[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44063-44073]
[FR Doc No: 2017-20151]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2016-0998]
RIN 1625- AA08; AA00

Special Local Regulations and Safety Zones; Recurring Marine
Events Held in the Coast Guard Sector Northern New England Captain of
the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is updating the special local regulations and
permanent safety zones in Coast Guard Sector Northern New England
Captain of the Port Zone for annual recurring marine events. When
enforced, these special local regulations and safety zones will
restrict vessels from portions of water areas during certain annually
recurring events. The special local regulations and safety zones are
intended to expedite public notification and ensure the protection of
the maritime public and event participants from the hazards associated
with certain maritime events.

DATES: This rule is effective without actual notice on September 21,
2017. For the purposes of enforcement, actual notice will be used from
June 26, 2017 through September 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0998 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Marine Science Technician Chris Bains, Sector
Northern New England Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 13, 2017, the Coast Guard published an NPRM in the Federal
Register titled Special Local Regulations and Safety Zone; Recurring
Marine Events Held in the Coast Guard Sector Northern New England
Captain of the Port Zone, (82 FR 17782), proposing to update special
local regulations and safety zones. There we stated why we issued the
NPRM and invited comments on our proposed regulatory action. No public
comments or request for a public meeting were received during the NPRM
process. Swim events, fireworks displays, and marine events are held on
an annual recurring basis on the navigable waters within the Coast
Guard Sector Northern New England COTP Zone. In the past, the Coast
Guard has established special local regulations, regulated navigation
areas, and safety zones for these annual recurring events on a case by
case basis to ensure the protection of the maritime public and event
participants from the hazards associated with these events. In the past
year, events were assessed for their likelihood to recur in subsequent
years or to be discontinued. These events were added to or deleted from
the tables accordingly. In addition, minor changes to existing events
were made to ensure the accuracy of event details.
    The purpose of this rulemaking is to reduce administrative
overhead, expedite public notification of events, and ensure the
protection of the maritime public during marine events in the Sector
Northern New England area.
    We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making it effective less than 30 days
after publication in the Federal Register. The comment period for the
NPRM associated with the Special Local Regulations and Safety Zone;
Recurring Marine Events Held in the Coast Guard Sector Northern New
England Captain of the Port Zone expired on May 15, 2017. The first
events are scheduled to occur June 16, 2017. Thus, there is now
insufficient time for a 30 day effective period before the need to
enforce this safety zone and special local regulations. Delaying the
enforcement of this safety zone and special local regulations to allow
a 30 day effective period would be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard issues this rulemaking under authority in 33 U.S.C.
1231. This rule updates the tables of annual recurring events in the
existing regulation for the Coast Guard Sector Northern New England
COTP Zone. The tables provide the event name, sponsor, and type, as
well as approximate times, dates, and locations of the events. Advanced
public notification of specific times, dates, regulated areas, and
enforcement periods for each event will be provided through appropriate
means, which may include, the Local Notice to Mariners, Broadcast
Notice to Mariners, and a Notice of Enforcement published in the
Federal Register at least 30 days prior to the event date. If an event
does not have a date and time listed in this regulation, then the
precise dates and times of the enforcement period for that event will
be announced through a Local Notice to Mariners and, if time permits, a
Notice of Enforcement in the Federal Register.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments to the NPRM published April
13, 2017. The single change from the NPRM is the modification of one
position to the Colchester Triathlon held in Colchester, VT. The Coast
Guard has adjusted a mistake to a position made in the NPRM that went
unnoticed until after publication in the Federal Register.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and for promoting flexibility. This rule has not been designated a
``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    We expect the economic impact of this rule to be minimal. Although
this regulation may have some impact on the public, the potential
impact will be minimized for the following reason: The Coast Guard is
only modifying existing regulations to account for new information.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the

various levels of government. We have analyzed this rule under that
Order and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This rule involves water activities including swimming
events, boat races, and fireworks displays. The regulatory actions
related to these activities are categorically excluded from further
review under paragraph 34(g)(Safety Zones) and (34)(h)(Special Local
Regulations) of Figure 2-1 of Commandant Instruction M16475.lD. A
Record of Environmental Consideration (REC) supporting this finding is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects

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

0
2. In Sec.  100.120:
0
a. In the introductory text, remove ``Table to Sec.  100.120''
everywhere it appears and adding in its place ``Table 1 to Sec.
100.120;'' and
0
b. Revise the table to the section.
    The revision reads as follows:

Sec.  100.120  Special Local Regulations; Marine Events Held in the
Coast Guard Sector Northern New England Captain of the Port Zone.

* * * * *

                        Table 1 to Sec.   100.120
------------------------------------------------------------------------

------------------------------------------------------------------------
5.0                                      May occur May through September
------------------------------------------------------------------------
5.1 Tall Ships Visiting Portsmouth        Event Type: Regatta
                                          and Boat Parade.
                                          Date: A four day event
                                          from Friday through Monday.
                                          \1\
                                          Time (Approximate):
                                          9:00 am to 8:00 pm each day.
                                          Location: The
                                          regulated area includes all
                                          waters of Portsmouth Harbor,
                                          New Hampshire in the vicinity
                                          of Castle Island within the
                                          following points (NAD 83):
                                            43[deg] 03'11'' N, 070[deg]
                                             42'26'' W.
                                            43[deg] 03'18'' N, 070[deg]
                                             41'51'' W.
                                            43[deg] 04'42'' N, 070[deg]
                                             42'11'' W.
                                            43[deg] 04'28'' N, 070[deg]
                                             44'12'' W.
                                            43[deg] 05'36'' N, 070[deg]
                                             45'56'' W.
                                            43[deg] 05'29'' N, 070[deg]
                                             46'09'' W.
                                            43[deg] 04'19'' N, 070[deg]
                                             44'16'' W.
                                            43[deg] 04'22'' N, 070[deg]
                                             42'33'' W.
------------------------------------------------------------------------
6.0                                                    JUNE
------------------------------------------------------------------------
6.1 Charlie Begin Memorial Lobster Boat   Event Type: Power Boat
 Races..                                  Race.
                                          Date: A one day event
                                          in June. \1\
                                          Time (Approximate):
                                          10:00 am to 3:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Boothbay Harbor,
                                          Maine in the vicinity of
                                          John's Island within the
                                          following points (NAD 83):
                                            43[deg] 50'04'' N, 069[deg]
                                             38'37'' W.
                                            43[deg] 50'54'' N, 069[deg]
                                             38'06'' W.
                                            43[deg] 50'49'' N, 069[deg]
                                             37'50'' W.
                                            43[deg] 50'00'' N, 069[deg]
                                             38'20'' W.
------------------------------------------------------------------------
6.2 Rockland Harbor Lobster Boat Races.   Event Type: Power Boat
                                          Race.

