[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Page 13444]
[FR Doc No: 2011-5593]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q) During the Week Ending February 26, 2011

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et seq.). The due date for Answers,
Conforming Applications, or Motions to Modify Scope are set forth below
for each application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.

    Docket Number: DOT-OST-2002-11481.
    Date Filed: February 22, 2011.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: March 15, 2011.

Description

    Application of Edelweiss Air AG requesting an amendment to its
foreign air carrier permit in order to conduct scheduled and charter
foreign air transportation of persons, property, and mail under the
U.S.-Switzerland Air Transport Agreement (``Open Skies'') signed and
effective June 21, 2010.

    Docket Number: DOT-OST-2011-0032.
    Date Filed: February 22, 2011.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: March 15, 2011.

Description

    Application of Twin Cities Air Service, LLC requesting authority to
operate scheduled passenger service as a commuter air carrier.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2011-5593 Filed 3-10-11; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Notices]
[Pages 42759-42760]
[FR Doc No: 2011-18040]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64875; File No. SR-NYSEArca-2011-43]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its Fee
Schedule by Adding Definitions for the Strategy Executions That Qualify
for Transaction Fee Caps

July 13, 2011.
    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 June 30, 2011, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Fee Schedule by adding
definitions for the Strategy Executions that qualify for transaction
fee caps. The text of the proposed rule change is available at the
Exchange, at http://www.nyse.com, at the Commission's Public Reference
Room, and at the Commission's Web site at http://www.sec.gov.

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

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

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

1. Purpose
    NYSE Arca proposes to amend its Fee Schedule by adding definitions
for the Strategy Executions that qualify for transaction fee caps. The
Exchange does not propose to change any fees in the Fee Schedule.
    In 2003, the Exchange amended its Fee Schedule to cap transaction
fees for Strategy Executions involving reversals and conversions,
dividend spreads, and box spreads.\3\ The Exchange subsequently
expanded the Strategy Executions eligible for the transaction fee cap
to include short stock interest spreads, merger spreads and jelly
rolls.\4\ In its previous rule filings, the Exchange described the
requirements that Strategy Executions must meet to qualify for the
transaction fee cap; however these Strategy Executions were not defined
in the Fee Schedule. The Exchange is now proposing to define the
Strategy Executions in order to provide additional clarity and
transparency in the Fee Schedule.\5\
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    \3\ See Exchange Act Release No. 48363 (August 19, 2003), 68 FR
51625 (August 27, 2003) (SR-PCX-2003-39) (the ``2003 Release'').
    \4\ See Exchange Act Release No. 51787 (June 6, 2005), 70 FR
34174 (June 13, 2005) (SR-PCX-2005-65) (the ``2005 Release'') and
Exchange Act Release No. 60101 (June 11, 2009), 74 FR 29249 (June
19, 2009) (SR-NYSEArca-2009-49) (the ``2009 Release'').
    \5\ The Commission notes that the definitions proposed by the
Exchange in the instant filing slightly differ from the definitions
set forth in the 2003 Release, the 2005 Release, and the 2009
Release.
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    The Exchange proposes to define each of the six Strategy Executions
that qualify for the cap in new endnote 9: \6\
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    \6\ The Chicago Board Options Exchange, Incorporated (``CBOE'')
already has these strategies, with the exception of the box spread,
defined in its fee schedule. See (http://www.cboe.com/publish/feeschedule/CBOEFeeSchedule.pdf).
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     A ``reversal'' is established by combining a short
security position with a short put and a long call position that shares
the same strike and expiration. A ``conversion'' is established by
combining a long position in the underlying security with a long put
and a short call position that shares the same strike and expiration.
     A ``dividend spread'' is defined as transactions done to
achieve a dividend arbitrage involving the purchase, sale and exercise
of in-the-money options of the same class, executed prior to the date
on which the underlying stock goes ex-dividend.
     A ``box spread'' is defined as transactions involving a
long call option and a short put option at one strike, combined with a
short call option and long put at a different strike, to create
synthetic long and synthetic short stock positions, respectively.
     A ``short stock interest spread'' is defined as
transactions done to achieve a short stock interest arbitrage involving

