-53. 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 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-2008-53 and should be
submitted on or before July 24, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-15070 Filed 7-2-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: September 23, 2010 (Volume 75, Number 184)]
[Rules and Regulations]
[Page 57846-57847]
[DOCID:fr23se10-5]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0777; Airspace Docket No. 10-ASO-29]

Amendment of Class E Airspace; Brewton, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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

SUMMARY: This action amends Class E airspace at Brewton Municipal
Airport, Brewton, AL, by updating the geographic coordinates of the
airport to aid in the navigation of our National Airspace System.

DATES: Effective date: 0901 UTC. October 25, 2010.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA received a request from the National Aeronautical
Navigation Services (NANS) to update the geographic coordinates of
Brewton Municipal Airport, Brewton, AL. This action makes the
adjustment. Accordingly, since this is an administrative change, and
does not involve a change in the dimensions or operating requirements
of that airspace, notice and public procedures under 5 U.S.C. 553(b)
are unnecessary.
    The Class E airspace designations are published in Paragraph 6005
of FAA order 7400.9U, dated August 18, 2010, and effective September
15, 2010, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them, operationally current,
is non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is

so minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Brewton, AL.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9U, Airspace Designations and Reporting
Points, dated August 18, 2010, and effective September 15, 2010, is
amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet above the surface of the earth.

* * * * *

ASO AL E5 Brewton, AL [Amended]

Brewton Municipal Airport, AL
    (Lat. 31[deg]03'03'' N., long 87[deg]03'58'' W)
Crestview, FL VORTAC
    (Lat. 30[deg]49'34'' N., long 86[deg]40'45'' W)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of the Brewton Municipal Airport and within 4
miles each side of the Crestview, FL, VORTAC 304[deg] radial,
extending from the 7-mile radius to 15 miles northwest of the
VORTAC.

    Issued in College Park, Georgia, on September 15, 2010.
Myron A. Jenkins,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2010-23731 Filed 9-22-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 74002-74003]
[FR Doc No: 2012-29981]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2012-0578; FRL9761-3]

Proposed Information Collection Request; Comment Request;
Technical Assistance Needs Assessments (TANAs) at Superfund Remedial or
Removal Sites (NEW)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Technical Assistance Needs
Assessments (TANAs) at Superfund Remedial or Removal Sites'' (EPA ICR
No. 2470.01, OMB Control No. 2050-NEW) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is
soliciting public comments on specific aspects of the proposed
information collection as described below. This is a request for
approval of a new collection. An Agency may not conduct or sponsor and
a person is not required to respond to a collection of information
unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before February 11, 2013.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2012-0578 online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Laura Knudsen, Assessment and
Remediation Division, Office of Superfund Remediation and Technology
Innovation, Mail Code 5204P, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 703-603-
8861; fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Supporting documents which explain in detail the information that
the EPA will be collecting are available in the public docket for this
ICR. The docket can be viewed online at www.regulations.gov or in
person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The telephone number for the Docket Center is
202-566-1744. For additional information about EPA's public docket,
visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: This ICR covers the usage of TANAs with members of the
impacted community in order to determine how the community is receiving
technical information about a Superfund remedial or removal site;
whether the community needs additional assistance in order to
understand and respond to site-related technical information; and
whether there are organizations in the community that are interested or
involved in site-related issues and capable of acting as an appropriate
conduit for technical assistance services to the affected community.
Given the specific nature of the TANA, 8 to 10 persons will be
interviewed per site, with an estimated total of 250 persons being
interviewed per year (25 sites). Responses to the collection of
information are voluntary and the names of respondents will be
protected by the Privacy Act. The TANA will help ensure the community's
needs for technical assistance are defined as early in the remedial/
removal process as possible and enable meaningful community involvement
in the Superfund decision-making process. Additionally, the TANA
process produces a blueprint for designing a coordinated effort to meet
the community's needs for additional technical assistance while
minimizing the overlap of services provided.
    Form Numbers: None.
    Respondents/affected entities: Respondents to this ICR are local/
state government officials, potentially-responsible party (PRP)
representatives, and individual community members who may be impacted
by a Superfund site or a removal action lasting 120 days or longer.
These community members voluntarily participate in community
involvement activities throughout the remedial phase of the Superfund
process. SIC Codes are OSHA's Standard Industrial Classification System
used to identify different groups. Local/state governments are
categorized as Division J: Public Administration, Major Group 95:
Administration of Environmental Quality, subgroup 9511: Air and Water
Resource and Solid Waste Management. The other respondents, community
members, do not have a SIC Code as they do not constitute an industry.
    Respondent's obligation to respond: voluntary.
    Estimated number of respondents: 250 (per year).
    Frequency of response: Once during the remediation of the Site.
Each TANA

