[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Rules and Regulations]
[Pages 50667-50669]
[FR Doc No: 2011-20770]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0708]
RIN 1625-AA11

Regulated Navigation Area; Portsmouth Naval Shipyard, Portsmouth,
NH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a regulated navigation area on
the Piscataqua River near Portsmouth, NH. This temporary final rule
places speed restrictions on all vessels transiting the navigable
waters on the Piscataqua River, Portsmouth, NH near the Portsmouth
Naval Shipyard between Henderson Point Light on Seavey Island and
Badgers Island Buoy 14. This rule is necessary to provide for the
safety of life on the navigable waters during ongoing ship
construction.

DATES: This rule is effective from August 16, 2011 until 5 p.m. on
September 5, 2011. This rule will be enforced with actual notice from 7
a.m. on August 5, 2011 until 5 p.m. on September 5, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0708 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0708 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Junior Grade Terence Leahy,
Waterways Management Division at Coast Guard Sector Northern New
England, telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>or
Lieutenant Junior Grade Isaac Slavitt, Waterways Management Division at
Coast Guard First District, telephone<PHONE_NUMBER>. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 the Coast Guard was not notified of
the need for this rule until 13 July 2011, and the Portsmouth Naval
Facility will begin diving operations in this area within a short
timeframe making publication of a NPRM and Final Rule impractical. This
regulated navigation area is necessary to provide for the safety of the
divers and others working in the area as wake from passing vessels
could cause the ship to move erratically and unexpectedly, injuring the
divers and their support crews. Not providing for the safety of the
divers and others in the area is contrary to the public interest of
creating a safe work environment.
    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 as immediate action is necessary to
provide for the safety of divers and workers on the vessel. In addition
to the reasons stated within this preamble, a delay in the effective
date of this rule is contrary to the public's interest in ensuring the
ship construction project continues as scheduled.

Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are determined
to have hazardous conditions and in which vessel traffic can be
regulated in the interest of safety. See 33 U.S.C. 1231 and Department
of Homeland Security Delegation No. 0170.1.
    As part of ongoing ship construction projects at the Portsmouth
Naval Shipyard, divers will be working on the hull of a vessel for
approximately four weeks beginning on August 5, 2011. Unexpected and
uncontrolled movement of the vessel due to wake while divers are in the
water creates a significant risk of serious injury or death. In order
to ensure the safety of vessel workers such as divers during the period
of ship construction work, the Coast Guard is creating a regulated
navigation area to limit the speed, and thus wake, of all vessels
operating in the vicinity of the shipyard.

Discussion of Rule

    This action places speed restrictions on all vessels transiting the
navigable waters on the Piscataqua River, Portsmouth, NH near the
Portsmouth Naval Shipyard between Henderson Point Light on Seavey
Island and Badgers Island Buoy 14 when necessary for the safety of
navigation during periods of ship construction work. All vessels
operating in this area shall proceed with caution; operate at no more
than 5 knots and in a manner so as to produce no wake. Diving
operations and other vessel construction may occur at any time, day or
night.
    The Captain of the Port Sector Northern New England will cause
notice of enforcement or suspension of enforcement of this regulated
navigation area to be made by all appropriate means in order to affect
the widest distribution among the affected segments of the public. Such
means of notification will include, but is not limited to, Broadcast
Notice to Mariners

and Local Notice to Mariners. In addition, Captain of the Port Sector
Northern New England maintains a telephone line that is staffed 24
hours a day, seven days a week. The public can obtain information
concerning enforcement of the regulated navigation area by contacting
Sector Northern New England Command Center at<PHONE_NUMBER>.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit the portion of the Piscataqua River affected by this rule
between August 5, 2011 and September 5, 2011.
    This regulation may have some impact on the public, but the
potential impact will be minimized for the following reasons: This rule
allows vessels to continue to transit through the regulated area, but
only at a reduced speed. The reduced speed area is relatively small
(approximately 1 nautical mile long) and will only be enforced when
necessary to protect the safety of personnel at the Portsmouth Naval
Shipyard. Further, the Coast Guard will advise mariners as to the
enforcement of the regulated navigation area through broadcast and
local notice to mariners thus allowing mariners to plan their transits
accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management

systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishing of a
regulated navigation area and therefore falls within the categorical
exclusion noted above. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0708 to read as follows:

Sec.  165.T01-0708  Regulated Navigation Area; Portsmouth Naval Base,
Portsmouth, NH.

