[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Pages 63547-63548]
[FR Doc No: 2013-24914]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70713; SR-NYSE-2013-21; SR-NYSEMKT-2013-25]

Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
MKT LLC; Notice of Designation of Longer Period for Commission Action
on Proceedings To Determine Whether To Disapprove Proposed Rule
Changes, as Modified by Amendment Nos. 1, Amending NYSE Rule 104 and
NYSE MKT Rule 104--Equities to Codify Certain Traditional Trading Floor
Functions That May Be Performed by Designated Market Makers, To Make
Exchange Systems Available to DMMs That Would Provide DMMs With Certain
Market Information, To Amend the Exchanges' Rules Governing the Ability
of DMMs To Provide Market Information To Floor Brokers, and To Make
Conforming Amendments to Other Rules

October 18, 2013.
    On April 9, 2013, the New York Stock Exchange LLC (``NYSE'') and
NYSE MKT LLC (``NYSE MKT'') (collectively, the ``Exchanges'') each
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act

of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ proposed rule
changes (``Proposals'') to amend certain of their respective rules
relating to Designated Market Makers (``DMMs'') \3\ and floor brokers.
The SRO Proposals were published for comment in the Federal Register on
April 29, 2013.\4\ The Commission received two comment letters on the
NYSE proposal.\5\ On June 11, 2013, the Commission extended to July 26,
2013 the period in which to approve, disapprove, or institute
proceedings to determine whether to disapprove the Proposals.\6\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See NYSE Rule 98(b)(2). ``DMM unit'' means any member
organization, or division or department within an integrated
proprietary aggregation unit of a member organization that (i) has
been approved by NYSE Regulation pursuant to section (c) of NYSE
Rule 98, (ii) is eligible for allocations under NYSE Rule 103B as a
DMM unit in a security listed on NYSE, and (iii) has met all
registration and qualification requirements for DMM units assigned
to such unit. The term ``DMM'' means any individual qualified to act
as a DMM on the Floor of the Exchange under NYSE Rule 103. See also
NYSE MKT Equities Rule 2(i). NYSE MKT Rule 2(i) defines the term
``DMM'' to mean an individual member, officer, partner, employee or
associated person of a DMM unit who is approved by the Exchange to
act in the capacity of a DMM. NYSE MKT Equities Rule 2(j) defines
the term ``DMM unit'' as a member organization or unit within a
member organization that has been approved to act as a DMM unit
under NYSE MKT Equities Rule 98.
    \4\ See Securities Exchange Act Release Nos. 69427 (April 23,
2013), 78 FR 25118 (SR-NYSE-2013-21) (``NYSE Notice''); 69428 (April
23, 2013), 78 FR 25102 (SR-NYSEMKT-2013-25). On April 18, 2013, the
Exchanges each filed Partial Amendment No. 1 to the Proposals. The
purpose of the amendment was to file the Exhibit 3, which was not
included in the April 9, 2013 filings.
    \5\ See Letter to Elizabeth M. Murphy, Secretary, Commission,
from Daniel Buenza, Lecturer in Management, London School of
Economics and Yuval Millo, Professor of Social Studies of Finance,
University of Leicester, dated May 20, 2013 (``LSE Letter I'');
Letter to Commission, from James J. Angel, Ph.D., CFA, Associate
Professor of Finance, Georgetown University, McDonough School of
Business, dated May 14, 2013 (``Angel Letter''). Although the
comment letters addressed only the NYSE proposal, the NYSE and NYSE
MKT proposals are essentially identical for relevant purposes.
    \6\ See Securities Exchange Act Release No. 69736, 78 FR 36284
(June 17, 2013) (SR-NYSE-2013-21); Release No. 69733, 78 FR 36284
(SR-NYSEMKT-2012-25) (June 17, 2013).
---------------------------------------------------------------------------

    On July 26, 2013, the Commission instituted proceedings to
determine whether to approve or disapprove the Proposals.\7\ The
Commission thereafter received one comment letter on the NYSE
proposal.\8\ NYSE Euronext, on behalf of the Exchanges, submitted a
response letter on September 5, 2013.\9\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 70047, 78 FR 46661
(August 1, 2013) (``Order Instituting Proceedings'').
    \8\ See Letter to Elizabeth M. Murphy, Secretary, Commission,
from Daniel Buenza, Lecturer in Management, London School of
Economics and Yuval Millo, Professor of Social Studies of Finance,
University of Leicester, dated August 22, 2013 (``LSE Letter II'').
    \9\ See Letter to Elizabeth M. Murphy, Secretary, Commission,
from Janet McGinness, Executive Vice President and Corporate
Secretary, NYSE Euronext, dated September 5, 2013.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \10\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the Federal Register publishes notice of the proposed rule change,
unless the Commission determines that a longer period is appropriate
and publishes the reasons for this determination, in which case the
Commission may extend the period for issuing an order approving or
disapproving the proposed rule change by not more than 60 days. The
proposed rule changes were published for notice and comment in the
Federal Register on April 29, 2013. October 26, 2013 is 180 days from
that date, and December 25, 2013 (which is a Federal holiday) is an
additional 60 days from that date.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the Proposals
so that the Commission has sufficient time to consider the Proposals,
the issues raised in the comment letters that have been submitted in
connection with the Proposals, and the response to these issues in the
NYSE Euronext response letter. Accordingly, the Commission, pursuant to
Section 19(b)(2) of the Act,\11\ designates December 24, 2013, as the
date by which the Commission must either approve or disapprove the
proposed rule changes SR-NYSE-2013-21 and SR-NYSEMKT-2013-25.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).
    \12\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24914 Filed 10-23-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Rules and Regulations]
[Pages 69622-69632]
[FR Doc No: 2011-29015]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2011-0109]
RIN 1625-AA08; AA00

Special Local Regulations and Safety Zones; Recurring Events in
Captain of the Port Boston Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending special local regulations (SLR)
and establishing permanent safety zones in the Coast Guard Sector
Boston Captain of the Port (COTP) Zone for annually recurring marine
events. The revised SLRs and safety zones are implemented to reduce
administrative overhead, expedite public notification of events, and to
ensure the protection of the maritime public and event participants
from the hazards associated with firework displays, boat races, and
other marine events.

