[Federal Register: August 12, 2010 (Volume 75, Number 155)]
[Notices]
[Page 49010-49013]
[DOCID:fr12au10-98]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62658; File No. SR-CBOE-2009-075]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Proposed Rule Change, as Modified by Amendment
Nos. 1 and 2, To Establish a Pilot Program to List P.M.-Settled End of
Week and End of Month Expirations for Options on Broad-Based Indexes

 August 5, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 14, 2009, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. On May 3, 2010, the Exchange filed Amendment 1 to the
proposed rule change, and on July 30, 2010, the Exchange filed
Amendment 2 to the proposed rule change.\3\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as modified by Amendment Nos. 1 and 2, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment 2 replaces Amendment 1 and the original filing in
their entireties.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE requests approval to establish a pilot program that would
permit P.M.-settled options on broad-based indexes that expire on: (a)
Any Friday of the month, other than the third Friday-of-the-month
(``End of Week Expirations''), and (b) the last trading day of the
month (``End of Month Expirations''). The text of the rule proposal is
available on the Exchange's Web site (http://www.cboe.org/legal), at
the Exchange's Office of the Secretary, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    Amendment 2 replaces Amendment 1 and the original filing in their
entireties. The purpose of Amendment 2 is to broaden the definition of
End of Week Expirations to include any Friday of the month, other than
the third Friday-of-the-month.
    The purpose of this filing is to establish a pilot program that
would permit P.M.-settled options on broad-based indexes to expire on
(a) any Friday of the month, other than the third Friday-of-the-month
(``End of Week Expirations'' or ``EOWs''), and (b) the last trading day
of the month (``End

