[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Rules and Regulations]
[Page 45606-45607]
[DOCID:fr06au08-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0024; Airspace Docket No. 08-AGL-4]

Amendment of Class E Airspace; Black River Falls, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends Class E airspace at Black River Falls, WI.
Additional controlled airspace is necessary to accommodate aircraft
using new Area Navigation (RNAV) Global Positioning System (GPS)
Standard Instrument Approach Procedures (SIAPs) at Black River Falls
Area Airport. This action will enhance the safety and management of
Instrument Flight Rules (IFR) aircraft operations at Black River Falls
Area Airport, Black River Falls, WI.

DATES: Effective Dates: 0901 UTC September 25, 2008. Comments for
inclusion in the rules Docket must be received September 22, 2008. The
Director of the Federal Register approves this incorporation by
reference action under Title 1, Code of Federal Regulations, part 51,
subject to the annual revision of FAA Order 7400.9 and publication of
conforming amendments.

ADDRESSES: Send comments on this direct final rule to the U.S.
Department of Transportation, Docket Operations, 1200 New Jersey
Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC
20590-0001. You must identify the docket number FAA-2008-0024/Airspace
Docket No. 08-AGL-4, at the beginning of your comments. You may also
submit comments through the Internet at http://regulations.gov. You may
review the public docket containing the direct final rule, any comments
received, and any final disposition in person in the Dockets Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Office, telephone number 1-800-647-5527, is on the
ground floor of the building at the above address.

FOR FURTHER INFORMATION CONTACT: Gary A. Mallett, Central Service
Center, Operations Support Group, Federal Aviation Administration,
Southwest Region, Fort Worth, Texas 76193-0530; at telephone number
(817) 222-4949.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
Unless a written adverse or negative comment or a written notice of
intent to submit an adverse or negative comment is received within the
comment period, the regulation will become effective on the date
specified above. After the close of the comment period, the FAA will
publish a document in the Federal Register indicating that no adverse
or negative comments were received and confirming the effective date of
the rule. If the FAA receives, within the comment period, an adverse or
negative comment, or written comment notice of intent to submit such a
comment, a document withdrawing the direct final

rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. Comments that provide the factual
basis supporting the views and suggestions presented are particularly
helpful in developing reasoned regulatory decisions on the direct final
rule. Comments are specifically invited on the overall regulatory,
aeronautical, economic, environmental, and energy-related aspects of
the direct final rule. Commenters wishing the FAA to acknowledge
receipt of their comments on this rule must submit with those comments
a self-addressed, stamped postcard on which the following statement is
made: ``Comments to Docket No. FAA-2008-0024, Airspace Docket No. 08-
AGL-4.'' The postcard will be date/time stamped and returned to the
commenter. Communications should identify both docket numbers and be
submitted in triplicate to the address specified under the caption
ADDRESSES above or through the Web site. All communications received on
or before the closing date for comments will be considered, and this
rule may be amended or withdrawn in light of the comments received.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies Class E airspace at Black River Falls, WI, by
providing additional airspace required to support the new RNAV (GPS)
Runway 08 approach developed for IFR landings at Black River Falls Area
Airport. Controlled airspace extending upward from 700 feet above the
surface is required to encompass all SIAPs and for the safety of IFR
operations at Black River Falls Area Airport, Black River Falls, WI.
Designations for Class E airspace areas extending upward from 700 feet
above the surface of the earth are published in the FAA Order 7400.9R,
signed August 15, 2007 and effective September 15, 2007, which is
incorporated by reference in 14 CFR part 71.1. Class E designations
listed in this document will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implication
under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal since this is a routine matter
that will only affect air traffic procedures and air navigation. It is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49, of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
subtitle VII, Part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it provides additional controlled airspace at Black River Falls Area
Airport, WI.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designation and Reporting
Points, signed August 15, 2007, and effective September 15, 2007, is
amended as follows:

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

* * * * *

AGL WI E5 Black River Falls, WI [Amended]

Black River Falls Area Airport
    (Lat. 44[deg]15'03'' N., long. 90[deg]51'19'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Black River Falls Area Airport and
within 3.85 miles each side of the 260[deg] bearing from the Black
River Falls Area Airport extending from the 6.4-mile radius to 8.8
miles southwest of the airport.
* * * * *

    Issued in Fort Worth, TX, on July 3, 2008.
Richard H. Farrell, III,
Acting Manager, Operations Support Group, ATO Central Service Center.
 [FR Doc. E8-17559 Filed 8-5-08; 8:45 am]

BILLING CODE 4910-13-M


OCS Platform CWIS Information Page 1 12/ 1/ 2004 10: 11 AM Company: ChevronTexaco Prospect or Field Name: South Timbalier 37 OCS Lease and Block: OCS G 2625, ST37 Platform Name: ST37' J'

CWIS Information Requirements Platform Information Number of CWISs 1 Brief description of each CWIS ( e. g., sea chest, simple pipe) Simple Pipe Rough dimensions of each CWIS and indicate whether CWIS has existing flange 18" O. D.   no flange Screen type ( e. g., strainer, wedge wire) with mesh size No intake screen at pipe inlet, ½ " mesh screen at pump suction at 20ft below sea level Total daily maximum design water intake volume of each CWIS 1,728,000 gpd Total daily water intake volume of each CWIS ( set up/ drilling) < 1,728,000 gpd Total daily cooling water intake volume of each CWIS ( set up/ drilling) < 1,728,000 gpd Design through screen velocity of each CWIS ( i. e., Q = V * A) ( set up/ drilling) 1.7 fps List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). Engine cooling water.

