[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43079-43084]
[FR Doc No: 2016-15701]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2015-1052]

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

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulations.

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

SUMMARY: The Coast Guard will enforce the events outlined in Tables 1
and 2 taking place throughout the Sector Northern New England Captain
of the Port (COTP) Zone. This action is necessary to protect marine
traffic and spectators from the hazards associated with powerboat
races, regattas, boat parades, rowing and paddling boat races, swim
events, and fireworks displays. During the enforcement period, no
person or vessel may transit this regulated area without approval from
the Captain of the Port or a designated representative.

DATES: The regulations in 33 CFR 100.120 and 33 CFR 165.171 will be
enforced for the Special Local Regulations and Safety Zones identified
in the SUPPLEMENTARY INFORMATION section below for the dates and times
specified.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Chief Chris Bains, Waterways
Management Division, U.S. Coast Guard, Sector Northern New England;
telephone at<PHONE_NUMBER> or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations and safety zones listed in 33 CFR 100.120 and 33 CFR
165.171. These regulations will be enforced for the duration of each
event, on or about the dates indicated in TABLES 1 and 2.

                        Table 1--(33 CFR 100.120)
------------------------------------------------------------------------

------------------------------------------------------------------------
                                  JUNE
------------------------------------------------------------------------
Charlie Begin Memorial Lobster Boat       Event Type: Power Boat
 Races.                                   Race.
                                          Sponsor: Boothbay
                                          Harbor Lobster Boat Committee.
                                          Date: June 18, 2016.
                                          Time: 9:00 a.m. to
                                          2:00 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Boothbay Harbor,
                                          Maine in the vicinity of
                                          John's Island within the
                                          following points (NAD 83):
                                            43[deg]50'04'' N.,
                                             069[deg]38'37'' W.

                                            43[deg]50'54'' N.,
                                             069[deg]38'06'' W.
                                            43[deg]50'49'' N.,
                                             069[deg]37'50'' W.
                                            43[deg]50'00'' N.,
                                             069[deg]38'20'' W.
------------------------------------------------------------------------
Rockland Harbor Lobster Boat Races.....   Event Type: Power Boat
                                          Race.
                                          Sponsor: Rockland
                                          Harbor Lobster Boat Race
                                          Committee.
                                          Date: June 19, 2016.
                                          Time: 10:00 a.m. to
                                          3:00 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Rockland Harbor,
                                          Maine in the vicinity of the
                                          Rockland Breakwater Light
                                          within the following points
                                          (NAD 83):
                                            44[deg]05'59'' N.,
                                             069[deg]04'53'' W.
                                            44[deg]06'43'' N.,
                                             069[deg]05'25'' W.
                                            44[deg]06'50'' N.,
                                             069[deg]05'05'' W.
                                            44[deg]06'05'' N.,
                                             069[deg]04'34'' W.
------------------------------------------------------------------------
Windjammer Days Parade of Ships........   Event Type: Tall Ship
                                          Parade.
                                          Sponsor: Boothbay
                                          Region Chamber of Commerce.
                                          Date: June 29, 2016.
                                          Time: 1:00 p.m. to
                                          3:00 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Boothbay Harbor,
                                          Maine in the vicinity of
                                          Tumbler's Island within the
                                          following points (NAD 83):
                                            43[deg]51'02'' N.,
                                             069[deg]37'33'' W.
                                            43[deg]50'47'' N.,
                                             069[deg]37'31'' W.
                                            43[deg]50'23'' N.,
                                             069[deg]37'57'' W.
                                            43[deg]50'01'' N.,
                                             069[deg]37'45'' W.
                                            43[deg]50'01'' N.,
                                             069[deg]38'31'' W.
                                            43[deg]50'25'' N.,
                                             069[deg]38'25'' W.
                                            43[deg]50'49'' N.,
                                             069[deg]37'45'' W.
------------------------------------------------------------------------
Bass Harbor Blessing of the Fleet         Event Type: Power Boat
 Lobster Boat Race.                       Race.
                                          Sponsor: Tremont
                                          Congregational Church.
                                          Date: June 26, 2016.
                                          Time: 9:00 a.m. to
                                          2:00 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Bass Harbor, Maine
                                          in the vicinity of Lopaus
                                          Point within the following
                                          points (NAD 83):
                                            44[deg]13'28'' N.,
                                             068[deg]21'59'' W.
                                            44[deg]13'20'' N.,
                                             068[deg]21'40'' W.
                                            44[deg]14'05'' N.,
                                             068[deg]20'55'' W.
                                            44[deg]14'12'' N.,
                                             068[deg]21'14'' W.
------------------------------------------------------------------------
                                  JULY
------------------------------------------------------------------------
The Challenge Race.....................   Event Type: Rowing and
                                          Paddling Boat Race.
                                          Sponsor: Lake
                                          Champlain Maritime Museum.
                                          Date: July 10, 2016.
                                          Time: 11:00 a.m. to
                                          1:00 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Lake Champlain in
                                          the vicinity of Button Bay
                                          State Park within the
                                          following points (NAD 83):
                                            44[deg]12'25'' N.,
                                             073[deg]22'32'' W.
                                            44[deg]12'00'' N.,
                                             073[deg]21'42'' W.
                                            44[deg]12'19'' N.,
                                             073[deg]21'25'' W.
                                            44[deg]13'16'' N.,
                                             073[deg]21'36'' W.
------------------------------------------------------------------------
The Great Race.........................   Event Type: Rowing and
                                          Paddling Boat Race.
                                          Sponsor: Franklin
                                          County Chamber of Commerce.
                                          Date: July 3, 2016.
                                          Time: 10:30 a.m. to
                                          1:00 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Lake Champlain in
                                          the vicinity of Saint Albans
                                          Bay within the following
                                          points (NAD 83):
                                            44[deg]47'18'' N.,
                                             073[deg]10'27'' W.
                                            44[deg]47'10'' N.,
                                             073[deg]08'51'' W.
------------------------------------------------------------------------
Stonington Lobster Boat Races..........   Event Type: Power Boat
                                          Race.
                                          Sponsor: Stonington
                                          Lobster Boat Race Committee.
                                          Date: July 10, 2016.
                                          Time: 9:30 a.m. to
                                          3:30 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Stonington, Maine
                                          within the following points
                                          (NAD 83):
                                            44[deg]08'55'' N.,
                                             068[deg]40'12'' W.
                                            44[deg]09'00'' N.,
                                             068[deg]40'15'' W.

