[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35406-35409]
[FR Doc No: 2016-12876]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77929; File No. SR-NYSE-2016-36]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Its Price List

May 26, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on May 11, 2016, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 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 amend its Price List for equity
transactions in stocks with a per share stock price more than $1.00 to:
(1) Add a new fee for verbal executions by Floor brokers at the close;
(2) revise the fees for Midpoint Passive Liquidity (``MPL'') orders
that remove liquidity from the Exchange and that are not designated
with a ``retail''

modifier as defined in Rule 13; (3) revise the requirements and credits
for MPL orders that provide liquidity to the Exchange; and (4) make
certain changes in the footnotes and tiers applicable to Supplemental
Liquidity Providers (``SLPs'') on the Exchange. The Exchange proposes
to implement these changes to its Price List effective May 11, 2016.\4\
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.
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    \4\ The Exchange originally filed to amend the Fee Schedule on
May 2, 2016 (SR-NYSE-2016-32) and withdrew such filing on May 11,
2016.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The Exchange proposes to amend its Price List to: (1) Add a new fee
for verbal interest by Floor brokers at the close; (2) revise the fees
for MPL orders that remove liquidity from the Exchange and that are not
designated with a ``retail'' modifier as defined in Rule 13; (3) revise
the requirements and credits for MPL orders that provide liquidity to
the Exchange; and (4) make certain changes in the footnotes and tiers
applicable to SLPs.
    The proposed changes would only apply to credits in transactions in
securities priced $1.00 or more.
    The Exchange proposes to implement these changes effective May 11,
2016.
Verbal Interest at the Close
    Currently, the Exchange does not charge a fee for verbal executions
by Floor brokers at the close.\5\ The Exchange proposes a fee of
$0.0010 per share for verbal executions by Floor brokers at the close.
The Exchange notes that the proposed fee is the same as the current fee
(charged to both sides) for MOC and LOC orders (the Non-Tier MOC/LOC
fee).\6\
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    \5\ The Exchange charges member organizations a fee for market
at-the-close (``MOC'') and limit at-the-close (``LOC'') orders at
the close and for Floor broker executions swept into the close.
Member organizations that execute during the billing month average
daily volume (``ADV'') in excess of 750,000 shares through orders
executed at the close (except MOC and LOC orders) and Floor broker
orders swept into the close, are charged $0.00035 per share per
transaction (charged to both sides). Such executions are not charged
if the member organization executes an ADV on the Exchange during
the billing month of fewer than 750,000 shares ADV.
    \6\ See note 5, supra.
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    The Exchange would also add the phrase ``excluding verbal
interest'' to clarify that verbal interest at the close would not be
counted for purposes of Floor Broker executions swept into the close
that are subject to a charge of $0.00035 per share for shares executed
in excess of an ADV \7\ of 750,000 shares.
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    \7\ The defined term, ``ADV,'' is used here as defined in
footnote 2 to the Price List.
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MPL Orders
    An MPL Order is defined in Rule 13 as an undisplayed limit order
that automatically executes at the mid-point of the best protected bid
(``PBB'') or [sic] best protected offer (``PBO''), as such terms are
defined in Regulation NMS Rule 600(b)(57) (together, ``PBBO'').\8\
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    \8\ See Rule 14. See also 17 CFR 242.600(b)(57).
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MPL Orders That Remove Liquidity
    The Exchange currently charges a fee of $0.00275 per share per
transaction for MPL Orders that remove liquidity from the NYSE and that
are not designated with a ``retail'' modifier as defined in Rule 13.\9\
Floor brokers are currently charged the same price for MPL Orders that
remove liquidity from the Exchange. The Exchange proposes to revise the
fee for all MPL Orders that remove liquidity from the Exchange and that
are not designated with a ``retail'' modifier as defined in Rule 13,
including MPL Orders entered by Floor brokers, from $0.00275 to
$0.0030. The Exchange will continue not to charge a fee for MPL Orders
that remove liquidity from the Exchange and that are designated with a
``retail'' modifier as defined in Rule 13.
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    \9\ MPL Orders that take liquidity do not count toward a
member's or member organization's overall level of providing volume
for purposes of other pricing on the Exchange that is based on such
levels (e.g., the Tier 1, Tier 2 and Tier 3 Adding Credits).
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MPL Orders That Add Liquidity
    The Exchange currently provides a credit of $0.0030 per share
credit for MPL Orders that provide liquidity from a member organization
that has Adding ADV \10\ in MPL Orders that is at least 1.5 million
shares, excluding any liquidity added by a Designated Market Maker
(``DMM''). The Exchange provides a $0.0015 per share transaction credit
for MPL Orders that provide liquidity from a member organization that
does not meet the Adding ADV threshold.
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    \10\ ``Adding ADV'' is when a member organization has ADV that
adds liquidity to the Exchange during the billing month. Adding ADV
excludes any liquidity added by a Designated Market Maker.
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    The Exchange proposes that member organizations qualifying for the
$0.0030 credit have an Adding ADV in MPL orders of at least 0.04% of
NYSE consolidated ADV (``CADV''),\11\ excluding liquidity added by a
DMM. The Exchange also proposes to reduce the credit from $0.0030 to
$0.00275.
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    \11\ NYSE CADV is defined in the Price List as the consolidated
average daily volume of NYSE-listed securities.
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Changes to Footnotes and Tiers Applicable to SLPs
    Current footnote 8 applies to SLP Tiers 1, 1A, 2 and 3 and provides
that in its first calendar month as an SLP, an SLP qualifies for the
relevant credit regardless of whether it meets the requirement to
provide liquidity with an ADV of more than the applicable threshold
percentage of NYSE CADV in the applicable month. The Exchange proposes
to delete footnote 8 and move the text of the footnote into the body of
the Price List for SLP Tier 3, where an SLP is eligible for a credit of
$0.0023 per share traded if the SLP (1) meets the 10% average or more
quoting requirement in assigned securities pursuant to Rule 107B, and
(2) adds liquidity for assigned SLP securities in the aggregate of an
ADV of more than 0.20% of NYSE CADV or, with respect to an SLP that is
also a DMM and subject to Rule 107B(i)(2)(a),\12\ more than the current
0.20% requirement after a discount of the percentage for the prior
quarter of NYSE CADV in DMM assigned securities as of the last business
day of the prior month. The Exchange does not propose to move the text
of current footnote 8 into the body of the Price List for SLP Tier 2,
SLP Tier 1 or SLP Tier 1A. Current footnote 8 would thus no longer
apply to those tiers.
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    \12\ Rule 107B(i)(2)(A) prohibits a DMM from acting as a SLP in
the same securities in which it is a DMM.
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    The Exchange also proposes that current footnote ** would become
new footnote 8. Accordingly, each reference in the Price List to
footnote ** would be replaced with a reference to footnote 8. The
substance of footnote ** would remain unchanged. The Exchange