List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). Engine cooling water.

List purposes of non cooling water intakes ( e. g., fire water, hotel loads) other than ballast water. Fire water Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake. None Mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures. None Mitigation measures for reducing exotic species migration through ballast water. None CWIS = Cooling Water Intake Structure OCS Platform CWIS Information Page 2 12/ 1/ 2004 10: 11 AM Company: ChevronTexaco Prospect or Field Name: Green Canyon 205 OCS Lease and Block: OCS G 5911, GC205 Platform Name: Genesis CWIS Information Requirements Platform Information Number of CWISs 2 Brief description of each CWIS ( e. g., sea chest, simple pipe) Simple pipe down 300ft below sea level.

Rough dimensions of each CWIS and indicate whether CWIS has existing flange 18" O. D. each, no flange Screen type ( e. g., strainer, wedge wire) with mesh size No screen, vertical slots ( est. 1" x 6")

Total daily maximum design water intake volume of each CWIS 5,900,000 gpd ( each pump)

Total daily water intake volume of each CWIS ( set up/ drilling) < 5,900,000 gpd Total daily cooling water intake volume of each CWIS ( set up/ drilling) < 5,900,000 gpd Design through screen velocity of each CWIS ( i. e., Q = V * A) ( set up/ drilling) 2.61 fps List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). Power generators, engine cooling, etc.

List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). Power generators, engine cooling, etc.

List purposes of non cooling water intakes ( e. g., fire water, hotel loads) other than ballast water. Fire water Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake. Unable to determine Mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures. None Mitigation measures for reducing exotic species migration through ballast water. None CWIS = Cooling Water Intake Structure OCS Platform CWIS Information Page 3 12/ 1/ 2004 10: 11 AM Company: CT Prospect or Field Name: Viosca Knoll 786 OCS Lease and Block: OCS G 12119, VK786 Platform Name: Petronius CWIS Information Requirements Platform Information Number of CWISs 3 Brief description of each CWIS ( e. g., sea chest, simple pipe) Simple pipe down to 270ft below sea level Rough dimensions of each CWIS and indicate whether CWIS has existing flange 10" inside a 24" casing, no flange Screen type ( e. g., strainer, wedge wire) with mesh size No screen, slots 1" x 6", no grill at the bottom. Total daily maximum design water intake volume of each CWIS 160,000 bwpd/ each pump ( x3 pumps)

Total daily water intake volume of each CWIS ( set up/ drilling) Normally two ( 2) pumps at 320,000 bwpd Total daily cooling water intake volume of each CWIS ( set up/ drilling) 2,940,000 gpd with the rest for water injection Design through screen velocity of each CWIS ( i. e., Q = V * A) ( set up/ drilling) 3.5 fps List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). Gas cooling after compression, water injection for secondary recovery, vacuum dehydration potable water List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). Gas cooling after compression, water injection for secondary recovery, vacuum dehydration potable water List purposes of non cooling water intakes ( e. g., fire water, hotel loads) other than ballast water. Firewater Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake. None Mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures. None Mitigation measures for reducing exotic species migration through ballast water. None CWIS = Cooling Water Intake Structure


[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Notices]
[Page 57579-57580]
[DOCID:fr03oc05-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP05-680-000]

Guardian Pipeline, L.L.C.; Notice of Tariff Filing

September 27, 2005.
    Take notice that on September 23, 2005, Guardian Pipeline, L.L.C.
(Guardian) tendered for filing as part of its FERC Gas Tariff, Original
Volume No. 1, Tenth Revised Sheet No. 5, to become effective November
1, 2005.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or

protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5410 Filed 9-30-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Proposed Rules]
[Pages 71061-71064]
[FR Doc No: 2010-29300]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0972]
RIN 1625-AA09

Drawbridge Operation Regulations; Bayou Liberty, Mile 2.0, St.
Tammany Parish, Slidell, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commander, Eighth Coast Guard District, has issued a
notice of proposed rulemaking to change the regulation governing the
operation of the S433 bridge over Bayou Liberty, mile 2.0, St. Tammany
Parish, Slidell, LA. It will allow the bridge to remain unmanned during
most of the day by requiring a two-hour notice for an opening of the
draw. This proposed rule change will be in conjunction with a temporary
deviation to test the rule change and allow for public comment.