                                            44[deg]09'11'' N.,
                                             068[deg]39'42'' W.
                                            44[deg]09'07'' N.,
                                             068[deg]39'39'' W.
------------------------------------------------------------------------
                                 AUGUST
------------------------------------------------------------------------
Tall Ships Visiting Portsmouth.........   Event Type: Regatta
                                          and Boat Parade.
                                          Sponsor: Piscataqua
                                          Maritime Commission.
                                          Date: August 10, 2016.
                                          Time: 6:30 p.m. to
                                          7:30 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Portsmouth Harbor,
                                          New Hampshire in the vicinity
                                          of Castle Island within the
                                          following points (NAD 83):
                                            43[deg]03'11'' N.,
                                             070[deg]42'26'' W.
                                            43[deg]03'18'' N.,
                                             070[deg]41'51'' W.
                                            43[deg]04'42'' N.,
                                             070[deg]42'11'' W.
                                            43[deg]04'28'' N.,
                                             070[deg]44'12'' W.
                                            43[deg]05'36'' N.,
                                             070[deg]45'56'' W.
                                            43[deg]05'29'' N.,
                                             070[deg]46'09'' W.
                                            43[deg]04'19'' N.,
                                             070[deg]44'16'' W.
                                            43[deg]04'22'' N,
                                             070[deg]42'33'' W.
------------------------------------------------------------------------
Eggemoggin Reach Regatta...............   Event Type: Wooden
                                          Boat Parade.
                                          Sponsor: Rockport
                                          Marine, Inc. and Brookline
                                          Boat Yard.
                                          Date: August 6, 2016.
                                          Time: 11:00 a.m. to
                                          7:00 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Eggemoggin Reach and
                                          Jericho Bay in the vicinity of
                                          Naskeag Harbor, Maine within
                                          the following points (NAD 83):
                                            44[deg]15'16'' N.,
                                             068[deg]36'26'' W.
                                            44[deg]12'41'' N.,
                                             068[deg]29'26'' W.
                                            44[deg]07'38'' N.,
                                             068[deg]31'30'' W.
                                            44[deg]12'54'' N.,
                                             068[deg]33'46'' W.
------------------------------------------------------------------------
Lake Champlain Dragon Boat Festival....   Event Type: Rowing and
                                          Paddling Boat Race.
                                          Sponsor: Dragonheart
                                          Vermont.
                                          Date: July 16, 2016
                                          and July 17, 2016.
                                          Time (Approximate):
                                          8:00 a.m. to 6:00 p.m.
                                          Date: August 6, 2016
                                          and August 7, 2016.
                                          Time (Approximate):
                                          8:00 a.m. to 5:00 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Burlington Bay
                                          within the following points
                                          (NAD 83):
                                            44[deg]28'49'' N.,
                                             073[deg]13'22'' W.
                                            44[deg]28'41'' N.,
                                             073[deg]13'36'' W.
                                            44[deg]28'28'' N.,
                                             073[deg]13'31'' W.
                                            44[deg]28'38'' N.,
                                             073[deg]13'18'' W.
------------------------------------------------------------------------
Winter Harbor Lobster Boat Races.......   Event Type: Power Boat
                                          Race.
                                          Sponsor: Winter Harbor
                                          Chamber of Commerce.
                                          Date: August 13, 2016.
                                          Time: 10:00 a.m. to
                                          2:00 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Winter Harbor, Maine
                                          within the following points
                                          (NAD 83):
                                            44[deg]22'06'' N.,
                                             068[deg]05'13'' W.
                                            44[deg]23'06'' N.,
                                             068[deg]05'08'' W.
                                            44[deg]23'04'' N.,
                                             068[deg]04'37'' W.
                                            44[deg]22'05'' N.,
                                             068[deg]04'44'' W.
------------------------------------------------------------------------
Merritt Brackett Lobster Boat Races....   Event Type: Power Boat
                                          Race.
                                          Sponsor: Town of
                                          Bristol, Maine.
                                          Date: August 14, 2016.
                                          Time: 10:30 a.m. to
                                          2:00 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Pemaquid Harbor,
                                          Maine within the following
                                          points (NAD 83):
                                            43[deg]52'16'' N.,
                                             069[deg]32'10'' W.
                                            43[deg]52'41'' N.,
                                             069[deg]31'43'' W.
                                            43[deg]52'35'' N.,
                                             069[deg]31'29'' W.
                                            43[deg]52'09'' N.,
                                             069[deg]31'56'' W.
------------------------------------------------------------------------
Long Island Lobster Boat Race..........   Event Type: Power Boat
                                          Race.
                                          Sponsor: Long Island
                                          Lobster Boat Race Committee.
                                          Date: August 20, 2016.
                                          Time (Approximate):
                                          12:00 a.m. to 6:00 p.m.

                                          Location: The
                                          regulated area includes all
                                          waters of Casco Bay, Maine in
                                          the vicinity of Great Ledge
                                          Cove and Dorseys Cove off the
                                          north west coast of Long
                                          Island, Maine within the
                                          following points (NAD 83):
                                            43[deg]41'59'' N.,
                                             070[deg]08'59'' W.
                                            43[deg]42'04'' N.,
                                             070[deg]09'10'' W.
                                            43[deg]41'41'' N.,
                                             070[deg]09'38'' W.
                                            43[deg]41'36'' N.,
                                             070[deg]09'30'' W.
------------------------------------------------------------------------

                        Table 2--(33 CFR 165.171)
------------------------------------------------------------------------

