[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67946-67950]
[FR Doc No: 2023-21751]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0510]
RIN 1625-AA08

Special Local Regulation; Atlantic Intracoastal Waterway,
Morehead City, NC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation

(SLR) for certain navigable waters of the Atlantic Intracoastal
Waterway (AICW) and Beaufort Inlet in Morehead City, North Carolina.
This SLR, will be enforced annually for one weekend each September, and
will restrict vessel traffic on the AICW and Beaufort Inlet during
high-speed boat races. The restriction of vessel traffic movement in
the SLR is for the purpose of protecting participants and spectators
from the hazards posed by these events. Entry of vessels or persons
into this regulated area will be prohibited unless specifically
authorized by the Captain of the Port (COTP), North Carolina or a
designated representative.

DATES: This rule is effective without actual notice October 3, 2023.
For the purposes of enforcement this year, actual notice will be used
from September 30, 2023 until October 3, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0510 in the search box, and click ``Search.'' Next, in the
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Ken Farah, Waterways
Management Division, U.S. Coast Guard Sector North Carolina,
Wilmington, NC; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AICW Atlantic Intracoastal Waterway
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
SLR Special Local Regulation
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 13, 2023, NC East Sports, Inc. notified the Coast Guard
that it will be hosting the Crystal Coast Grand Prix powerboat race in
Morehead City, NC. This high-speed boat race will take place from 10
a.m. to 6 p.m. on the waters of the Atlantic Intracoastal Waterway
(AICW) and Beaufort Inlet each year on one consecutive Friday,
Saturday, and/or Sunday in September. It is anticipated that
approximately 60 high speed vessels will be participating each year.
The racecourse encompasses approximately 1.5 square miles and will
include all navigable waters of the AICW and Beaufort Inlet, North
Carolina from approximate positions more particularly described in the
discussion (paragraph III of this preamble), below. The Captain of the
Port, Sector North Carolina (COTP) has determined that the presence of
vessels not associated with the race, and anyone else in or transiting
the designated area of the AICW and Beaufort Inlet in Morehead City, NC
during the high-speed vessel race would pose a safety concern to the
participating vessels, and to spectators of the event, as well as to
others within the designated area. In response, on August 23, 2023, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Special Local Regulation; Atlantic Intracoastal Waterway, Morehead
City, NC.'' There we stated why we had issued the NPRM and invited
comments on our proposed regulatory action related to this high-speed
boat race. During the comment period that ended September 22, 2023, we
received no comments.]
    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. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to protect non-participating persons, vessels, and
participants against the hazards associated with restricted waterway
during this high-speed boat race.

III. Legal Authority and Need for the Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port, Sector North Carolina (COTP) has
determined that the presence of vessels not associated with the race,
and anyone else in or transiting the designated area of the AICW and
Beaufort Inlet in Morehead City, NC during the high-speed vessel race
would pose a safety concern to the participating vessels, and to
spectators of the event, as well as to others within the designated
area. The purpose of this rulemaking is to ensure the safety of
vessels, participants, and other persons from the hazards associated
with the event.
    This rule will modify 33 CFR 100.501 by listing a new, recurring
marine event in Table 4 to Paragraph (i)(4), which covers the Coast
Guard Sector North Caroline--COTP Zone.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM. There are no
changes in the regulatory text of this rule from that in the NPRM.
    This rule establishes a SLR which will be enforced on a portion of
the AICW and Beaufort Inlet from 10 a.m. until 6 p.m. each year on one
consecutive Friday, Saturday, and/or Sunday in September. The times of
enforcement would be broadcast locally over VHF-FM marine radio via a
Broadcast Notice to Mariners (BNM), Marine Safety Information Bulletin
(MSIB), and Local Notice to Mariners (LNM).
    The regulated area will encompass approximately 1.5 square miles
and will include all navigable waters of the AICW and Beaufort Inlet,
North Carolina, from approximate positions: latitude 34[deg]42'55'' N,
longitude 076[deg]43'15'' W, then east to latitude 34[deg]42'56'' N,
longitude 076[deg]42'13'' W, then east to latitude 34[deg]42'57'' N,
longitude 076[deg]41'41'' W, then east to latitude 34[deg]42'57'' N,
longitude 076[deg]41'25'' W, then south east to latitude 34[deg]42'23''
N, longitude 076[deg]40'44'' W, then south to latitude 34[deg]41'59''
N, longitude 076[deg]40'43'' W, then north west to latitude
34[deg]42'32'' N, longitude 076[deg]42'14'' W, then west to latitude
34[deg]42'32'' N, longitude 076[deg]43'15'' W, then north to its point
of origin.
    This SLR provides additional information about areas that will be
included within the regulated area, including their definitions. These
areas include ``Race Area,'' ``Spectator Area,'' and ``Buffer Zone.''
    The size of the regulated area is intended to ensure the safety of
life on these navigable waters before, during, and after activities
associated with the high-speed boat race. The COTP and the Coast Guard
Event Patrol Commander (PATCOM) have authority to forbid and control
the movement of all vessels and persons, including event participants,
in the regulated area. When hailed or signaled by an official patrol, a
vessel or person in the regulated area must immediately comply with the
directions given by the COTP or Event PATCOM. If a person or vessel
fails to follow such directions, the Coast Guard may expel them from
the area, issue them a citation for failure to comply, or both.
    Except for Crystal Coast Grand Prix race participants and vessels
already at berth, a vessel or person would have to get permission from
the COTP or Event PATCOM to remain in the regulated area during an
enforcement period or to enter the regulated area. Vessel operators
will be required to request permission to enter and transit through the
regulated area by contacting the Event PATCOM on VHF-FM channel 16.
Vessel traffic will be able to safely