DATES: Comments and related material must be received by the Coast
Guard on or before January 21, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0972 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Jim Wetherington; Bridge Administration Branch,
Eighth Coast Guard District, telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0972), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Keyword'' box insert ``USCG-2010-0972,''
click ``Search,'' and then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0972'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

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

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Jim Wetherington at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.

Basis and Purpose

    Due to a lack of required openings requested by mariners, the
bridge owner requested a modification of the regulation governing the
operation of the S433 bridge over Bayou Liberty, mile 2.0, St. Tammany
Parish, Slidell, LA. This change would allow for the bridge owner to
open the bridge for the passage of vessels while minimizing his
requirements to staff and maintain the bridge. The bridge has a
vertical clearance of 7.59 feet (2.31m) above the 2% flowline,
elevation 2.5 feet (0.76m) NAVD 1988 in the closed-to-navigation
position and unlimited in the open-to-navigation position. In
accordance with 33 CFR 469, the draw of the S433 Bridge, mile 2.0, at
Slidell, shall open on signal, except that between 7 p.m. and 7 a.m.,
the draw shall open on signal if at least two hours notice is given.

Discussion of Proposed Rule

    The owner is requesting a new regulation to open with two hours
notice because this will reduce the time that the owner is required to
maintain a bridge tender. After the study of the bridge logs, it was
shown that there was an average of less than one opening per month
which is a marked decrease from an average of 70 per month the previous
year. This is because the bridge for which the regulation was in place
(a pontoon bridge) no longer exists. With the completion of the new
bridge (a swing bridge), there is enough vertical clearance to require
very few bridge openings.

Regulatory Analyses

    We developed this proposed 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.

Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
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.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
    The public would need to notify the bridge owner of a required
opening two hours in advance rather than on signal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels needing to transit the bridge with less than 14-
days advance notice. There have been no requests for bridge openings in
several years so this proposed rule would not affect a substantial
number of small entities. Vessels that can safely transit under the
bridge may do so at any time. Before the effective period, we will
issue maritime advisories widely available to users of the river.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 e-mail Jim Wetherington; Bridge
Administration Branch, Eighth Coast Guard District, telephone 504-671-
2128, e-mail<EMAIL_ADDRESS>The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 (adjusted for
inflation) or more in any one year. Though this proposed 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 proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as
follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

    2. Sec.  117.469 is revised to read as follows:

Sec.  117.469  Liberty Bayou.

    The draw of the S433 Bridge, mile 2.0, at Slidell, shall open on
signal with a two hour notice.

    Dated: October 26, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2010-29300 Filed 11-19-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Notices]
[Pages 47229-47231]
[FR Doc No: 2016-17097]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78327; File No. SR-FINRA-2016-026]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change to Update Rule Cross-References and Make Non-
Substantive Technical Changes to Certain FINRA Rules

July 14, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 7, 2016, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by 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\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to update cross-references and make other non-
substantive changes within FINRA rules, due in part to the adoption of
a new consolidated FINRA rule.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    FINRA has been developing a consolidated rulebook (``Consolidated
FINRA Rulebook'').\4\ That process involves FINRA submitting to the
Commission for approval a series of proposed rule changes over time to
adopt rules in the Consolidated FINRA Rulebook. The phased adoption and
implementation of those rules necessitates periodic amendments to
update rule cross-references and other non-substantive changes in the
Consolidated FINRA Rulebook.
---------------------------------------------------------------------------

    \4\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
---------------------------------------------------------------------------

    The proposed rule change would make some of those changes, as well
as other non-substantive changes unrelated to the adoption of rules in
the Consolidated FINRA Rulebook.
    First, the proposed rule change would update rule cross-references
to reflect the adoption of a consolidated investment company securities
rule. On June 9, 2016, FINRA filed with the SEC a proposed rule change,
for immediate effectiveness, to adopt NASD Rule 2830 as FINRA Rule 2341
(Investment Company Securities), without any substantive changes. As
part of that rule filing, FINRA also deleted in its entirety NASD Rule
2830.\5\ Rule 2341 will be implemented on July 9, 2016. As such, the
proposed rule change would update references to the new rule number in
FINRA Rules 2320 (Variable Contracts of an Insurance Company) and 6630
(Applicability of FINRA Rules to Securities Previously Designated as
PORTAL Securities). The proposed rule change further would delete from
the FINRA Manual the heading for the NASD Rule 2800 Series (Special
Products) and the placeholder for NASD Rule 2870 (Reserved) to reflect
that the NASD Rule 2800 Series \6\ has fully been consolidated into the
FINRA rules.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 78130 (June 22,
2016), 81 FR 42016 (June 28, 2016) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2016-019).
    \6\ See supra note 5.