------------------------------------------------------------------------
                                  JUNE
------------------------------------------------------------------------
Rotary Waterfront Days Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Gardiner
                                          Rotary.
                                          Date: June 18, 2016.
                                          Time: 8:45 p.m. to
                                          9:30 p.m.
                                          Location: In the
                                          vicinity of the Gardiner
                                          Waterfront, Gardiner, Maine in
                                          approximate position:
                                            44[deg]13'52'' N.,
                                             069[deg]46'08'' W. (NAD
                                             83).
------------------------------------------------------------------------
Windjammer Days Fireworks..............   Event Type: Fireworks
                                          Display.
                                          Sponsor: Boothbay
                                          Harbor Region Chamber of
                                          Commerce.
                                          Date: June 22, 2016.
                                          Rain date: July 4,
                                          2016.
                                          Time: 8:30 p.m. to
                                          9:00 p.m.
                                          Location: In the
                                          vicinity of McFarland Island,
                                          Boothbay Harbor, Maine in
                                          approximate position:
                                            43[deg]50'38'' N.,
                                             069[deg]37'57'' W. (NAD
                                             83).
------------------------------------------------------------------------
                                  JULY
------------------------------------------------------------------------
Burlington Independence Day Fireworks..   Event Type: Fireworks
                                          Display.
                                          Sponsor: City of
                                          Burlington, Vermont.
                                          Date: July 3, 2016.
                                          Time: 9:35 p.m. to
                                          11:30 p.m.
                                          Location: From a barge
                                          in the vicinity of Burlington
                                          Harbor, Burlington, Vermont in
                                          approximate position:
                                            44[deg]28'31'' N.,
                                             073[deg]13'31'' W. (NAD
                                             83).
------------------------------------------------------------------------
Colchester Triathlon...................   Event Type: Swim
                                          Event.
                                          Sponsor: Colchester
                                          Parks and Recreation
                                          Department.
                                          Date: July 18, 2016.
                                          Time: 8:30 a.m. to
                                          9:30 a.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Malletts Bay on Lake
                                          Champlain, Vermont within the
                                          following points (NAD 83):
                                            44[deg]32'18'' N.,
                                             073[deg]12'35'' W.
                                            44[deg]32'28'' N.,
                                             073[deg]12'56'' W.
                                            44[deg]32'57'' N.,
                                             073[deg]12'38'' W.
------------------------------------------------------------------------
Bar Harbor 4th of July Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Bar Harbor
                                          Chamber of Commerce.
                                          Date: July 4, 2016.
                                          Rain date: July 5,
                                          2016.
                                          Time: 8:00 p.m. to
                                          10:00 p.m.
                                          Location: In the
                                          vicinity of Bar Harbor Town
                                          Pier, Bar Harbor, Maine in
                                          approximate position:
                                            44[deg]23'31'' N.,
                                             068[deg]12'15'' W. (NAD
                                             83).
------------------------------------------------------------------------
Boothbay Harbor 4th of July Fireworks..   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Boothbay Harbor.
                                          Date: July 4, 2016.
                                          Rain date: July 5,
                                          2016.
                                          Time: 8:30 p.m. to
                                          9:00 p.m.
                                          Location: In the
                                          vicinity of McFarland Island,
                                          Boothbay Harbor, Maine in
                                          approximate position:
                                            43[deg]50'38'' N.,
                                             069[deg]37'57'' W. (NAD
                                             83).
------------------------------------------------------------------------
Eastport 4th of July Fireworks.........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Eastport 4th
                                          of July Committee.
                                          Date: July 4, 2016.
                                          Rain date: July 5,
                                          2016.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.

                                          Location: From the
                                          Waterfront Public Pier in
                                          Eastport, Maine in approximate
                                          position:
                                            44[deg]54'25'' N.,
                                             066[deg]58'55'' W. (NAD
                                             83).
------------------------------------------------------------------------
Ellis Short Sand Park Trustee Fireworks   Event Type: Fireworks
                                          Display.
                                          Sponsor: William
                                          Burnham.
                                          Date: July 4, 2016.
                                          Rain date: July 5,
                                          2016.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of York Beach, Maine
                                          in approximate position:
                                            43[deg]10'27'' N.,
                                             070[deg]36'26'' W. (NAD
                                             83).
------------------------------------------------------------------------
Jonesport 4th of July Fireworks........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Jonesport 4th
                                          of July Committee.
                                          Date: July 2, 2016.
                                          Rain date: July 3,
                                          2016.
                                          Time: 8:45 p.m. to
                                          9:30 p.m.
                                          Location: In the
                                          vicinity of Beals Island,
                                          Jonesport, Maine in
                                          approximate position:
                                            44[deg]31'18'' N.,
                                             067[deg]36'43'' W. (NAD
                                             83).
------------------------------------------------------------------------
Portland Harbor 4th of July Fireworks..   Event Type: Fireworks
                                          Display.
                                          Sponsor: Department of
                                          Parks and Recreation,
                                          Portland, Maine.
                                          Date: July 4, 2016.
                                          Rain date: July 5,
                                          2016.
                                          Time: 9:30 p.m. to
                                          10:00 p.m.
                                          Location: In the
                                          vicinity of East End Beach,
                                          Portland, Maine in approximate
                                          position:
                                            43[deg]40'16'' N.,
                                             070[deg]14'44'' W. (NAD
                                             83).
------------------------------------------------------------------------
St. Albans Day Fireworks...............   Event Type: Fireworks
                                          Display.
                                          Sponsor: St. Albans
                                          Area Chamber of Commerce.
                                          Date: July 2, 2016.
                                          Time: 9:30 p.m. to
                                          11:30 p.m.
                                          Location: From the St.
                                          Albans Bay dock in St. Albans
                                          Bay, Vermont in approximate
                                          position:
                                            44[deg]48'25'' N.,
                                             073[deg]08'23'' W. (NAD
                                             83).
------------------------------------------------------------------------
Lubec Bicentennial Fireworks...........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Lubec, Maine.
                                          Date: July 3, 2016.
                                          Rain date: July 5,
                                          2016.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of the Lubec Public
                                          Boat Launch in approximate
                                          position:
                                            44[deg]51'52'' N.,
                                             066[deg]59'06'' W. (NAD
                                             83).
------------------------------------------------------------------------
Vinalhaven 4th of July Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Vinalhaven
                                          4th of July Committee.
                                          Date: July 2, 2016
                                          Rain date: July 3,
                                          2016.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of Grime's Park,
                                          Vinalhaven, Maine in
                                          approximate position:
                                            44[deg]02'34'' N.,
                                             068[deg]50'26'' W. (NAD
                                             83).
------------------------------------------------------------------------
Main Street Heritage Days 4th of July     Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Main Street
                                          Bath Inc.
                                          Date: July 4, 2016.
                                          Rain date: July 5,
                                          2016.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of Reed and Reed Boat
                                          Yard, Woolwich, Maine in
                                          approximate position:
                                            43[deg]54'56'' N.,
                                             069[deg]48'16'' W. (NAD
                                             83).
------------------------------------------------------------------------
Peaks to Portland Swim.................   Event Type: Swim
                                          Event.
                                          Sponsor: Cumberland
                                          County YMCA.
                                          Date: July 23, 2016.
                                          Time: 9:00 a.m. to
                                          12:00 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Portland Harbor
                                          between Peaks Island and East
                                          End Beach in Portland, Maine
                                          within the following points
                                          (NAD 83):
                                            43[deg]39'20'' N.,
                                             070[deg]11'58'' W.
                                            43[deg]39'45'' N.,
                                             070[deg]13'19'' W.