of Month Expirations'' or ``EOMs'').\4\ For example, if EOWs and EOMs
were currently listed, the expiration dates for October 2010 would be:
October 1 (EOW), October 8 (EOW), October 15 (standard), October 22
(EOW) and October 29 (EOM).\5\ Under the End of Week/End of Month
Expirations Pilot Program (``Program''), EOWs and EOMs will be
permitted on any broad-based index that is eligible for regular options
trading. EOWs and EOMs will be cash-settled and have European-style
exercise.
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    \4\ If the last trading day of the month is a Friday, the
Exchange will list an End of Month expiration series and not an End
of Week expiration.
    \5\ See Rule 24.9(a)(2) for specific rule governing the
expiration months that may be listed for index options. CBOE does
not intend to list EOWs or EOMs that would expire on Exchange
holidays.
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    The proposal will become effective on a pilot basis for a period
fourteen months to commence on the next full month after approval is
received to establish the Program. If the Exchange were to propose an
extension of the Program or should the Exchange to propose to make the
Program permanent, then the Exchange would submit a filing proposing
such amendments to the Program. Any positions established under the
Program would not be impacted by the expiration of the Pilot. For
example, if the Exchange lists an EOW or EOM expiration that expires
after the Program expires (and is not extended) then those positions
would continue to exist. However, any further trading in those series
would be restricted to transactions where at least one side of the
trade is a closing transaction.\6\
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    \6\ The Exchange intends to address this point in a circular to
members should the Exchange receive approval to establish the
Program.
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    To implement the Pilot as described above, the Exchange is
proposing to add new subparagraph (e) to Rule 24.9 to expressly provide
the Exchange with the ability to list P.M.-settled EOWs and EOMs on
broad-based indexes eligible for options trading. The amendment to Rule
24.9 will also set forth that the duration of the Program will be
effective for a period of fourteen months from the next full month from
approval.
    EOMs and EOWs will be subject to the same rules that currently
govern the trading of traditional index options, including sales
practice rules, margin requirements, and floor trading procedures.
Contract terms for EOWs and EOMs will be similar to regular index
options, with one general exception: the exercise settlement value will
be based on the index value derived from the closing prices of
component stocks.
    Since EOWs and EOMs will be a new type of series and not a new
class, the Exchange proposes that EOWs and EOMs on the same broad-based
index (e.g., of the same class) shall be aggregated for position limits
(if any) and any applicable reporting and other requirements.\7\ The
Exchange is proposing to add ``EOWs'' and ``EOMs'' to Rule 24.4(b) to
reflect the aggregation requirement. This proposed aggregation is
consistent the aggregation requirements for other types of option
series (e.g., QOS, QIXs) that are listed on the Exchange and which do
not expire on the customary ``third Saturday.\8\''
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    \7\ See e.g., Rule 4.13, Reports Related to Position Limits and
Interpretation and Policy .03 to Rule 24.4 which sets forth the
reporting requirements for certain broad-based indexes that do not
have position limits.
    \8\ As will be discussed in detail below, the Exchange trades
structured quarterly and short term options. FLEX Options do not
become fungible with subsequently introduced Non-FLEX structured
quarterly and short term options. See Securities Exchange Act
Release No. 59675 (April 1, 2009), 74 FR 15794 (April 7, 2009) (SR-
OCC-2009-05). Because of the similarities between EOW and EOM
expirations and existing structured quarterly and short term
options, FLEX Options will similarly not become fungible with EOW
and EOM expirations listed for trading.
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    Annual Program Report:
    As part of the Program, the Exchange will submit a Program report
to the Securities and Exchange Commission (``Commission'') at least two
months prior to the expiration date of the Program (the ``annual
report''). As described below, the annual report will contain an
analysis of volume, open interest and trading patterns. In addition,
for series that exceed certain minimum open interest parameters, the
annual report would provide analysis of index price volatility and, if
needed, share trading activity. The annual report will be provided to
the Commission on a confidential basis.
    Analysis of Volume and Open Interest:
    For EOW and EOM series, the annual report will contain the
following volume and open interest data for each broad-based index
overlying EOW and EOM options:
    (1) Monthly volume aggregated for all EOW and EOM series,
    (2) Volume in EOW and EOM series aggregated by expiration date,
    (3) Month-end open interest aggregated for all EOW and EOM series,
    (4) Month-end open interest for EOM series aggregated by expiration
date and week-ending open interest for EOW series aggregated by
expiration date,
    (5) Ratio of monthly aggregate volume in EOW and EOM series to
total monthly class volume, and
    (6) Ratio of month-end open interest in EOM series to total month-
end class open interest and ratio of week-ending open interest in EOW
series to total week-ending open interest.
    In addition, the annual report will contain the information noted
above for standard Expiration Friday, AM-settled series, if applicable
\9\, for the period covered in the pilot report as well as for the six-
month period prior to the initiation of the pilot.
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    \9\ Standard OEX & XEO option series are P.M.-settled.
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    Upon request by the SEC, CBOE will provide a data file containing:
(1) EOW and EOM option volume data aggregated by series, and (2) EOW
week-ending open interest for expiring series and EOM month-end open
interest for expiring series.
    Monthly Analysis of EOW & EOM Trading Patterns:
    In the annual report, CBOE also proposes to identify EOW and EOM
trading patterns by undertaking a time series analysis of open interest
in EOW and EOM series aggregated by expiration date compared to open
interest in near-term standard Expiration Friday A.M.-settled series in
order to determine whether users are shifting positions from standard
series to EOW and EOM series. Declining open interest in standard
series accompanied by rising open interest in EOW and EOM series would
suggest that users are shifting positions.
    Provisional Analysis of Index Price Volatility and Share Trading
Activity:
    For each EOW and EOM Expiration that has open interest that exceeds
certain minimum thresholds, the annual report will contain the
following analysis related to index price changes and, if needed,
underlying share trading volume at the close on expiration dates:
    (1) A comparison of index price changes at the close of trading on
a given expiration date with comparable price changes from a control
sample. The data will include a calculation of percentage price changes
for various time intervals and compare that information to the
respective control sample. Raw percentage price change data as well as
percentage price change data normalized for prevailing market
volatility, as measured by the CBOE Volatility Index (``VIX''), will be
provided; and
    (2) if needed, a calculation of share volume for a sample set of
the component securities representing an upper limit on share trading
that could be attributable to expiring in-the-money EOW and EOM
expirations. The data, if needed, will include a comparison of the
calculated share volume for securities in the sample set to the