believes that this change will add greater specificity and clarity to
the Exchange's Price List.
* * * * *
    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any problems that member
organizations would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\13\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\14\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4) & (5).
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Verbal Interest at the Close
    The Exchange believes that charging a fee for verbal executions at
the close is reasonable. The Exchange's closing auction is a recognized
industry benchmark,\15\ and member organizations receive a substantial
benefit from the Exchange in obtaining high levels of executions at the
Exchange's closing price on a daily basis. The proposed fee is also
reasonable, equitable and not unfairly discriminatory because it would
be the same as the current fee (charged to both sides) for MOC and LOC
orders (the Non-Tier MOC/LOC fee). Further, the proposed fee change is
also equitable and not unfairly discriminatory because it will apply
uniformly to all Floor brokers, who are the only market participants
that can enter verbal interest at the close.
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    \15\ For example, the pricing and valuation of certain indices,
funds, and derivative products require primary market prints.
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MPL Orders
    The Exchange believes that (1) increasing the fee for MPL Orders
that remove liquidity from the Exchange and that are not designated as
``retail,'' and (2) requiring Adding ADV in MPL orders of at least
0.04% of NYSE CADV rather than a fixed share number and offering a
credit of $0.00275 for MPL Orders that add liquidity to the NYSE is
reasonable. MPL Orders provide opportunities for market participants to
interact with orders priced at the midpoint of the PBBO, thus providing
price improving liquidity to market participants and increasing the
quality of order execution on the Exchange's market, which benefits all
market participants.
    The new credit is also reasonable because it would be similar or
higher than the rates on the NASDAQ Stock Market, LLC (``NASDAQ''). For
example, on NASDAQ, firms that average 1 million or more shares of
midpoint liquidity receive a credit of $0.0010 per share in Tape C
securities and $0.0018 in Tape A and B securities to execute against
resting midpoint liquidity, which is lower than the proposed $0.00275
per share rate for MPL orders that is at least 0.04% of NYSE CADV,
excluding any liquidity added by a DMM.\16\
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    \16\ See NASDAQ Price List, available at http://nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.
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    The proposed change is equitable and not unfairly discriminatory
because MPL Orders increase the quality of order execution on the
Exchange's market, which benefits all market participants. The Exchange
also believes that the proposed changes are equitable and not unfairly
discriminatory because all market participants--customers, Floor
brokers, DMMs, and SLPs--may use MPL Orders on the Exchange and because
all market participants that use MPL Orders may receive credits for MPL
Orders, as is currently the case.
Changes to Footnotes Applicable to SLPs
    The Exchange believes it is reasonable to (1) eliminate current
footnote 8 and the related Tier 1, Tier 1A, and Tier 2 credits for SLPs
during their first calendar month as a SLP irrespective of whether the
SLP meets the requirement to provide liquidity with an ADV of more than
the applicable threshold percentage of NYSE CADV, and (2) retain the
Tier 3 credit for SLPs during their first calendar month irrespective
of whether the the [sic] SLP meets the requirement to provide liquidity
with an ADV of more than the applicable threshold percentage of NYSE
CADV by moving the text of current footnote 8 to the body of the Price
List in Tier 3. The Exchange believes that eliminating the higher tiers
during a SLP's first calendar month without regard to the applicable
requirement is reasonable because SLPs have not increased their
activity to qualify for these tiers as significantly as the Exchange
anticipated that they would. The Exchange notes that new SLPs can still
qualify for the higher rates during their first calendar month of
operation as a SLP by meeting the applicable tier volume requirements.
The Exchange also believes that retaining the $0.0023 credit for SLP
Tier 3 for SLPs in their first calendar month as an SLP is reasonable
because the $0.0023 credit is equal to or higher than the applicable
non-Tier Adding Credit, Tier 3 Adding Credit, Tier 2 Adding Credit or
Tier 1 Adding Credit for SLPs that don't meet the requirements of SLP
Tier 3. The Exchange believes that the proposed changes are equitable
and not unfairly discriminatory because they would apply uniformly to
all SLPs during their first calendar month. The Exchange notes that
there are currently no SLPs in the first calendar month of operation.
    Further, the Exchange believes that the proposed change to its
Price List whereby current footnote ** would become new footnote 8 is
reasonable because it is designed to provide greater specificity and
clarity to the Price List, thereby removing impediments to and
perfecting the mechanism of a free and open market and a national
market system, and, in general, protecting investors and the public
interest.
    Finally, 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 Act.