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

    Second, the proposed rule change would make technical changes to
FINRA Rules 6191 (Compliance with Regulation NMS Plan to Implement a
Tick Size Pilot Program) \7\ and 7440 (Recording of Order
Information)\8\ to reflect FINRA Manual style convention changes and
correct paragraph numbering. FINRA would also merge the Supplementary
Material in Rule 6191(a) with and into the Supplementary Material in
Rule 6191(b) to reflect FINRA Manual style convention.\9\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 77164 (February 17,
2016), 81 FR 9043 (February 23, 2016) (Order Approving File No. SR-
FINRA-2015-048); see also Securities Exchange Act Release No. 77218
(February 23, 2016), 81 FR 10290 (February 29, 2016) (Order
Approving File No. SR-FINRA-2015-047).
    \8\ See Securities Exchange Act Release No. 77164 (February 17,
2016), 81 FR 9043 (February 23, 2016) (Order Approving File No. SR-
FINRA-2015-048) and Securities Exchange Act Release No. 77523 (April
5, 2016), 81 FR 21427 (April 11, 2016) (Order Approving File No. SR-
FINRA-2016-006).
    \9\ See supra note 7.
---------------------------------------------------------------------------

    Finally, the proposed rule change would also delete from FINRA
Funding Portal Rule 100 the reference to FINRA Dispute Resolution, Inc.
to reflect the merger of FINRA Dispute Resolution, Inc. into and with
FINRA.\10\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 76670 (December 16,
2015), 80 FR 79632 (December 22, 2015) (Order Approving File No. SR-
FINRA-2015-034).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so that FINRA can implement the proposed rule
change to coincide with the effective dates of the affected rules. The
implementation date for the proposed changes to FINRA Rules 2320 and
6630, Funding Portal Rule 100, and the proposed deletion of the NASD
Rule 2800 Series heading and NASD Rule 2870 will be July 9, 2016. The
implementation date for the changes to FINRA Rules 6191 and 7440 will
be October 3, 2016 and August 1, 2016, respectively, to coincide with
the implementation date of the rules.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\11\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes the proposed rule change will provide
greater clarity to members and the public regarding FINRA's rules.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change brings
clarity and consistency to FINRA rules without adding any burden on
firms.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change 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 \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Under Rule 19b-4(f)(6) of the Act,\14\ the proposal does not become
operative for 30 days after the date of its filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. FINRA has requested that the
Commission waive the 30-day operative delay so that the proposed rule
change will become operative on filing. FINRA stated that the proposed
rule change updates cross-references and makes no substantive changes,
and it would like to implement the change to coincide with the
effective dates of the affected rules. For this reason, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Therefore, the
Commission designates the proposed rule change to be operative upon
filing.\15\
---------------------------------------------------------------------------

    \14\ Id.
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission also 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 the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2016-026 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-FINRA-2016-026. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of FINRA. 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-
FINRA-2016-026, and should be submitted on or before August 10, 2016.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016-17097 Filed 7-19-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Page 36400]
[FR Doc No: 2014-15124]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0498]

Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the South Park Highway Bridge across
the Duwamish Waterway, mile 3.8, at Seattle, Washington. The deviation
is necessary to accommodate the Grand Opening event of the South Park
Highway Bridge. This deviation allows the drawbridge to remain in the
closed position and need not open to marine traffic.

DATES: This deviation is effective from 3:30 p.m. on June 29, 2014 to
10 p.m. on June 29, 2014.

ADDRESSES: The docket for this deviation, [USCG-2014-0498] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven M. Fischer, Thirteenth
District Bridge Administrator, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The South Park Highway double bascule span
drawbridge replacement project has progressed to the point of
completion. The City of Seattle Department of Transportation (SDOT)
requested a change to the current deviation schedule under which the
bridge operates to hold a grand opening celebration scheduled for June
29, 2014. This new temporary deviation will allow the bridge to remain
in the closed position and need not open to marine traffic from 3:30
p.m. on June 29, 2014 to 10 p.m. on June 29, 2014 to accommodate the
event. The event will be attended by the public, plus local and
national dignitaries, as SDOT dedicates the new bridge and reopens a
historic and critical transportation link. Festivities will include a
parade across the bridge and a street party featuring music and other
performances, as well as food and drink vendors. Participants will be
able to walk across the bridge and tour its south tower. Currently the
bridge operates under a temporary deviation (USCG-2014-0237, 79 FR
21128, April 15, 2014) from 12:01 a.m. on March 30, 2014 to 11:59 p.m.
on September 1, 2014 to enable timely completion of the bridge
construction project. This deviation allows the drawbridge to remain
closed to mariners needing a full channel, double bascule leaf
drawbridge opening unless 12 hours advance notice is provided. Mariners
that only require a single leaf half channel drawbridge opening will be
given an opening upon signal. A draw tender will be present 24 hours a
day, 7 days week.
    The South Park Highway Double Bascule Bridge is located at Duwamish
Waterway, mile 3.8, in the city of Seattle, Washington, and provides
34.8 feet of vertical clearance above at center span while in the
closed position and 30 feet of vertical clearance at the extreme east
and west ends of the navigable channel and unlimited vertical clearance
with the bascule bridge in the fully open position. Vertical clearances
are referenced to mean high-water elevation (MHW). Horizontal clearance
is 128 feet. However, horizontal clearance may be restricted by
construction barges. As such, mariners are advised to consult the Local
Notice to Mariners for current conditions.
    Maritime traffic on this stretch of the Duwamish waterway consists
of vessels ranging from small pleasure craft, sailboats, small tribal
fishing boats, and commercial tug and tow, and mega yachts. Vessels
able to pass through the bridge in the closed positions may do so at
anytime but are advised to use caution as the area surrounding the
bridge has numerous construction craft and equipment in the water. The
bridge will not be able to open for emergencies and there is no
immediate alternate route for vessels to pass. The Coast Guard will
also inform the users of the waterways through our Local and Broadcast
Notices to Mariners of the change in operating schedule for the bridge
so that vessels can arrange their transits to minimize any impact
caused by the temporary deviation.
    The drawbridge must return to the current deviation operating
schedule (79 FR 21128, April 15, 2014) immediately at the end of the
effective period of this temporary deviation. This deviation from the
operating regulations is authorized under 33 CFR 117.35.