                                            43[deg]40'11'' N.,
                                             070[deg]14'13'' W.
                                            43[deg]40'08'' N.,
                                             070[deg]14'29'' W.
                                            43[deg]40'00'' N.,
                                             070[deg]14'23'' W.
                                            43[deg]39'34'' N.,
                                             070[deg]13'31'' W.
                                            43[deg]39'13'' N.,
                                             070[deg]11'59'' W.
------------------------------------------------------------------------
Richmond Days Fireworks................   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Richmond, Maine.
                                          Date: July 23, 2016.
                                          Rain date: July 24,
                                          2016.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: From a barge
                                          in the vicinity of the inner
                                          harbor, Tenants Harbor, Maine
                                          in approximate position:
                                            44[deg]08'42'' N.,
                                             068[deg]27'06'' W. (NAD83).
------------------------------------------------------------------------
Tri for a Cure Swim Clinics and           Event Type: Swim
 Triathlon.                               Event.
                                          Sponsor: Maine Cancer
                                          Foundation.
                                          Dates & Times:
                                            June 25, 2016 1:00 p.m. to
                                             3:00 p.m.
                                            June 29, 2016 5:30 p.m. to
                                             7:30 p.m.
                                            July 9, 2016 2:00 p.m. to
                                             4:00 p.m.
                                            July 13, 2016 5:30 p.m. to
                                             7:30 p.m.
                                            July 17, 2016 7:00 a.m. to
                                             10:00 a.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Portland Harbor,
                                          Maine in the vicinity of
                                          Spring Point Light within the
                                          following points (NAD 83):
                                            43[deg]39'01'' N.,
                                             070[deg]13'32'' W.
                                            43[deg]39'07'' N.,
                                             070[deg]13'29'' W.
                                            43[deg]39'06'' N.,
                                             070[deg]13'41'' W.
                                            43[deg]39'01'' N.,
                                             070[deg]13'36'' W.
------------------------------------------------------------------------
                                 August
------------------------------------------------------------------------
York Beach Fire Department Fireworks...   Event Type: Fireworks
                                          Display.
                                          Sponsor: York Beach
                                          Fire Department.
                                          Date: August 7, 2016.
                                          Rain date: August 14,
                                          2016.
                                          Time (Approximate):
                                            9:00 p.m. to 10:30 p.m.
                                          Location: In the
                                          vicinity of Short Sand Cove in
                                          York, Maine in approximate
                                          position:
                                            43[deg]10'27'' N.,
                                             070[deg]36'25'' W. (NAD
                                             83).
------------------------------------------------------------------------
                                SEPTEMBER
------------------------------------------------------------------------
The Lobsterman Triathlon...............   Event Type: Swim
                                          Event.
                                          Sponsor: Tri-Maine
                                          Productions.
                                          Date: September 17,
                                          2016.
                                          Time (Approximate):
                                         8:00 a.m. to 10:00 a.m.
                                          Location: The
                                          regulated area includes all
                                          waters in the vicinity of
                                          Winslow Park in South
                                          Freeport, Maine within the
                                          following points (NAD 83):
                                            43[deg]47'59'' N.,
                                             070[deg]06'56'' W.
                                            43[deg]47'44'' N.,
                                             070[deg]06'56'' W.
                                            43[deg]47'44'' N.,
                                             070[deg]07'27'' W.
                                            43[deg]47'57'' N.,
                                             070[deg]07'27'' W.
------------------------------------------------------------------------

    The Coast Guard may patrol each event area under the direction of a
designated Coast Guard Patrol Commander (PATCOM). The PATCOM may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM.''
Official patrol vessels may consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the COTP, Sector Northern New England. For information about
regulations and restrictions for waterway use during the effective
periods of these events, please refer to 33 CFR 100.120 and 33 CFR
165.171.
    This notice of enforcement is issued under authority of 33 CFR
100.120, 33 CFR 165.171, and 5 U.S.C. 552 (a). In addition to this
notice of enforcement in the Federal Register, the Coast Guard will
provide the maritime community with advance notification of this
enforcement period via the Local Notice to Mariners and marine
information broadcasts. If the COTP determines that the regulated area
need not be enforced for the full duration stated in this notice, he or
she may use a Broadcast Notice to Mariners to grant general permission
to enter the regulated area.

    Dated: May 27, 2016.
M. A. Baroody,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern New
England.
[FR Doc. 2016-15701 Filed 6-30-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Rules and Regulations]
[Page 78931-78934]
[DOCID:fr24de08-5]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1250; Directorate Identifier 2008-SW-49-AD;
Amendment 39-15755; AD 2008-17-51]
RIN 2120-AA64

Airworthiness Directives; MD Helicopters, Inc. Model MD900
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) 2008-17-51, which was sent
previously to all known U.S. owners and operators of MD Helicopters,
Inc. (MDHI) Model MD900 helicopters by individual letters. This AD
requires, before further flight, fluorescent magnetic particle
inspecting the aft threads of the forward directional control cable
(control cable) for a crack and replacing the control cable with an
airworthy part if you find a crack. If you do not find a crack, this AD
requires that you demagnetize the cable threads until you reach a
certain gauss level. This AD also requires visually inspecting the aft
cable attach bracket for a crack and for interference with movement of
the control cable or for deformation of the aft cable attach bracket.
If a crack or interference with movement of the control cable or
deformation of the aft cable attach bracket exists, this AD requires
replacing the bracket with an airworthy part. This AD also requires
modifying the control cable conduit and the rotating cone control rod
and identifying the rotating cone control rod with a certain part
number. This amendment is prompted by three reports of in-flight
failure of the control cable and loss of yaw control resulting in
emergency landings and subsequent damage to the helicopter. The actions
specified by this AD are intended to prevent loss of yaw control and
subsequent loss of control of the helicopter.

DATES: January 8, 2009, to all persons except those persons to whom it
was made immediately effective by Emergency AD 2008-17-51, issued on
August 14, 2008, which contained the requirements of this amendment.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 8, 2009.
    Comments for inclusion in the Rules Docket must be received on or
before February 23, 2009.