transit the regulated area once the Event PATCOM deemed it safe to do
so. A vessel within the regulated area will have to operate at safe
speed that minimizes wake. A person or vessel not registered with the
event sponsor as a participant or assigned as official patrols would be
considered a spectator. Official Patrols will include any vessel
assigned or approved by the Commander, Coast Guard Sector North
Carolina with a commissioned, warrant, or petty officer on board and
displaying a Coast Guard ensign. Official Patrols enforcing this
regulated area can be contacted on VHF-FM channel 16 and channel 22A.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. A spectator vessel will be
prohibited from loitering within the Race Zone, Buffer Zone, or other
portions of the navigable channel while it is within the regulated
area. Official patrol vessels will direct spectators to the designated
spectator area. Only participant vessels will be allowed to enter the
Race Area, and the Buffer Zone, if necessary.
    The proposed duration of this SLR is intended to protect
participants and spectators on the navigable waters of the AICW and
Beaufort Inlet during the high-speed boat race. Vessels can request
permission to pass through the SLR between race heats. No vessel or
person will be permitted to enter the SLR without obtaining permission
from the COTP North Carolina or a designated representative.

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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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, duration and time of day of the SLR. Vessel traffic will not
be allowed to enter or transit a portion of the AICW or Beaufort Inlet
during an active race event for times as published each year on the
second or last Friday, Saturday, and Sunday in September. The rule
will, however, allow vessels to request permission to pass through the
regulated area between race heats. The Coast Guard will transmit a BNM
via VHF-FM marine channel 16, publish an MSIB, and post a LNM regarding
the enforcement period of the SLR.

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 no 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 an SLR
to be enforced during active race events on the Atlantic Intracoastal
Waterway and Beaufort Inlet in Morehead City,

NC. It is categorically excluded from further review under paragraph
L61of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
1. A Record of Environmental Consideration Memorandum for the Record
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 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:
    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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. In Sec.  100.501, amend Table 4 to Paragraph (i)(4) by adding the
following event after the last entry to read as follows.

Sec.  100.501  Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.

