[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11105-11106]
[FR Doc No: 2022-04171]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-232, OMB Control No. 3235-0225]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 17f-4

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 350l-3520) (the ``Paperwork Reduction Act''),
the Securities and Exchange Commission (the ``Commission'') has
submitted to the Office of Management and Budget a request for
extension of the previously approved collection of information
discussed below.
    Section 17(f) (15 U.S.C. 80a-17(f)) under the Investment Company
Act of 1940 (the ``Act'') \1\ permits registered management investment
companies and their custodians to deposit the securities they own in a
system for the central handling of securities (``securities
depositories''), subject to rules adopted by the Commission.
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    \1\ 15 U.S.C. 80a.
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    Rule 17f-4 (17 CFR 270.17f-4) under the Act specifies the
conditions for the use of securities depositories by funds \2\ and
their custodians.
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    \2\ As amended in 2003, rule 17f-4 permits any registered
investment company, including a unit investment trust or a face-
amount certificate company, to use a security depository. See,
Custody of Investment Company Assets With a Securities Depository,
Investment Company Act Release No. 25934 (Feb. 13, 2003) (68 FR 8438
(Feb. 20, 2003)). The term ``fund'' or ``fund series'' is used in
this Notice to mean a registered investment company.
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    The Commission staff estimates that 794 respondents (including an
estimated 768 funds that may deal directly with a securities
depository, an estimated 13 custodians, including 7 sub-custodians and
13 possible securities depositories) \3\ are subject to

the requirements in rule 17f-4. To the extent that Rule 17f-4(c)(4)
provides that a sub-custodian can be qualified as a custodian for
purposes of Rule 17f-4, sub-custodians are included as ``custodians''
in the estimates of burden hours and costs. While the rule is elective,
but most, if not all, funds use depository custody arrangements.\4\
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    \3\ The Commission staff estimates that, as permitted by the
rule, an estimated 4% of all active funds may deal directly with a
securities depository instead of using an intermediary. The
Commission estimates that, as permitted by the rule, an estimated 4%
of all funds may deal directly with a securities depository. The
number of custodians, including the number of sub-custodians is
estimated from information collected from Form N-CENs filed with the
Commission as of October 15, 2021. In addition, the Commission staff
estimates the number of possible securities depositories by adding
the 12 Federal Reserve Banks and one active registered clearing
agency. The Commission staff recognizes that not all of these
entities may currently be acting as a securities depository for fund
securities.
    \4\ Based on responses to Items C.12 of Form N-CEN (17 CFR
274.101), approximately 96 percent of funds' custodians maintain
some or all fund securities in a securities depository pursuant to
rule 17f-4.
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    Rule 17f-4 contains two general conditions. First, a fund's
custodian must be obligated, at a minimum, to exercise due care in
accordance with reasonable commercial standards in discharging its duty
as a securities intermediary to obtain and thereafter maintain
financial assets. If the fund deals directly with a depository, the
depository's contract or written rules for its participants must
provide that the depository will meet similar obligations. All funds
that deal directly with securities depositories in reliance on rule
17f-4 should have either modified their contracts with the relevant
securities depository, or negotiated a modification in the securities
depository's written rules when the rule was amended. Therefore, we
estimate there is no ongoing burden associated with this collection of
information.\5\
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    \5\ The Commission staff assumes that new funds relying on 17f-4
would choose to use a custodian instead of directly dealing with a
securities depository because of the high costs associated with
maintaining an account with a securities depository. Thus, new funds
would not be subject to this condition.
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    Second, the custodian must provide, promptly upon request by the
fund, such reports as are available about the internal accounting
controls and financial strength of the custodian. If a fund deals
directly with a depository, the depository's contract with or written
rules for its participants must provide that the depository will
provide similar financial reports. Custodians and depositories usually
transmit financial reports to funds twice each year.\6\ The Commission
staff estimates that 13 custodians, including 7 sub-custodians, spend
approximately 2,330 hours (by support staff) annually in transmitting
such reports to funds.\7\ In addition, approximately 768 funds (i.e.,
three percent of all funds) deal directly with a securities depository
and may request periodic reports from their depository. Commission
staff estimates that depositories spend approximately 179 hours (by
support staff) annually transmitting reports to the 768 funds.\8\ The
total annual burden estimate for compliance with rule 17f-4's reporting
requirement is therefore 2,509 hours.\9\
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    \6\ The estimated 13 custodians would handle requests for
reports from 9,984 fund clients (approximately 768 fund clients per
custodian) and the depositories from the remaining 768 funds that
choose to deal directly with a depository. It is our understanding
based on staff conversations with industry representatives that
custodians and depositories transmit these reports to clients in the
normal course of their activities as a good business practice
regardless of whether they are requested. Therefore, for purposes of
this PRA estimate, the Commission staff assumes that custodians
transmit the reports to all fund clients.
    \7\ (9,984 fund clients x 2 reports) = 19,968 transmissions. The
staff estimates that each transmission would take approximately 7
minutes for a total of approximately 2,330 hours (7 minutes x 19,968
transmissions).
    \8\ (768 fund clients who may deal directly with a securities
depository x 2 reports) = 1,536 transmissions. The staff estimates
that each transmission would take approximately 7 minutes for a
total of approximately 179 hours (7 minutes x 1,536 transmissions).
    \9\ 2,230 hours for custodians and 179 hours for securities
depositories.
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    If a fund deals directly with a securities depository, rule 17f-4
requires that the fund implement internal control systems reasonably
designed to prevent an unauthorized officer's instructions (by
providing at least for the form, content, and means of giving,
recording, and reviewing all officers' instructions). All funds that
seek to rely on rule 17f-4 should have already implemented these
internal control systems when the rule was amended. Therefore, there is
no ongoing burden associated with this collection of information
requirement.\10\
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    \10\ The Commission staff assumes that new funds relying on 17f-
4 would choose to use a custodian instead of directly dealing with a
securities depository because of the high costs associated with
maintaining an account with a securities depository. Thus new funds
would not be subject to this condition.
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    Based on the foregoing, the Commission staff estimates that the
total annual hour burden of the rule's collection of information
requirements is 2,509 hours.
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act. This estimate is not derived
from a comprehensive or even representative survey or study of the
costs of Commission rules.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view the background documentation for this
information collection at the following website, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
[email protected]; and (ii) David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John R.
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected]. Written comments and recommendations for the
proposed information collection should be sent within 30 days of
publication of this notice March 30, 2022 to www.reginfo.gov/public/do/PRAMain.
    Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.