average daily trading volumes of those securities over a sample period.
    The minimum open interest parameters, control sample, time
intervals, method for selecting the component securities, and sample
periods will be determined by the Exchange and the Commission.
    Discussion:
    In support of this proposal, the Exchange states that it trades
other types of series and FLEX Options \10\ that expire on different
days than regular options and in some cases have P.M.-settlement. For
example, since 1993 the Exchange has traded Quarterly Index Expirations
(``QIXs'') that are cash-settled options on certain broad-based indexes
which expire on the first business day of the month following the end
of a calendar quarter and are P.M.-settled.\11\ The Exchange also
trades Quarterly Option Series (``QOS'') that overlie exchange traded
funds (``ETFs'') or indexes which expire at the close of business on
the last business day of a calendar quarter and are P.M.-settled.\12\
The Exchange has experience with these special dated options and has
not observed any market disruptions resulting from the P.M.-settlement
feature of these options. The Exchange does not believe that any market
disruptions will be encountered with the introduction of P.M.-
settlement EOM expirations, which will effectively permit the Exchange
to fill in the remaining eight calendar months with series that expire
on the last trading day of the month.
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    \10\ See Securities Exchange Act Release No. 61439 (January 28,
2010), 75 FR 5831 (February 4, 2010) (SR-CBOE-2009-087) (order
approving rule change to establish a pilot program to modify FLEX
option exercise settlement values and minimum value sizes).
    \11\ See Rule 24.9(c).
    \12\ See Rules 5.5(e) and 24.9(a)(2)(B).
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    The Exchange trades Short Term Option Series that may overlie any
security approved for listing and trading on the Exchange and which are
opened for trading on any Friday that is a business day and that expire
on the next Friday that is a business day.\13\ These existing Short
Term Option Series, however, are A.M.-settled and only have a contract
duration of a single week. The Exchange seeks to introduce P.M.-settled
EOW expirations to provide market participants with a tool to hedge
special events and to reduce the premium cost of buying protection.
Currently, the Exchange believes that market participants may be paying
for more protection than needed if they are seeking to hedge weekend or
special event risk that occurs. The Exchange believes that an EOW
expiration would allow market participants to purchase an option based
on their needed timing and allow them to tailor their investment or
hedging needs more effectively. In addition, because P.M.-settlement
permits trading throughout the day on the day the contract expires, the
Exchange believes this feature will permit market participants to more
effectively manage overnight risk and trade out of their positions up
until the time the contract settles.
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    \13\ See Rules 5.5(d) and 24.9(a)(2)(A).
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    Finally, the Exchange considers this proposal to be a competitive
rule filing. Specifically, a futures exchange has the ability to list
options on broad-based index futures that expire on the first and
second Fridays of the month. In addition, the same futures exchange
lists end-of-month options on broad-based index futures that expire on
the last trading day of the month.\14\ As a result, that futures
exchange is able to provide four expirations for each month for certain
broad-based indexes, on which CBOE similarly trades security
options.\15\ The Exchange believes that the introduction of EOW and EOM
expirations will enable the Exchange to compete more effectively with
the futures markets.
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    \14\ The options have European-style exercise and at expiration
settle into a futures contract.
    \15\ Those indexes are the S&P 500 Index (``SPX'') and the Mini-
SPX Index.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act\16\ and the rules and regulations thereunder and, in
particular, the requirements of Section 6(b) of the Act.\17\
Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5)\18\ requirements that the rules of
an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest interest [sic], by expanding the ability of
investors to hedge risks against market movements stemming from
economic releases or market events that occur throughout the month.
Accordingly, the Exchange believes that EOWs and EOMs should create
greater trading and hedging opportunities and flexibility, and provide
customers with the ability to more closely tailor their investment
objectives.
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    \16\ 15 U.S.C. 78s(b)(1).
    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change 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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the 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 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 No. SR-CBOE-2009-075 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File No. SR-CBOE-2009-075. 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 Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of CBOE.
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 No. SR-CBOE-2009-075 and
should be submitted on or before September 2, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19853 Filed 8-11-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Notices]
[Page 64208-64210]
[DOCID:fr15no07-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. CP07-447-000]

Northern Natural Gas Company; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Ogden Compressor Replacement
Project and Request for Comments on Environmental Issues

November 7, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Ogden Compressor Replacement
Project involving the abandonment of two compressor units by Northern
Natural Gas Company (Northern) from an existing compressor station in
Boone County, Iowa, and installation of a compressor unit at an
existing compressor station within a gas storage field in Dallas
County, Iowa.\1\ This EA will be used by the Commission in its
decision-making process to determine whether the project is in the
public convenience and necessity.
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    \1\ Northern's application was filed with the Commission under
section 7 of the Natural Gas Act.
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    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice that Northern provided to landowners with a residence
within \1/2\-mile of the proposed facilities. This fact sheet addresses
a number of typically asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings. It is
available for viewing on the FERC Internet Web site (http://www.ferc.gov
).

Summary of the Proposed Project

    Northern is proposing to optimize its ability to transport gas to
and from the Redfield Gas Storage Field in Dallas County, Iowa by
decreasing the amount of horsepower (hp) at the Ogden Compressor
Station (Ogden) in Boone County, Iowa, and increasing the amount of hp
at the Redfield Compressor Station (Redfield) in Dallas County, Iowa.
Northern is proposing to abandon-in-place two 1,600-hp horizontal
reciprocating compressor units at Ogden and install one 1,400-hp
vertical reciprocating compressor unit at Redfield. The location of the
project facilities is shown in Appendix 1.\2\
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    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices, other
than Appendix 1 (maps), are available on the Commission's Web site
at the ``eLibrary'' link or from the Commission's Public Reference
Room, 888 First Street, NE., Washington, DC 20426, or call (202)
502-8371. For instructions on connecting to eLibrary refer to the
last page of this notice. Copies of the appendices were sent to all
those receiving this notice in the mail.