* * * * *

                                           Table 4 to Paragraph (i)(4)
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               Event                        Regulated area         Enforcement period(s)          Sponsor
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Crystal Coast Grand Prix Powerboat   All navigable waters of the  One consecutive         NC East Sports, Inc.
 Race.                                AICW and Beaufort Inlet,     Friday, Saturday, and/
                                      North Carolina from          or Sunday in
                                      approximate positions:       September.
                                      latitude 34[deg]42'55'' N,
                                      longitude 076[deg]43'15''
                                      W, then east to latitude
                                      34[deg]42'56'' N,
                                      longitude 076[deg]42'13''
                                      W, then east to latitude
                                      34[deg]42'57'' N,
                                      longitude 076[deg]41'41''
                                      W, then east to latitude
                                      34[deg]42'57'' N,
                                      longitude 076[deg]41'25''
                                      W, then south east to
                                      latitude 34[deg]42'23'' N,
                                      longitude 076[deg]40'44''
                                      W, then south to latitude
                                      34[deg]41'59'' N,
                                      longitude 076[deg]40'43''
                                      W, then north west to
                                      latitude 34[deg]42'32'' N,
                                      longitude 076[deg]42'14''
                                      W, then west to latitude
                                      34[deg]42'32'' N,
                                      longitude 076[deg]43'15''
                                      W, then north to its point
                                      of origin.
                                     Race area: All navigable
                                      waters of the AICW and
                                      Beaufort Inlet, North
                                      Carolina, from approximate
                                      positions: latitude
                                      34[deg]42'52'' N,
                                      longitude 076[deg]43'16''
                                      W, then east to latitude
                                      34[deg]42'52.2'' N,
                                      longitude
                                      076[deg]42'11.04'' W, then
                                      east to latitude
                                      34[deg]42'53.76'' N,
                                      longitude
                                      076[deg]41'38.04'' W, then
                                      southeast to latitude
                                      34[deg]42'10.8'' N,
                                      longitude
                                      076[deg]40'44.4'' W, then
                                      south to latitude
                                      34[deg]42'4.3'' N,
                                      longitude
                                      076[deg]40'48.1'' W, then
                                      northwest to latitude
                                      34[deg]42'47.34'' N,
                                      longitude 076[deg]41'49''
                                      W, then west to latitude
                                      34[deg]42'50'' N,
                                      longitude 076[deg]43'16''
                                      W, then north to the point
                                      of origin.
                                     Spectator area: All waters
                                      of the AICW, North
                                      Carolina, from approximate
                                      positions: latitude
                                      34[deg]42'42'' N,
                                      longitude 076[deg]43'15''
                                      W, then east to latitude
                                      34[deg]42'41'' N,
                                      longitude 076[deg]42'14''
                                      W, then south to latitude
                                      34[deg]42'32'' N,
                                      longitude 076[deg]42'14''
                                      W, then west to latitude
                                      34[deg]42'32'' N,
                                      longitude 076[deg]43'15''
                                      W, then north to the point
                                      of origin.
                                     Buffer zone: All waters of
                                      the AICW and Beaufort
                                      Inlet, North Carolina,
                                      from approximate
                                      positions: latitude
                                      34[deg]42'55'' N,
                                      longitude 076[deg]43'15''
                                      W, then east to latitude
                                      34[deg]42'56'' N,
                                      longitude 076[deg]42'13''
                                      W, then east to latitude
                                      34[deg]42'57'' N,
                                      longitude 076[deg]41'41''
                                      W, then east to latitude
                                      34[deg]42'57'' N,
                                      longitude 076[deg]41'25''
                                      W, then south east to
                                      latitude 34[deg]42'23'' N,
                                      longitude 076[deg]40'44''
                                      W, then south to latitude
                                      34[deg]41'59'' N,
                                      longitude 076[deg]40'43''
                                      W, then north west to
                                      latitude 34[deg]42'41'' N,
                                      longitude 076[deg]42'05''
                                      W, then west to latitude
                                      34[deg]42'42'' N,
                                      longitude 076[deg]43'15''
                                      W, then north to its point
                                      of origin.
----------------------------------------------------------------------------------------------------------------
\1\ As noted, the enforcement dates and times for each of the listed events in this table are subject to change.
  In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be
  determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in
  the Federal Register, as well as, issuing a Broadcaster Notice to Mariner.

Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-21751 Filed 10-2-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80935-80936]
[FR Doc No: 2011-33127]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0224; FRL-9509-6]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Calciners and Dryers in
Mineral Industries (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted, below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before January 26,
2012.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2011-0224, to (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, Mail Code
2822IT, 1200 Pennsylvania Avenue NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 9, 2011 (76 FR 26900), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to both EPA and OMB within 30
days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2011-0224, which is available for public viewing
online at http://www.regulations.gov, or in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC The
EPA Docket Center 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 Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: NSPS for Calciners and Dryers in Mineral Industries
(Renewal).
    ICR Numbers: EPA ICR Number 0746.08, OMB Control Number 2060-0251.
    ICR Status: This ICR is scheduled to expire on December 31, 2011.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
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. The OMB Control Numbers for EPA regulations
are listed in 40 CFR part 9 and 48 CFR Chapter 15, and are identified
on the form and/or instrument, if applicable.
    Abstract: The New Source Performance Standards (NSPS) for Calciners
and Dryers in Mineral Industries (40 CFR part 60, subpart UUU) were
proposed on April 23, 1986 and promulgated on September 28, 1992.
    The affected entities are subject to the General Provisions of the
NSPS at 40 CFR part 60, subpart A, and any changes or additions to the
General Provisions specified at 40 CFR part 60, subpart UUU.
    These standards apply to new, modified, and reconstructed calciners
and dryers at mineral processing plants that process or produce any of
the following minerals and their concentrates, or any mixture of which
the majority is any of the following minerals or a combination of these
minerals: Alumina, ball clay, bentonite, diatomite, feldspar, fire
clay, fuller's earth, gypsum, industrial sand, kaolin, lightweight
aggregate, magnesium compounds, perlite, roofing granules, talc,
titanium dioxide, and vermiculite. Particulate matter is the pollutant
regulated under this subpart. Feed and product conveyors are not
considered part of the affected facility. Facilities subject to NSPS
subpart LL, Metallic Mineral Processing Plants, are not subject to this
standard. There are additional processes and process units at mineral
processing plants listed at section 60.730(b), which are not subject to
the provisions of this subpart.
    All reports are sent to the delegated state or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA regional office. This information is being
collected to assure compliance with 40 CFR part 60, subpart UUU, as
authorized in sections 112 and 114(a) of

the Clean Air Act. The required information consists of emissions data
and other information that have been determined to be private.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 19
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Calciners and dryers at mineral
processing plants.
    Estimated Number of Respondents: 334.
    Frequency of Response: Occasionally, semiannually and annually.
    Estimated Total Annual Hour Burden: 6,434.
    Estimated Total Annual Cost: $724,410, which includes $615,860 in
labor costs, no capital startup costs; and $108,550 in operating and
maintenance (O&M) costs.
    Changes in the Estimates: There is an adjustment decrease in the
total estimated burden hours as currently identified in the OMB
Inventory of Approved Burdens. The change was due to the fact that
there are no new respondents. There is, however, an increase in the
estimated labor cost. The increase is not due to any program changes.
The change is due to the use of the most updated labor rates.
    There is a change in the capital/startup costs vs. operation and
maintenance (O&M) costs, which could be attributed to the fact that no
capital/startup costs are incurred because there are no new sources.
The only cost that is incurred is for the O&M of the monitoring
equipment.

    Dated: December 20, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-33127 Filed 12-23-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Page 76379]
[FR Doc No: 2016-26477]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4285-DR; Docket ID FEMA-2016-0001]

North Carolina; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Carolina (FEMA-4285-DR), dated October 10, 2016,
and related determinations.

DATES: Effective Date: October 13, 2016.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of North Carolina is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of October 10, 2016.

    Duplin and Pender Counties for Individual Assistance (already
designated for assistance for debris removal and emergency
protective measures [Categories A and B], including direct federal
assistance, under the Public Assistance program).
    Gates County for Individual Assistance and assistance for debris
removal and emergency protective measures (Categories A and B),
including direct federal assistance, under the Public Assistance
program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-26477 Filed 11-1-16; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Notices]
[Page 64235]
[DOCID:fr15no07-84]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. CGD08-07-042]

Notice of Public Hearing on Bellaire Bridge Across the Ohio
River, Mile 94.3 at Bellaire, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of public hearing.

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

SUMMARY: The Commander, Eighth Coast Guard District will hold a public
hearing to receive comments concerning the status of the Bellaire
Bridge at Bellaire, Ohio. The hearing will allow interested persons to
present comments and information about the bridge not being used for
transportation purposes and being an obstruction to navigation.

DATES: The hearing will be held on December 19, 2007, from 3 p.m. to 6
p.m. If you would like to submit written material and requests to make
an oral presentation at the hearing, please notify the Bridge
Administrator no later than December 12, 2007.