    Dated: February 23, 2022.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2022-04171 Filed 2-25-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Notices]
[Page 63375-63376]
[DOCID:fr30oc06-142]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54648; File No. SR-Phlx-2006-52]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Order Granting Approval to Proposed Rule Change, and Amendment No. 1
Thereto, Relating to Quoting Obligations

 October 24, 2006.

I. Introduction

    On August 15, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Phlx Rule 1014, ``Obligations and
Restrictions Applicable to Specialists and Registered Options
Traders,'' by adopting Phlx Rule 1014(b)(ii)(D)(4), which would state
that Streaming Quote Traders (``SQTs''),\3\ Remote Streaming Quote
Traders (``RSQTs''),\4\ and SQTs and RSQTs that receive Directed Orders
\5\ (``DSQTs'' and ``DRSQTs,'' respectively) would be deemed not to be
assigned in any option series until the time to expiration for such
series is less than nine months. Accordingly, the market making
obligations described in Phlx Rule 1014(b)(ii)(D) would not apply to
SQTs, RSQTs, DSQTs, and DRSQTs respecting series with an expiration of
nine months or greater. On September 8, 2006, the Exchange filed
Amendment No. 1 to the proposed rule change.\6\ The proposed rule
change, as amended, was published for comment in the Federal Register
on September 19, 2006.\7\ The Commission received no comments regarding
the proposal, as amended. This order approves the proposed rule change,
as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Phlx Rule 1014(b)(ii)(A).
    \4\ See Phlx Rule 1014(b)(ii)(B).
    \5\ See Phlx Rule 1080(l)(i)(A).
    \6\ Amendment No. 1 made a clarifying change to the proposed
rule text, as well as two minor technical changes to the purpose
section.
    \7\ See Securities Exchange Act Release No. 54429 (September 12,
2006), 71 FR 54864.
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II. Description of the Proposal