                                          Date: A one day event
                                          in June. \1\
                                          Time (Approximate):
                                          9:00 am to 5:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Rockland Harbor,
                                          Maine in the vicinity of the
                                          Rockland Breakwater Light
                                          within the following points
                                          (NAD 83):
                                            44[deg] 05'59'' N, 069[deg]
                                             04'53'' W.
                                            44[deg] 06'43'' N, 069[deg]
                                             05'25'' W.
                                            44[deg] 06'50'' N, 069[deg]
                                             05'05'' W.
                                            44[deg] 06'05'' N, 069[deg]
                                             04'34'' W.
------------------------------------------------------------------------
6.3 Windjammer Days Parade of Ships....   Event Type: Tall Ship
                                          Parade.
                                          Date: A one day event
                                          in June. \1\
                                          Time (Approximate):
                                          12:00 pm to 5:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Boothbay Harbor,
                                          Maine in the vicinity of
                                          Tumbler's Island within the
                                          following points (NAD 83):
                                            43[deg] 51'02'' N, 069[deg]
                                             37'33'' W.
                                            43[deg] 50'47'' N, 069[deg]
                                             37'31'' W.
                                            43[deg] 50'23'' N, 069[deg]
                                             37'57'' W.
                                            43[deg] 50'01'' N, 069[deg]
                                             37'45'' W.
                                            43[deg] 50'01'' N, 069[deg]
                                             38'31'' W.
                                            43[deg] 50'25'' N, 069[deg]
                                             38'25'' W.
                                            43[deg] 50'49'' N, 069[deg]
                                             37'45'' W.
------------------------------------------------------------------------
6.4 Bass Harbor Blessing of the Fleet     Event Type: Power Boat
 Lobster Boat Race.                       Race.
                                          Date: A one day event
                                          in June. \1\
                                          Time (Approximate):
                                          10:00 am to 2:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Bass Harbor, Maine
                                          in the vicinity of Lopaus
                                          Point within the following
                                          points (NAD 83):
                                            44[deg] 13'28'' N, 068[deg]
                                             21'59'' W.
                                            44[deg] 13'20'' N, 068[deg]
                                             21'40'' W.
                                            44[deg] 14'05'' N, 068[deg]
                                             20'55'' W.
                                            44[deg] 14'12'' N, 068[deg]
                                             21'14'' W.
------------------------------------------------------------------------
7.0                                                    JULY
------------------------------------------------------------------------
7.1 Burlington 3rd of July Air Show....   Event Type: Air Show.
                                          Date: A one day event
                                          held near July 4th. \1\
                                          Time (Approximate):
                                          8:30 pm to 9:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Lake Champlain,
                                          Burlington, VT within the
                                          following points (NAD 83):
                                            44[deg] 28'51'' N, 073[deg]
                                             14'21'' W.
                                            44[deg] 28'57'' N, 073[deg]
                                             13'41'' W.
                                            44[deg] 28'05'' N, 073[deg]
                                             13'26'' W.
                                            44[deg] 27'59'' N, 073[deg]
                                             14'03'' W.
------------------------------------------------------------------------
7.2 Moosabec Lobster Boat Races........   Event Type: Power Boat
                                          Race.
                                          Date: A one day event
                                          held near July 4th. \1\
                                          Time (Approximate):
                                          10:00 am to 12:30 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Jonesport, Maine
                                          within the following points
                                          (NAD 83):
                                            44[deg] 31'21'' N, 067[deg]
                                             36'44'' W.
                                            44[deg] 31'36'' N, 067[deg]
                                             36'47'' W.
                                            44[deg] 31'44'' N, 067[deg]
                                             35'36'' W.
                                            44[deg] 31'29'' N, 067[deg]
                                             35'33'' W.
------------------------------------------------------------------------
7.3 The Great Race.....................   Event Type: Rowing and
                                          Paddling Boat Race.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          10:00 am to 12:30 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Lake Champlain in
                                          the vicinity of Saint Albans
                                          Bay within the following
                                          points (NAD 83):
                                            44[deg]47'18'' N, 073[deg]
                                             10'27'' W.
                                            44[deg]47'10'' N, 073[deg]
                                             08'51'' W.
------------------------------------------------------------------------
7.4 Stonington Lobster Boat Races......   Event Type: Power Boat
                                          Race.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 am to 3:30 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Stonington, Maine
                                          within the following points
                                          (NAD 83):
                                            44[deg] 08'55'' N, 068[deg]
                                             40'12'' W.
                                            44[deg] 09'00'' N, 068[deg]
                                             40'15'' W.
                                            44[deg] 09'11'' N, 068[deg]
                                             39'42'' W.