the purchase, sale and exercise of in-the-money options of the same
class.
     A ``merger spread'' is defined as transactions done to
achieve a merger arbitrage involving the purchase, sale and exercise of
options of the same class and expiration date, each executed prior to
the date on which shareholders of record are required to elect their
respective form of consideration, i.e., cash or stock.
    A ``jelly roll'' is created by entering into two separate positions
simultaneously. One position involves buying a put and selling a call
with the same strike price and expiration. The second position involves
selling a put and buying a call, with the same strike price, but with a
different expiration from the first position.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\7\ in general, and Section 6(b)(5) of the Act,\8\ in
particular, in that it is designed to promote just and equitable
principles of trade, remove impediments to and perfect the mechanisms
of a free and open market and a national market system and, in general,
to protect investors and the public interest. In this respect, the
Exchange is not proposing any changes to the fees within its Fee
Schedule, but rather adding definitions for the Strategy Executions
that qualify for the transaction fee caps. This change will better
inform investors and the public of the necessary requirements for a
Strategy Execution to qualify for the fee caps.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A)(i) \9\ of the Act and Rule 19b-4(f)(1) \10\
thereunder, as constituting a stated interpretation of the meaning,
administration and enforcement of an existing rule of the Exchange. The
proposed rule change provides definitions for existing terms in the Fee
Schedule, and the definitions are consistent with the manner in which
the Exchange interpreted those terms. At any time within 60 days of the
filing of such proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(i).
    \10\ 17 CFR 240.19b-4(f)(1).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2011-43 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2011-43. 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 website (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 website
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of 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-
NYSEArca-2011-43 and should be submitted on or before August 9, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-18040 Filed 7-18-11; 8:45 am]
BILLING CODE 8011-01-P


Alan Stout EPA OAR, OTAQ, ASD Received Date: 11/ 30/ 2004 05: 13: 17 PM To: Takami_ Yano@ ahm. honda. com cc: Darin_ Johnson@ ahm. honda. com, Michael_ Tyrrell@ ahm. honda. com, Yasuto_ Nakata@ ahm. honda. com, Emily Chen/ AA/ USEPA/ US@ EPA Subject: Re: Our telephone conversation  Definition change in the technical amendments Takami, In talking things over here, we feel it is best to have alternate useful life information on the label, even if the odometer and/ or hour meter is not present on the vehicle. In part, this comes from the concern that our compliance and enforcement staff should be able to readily recognize that a product has a longer useful life, rather than keeping track of this information from the various cert applications. Since families with an alternate useful life will likely be a relatively rare occurrence, we believe the label would be an appropriate way to make this clear to anyone who would need to know. Also, I have pointed out earlier that we intend to adjust the useful life definition from the proposal to acknowledge that a vehicle's degree of service accumulation can be verified separately ( without hour meters or odometers) to establish whether in use vehicles are within their useful life or not.

The proposed labeling instructions allow flexibility in wording, which may help you avoid adding confusion to the consumer.

I hope this clarifies our thinking. If you would like to follow up, your best bet is to contact Emily Chen directly.

Alan Takami_ Yano@ ahm. honda. c om Received Date: 11/ 29/ 2004 05: 29: 54 PM To: Alan Stout/ AA/ USEPA/ US@ EPA cc: Darin_ Johnson@ ahm. honda. com, Michael_ Tyrrell@ ahm. honda. com, Yasuto_ Nakata@ ahm. honda. com Subject: Re: Our telephone conversation  Definition change in the technical amendments Alan,

Thank you for your response.

Regarding item # 3, I understand our description was not exactly what you and Mike had a conversation but would like to clarify the criteria. We basically have no motivation to apply alternative useful life except the case we harmonize with CA model. The case Mike brought was small off road MC or ATV which EPA has different miles and hours conditions ( 5000 miles, 500 hours) from ARB's ( 10000 miles, 1000 hours) but year condition is the same for both ( 5 years).

We would plan to certify with same useful life ( 5 years, 10000 miles or 1000 hours which ever comes first) but realized EPA's technical amendment now would limit the conditions to be only measurable ones. ( Disregard non equipped condition) Although this language needs to be modified somehow to link with durability provision as like durability test still needs to follow hour or mile based cycle, we also understand such non equipped useful life condition has no real meaning in the field. This is why we believe " 10000 miles" and " 1000 hours" should not be necessary on label. Thus, in other words, label only requires an alternative useful life description only when it is equipped or measurable.