    (a) Location. The following area is a regulated navigation area:
All navigable waters on the Piscataqua River, Portsmouth, NH and
Kittery, ME near the Portsmouth Naval Shipyard between
43[deg]04[min]29.319[sec] N, 070[deg]44[min]10.189[sec] W (Henderson
Point Light 10, LLNR 8375) on Seavey Island and
43[deg]04[min]51.951[sec] N, 070[deg]45[min]21.518[sec] W (Badgers
Island Buoy 14, LLNR 8405).
    (b) Regulations: (1) The general regulations contained in 33 CFR
165.10, 165.11 and 165.13 apply.
    (2) In accordance with the general regulations, the following
restrictions apply to all vessels operating within the regulated area
noted above.
    (i) No vessel may operate in this regulated area at a speed in
excess of five knots.
    (ii) All vessels must proceed through the area with caution and
operate in such a manner as to produce no wake.
    (iii) Vessels operating within the regulated navigation area must
comply with all directions given to them by the Captain of the Port
Sector Northern New England or his on-scene representative. The ``on-
scene representative'' of the Captain of the Port is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
Captain of the Port to act on his behalf. The on-scene representative
may be on a Coast Guard vessel, State Marine Patrol vessel or other
designated craft, or may be on shore and will communicate with vessels
via VHF-FM radio or loudhailer. Members of the Coast Guard Auxiliary or
Naval Harbor Security Patrol may be present to inform vessel operators
of this regulation.
    (iv) For purposes of navigational safety, the Captain of the Port
or on-scene representative may authorize a deviation from this
regulation.
    (c) Enforcement. (1) This regulated navigation area is enforceable
24 hours a day from August 5, 2011 until September 5, 2011.
    (2) Notice of suspension of enforcement: The Captain of the Port
Sector Northern New England may temporarily suspend enforcement of the
regulated navigation area. If enforcement of the zone is temporarily
suspended, the Captain of the Port Sector Northern New England will
cause a notice of the suspension of enforcement of this regulated
navigation area to be made by all appropriate means to affect the
widest publicity among the affected segments of the public. Such means
of notification may also include but are not limited to, Broadcast
Notice to Mariners or Local Notice to Mariners. Such notification will
include the date and time that enforcement is suspended as well as the
date and time that enforcement will resume.
    (3) Violations of this regulated navigation area should be reported
to the Captain of the Port Sector Northern New England, at (207) 767-
0303 or on VHF-Channel 16. Persons in violation of this regulated
navigation area may be subject to civil and/or criminal penalties.

    Dated: August 5, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-20770 Filed 8-15-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Notices]
[Pages 60939-60941]
[FR Doc No: 2013-24011]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70520; File No. SR-NYSEARCA-2013-94]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Equities Schedule of Fees and Charges for Exchange Services
Regarding Calculation of the Mid-Point Passive Liquidity Order Tier

September 26, 2013.
    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 September 17, 2013, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') 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 proposes to amend the NYSE Arca Equities
Schedule of Fees and Charges for Exchange Services (the ``Fee
Schedule'') regarding calculation of the Mid-Point Passive Liquidity
(``MPL'') Order Tier. The Exchange proposes to implement the fee change
on October 1, 2013. The text of the proposed rule change is available
on the Exchange's Web site at www.nyse.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 the Fee Schedule regarding
calculation of the MPL Order Tier.\4\ The Exchange proposes to
implement the fee change on October 1, 2013.
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    \4\ See Securities Exchange Act Release No. 69926 (July 3,
2013), 78 FR 41154 (July 9, 2013) (SR-NYSEArca-2013-67). A Passive
Liquidity (``PL'') Order is an order to buy or sell a stated amount
of a security at a specified, undisplayed price. See Rule
7.31(h)(4). An MPL Order is a PL Order executable only at the
midpoint of the Protected Best Bid and Offer. See Rule 7.31(h)(5).
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    Under the MPL Order Tier, MPL Orders that provide liquidity to the
Exchange receive a credit of $0.0020 per share for Tape A, B and C
Securities. As specified in the Fee Schedule, the MPL