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Land Requirements for Construction

    Construction of the proposed facilities would require about 2.1
acres of land within the existing compressor station yards.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as ``scoping''. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this Notice of Intent, the Commission staff
requests public comments on the scope of the issues to address in the
EA. All comments received are considered during the preparation of the
EA. State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
    In the EA we \3\ will discuss impacts that could occur as a result
of the construction and operation of the proposed project under these
general headings:
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    \3\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
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     Geology and soils.
     Land use.
     Water resources, fisheries, and wetlands.
     Cultural resources.
     Vegetation and wildlife.
     Air quality and noise.
     Endangered and threatened species.
     Hazardous waste.
     Public safety.
    We will also evaluate possible alternatives to the proposed project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to federal, state, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission.
    To ensure your comments are considered, please carefully follow the
instructions in the public participation section below.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the
proposal, alternatives to the proposal, and measures to avoid or lessen
environmental impact. The more specific your comments, the more useful
they will be. Please carefully follow these instructions to ensure that
your comments are received in time and properly recorded:
     Send an original and two copies of your letter to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas
Branch 3.
     Reference Docket No. CP07-447-000.
     Mail your comments so that they will be received in
Washington, DC on or before December 12, 2007.
    The Commission strongly encourages electronic filing of any
comments or interventions or protests to this proceeding. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov under the ``e-Filing'' link and the link to the

User's Guide. Before you can file comments you will need to create a
free account which can be created on-line.
    We may mail the EA for comment. If you are interested in receiving
it, please return the Information Request (Appendix 3). If you do not
return the Information Request, you will be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding, or ``intervenor''. To
become an intervenor you must file a motion to intervene according to
Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR
385.214). Intervenors have the right to seek rehearing of the
Commission's decision. Motions to Intervene should be electronically
submitted using the Commission's eFiling system at http://www.ferc.gov.

Persons without Internet access should send an original and 14 copies
of their motion to the Secretary of the Commission at the address
indicated previously. Persons filing Motions to Intervene on or before
the comment deadline indicated above must send a copy of the motion to
the Applicant. All filings, including late interventions, submitted
after the comment deadline must be served on the Applicant and all
other intervenors identified on the Commission's service list for this
proceeding. Persons on the service list with e-mail addresses may be
served electronically; others must be served a hard copy of the filing.
    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who own
homes within distances defined in the Commission's regulations of
certain aboveground facilities. By this notice we are also asking
governmental agencies, especially those in Appendix 2, to express their
interest in becoming cooperating agencies for the preparation of the
EA.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all

formal issuances and submittals in specific dockets. This can reduce
the amount of time you spend researching proceedings by automatically
providing you with notification of these filings, document summaries
and direct links to the documents. Go to http://www.ferc.gov/esubscribenow.htm
.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
 along with other related information.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-22291 Filed 11-14-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19333-19334]
[FR Doc No: 2011-8248]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC11-725B-001]

Commission Information Collection Activities (FERC-725B); Comment
Request; Submitted for OMB Review

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission or FERC) has submitted the
information collection described below to the Office of Management and
Budget (OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission issued a Notice in the Federal Register (75 FR 65618,
10/26/http://www.nerc.com/page.php?cid=2|2010) requesting public comments. FERC received no comments on
the FERC-725B and has made this notation in its submission to OMB. OMB
only makes a decision after the 30-day comment period for this notice
has expired.

DATES: Comments on the collection of information are due by May 9,http://www.nerc.com/page.php?cid=2|20 2011.

ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o<EMAIL_ADDRESS>and include OMB Control Number 1902-0248 for
reference. The Desk Officer may be reached by telephone athttp://www.nerc.com/page.php?cid=2|20 202-395-
4638.
    A copy of the comments should also be sent to: Federal Energy
Regulatory Commission, Secretary of the Commission, 888 First Street,
NE., Washington, DChttp://www.nerc.com/page.php?cid=2|20 20426. Comments may be filed either on paper or on
CD/DVD, and should refer to Docket No. IC11-725B-001. Documents must be
prepared in an acceptable filing format and in compliance with
Commission submission guidelines at http://www.ferc.gov/help/submission-guide.asp. eFiling and eSubscription are not available for
Docket No. IC11-725B-001, due to a system issue.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the ``eLibrary'' link. For user
assistance, contact<EMAIL_ADDRESS>or toll-free at (866)http://www.nerc.com/page.php?cid=2|20 208-3676, or for TTY, contact (http://www.nerc.com/page.php?cid=2|202) 502-8659.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by e-mail
at<EMAIL_ADDRESS>by telephone at (http://www.nerc.com/page.php?cid=2|202) 502-8663, and by fax
at (http://www.nerc.com/page.php?cid=2|202) 273-0873.