DATES: This rule is effective December 9, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0109 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0109 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m.

and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mark Cutter of the Waterways Management Division, U.S.
Coast Guard Sector Boston; telephone<PHONE_NUMBER>, email
<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:

Regulatory Information

    On June 28, 2011, we published a notice of proposed rulemaking
(NPRM) entitled: Special Local Regulations and Safety Zones; Recurring
Events in Captain of the Port Boston Zone, in the Federal Register (76
FR 37690). We did not receive any comments on the proposed rule. No
public meeting was requested, and none was held.

Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1226, 1231, 1233; 46
U.S.C. Chapter 454, 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law
107-295, 116 Stat. 2064; and Department of Homeland Security Delegation
No. 0170.1, which collectively authorize the Coast Guard to define
regulatory safety zones and SLRs.
    Marine events are annually held on a recurring basis on the
navigable waters within the Coast Guard COTP Boston Zone. These events
include fireworks displays, swim events, and other marine events. In
the past, the Coast Guard has established SLRs, regulated navigation
areas, and safety zones for these events individually to ensure the
protection of the maritime public and event participants from the
hazards associated with these marine events. Issuing individual
regulations annually has proved to be administratively cumbersome.
    This rule will significantly relieve administrative overhead and
consistently apprise the public in a timely manner through permanent
publication in Title 33 of the Code of Federal Regulations. The Tables
in this regulation list each recurring marine event requiring a
regulated area as administered by the Coast Guard.
    By establishing a permanent regulation containing these events, the
Coast Guard will eliminate the need to establish temporary rules for
events that occur on an annual basis. This limits the unnecessary
burden of continually establishing temporary rules every year.
    This rulemaking amends, removes, and adds regulations that better
meet the Coast Guard's intended purpose of ensuring safety during these
events.
    The Coast Guard has also identified a number of events in 33 CFR
part 100 which would be more appropriately located in 33 CFR part 165.
This rule amends local regulations contained in 33 CFR part 100 to move
firework displays to part 165, a citation that better meets the Coast
Guard's intended purpose of ensuring safety during these events.
    The Coast Guard has promulgated safety zones or SLRs for these
areas in the past, and has not received public comments or concerns
regarding the impact to waterway traffic from these annually recurring
events.

Background

    The Coast Guard is revising section 33 CFR 100.114, and adding
sections 33 CFR 100.130, and 33 CFR 165.118. The changes remove nine
outdated regulated areas and establish 43 new permanent regulated
areas. The rule applies to each recurring marine event listed in the
attached TABLES in the Coast Guard COTP Boston Zone. The TABLES provide
the event name, sponsor, and type, as well as approximate dates and
locations of the events. Notifications will be made to the local
maritime community through the Local Notice to Mariners and/or
Broadcast Notice to Mariners well in advance of the events. If the
event does not have a date listed, then exact dates and times of the
enforcement period will be announced through a Notice of Enforcement in
the Federal Register.
    The particular size of the safety zones established for each event
will be reevaluated on an annual basis in accordance with Navigational
and Vessel Inspection Circular (NVIC) 07-02, Marine Safety at Firework
Displays, the National Fire Protection Association Standard 1123, Code
for Fireworks Displays (70-foot distance per inch of diameter of the
fireworks mortars), and other pertinent regulations and publications.
    This regulation prevents persons and vessels from transiting areas
specifically designated as SLRs or safety zones during the periods of
enforcement to ensure the protection of the maritime public and event
participants from the hazards associated with listed marine events.
Only event sponsors, designated participants, and official patrol
vessels will be allowed to enter safety zones and SLR areas. Spectators
and other vessels not registered as event participants may not enter
the regulated areas without the permission of the COTP or the
designated representatives.
    All persons and vessels shall comply with the instructions of the
COTP Boston or the designated on-scene representative. Entering into,
transiting through, mooring or anchoring within the regulated areas is
prohibited unless authorized by the COTP Boston or the designated on
scene representative.

Discussion of Comments and Changes

    We did not receive any comments to the proposed rule.

Regulatory Analyses

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

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: vessels will only be
restricted from safety zones and SLR areas for a short duration of time
unless otherwise noted; vessels may transit in portions of the affected
waterway except for those areas covered by the safety zones; the Coast
Guard has promulgated safety zones or SLRs in accordance with 33 CFR
parts 100 and 165 for all event areas in the past and has not received
notice of any negative impact caused by any of the safety zones or
SLRs. Reasonable notifications will also be made by Local Notice to
Mariners (LNM) and Broadcast Notice to Mariners (BNM) well in advance
of the events.
    The effect of this action simply establishes locations or the
approximate dates on which the existing regulations would be enforced
and consolidates them within one regulation. No new or additional
restrictions would be imposed on vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently

owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: owners or operators of vessels intending to
transit, fish, or anchor in the areas where marine events are being
held. For the reasons outlined above, this rule would not have a
significant impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding this rule so that they can
better evaluate its effects on them and participate in the rulemaking.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-(888) 734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

Taking of Private Property

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1,
paragraphs (34)(g) and (h), of the Instruction. This rule involves the
establishment of safety zones and special local regulations in support
of marine events. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

Sec.  100.114  [Amended]

0
2. Remove the following entries in the ``Fireworks Display Table'' in
33 CFR 100.114 (along with the associated ``Massachusetts'' titles):
0
a. 100.114(5.1) including the Table heading for ``MAY'';
0
b. 100.114(7.6);
0
c. 100.114(7.7);
0
d. 100.114(7.9);
0
e. 100.114(7.178);
0
f. 100.114(7.23);
0
g. 100.114(8.7);
0
h. 100.114(9.1); and
0
i. 100.114(12.1).