ADDRESSES: Use one of the following addresses to submit comments on
this AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service bulletin identified in this AD from MD
Helicopters Inc., Attn: Customer Support Division, 4555 E. McDowell
Rd., Mail Stop M615, Mesa, Arizona 85215-9734, telephone 1-800-388-
3378, fax<PHONE_NUMBER>, or on the Web at http://www.mdhelicopters.com.
You may purchase the American Society for Testing and Material standard
from ASTM International on the Web at http://www.astm.org/.
    Examining the Docket: You may examine the docket that contains the
AD, any comments, and other information on the Internet at http://
www.regulations.gov, or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Eric D. Schrieber, FAA, Los Angeles
Aircraft Certification Office, Aviation Safety Engineer, Airframe
Branch, 3960 Paramount Blvd., Lakewood, California 90712, telephone
562-627-5348, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On August 14, 2008, we issued Emergency AD
2008-17-51 for the specified MDHI model helicopters. The Emergency AD
requires fluorescent magnetic particle inspecting the aft threads of
the control cable for a crack and replacing the control cable with an
airworthy part if you find a crack. If you do not find a crack, the
Emergency AD requires that you demagnetize the cable threads until you
reach a certain gauss level. The Emergency AD also requires visually
inspecting the aft cable attach bracket for a crack and for
interference with movement of the control cable or for deformation of
the aft cable attach bracket. If a crack or interference with movement
of the control cable or deformation of the aft cable attach bracket
exists, the Emergency AD requires replacing the bracket with an
airworthy part. The Emergency AD also requires modifying the control
cable conduit and the rotating cone control rod and identifying the
rotating cone control rod with part number ``900C2010582-105.'' The
Emergency AD was prompted by three reports of in-flight failure of the
control cable and loss of yaw control resulting in emergency landings
and subsequent damage to the helicopter. This condition, if not
corrected, could result in loss of yaw control and subsequent loss of
control of the helicopter.
    MDHI has issued Service Bulletin SB900-108R1, dated August 13,
2008, which describes procedures for magnetic particle inspecting and
modifying the control cable and rotating cone control rod installation.
    Since the unsafe condition described is likely to exist or develop
on other MDHI model helicopters of the same type design, we issued
Emergency AD 2008-17-51 to prevent loss of yaw control and subsequent
loss of control of the helicopter. The Emergency AD requires the
following, before further flight:
     Remove the rotating cone, the thruster extension, and the
rotating cone control rod, and NAS1193K4CP lock device (2 parts).
     Do a fluorescent magnetic particle inspection for a crack
in the aft threads of the control cable. If you find a crack, replace
the control cable with an airworthy part. If you do not find a crack,
demagnetize the cable threads until you reach a gauss level of +/-3.
     Visually inspect the aft cable attach bracket for a crack.
Inspect for interference with the movement of the control cable or for
deformation of the aft cable attach bracket. If a crack or interference
with the movement of the control cable or deformation of the aft cable
attach bracket exists, replace the bracket with an airworthy part.
     Cut and modify the aft end of the control cable conduit.
     Modify the rotating cone control rod by drilling lock wire
holes. Using permanent ink, identify the rotating cone control rod with
part number 900C2010582-105.
     Inspect the control cable for proper adjustment.
     Install the rotating cone control rod.
     Install the thruster extension.
     Install the rotating cone. If you adjust the control cable
at the attach brackets, inspect for interference with the movement of
the control cable or for deformation of the aft cable attach bracket.
If interference with the movement of the control cable or deformation
of the aft cable attach bracket exists, replace the bracket with an
airworthy part.
     Rerig the antitorque directional control system.
    The actions must be done by following specified portions of the
service bulletin described previously. The short compliance time
involved is required because the previously described critical unsafe
condition can adversely affect the controllability of the helicopter.
Therefore, the actions described previously are required before further
flight, and this AD must be issued immediately.
    Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual letters
issued on August 14, 2008, to all known U.S. owners and operators of
MDHI Model MD900 helicopters. These conditions still exist, and the AD
is hereby published in the Federal Register as an amendment to 14 CFR
39.13 to make it effective to all persons.
    The FAA estimates that this AD will affect 33 helicopters of U.S.
registry. It will take about 5.5 work hours to remove, modify, visually
inspect, and install parts, and 2 work hours to fluorescent magnetic
particle inspect the aft threads in the control cable per helicopter at
an average labor rate of $80 per work hour. The kits required to modify
the control cable cost about $8,603 for the entire fleet. Based on
these figures, we estimate the total cost impact of the AD on U.S.
operators to be $28,403.

Comments Invited

    This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any

written data, views, or arguments regarding this AD. Send your comments
to an address listed under ADDRESSES. Include ``Docket No. FAA-2008-
1250; Directorate Identifier 2008-SW-49-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of our
docket Web site, you can find and read the comments to any of our
dockets, including the name of the individual who sent the comment. You
may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have 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.
    For the reasons discussed above, I certify that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD. See the AD docket to examine the economic evaluation.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:

2008-17-51 MD Helicopters, Inc.: Amendment 39-15755. Docket No. FAA-
2008-1250; Directorate Identifier 2008-SW-49-AD.

    Applicability: Model MD900 helicopters, serial numbers 900-00008
through 900-00128, with part number (P/N) 900C3010045-105 forward
directional control cable (control cable), P/N 900C2010582-103
rotating cone control rod, and P/N 9000F2318021 (all dash numbers)
tailboom assembly, installed, certificated in any category.
    Compliance: Before further flight, unless done previously.
    To prevent loss of yaw control and subsequent loss of control of
the helicopter, do the following:
    (a) Remove the rotating cone, the thruster extension, the
rotating cone control rod, and the NAS1193K4CP lock device (2
parts). Do not reinstall the lock device. Use your hand and turn the
telescopic part on the aft end of the control cable until it is
fully forward on the control cable.

    Note: The MDHI maintenance manuals CSP-900RMM-2, Sections 67-20-
00, 29-00-00, 53-40-00; CSP-SPM, Section 20-30-00; and CSP-900IPL-4
Illustrated Parts pertain to the subject of this AD.

    (b) Do a fluorescent magnetic particle inspection for a crack in
the aft threads of the control cable as depicted in Figure 2 and by
following MD Helicopters, Inc. (MDHI) Service Bulletin SB900-108R1,
dated August 13, 2008, Section 2, Accomplishment Instructions (SB),
paragraphs (5)(a) through 5(j). The inspection must be done by an
inspector qualified under the guidelines established by MIL-STD-
410E, ATA Specification 105, AIA-NAS-410, or an FAA-accepted
equivalent for qualification standards of NDT Inspection/Evaluation
Personnel. The inspector that accepts or rejects the inspected part
must be certified to a Non-Destructive Testing (NDT) UT minimum
Level II. The part must be inspected to the inspection facilities
written procedure approved by a person certified to a Level III. For
the magnetic particle examination process and qualifications, follow
the American Society for Testing and Material (ASTM) E 1444-93
[egr]1.
    (1) If you find a crack, replace the control cable with an
airworthy part.
    (2) If you do not find a crack, demagnetize the cable threads by
following paragraphs (6)(a) or (6)(b) of the SB until you reach a
gauss level of +/-3.
    (c) Visually inspect the aft cable attach bracket, depicted in
Figure 3 of the SB, for a crack. Inspect for interference with the
movement of the control cable or for deformation of the aft cable
attach bracket by following paragraphs (9)(a) through (9)(c) of the
SB. If a crack or interference with the movement of the control
cable or deformation of the aft cable attach bracket exists, replace
the bracket with an airworthy part.
    (d) Cut and modify the aft end of the control cable conduit as
depicted in Figure 4 of the SB by following paragraphs (10)(a)
through (10)(g) of the SB.
    (e) Modify the rotating cone control rod by drilling lock wire
holes as depicted in Figure 5 of the SB by following paragraphs
(11)(a) through (11)(g) of the SB. Using permanent ink, mark the
rotating cone control rod with ``900C2010582-105.''
    (f) Inspect the control cable for proper adjustment by following
paragraphs (12)(a) through (12)(c), of the SB.
    (g) Install the rotating cone control rod as depicted in Figure
6 of the SB by following paragraphs (13)(a) through (13)(c) of the
SB. Make sure the control cable threads are past the witness hole in
the rotating cone control rod.
    (h) Install the thruster extension.
    (i) Install the rotating cone. If you adjust the control cable
at the attach brackets, inspect for interference with the movement
of the control cable or for deformation of the aft cable attach
bracket by following paragraph (15) of the SB. If interference with
the movement of the control cable or deformation of the aft cable
attach bracket exists, replace the bracket with an airworthy part.
    (j) Rerig the antitorque directional control system.
    (k) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Los Angeles Aircraft Certification Office, FAA,
ATTN: Eric D. Schrieber, Aviation Safety Engineer, Airframe Branch,
3960 Paramount Blvd., Lakewood, California 90712, telephone 562-627-
5348, fax<PHONE_NUMBER>, for information about previously approved
alternative methods of compliance.