    Dated: June 12, 2014.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2014-15124 Filed 6-26-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Notices]
[Pages 39302-39303]
[FR Doc No: 2013-15646]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2013-0008; OMB No. 1660-0080]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before July 31, 2013.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: Application for Surplus Federal Real Property Public Benefit

Conveyance and BRAC Program for Emergency Management Use.
    OMB Number: 1660-0080.
    Type of information collection: Extension, without change, of a
currently approved information collection.
    Form Titles and Numbers: FEMA Form 119-0-1, Surplus Federal Real
Property Application for Public Benefit Conveyance.
    Abstract: Use of the Application for Surplus Federal Real Property
Public Benefit Conveyance and Base Realignment and Closure (BRAC)
Program for Emergency Management Use is necessary to implement the
processes and procedures for the successful, lawful, and expeditious
conveyance of real property from the Federal Government to public
entities such as State, local, county, city, town, or other like
government bodies, as it relates to emergency management response
purposes, including fire and rescue services. Utilization of this
application will ensure that properties will be fully positioned for
use at their highest and best potentials as required by GSA and
Department of Defense regulations, public law, Executive Orders, and
the Code of Federal Regulations.
    Affected Public: State, local, or Tribal Government.
    Estimated Number of Respondents: 100.
    Estimated Total Annual Burden Hours: 250 hours.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $16,010.00. There are no annual costs to respondents
operations and maintenance costs for technical services. There is no
annual start-up or capital costs. The cost to the Federal Government is
$2,107.92.

    Dated: June 20, 2013.
Charlene D. Myrthil,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2013-15646 Filed 6-28-13; 8:45 am]
BILLING CODE 9111-19-P


[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57135-57138]
[FR Doc No: 2019-23155]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87362; File No. SR-PEARL-2019-32]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange
Rule 521, Nullification and Adjustment of Options Transactions
Including Obvious Errors, Interpretation and Policy .01, and Exchange
Rule 530, Limit Up-Limit Down

October 18, 2019.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on October 16, 2019, MIAX PEARL, LLC (``MIAX
PEARL'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange is filing a proposal to amend Exchange Rule 521,
Nullification and Adjustment of Options Transactions Including Obvious
Errors, Interpretation and Policy .01, and Exchange Rule 530, Limit Up-
Limit Down, to make permanent certain options market rules that are
linked to the equity market Plan to Address Extraordinary Market
Volatility.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to make permanent
certain options market rules in connection with the equity market Plan
to Address Extraordinary Market Volatility (the ``Limit Up-Limit Down
Plan'' or the ``Plan''). This change is being proposed in connection
with the recently approved amendment to the Limit Up-Limit Down Plan
that allows the Plan to continue to operate on a permanent basis
(``Amendment 18'').\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019) (Order Approving Amendment No.
18).
---------------------------------------------------------------------------

    In an attempt to address extraordinary market volatility in NMS
Stock, and, in particular, events like the severe volatility on May 6,
2010, U.S. national securities exchanges and the Financial Industry
Regulatory Authority, Inc. (collectively, ``Participants'') drafted the
Plan pursuant to Rule 608 of Regulation NMS and under the Act.\4\ On
May 31, 2012, the Commission approved the Plan, as amended, on a one-
year pilot basis.\5\ Though the Plan was primarily designed for equity
markets, the Exchange believed it would, indirectly, potentially impact
the options markets as well. Thus, the Exchange has previously adopted
and amended Exchange Rule 521, Interpretation and Policy .01, and
Exchange Rule 530, to ensure the option markets were not harmed as a
result of the Plan's implementation and implemented such rules on a
pilot basis that has coincided with the pilot period for the Plan
(collectively, the ``Options Pilots'').\6\ Exchange Rule 530
essentially serves as a roadmap for the Exchange's universal changes
due to the implementation of the Plan and provides for trading halts
whenever a market-wide trading halt is initiated due to extraordinary
market conditions pursuant to the Plan. Exchange Rule 521,
Interpretation and Policy .01, provides that transactions executed
during a limit or straddle state are not subject to the obvious and
catastrophic error rules. A limit or