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

    In accordance with Section 6(b)(8) of the Act,\17\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposed
changes would encourage the submission of additional liquidity to a
public exchange, thereby promoting price discovery and transparency and
enhancing order execution opportunities for member organizations. The
Exchange believes that this could promote competition between the
Exchange and other execution venues, including those that currently
offer similar order types and comparable transaction pricing, by
encouraging additional orders to be sent to the Exchange for execution.
Further, the Exchange believes that the proposed non-substantive change
relating to footnote ** applicable to SLPs would not affect intermarket
nor intramarket competition because the proposed change is not designed
to amend any fee or rebate or alter the manner in which

the Exchange assesses fees or calculates rebates. Instead, this change
is intended to provide greater specificity and clarity to the
Exchange's Price List for the benefit of member organizations and
investors.
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    \17\ 15 U.S.C. 78f(b)(8).
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    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) \18\ of the Act and subparagraph (f)(2) of Rule
19b-4 \19\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \20\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \20\ 15 U.S.C. 78s(b)(2)(B).
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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-2016-36 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2016-36. 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-2016-36
and should be submitted on or before June 23, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-12876 Filed 6-1-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Page 3412]
[FR Doc No: 2013-00759]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC13-60-000.
    Applicants: ITC Midwest LLC.
    Description: Application Pursuant to Section 203 of the Federal
Power Act of ITC Midwest LLC for North Madrid Substation Relay
Acquisition.
    Filed Date: 1/9/13.
    Accession Number: 20130109-5089.
    Comments Due: 5 p.m. ET 1/30/13.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER09-1224-004.
    Applicants: Energy Services, Inc., Entergy Operating Companies.
    Description: Entergy Services, Inc. submits compliance filing on
behalf of Entergy Operating Companies.
    Filed Date: 7/6/12.
    Accession Number: 20120706-5098.
    Comments Due: 5 p.m. ET 1/23/13.