    (l) Special flight permits will not be issued.
    (m) The inspections and modification must be done by following
the specified portions of MD Helicopters, Inc. Service Bulletin
SB900-108R1, dated August 13, 2008. Copies of this service bulletin
may be obtained from MD Helicopters Inc., Attn: Customer Support
Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, Arizona 85215-
9734, telephone 1-800-388-3378, fax<PHONE_NUMBER>, or on the Web at
http://www.mdhelicopters.com. The inspection must also be done by
following the magnetic particle examination process and
qualifications found in American Society for Testing and Material
(ASTM) E 1444-93 [egr]1, approved February 15, 1993,
Standard Practice for Magnetic Particle Examination. Copies of this
information may be purchased from AMST International on the Web at
http://www.astm.org/. The Director of the Federal Register approved
this incorporation by reference in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be inspected at the FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
    (n) This amendment becomes effective on January 8, 2009, to all
persons except those persons to whom it was made immediately
effective by Emergency AD 2008-17-51, issued August 14, 2008, which
contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on November 19, 2008.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-28367 Filed 12-23-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Notices]
[Pages 8946-8947]
[FR Doc No: 2012-3262]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration Office of
Hazardous Materials Safety

Notice of Application for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Special Permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before March 16, 2012.
    Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on February 06, 2012.
Donald Burger,
Chief, General Approvals and Permits.

----------------------------------------------------------------------------------------------------------------
                           Docket                                                     Nature of special permits
    Application No.         No.            Applicant         Regulation(s) affected            thereof
----------------------------------------------------------------------------------------------------------------
                                               NEW SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
15535-N................  .........  PM HELI-OPS, CENTRAL     49 CFR 172.101 Column   To authorize the
                                     POINT, OR.               (9B), 172.204(c)(3),    transportation in commerce
                                                              173.27(b)(2) and        of certain forbidden
                                                              175.30(a)(1).           explosives in sling load
                                                                                operations in remote areas
                                                                                of the U.S. without being
                                                                                subject to hazard
                                                                                communication
                                                                                requirements, quantity
                                                                                limitations and certain
                                                                                loading and stowage
                                                                                requirements. (mode 4)
15536-N................  .........  WavesinSolids LLC,       49 CFR 173.302 and      To authorize the
                                     State College, PA.       180.209.                transportation in commerce
                                                                                of certain cylinders which
                                                                                have been alternatively
                                                                                ultrasonically retested
                                                                                for use in transporting
                                                                                Division 2.1, 2.2 and 2.3
                                                                                materials. (modes 1, 2, 3,
                                                                                4, 5)
15541-N................  .........  T.L. Forest Products,    49 CFR 49 CFR Parts     To authorize the
                                     Inc., dba Timberland     172.101, Column (9b),   transportation in commerce
                                     Logging, Ashland, OR.    172.204(c)(3),          of certain cylinders which
                                                              173.27(b)(2),           have been alternatively
                                                              175.30(a)(1),           ultrasonically retested
                                                              172.200, 172.300, and   for use in transporting
                                                              172.400.                hazardous materials by
                                                                                cargo aircraft including
                                                                                by external load in remote
                                                                                areas without being
                                                                                subject to hazard
                                                                                communication requirements
                                                                                and quantity limitations
                                                                                where no other means of
                                                                                transportation is
                                                                                available. (mode 4)
15552-N................  .........  POLY-COAT SYSTEMS, INC.  49 CFR 173.240,         To authorize the
                                     Liverpool, TX.           173.241, 173.242,       manufacture, marking, sale
                                                              173.243 and 172.244.    and use of fiberglass
                                                                                reinforced plastic (GFRP)
                                                                                as the basic material of
                                                                                construction for DOT-412/
                                                                                407 type cargo tanks.
                                                                                (mode 1)
15553-N................  .........  Best Sanitizers, Inc.,   49 CFR 172.102 Special  To authorize the
                                     Walton, KY.              provision A6.           transportation of non-bulk
                                                                                combination packages of
                                                                                medical grade instrument
                                                                                sanitizer and disinfectant
                                                                                materials using custom
                                                                                inner packagings placed
                                                                                within a strong outer
                                                                                fiberboard box (mode 4)
15555-N................  .........  Schlumberger Oilfield    49 CFR 173.201(c),      To authorize the
                                     UK Plc Dyce, Aberdeen,   173.202(c),             transportation in commerce
                                     UK.                      173.203(c),             of a toxic flammable gas
                                                              173.301(f),             in a non-DOT specification
                                                              173.302(a), and         cylinder. (modes 1, 2, 3,
                                                              173.304(a) and (d).     4)
15556-N................  .........  Winco Inc., Aurora, OR.  49 CFR 49 CFR Table     To authorize the
                                                              Sec.   172.101,         transportation in commerce
                                                              Column (9B), Sec.       of certain hazardous
                                                              172.204(c)(3), Sec.     materials by 14 CFR Part
                                                              173.27(b)(2) and Sec.   133 Rotorcraft External
                                                                175.30(a)(1) Sec.     Load Operations
                                                              Sec.   172.200 and      transporting hazardous
                                                              172.301(c) and 175.75.  materials attached to or
                                                                                suspended from an
                                                                                aircraft, in remote areas
                                                                                of the U.S. only, without
                                                                                being subject to hazard
                                                                                communication
                                                                                requirements, quantity
                                                                                limitations and certain
                                                                                loading and stowage
                                                                                requirements. (mode 4)
15558-N................  .........  3M Company, St. Paul,    49 CFR 173.212........  To authorize the
                                     MN.                                              manufacture, marking,
                                                                                sale, and use of service
                                                                                motor vehicles for use in
                                                                                transporting a corrosive
                                                                                solid material in
                                                                                alternative packaging.
                                                                                (modes 1, 3)