interview is expected to last approximately one hour in duration.
    Total estimated burden: 250 hours (per year). Burden is defined at
5 CFR 1320.03(b)
    Total estimated cost: $4,900 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: Not applicable. This is a new information
collection.

    Dated: November 26, 2012.
James E. Woolford,
Director, Office of Superfund Remediation and Technology Innovation.
[FR Doc. 2012-29981 Filed 12-11-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Notices]
[Pages 51259-51261]
[FR Doc No: 2013-20195]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70194; File No. SR-C2-2013-030]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the Fees Schedule

August 14, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 1, 2013, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.c2exchange.com/Legal/), at the Exchange's Office of the Secretary,
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 Fees Schedule.\3\ More
specifically, the Exchange is proposing to make changes to the section
``Regulatory Fees.'' Currently under the Exchange's Regulatory Fees,
the Exchange charges a $100 session fee to registered persons at the
Exchange for a continuing education (``CE'') requirement that is
outlined in Exchange Rule 9.3A.\4\ The Exchange is now proposing to add
a $60 session fee for those individuals that only have the Proprietary
Trader (``Series 56'') registration.
---------------------------------------------------------------------------

    \3\ See Exchange Rule 2.21 [sic], which states, ``fee [sic]
payable by Participants shall be fixed form [sic] time to time by
the Exchange.''
    \4\ See Exchange Rules Chapter 9 which states, ``The rules
contained in CBOE Chapter IX, as such rules may be in effect from
time to time, shall apply to C2 and are hereby incorporated into
this Chapter.'' See also, Securities Exchange Act Release No. 61152
(December 10, 2009), 74 FR 66699, 66709-10 (December 16, 2009) (In
the Matter of the Application of C2 Options Exchange, Incorporated
for Registration as a National Securities Exchange Findings,
Opinion, and Order of the Commission (File No. 10-191). In the
Order, the Commission granted C2's request for exemption, pursuant
to Section 36 of the Securities Exchange Act of 1934 (the ``Act''),
from the rule filing requirements of Section 19(b) of the Act with
respect to the rules that C2 proposed to incorporate by reference.
The exemption was conditioned upon C2 providing written notice to
its members whenever CBOE proposes to change a rule that C2 has
incorporated by reference. In the Order, the Commission stated its
belief that ``this exemption is appropriate in the public interest
and consistent with the protection of investors because it will
promote more efficient use of Commission and SRO resources by
avoiding duplicative rule flings based on simultaneous changes to
identical rules sought by more than one SRO.'' C2 satisfied this
requirement with respect to the recently amended 9.3A by posting a
copy of the CBOE rule filing (SR-CBOE-2013-076) on C2's rule filing
Web site at the same time the CBOE rule filing was posted to the
CBOE rule filing Web site. The C2 rule filing Web site is located
at: http://www.c2exchange.com/Legal/RuleFilings.aspx. By posting
CBOE rule filings to C2's rule filing Web site that amend C2's rule
by reference, the Exchange provides its members with notice of the
proposed rule change so that they have an opportunity to comment on
it.
---------------------------------------------------------------------------

    Exchange Rule 3.4 requires Permit Holders that are individuals
(``PHIs'') and associated persons of Permit Holders to take a
qualification examination to register with the Exchange.\5\ In
addition, Exchange Rule 3.4.03 requires each person in an associated
person status to satisfy the CE requirements set forth in Rule 9.3A.
Exchange Rule 9.3A requires all PHIs to complete the Regulatory Element
of the CE program beginning with the occurrence of ``their second
registration anniversary date and every three years thereafter or as
otherwise prescribed by the Exchange.'' \6\ Recently, the Exchange
amended Rule 9.3A to enumerate the different CE programs offered by the
Exchange including the S501 Series 56 Proprietary Trader Continuing
Education Program (``S501'').\7\ The Exchange is now proposing to
outline the necessary fees associated with the Regulatory Element of
the S501.
---------------------------------------------------------------------------