                                            44[deg] 09'07'' N, 068[deg]
                                             39'39'' W.
------------------------------------------------------------------------
7.5 Mayor's Cup Regatta................   Event Type: Sailboat
                                          Parade.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          10:00 am to 4:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Cumberland Bay on
                                          Lake Champlain in the vicinity
                                          of Plattsburgh, New York
                                          within the following points
                                          (NAD 83):
                                            44[deg] 41'26'' N, 073[deg]
                                             23'46'' W.
                                            44[deg] 40'19'' N, 073[deg]
                                             24'40'' W.
                                            44[deg] 42'01'' N, 073[deg]
                                             25'22'' W.
------------------------------------------------------------------------
7.6 The Challenge Race.................   Event Type: Rowing and
                                          Paddling Boat Race.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          11:00 am to 3:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Lake Champlain in
                                          the vicinity of Button Bay
                                          State Park within the
                                          following points (NAD 83):
                                            44[deg] 12'25'' N, 073[deg]
                                             22'32'' W.
                                            44[deg] 12'00'' N, 073[deg]
                                             21'42'' W.
                                            44[deg] 12'19'' N, 073[deg]
                                             21'25'' W.
                                            44[deg] 13'16'' N, 073[deg]
                                             21'36'' W.
------------------------------------------------------------------------
7.7 Yarmouth Clam Festival Paddle Race.   Event Type: Rowing and
                                          Paddling Boat Race.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 am to 4:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters in the vicinity of the
                                          Royal River outlet and Lane's
                                          Island within the following
                                          points (NAD 83):
                                            43[deg] 47'47'' N, 070[deg]
                                             08'40'' W.
                                            43[deg] 47'50'' N, 070[deg]
                                             07'13'' W.
                                            43[deg] 47'06'' N, 070[deg]
                                             07'32'' W.
                                            43[deg] 47'17'' N, 070[deg]
                                             08'25'' W.
------------------------------------------------------------------------
7.8 Maine Windjammer Lighthouse Parade.   Event Type: Wooden
                                          Boat Parade.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          1:00 pm to 3:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Rockland Harbor,
                                          Maine in the vicinity of the
                                          Rockland Harbor Breakwater
                                          within the following points
                                          (NAD 83):
                                            44[deg] 06'14'' N, 069[deg]
                                             03'48'' W.
                                            44[deg] 05'50'' N, 069[deg]
                                             03'47'' W.
                                            44[deg] 06'14'' N, 069[deg]
                                             05'37'' W.
                                            44[deg] 05'50'' N, 069[deg]
                                             05'37'' W.
------------------------------------------------------------------------
7.9 Friendship Lobster Boat Races......   Event Type: Power Boat
                                          Race.
                                          Date: A one day event
                                          during a weekend between the
                                          15th of July and the 15th of
                                          August. \1\
                                          Time (Approximate):
                                          9:30 am to 3:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Friendship Harbor,
                                          Maine within the following
                                          points (NAD 83):
                                            43[deg] 57'51'' N, 069[deg]
                                             20'46'' W.
                                            43[deg] 58'14'' N, 069[deg]
                                             19'53'' W.
                                            43[deg] 58'19'' N, 069[deg]
                                             20'01'' W.
                                            43[deg] 58'00'' N, 069[deg]
                                             20'46'' W.
------------------------------------------------------------------------
8.0                                                   AUGUST
------------------------------------------------------------------------
8.1 Eggemoggin Reach Regatta...........   Event Type: Wooden
                                          Boat Parade.
                                          Date: A one day event
                                          on a Saturday between the 15th
                                          of July and the 15th of
                                          August. \1\
                                          Time (Approximate):
                                          11:00 am to 7:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Eggemoggin Reach and
                                          Jericho Bay in the vicinity of
                                          Naskeag Harbor, Maine within
                                          the following points (NAD 83):
                                            44[deg] 15'16'' N, 068[deg]
                                             36'26'' W.
                                            44[deg] 12'41'' N, 068[deg]
                                             29'26'' W.
                                            44[deg] 07'38'' N, 068[deg]
                                             31'30'' W.
                                            44[deg] 12'54'' N, 068[deg]
                                             33'46'' W.
------------------------------------------------------------------------
8.2 Southport Rowgatta Rowing and         Event Type: Rowing and
 Paddling Boat Race.                      Paddling Boat Race.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          8:00 am to 3:00 pm.

                                          Location: The
                                          regulated area includes all
                                          waters of Sheepscot Bay and
                                          Boothbay, on the shore side of
                                          Southport Island, Maine within
                                          the following points (NAD 83):
                                            43[deg] 50'26'' N, 069[deg]
                                             39'10'' W.
                                            43[deg] 49'10'' N, 069[deg]
                                             38'35'' W.
                                            43[deg] 46'53'' N, 069[deg]
                                             39'06'' W.
                                            43[deg] 46'50'' N, 069[deg]
                                             39'32'' W.
                                            43[deg] 49'07'' N, 069[deg]
                                             41'43'' W.
                                            43[deg] 50'19'' N, 069[deg]
                                             41'14'' W.
                                            43[deg] 51'11'' N, 069[deg]
                                             40'06'' W.
------------------------------------------------------------------------
8.3 Winter Harbor Lobster Boat Races...   Event Type: Power Boat
                                          Race.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          9:00 am to 3:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Winter Harbor, Maine
                                          within the following points
                                          (NAD 83):
                                            44[deg] 22'06'' N, 068[deg]
                                             05'13'' W.
                                            44[deg] 23'06'' N, 068[deg]
                                             05'08'' W.
                                            44[deg] 23'04'' N, 068[deg]
                                             04'37'' W.
                                            44[deg] 22'05'' N, 068[deg]
                                             04'44'' W.
------------------------------------------------------------------------
8.4 Lake Champlain Dragon Boat Festival   Event Type: Rowing and
                                          Paddling Boat Race.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          7:00 am to 5:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Burlington Bay
                                          within the following points
                                          (NAD 83):
                                            44[deg] 28'49'' N, 073[deg]
                                             13'22'' W.
                                            44[deg] 28'41'' N, 073[deg]
                                             13'36'' W.
                                            44[deg] 28'28'' N, 073[deg]
                                             13'31'' W.
                                            44[deg] 28'38'' N, 073[deg]
                                             13'18'' W.
------------------------------------------------------------------------
8.5 Merritt Brackett Lobster Boat Races   Event Type: Power Boat
                                          Race.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          10:00 am to 3:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Pemaquid Harbor,
                                          Maine within the following
                                          points (NAD 83):
                                            43[deg] 52'16'' N, 069[deg]
                                             32'10'' W.
                                            43[deg] 52'41'' N, 069[deg]
                                             31'43'' W.
                                            43[deg] 52'35'' N, 069[deg]
                                             31'29'' W.
                                            43[deg] 52'09'' N, 069[deg]
                                             31'56'' W.
------------------------------------------------------------------------
8.6 Multiple Sclerosis Regatta.........   Event Type: Regatta
                                          and Sailboat Race.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          10:00 am to 4:00 pm.
                                          Location: The
                                          regulated area for the start
                                          of the race includes all
                                          waters of Casco Bay, Maine in
                                          the vicinity of Peaks Island
                                          within the following points
                                          (NAD 83):
                                            43[deg] 40'24'' N, 070[deg]
                                             14'20'' W.
                                            43[deg] 40'36'' N, 070[deg]
                                             13'56'' W.
                                            43[deg] 39'58'' N, 070[deg]
                                             13'21'' W.
                                            43[deg] 39'46'' N, 070[deg]
                                             13'51'' W.
------------------------------------------------------------------------
8.7 Multiple Sclerosis Harborfest         Event Type: Power Boat
 Lobster Boat/Tugboat Races.              Race.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          10:00 am to 3:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Portland Harbor,
                                          Maine in the vicinity of Maine
                                          State Pier within the
                                          following points (NAD 83):
                                            43[deg] 40'25'' N, 070[deg]
                                             14'21'' W.
                                            43[deg] 40'36'' N, 070[deg]
                                             13'56'' W.
                                            43[deg] 39'58'' N, 070[deg]
                                             13'21'' W.
                                            43[deg] 39'47'' N, 070[deg]
                                             13'51'' W.
------------------------------------------------------------------------
8.8 Long Island Lobster Boat Race......   Event Type: Power Boat
                                          Race.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          10:00 am to 3:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Casco Bay, Maine in
                                          the vicinity of Great Ledge
                                          Cove and Dorseys Cove off the
                                          north west coast of Long
                                          Island, Maine within the
                                          following points (NAD 83):
                                            43[deg] 41'59'' N, 070[deg]
                                             08'59'' W.
                                            43[deg] 42'04'' N, 070[deg]
                                             09'10'' W.
                                            43[deg] 41'41'' N, 070[deg]
                                             09'38'' W.