0
3. Add Sec.  100.130 to read as follows:

Sec.  100.130  Special Local Regulations; Recurring Annual Marine
Events in Sector Boston Captain of the Port Zone

    This section applies to the marine events listed in Table 1 of this
section. The regulations in this section will be enforced for the
duration of each event, on or about the dates indicated in Table 1 of
this section. Annual notice of the exact dates and times of the
effective period of the regulations in this section with respect to
each event, the geographical description of each regulated area, and
details concerning the nature of the event and the number of
participants and type(s) of vessels involved will be provided to the
local maritime community through the Local Notice to Mariners and/or
Broadcast Notice to Mariners well in advance of the events. If the
event does not have a date listed, then the exact dates and times of
the enforcement will be announced through a Notice of Enforcement in
the Federal Register. Mariners should consult the Federal Register or
their LNM to remain apprised of minor schedule or event changes. First
Coast Guard District LNM can be found at: http://www.navcen.uscg.gov/.
The Sector Boston Marine Events schedule can also be viewed
electronically at http://www.homeport.uscg.mil. Although listed in the
Code of Federal Regulations, sponsors of events listed in Table 1 of
this section are still required to submit a marine event permit
application in accordance with 33 CFR 100.15.
    (a) The Coast Guard may patrol each event area under the direction
of a designated Coast Guard Patrol Commander (PATCOM). PATCOM may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM.''
Official patrol vessels may consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the Captain of the Port, Sector Boston.
    (b) Vessels may not transit the regulated areas without PATCOM
approval. Vessels permitted to transit must operate at a no wake speed,
in a manner which will not endanger participants or other crafts in the
event.
    (c) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through LNM, unless authorized by an official patrol
vessel.
    (d) PATCOM may control the movement of all vessels in the regulated
area. When hailed or signaled by an official patrol vessel, a vessel
shall come to an immediate stop and comply with the lawful directions
issued. Failure to comply with a lawful direction may result in
expulsion from the area, citation for failure to comply, or both.
    (e) PATCOM may delay or terminate any marine event in this subpart
at any time it is deemed necessary to ensure the safety of life or
property. Such action may be justified as a result of weather, traffic
density, spectator operation or participant behavior.
    (f) For all power boat races listed, vessels operating within the
regulated area must be at anchor within a designated spectator area or
moored to a waterfront facility in a way that will not interfere with
the progress of the event.
    (g) For all regattas, boat parades, and rowing and paddling boat
races, vessels not associated with the event shall maintain a
separation of at least 50 yards from the participants.

                                 Table 1
------------------------------------------------------------------------

------------------------------------------------------------------------
3.0                                              MARCH
------------------------------------------------------------------------
3.1 Hull Snow Row............   Event Type: Rowing Regatta.
                                Sponsor: Hull Lifesaving Museum.
                                Date: A one-day event on
                                Saturday during the second weekend of
                                March, as specified in the USCG District
                                1 Local Notice to Mariners.
                                Time: 12:00 pm to 13:00 pm.
                                Location: All waters of Hingham
                                Bay, between Windmill Point and Sheep's
                                Island within the following points (NAD
                                83):
                                  42[deg]18.3' N, 070[deg]55.8' W.
                                  42[deg]18.3' N, 070[deg]55.3' W.
                                  42[deg]16.6' N, 070[deg]54.9' W.
                                  42[deg]16.6' N, 070[deg]56.0' W.
------------------------------------------------------------------------
6.0                                               JUNE
------------------------------------------------------------------------
6.1 Sea-Doo Regional            Event Type: PWC Race.
 Championships.                 Sponsor: Toyota.
                                Date: A two-day event on
                                Saturday and Sunday during the first
                                weekend of June, as specified in the
                                USCG District 1 Local Notice to
                                Mariners.
                                Time: 6:30 am to 5:00 pm daily.
                                Location: All waters of the
                                Atlantic Ocean near Salisbury Beach,
                                Salisbury, MA, within a 100-yard radius
                                of the race course site located at
                                position 42[deg]51.5' N, 070[deg]48.5' W
                                (NAD 83).
------------------------------------------------------------------------
8.0                                              AUGUST
------------------------------------------------------------------------
8.1 Haverhill River Run......   Event Type: Power Boat Race.
                                Sponsor: Crescent Yacht Club and
                                South Shore Outboard Association.
                                Date: A two-day event on
                                Saturday and Sunday during the last
                                weekend of August, as specified in the
                                USCG District 1 Local Notice to
                                Mariners.

                                Time: 12:00 pm to 5:00 pm.
                                Location: All waters of the
                                Merrimack River, between the Interstate
                                495 Highway Bridge, located at position
                                42[deg]46.1' N, 071[deg]07.2' W (NAD
                                83), and the Haverhill-Groveland SR97/
                                113 Bridge, located at position
                                42[deg]45.8' N, 071[deg]02.1' W (NAD
                                83).
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
5. Add Sec.  165.118 to read as follows:

Sec.  165.118  Safety Zones; Recurring Annual Events held in Coast
Guard Sector Boston Captain of the Port Zone.

    The Coast Guard is establishing safety zones for the events listed
in Table 1 of this section. These regulations in this section will be
enforced for the duration of each event, on or about the dates
indicated in Table 1 of this section. Annual notice of the exact dates
and times of the effective period of the regulations in this section
with respect to each event, the geographical description of each
regulated area, and details concerning the nature of the event and the
number of participants and type(s) of vessels involved will be made to
the local maritime community through the Local Notice to Mariners and/
or Broadcast Notice to Mariners well in advance of the events. If the
event does not have a date listed, then the exact dates and times of
the enforcement will be announced through a Notice of Enforcement in
the Federal Register. Mariners should consult the Federal Register or
their LNM to remain apprised of minor schedule or event changes. First
Coast Guard District LNM can be found at: http://www.navcen.uscg.gov/.
The Sector Boston Marine Events schedule can also be viewed
electronically at: http://www.homeport.uscg.mil. Although listed in the
Code of Federal Regulations, sponsors of events listed in Table 1 of
this section are still required to submit a marine event permit
application each year in accordance with 33 CFR 100.15.
    (a) The Coast Guard may patrol each event area under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.'' Official patrol vessels may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local law enforcement vessels assigned
or approved by the Captain of the Port, Sector Boston.
    (b) Vessels may not transit the regulated areas without Patrol
Commander approval. Vessels permitted to transit must operate at a no
wake speed, in a manner which will not endanger participants or other
crafts in the event.
    (c) Spectators or other vessels shall not anchor, block, loiter, or
impede the movement of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the LNM, unless authorized by an official
patrol vessel.
    (d) The Patrol Commander may control the movement of all vessels in
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel shall come to an immediate stop and comply with the
lawful directions issued. Failure to comply with a lawful direction may
result in expulsion from the area, citation for failure to comply, or
both.
    (e) The Patrol Commander may delay or terminate any marine event in
this subpart at any time it is deemed necessary to ensure the safety of
life or property. Such action may be justified as a result of weather,
traffic density, spectator operation or participant behavior.
    (f) For all fireworks displays listed below, the regulated area is
that area of navigable waters within a 350-yard radius of the launch
platform or launch site for each fireworks display, unless modified in
the LNM at: http://www.navcen.uscg.gov/.
    (g) For all swimming events listed, vessels not associated with the
event shall maintain a distance of at least 100 yards from the
participants.

