[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Notices]
[Page 46136]
[DOCID:fr07au08-127]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Newark Liberty International Airport Slots; Request for Bids

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of availability.

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SUMMARY: The FAA plans to auction a lease for a package of slots at
Newark Liberty International Airport on September 3, 2008. If you are
interested in participating in the auction, commenting on the planned
auction procedures or draft lease terms, you will be able to find
additional information and procedures for providing comments at http://
faaco.faa.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Wharff, Federal Aviation
Administration, Office of Aviation Policy and Plans, 800 Independence
Avenue, SW., Washington, DC 20591; telephone:<PHONE_NUMBER>; His e-mail
is<EMAIL_ADDRESS>
    Issued in Washington, DC, on August 5, 2008.
Nan Shellabarger,
Acting Deputy Assistant Administrator for Policy, Planning, and
Environment.
[FR Doc. E8-18356 Filed 8-6-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: October 10, 2007 (Volume 72, Number 195)]
[Notices]
[Page 57622-57624]
[DOCID:fr10oc07-129]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56599; File No. SR-NYSE-2007-93]

Self-Regulatory Organizations; New York Stock Exchange, LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
and Amendment No. 1 Thereto Relating to Rule 70 (Bids and Offers) and
Rule 104 (Dealings by Specialists)

October 2, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 28, 2007, the New York Stock Exchange, LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
On October 2, 2007, the Exchange filed Amendment No. 1 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. 1 replaces and supersedes the original filing
in its entirety.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend Exchange Rule 70 (Bids and
Offers) and Exchange Rule 104 (Dealings by Specialists) to reduce the
requirement that a Floor broker and a specialist, respectively, post
1,000 shares of displayed liquidity at the Exchange best bid or offer
in order to use the reserve function. The text of the proposed rule
change is available on the NYSE's Web site (http://www.nyse.com), at

the NYSE, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange seeks to amend Exchange Rules 70.20 and 104(d) to
reduce the requirement that a Floor broker and a specialist,
respectively, post 1,000 shares of displayed liquidity at the Exchange
best bid or offer in order to use the reserve function.
a. Current Ability to Use Reserve Function
    Currently, Floor brokers' interest is represented electronically by
including these orders in a separate file (``Floor broker agency
interest file'') within the Exchange's Display Book system.\4\ Floor
brokers are permitted to place the liquidity representing customer
orders at or outside the best bid or offer on the Exchange (``Exchange
BBO''). Similarly, specialists have the ability to place in a separate
file (``specialist interest file'') within the Display Book system
their dealer interest at prices at or outside the Exchange BBO.
Pursuant to Exchange Rules 70.20 and 104(d), some of the interest in
either of these files that is at the Exchange BBO may, at the choice of
the Floor broker or specialist, be non-displayed interest. That is, the
Floor broker or specialist may decide to hold additional interest in
``reserve'' and not have it be part of the published bid or offer.
Reserve interest is eligible to participate in automatic executions on
the Exchange after displayed interest on that side of the market
trades. Reserve Floor broker interest and specialist interest
participate on parity with each other when trading with contra-side
interest.
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    \4\ The Display Book[supreg] system is an order management and
execution facility. The Display Book system receives and displays
orders to the specialists, contains the Book, and provides a
mechanism to execute and report transactions and publish the results
to the Consolidated Tape. The Display Book system is connected to a
number of other Exchange systems for the purposes of comparison,
surveillance, and reporting information to customers and other
market data and national market systems.
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    Exchange Rules 70.20 and 104(d) further provide that Floor brokers
and specialists, respectively, must display a minimum of 1,000 shares
of interest at the Exchange BBO on the same side of the market in order
to maintain undisplayed reserve interest at that price. For example, if
a Floor broker or specialist were to choose to have non-displayed
interest in their files at the Exchange bid, 1,000 shares must be made
part of the disseminated bid.\5\ Both Rule 70.20 and Rule 104(d)
require that, if an execution occurs that does not exhaust displayed
Floor broker or specialist interest at the Exchange BBO, the displayed
interest would automatically be replenished from any reserve interest
so that at least 1,000 shares (or whatever amount remains if less than
1,000 shares) would be displayed.
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    \5\ Specialists were originally required to have 2,000 shares of
displayed interest at the Exchange BBO in order to have non-
displayed reserve interest. However, on June 30, 2006, the
Commission approved a proposed rule change submitted by the Exchange
to conform the minimum display to that for Floor brokers. See
Securities Act Release No. 54086 (June 30, 2006), 71 FR 38953 (July
10, 2006) (SR-NYSE-2006-24).
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b. Reduction of Minimum Display Requirement
    The Exchange is proposing to reduce the minimum display requirement
that Floor brokers and specialists must meet to one round-lot (for most
stocks, 100 shares) in order to have non-displayed interest in the
Exchange market. The ability to have reserve interest was designed, in
part, to allow Floor brokers flexibility to determine the best way in
which to represent customer orders, especially larger customer orders.
One way in which they can do this is to decide what portion of customer
interest should be displayed based on the Floor broker's sense of the
market in a particular security. The reserve gives customers the
advantage of both auction market and automatic execution capability,
without the risk of missing the market.
    The Exchanges believe that, for specialists, the reserve function
allows the possibility of more liquidity at the best bid or offer price
and facilitation of single-price executions on behalf of customers.
    The Exchange has found that the current display requirement may be
acting as a hindrance to the utilization of Floor broker agency
interest and specialist interest file reserve functionality. For many
stocks traded on the Exchange, 1,000 shares would be a sizeable order
or would represent a sizeable position commitment for a specialist
based on the trading characteristics of the stock. In less active
securities, there would be no ability to use the reserve functionality
since there would not be a sufficient volume of shares available beyond
the current minimum display requirement.
    This can have a compounding effect of inhibiting trading that could
take place if reserves could be available for executions beyond the
displayed