                                            43[deg] 41'36'' N, 070[deg]
                                             09'30'' W.
------------------------------------------------------------------------
\1\ Date subject to change. Exact date will be posted in Notice of
  Enforcement and Local Notice to Mariners.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
4. In Sec.  165.171:
0
a. In the introductory text, remove ``Table to Sec.  165.171''
everywhere it appears and adding in its place ``Table 1 to Sec.
165.171;'' and
0
b. Revise the table to the section.
    The revision reads as follows:

Sec.  165.171   Safety Zones for fireworks displays and swim events
held in Coast Guard Sector Northern New England Captain of the Port
Zone.

* * * * *

                        Table 1 to Sec.   165.171
------------------------------------------------------------------------

------------------------------------------------------------------------
6.0                                                    JUNE
------------------------------------------------------------------------
6.1 Rotary Waterfront Days Fireworks...   Event Type: Fireworks
                                          Display.
                                          Date: Two night event
                                          on a Wednesday and Saturday in
                                          June. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:00 pm.
                                          Location: In the
                                          vicinity of the Gardiner
                                          Waterfront, Gardiner, Maine in
                                          approximate position:
                                            44[deg] 13'52'' N, 069[deg]
                                             46'08'' W (NAD 83).
6.2 LaKermesse Fireworks...............   Event Type: Fireworks
                                          Display.
                                          Date: One night event
                                          in June. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:00 pm.
                                          Location: Biddeford,
                                          Maine in approximate position:
                                            43[deg] 29'37'' N, 070[deg]
                                             26'47'' W (NAD 83).
6.3 Windjammer Days Fireworks..........   Event Type: Fireworks
                                          Display.
                                          Date: One night event
                                          in June. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of McFarland Island,
                                          Boothbay Harbor, Maine in
                                          approximate position:
                                            43[deg] 50'38'' N, 069[deg]
                                             37'57'' W (NAD 83).
------------------------------------------------------------------------
7.0                                                    JULY
------------------------------------------------------------------------
7.1 Vinalhaven 4th of July Fireworks...   Event Type: Firework
                                          Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of Grime's Park,
                                          Vinalhaven, Maine in
                                          approximate position:
                                            44[deg] 02'34'' N, 068[deg]
                                             50'26'' W (NAD 83).
7.2 Burlington Independence Day           Event Type: Firework
 Fireworks.                               Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          9:00 pm to 11:00 pm.
                                          Location: From a barge
                                          in the vicinity of Burlington
                                          Harbor, Burlington, Vermont in
                                          approximate position:
                                            44[deg] 28'31'' N, 073[deg]
                                             13'31'' W (NAD 83).
7.3 Camden 3rd of July Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:00 pm.
                                          Location: In the
                                          vicinity of Camden Harbor,
                                          Maine in approximate position:
                                            44[deg] 12'32'' N, 069[deg]
                                             02'58'' W (NAD 83).
7.4 Bangor 4th of July Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of the Bangor
                                          Waterfront, Bangor, Maine in
                                          approximate position:
                                            44[deg] 47'27'' N, 068[deg]
                                             46'31'' W (NAD 83).
7.5 Bar Harbor 4th of July Fireworks...   Event Type: Fireworks
                                          Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of Bar Harbor Town
                                          Pier, Bar Harbor, Maine in
                                          approximate position:
                                            44[deg] 23'31'' N, 068[deg]
                                             12'15'' W (NAD 83).
7.6 Boothbay Harbor 4th of July           Event Type: Fireworks
 Fireworks.                               Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of McFarland Island,
                                          Boothbay Harbor, Maine in
                                          approximate position:
                                            43[deg] 50'38'' N, 069[deg]
                                             37'57'' W (NAD 83).