    Docket Numbers: ER10-2794-010; ER10-2849-009; ER11-2028-010; ER12-
1825-008.
    Applicants: EDF Trading North America, LLC, EDF Industrial Power
Services (NY), LLC, EDF Industrial Power Services (IL), LLC, EDF
Industrial Power Services (CA), LLC.
    Description: Updated Market Power Analysis for the Southwest Power
Pool, Inc. Region of EDF Trading North America, LLC, et al.
    Filed Date: 1/8/13.
    Accession Number: 20130108-5162.
    Comments Due: 5 p.m. ET 3/11/13.

    Docket Numbers: ER13-17-001.
    Applicants: Niagara Wind Power, LLC.
    Description: Compliance Filing to be effective 3/11/2013.
    Filed Date: 1/9/13.
    Accession Number: 20130109-5008.
    Comments Due: 5 p.m. ET 1/30/13.

    Docket Numbers: ER13-733-000.
    Applicants: Silver Bear Power, LLC.
    Description: New filing 1 to be effective 3/1/2013.
    Filed Date: 1/9/13.
    Accession Number: 20130109-5011.
    Comments Due: 5 p.m. ET 1/30/13.

    Docket Numbers: ER13-734-000.
    Applicants: Atlantic Coast Energy Corporation.
    Description:Atlantic Coast Energy Corporation submits tariff filing
per 35.12: Initial Application for MBR Authority to be effective 1/31/
2013.
    Filed Date: 1/9/13.
    Accession Number: 20130109-5073.
    Comments Due: 5 p.m. ET 1/30/13.

    Docket Numbers: ER13-735-000.
    Applicants: ISO New England Inc.
    Description:ISO New England Inc. Resource Termination Filing--
Concord.
    Filed Date: 1/9/13.
    Accession Number: 20130109-5082.
    Comments Due: 5 p.m. ET 1/30/13.

    Docket Numbers: ER13-736-000.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description:Niagara Mohawk Power Corporation submits tariff filing
per 35.13(a)(2)(iii: LGIA among NiMo, Alliance, AG Power, Seneca and
Sterling Power to be effective 6/8/2012.
    Filed Date: 1/9/13.
    Accession Number: 20130109-5105.
    Comments Due: 5 p.m. ET 1/30/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 9, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-00759 Filed 1-15-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Rules and Regulations]
[Pages 15382-15384]
[FR Doc No: 2020-05453]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0153]
RIN 1625-AA08

Special Local Regulation; Gulfport Grand Prix, Boca Ciego Bay,
Gulfport, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Boca Ciego Bay in the vicinity of Gulfport, Florida,
during the Gulfport Grand Prix High Speed Boat Race. Approximately 75
boats, 14-30 feet in length, traveling at speeds in excess of 120 miles
per hour are expected to participate. Additionally, it is anticipated
that 100 spectator vessels will be present along the race course. The
special local regulation is necessary to protect the safety of race
participants, participant vessels, spectators, and the general public
on navigable waters of the Gulf of Mexico during the event. The special
local regulation will establish the following regulated areas: A race
area where all non-participant persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port St.
Petersburg (COTP) or a designated representative; and a buffer zone
where designated representatives may control vessel traffic as deemed
necessary by the COTP St. Petersburg or a designated representative
based upon prevailing weather conditions.

DATES: This rule is effective from 8 a.m. on March 27, 2020 through 6
p.m. on March 29, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2020-0153 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 First Class Michael D.
Shackleford, Sector St. Petersburg Prevention Department, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    On January 14, 2020, the Coast Guard issued a notice of proposed
rulemaking (NPRM) entitled ``Special Local Regulations: Recurring
Marine Events, Sector St. Petersburg'' (85 FR 2069) proposing to amend
the list of recurring marine events/special local regulations occurring
solely within the COTP St. Petersburg Zone. The NPRM provided for a 30
day comment period which closed on February 13, 2020. An event listed
in the NPRM, titled ``Gulfport Grand Prix/Gulfport Grand Prix LLC \1\''
is scheduled to occur daily from 8 a.m. until 6 p.m. on March 27, 2020
through March 29, 2020.
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    \1\ This event is listed in the NPRMs proposed regulatory text
at 33 CFR 100.703, Table to Sec.  100.703, line number 3.
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    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5

U.S.C. 553(b)). This provision authorizes an agency to issue a rule
without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because it is impracticable and contrary to the public interest.
There is insufficient time to finalize the NPRM referenced above before
the event is scheduled to occur. Because of the potential safety
hazards associated with the race, immediate action is needed to provide
for the safety of the race participants, spectators, and vessels
transiting the event area. Immediate action is also necessary for the
protection of life and property on the navigable waters of Boca Ciego
Bay in the vicinity of Gulfport, Florida, during the Gulfport Grand
Prix High Speed Boat Race.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port St. Petersburg (COTP) has determined
that potential hazards associated with the event pose a safety concern
for event participants, spectators, and the general public in the
immediate vicinity. The purpose of the rule is to provide for the
safety of life on navigable waters of the United States during Gulfport
Grand Prix High Speed Boat Race event.