quotation. In addition, the Exchange is aware that concerns associated
with possible signaling of interest have arisen in connection with the
display requirement. The Exchange states that, as trade and quote sizes
have declined on the Exchange,\6\ analysis of displayed amounts or the
absence of a displayed amount can signal that there is no reserve
available and inform a trader or an algorithm that order size can be
limited at a particular price point. Additional interest may then be
priced at higher or lower prices, creating more volatility.
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    \6\ The average size of quotes on the Exchange has declined from
2,146 shares to 1,231 shares in the period from November 2006 to
August 2007. Average execution size has declined from 334 shares to
254 shares during the same period.
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    The Exchange believes that the reduction of the minimum display
requirement will not have a detrimental impact on trading or quoting on
the Exchange. There remains an incentive for displaying interest,
versus non-display of interest, in that displayed interest has priority
in execution over non-displayed interest. Reduction of the display
requirement will also allow Floor brokers and specialists the
flexibility to align their strategies more closely to the trading
characteristics of individual stocks and the market in general without
an imposed minimum of 1,000 shares.
    The Exchange is retaining the ability to automatically replenish
the displayed amount of interest at the Exchange BBO when trades reduce
or exhaust such displayed interest. As is currently the case today, the
displayed quantity will be replenished based on the initial
instructions from the Floor broker or specialist. For example, assume a
Floor broker or specialist had originally placed 2,000 shares in
reserve and had given instructions to maintain 500 shares as a
displayed amount in the quote. If an execution takes place which
reduces the displayed amount to 200 shares, 300 shares would be shifted
from the reserve to replenish the displayed amount. If the reserve
quantity is less than the amount to be displayed, the remainder of the
reserve interest will be displayed in full. In the aforementioned
example, if only 200 shares of the original reserve interest remains,
then the displayed quantity will be replenished by the final 200
shares, bringing the total displayed amount to 400 shares. In this way,
Floor brokers and specialists will have the flexibility to replenish
liquidity that is in keeping with the market need at the specific time
and at that price point. Moreover, if Floor brokers and specialists are
able to display liquidity in keeping with the current trading
characteristics of the security, then there is more incentive for them
to use the reserve function and thus provide additional liquidity to
the market.
    The Exchange further believes that the reduction of the display
requirement to use the reserve function will not adversely impact
current quoted size. The Exchange understands that specialists have not
been using reserves to any great extent and, thus, the reduction of the
minimum display requirement will not have any impact on the displayed
quotes representing specialist interest.
    Lastly, the Exchange is not aware of any other domestic securities
market that has a minimum display requirement for the use of its
reserve function on the same scale as that currently required by the
NYSE, yet many of these markets have sizeable displayed liquidity.\7\
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    \7\ For example, American Stock Exchange (``Amex'') Rule 131(s)-
AEMI (Types of Orders) defines a reserve order and allows the
visible size of the reserve to be ``* * * not less than one lot* *
*''. See also The NASDAQ Stock Market LLC (``Nasdaq'') Rule
4751(e)(3) (defining ``non-displayed order'').
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2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \8\ that the Exchange have rules that
are 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. The proposed rule change also is
designed to support the principles of Section 11A(a)(1) \9\ in that it
seeks to assure economically efficient execution of securities
transactions, make it practicable for brokers to execute investors'
orders in the best market and provide an opportunity for investors'
orders to be executed without the participation of a dealer.
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    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78k-l(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \10\ and
Rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied the five-day pre-filing requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \12\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The NYSE has
requested that the Commission waive the 30-day operative delay. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because NYSE's proposed minimum display requirement for reserve orders
is similar to the minimum display requirement of another exchange.\14\
For these reasons, the Commission designates that the proposed rule
change become operative on October 2, 2007, the date the Exchange filed
Amendment No. 1.\15\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See Amex Rule 131(s)-AEMI. See also Nasdaq Rule 4751(e)(3).
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the

Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.\16\
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    \16\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change, the
Commission considers the period to commence on October 2, 2007, the
date on which the Exchange filed Amendment No. 1.
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2007-93 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2007-93. 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, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2007-93 and should be submitted on or before October 31, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E7-19908 Filed 10-9-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42243-42245]
[FR Doc No: 2023-13886]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0518]
RIN 1625-AA00

Safety Zone; Savannah River 4th of July Fireworks Show, Savannah,
GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters surrounding the Savannah River in Savannah, Georgia, during the
July 4th Fireworks event. The safety zone is necessary to ensure the
safety of participant vessels, spectators, and the general public
during the event. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) Savannah or a designated representative.

DATES: This rule is effective from 9 p.m. until 11 p.m., on July 4,
2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0518 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Alex McConnell, Waterways Management Division,
Marine Safety Unit Savannah, U.S. Coast Guard; telephone<PHONE_NUMBER>,
extension 240, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
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 Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The Coast Guard did not receive final
details of the event until June 8, 2023, and the event is scheduled to
take place on July 4, 2023. The event would begin before the rulemaking
process would be completed. Because of the dangers posed by the
fireworks display, a safety zone is necessary without delay to ensure
the safety of persons, vessels, and the marine environment. It is
impracticable and contrary to the public interest to delay this rule
because it is necessary to protect personnel, vessels, and the marine
environment from potential hazards created by the fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with a fireworks
display adjacent to a major shipping channel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Savannah (COTP) has determined that
potential hazards with the Savannah River July 4th Fireworks event near
downtown Savannah, GA. This rule is necessary to ensure the safety of
the event participants, the general public, vessels and the navigable
waters of Marathon, Florida, during the Savannah River July 4th
Fireworks event.

IV. Discussion of the Rule

    This rule establishes a safety zone on all navigable waters in the
Savannah River adjacent to downtown Savannah, GA, during the Savannah
River, July 4th Fireworks event. The safety zone will be enforced from
9 p.m. to 11 p.m. on July 4, 2023. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by fallout from the July 4th Fireworks display. No person or
vessel will be permitted to enter, transit through, anchor in, or
remain within the safety zone without obtaining permission from the
COTP or a designated representative. If authorization to enter, transit
through, anchor in, or remain within the safety zone is granted by the
COTP or a designated representative, all persons and vessels receiving
such authorization must comply with the instructions of the COTP or a
designated representative. The Coast Guard will provide notice of the
safety zone by Broadcast Notice to Mariners, and/or by on-scene
designated representatives.

V. Regulatory Analyses

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

Executive orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the location,
duration, and time-of-day of the safety zone. This rule involves a
safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable waters of the Savannah River, Savannah, GA, during a
firework display lasting thirty minutes. Although persons and vessels
may not enter, transit through, anchor in, or remain within the zone
without authorization from the COTP or a designated representative,
they will be able to safely transit around the safety zone. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.

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
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
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
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.

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
Directive 023-01, Rev. 1, associated implementing instructions and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable waters of the Savannah River, Savannah, GA during a
firework display lasting thirty minutes. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to 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 in 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 part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T07-0138 to read as follows:

Sec.  165.T07-0138  Safety Zone; 4th of July Fireworks Show, Savannah
River, Savannah, GA.

    (a) Location. The following area is a safety zone: All waters of
the Savannah River, from surface to bottom, bounded by a line drawn
from a point located at 32[deg]05'04'' N, 081[deg]05'46'' W, thence to
32[deg]05'10'' N, 081[deg]05'39'' W, thence to 32[deg]05'04'' N,
081[deg]05'30'' W, thence to 32[deg]04'57'' N, 081[deg]05'34'' W.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port Savannah (COTP) in the enforcement of
the safety zone.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP or a designated
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP by
telephone at<PHONE_NUMBER>, or a designated representative via VHF-FM
radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP Savannah or a designated
representative.
    (3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners via VHF-FM channel 16, and/or by on-scene
designated representatives.
    (d) Enforcement period. This section will be enforced from 9 p.m.
until 11 p.m. on July 4, 2023.

    Dated: June 23, 2023.
Kevin A. Broyles,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2023-13886 Filed 6-29-23; 8:45 am]
BILLING CODE 9110-04-P