straddle state occurs when at least one side of the National Best Bid
(``NBB'') or Offer (``NBO'') bid/ask is priced at a non-tradable level.
Specifically, a straddle state exists when the NBB is below the lower
price band while the NBO is inside the price band or when the NBO is
above the upper price band and the NBB is within the band, while a
limit state occurs when the NBO equals the lower price band (without
crossing the NBB), or the NBB equals the upper price band (without
crossing the NBO).
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 64547 (May 25,
2011), 76 FR 31647 (June 1, 2011)(File No. 4-631).
    \5\ See Securities and Exchange Act Release No. 67091 (May 31,
2012) 77 FR 33498 (June 6, 2012).
    \6\ See Securities Exchange Act Release Nos. 81324 (August 7,
2017), 82 FR 37618 (August 11, 2017) (SR-PEARL-2017-33); 85571
(April 9, 2019), 84 FR 15263 (April 15, 2019)(SR-PEARL-2019-14).
---------------------------------------------------------------------------

    The Exchange adopted the Options Pilots to protect investors
because when an underlying security is in a limit or straddle state,
there will not be a reliable price for the security to serve as a
benchmark for the price of the option. Specifically, the Exchange
adopted Exchange Rule 521, Interpretation and Policy .01, because the
application of the obvious and catastrophic error rules would be
impracticable given the potential for lack of a reliable NBBO in the
options market during limit and straddle states. When adjusting or
busting a trade pursuant to the obvious error rule, the determination
of theoretical value of a trade generally references the NBB (for
erroneous sell transactions) or NBO (for erroneous buy transactions)
just prior to the trade in question, and is therefore not reliable when
at least one side of the NBBO is priced at a non-tradeable level, as is
the case in limit and straddle states. In such a situation, determining
theoretical value may often times be a very subjective rather than an
objective determination and could give rise to additional uncertainty
and confusion for investors. As a result, application of the obvious
and catastrophic error rules would be impracticable given the lack of a
reliable NBBO in the options market during limit and straddle states,
and may produce undesirable effects or unanticipated consequences.
    The Exchange adopted additional measures via other Options Pilot
rules that are designed to protect investors during limit and straddle
states. For example, the Exchange will reject market orders and not
elect stop orders \7\ during a Limit Up-Limit Down state to ensure that
only those orders with a limit price will be executed during a limit or
straddle state given the uncertainty of market prices during such a
state. Furthermore, the Exchange believes that eliminating the
application of obvious error rules during a limit or straddle state
eliminates the re-evaluation of a transaction executed during such a
state that could potentially create an unreasonable adverse selection
opportunity due to lack of a reliable reference price on one side of
the market or another and discourage participants from providing
liquidity during limit and straddle states, which is contrary to the
goal in limiting participants' adverse selection with the application
of the obvious error rule during normal trading states. For these
reasons, the Exchange believes the Options Pilots are designed to add
certainty on the options markets, which encourages more investors to
participate in light of the changes associated with the Plan. The Plan
was originally implemented on a pilot-basis in order to allow the
public, the participating exchanges, and the Commission to assess the
operation of the Plan and whether the Plan should be modified prior to
approval on a permanent basis. As stated, the Exchange adopted the
Option Pilots to coincide with this pilot; to continue the protections
therein while the industry gains further experience operating the Plan.
---------------------------------------------------------------------------

    \7\ This includes rules in connection with special handling for
market orders, market-on-close orders, stop orders, and stock-option
orders, as well as for certain electronic order handling features in
a Limit Up-Limit Down state, the obvious error rules, and providing
that the Exchange will not require Market-Makers to quote in series
of options when the underlying security is in a Limit Up-Limit Down
state.
---------------------------------------------------------------------------