15560-N................  .........  San Joaquin              49 CFR 172.101 Column   To authorize the
                                     Helicopters, Delano,     (9B), Sec.              transportation in commerce
                                     CA.                      172.204(c)(3), Sec.     of certain hazardous
                                                              173.27(b)(2), Sec.      materials by Part 133
                                                              175.30(a)(1), Sec.      Rotorcraft External Load
                                                              Sec.   172.200,         Operations, attached to or
                                                              172.300, 172.400,       suspended from an
                                                              173.302(f)(3) and       aircraft, in remote areas
                                                              Sec.   175.75.          of the U.S. without
                                                                                meeting certain hazard
                                                                                communication and stowage
                                                                                requirements. (mode 4)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-3262 Filed 2-14-12; 8:45 am]
BILLING CODE 4909-60-M


[Federal Register: December 20, 2006 (Volume 71, Number 244)]
[Notices]
[Page 76393-76395]
[DOCID:fr20de06-136]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54926; File No. SR-CBOE-2006-62]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change and Amendment
No. 1 Thereto Amending its Index Obvious Error Rule

 December 13, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 7, 2006, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been substantially
prepared by the Exchange. On October 30, 2006, the CBOE submitted
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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 (``Amendment No. 1'') supersedes and
replaces the original filing in its entirety. The substance of
Amendment No. 1 is incorporated into this notice.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend CBOE Rule 24.16 (``Rule''), which is
the Exchange's rule applicable to the nullification and adjustment of
transactions in index options, options on exchange-traded funds
(``ETFs''), and options on HOLDing Company Depository ReceiptS
(``HOLDRS''). The Exchange is proposing to amend the Rule in order to:
(i) re-define what constitutes an ``obvious price error;'' (ii) provide
for a Market-Maker to Market-Maker adjustment of obvious price errors
(currently such erroneous transactions are subject to nullification);
(iii) eliminate the nullification and adjustments provisions for
erroneous quantity errors; and (iv) make various non-substantive
changes to the text of the Rule.
    Below is the text of the proposed rule change. Proposed new
language is in italics and proposed deletions are in [brackets].
Chicago Board Options Exchange, Incorporated
Rules
* * * * *
Rule 24.16. Nullification and Adjustment of [Index Option] Transactions
in Index Options, Options on ETFs and Options on HOLDRS
    RULE 24.16. This Rule only governs the nullification and adjustment
of transactions involving index options and options on ETFs or
HOLDRS[s]. Rule 6.25 governs the nullification and adjustment of
transactions involving equity options. Paragraphs (a)(1), [(2),] ([6]5)
and ([7]6) of this Rule have no applicability to trades executed in
open outcry.
    (a) Trades Subject to Review
    A member or person associated with a member may have a trade
adjusted or nullified, as provided herein, if, in addition to
satisfying the procedural requirements of paragraph (b) below, one of
the following conditions is satisfied:
    (1) Obvious Price Error: An obvious price[ing] error will be deemed
to have occurred when the execution price of a transaction is above or
below the fair market value of the option by at least a prescribed
minimum error amount. For series trading with normal bid-ask
differentials as established in Rule 8.7(b)(iv), the prescribed minimum
error amount shall be: [(a) the greater of $0.10 or 10% for options
trading under $2.50; (b) 10% for options trading at or above $2.50 and
under $5; or (c) $0.50 for options trading at $5 or higher.]

------------------------------------------------------------------------
                                                                Minimum
                      Fair market value                          error
                                                                 amount
------------------------------------------------------------------------
Below $2.....................................................     $0.125
$2 to $5.....................................................      $0.20
Above $5 to $10..............................................      $0.25
Above $10 to $20.............................................      $0.40
Above $20....................................................      $0.50
------------------------------------------------------------------------

    For series trading with bid-ask differentials that are [greater
than]a multiple of the widths established in Rule 8.7(b)(iv), the
prescribed minimum error amount shall have the same multiple applied to
the minimum error amount prescribed above[be: (a) the greater of $0.20
or 20% for options trading under $2.50; (b) 20% for options trading at
or above $2.50 and under $5;

or (c) $1.00 for options trading at $5 or higher].
    (i) Definition of Fair Market Value: For purposes of this Rule
only, the fair market value of an option is the midpoint of the
national best bid and national best offer for the series (across all
exchanges trading the option). In multiply listed issues, if there are
no quotes for comparison purposes, fair market value shall be
determined by Trading Officials. For singly-listed issues, fair market
value shall be the midpoint of the first quote after the transaction(s)
in question that does not reflect the erroneous transaction(s). For
transactions occurring as part of the Rapid Opening System (``ROS
trades'') or Hybrid Opening System (``HOSS''), fair market value shall
be the midpoint of the first quote after the transaction(s) in question
that does not reflect the erroneous transaction(s). The determination
of fair market value shall be made by Trading Officials in accordance
with the provisions of this paragraph.
    (ii) Price Adjustment or Nullification: Obvious price errors will
be adjusted or nullified in accordance with the following:
    (A) Transactions between CBOE Market-Makers: Where both parties to
the transaction are CBOE Market-Makers, the execution price of the
transaction will be adjusted by Trading Officials upon notification
pursuant to paragraph (b) and in accordance with the adjustment and
nullification provisions of paragraph (c)(1) below.
    (B) Transactions involving at least one non-CBOE Market-Maker:
Where one of the parties to the transaction is not a CBOE Market-Maker,
the transaction will be adjusted or nullified by Trading Officials upon
notification pursuant to paragraph (b) and in accordance with the
adjustment and nullification provisions of paragraph (c)(3) below.
    [(2) Obvious Quantity Error: An obvious error in the quantity term
will be deemed to occur when the transaction size exceeds the
responsible broker or dealer's average disseminated size over the
previous four hours by a factor of five (5) times. The quantity to
which a transaction shall be adjusted from an obvious quantity error
shall be the responsible broker or dealer's average disseminated size
over the previous four trading hours (which may include the previous
trading day).]
    (3)-(7) Renumbered to (2)-(6)
    (b) No change.
    (c) Adjustments and Nullifications
    (1) Transactions between CBOE Market-Makers pursuant to paragraph
(a)(1) shall be adjusted to the fair market value minus (plus) the
prescribed minimum error amount with respect to an erroneous sell (buy)
transaction. If the adjusted price is not in a multiple of the
applicable minimum trading increment, the adjusted price will be
rounded down (up) to the next price that is a multiple of the
applicable minimum trading increment with respect to an erroneous sell
(buy) transaction.
    (2) Transactions between CBOE Market-Makers pursuant to paragraphs
(a)(2)-(a)(5) shall be nullified.
    (3) [Unless otherwise specified in Rule 24.16(a)(1)-(6),
t]Transactions involving at least one non-CBOE Market-Maker pursuant to
paragraphs (a)(1) through (a)(5) will be adjusted provided the adjusted
price does not violate the [customer's]non-CBOE Market-Maker's limit
price. Otherwise, the transaction will be nullified. With respect to
Rule 24.16(a)(1)(ii)(B)-(a)(4)[(5)], the price to which a transaction
shall be adjusted shall be the National Best Bid (Offer) immediately
following the erroneous transaction with respect to a sell (buy) order
entered on the Exchange. For ROS or HOSS transactions, the price to
which a transaction shall be adjusted shall be based on the first non-
erroneous quote after the erroneous transaction on CBOE. With respect
to Rule 24.16(a)([6]5), the transaction shall be adjusted to a price
that is $0.10 under parity.
    (d)-(e) No change.
    * * * Interpretations and Policies:
    .01-.02 No change.
* * * * *