7.7 Eastport 4th of July Fireworks.....   Event Type: Fireworks
                                          Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          9:00 pm to 9:30 pm.
                                          Location: From the
                                          Waterfront Public Pier in
                                          Eastport, Maine in approximate
                                          position:
                                            44[deg] 54'25'' N, 066[deg]
                                             58'55'' W (NAD 83).
7.8 Ellis Short Sand Park Trustee         Event Type: Fireworks
 Fireworks.                               Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:30 pm to 11:00 pm.
                                          Location: In the
                                          vicinity of York Beach, Maine
                                          in approximate position:
                                            43[deg] 10'30'' N, 070[deg]
                                             36'22'' W (NAD 83).
7.9 Hampton Beach 4th of July Fireworks   Event Type: Fireworks
                                          Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:30 pm to 11:00 pm.
                                          Location: In the
                                          vicinity of Hampton Beach, New
                                          Hampshire in approximate
                                          position:
                                            42[deg] 54'40'' N, 070[deg]
                                             36'25'' W (NAD 83).
7.10 Moosabec 4th of July Committee       Event Type: Fireworks
 Fireworks.                               Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of Beals Island,
                                          Jonesport, Maine in
                                          approximate position:
                                            44[deg] 31'18'' N, 067[deg]
                                             36'43'' W (NAD 83).
7.11 Lubec 4th of July Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of the Lubec Public
                                          Boat Launch in approximate
                                          position:
                                            44[deg] 51'52'' N, 066[deg]
                                             59'06'' W (NAD 83).
7.12 Main Street Heritage Days 4th of     Event Type: Fireworks
 July Fireworks.                          Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of Reed and Reed Boat
                                          Yard, Woolwich, Maine in
                                          approximate position:
                                            43[deg] 54'56'' N, 069[deg]
                                             48'16'' W (NAD 83).
7.13 Portland Harbor 4th of July          Event Type: Fireworks
 Fireworks.                               Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:30 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of East End Beach,
                                          Portland, Maine in approximate
                                          position:
                                            43[deg] 40'16'' N, 070[deg]
                                             14'44'' W (NAD 83).
7.14 St. Albans Day Fireworks..........   Event Type: Fireworks
                                          Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          9:00 pm to 10:00 pm.
                                          Location: From the St.
                                          Albans Bay dock in St. Albans
                                          Bay, Vermont in approximate
                                          position:
                                            44[deg] 48'25'' N, 073[deg]
                                             08'23'' W (NAD 83).
7.15 Stonington 4th of July Fireworks..   Event Type: Fireworks
                                          Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of Two Bush Island,
                                          Stonington, Maine in
                                          approximate position:
                                            44[deg] 08'57'' N, 068[deg]
                                             39'54'' W (NAD 83).
7.16 Southwest Harbor 4th of July         Event Type: Fireworks
 Fireworks.                               Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: Southwest
                                          Harbor, Maine in approximate
                                          position:
                                            44[deg] 16'25'' N, 068[deg]
                                             19'21'' W (NAD 83).
7.17 Shelburne Triathlons..............   Event Type: Swim
                                          Event.
                                          Date: Up to three
                                          Saturdays throughout July and
                                          August. \1\
                                          Time (Approximate):
                                          7:00 am to 11:00 am.
                                          Location: The
                                          regulated area includes all
                                          waters of Lake Champlain in
                                          the vicinity of Shelburne
                                          Beach in Shelburne, Vermont
                                          within a 400 yard radius of
                                          the following point:
                                            44[deg] 21'45'' N, 075[deg]
                                             15'58'' W (NAD 83).
7.18 St. George Days Fireworks.........   Event Type: Fireworks.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          8:30 pm to 10:30 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Inner Tenants
                                          Harbor, ME, in approximate
                                          position:
                                            43[deg] 57'41.37'' N,
                                             069[deg] 12'45'' W (NAD
                                             83).
7.190 Tri for a Cure Swim Clinics and     Event Type: Swim
 Triathlon.                               Event.
                                          Date: A multi-day
                                          event held throughout July.
                                          \1\