    In connection with the order approving the establishment of the
obvious error pilot, as well as the extensions of the obvious error
pilot, the Exchange committed to submit monthly data regarding the
program and to submit an overall analysis of the obvious error pilot in
conjunction with the data submitted under the Plan and any other data
as requested by the Commission. Pursuant to the Exchange's Form 1
Application for approval as a national securities exchange, approved by
the Commission on December 13, 2016, each month since February of 2017,
the Exchange committed to provide the Commission, and the public, a
dataset containing the data for each straddle and limit state in
optionable stocks that had at least one trade on the Exchange.\8\ The
Exchange has continued to provide the Commission with this data on a
monthly basis since February 2017. For each trade on the Exchange, the
Exchange provides (a) the stock symbol, option symbol, time at the
start of the straddle or limit state, an indicator for whether it is a
straddle or limit state, and (b) for the trades on the Exchange, the
executed volume, time-weighted quoted bid-ask spread, time-weighted
average quoted depth at the bid, time-weighted average quoted depth at
the offer, high execution price, low execution price, number of trades
for which a request for review for error was received during straddle
and limit states, an indicator variable for whether those options
outlined above have a price change exceeding 30% during the underlying
stock's limit or straddle state compared to the last available option
price as reported by OPRA before the start of the limit or straddle
state. In addition, to help evaluate the impact of the pilot program,
the Exchange has provided to the Commission, and the public,
assessments relating to the impact of the operation of the obvious
error rules during limit and straddle states including: (1) An
evaluation of the statistical and economic impact of limit and straddle
states on liquidity and market quality in the options markets, and (2)
an assessment of whether the lack of obvious error rules in effect
during the straddle and limit states are problematic. The Exchange has
concluded that the Options Pilots do not negatively impact market
quality during normal market conditions,\9\ and that there has been
insufficient data to assess whether a lack of obvious error rules is
problematic, however, the Exchange believes the continuation of
Exchange Rule 521, Interpretation and Policy .01 functions to protect
against any unanticipated consequences in the options markets during a
limit or straddle state and add certainty on the options markets.
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    \8\ See Securities Exchange Act Release No. 79543 (December 13,
2016), 81 FR 92901 (December 20, 2016)(In the Matter of the
Application of MIAX PEARL, LLC for Registration as a National
Securities Exchange); see also MIAX PEARL Form 1 Application,
Exhibit E, Section E; MIAX PEARL, LULD Pilot Reports, available at
https://www.miaxoptions.com/pilot-reports.
    \9\ See also MIAX PEARL, LULD Pilot Reports, available at
https://www.miaxoptions.com/pilot-reports. During the most recent
Review Period the Exchange did not receive any obvious error review
requests for Limit-Up-Limit Down trades, and Limit Up-Limit Down
trade volume accounted for nominal overall trade volume.
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    The Commission recently approved the Plan on a permanent basis
(Amendment 18).\10\ In connection with this approval, the Exchange now
proposes to amend Exchange Rule 521, Interpretation and Policy .01, and
Exchange Rule 530 that currently implement the provisions of the Plan
on a pilot basis to eliminate the pilot basis, which effectiveness
expires on October 18, 2019, and to make such rules permanent. In its
approval order to make the Plan permanent, the Commission recognized
that, as a result of the Participants' and industry analysis of the
Plan's operation, the

Limit Up-Limit Down mechanism effectively addresses extraordinary
market volatility. Indeed, the Plan benefits markets and market
participants by helping to ensure orderly markets, but also, the
Exchange believes, based on the data made available to the public and
the Commission during the pilot period, that the obvious error pilot
does not negatively impact market quality during normal market
conditions.\11\ Rather, the Exchange believes the obvious error pilot
functions to protect against any unanticipated consequences in the
options markets during a limit or straddle state and add certainty on
the options markets. The Exchange also believes the other Options
Pilots rules provide additional measures designed to protect investors
during limit and straddle states. For example, the Exchange will reject
market orders and not elect stop orders \12\ during a Limit Up-Limit
Down state to ensure that only those orders with a limit price will be
executed during a limit or straddle state given the uncertainty of
market prices during such a state. This removes impediments to and
perfects the mechanism of a free and open market and national market
system by encouraging more investors to participate in light of the
changes associated with the Plan. The Exchange believes that if
approved on a permanent basis, the Options Pilots would permanently
provide investors with the above-described additional certainty of
market prices and mitigation of unanticipated consequences and
unreasonable adverse selection risk during limit and straddle states.
---------------------------------------------------------------------------

    \10\ See supra note 3.
    \11\ See supra note 9.
    \12\ See supra note 7.
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    The Exchange understands that the other national securities
exchanges will also file similar proposals to make permanent their
respective pilot programs. Since the Commission's approval of Amendment
18 allowing the Plan to operate on a permanent basis, the Exchange and
other national securities exchanges have determined that no further
amendments should be made to the Options Pilots; \13\ the current
Options Pilots effectively address extraordinary market volatility, are
reasonably designed to comply with the requirements of the Plan,
facilitate compliance with the Plan and should now operate on a
permanent basis, consistent with the Plan. The Exchange does not
propose any substantive or additional changes to Exchange Rule 521,
Interpretation and Policy .01, or Exchange Rule 530.
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    \13\ See Securities Exchange Act Release No. 85571 (April 9,
2019), 84 FR 15263 (April 15, 2019) (SR-PEARL-2019-14).
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    The Exchange also proposes to amend Exchange Rule 530 to remove the
following sentence from the first paragraph: ``The Exchange will
provide the Commission with data and analysis during the duration of
this pilot as requested.'' The purpose of this proposed change is to
further align the Exchange's Limit Up-Limit Down rules with competing
options exchanges that have proposed rules consistent with this
proposal. For example, Cboe Exchange, Inc. (``Cboe'') removed a similar
provision in a 2015 rule filing \14\ and continued to provide the
Commission, and the public, each month with a dataset containing the
data for each straddle and limit state in optionable stocks that had at
least one trade on the Exchange.
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    \14\ See Securities Exchange Act Release No. 74898 (May 7,
2015), 80 FR 27354 (May 13, 2015 (SR-CBOE-2015-039) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Nullification and Adjustment of Options Transactions
Including Obvious Errors).
---------------------------------------------------------------------------