SUPPLEMENTARY INFORMATION: The information collected by the FERC-725B,
Reliability Standards for Critical Infrastructure Protection (OMB
Control No. 1902-0248), is required to implement the statutory
provisions of section 215 of the Federal Power Act (FPA) (16 U.S.C.
824o). On January 18,http://www.nerc.com/page.php?cid=2|20 2008, the Commission issued order 706, approving
eight Critical Infrastructure Protection (CIP) Reliability Standards
submitted by the North American Electric Reliability Corporation (NERC)
for Commission approval.\1\
---------------------------------------------------------------------------

    \1\ CIP-002-1, CIP-003-1, CIP-004-1, CIP-005-1, CIP-006-1, CIP-
007-1, CIP-008-1, and CIP-009-1.
---------------------------------------------------------------------------

    The CIP Reliability Standards require certain users, owners, and
operators of the Bulk-Power System to comply with specific requirements
to safeguard critical cyber assets.\2\ These standards help protect the
nation's Bulk-Power System against potential disruptions from cyber
attacks.\3\ The CIP Reliability Standards include one actual reporting
requirement and several recordkeeping requirements. Specifically, CIP-
008-1 requires responsible entities to report cyber security incidents
to the Electricity Sector-Information Sharing and Analysis Center (ES-
ISAC). In addition, the eight CIP Reliability Standards require
responsible entities to develop various policies, plans, programs, and
procedures.\4\
---------------------------------------------------------------------------

    \2\ In addition, in accordance with section 215(d)(5) of the
FPA, the Commission proposed to direct NERC to develop modifications
to the CIP Reliability Standards to address specific concerns
identified by the Commission.
    \3\ For a description of the CIP Reliability Standards, see the
Critical Infrastructure Protection Section on NERC's Web site at
http://www.nerc.com/page.php?cid=2|20[verbarrm]http://www.nerc.com/page.php?cid=2|20.
    \4\ The October notice issued in this docket contains more
information on the reporting requirements and can be found at http://elibrary.ferc.gov/idmws/File_list.asp?document_id=13857625. The
full text of the standards can be found on NERC's Web site at http://www.nerc.com/page.php?cid=2|20[verbarrm]http://www.nerc.com/page.php?cid=2|20.
---------------------------------------------------------------------------

    The CIP Reliability Standards do not require a responsible entity
to report to the Commission, ERO or Regional Entities, the various
policies, plans, programs and procedures. However, a showing of the
documented policies, plans, programs and procedures is required to
demonstrate compliance with the CIP Reliability Standards.
    Action: The Commission is requesting a three-year extension of the
existing collection with no changes to the requirements.
    Burden Statement: The extent of the reporting burden is influenced
by the number of identified critical assets and related critical cyber
assets pursuant to CIP-002. An entity identifying one or more critical
cyber assets, including assets located at remote locations, will likely
require more resources to demonstrate compliance with the CIP
Reliability Standards compared to an entity that identifies no critical
assets. The Commission has developed

estimates using data from NERC's compliance registry as well as ahttp://www.nerc.com/page.php?cid=2|20 2009
survey that was conducted by NERC to asses the number of entities
reporting Critical Cyber Assets.

----------------------------------------------------------------------------------------------------------------
                                                                                Average
                                                     Number of        Average        number of
                 Data collection                    respondents      number of     burden hours    Total annual
                                                        \5\        responses per   per response        hours
                                                                    respondent          \6\
----------------------------------------------------------------------------------------------------------------
                                                             (1)             (2)             (3)     (1) x (2) x
                                                                                (3)
----------------------------------------------------------------------------------------------------------------
FERC-725B:
    Estimate of U.S. Entities that have                      345               1             3http://www.nerc.com/page.php?cid=2|20         110,400
     identified Critical Cyber Assets...........
    Estimate of U.S. Entities that have not                1,156               1               8           9,248
     identified Critical Cyber Assets...........
    New U.S. Entities that have to come into                  *6               1           1,176           7,056
     compliance with the CIP Standards \7\......
                                                 ---------------------------------------------------------------
        Totals..................................           1,501  ..............  ..............         126,704
----------------------------------------------------------------------------------------------------------------
* not included in the 1,501 total because it is assumed that on average, six entities per year will no longer
  have to comply with the CIP standards.