Order Tier currently applies to ETP Holders, including Market Makers,
that execute an average daily volume (``ADV'') of MPL Orders during the
month that is 0.0775% or more of U.S. consolidated ADV (``CADV'').\5\
For all other fees and credits, Tiered or Basic Rates apply based on a
firm's qualifying levels.\6\
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    \5\ U.S. CADV means United States Consolidated Average Daily
Volume for transactions reported to the Consolidated Tape and
excludes volume on days when the market closes early.
    \6\ For ETP Holders that do not satisfy the MPL Order Tier
threshold, an MPL Order that provides liquidity receives a credit of
$0.0015 per share for Tape A, B and C Securities. A $0.0030 fee
applies to MPL Orders in Tape A, B and C Securities that remove
liquidity.
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    The Exchange proposes to specify that the 0.0775% threshold
includes only MPL Orders that provide liquidity, whereas the Fee
Schedule currently specifies that it includes executed MPL Orders,
which could also include MPL Orders that remove liquidity. For example,
if U.S. CADV during a month is 6.5 billion shares across Tapes A, B and
C, an ETP Holder would need to execute an ADV of at least 5,037,500
shares of providing MPL Orders during the month in order to qualify for
the applicable MPL Order Tier credit of $0.0020 per share, in which
case the ETP Holder's executions of MPL Orders that provided liquidity
would receive a credit of $0.0020 per share for Tape A, B and C
Securities. Under this example, an ETP Holder that executed an ADV of
less than 5,037,500 shares of providing MPL Orders during the month
would not qualify for the MPL Order Tier and, therefore, the ETP
Holder's executions of MPL Orders that provided liquidity would receive
a credit of $0.0015 per share for Tape A, B and C Securities.
    The proposed change is not otherwise intended to address any other
issues, and the Exchange is not aware of any problems that ETP Holders
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,\7\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\8\ 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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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed change is reasonable
because the proposed specification would result in the MPL Order Tier
threshold relating only to volume that provides liquidity, which would
be identical to the type of volume to which the corresponding credit
would apply. The Exchange also believes that the proposed change is
reasonable because the MPL Order Tier and corresponding credit of
$0.0020 per share would continue to incentivize ETP Holders to submit
additional MPL Orders that provide liquidity on the Exchange. This
would continue to increase the liquidity available on the Exchange and,
therefore, potential price improvement to incoming marketable orders
submitted to the Exchange. In this regard, MPL Orders allow for
additional opportunities for passive interaction with trading interest
on the Exchange and are designed to offer potential price improvement
to incoming marketable orders submitted to the Exchange.\9\ The
Exchange also believes that the proposed change is equitable and not
unfairly discriminatory because the MPL Order Tier would continue to be
available to all ETP Holders to qualify for and would apply equally to
providing MPL Orders from all ETP Holders in all Tape A, B and C
Securities traded on the Exchange.
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    \9\ See, e.g., Securities Exchange Act Release No. 54511
(September 26, 2006), 71 FR 58460, 58461 (October 3, 2006) (SR-PCX-
2005-53).
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    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 these 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,\10\ 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. Instead, the Exchange believes that the
proposed change would continue to encourage competition, including by
attracting additional liquidity to the Exchange, which would continue
to make the Exchange a more competitive venue for, among other things,
order execution and price discovery. All ETP Holders have the ability
to submit MPL Orders, and ETP Holders could readily choose to submit
additional liquidity-providing MPL Orders in order to qualify for the
MPL Order Tier. The Exchange does not believe that the proposed change
will impair the ability of ETP Holders or competing order execution
venues to maintain their competitive standing in the financial markets.
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    \10\ 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. In such an environment, the Exchange must continually
review, and consider adjusting, its fees and credits to remain
competitive with other exchanges. For the reasons described above, the
Exchange believes that the proposed rule change reflects this
competitive environment.

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) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 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) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \13\ 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-NYSEARCA-2013-94 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-NYSEARCA-2013-94. 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-NYSEARCA-2013-94 and should
be submitted on or before October 23, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24011 Filed 10-1-13; 8:45 am]
BILLING CODE 8011-01-P