                                 Table 1
------------------------------------------------------------------------

------------------------------------------------------------------------
6.0                                                    JUNE
------------------------------------------------------------------------
6.1 Sand and Sea Festival Fireworks....   Event Type: Fireworks
                                          Display.
                                          Sponsor: Salisbury
                                          Beach Partnership, Inc.
                                          Date: A one-night
                                          event on Saturday during the
                                          last weekend of June, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 10:00 pm to
                                          10:30 pm.
                                          Location: All waters
                                          of the Atlantic Ocean near
                                          Salisbury Beach within a 350-
                                          yard radius of the fireworks
                                          launch site located at
                                          position 42[deg]50.6' N,
                                          70[deg]48.4' W (NAD 83).
------------------------------------------------------------------------
6.2 St. Peter's Fiesta Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: St. Peters
                                          Fiesta.
                                          Date: A one-night
                                          event on Saturday during the
                                          last weekend of June, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8:00 pm to 10:00
                                          pm.
                                          Location: All waters
                                          of Gloucester Harbor, Stage
                                          Fort Park, within a 350-yard
                                          radius of the fireworks launch
                                          site on the beach located at
                                          position 42[deg]36.3' N,
                                          070[deg]40.5' W (NAD 83).
------------------------------------------------------------------------
6.3 Surfside Fireworks.................   Event Type: Fireworks
                                          Display.
                                          Sponsor: Salisbury
                                          Beach Partnership and Chamber
                                          of Commerce.
                                          Date: Every Saturday
                                          from June through September,
                                          as specified in the USCG
                                          District 1 Local Notice to
                                          Mariners.

                                          Time: 9:30 pm to 10:30
                                          pm.
                                          Location: All waters
                                          of the Atlantic Ocean near
                                          Salisbury Beach, MA, within a
                                          350-yard radius of the
                                          fireworks barge located at
                                          position 42[deg]50.6' N,
                                          070[deg]48.4' W (NAD 83).
------------------------------------------------------------------------
6.4 Cohasset Triathlon.................   Event Type: Swim.
                                          Sponsor: Bill Burnett.
                                          Date: A one-day event
                                          on Sunday during the last
                                          weekend of June, as specified
                                          in the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 08:30 am to
                                          10:00 am.
                                          Location: All waters
                                          in the vicinity of Cohasset
                                          Harbor around Sandy Beach,
                                          within the following points
                                          (NAD 83):
                                            42[deg]15.6' N,
                                             070[deg]48.1' W.
                                            42[deg]15.5' N,
                                             070[deg]48.1' W.
                                            42[deg]15.4' N,
                                             070[deg]47.9' W.
                                            42[deg]15.4' N,
                                             070[deg]47.8' W.
------------------------------------------------------------------------
7.0                                                    JULY
------------------------------------------------------------------------
7.1 City of Lynn 4th of July              Event Type: Firework
 Celebration Fireworks.                   Display.
                                          Sponsor: City of Lynn.
                                          Date: July 3rd, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 6:00 pm to 11:00
                                          pm.
                                          Location: All waters
                                          of Nahant Bay, within a 350-
                                          yard radius of the fireworks
                                          barge located at position
                                          42[deg]27.62' N,
                                          070[deg]55.58' W (NAD 83).
------------------------------------------------------------------------
7.2 Gloucester July 4th Celebration       Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: The
                                          Gloucester Fund.
                                          Date: July 3rd, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 10:30 pm to
                                          11:00 pm.
                                          Location: All waters
                                          of Gloucester Harbor, Stage
                                          Fort Park, within a 350-yard
                                          radius of the fireworks launch
                                          site on the beach located at
                                          position 42[deg]36.3' N,
                                          070[deg]40.5' W (NAD 83).
------------------------------------------------------------------------
7.3 Manchester by the Sea Fireworks....   Event Type: Fireworks
                                          Display.
                                          Sponsor: Manchester
                                          Parks and Recreation
                                          Department.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8:30 pm to 10:00
                                          pm.
                                          Location: All waters
                                          of Manchester Bay within a 350-
                                          yard radius of the fireworks
                                          launch site barge located at
                                          position 42[deg]35.03' N,
                                          070[deg]45.52' W (NAD 83).
------------------------------------------------------------------------
7.4 Weymouth 4th of July Celebration      Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Town of
                                          Weymouth 4th of July
                                          Committee.
                                          Date: Friday or
                                          Saturday during the first
                                          weekend before July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8:00 pm to 10:30
                                          pm.
                                          Location: All waters
                                          of Weymouth Fore River, within
                                          a 350-yard radius of the
                                          fireworks launch site located
                                          at position 42[deg]15.5' N,
                                          070[deg]56.1' W (NAD 83).
------------------------------------------------------------------------
7.5 Beverly 4th of July Celebration       Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Beverly
                                          Harbormaster.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:00 pm to 11:00
                                          pm.
                                          Location: All waters
                                          of Beverly Harbor within a 350-
                                          yard radius of the fireworks
                                          launch barge located at
                                          position 42[deg]32.62' N,
                                          070[deg]52.15' W (NAD 83).
------------------------------------------------------------------------
7.6 Beverly Farms 4th of July             Event Type: Fireworks
 Celebration Fireworks.                   Display.
                                          Sponsor: Farms-Pride
                                          4th of July Committee.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:00 pm to 9:30
                                          pm.
                                          Location: All waters
                                          of Manchester Bay within a 350-
                                          yard radius of the fireworks
                                          launch site near West Beach
                                          located at position
                                          42[deg]33.84' N, 070[deg]48.5'
                                          W (NAD 83).
------------------------------------------------------------------------