    \5\ See Exchange Rule 3.4(a)(1).
    \6\ See Exchange Rule 9.3A(a).
    \7\ See Securities Exchange Act Release No. 34-70027 (July 23,
2013) (SR-CBOE-2013-076) (immediately effective rule change to
specify the different CE requirements for registered persons based
upon their registration with the Exchange).
---------------------------------------------------------------------------

    The Exchange has determined that these changes are necessary to
administer the Series 56 CE program. Specifically, the $60 session fee
will be used to fund the CE program administered to PHIs that have a
Series 56 registration \8\ and are required to complete the S501. The
$60 session fee is less than the $100 session fee (currently in the
Exchange's fee schedule) for the S101 General Program for Series 7
registered persons (``S101'') as the Series 7 examination is a more
comprehensive examination, and, thus, the CE is more comprehensive as
well. Thus, the Exchange believes the $60 fee is reasonable and
proportional fee based upon the programming of the CE. In addition, the
$60 fee will only be used for the administration of the CE versus

the S101 which utilizes the $100 fee for both development and
administration. The costs associated with the development costs of the
S501 are included in the examination fee.
---------------------------------------------------------------------------

    \8\ Both individuals that have successfully passed the Series 56
examination and individuals that have had the examination waived by
the Exchange are required to take the S501.
---------------------------------------------------------------------------

    Because the S501 CE element is separate and different from the CE
already administered, the proposed change would put PHIs and associated
persons of Permit Holders on notice of the associated fees. The
proposed fee would allow the Exchange to fund the S501 which is more
tailored to the Series 56 registration. Also, the Exchange believes
other exchanges will be assessing the same fee for this CE program. The
proposed changes are to take effect on August 19, 2013.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\9\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \10\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitation
[sic] transactions in securities, 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.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \11\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
---------------------------------------------------------------------------

    In particular, the proposed rule change is equitable and not
unfairly discriminatory as it is allocated to all individuals with a
Series 56 registration which is required under Exchange Rule 3.4(a)(1).
In addition, the fee is reasonable as it [sic] lower than the
previously assessed CE fee because the S501 is more limited than the
S101, and the fee is only intended to recoup the costs of the
administration of the program. Also, the Exchange believes other
exchanges will be assessing the same fee for this CE program. The
Exchange believes the proposed rule change will protect investors and
the public interest by covering the administration of the program and
allow the Exchange to tailor a CE fee for the Series 56. This allows
the Exchange to better prevent fraudulent and manipulative acts and
practices because the CE will properly educate PHIs in the topics of
securities laws and other rules and help them to comply with those laws
and rules.
    Finally, the Exchange also believes the proposed rule change is
consistent with Section 6(b)(1) of the Act,\12\ which provides that the
Exchange be organized and have the capacity to be able to carry out the
purposes of the Act and to enforce compliance by the individuals with a
Series 56 registration with the Act, the rules and regulations
thereunder, and the rules of the Exchange. The proposed rule change is
designed to fund the administration of the S501, and, more
specifically, to help more closely cover the costs of educating
individuals that hold a Series 56 registration. Thus, the proposed
changes will help the Exchange to enforce compliance of its Permit
Holders with the Act and Exchange rules.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

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

    C2 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. In particular, the proposed
rule change will not impose any burden on intermarket competition as it
will merely serve to aid the Exchange in fulfilling its obligations as
a Self-Regulatory Organization by further funding the administration of
the new CE. The proposed rule change will not impose any burden on
intramarket competition as all PHIs and associated persons of Permit
Holders are required to pass a qualification exam as outline [sic] in
Rule 3.4(a)(1) and fulfill a CE requirement as outlined in Rule 9.3A.
In addition, the Exchange believes other exchanges will be assessing
the same fee for this CE program.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section
19(b)(3)(A)(ii) of the Act\13\ and subparagraph (f)(2) of Rule 19b-
4\14\ thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of this proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change 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-C2-2013-030 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-C2-2013-030. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the

Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal 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-C2-2013-030 and should be submitted on or before
September 10, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-20195 Filed 8-19-13; 8:45 am]
BILLING CODE 8011-01-P