I think it depends on what language you are replacing with. We guess you are trying to keep the intention of technical amendment ( focus on real measurable condition) but allow durability cycle to be miles or hour based. If the revised language will be the same manner as original language ( final reg: " which ever comes first" regardless of whether meter is equipped or not), we understand it literally requires mile and hour conditions on label but we still wouldn't like to be required.

Bottom line is that we need hour or mile based durability test but wouldn't like to put useful life on label which could mislead customers.

I hope this helps you to understand our intention. Please let us know if EPA allows not stating non measurable or non eqiuipped useful life condition on emission label. If you have further questions, please call me, Mike or Darin. Thank you.

Takami Yano / American Honda / 310 783 3286 / 310 408 1909 From: Stout. Alan@ epamail. epa. gov To: Michael_ Tyrrell@ ahm. honda. com cc: Darin_ Johnson@ ahm. honda. com, Takami_ Yano@ ahm. honda. com 11/ 29/ 2004 01: 29 Subject: Re: Our telephone conversation  Definition change in the technical PM amendments Michael, My responses are inserted below. Let me know if you have follow up questions.

Alan From: Michael_ Tyrrell@ ahm. honda. com To: Alan Stout/ AA/ USEPA/ US@ EPA cc: Takami_ Yano@ ahm. honda. com, Darin_ Johnson@ ahm. honda. com Received Date: 11/ 23/ 2004 Subject: Our telephone conversation  Definition change in 07: 04: 07 PM the technical As a follow up to our phone conversation Honda, understands EPA's intention and clarification as follows.

1) EPA will revise 1051.801 in Technical Amendment to address a mismatch with durability requirement.  Correct. Final language is still under development.

2) EPA allows manufacturers to perform durability testing based on defined miles or hours even for vehicles not equipped with either an odometer or an hour meter.  Durability testing for certification testing is always based on accelerated service accumulation, so this makes sense only in terms of miles or hours of operation.

3) Although the regulation requires alternative useful life description on emission label, EPA does not require manufacturers to put alternative useful life on emission label if the vehicle is not equipped with a device to measure the duration ( miles or hours).  That is a new twist on the question we discussed earlier. From what you had described, I would expect that you don't have families that need an alternative useful life. For all the engines that go with the default useful life from the regulations, we have proposed ( and intend to finalize) the provision allowing you to omit the useful life information from the label. There has been no discussion of omitting the alternative useful life values from emission labels if the corresponding meter is not installed. We can consider that, but it doesn't strike me as an automatic or self evident conclusion. Let me know if you would like us to pursue this new angle.

We would like to receive your confirmation that my understanding of your responses during this telephone conversation is correct. And would ask that you also provide us with a written response to our question about how EPA plans to finalize the NER equations in light of the MIC's comments to the technical amendments. For expediency sake, I request that provide your response by E mail and that you also copy Darin Johnson and Takami Yano when you respond.

 I consider MIC's recommended NER changes to be straightforward and intend to process those directly. Darin and I will be out of the office until next Tuesday you can call Mr. Yano [( 310) 783 3286] if you need to discuss these issues further.

Thank you for your help and, Best Regards.

American Honda Motor Co. Michael Tyrrell Administrator Certification Michael_ Tyrrell@ ahm. honda. com


[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48125-48129]
[FR Doc No: 2023-15797]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0308]
RIN 625-AA08

Special Local Regulation; Henderson Bay, Henderson Harbor, NY

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule

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SUMMARY: The Coast Guard is establishing a permanent special local
regulation for certain waters of Henderson Bay in Henderson Harbor, NY,
in support of the Christmas in July festival. This action is necessary
to provide for the safety of life on these navigable waters near
Henderson Bay, Henderson Harbor, NY, during a boat parade. This
rulemaking will prohibit persons and vessels from entering, transiting
through, anchoring, blocking, or loitering within the event area
adjacent to the city of Henderson Harbor, unless authorized by the
Captain of the Port Buffalo or a designated representative.