7.7 Boston Pops Fireworks..............   Event Type: Fireworks
                                          Display.
                                          Sponsor: Boston 4
                                          Celebrations.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8:30 pm to 11:00
                                          pm.
                                          Location: All waters
                                          of the Charles River within a
                                          350-yard radius of the
                                          fireworks barges located in
                                          the vicinity of position
                                          42[deg]21.47' N,
                                          071[deg]05.03' W (NAD 83).
------------------------------------------------------------------------
7.8 City of Salem Fireworks............   Event Type: Fireworks
                                          Display.
                                          Sponsor: City of
                                          Salem.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:00 pm to 10:00
                                          pm.
                                          Location: All waters
                                          of Salem Harbor, within a 350-
                                          yard radius of the fireworks
                                          launch site located on Derby
                                          Wharf at position
                                          42[deg]31.15' N,
                                          070[deg]53.13' W (NAD 83).
------------------------------------------------------------------------
7.9 Marblehead 4th of July Fireworks...   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Marblehead.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8:30 pm to 9:30
                                          pm.
                                          Location: All waters
                                          of Marblehead Harbor within a
                                          350-yard radius of the
                                          fireworks launch site located
                                          at position 42[deg]30.34' N,
                                          070[deg]50.13' W (NAD 83).
------------------------------------------------------------------------
7.10 Plymouth 4th of July Fireworks....   Event Type: Fireworks
                                          Display.
                                          Sponsor: July 4
                                          Plymouth, Inc.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:00 pm to 10:00
                                          pm.
                                          Location: All waters
                                          of Plymouth Harbor within a
                                          350-yard radius of the
                                          fireworks launch site located
                                          at position 42[deg]57.3' N,
                                          070[deg]38.3' W (NAD 83).
------------------------------------------------------------------------
7.11 Town of Nahant Fireworks..........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Nahant.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:00 pm to 11:00
                                          pm.
                                          Location: All waters
                                          of Nahant Harbor within a 350-
                                          yard radius of the fireworks
                                          launch site on Bailey's Hill
                                          Park located at position
                                          42[deg]25.1' N, 070[deg]55.8'
                                          W (NAD 83).
------------------------------------------------------------------------
7.12 Town of Revere Fireworks..........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Revere.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:00 pm to 11:00
                                          pm.
                                          Location: All waters
                                          of Broad Sound, within a 350-
                                          yard radius of the fireworks
                                          launch site located at Revere
                                          Beach at position 42[deg]24.5'
                                          N, 070[deg]59.47' W (NAD 83).
------------------------------------------------------------------------
7.13 Yankee Homecoming Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Yankee
                                          Homecoming.
                                          Date: A one-day event
                                          on Saturday during the last
                                          weekend of July or first
                                          weekend of August, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:00 pm to 10:00
                                          pm.
                                          Location: All waters
                                          of the Merrimack River, within
                                          a 350-yard radius of the
                                          fireworks launch site located
                                          at position 42[deg]48.97' N,
                                          070[deg]52.68' W (NAD 83).
------------------------------------------------------------------------
7.14 Hingham 4th of July Fireworks.....   Event Type: Fireworks
                                          Display.
                                          Sponsor: Hingham Lions
                                          Club.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8:00 pm to 10:00
                                          pm.
                                          Location: All waters
                                          within a 350-yard radius of
                                          the beach on Button Island
                                          located at position
                                          42[deg]15.07' N,
                                          070[deg]53.03' W (NAD 83).
------------------------------------------------------------------------