ADDRESSES: The hearing will be held at the Bellaire Library, 330 32nd
Street, Bellaire, Ohio 43906. Send written material and requests to
make oral comments to Commander (dwb), Eighth Coast Guard District,
Bridge Branch, 1222 Spruce Street, Room 2.107F, Saint Louis, Missouri
63103.
    Commander (dwb) maintains the public docket for this notice and
hearing minutes, comments and material received from the public will
become part of Docket CGD 08-07-042. Written comments will be accepted
and should reach the Bridge Administrator by close of business on
December 12, 2007. All information pertaining to this Docket CGD 08-07-
042 will be available for inspection or copying at the above address
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions regarding this
notice call Mr. Roger K. Wiebusch, Bridge Administrator, telephone
(314) 269-2378.

SUPPLEMENTARY INFORMATION:

Background

    Complaints have been received alleging that the bridge is not used
for transportation and is unreasonably obstructive to navigation.
Information available to the Coast Guard reflects concern about the
lack of use of the bridge and its structural condition. The bridge was
built in 1924 by the Interstate Bridge Company and used for land
transportation until 1990.

Procedural

    The hearing is open to the public. Attendees at the hearing, who
wish to present testimony and have not previously made a request to do
so, will follow those having submitted a request, as time permits. If a
large number of persons wish to speak, the presiding officer may limit
the time allotted to each speaker. Conversely, the public hearing may
end early if all present wishing to speak have done so.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the hearing, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section as
soon as possible.

    Dated: November 6, 2007.
Roger K. Wiebusch,
Bridge Administrator.
 [FR Doc. E7-22351 Filed 11-14-07; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44353-44356]
[FR Doc No: 2016-16111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78221; File No. SR-BatsEDGX-2016-28]

Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To Add
Interpretation and Policy .01 to Rule 16.1 To Specify the Calculation
Methodology for Counting Professional Orders

July 1, 2016.
    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 June 30, 2016, Bats EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it 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)(iii).
---------------------------------------------------------------------------

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

    The Exchange proposes to add Interpretation and Policy .01 to Rule
16.1 to specify the manner in which the Exchange calculates average
daily order submissions for purposes of counting Professional orders,
as further described below.
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant 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 add Interpretation and Policy .01 to Rule
16.1 to specify the methodology for counting average daily order
submissions in listed options to determine whether a person or entity
meets the definition of a Professional (``Professional order
counting''). The proposed rule change is designed to harmonize
Professional order counting with the recently adopted rules of
competing options exchanges--specifically the Chicago Board of Options
Exchange, Inc. (``CBOE'') and NASDAQ OMX PHLX LLC (``PHLX'').\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release Nos. 77450 (March 25,
2016), 81 FR 18668, (March 31, 2016) (SR-CBOE-2016-005); 77449
(March 25, 2016), 81 FR 18665, (March 31, 2016) (SR-Phlx-2016-10)
(approval orders). The Exchange notes that it recently issued
guidance regarding Professional order counting. See e.g., Bats BZX
Exchange, Inc. and Bats EDGX Exchange Inc., Regulatory Circular (RC-
2015-012, respectively) dated December 21, 2015. This proposal
codifies that guidance in a manner that is consistent with CBOE and
PHLX's approved rules. The Exchange notes that various other options
exchanges refer to Professionals as ``Professional Customers.'' The
Exchange has proposed to continue to use the term Professional, as
is currently the case in Exchange rules.
---------------------------------------------------------------------------

    Rule 16.1(a)(46) defines a Professional ``as any person or entity
that (A) is not a broker or dealer in securities; and (B) places more
than 390 orders in listed options per day on average during a calendar
month for its own beneficial account(s).'' In adopting Rule
16.1(a)(46), the Exchange believed that identifying Professional
accounts based upon the average number of orders entered in qualified
accounts is an appropriate, objective approach that will reasonably
distinguish such persons and entities from non-professional, retail
investors or market participants. In order to properly represent orders
entered on the Exchange, Options Members are required to indicate
whether Customer orders are ``Professional'' orders.\6\ To comply with
this requirement, Options Members are required to review their
Customers' activity on at least a quarterly basis to determine whether
orders that are not for the account of a broker-dealer should be
represented as Customer orders or Professional orders.\7\
---------------------------------------------------------------------------