                                          Time (Approximate):
                                          8:30 am to 11:30 am.
                                          Location: The
                                          regulated area includes all
                                          waters of Portland Harbor,
                                          Maine in the vicinity of
                                          Spring Point Light within the
                                          following points (NAD 83):
                                            43[deg] 39'01'' N, 070[deg]
                                             13'32'' W.
                                            43[deg] 39'07'' N, 070[deg]
                                             13'29'' W.
                                            43[deg] 39'06'' N, 070[deg]
                                             13'41'' W.
                                            43[deg] 39'01'' N, 070[deg]
                                             13'36'' W.
7.20 Richmond Days Fireworks...........   Event Type: Fireworks
                                          Display.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:00 pm.
                                          Location: From a barge
                                          in the vicinity of the inner
                                          harbor, Tenants Harbor, Maine
                                          in approximate position:
                                            44[deg] 08'42'' N, 068[deg]
                                             27'06'' W (NAD83).
7.21 Colchester Triathlon..............   Event Type: Swim
                                          Event.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          7:00 am to 11:00 am.
                                          Location: The
                                          regulated area includes all
                                          waters of Malletts Bay on Lake
                                          Champlain, Vermont within the
                                          following points (NAD 83):
                                            44[deg] 32'57'' N, 073[deg]
                                             13'00'' W.
                                            44[deg] 32'46'' N, 073[deg]
                                             13'00'' W.
                                            44[deg] 33'24'' N, 073[deg]
                                             11'43'' W.
                                            44[deg] 33'14'' N, 073[deg]
                                             11'35'' W.
7.22 Peaks to Portland Swim............   Event Type: Swim
                                          Event.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          5:00 am to 1:00 pm.
                                          Location: The
                                          regulated area includes all
                                          waters of Portland Harbor
                                          between Peaks Island and East
                                          End Beach in Portland, Maine
                                          within the following points
                                          (NAD 83):
                                            43[deg] 39'20'' N, 070[deg]
                                             11'58'' W.
                                            43[deg] 39'45'' N, 070[deg]
                                             13'19'' W.
                                            43[deg] 40'11'' N, 070[deg]
                                             14'13'' W.
                                            43[deg] 40'08'' N, 070[deg]
                                             14'29'' W.
                                            43[deg] 40'00'' N, 070[deg]
                                             14'23'' W.
                                            43[deg] 39'34'' N, 070[deg]
                                             13'31'' W.
                                            43[deg] 39'13'' N, 070[deg]
                                             11'59'' W.
7.23 Friendship Days Fireworks.........   Event Type: Fireworks
                                          Display.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of the Town Pier,
                                          Friendship Harbor, Maine in
                                          approximate position:
                                            43[deg] 58'23'' N, 069[deg]
                                             20'12'' W (NAD83).
7.24 Bucksport Festival and Fireworks..   Event Type: Fireworks
                                          Display.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of the Verona Island
                                          Boat Ramp, Verona, Maine, in
                                          approximate position:
                                            44[deg] 34'9'' N, 068[deg]
                                             47'28'' W (NAD83).
7.25 Nubble Light Swim Challenge.......   Event Type: Swim
                                          Event.
                                          Date: A one day event
                                          in July. \1\
                                          Time (Approximate):
                                          9:00 am to 12:30 pm.
                                          Location: The
                                          regulated area includes all
                                          waters around Cape Neddick,
                                          Maine and within the following
                                          coordinates:
                                            43[deg] 10'28'' N, 070[deg]
                                             36'26'' W.
                                            43[deg] 10'34'' N, 070[deg]
                                             36'06'' W.
                                            43[deg] 10'30'' N, 070[deg]
                                             35'45'' W.
                                            43[deg] 10'17'' N, 070[deg]
                                             35'24'' W.
                                            43[deg] 09'54'' N, 070[deg]
                                             35'18'' W.
                                            43[deg] 09'42'' N, 070[deg]
                                             35'37'' W.
                                            43[deg] 09'51'' N, 070[deg]
                                             37'05'' W.
7.26 Paul Coulombe Anniversary            Event Type: Fireworks
 Fireworks.                               Display.
                                          Date: A one day event
                                          in July. \1\
                                          Time: 8:00 pm to 11:30
                                          pm.
                                          Location: In the
                                          vicinity of Pratt Island,
                                          Southport, ME, in approximate
                                          position:
                                            43[deg] 48'44'' N, 069[deg]
                                             41'11'' W (NAD83).
7.27 Castine 4th of July Fireworks.....   Event Type: Fireworks
                                          Display.
                                          Date: One night event
                                          in July. \1\
                                          Time (Approximate):
                                          9:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of the town dock in
                                          the Castine Harbor, Castine,
                                          Maine in approximate position:
                                            44[deg]23'10'' N,
                                             068[deg]47'28''W (NAD 83).
------------------------------------------------------------------------
8.0                                                   AUGUST
------------------------------------------------------------------------

8.1 Westerlund's Landing Party            Event Type: Fireworks
 Fireworks.                               Display.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of Westerlund's
                                          Landing in South Gardiner,
                                          Maine in approximate position:
                                            44[deg] 10'19'' N, 069[deg]
                                             45'24'' W (NAD 83).
8.2 York Beach Fire Department            Event Type: Fireworks
 Fireworks.                               Display.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          8:30 pm to 11:30 pm.
                                          Location: In the
                                          vicinity of Short Sand Cove in
                                          York, Maine in approximate
                                          position:
                                         43[deg] 10'27'' N, 070[deg]
                                          36'25'' W (NAD 83).
8.3 North Hero Air Show................   Event Type: Air Show.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          10:00 am to 5:00 pm.
                                          Location: In the
                                          vicinity of Shore Acres Dock,
                                          North Hero, Vermont in
                                          approximate position:
                                            44[deg] 48'24'' N, 073[deg]
                                             17'02'' W.
                                            44[deg] 48'22'' N, 073[deg]
                                             16'46'' W.
                                            44[deg] 47'53'' N, 073[deg]
                                             16'54'' W.
                                            44[deg] 47'54'' N, 073[deg]
                                             17'09'' W.
8.4 Islesboro Crossing Swim............   Event Type: Swim
                                          Event.
                                          Date: A one day event
                                          in August. \1\
                                          Time: (Approximate):
                                          6:00 am to 11:00 am.
                                          Location: West
                                          Penobscot Bay from Ducktrap
                                          Beach, Lincolnville, ME to
                                          Grindel Point, Islesboro, ME,
                                          in approximate position:
                                            44[deg] 17'44'' N, 069[deg]
                                             00'11'' W.
                                            44[deg] 16'58'' N, 068[deg]
                                             56'35'' W.
8.5 Paul Columbe Party Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          9:00 pm to 10:30 pm.
                                          Location: From a barge
                                          in the vicinity of Pratt
                                          Island, Southport, Maine in
                                          approximate position:
                                            43[deg] 48'69'' N, 069[deg]
                                             41'18'' W (NAD 83)
8.6 Casco Bay Island Swim/Run..........   Event Type: Swim/Run
                                          Event.
                                          Date: A one day event
                                          in August. \1\
                                          Time (Approximate):
                                          7:30 am to 1:00 pm.
                                          Location: All waters
                                          of Casco Bay, Maine in the
                                          vicinity of Casco Bay Island
                                          archipelago and within the
                                          following coordinates (NAD
                                          83):
                                            43[deg] 42'47'' N, 070[deg]
                                             07'07'' W.
                                            43[deg] 38'09'' N, 070[deg]
                                             11'57'' W.
                                            43[deg] 34'57'' N, 070[deg]
                                             12'55'' W.
                                            43[deg] 41'31'' N, 070[deg]
                                             11'37'' W.
                                            43[deg] 43'25'' N, 070[deg]
                                             08'25'' W.
8.7 Port Mile Swim.....................   Event Type: Swim
                                          Event.
                                          Date: A one day event
                                          August. \1\
                                          Time (Approximate):
                                          7:00 am to 9:00 am.
                                          Location: All waters
                                          of Casco Bay, Maine in the
                                          vicinity of East End Beach
                                          within the following points
                                          (NAD 83):
                                            43[deg] 40'09'' N, 070[deg]
                                             14'27'' W.
                                            43[deg] 40'05'' N, 070[deg]
                                             14'01'' W.
                                            43[deg] 40'21'' N, 070[deg]
                                             14'09'' W.
8.8 Challenge Maine Triathlon..........   Event Type: Swim
                                          Event.
                                          Date: A one day event
                                          August. \1\
                                          Time (Approximate):
                                          6:00 am to 08:30 am.
                                          Location: All waters
                                          of Saco Bay, Maine in the
                                          vicinity of Old Orchard Beach
                                          within the following points
                                          (NAD 83):
                                            43[deg] 30'57'' N, 070[deg]
                                             22'22'' W.
                                            43[deg] 30'48'' N, 070[deg]
                                             21'58'' W.
                                            43[deg] 30'29'' N, 070[deg]
                                             22'43'' W.
                                            43[deg] 30'19'' N, 070[deg]
                                             22'21'' W.
------------------------------------------------------------------------
9.0                                                 SEPTEMBER
------------------------------------------------------------------------
9.1 Windjammer Weekend Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Date: A one night
                                          event in September. \1\
                                          Time (Approximate):
                                          8:00 pm to 9:30 pm.
                                          Location: From a barge
                                          in the vicinity of Northeast
                                          Point, Camden Harbor, Maine in
                                          approximate position:
                                            44[deg] 12'10'' N, 069[deg]
                                             03'11''W (NAD 83).
9.2 Eastport Pirate Festival Fireworks.   Event Type: Fireworks
                                          Display.
                                          Date: A one night
                                          event in September. \1\
                                          Time (Approximate):
                                          7:00 pm to 10:00 pm.
                                          Location: From the
                                          Waterfront Public Pier in
                                          Eastport, Maine in approximate
                                          position:

                                            44[deg] 54'17'' N, 066[deg]
                                             58'58''W (NAD 83).
9.3 The Lobsterman Triathlon...........   Event Type: Swim
                                          Event.
                                          Date: A one day event
                                          in September. \1\
                                          Time (Approximate):
                                          8:00 am to 11:00 am.
                                          Location: The
                                          regulated area includes all
                                          waters in the vicinity of
                                          Winslow Park in South
                                          Freeport, Maine within the
                                          following points (NAD 83):
                                            43[deg] 47'59'' N, 070[deg]
                                             06'56'' W.
                                            43[deg] 47'44'' N, 070[deg]
                                             06'56'' W.
                                            43[deg] 47'44'' N, 070[deg]
                                             07'27'' W.
                                            43[deg] 47'57'' N, 070[deg]
                                             07'27'' W.
9.4 Eliot Festival Day Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Date: A one night
                                          event in September. \1\
                                          Time (Approximate):
                                          8:00 pm to 10:30 pm.
                                          Location: In the
                                          vicinity of Eliot Town Boat
                                          Launch, Eliot, Maine in
                                          approximate position:
                                            43[deg] 08'56'' N, 070[deg]
                                             49'52'' W (NAD 83).
9.5 Lake Champlain Swimming Race.......   Event Type: Swim
                                          Event.
                                         Date: A one day event in
                                          September. \1\
                                          Time (Approximate):
                                          9:00 am to 3 pm.
                                          Location: Essex Beggs
                                          Point Park, Essex, NY, to
                                          Charlotte Beach, Charlotte,
                                          VT.
                                            44[deg] 18'32'' N, 073[deg]
                                             20'52'' W.
                                            44[deg] 20'03'' N, 073[deg]
                                             16'53'' W.
------------------------------------------------------------------------
\1\ Date subject to change. Exact date will be posted in Notice of
  Enforcement and Local Notice to Mariners.

    Dated: June 26, 2017.
M.A. Baroody,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2017-20151 Filed 9-20-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: July 7, 2008 (Volume 73, Number 130)]
[Notices]
[Page 38487-38489]
[DOCID:fr07jy08-135]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58045; File No. SR-Phlx-2007-33]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change, as Modified by Amendment Nos.
1 Thereto and 2, Relating to Margining

June 26, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act''),\1\ and Rule 19b-4 \2\ thereunder, notice
is hereby given that on April 5, 2007, the Philadelphia Stock Exchange,
Inc. (``Phlx'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been substantially
prepared by Phlx. On July 31, 2007, Phlx filed Amendment No. 1 to the
proposed rule change. On May 19, 2008, Phlx filed Amendment No. 2 to
the proposed rule change.\3\ The Commission is publishing this notice
to solicit comments on the proposed rule change, as amended, from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 2 replaced and superseded the original filing
and Amendment No. 1 in their entirety.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx proposes to amend its rules to streamline and make more
efficient its margin rules and procedures by: (1) Adding a new section
to Rule 721 (Proper and Adequate Margin) requiring

each member to indicate in writing to the Exchange that such member
shall be bound by the initial and maintenance margin requirements of
either the Chicago Board Options Exchange (``CBOE'') or New York Stock
Exchange (``NYSE''); and (2) eliminating Rules 724 (Guaranteed
Accounts) and 725 (Daily Record of Required Margin). The Exchange also
proposes to significantly shorten Rules 723 (Day Trading and
Prohibition on Free-Riding in Cash Accounts) and 722 (Margin Accounts)
to eliminate redundant language while retaining those margin
requirements that are unique to current Exchange margin rules.
    The text of the proposed rule change is available on the Exchange's
Web site at Phlx's principal office, the Commission's public reference
room, and http://www.phlx.com.