7.15 Ipswich Independence Day             Event Type: Fireworks
 Celebration Fireworks.                   Display.
                                          Sponsor: Trustees of
                                          the Foundation.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:00 pm to 10:00
                                          pm.
                                          Location: All waters
                                          of Ipswich Bay within a 350-
                                          yard radius of the beach
                                          located at position
                                          42[deg]41.43' N,
                                          070[deg]46.49' W (NAD 83).
------------------------------------------------------------------------
7.16 Salisbury Maritime Festival          Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Salisbury
                                          Beach Partnership, Inc.
                                          Date: A one-day event
                                          on Saturday during the third
                                          weekend of July, as specified
                                          in the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 10:00 pm to
                                          10:30 pm.
                                          Location: All waters
                                          of the Atlantic Ocean near
                                          Salisbury Beach within a 350-
                                          yard radius of the fireworks
                                          launch site located at
                                          position 42[deg]50.6' N,
                                          070[deg]48.4' W (NAD 83).
------------------------------------------------------------------------
7.17 Salisbury 4th of July Fireworks...   Event Type: Fireworks
                                          Display.
                                          Sponsor: Salisbury
                                          Chamber of Commerce.
                                          Date: July 4th, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:30 pm to 11:00
                                          pm.
                                          Location: All waters
                                          of the Atlantic Ocean near
                                          Salisbury Beach within a 350-
                                          yard radius of the fireworks
                                          launch site located at
                                          position 42[deg]50.6' N,
                                          070[deg]48.4' W (NAD 83).
------------------------------------------------------------------------
7.18 Charles River 1-Mile Swim.........   Event Type: Swim.
                                          Sponsor: Charles River
                                          Swimming Club, Inc.
                                          Date: A one-day event
                                          held on the second Sunday in
                                          July, as specified in the USCG
                                          District 1 Local Notice to
                                          Mariners.
                                          Time: 8:00 am to 9:00
                                          am.
                                          Location: All waters
                                          of Charles River between the
                                          Longfellow Bridge and the
                                          Harvard Bridge within the
                                          following points (NAD 83):
                                            42[deg]21.7' N,
                                             071[deg]04.8' W.
                                            42[deg]21.7' N,
                                             071[deg]04.3' W.
                                            42[deg]22.2' N,
                                             071[deg]07.3' W.
                                            42[deg]22.1' N,
                                             070[deg]07.4' W.
------------------------------------------------------------------------
7.19 Swim Across America Boston........   Event Type: Swim.
                                          Sponsor: Swim Across
                                          America.
                                          Date: A one-day event
                                          on Friday during the third
                                          week of July, as specified in
                                          the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 7:00 am to 3:00
                                          pm.
                                          Location: All waters
                                          of Boston Harbor between Rowes
                                          Warf and Little Brewster
                                          Island within the following
                                          points (NAD 83):
                                            42[deg]21.4' N,
                                             071[deg]03.0' W.
                                            42[deg]21.5' N,
                                             071[deg]02.9' W.
                                            42[deg]19.8' N,
                                             070[deg]53.6' W.
                                            42[deg]19.6' N,
                                             070[deg]53.4' W.
------------------------------------------------------------------------
7.20 Joppa Flats Open Water Mile.......   Event Type: Swim.
                                          Sponsor: Newburyport
                                          YMCA.
                                          Date: A one-day event
                                          on Saturday during the last
                                          week of July, as specified in
                                          the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 3:00 pm to 5:00
                                          pm.
                                          Location: All waters
                                          of the Merrimack River located
                                          in the Joppa Flats within the
                                          following points (NAD 83):
                                            42[deg]48.6' N,
                                             070[deg]50.9' W.
                                            42[deg]48.6' N,
                                             070[deg]49.4' W.
                                            42[deg]48.0' N,
                                             070[deg]49.4' W.
                                            42[deg]48.0' N,
                                             070[deg]57.0' W.
------------------------------------------------------------------------
7.21 Swim Across America Nantasket        Event Type: Swim.
 Beach.                                   Sponsor: Swim Across
                                          America.
                                          Date: A one-day event
                                          on Sunday during the third
                                          week of July, as specified in
                                          the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 7:00 am to 9:30
                                          am.
                                          Location: All waters
                                          of Massachusetts Bay near
                                          Nantasket Beach within the
                                          following points (NAD 83):
                                            42[deg]16.7' N,
                                             070[deg]51.9' W.
                                            42[deg]16.9' N,
                                             070[deg]51.3' W.
                                            42[deg]16.3' N,
                                             070[deg]50.5' W.
                                            42[deg]16.1' N,
                                             070[deg]51.0' W.
------------------------------------------------------------------------

8.0                                                   August
------------------------------------------------------------------------
8.1 Beverly Homecoming Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Beverly
                                          Harbormaster.
                                          Date: A one-day event
                                          on Sunday during the first
                                          weekend of August, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:00 pm to 11:00
                                          pm.
                                          Location: All waters
                                          of Beverly Harbor within a 350-
                                          yard radius of the fireworks
                                          barge located at position
                                          42[deg]32.62' N,
                                          070[deg]52.15' W (NAD 83).
------------------------------------------------------------------------
8.2 Celebrate Revere Fireworks.........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Revere.
                                          Date: A one-day event
                                          on Saturday during the first
                                          weekend of August, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:00 pm to 11:00
                                          pm.
                                          Location: All waters
                                          within a 350-yard radius of
                                          the fireworks launch site
                                          located at Revere Beach at
                                          position 42[deg]24.5' N,
                                          070[deg]59.47' W (NAD 83).
------------------------------------------------------------------------
8.3 Gloucester Fisherman Triathlon.....   Event Type: Swim.
                                          Sponsor: Gloucester
                                          Fisherman Athletic
                                          Association.
                                          Date: A one-day event
                                          on Sunday during the Second
                                          week of August, as specified
                                          in the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 7:30 am to 8:30
                                          am.
                                          Location: All waters
                                          of Western Harbor, within the
                                          following points (NAD 83):
                                            42[deg]36.6' N,
                                             070[deg]40.3' W.
                                            42[deg]36.5' N,
                                             070[deg]40.2' W.
                                            42[deg]36.4' N,
                                             070[deg]40.7' W.
                                            42[deg]36.5' N,
                                             070[deg]40.7' W.
------------------------------------------------------------------------
8.4 Urban Epic Triathlon...............   Event Type: Swim.
                                          Sponsor: Tri-Maine/
                                          Urban Epic Events.
                                          Date: A one-day event
                                          on Sunday during the second
                                          week of August, as specified
                                          in the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 7:00 am to 10:00
                                          am.
                                          Location: All waters
                                          of Dorchester Bay within the
                                          following points (NAD 83):
                                            42[deg]18.9' N,
                                             071[deg]02.0' W.
                                            42[deg]18.9' N,
                                             071[deg]01.8' W.
                                            42[deg]19.5' N,
                                             071[deg]01.8' W.
                                            42[deg]19.8' N,
                                             071[deg]02.2' W.
------------------------------------------------------------------------
8.5 Celebrate the Clean Harbor Swim....   Event Type: Swim.
                                          Sponsor: New England
                                          Marathon Swimming Association.
                                          Date: A one-day event
                                          on Saturday during the third
                                          week of August, as specified
                                          in the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 9:00 am to 12:00
                                          pm.
                                          Location: All waters
                                          of Gloucester Harbor within
                                          the following points (NAD 83):
                                            42[deg]35.3' N,
                                             070[deg]39.8' W.
                                            42[deg]35.9' N,
                                             070[deg]39.2' W.
                                            42[deg]35.9' N,
                                             070[deg]39.8' W.
                                            42[deg]35.3' N,
                                             070[deg]40.2' W.
------------------------------------------------------------------------
8.6 Boston Light Swim..................   Event Type: Swim.
                                          Sponsor: Boston Light
                                          Swim.
                                          Date: A one-day event
                                          on Sunday during the second
                                          week of August, as specified
                                          in the USCG District 1 Local
                                          Notice to Mariners.
                                          Time: 8:00 am to 1:00
                                          pm.
                                          Location: All waters
                                          of Boston Harbor between the L
                                          Street Bath House and Little
                                          Brewster Island within the
                                          following points (NAD 83):
                                            42[deg]19.7' N,
                                             071[deg]02.2' W.
                                            42[deg]19.9' N,
                                             071[deg]10.7' W.
                                            42[deg]19.8' N,
                                             070[deg]53.6' W.
                                            42[deg]19.6' N,
                                             070[deg]53.4' W.
------------------------------------------------------------------------
8.7 Sharkfest Swim.....................   Event Type: Swim.
                                          Sponsor: Enviro-Sports
                                          Productions, Inc.
                                          Date: A one-day event
                                          on Sunday during the last week
                                          of August, as specified in the
                                          USCG District 1 Local Notice
                                          to Mariners.
                                          Time: 10:00 am to
                                          12:00 pm.