DATES: This rule is effective July 26, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0308 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On March 16, 2023, the Henderson Business and Community Council
notified the Coast Guard of an intention to conduct the ``Christmas in
July'' boat parade in Henderson Bay on July 29, 2023. Christmas in July
is an annual event in July occurring on or near the last weekend of
July. The special local regulation area will occur from 5 p.m. through
9 p.m. and cover all waters within a moving zone that encompasses a 50-
yard buffer zone ahead of the lead vessel, 50 yards astern of the last
participating vessel, and 50 yards on each side of the parade vessels
as it travels the parade route. The parade will start at Waterside
Tavern dock at point 43[deg]51'44'' N 76[deg]12'07.3'' W and running
north adjacent to the shore to point 43[deg]52'12.2'' N
76[deg]11'32.7'' W, continuing northwest to point 43[deg]53'40.9'' N
76[deg]12'40.6'' W and running south adjacent to the shore to point
43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending at the starting position
at point 43[deg]51'44'' N 76[deg]12'07.3'' W. In response, on June 7,
2023, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled ``Special Local Regulation; Henderson Bay, Henderson Harbor,
NY'' (88 FR 37194). There we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to this boat parade.
During the comment period that ended July 7, 2023, we received one
comment that was in full support of the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Buffalo (COTP) has determined
that this rule is necessary to ensure the safety of life and property
of the participants within the regulated area before, during, and after
the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we only received one comment on our NPRM published
June 7, 2023, and it fully supported the proposed rule. There are no
substantive changes in the regulatory text of this rule from the
proposed rule in the NPRM. We did reform the text and corrected the
authority citation for 33 CFR part 100.
    This rule establishes a special local regulation from 5 p.m.
through 9 p.m. on July 29, 2023. The special local regulation area will
cover all waters within a moving zone that encompasses a 50-yard buffer
zone ahead of the lead vessel, 50 yards astern of the last
participating vessel, and 50 yards on each side of the parade vessels
as it travels the parade route in Henderson Bay, Henderson Harbor, NY.
The duration of the special local regulation is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 5 p.m. through 9 p.m. boat parade. No vessel or person
will be permitted to enter the special local regulation area without
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic will be able to safely transit around this regulated
area which would impact a small-designated area of Henderson Bay.
Moreover, the Coast Guard would issue a Local Notice to Mariners about
the areas, and the rule would allow vessels to seek permission to enter
the areas.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation lasting that will prohibit persons and vessels
from transiting the regulated area during the parade. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Memorandum for Record supporting this determination is available in the
docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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

0
2. In Sec.  100.901, revise table 1 to read as follows:

Sec.  100.901  Great Lakes annual marine events.

* * * * *

                                            Table 1 to Sec.   100.91
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Event                                                      Location                      Date
----------------------------------------------------------------------------------------------------------------
                                               Sector Buffalo, NY
----------------------------------------------------------------------------------------------------------------
(1) Fireworks by Grucci..............  Lake Ontario, Wright's Landing/Oswego Harbor, NY  Last weekend of July.
Sponsor: New York Power Authority....      within an 800 foot radius of the fireworks
                                           launching platform located in approximate
                                          position 43[deg]28'10'' N 076[deg]31'04'' W.
(2) Flagship International Kilo Speed    That portion of Lake Erie, Presque Isle Bay,    3rd or 4th weekend of
 Challenge.                               south of a line drawn from 42[deg]08'54'' N     June.
Sponsor: Presque Isle Powerboat          080[deg]05'42'' W; to 42[deg]07' N 080[deg]21'
 Racing Association.                      W will be a regulated area. That portion of
                                          Lake Erie, Presque Isle bay, north of a line
                                         drawn from 42[deg]08'54'' N 080[deg]05'42'' W;
                                            to 42[deg]07' N 080[deg]21' W will be a
                                          ``caution area''. All vessels transiting the
                                             caution area will be operated at bare
                                          steerageway, keeping the vessel's wake at a
                                          minimum, and will exercise a high degree of
                                         caution in the area. The bay entrance will not
                                                          be effected.
                                      --------------------------------------------------
(3) Flagship International Offshore      That portion of Lake Erie, Presque Isle Bay,    3rd or 4th weekend of
 Challenge.                               Entrance Channel, and the enclosed area from    June.
Sponsor: Presque Isle Powerboat             Erie Harbor Pier Head Light (LLNR 3430)
 Racing Association.                     northeast to 42[deg]12'48'' N 079[deg]57'24''
                                          W, thence south to shore just east of Shades
                                                             Beach.
                                      --------------------------------------------------
(4) Friendship Festival Airshow......  That portion of the Niagara River and Buffalo     4th of July holiday.
Sponsor: Friendship Festival.........
                                      --------------------------------------------------
                                       Harbor from:
                                      --------------------------------------------------
                                               Latitude         Longitude
                                      --------------------------------------------------
                                       42[deg]54.4' N.........  078[deg]54.1' W, thence
                                                                 to.
                                       42[deg]54.4' N.........  078[deg]54.4' W, thence
----------------------------------------------------------------------------------------------------------------