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, as
amended, and discussed any comments it received on the proposed rule
change, as amended. 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 is proposing to make various amendments to CBOE Rule
24.16, which is its obvious error rule pertaining to index options,
options on ETFs, and options on HOLDRS. First, the Exchange states that
the proposal would revise the scale used to identify the minimum error
amount necessary to constitute an obvious price error. Specifically, an
``obvious price error'' would be deemed to have occurred for series
trading with normal bid-ask differentials as established in CBOE rule
8.7(b)(iv) when the execution price of a transaction is above or below
the fair market value of the option by at least: $0.125 for options
trading under $2; $0.20 for options trading at or above $2 and up to
$5; $0.25 for options trading above $5 and up to $10; $0.40 for options
trading above $10 and up to $20; and $0.50 for options trading above
$20. For series trading with bid-ask differentials that are a multiple
of the widths established in CBOE rule 8.7(b)(iv), the prescribed error
amount would have the same multiple applied to the amounts prescribed
above. For example, if double-wide bid-ask relief has been granted in
an option that currently trades at a price of $6, the minimum error
amount would be $0.50 above or below the fair market value.\4\
    Second, the Exchange states that the proposal would revise the
obvious price error provision as it relates to the handling of
transactions involving only CBOE Market-Makers. Under the current rule,
such erroneous price transactions are nullified. Under the proposal,
these CBOE-Market-Maker-to-CBOE-Market-Maker transactions would be
subject to adjustment.\5\ The Exchange states that

this change is intended to address feedback from Exchange members that
an adjustment is preferential to having a transaction nullified because
in many instances the CBOE Market-Makers that are parties to the
transaction may have already hedged the option position before being
alerted to the erroneous price error. The CBOE notes that the change is
also consistent with the Exchange's current procedures for adjusting
erroneous price errors in equity options involving CBOE Market-
Makers.\6\
---------------------------------------------------------------------------

    \4\ The Exchange states that under the current rule, an
``obvious pricing error'' is deemed to have occurred when the
execution price of a transaction is above or below the fair market
value of the option by at least a prescribed amount. For series
trading with normal bid-ask differentials as established in CBOE
rule 8.7(b)(iv), the prescribed amount is: (a) the greater of $0.10
or 10% for options trading under $2.50; (b) 10% for options trading
at or above $2.50 and under $5; or (c) $0.50 for options trading at
$5 or higher. For series trading with bid-ask differentials that are
greater than the widths established in CBOE rule 8.7(b)(iv), the
prescribed error amount is: (a) The greater of $0.20 or 20% for
options trading under $2.50; (b) 20% for options trading at or above
$2.50 and under $5; or (c) $1.00 for options trading at $5 or
higher. See CBOE rule 24.16(a)(1). The Exchange states that the
definition of fair market value will continue to apply as it
currently does today. However, the Exchange is proposing to clarify
in the text of the rule that, with respect to singly-listed issues
and transactions occurring as part of ROS or HOSS, the fair market
value is the midpoint of the first quote after the transaction(s) in
question that does not reflect the erroneous transaction(s).
Additionally, the Exchange is proposing to clarify that the
determination of fair market value is made by Trading Officials in
accordance with the provisions of CBOE rule 24.16(a)(1)(i).
Telephone conference between Michou H.M. Nguyen, Special Counsel,
Division of Market Regulation, Commission, and Jennifer Lamie,
Managing Senior Attorney, Exchange, on October 31, 2006.
    \5\ The Exchange states that the proposed revisions to the text
of the rule make clear that the manner in which obvious price errors
involving at least one non-CBOE Market-Maker are handled will
continue to apply unchanged. In addition, the proposed revisions to
the text of the rule make clear that the manner in which other
obvious errors (i.e., obvious errors related to verifiable
disruptions or malfunctions of Exchange systems, erroneous prints or
quotes in the underlying, trades below intrinsic value, and no bid
series) will also continue to apply unchanged. See proposed
revisions to CBOE rule 24.16(c).
    \6\ See CBOE rule 6.25(a)(1).
---------------------------------------------------------------------------

    The Exchange states that in applying the proposed CBOE Market-Maker
adjustment provision to index options/ETF/HOLDRS, the adjustment price
would be equal to the fair market value of the option minus the minimum
error amount in the case of an erroneous sell transaction or the fair
market value plus the minimum error amount in the case of an erroneous
buy transaction. If the adjusted price is not in a multiple of the
applicable minimum trading increment, the adjusted price would be
rounded down (up) to the next price that is a multiple of the
applicable minimum trading increment with respect to an erroneous sell
(buy) transaction. For example, if an erroneous sale transaction
involving two CBOE Market-Makers occurred in an option with a fair
market value of $6.075 and a minimum trading increment of $0.10, the
adjusted price would be $5.80 ($6.075 - $0.25 = $5.825, which is
rounded down to the nearest $0.10 increment of $5.80).
    Third, the Exchange states that the proposal would eliminate
obvious quantity errors as a type of transaction that is subject to
obvious error review. The Exchange represents that elimination of this
provision is consistent with the Exchange's current rule for equity
options, which does not have an obvious error review for quantity
errors.\7\
---------------------------------------------------------------------------

    \7\ See CBOE rule 6.25(a).
---------------------------------------------------------------------------

    Fourth, the Exchange states that the proposal would make various
non-substantive changes to CBOE rule 24.16, such as making cross-
reference updates to correspond to the above-described revisions,
changing the title of the rule to reflect its application to options on
ETFs and HOLDRS (currently the title only references index options),
clarifying that fair market value is as determined by Exchange Trading
Officials who administer the obvious error rule, and making other non-
substantive changes for ease of understanding the existing text.
2. Statutory Basis
    The Exchange believes the proposed rule change, as amended, is
consistent with section 6(b) of the Act,\8\ in general, and furthers
the objectives of section 6(b)(5) of the Act,\9\ in particular, in that
it is designed to promote just and equitable principles of trade,
prevent fraudulent and manipulative acts, 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were solicited or received by the Exchange with
respect to the proposed rule change, as amended.

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

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

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-CBOE-2006-62 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-CBOE-2006-62. 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. 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-CBOE-2006-62 and should be submitted on or before January 10, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E6-21654 Filed 12-19-06; 8:45 am]

BILLING CODE 8011-01-P