                                          Location: All waters
                                          of Old Harbor from near
                                          Columbia Point to Carson Beach
                                          within the following points
                                          (NAD 83):
                                            42[deg]19.1' N,
                                             071[deg]02.2' W.
                                            42[deg]19.2' N,
                                             071[deg]01.9' W.
                                            42[deg]19.7' N,
                                             071[deg]02.8' W.
                                            42[deg]19.4' N,
                                             071[deg]02.9' W.
------------------------------------------------------------------------
9.0                                                 SEPTEMBER
------------------------------------------------------------------------
9.1 Gloucester Schooner Festival          Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Stage Fort
                                          Park Gloucester.
                                          Date: A one-day event
                                          on Saturday during the first
                                          weekend of September, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 7:00 pm to 11:00
                                          pm.
                                          Location: All waters
                                          of Gloucester Harbor within a
                                          350-yard radius of the launch
                                          site on the beach located at
                                          position 42[deg]36.3' N,
                                          070[deg]40.5' W (NAD 83).
------------------------------------------------------------------------
9.2 Plymouth Yacht Club Celebration       Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Plymouth
                                          Yacht Club.
                                          Date: A one-day event
                                          on Saturday during the first
                                          weekend of September, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 9:00 pm to 11:00
                                          pm.
                                          Location: All waters
                                          of Plymouth Harbor within a
                                          350-yard radius of the
                                          fireworks barge located at
                                          position 41[deg]22.3' N,
                                          070[deg]39.4' W (NAD 83).
------------------------------------------------------------------------
9.3 Somerville Riverfest Fireworks.....   Event Type: Fireworks
                                          Display.
                                          Sponsor: Federal
                                          Realty Investment Trust.
                                          Date: A one-day event
                                          on Saturday during the last
                                          weekend of September, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 7:30 pm to 10:00
                                          pm.
                                          Location: All waters
                                          of the Mystic River within a
                                          350-yard radius of the
                                          fireworks barge located at
                                          position 42[deg]23.9' N,
                                          071[deg]04.8' W (NAD 83).
------------------------------------------------------------------------
9.4 Mayflower Triathlon................   Event Type: Swim.
                                          Sponsor: Fast Forward
                                          Race Management.
                                          Date: A one-day event
                                          on Saturday during the first
                                          weekend of September, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 10:00 am to
                                          11:00 am.
                                          Location: All waters
                                          of Plymouth Inner Harbor
                                          within the following points
                                          (NAD 83):
                                            41[deg]58.3' N,
                                             070[deg]40.6' W.
                                            41[deg]58.7' N,
                                             070[deg]39.1' W.
                                            41[deg]56.8' N,
                                             070[deg]37.8' W.
                                            41[deg]57.1' N,
                                             070[deg]39.2' W.
------------------------------------------------------------------------
9.5 Plymouth Rock Triathlon............   Event Type: Swim.
                                          Sponsor: Fast Forward
                                          Race Management.
                                          Date: A one-day event
                                          on Sunday during the first
                                          weekend of September, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 7:00 am to 9:30
                                          am.
                                          Location: All waters
                                          of Plymouth Inner Harbor
                                          within the following points
                                          (NAD 83):
                                            41[deg]58.3' N,
                                             070[deg]40.6' W.
                                            41[deg]58.7' N,
                                             070[deg]39.1' W.
                                            41[deg]56.8' N,
                                             070[deg]37.8' W.
                                            41[deg]57.1' N,
                                             070[deg]39.2' W.
------------------------------------------------------------------------
9.6 Duxbury Beach Triathlon............   Event Type: Swim.
                                          Sponsor: Duxbury Beach
                                          Triathlon.
                                          Date: A one-day event
                                          on Saturday during the third
                                          weekend of September, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 08:30 am to
                                          09:30 am.
                                          Location: All waters
                                          of Duxbury Bay on the south
                                          side of the Powder Point
                                          Bridge within the following
                                          points (NAD 83):
                                            42[deg]02.8' N,
                                             070[deg]39.1' W.
                                            42[deg]03.0' N,
                                             070[deg]38.7' W.
                                            42[deg]02.8' N,
                                             070[deg]38.6' W.
                                            42[deg]02.7' N,
                                             070[deg]39.0' W.
------------------------------------------------------------------------

10.0                                                 OCTOBER
------------------------------------------------------------------------
10.1 Intercontinental Fireworks........   Event Type: Fireworks
                                          Display.
                                          Sponsor:
                                          Intercontinental Hotel.
                                          Date: A one-day event
                                          on Sunday during the last
                                          weekend of October, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 8:30 pm to 10:30
                                          pm.
                                          Location: All waters
                                          of Boston Inner Harbor within
                                          a 350-yard radius of the
                                          fireworks barge located at
                                          position 42[deg]21.2' N,
                                          071[deg]03' W (NAD 83).
------------------------------------------------------------------------
12.0                                                 DECEMBER
------------------------------------------------------------------------
12.1 First Night Boston Fireworks......   Event Type: Fireworks
                                          Display.
                                          Sponsor: First Night,
                                          Inc.
                                          Date: A one-day event
                                          on New Year's Eve, as
                                          specified in the USCG District
                                          1 Local Notice to Mariners.
                                          Time: 11:30 pm to
                                          12:30 am.
                                          Location: All waters
                                          of Boston Inner Harbor within
                                          a 350-yard radius of the
                                          fireworks barge located at
                                          position 42[deg]21.7' N,
                                          071[deg]02.6' W (NAD 83).
------------------------------------------------------------------------