    The total estimated annual cost burden to respondents is:
---------------------------------------------------------------------------

    \5\ The NERC Compliance Registry as of 9/28/http://www.nerc.com/page.php?cid=2|2010 indicated thathttp://www.nerc.com/page.php?cid=2|20 2079 entities were registered for NERC's compliance program. Of
these,http://www.nerc.com/page.php?cid=2|20 2057 were identified as being U.S. entities. Staff concluded
that of thehttp://www.nerc.com/page.php?cid=2|20 2057 U.S. entities, only 1501 were registered for at
least one CIP related function. According to an April 7,http://www.nerc.com/page.php?cid=2|20 2009 memo
to industry, NERC's VP and Chief Security officer noted that only
31% of entities responded to an earlier survey and reported that
they had at least one Critical Asset, and only 23% reported having a
Critical Cyber Asset. Staff applied the 23% reporting to the 1501
figure to obtain an estimate. The 6 new entities listed here are
assumed to match a similar set of 6 entities that would drop out in
an existing year. Thus, the net estimate of respondents remains at
1501 per year.
    \6\ This figure relates to NERC's audit schedule which requires
NERC to engage in a compliance Audit once every 3 to 5 years. For
simplicity, staff has divided the total number of hours by 3 to
reflect the amount of time annually spent preparing documents. Staff
assumed that each CIP audit or spot check would require four
individuals 6 weeks to prepare and demonstrate compliance with CIP
standards for entities that have identified Critical Cyber Assets.
Staff estimated that entities that do not have Critical Cyber Assets
would still be required to demonstrate compliance with CIP-002,
which would require one individual approximately three days to
execute.
    \7\ This category of respondents (with the corresponding burden)
was not included in the 60-day public notice due to an oversight by
Commission staff.
---------------------------------------------------------------------------

     Entities that have identified Critical Assets = 110,400
hours@$96 = $10,598,400.
     Entities that have not identified Critical Assets = 9,248
hours@$96 = $887,808.
     Storage Costs for Entities that have identified Critical
Assets \8\ = 315<EMAIL_ADDRESS>= $4,804.
---------------------------------------------------------------------------

    \8\ This cost category was not included in the 60-day public
notice due to an oversight by Commission staff.

The hourly rate of $96 is the average cost of legal services ($230 per
hour), technical employees ($40 per hour) and administrative support
($18 per hour), based on hourly rates from the Bureau of Labor
Statistics (BLS) and thehttp://www.nerc.com/page.php?cid=2|20 2009 Billing Rates and Practices Survey
Report.\9\ The $15.25 rate for storage costs for each entity is an
estimate based on the average costs to service and store 1 GB of data
to demonstrate compliance with the CIP standards.\10\
---------------------------------------------------------------------------

    \9\ Bureau of Labor Statistics figures were obtained from http://www.bls.gov/oes/current/naics2_22.htm, andhttp://www.nerc.com/page.php?cid=2|20 2009 Billing Rates
figure were obtained from http://www.nerc.com/page.php?cid=2|2009/07/average_hourly_rate_for_lawyer.html">http://www.marylandlawyerblog.com/http://www.nerc.com/page.php?cid=2|2009/07/average_hourly_rate_for_lawyer.html. Legal services were based
on the national average billing rate (contracting out) from the
above report and BLS hourly earnings (in-house personnel). It is
assumed that 25% of respondents have in-house legal personnel.
    \10\ Based on the aggregate cost of an IBM advanced data
protection server.
---------------------------------------------------------------------------

    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collections of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g. permitting electronic submission of
responses.

    Dated: March 31,http://www.nerc.com/page.php?cid=2|20 2011.
Kimberly D. Bose,
Secretary.
[FR Doc.http://www.nerc.com/page.php?cid=2|20 2011-8248 Filed 4-6-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Proposed Rules]
[Pages 37194-37198]
[FR Doc No: 2023-11881]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number: USCG-2023-0308]
RIN 1625-AA08

Special Local Regulation; Henderson Bay, Henderson Harbor, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a permanent special
local regulation for certain waters of

Henderson Bay in Henderson Harbor, NY, in support of the Christmas in
July festival. This action is necessary to provide for the safety of
life on these navigable waters near Henderson Bay, Henderson Harbor,
NY, during a boat parade. This proposed rulemaking would prohibit
persons and vessels from entering, transiting through, anchoring,
blocking, or loitering within the event area adjacent to the city of
Henderson Harbor, unless authorized by the Captain of the Port Buffalo
or a designated representative. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before July 7, 2023.