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

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

1. Purpose
    The purpose of the proposed rule change is to streamline Phlx
margin rules by requiring member organizations to elect in writing that
they shall follow the margin rules of CBOE or NYSE, which should
eliminate unnecessary or duplicative margin requirements. At the same
time, the Exchange proposes to retain those margin provisions that are
unique to current Exchange margin rules, particularly those pertaining
to foreign currency options, which only trade on Phlx. The proposal
will also make portfolio margining available to Exchange members.\4\
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    \4\ The Exchange believes that the portfolio margin rules noted
herein most likely will be used by Phlx clearing firm members for
which the Exchange is not the designated examining authority (DEA).
The Phlx does not, at this time, intend to approve member firms for
which it is the DEA to engage in portfolio margining.
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    The Exchange's current margin requirements are embodied in its
Rules 721 through 725, with the bulk of them in Rule 722. The proposal
would require member organizations to elect, via written notice to the
Exchange, to use and follow the margin rules of either CBOE or NYSE as
they are in effect from time to time (known as the ``elected margin
rules''). This would allow the Exchange to drastically reduce the
length of Rule 722 while retaining those margin concepts that are not
covered by the elected margin rules, such as Miscellaneous Securities
options,\5\ currency pairs, and free-riding. Rule 722 as amended would
specifically require that once an Exchange member organization elects
to follow the margin rules of either CBOE or NYSE, it shall be bound to
comply with such elected margin rules, as applicable, as though they
were part of the Exchange's margin rules.
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    \5\ Miscellaneous Securities include cross rate currencies and
cash index participations as defined in proposed Rule 722.
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    The election of appropriate margin rules enables the Exchange to
eliminate Rules 724 and 725 because the topics of those rules--
guaranteed accounts and daily record of required margin, respectively--
are covered in the elected margin rules and retention of 724 and 725
would therefore be duplicative.\6\ The Exchange likewise proposes to
shorten Rule 723 by retaining the unique prohibition on free-riding
while eliminating the duplicative day-trading margin language. The
language proposed to be deleted duplicates similar provisions in CBOE
Rule 12.3 and NYSE Rule 431.
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    \6\ See CBOE Rules 12.4 and 12.12, and NYSE Rules 431 and 432.
With the creation of the Financial Industry Regulatory Authority
(``FINRA'') through the consolidation of NASD and the member
regulation, enforcement and arbitration operations of the NYSE, NYSE
Rules 431 and 432 are now part of the FINRA rulebook which currently
consists of both NASD Rules and certain NYSE Rules that FINRA has
incorporated (Incorporated NYSE Rules). See http://www.finra.org/
RulesRegulation/FINRARules/index.htm.
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    The elected margin rules contain the portfolio margin pilot
programs that were initiated by CBOE and NYSE in 2005 and are currently
codified in their margin rules (the ``Pilots'').\7\ As stated above,
the Exchange believes that the portfolio margin rules noted herein most
likely will be used by Phlx clearing firm members for which the
Exchange is not the designated examining authority (``DEA'').
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    \7\ See Exchange Act Release Nos. 52032 (July 14, 2005), 70 FR
42118 (July 21, 2005) (SR-CBOE-2002-03); and 52031 (July 14, 2005),
70 FR 42130 (July 21, 2005) (SR-NYSE-2002-19). The Exchange notes
that the OCC has amended its rules and by-laws to accommodate the
Pilots. See, e.g., Exchange Act Release No. 52030 (July 14, 2005),
70 FR 42405 (July 22, 2005) (SR-OCC-2003-04) (establishes new OCC
``customers' lien account'' for customers of clearing members that
are margined on a portfolio risk basis or pursuant to a cross-
margining arrangement in accordance with exchange rules). See also
infra note 8.
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    Whereas current Phlx Rule 722 requires that margin must be
calculated using fixed percentages, on a position-by-position basis,
the Pilots permit a broker-dealer to calculate customer margin
requirements by grouping all eligible products in an account(s) based
on the same index or issuer into a single portfolio. Products eligible
for margining according to the portfolio margining methodology of the
Pilots include listed, broad-based, and market index options, index
warrants, futures, futures options and related exchange-traded funds.
The Pilots were subsequently extended and modified by expanding the
scope of products eligible for portfolio margining to include margin
equity securities, unlisted derivatives, listed options and securities
futures.\8\
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    \8\ See Exchange Act Release Nos. 56107 (July 19, 2007), 72 FR
41377 (July 27, 2007) (SR-NYSE-2007-56); 56109 (July 19, 2007), 72
FR 41365 (July 27, 2007) (SR-CBOE-2007-75); and 56108 (July 19,
2007), 72 FR 41375 (July 27, 2007) (SR-NASD-2007-045) (orders
extending the Pilots until July 31, 2008). See also Exchange Act
Release No. 54918 (December 12, 2006), 71 FR 75790 (December 18,
2006) (SR-NYSE-2006-13); Exchange Act Release No. 54919 (December
12, 2006), 71 FR 75781 (December 18, 2006) (SR-CBOE 2006-14); and
Exchange Act Release No. 54125 (July 11, 2006), 71 FR 40766 (July
18, 2006) (SR-NYSE-2005-93) (orders expanding the scope of products
eligible for portfolio margining). The Exchange could have adopted
the Pilots and relevant updates piecemeal but instead has determined
to incorporate them by adopting the margin rules of CBOE and NYSE as
described herein.
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    This proposal to incorporate CBOE or NYSE margin rules is similar
to the approach used by the International Securities Exchange (``ISE'')
and the Boston Options Exchange (``BOX'') requiring their members to
elect and follow CBOE or NYSE margin rules and incorporating such rules
by reference into their own rules.\9\ The Exchange believes that the
proposal to have its members elect appropriate CBOE or NYSE margin
rules, in conjunction with retaining the needed portions of the
Exchange's current margin rules, should enable it to maximize and
maintain its competitive position among options exchanges to the
benefit of investors.
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    \9\ See Exchange Act Release Nos. 48355 (August 22, 2003), 68 FR
50813 (August 22, 2003) (SR-BSE-2002-15); and 49260 (February 14,
2004), 69 FR 8500 (February 24, 2004) (approval, among other things,
of ISE rule incorporating CBOE and NYSE margin rules). The Exchange
has, under separate cover, submitted a letter seeking an exemption
under Section 36 of the Act from the rule filing procedures of
Section 19(b) of the Act with respect to changes to the proposed
incorporated CBOE and NYSE margin rules going forward. See generally
Exchange Act Release No. 49260.

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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \10\ in general, and furthers the objectives of Section
6(b)(5) of the Act \11\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by streamlining its margin rules commensurate with industry
practice.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change, as
amended, will impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2007-33 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-Phlx-2007-33. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Phlx. 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-Phlx-2007-33 and should be
submitted on or before July 28, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-15198 Filed 7-3-08; 8:45 am]

BILLING CODE 8010-01-P