    Dated: October 11, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2011-29015 Filed 11-8-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44677-44678]
[FR Doc No: 2017-20363]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81652; File No. SR-NYSEARCA-2017-108]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Its Rules
and the NYSE Arca Options Fees and Charges Schedule in Connection With
the Name Change of Its Affiliate NYSE MKT LLC to NYSE American LLC

September 19, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 8, 2017, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes, in connection with the name change of its
affiliate NYSE MKT LLC to NYSE American LLC, proposes [sic] to amend
its rules and the NYSE Arca Options Fees and Charges schedule (the
``Options Fee Schedule'').
    The proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange, in connection with the name change of its affiliate
NYSE MKT LLC (``NYSE MKT'') to NYSE American LLC (``NYSE American''),
proposes to amend its rules and the Options Fee Schedule.\4\
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    \4\ The Exchange originally filed the proposed changes on August
25, 2017 (SR-NYSEArca-2017-95), withdrew such changes on September
6, 2017 and refiled on the same day (SR-NYSEArca-2017-106). SR-
NYSEArca- 2017-106 was subsequently withdrawn on September 8, 2017
and replaced by this filing.
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Background
    On March 16, 2017, NYSE MKT filed rule changes with the Commission
in connection with its name change to NYSE American.\5\ In addition, on
May 19, 2017, NYSE MKT filed rule changes with the Commission
associated with the rebranding of NYSE Amex Options, the Exchange's
facility for trading options, to NYSE American Options.\6\ The NYSE MKT
name change to NYSE American became operative on July 24, 2017.
Accordingly, the Exchange proposes to amend certain of its rules and
the Options Fee Schedule as detailed below to reflect the new name of
its affiliate NYSE American.
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    \5\ See Securities Exchange Act Release No.80283 (March 21,
2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14).
    \6\ See Securities Exchange Act Release No. 80748 (May 23,
2017), 82 FR 24764 (May 30, 2017) (SR-NYSEMKT-2017-20).
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Proposed Rule Changes
     The Exchange proposes to replace ``NYSE MKT'' with ``NYSE
American'' in Rule 5.25-O, Commentary .03 (Margins); Rule 6.96-O(b)
(Operation of Routing Broker); 5.2-E(b) (General); 5.2-E(d) (Preferred
Stock and Similar Issues); 5.2-E(e) (Bonds and Debentures); 5.5-E(a),
Commentary .02 and .03 (Maintenance Requirements and Delisting
Procedures); 7.31-E(f) (Orders and Modifiers); and 7.45-E(c) (Operation
of Routing Broker).
     Rule 7.31-E has a notice stating that an amended version
of the rule has been approved but is not yet operative.\7\ The notice
includes a link to the amended version of the rule and the relevant
approval order. The Exchange proposes to replace ``NYSE MKT'' with
``NYSE American'' in the text of the amended but not yet operative
version of Rule 7.31-E. Exhibit 5B sets forth the proposed revised
text.
---------------------------------------------------------------------------

    \7\ The Exchange will announce by Trader Update when the amended
version of Rule 7.31-E will become operative.
---------------------------------------------------------------------------

     The Exchange proposes to replace ``NYSE MKT LLC'' with
``NYSE American LLC'' in Rule 5.82-O(a) (Applicability; Definitions
Related to ByRDs), Rule 6.96-O(b), Rule 7.37-E(d) (Order Execution and
Routing), and Rule 7.45-E(c)(1).
Proposed Changes to the Options Fee Schedule
     Options Fee Schedule: Under ``Co-Location Fees,'' in
General Notes 1 and 4, the Exchange proposes to replace ``NYSE MKT
LLC'' with ``NYSE American LLC'' and replace ``NYSE MKT'' with ``NYSE
American.'' In addition, the Exchange proposes to replace ``NYSE Amex
Options'' with ``NYSE American Options'' in the table in General Note
4.
    None of the foregoing changes are substantive.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act,\8\ in general, and with Section
6(b)(1) \9\ in particular, in that it enables the Exchange to be so
organized as to have the capacity to be able to carry out the purposes
of the Exchange Act and to comply, and to enforce compliance by its
exchange members and persons associated with its exchange members, with
the provisions of the Exchange Act, the rules and regulations
thereunder, and the rules of the Exchange.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The proposed rule change is a non-substantive change and does not
impact the governance or ownership of the Exchange. The Exchange
believes that the proposed rule change would enable the Exchange to
continue to be so organized as to have the capacity to carry out the
purposes of the Exchange Act and comply and enforce compliance with the
provisions of the Exchange Act by its members and persons associated
with its members, because ensuring that the rules and Options Fee
Schedule accurately reflect the name change of the Exchange's affiliate
from NYSE MKT to NYSE American and the rebranding of NYSE Amex Options
to NYSE

American Options would contribute to the orderly operation of the
Exchange by adding clarity and transparency to its rules and fee
schedule.
    For similar reasons, the Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\10\ in that
it is 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 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.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system by ensuring that market participants can more
easily navigate, understand and comply with the rules and Options Fee
Schedule. The Exchange believes that, by ensuring that such rules and
fee schedule accurately reflect the name change of its affiliate from
NYSE MKT to NYSE American and the rebranding of NYSE Amex Options to
NYSE American Options, the proposed rule change would reduce potential
investor or market participant confusion.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but rather is concerned
solely with updating the rules, and Options Fee Schedule to reflect its
affiliate's name change from NYSE MKT to NYSE American and rebranding
of NYSE Amex Options to NYSE American Options.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(3) \12\ thereunder. 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 necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings under Section
19(b)(2)(B) \13\ of the Act to determine whether the proposed rule
change should be approved or disapproved.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(3).
    \13\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2017-108 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-NYSEARCA-2017-108. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEARCA-2017-108 and should
be submitted on or before October 16, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority. \14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-20363 Filed 9-22-17; 8:45 am]
 BILLING CODE 8011-01-P