    \6\ See e.g., Rule 18.2(a)(6) (Conduct and Compliance with the
Rules) (requiring that accurate information is input into the
System, including but not limited to, the Options Member's
capacity).
    \7\ Orders for any customer that had an average of more than 390
orders per day during any month of a calendar quarter must be
represented as Professional orders for the next calendar quarter.
Option Members would be required to conduct a quarterly review and
make any appropriate changes to the way in which they are
representing orders within five business days after the end of each
calendar quarter. While Option Members only would be required to
review their accounts on a quarterly basis, if during a quarter the
Exchange identifies a customer for which orders are being
represented as Customer orders but that has averaged more than 390
orders per day during a month, the Exchange would notify the Option
Member would be required to change the manner in which it is
representing the customer's orders within five business days.
---------------------------------------------------------------------------

    The advent of new multi-leg spread products and the proliferation
of the use of complex orders and algorithmic execution strategies by
both institutional and retail market participants has raised questions
as to what should be counted as an ``order'' for Professional order
counting purposes. The proposed changes would specifically address the
counting of multi-leg spread products, algorithm generated orders, and
complex orders for purposes of determining Professional status. In
addition, the proposal is intended to provide guidance regarding the
methodology used by the Exchange when calculating average daily orders
for Professional order counting purposes.\8\
---------------------------------------------------------------------------

    \8\ This proposal is consistent with CBOE and PHLX's approved
rules. See supra note 5.
---------------------------------------------------------------------------

    As proposed, the rule would provide that an order would count as
one order for Professional counting purposes, unless one of the
exceptions enumerated in the proposed rule stipulates otherwise (each
an ``Exception''). The first Exception relates to the treatment of
complex orders for purposes of computing orders for Professional order
counting purposes. Specifically, the proposed rule provides that a
complex order of eight (8) option legs or less would count as one
order, whereas a complex order comprised of nine (9) option legs or
more counts as

multiple orders with each option leg counting as its own separate
order.\9\ The Exchange believes the distinction between complex orders
with up to eight option legs from those with nine or more option legs
is appropriate in light of the purposes for which Rule 16.1(a)(46) was
adopted. In particular, the Exchange notes that multi-leg complex order
strategies with nine or more option legs are more complex in nature and
thus, more likely to be used by professional traders than traditional
two, three, and four option leg complex order strategies such as the
strangle, straddle, butterfly, collar, and condor strategies, and
combinations thereof with eight option legs or fewer, which are
generally not algorithmically generated and are frequently used by non-
professional, retail investors. Thus, the types of complex orders
traditionally placed by retail investors would continue to count as
only one order while the more complex strategy orders that are
typically used by professional traders would count as multiple orders
for Professional order counting purposes.\10\
---------------------------------------------------------------------------

    \9\ See proposed Interpretation and Policy .01(a)(1)-(2).
    \10\ See also supra note 5.
---------------------------------------------------------------------------

    The second Exception relates to calculations for parent/child
orders. As proposed, if a parent order submitted for the beneficial
account(s) of a person or entity other than a broker or dealer is
subsequently broken up into multiple child orders on the same side
(buy/sell) and series by a broker or dealer, or by an algorithm housed
at the broker or dealer, or by an algorithm licensed from the broker or
dealer but housed with the customer, then the order would count as one
order even if the child orders are routed across several exchanges.\11\
The Exchange believes this proposed change would allow the orders of
public customers to be ``worked'' by a broker (or a broker's algorithm)
in order to achieve best execution without counting the multiple child
orders as separate orders for Professional order counting purposes.
Conversely, if a parent order, including a strategy order,\12\ is
broken into multiple child orders on both sides (buy/sell) of a series
and/or multiple series, then each child order would count as a separate
new order per side and series.\13\ This proposed change would allow the
Exchange, for Professional order counting purposes, to count as
multiple orders those ``child'' orders of ``parent'' orders generated
by algorithms that are typically used by sophisticated traders to
continuously update their orders in concert with market updates in
order to keep their overall trading strategies in balance.
---------------------------------------------------------------------------

    \11\ See proposed Interpretation and Policy .01(b)(1).
    \12\ The term ``strategy order'' refers to an execution
strategy, trading instruction, or algorithm whereby multiple
``child'' orders on both sides of a series and/or multiple series
are generated prior to being sent to an options exchange(s).
    \13\ See proposed Interpretation and Policy .01(b)(2).
---------------------------------------------------------------------------