    Currently, SQTs and RSQTs that do not receive Directed Orders in a
Streaming Quote Option \8\ are responsible to quote continuous, two-
sided markets in not less than 60% of the series in each Streaming
Quote Option in which such SQT or RSQT is assigned.\9\
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    \8\ A Streaming Quote Option is an option in which SQTs may
generate and submit option quotations if such SQT is physically
present on the Exchange floor, and RSQTs may generate and submit
option quotations from off the floor of the Exchange,
electronically. See Phlx Rule 1080(k). Currently, all options
trading on the Exchange are Streaming Quote options.
    \9\ See Phlx Rule 1014(b)(ii)(D)(1).
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    A DSQT or DRSQT is responsible to quote continuous, two-sided
markets in not less than 99% of the series listed on the Exchange in at
least 60% of the options in which such DSQT or DRSQT is assigned.\10\
Whenever a DSQT or DRSQT enters a quotation in an option in which such
DSQT or DRSQT is assigned, such DSQT or DRSQT must maintain continuous
quotations for not less than 99% of the series of the option listed on
the Exchange until the close of that trading day.\11\
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    \10\ See Phlx Rule 1014(b)(ii)(D)(1).
    \11\ See Phlx Rule 1014(b)(ii)(D)(1).
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    To reduce the number of quotations submitted by SQTs, RSQTs, DSQTs
and DRSQTs, the Phlx proposes to relax the quoting obligations that
require quotes to be generated. Specifically, the Exchange proposes, on
a six-month pilot basis, to permit SQTs, RSQTs, DSQTs and DRSQTs not to
submit streaming quotations in options with a series of more than nine
months until expiration, which are known as LEAPS (Long-term Equity
Anticipation Securities), by deeming them not to be assigned in any
option series until the time to expiration for such series is less than
nine months. The effect of this is to relax their quoting obligations,
and ultimately the number of quotes they are required to submit,
because the quoting obligations in Phlx Rule 1014(b)(ii)(D)(1) apply
only to those options in which they are assigned.
    Specialists, currently responsible to quote continuous, two-sided
markets in not less than 99% of the series in each Streaming Quote
Option in which such specialist is assigned,\12\ would still be
required to quote LEAPS, so the Exchange would continue to disseminate
a two-sided market in LEAPS.
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    \12\ See Phlx Rule 1014(b)(ii)(D)(2).
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    The Exchange proposes to effect the proposed rule change, as
amended, on a six-month pilot basis, beginning on the date the
Commission approves this proposed rule filing.

III. Discussion

    The Commission finds that the proposed rule change, as amended, is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national

securities exchange.\13\ In particular, the Commission believes that
the proposal, as amended, is consistent with Section 6(b)(5) of the
Act,\14\ which requires that the rules of an exchange be designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest.
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    \13\ In approving this proposed rule change, as amended, the
Commission notes that it has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \14\ 15 U.S.C. 78f(b)(5).
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    The Commission believes that the proposal to relax the quoting
requirements applicable to SQTs, RSQTs, DSQTs, and DRSQTs in LEAPS
should reduce the number of options quotations required to be submitted
on the Exchange and, therefore, should help to mitigate the Exchange's
quote message traffic and capacity. In addition, the Commission notes
that this proposal is consistent with the approach in current Phlx Rule
1012, Commentary .03, which states that strike price interval, bid/ask
differential and continuity rules will not apply to such long term
option series until the time to expiration is less than nine
months.\15\
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    \15\ See Securities Exchange Act Release No. 29103 (April 18,
1991), 56 FR 19132 (April 25, 1991) (order approving SR-Phlx-91-18).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (SR-Phlx-2006-52), as amended,
is hereby approved on a six month pilot basis beginning on the date of
this approval order.
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    \16\ 15 U.S.C. 78s(b)(2).
    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-18142 Filed 10-27-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Rules and Regulations]
[Pages 39995-39997]
[FR Doc No: 2013-16038]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0494]
RIN 1625-AA00

Safety Zone; Margate Mother's Association Fireworks Display,
Atlantic Ocean; Margate, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Atlantic Ocean in Margate, NJ. The safety zone will restrict vessel
traffic on a portion of the Atlantic Ocean from operating while a
fireworks event is taking place. This temporary safety zone is
necessary to protect the surrounding public and vessels from the
hazards associated with a fireworks display.

DATES: This rule is effective on July 4, 2013, from 8:45 p.m. until
10:05 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0494]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Veronica Smith, Chief Waterways Management,
Sector Delaware Bay, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. Immediate action
is necessary to provide for the safety of life and property in the
navigable water. Publishing an NPRM is impracticable given that the
final details for this event were not received by the Coast Guard with
sufficient time for a notice and comment period to run before the start
of the event. Delaying this rule to wait for a notice and comment
period to run would be impracticable as it would inhibit the Coast
Guard's ability to protect the public from the hazards associated with
maritime fireworks displays.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the establishment of the
safety zone could result in mariners approaching the fireworks
location, creating a hazardous scenario with potential for loss of life
and property. For the same reasons discussed in the preceding
paragraph, a 30 day notice period would be impracticable and contrary
to the public interest.