    Additionally, the proposed changes would align the Exchange's rules
with the similar rule by Cboe.\15\
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    \15\ See Securities Exchange Act Release No. 87311 (October 15,
2019)(SR-CBOE-2019-049) (Notice of Filing of Amendment No. 2 and
Order Granting Accelerated Approval of a Proposed Rule Change, as
Modified by Amendment Nos. 1 and 2, to Make Permanent Certain
Options Market Rules That Are Linked to the Equity Market Plan to
Address Extraordinary Market Volatility).
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2. Statutory Basis
    MIAX PEARL believes the proposed rule change is consistent with the
Act and the rules and regulations thereunder applicable to the Exchange
and, in particular, the requirements of Section 6(b) of the Act.\16\
Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \17\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \18\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
    \18\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed rule changes
support the objectives of perfecting the mechanism of a free and open
market and the national market system because they promote transparency
and uniformity across markets concerning rules for options markets
adopted to coincide with the Plan. The Exchange believes that
eliminating the pilot basis for the Options Pilots and making such
rules permanent facilitates compliance with the Plan by adding
certainty to the markets during periods of market volatility, which has
been approved and found by the Commission to be reasonably designed to
prevent potentially harmful price volatility in NMS Stocks. It has been
determined by the Commission that the Plan benefits markets and market
participants by helping to ensure orderly markets, and, based on the
data made available to the public and the Commission during the pilot
period for Exchange Rule 521, Interpretation and Policy .01, the Plan
does not negatively impact options market quality during normal market
conditions. Rather, the Plan, as it is implemented under the obvious
error pilot, functions to protect against any unanticipated
consequences in the options markets during a limit or straddle state
and add certainty on the options markets. During a limit or straddle
state, determining theoretical value of an option may be a subjective
rather than an objective determination given the lack of a reliable
NBBO, which may create an unreasonable adverse selection opportunity
and discourage participants from providing liquidity during limit and
straddle states. Therefore, the Exchange believes eliminating obvious
error review in such states would, in turn, eliminate uncertainty and
confusion for investors and benefit investors by encouraging more
participation in light of the changes associated with the Plan. As
stated, the Exchange believes the other Options Pilots rules provide
additional measures designed to protect investors during limit and
straddle states. For example, the Exchange will reject market orders
and not elect stop orders \19\ during a Limit Up-Limit Down state to
ensure that only those orders with a limit price will be executed
during a limit or straddle state given the uncertainty of market prices
during such a state. Accordingly, the Exchange believes that making the
Options Pilots permanent will further the goals of investor protection
and fair and orderly

markets as the rules effectively address extraordinary market
volatility pursuant to the Plan.
---------------------------------------------------------------------------

    \19\ See supra note 7.
---------------------------------------------------------------------------

    Further, the Exchange believes that the proposed rule change to
remove text in the first paragraph of Exchange Rule 530 regarding the
Exchange providing the Commission with data and analysis during the
duration of the pilot as requested supports the objectives of
perfecting the mechanism of a free and open market and the national
market system because it furthers aligns the Exchange's Limit Up-Limit
Down rules with competing options exchanges.\20\
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    \20\ See supra note 14.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
necessary to reflect that the Plan no longer operates as a pilot and
has been approved to operate on a permanent basis by the Commission. As
such, Exchange Rule 521, Interpretation and Policy .01 and Exchange
Rule 530, which implement protections in connection with the Plan,
should be amended to operate on a permanent basis. The Exchange
understands that the other national securities exchanges will also file
similar proposals to make permanent their respective pilot programs.
Thus, the proposed rule change will help to ensure consistency across
market centers without implicating any competitive issues.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change 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 \21\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\22\
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    \21\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \22\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \23\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \24\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become effective and operative immediately upon filing.
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the current Options Pilots to continue on a permanent
basis without any changes, prior to the pilot expiration on October 18,
2019. For this reason, the Commission hereby waives the 30-day
operative delay and designates the proposed rule change as operative
upon filing.\25\
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    \23\ 17 CFR 240.19b-4(f)(6).
    \24\ 17 CFR 240.19b-4(f)(6)(iii).
    \25\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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 the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-PEARL-2019-32 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-PEARL-2019-32. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-PEARL-2019-32 and should be submitted on
or before November 14, 2019.
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    \26\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-23155 Filed 10-23-19; 8:45 am]
 BILLING CODE 8011-01-P