    The third Exception would govern the counting methodology for
cancel/replace orders. As proposed, any order that cancels and replaces
an existing order would count as a separate order (or multiple orders
in the case of complex orders of nine option legs or more) for
Professional order counting purposes.\14\ However, the Exchange
proposes that an order to cancel and replace a child order would not
count as a new order if the parent order that was placed for the
beneficial account(s) of a non-broker or dealer had been subsequently
broken into multiple child orders on the same side and series as the
parent order by a broker or dealer, algorithm at a broker or dealer, or
algorithm licensed from a broker or dealer but housed at the
customer.\15\ By contrast, the Exchange proposes that an order that
cancels and replaces a child order resulting from a parent order,
including a strategy order, that generated child orders on both sides
(buy/sell) of a series and/or in multiple series would count as a new
order per side and series (``Both Sides/Multiple Series'').\16\
Finally, the Exchange proposes that, notwithstanding the treatment of a
cancel/replace relating to Same Sides/Same Series orders, an order that
cancels and replaces any child order resulting from a parent order
being pegged to the Exchange's best bid or offer (``BBO'') or the
national best bid or offer (``NBBO'') or that cancels and replaces any
child order pursuant to an algorithm that uses the BBO or NBBO in the
calculation of child orders and attempts to move with or follow the BBO
or NBBO of a particular options series would count as a new order each
time the order cancels and replaces in order to attempt to move with or
follow the BBO or NBBO.\17\
---------------------------------------------------------------------------

    \14\ See proposed Interpretation and Policy .01(c)(1).
    \15\ See proposed Interpretation and Policy .01(c)(2).
    \16\ See proposed Interpretation and Policy .01(c)(3).
    \17\ See proposed Interpretation and Policy .01(c)(4).
---------------------------------------------------------------------------

Implementation
    The Exchange proposes to implement the rule on July 1, 2016, which
would be announced in a circular distributed to Members.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\18\ in general, and furthers the
objectives of Section 6(b)(5),\19\ 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. Additionally, the Exchange believes the proposed rule change
is consistent with the requirement set forth in Section 6(b)(5) \20\ of
the Act that the rules of an exchange not be designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
    \20\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the proposal is designed
to adopt a reasonable and objective approach to determine Professional
status that is consistent with the approach being utilized on other
options exchanges, which benefits market participants by providing
consistency across exchanges regarding the Professional order
counting.\21\ In this regard, the Exchange believes that codifying the
manner in which the Exchange would conduct Professional order counting
would provide Option Members with certainty and provide them with
insight as they conduct their own quarterly reviews for purposes of
designating orders.
---------------------------------------------------------------------------

    \21\ See supra note 5.
---------------------------------------------------------------------------

    The Exchange notes that it is not amending the threshold of 390
orders in listed options per day but, consistent with other exchanges,
is revising the method for counting Professional orders in the context
of multi-part orders and cancel/replace activity. In short, the
proposal addresses how to account for complex orders, parent/child
orders, and cancel/replace orders. The Exchange believes that
distinguishing between complex orders with nine or more option legs and
those orders with eight or fewer option legs is a reasonable and
objective approach. In addition, the Exchange believes the proposal
appropriately distinguishes between parent/child orders that are
generated by a broker's efforts to obtain an execution on a larger size
order while minimizing market impact and multi-part orders that used by
more sophisticated market participants. Similarly, the Exchange
believes that the proposal that cancel/replace orders would count as
separate orders with