IV. Discussion of the Rule

    This rule establishes a special local regulation that will
encompass certain waters of the Boca Ciega Bay in the vicinity of
Gulfport, Florida. The special local regulation will be enforced daily
from 8 a.m. to 6 p.m. on March 27, 2020 through March 29, 2020. The
special local regulation will establish two regulated areas: (1) A race
area where all persons and vessels, except those persons and vessels
participating in the high speed boat races, are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area without obtaining permission from the COTP St.
Petersburg or a designated representative; and (2) a buffer zone where
vessel traffic may be controlled as determined by the COTP St.
Petersburg or a designated representative based upon prevailing weather
conditions.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port (COTP) St. Petersburg by telephone at (727)
824-7506, 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 COTP St. Petersburg or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP St.
Petersburg or a designated representative. The Coast Guard will provide
notice of the regulated areas by Local Notice to Mariners, Broadcast
Notice to Mariners, or by on-scene designated representatives.

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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on: (1) The special
local regulation will be enforced for only ten hours on three days; (2)
although persons and vessels may not enter, transit through, anchor in,
or remain within the regulated area without authorization from the COTP
St. Petersburg or a designated representative, they may operate in the
surrounding area during the enforcement period; (3) persons and vessels
may still enter, transit through, anchor in, or remain within the
regulated area or anchor in the spectator area, during the enforcement
period if authorized by the COTP St. Petersburg or a designated
representative; and (4) the Coast Guard will provide advance
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and/or Broadcast Notice to
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 would not result
in such 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 a
special local regulation issued in conjunction with a regatta or marine
parade enforced for ten hours daily over a period of three days that
will prohibit non-participant persons and vessels from entering,
transiting through, remaining within, or anchoring in the regulated
area. It is categorically excluded from further review under paragraph
L61 in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures. 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 contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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

0
2. Add Sec.  100.T07-0153 to read as follows:

Sec.  100.T07-0153  Special Local Regulation; Gulfport Grand Prix, Boca
de Ciego; Gulfport, FL.

    (a) Location. The following regulated areas are established as a
special local regulation. All coordinates are North American Datum
1983.
    (1) Race area. All waters of Boca de Ciego contained within the
following points: 27[deg]44'10'' N, 082[deg]42'29'' W, thence to
position 27[deg]44'07'' N, 082[deg]42'40'' W, thence to position
27[deg]44'06'' N, 082[deg]42'40'' W, thence to position 27[deg]44'04''
N, 082[deg]42'29'' W, thence to position 27[deg]44'07'' N,
082[deg]42'19'' W, thence to position 27[deg]44'08'' N, 082[deg]42'19''
W, thence back to the original position, 27[deg]44'10'' N,
082[deg]42'29'' W.
    (2) Buffer zone. All waters of Boca de Ciego encompassed within the
following points: 27[deg]44'10'' N, 082[deg]42'47'' W, thence to
position 27[deg]44'01'' N, 082[deg]42'44'' W, thence to position
27[deg]44'01'' N, 082[deg]42'14'' W, thence to position 27[deg]44'15''
N, 082[deg]42'14'' W.
    (b) 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 (COTP) St. Petersburg in the enforcement of the
regulated areas.
    (c) Regulations. (1) All non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the ``race area'' unless an authorized by the COTP St.
Petersburg or a designated representative.
    (2) Vessel traffic within the ``buffer zone'' may be controlled by
the COTP St. Petersburg or a designated representative as deemed
necessary by the COTP St. Petersburg or a designated representative
based upon prevailing weather conditions.
    (3) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the race area contact the COTP St. Petersburg by
telephone at<PHONE_NUMBER> or via VHF-FM radio Channel 16 to request
authorization.
    (4) If authorization to enter, transit through, anchor in, or
remain within the race area is granted, all persons and vessels
receiving such authorization shall comply with the instructions of the
COTP or a designated representative.
    (5) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, or by on-scene
designated representatives.
    (d) Enforcement period. This section will be enforced daily from 8
a.m. until 6 p.m. on March 27, 2020 through March 29, 2020.

    Dated: March 10, 2020.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2020-05453 Filed 3-17-20; 8:45 am]
 BILLING CODE 9110-04-P