                                       Table 1 to Sec.   100.91--Continued
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Event                                                      Location                      Date
----------------------------------------------------------------------------------------------------------------
                                               Latitude         Longitude
                                      --------------------------------------------------
                                       along the International Border to:
                                      --------------------------------------------------
                                       42[deg]52.9' N.........  078[deg]54.9' W, thence
                                                                 to
                                       42[deg]52.5' N.........  078[deg]54.3' W, thence
                                                                 to
                                       42[deg]52.7' N.........  078[deg]53.9' W, thence
                                                                 to
                                       42[deg]52.8' N.........  078[deg]53.8' W, thence
                                                                 to
                                       42[deg]53.1' N.........  078[deg]53.6' W, thence
                                                                 to
                                       42[deg]53.2' N.........  078[deg]53.6' W, thence
                                                                 to
                                       42[deg]53.3' N.........  078[deg]53.7' W, thence
                                      --------------------------------------------------
                                       along the breakwall to:
                                      --------------------------------------------------
                                       42[deg]54.4' N.........  078[deg]54.1' W
----------------------------------------------------------------------------------------------------------------
(5) NFBRA Red Dog Kilo Time Trials...    That portion of the Niagara River, Tonawanda    4th or 5th weekend of
Sponsor: Niagara Frontier Boat Racing    Channel, between Tonawanda Channel Buoy 31 to    September.
 Association.                             approximately 1/2 mile southwest of Twomile
                                         Creek along a line drawn from 43[deg]00'45'' N
                                             078[deg]55'06'' W to 43[deg]00'28'' N
                                             078[deg]54'56'' W (Sipco Oil Company).
(6) Sodus Bay 4th of July Fireworks..   Lake Ontario, within a 500 foot radius around a  4th of July holiday.
Sponsor: Sodus Bay Historical Society        barge anchored in approximate position
                                        43[deg]15.73' N 076[deg]58.23' W, in Sodus Bay.
                                      --------------------------------------------------
(7) Tallship Erie....................  That portion of Lake Erie, Presque Isle Bay.      1st or 2nd weekend of
Sponsor: Erie Maritime Programs, Inc.                                                     July.
----------------------------------------------------------------------------------------------------------------
                                       Entrance Channel and Presque Isle Bay from:
                                      --------------------------------------------------
                                               Latitude                Longitude
                                      --------------------------------------------------
                                       42[deg]10' N...........  080[deg]03' W, thence
                                                                 to
                                       42[deg]08.1' N.........  080[deg]07' W, thence
                                                                 to
                                       42[deg]07.9' N.........  080[deg]06.8' W, thence
                                      --------------------------------------------------
                                       east along the shoreline and structures to:
                                      --------------------------------------------------
                                       42[deg]09.2' N.........  080[deg]02.6' W, thence
                                                                 to
                                      --------------------------------------------------
                                       42[deg]10' N...........  080[deg]03' W
----------------------------------------------------------------------------------------------------------------
(8) Thomas Graves Memorial Fireworks    That portion of Lake Ontario, Port Bay Harbor,   1st or 2nd weekend of
 Display.                                NY within a 500 ft radius surrounding a barge    July.
Sponsor: Port Bay Improvement           anchored in approximate position 43[deg]17'46''
 Association.                                         N 076[deg]50'02'' W.
----------------------------------------------------------------------------------------------------------------
(9) Thunder Island Offshore Challenge  That portion of Lake Ontario, Oswego Harbor from  3rd or 4th weekend of
Sponsor: Thunder on the Water Inc....   the West Pier Head Light (LLNR 2080) north to:    June.
----------------------------------------------------------------------------------------------------------------
                                               Latitude         Longitude
                                      --------------------------------------------------
                                       43[deg]29'02'' N.......  076[deg]32'04'' W,
                                                                 thence to
                                       43[deg]26'18'' N.......  076[deg]39'30'' W,
                                                                 thence to
                                       43[deg]24'55'' N.......  076[deg]37'45'' W,
                                                                 thence
                                      --------------------------------------------------
                                       along the shoreline to the West Pier Head Light
                                        (LLNR 2080).
                                      --------------------------------------------------
(10) We Love Erie Days Fireworks.....  That portion of Lake Erie, Erie Harbor, within a  3rd weekend of August.
Sponsor: We Love Erie Days Festival,    300 foot radius, surrounding the Erie Sand and
 Inc.                                   Gravel Pier, located in position 42[deg]08'16''
                                        N 080[deg]05'40'' W.
----------------------------------------------------------------------------------------------------------------