B. Basis and Purpose

    On the evening of July 4, 2013, fireworks will be launched from a
barge with a fall out zone that covers part of the Atlantic Ocean.
Margate Mother's Association has contracted with Schaefer Pyrotechnics
to arrange for this display. The Captain of the Port, Sector Delaware
Bay, has determined that the Margate Mother's Association Fireworks
Display will pose significant risks to the public. The purpose of the
rule is to promote public and maritime safety during a fireworks
display, and to protect mariners transiting the area from the potential
hazards associated with a fireworks display, such as accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. This rule is needed to ensure safety on the waterway
during the event.

C. Discussion of the Final Rule

    To mitigate the risks associated with the Margate Mother's
Association Fireworks Display, the Captain of the Port, Sector Delaware
Bay will enforce a temporary safety zone in the vicinity of the launch
site. The safety zone will encompass all waters of the Atlantic Ocean
within a 350 yard radius of the fireworks launch platform in
approximate position 39[deg]19'27.7389'' N, 074[deg]29'45.7367'' W in
Margate, NJ. The safety zone will be effective and enforced from 8:45
p.m. to 10:05 p.m. on July 4, 2013. Entry into, transiting, or
anchoring within the safety zone is prohibited unless authorized by the
Captain of the Port, Sector Delaware Bay, or her on-scene
representative. The Captain of the Port, Sector Delaware Bay, or her
on-scene representative may be contacted via VHF channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses

based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    Although this regulation will restrict vessel traffic from
operating within the safety zone on the navigable waters of the
Atlantic Ocean, Margate, NJ, the effect of this regulation will not be
significant due to the limited duration that the safety zone will be in
effect. The enforcement window lasts for 1 hour and 20 minutes in an
open area that does not conflict with transiting commercial or
recreational traffic. For the above reasons, the Coast Guard does not
anticipate any significant economic impact.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities:
    (1) This rule will affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to operate, transit, or anchor on the Atlantic Ocean in Margate, NJ
between 8:45 p.m. and 10:05 p.m. on July 4, 2013.
    (2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons: This
rule will only be enforced for a short period of time. In the event
that this temporary safety zone affects shipping, commercial vessels
may request permission from the Captain of the Port, Sector Delaware
Bay, to transit through the safety zone. Before activation of the zone,
we will give notice to the public via a Broadcast to Mariners that the
regulation is in effect.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not

individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under 34(g) of Figure
2-1 of the Commandant Instruction. An environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0494, to read as follows:

Sec.  165.T05-0494  Safety Zone; Margate Mother's Association Fireworks
Display, Atlantic Ocean, Margate, NJ.

    (a) Regulated Area. The following area is a safety zone: The safety
zone will encompass all waters of the Atlantic Ocean within a 350 yard
radius of the fireworks launch platform in approximate position
39[deg]19'27.7389'' N, 074[deg]29'45.7367'' W in Margate, NJ.
    (b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this Sec.  165.T05-0494.
    (1) All persons and vessels are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port or her
designated representative.
    (2) All persons or vessels wishing to transit through the Safety
Zone must request authorization to do so from the Captain of the Port
or her designated representative one hour prior to the intended time of
transit.
    (3) Vessels granted permission to transit through the Safety Zone
must do so in accordance with the directions provided by the Captain of
the Port or her designated representative to the vessel.
    (4) To seek permission to transit this safety zone, the Captain of
the Port or her designated representative can be contacted via Sector
Delaware Bay Command Center<PHONE_NUMBER>.
    (5) This section applies to all vessels wishing to transit through
the safety zone except vessels that are engaged in the following
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation, and
    (iii) Emergency response vessels.
    (6) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
    (7) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
    (8) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
    (9) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
    (c) Definitions.
    (1) Captain of the Port means the Commander, Coast Guard Sector
Delaware Bay, or any Coast Guard commissioned, warrant or petty officer
who has been authorized by the Captain of the Port to act on her
behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port Delaware Bay to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State, and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced from 8:45
p.m. until 10:05 p.m. on July 4, 2013.

    Dated: June 24, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2013-16038 Filed 7-2-13; 8:45 am]
BILLING CODE 9110-04-P