ADDRESSES: You may submit comments identified by docket number Docket:
USCG-2023-0308 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Andrew Nevenner, Waterways
Management Division MSD Massena, U.S. Coast Guard; telephone 315-769-
5483, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 16, 2023, the Henderson Business and Community Council
notified the Coast Guard of an intention to conduct the ``Christmas in
July'' boat parade in Henderson Bay. Christmas in July is an annual
event in July occurring on or near the last weekend of July. The
special local regulation area will occur from 5 p.m. through 9 p.m. and
cover all waters within a moving zone that encompasses a 50 yard buffer
zone ahead of the lead vessel, 50 yards astern of the last
participating vessel, and 50 yards on each side of the parade vessels
as it travels the parade route. The parade will start at Waterside
Tavern dock at point 43[deg]51'44'' N 76[deg]12'07.3'' W and running
north adjacent to the shore to point 43[deg]52'12.2'' N
76[deg]11'32.7'' W, continuing northwest to point 43[deg]53'40.9'' N
76[deg]12'40.6'' W and running south adjacent to the shore to point
43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending at the starting position
at point 43[deg]51'44'' N 76[deg]12'07.3'' W. The event is expected to
draw a high concentration of vessels to Henderson Bay along the
proposed parade route. The Coast Guard is establishing this special
local regulation to minimize any potential impact to recreational
boaters in the area. This regulation is necessary to ensure the safety
of individuals, property, and the marine environment on the navigable
waters of Henderson Bay during this event.
    The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a permanent special local
regulation for the annual ``Christmas in July'' festival on the final
weekend of July. The special local regulation area will occur from 5
p.m. through 9 p.m. and cover all waters within a moving zone that
encompasses a 50 yard buffer zone ahead of the lead vessel, 50 yards
astern of the last participating vessel, and 50 yards on each side of
the parade vessels as it travels the parade route. The parade will
start at Waterside Tavern dock at point 43[deg]51'44.0'' N
76[deg]12'07.3'' W and running north adjacent to the shore to point
43[deg]52'12.2'' N 76[deg]11'32.7'' W, continuing northwest to point
43[deg]53'40.9'' N 76[deg]12'40.6'' W and running south adjacent to the
shore to point 43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending at the
starting position at point 43[deg]51'44.0'' N 76[deg]12'07.3'' W. The
duration of the special local regulation area is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 5 p.m. through 9 p.m. event. Spectators may contact the
Coast Guard Patrol Commander to request permission to pass through the
regulated area. If permission is granted, spectators must pass directly
through the regulated area at a safe speed without loitering. The
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, and duration of the special local regulation. Vessel traffic
would be able to safely transit around this special local regulation,
which would impact a small-designated area of Henderson Bay. Moreover,
the Coast Guard would issue a Local Notice to Mariners about the areas,
and the rule would allow vessels to seek permission to enter the areas.

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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER

INFORMATION CONTACT section. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email 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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 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 proposed rule involves a special
local regulation that would prohibit persons and vessels from
transiting the regulated area during the parade. Normally such actions
are categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0308 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
    We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. In Sec.  100.901, amend Table [1] by adding ``Christmas in July'' to
read as follows:

Sec.  100.901  Great Lakes annual marine events.

* * * * *

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

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

                              * * * * * * *
                           Sector Buffalo, NY:

                           Fireworks by Grucci

Sponsor: New York Power Authority.......................................
Date: Last weekend of July..............................................
Location: Lake Ontario, Wright's Landing/Oswego Harbor, NY within an 800
 foot radius of the fireworks launching platform located in approximate
 position 43[deg]28'10'' N 076[deg]31'04'' W..

               Flagship International Kilo Speed Challenge

Sponsor: Presque Isle Powerboat Racing Association......................
Date: 3rd or 4th weekend of June........................................
Location: That portion of Lake Erie, Presque Isle Bay, south of a line
 drawn from 42[deg]08'54'' N 080[deg]05'42'' W; to 42[deg]07' N
 080[deg]21' W will be a regulated area. That portion of Lake Erie,
 Presque Isle bay, north of a line drawn from 42[deg]08'54'' N
 080[deg]05'42'' W; to 42[deg]07' N 080[deg]21' W will be a ``caution
 area''. All vessels transiting the caution area will be operated at
 bare steerageway, keeping the vessel's wake at a minimum, and will
 exercise a high degree of caution in the area. The bay entrance will
 not be effected..

                Flagship International Offshore Challenge

Sponsor: Presque Isle Powerboat Racing Association......................
Date: 3rd or 4th weekend of June........................................
Location: That portion of Lake Erie, Presque Isle Bay, Entrance Channel,
 and the enclosed area from Erie Harbor Pier Head Light (LLNR 3430)
 northeast to 42[deg]12'48'' N 079[deg]57'24'' W, thence south to shore
 just east of Shades Beach..

                       Friendship Festival Airshow

Sponsor: Friendship Festival............................................
Date: 4th of July holiday...............................................
Location: That portion of the Niagara River and Buffalo. Harbor from:...

             Latitude                             Longitude

42[deg]54.4' N....................  078[deg]54.1' W, thence to
42[deg]54.4' N....................  078[deg]54.4' W, thence along the
                                     International Border to
42[deg]52.9' N....................  078[deg]54.9' W, thence to
42[deg]52.5' N....................  078[deg]54.3' W, thence to
42[deg]52.7' N....................  078[deg]53.9' W, thence to
42[deg]52.8' N....................  078[deg]53.8' W, thence to
42[deg]53.1' N....................  078[deg]53.6' W, thence to
42[deg]53.2' N....................  078[deg]53.6' W, thence to
42[deg]53.3' N....................  078[deg]53.7' W, thence along the
                                     breakwall to
42[deg]54.4' N....................  078[deg]54.1' W.