                                       Table 1 to Sec.   100.91--Continued
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Event                                                      Location                      Date
----------------------------------------------------------------------------------------------------------------
(11) Christmas in July...............  Location: The special local regulation area will  Date: Final weekend of
Sponsor: Henderson Business and            cover ALL WATERS WITHIN A MOVING ZONE THAT     July.
 Community Council.                      ENCOMPASSES A 50 yard BUFFER ZONE ahead of the
                                            lead vessel, 50 yards astern of the last
                                        participating vessel, and 50 yards on each side
                                         of the parade vessels as it travels the parade
                                            route starting at point 43[deg]51'44'' N
                                         76[deg]12'07.3'' W and running north adjacent
                                            to the shore to point 43[deg]52'12.2'' N
                                          76[deg]11'32.7'' W, continuing northwest to
                                        point 43[deg]53'40.9'' N 76[deg]12'40.6'' W and
                                          running south adjacent to the shore to point
                                         43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending
                                               at the starting position at point
                                             43[deg]51'44.0'' N 76[deg]12'07.3'' W.
                                      --------------------------------------------------
                                               Latitude                Longitude
                                      --------------------------------------------------
                                       43[deg]51'44'' N.......  076[deg]12'07.3'' W,
                                                                 thence to
                                       43[deg]52'12.2'' N.....  076[deg]11'32.7'' W,
                                                                 thence to
                                       43[deg]53'40.9'' N.....  076[deg]14'08.3'' W,
                                                                 thence
                                      --------------------------------------------------
                                       along the shoreline to end at the starting
                                        position.
----------------------------------------------------------------------------------------------------------------
                                           Sector Sault Ste. Marie, MI
----------------------------------------------------------------------------------------------------------------
(1) Bridgefest Regatta...............    Keweenaw Waterway, from the Houghton Hancock    2nd weekend of June.
Sponsor: Bridgefest Committee........    Lift Bridge to 1000 yards west of the bridge,
                                                       near Houghton, MI.
(2) Duluth Fourth Fest Fireworks.....  That portion of the Duluth Harbor Basin Northern  4th of July weekend.
Sponsor: Office of the Mayor, Duluth,   Section bounded on the south by a line drawn on
 MN.                                      a bearing of 087[deg] true from the Cargill
                                        Pier through Duluth Basin Lighted Buoy #5 (LLNR
                                          15905) to the opposite shore on the north by
                                           the Duluth Aerial Bridge. That portion of
                                        Duluth Harbor Basin Northern Section within 600
                                               yards of position 46[deg]46'47'' N
                                                       092[deg]06'10'' W.
(3) July 4th Fireworks...............  That portion of the St. Mary's River, Sault Ste.  4th of July weekend.
Sponsor: City of Sault Ste Marie, MI.     Marie, MI within a 1000 foot radius of Brady
                                         Park, located on the south shore of the river.
                                         These waters are enclosed by the Locks to the
                                        west and to the east from a line drawn from the
                                         pier light of the east center pier to the U.S.
                                               Coast Guard Base to the southeast.
----------------------------------------------------------------------------------------------------------------
\1\ All coordinates listed in this table 1 reference North American Datum of 1983 (NAD 1983).
\2\ As noted in the introductory text of this section, the enforcement dates and times for each of the listed
  events in this table are subject to change. In the event of a change, or for enforcement periods listed that
  do not allow a specific date or dates to be determined, the Captain of the Port will provide notice to the
  public by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice
  to Mariner.

    Dated: July 19, 2023.
Sean M. Murray,
Commander, U.S. Coast Guard, Alternate Captain of the Port Buffalo.
[FR Doc. 2023-15797 Filed 7-25-23; 8:45 am]
BILLING CODE 9110-04-P