limited exceptions is a reasonable and objective approach to
distinguish the orders of retail customers that are ``worked'' by a
broker from orders generated by algorithms used by more sophisticated
market participants.
    In addition, the Exchange believes that proposed changes to Rule
16.1 provide a more conservative order counting regime for Professional
order counting purposes that would identify more traders as
Professionals to which the Exchange's definition of Professional was
designed to apply and create a better competitive balance for all
participants on the Exchange, consistent with the Act. As the options
markets have evolved to become more electronic and more competitive,
the Exchange believes that the distinction between registered broker-
dealers and professional traders who are currently treated as public
customers has become increasingly blurred. More and more, the category
of public customer today includes sophisticated algorithmic traders
including former market makers and hedge funds that trade with a
frequency resembling that of broker-dealers. The Exchange believes that
it is reasonable under the Act to treat those customers who meet the
high level of trading activity established in the proposal differently
than customers who do not meet that threshold and are more typical
retail investors to ensure that professional traders do not take
advantage of priority and/or fee benefits intended for public
customers. The Exchange notes that it is not unfair to differentiate
between different types of investors in order to achieve certain
marketplace balances. The Exchange's Rules currently differentiate
between Customers, Order Entry Firms, Market Makers, and the like.
    These differentiations have been recognized to be consistent with
the Act. The Exchange does not believe that the rules of the Exchange
or other exchanges that accord priority or fee benefits to public
customers over broker-dealers are unfairly discriminatory. Nor does the
Exchange believe that it is unfairly discriminatory to accord such
benefits to only those public customers who on average do not place
more than one order per minute (390 per day) under the counting regime
that the Exchange proposes. The Exchange believes that such
differentiations drive competition in the marketplace and are within
the business judgment of the Exchange. Accordingly, the Exchange also
believes that its proposal is consistent with the requirement of
Section 6(b)(8) \22\ of the Act that the rules of an exchange not
impose an unnecessary or inappropriate burden upon competition in that
it treats persons who should be deemed Professionals, but who may not
be so under current Rule 16.1(a)(46), in a manner so that they do not
receive special benefits. Furthermore, the Exchange believes that the
proposed rule change will protect investors and the public interest by
helping to assure that retail customers continue to receive the
appropriate marketplace advantages on the Exchange and in the
marketplace as intended, while furthering competition among marketplace
professionals by treating them in the same manner as other similarly
situated market participants. The Exchange believes that it is
consistent with Section 6(b)(5) \23\ of the Act not to afford market
participants with similar access to information and technology as that
of brokers and dealers of securities with marketplace advantages over
such marketplace competitors. The Exchange also believes that the
proposed rule change would help to remove burdens on competition and
promote a more competitive marketplace by affording certain marketplace
advantages only to those for whom they are intended. Finally, the
Exchange believes that the proposed rule change sets forth a more
detailed and clear regulatory regime with respect to calculating
average daily order entry for Professional order counting purposes. The
Exchange believes that this additional clarity and detail will
eliminate confusion among market participants, which is in the
interests of all investors and the general public.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b)(8).
    \23\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Based on the foregoing, the Exchange believes the proposal, which
establishes an objective methodology for counting average daily order
submissions for Professional order counting purposes, is consistent
with the Act.

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

    The Exchange does not believe that its proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
the proposed rule change will help ensure fairness in the marketplace
and promote competition among all market participants. The Exchange
believes that this proposal would help establish more competition among
market participants and promote the purposes for which the Exchange's
Professional rule was originally adopted. Moreover, the proposal would
ensure consistency and help to eliminate confusion as to the manner in
which options exchanges compute the Professional order volume.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \24\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\25\ A proposed rule
change filed under Rule 19b-4(f)(6) normally does not become operative
prior to 30 days after the date of filing.\26\ Rule 19b-4(f)(6)(iii),
however, permits the Commission to designate a shorter time if such
action is consistent with the protection of investors and the public
interest.\27\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \25\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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 Exchange has satisfied this requirement.
    \26\ 17 CFR 240.19b-4(f)(6)(iii).
    \27\ Id.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission notes that it has considered a
substantially similar proposed rule change filed by CBOE and PHLX which
it approved after a notice and comment period.\28\ This proposed rule
change does not raise any new or novel issues from those considered in
the CBOE and PHLX proposals. Based on the foregoing, the Commission
believes that it is consistent with the protection of investors and the
public interest to waive the 30-day operative delay and designate the
proposed rule

change as operative upon filing with the Commission.\29\
---------------------------------------------------------------------------

    \28\ See Securities Exchange Act Release Nos. 77450 (March 25,
2016) (Order Approving SR-CBOE-2016-005); 77449 (March 25, 2016), 81
FR 18665, (March 31, 2016) (Order Approving SR-Phlx-2016-10).
    \29\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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) of the Act \30\ to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-BatsEDGX-2016-28 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 BatsEDGX-2016-28. 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-BatsEDGX-2016-28, and should
be submitted on or before July 28, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
Brent J. Fields,
Secretary.
---------------------------------------------------------------------------

    \31\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2016-16111 Filed 7-6-16; 8:45 am]
 BILLING CODE 8011-01-P