                     NFBRA Red Dog Kilo Time Trials

Sponsor: Niagara Frontier Boat Racing Association.......................
Date: 4th or 5th weekend of September...................................
Location: That portion of the Niagara River, Tonawanda Channel, between
 Tonawanda Channel Buoy 31 to approximately \1/2\ mile southwest of
 Twomile Creek along a line drawn from 43[deg]00'45'' N 078[deg]55'06''
 W to 43[deg]00'28'' N 078[deg]54'56'' W (Sipco Oil Company)..

                     Sodus Bay 4th of July Fireworks

Sponsor: Sodus Bay Historical Society...................................
Date: 4th of July holiday...............................................
Location: Lake Ontario, within a 500 foot radius around a barge anchored
 in approximate position 43[deg]15.73' N 076[deg]58.23' W, in Sodus Bay..

                              Tallship Erie
Sponsor: Erie Maritime Programs, Inc....................................
Date: 1st or 2nd weekend of July........................................
Location: That portion of Lake Erie, Presque Isle Bay Entrance Channel
 and Presque Isle Bay from:.

             Latitude                             Longitude

42[deg]10' N......................  080[deg]03' W, thence to
42[deg]08.1' N....................  080[deg]07' W, thence to
42[deg]07.9' N....................  080[deg]06.8' W, thence east along
                                     the shoreline and structures to:
42[deg]09.2' N....................  080[deg]02.6' W, thence to
                                     080[deg]03' W.
42[deg]10' N......................

                Thomas Graves Memorial Fireworks Display

Sponsor: Port Bay Improvement Association...............................
Date: 1st or 2nd weekend of July........................................
Location: That portion of Lake Ontario, Port Bay Harbor, NY within a 500
 ft radius surrounding a barge anchored in approximate position
 43[deg]17'46'' N 076[deg]50'02'' W..

                    Thunder Island Offshore Challenge

Sponsor: Thunder on the Water Inc.......................................
Date: 3rd or 4th weekend of June........................................
Location: That portion of Lake Ontario, Oswego Harbor from the West Pier
 Head Light (LLNR 2080) north to:.

             Latitude                             Longitude

43[deg]29'02'' N..................  076[deg]32'04'' W, thence to
43[deg]26'18'' N..................  076[deg]39'30'' W, thence to

43[deg]24'55'' N..................  076[deg]37'45'' W, thence along the
                                     shoreline to the West Pier Head
                                     Light (LLNR 2080).

                       We Love Erie Days Fireworks

Sponsor: We Love Erie Days Festival, Inc................................
Date: 3rd weekend of August.............................................
Location: That portion of Lake Erie, Erie Harbor, within a 300 foot
 radius, surrounding the Erie Sand and Gravel Pier, located in position
 42[deg]08'16'' N 080[deg]05'40'' W..

                            Christmas in July

Sponsor: Henderson Business and Community Council.......................
Date: Final weekend of July.............................................
Location: The special local regulation area will cover all waters within
 a moving zone that encompasses a 50 yard buffer zone ahead of the lead
 vessel, 50 yards astern of the last participating vessel, and 50 yards
 on each side of the parade vessels as it travels the parade route
 starting at point 43[deg]51'44'' N 76[deg]12'07.3'' W and running north
 adjacent to the shore to point 43[deg]52'12.2'' N 76[deg]11'32.7'' W,
 continuing northwest to point 43[deg]53'40.9'' N 76[deg]12'40.6'' W and
 running south adjacent to the shore to point 43[deg]51'47.2'' N
 76[deg]14'08.3'' W, ending at the starting position at point
 43[deg]51'44.0'' N 76[deg]12'07.3'' W..

             Latitude                             Longitude

43[deg]51'44'' N..................  076[deg]12'07.3'' W, thence to
43[deg]52'12.2'' N................  076[deg]11'32.7'' W, thence to
43[deg]53'40.9'' N................  076[deg]14'08.3'' W, thence along
                                     the shoreline to end at the
                                     starting position.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 100.901 reference Datum NAD 1983.
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates
  and times for each of the listed events in this table are subject to
  change. In the event of a change, or for enforcement periods listed
  that do not allow a specific date or dates to be determined, the
  Captain of the Port will provide notice to the public by publishing a
  Notice of Enforcement in the Federal Register, as well as, issuing a
  Broadcast Notice to Mariner.

    May 30, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-11881 Filed 6-6-23; 8:45 am]
BILLING CODE 9110-04-P