[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Notices]
[Pages 20280-20282]
[FR Doc No: 2015-08543]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74688; File No. SR-ICC-2015-006]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change To Provide for the Clearance of an
Additional Standard Emerging Market Sovereign Single Name

April 9, 2015.
    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 March 27, 2015, ICE Clear Credit LLC (``ICC'') 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 prepared primarily by ICC. 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 purpose of the proposed rule change is to adopt rules that will
provide the basis for ICC to clear an additional credit default swap
contract. Specifically, ICC is proposing to amend Subchapter 26D of its
rules to provide for the clearance of an additional Standard Emerging
Market Sovereign CDS contract (``SES Contract''), namely Ukraine.
    ICC has been approved to clear twelve SES Contracts: The Federative
Republic of Brazil, the United Mexican States, the Bolivarian Republic
of Venezuela, the Argentine Republic, the Republic of Turkey, the
Russian Federation, the Republic of Hungary, the Republic of South
Africa, the Republic of Chile, the Republic of Peru, the Republic of
Colombia, and the Republic of Poland.\3\

The proposed changes to the ICC Rules would provide for the clearance
of an additional SES Contract, specifically Ukraine.
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    \3\ See Securities Exchange Act Release No. 34-65588 (Oct. 18,
2011), 76 FR 65763 (Oct. 24, 2011) (File No. SR-ICC-2011-01) (order
approving rule change to clear SES Contracts referencing the
Federative Republic of Brazil, the United Mexican States, the
Bolivian Republic of Venezuela, and the Argentine Republic);
Securities Exchange Act Release No. 34-70849 (Nov. 12, 2013), 78 FR
69167 (Nov. 18, 2013) (File No. SR-ICC-2013-07) (order approving
rule change to clear SES Contracts referencing the Republic of
Turkey and the Russian Federation); Securities Exchange Act Release
No. 34-73220 (Sep. 25, 2014), 79 FR 59340 (Oct. 1, 2014) (File No.
SR-ICC-2014-13) (order approving rule change to clear SES Contracts
referencing the Republic of Hungary and the Republic of South
Africa); and Securities Exchange Act Release No. 34-74593 (Mar. 26,
2015), 80 FR 17538 (Apr. 1, 2015) (order approving rule change to
clear SES Contracts referencing the Republic of Chile, the Republic
of Peru, the Republic of Colombia, and the Republic of Poland).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, ICC 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 these statements may be examined at the places specified in
Item IV below. ICC has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of these statements.

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

    The purpose of the proposed rule change is to adopt rules that will
provide the basis for ICC to clear an additional credit default swap
contract. ICC has been approved to clear twelve SES Contracts: The
Federative Republic of Brazil, the United Mexican States, the
Bolivarian Republic of Venezuela, the Argentine Republic, the Republic
of Turkey, the Russian Federation, the Republic of Hungary, the
Republic of South Africa, the Republic of Chile, the Republic of Peru,
the Republic of Colombia, and the Republic of Poland. ICC proposes
amending Subchapter 26D of its Rules to provide for the clearance of an
additional SES Contract, specifically Ukraine. This additional SES
Contract will be offered on the 2014 ISDA Credit Derivatives
Definitions. The addition of the additional SES Contract will benefit
the market for emerging market credit default swaps by providing market
participants the benefits of clearing, including reduction in
counterparty risk and safeguarding of margin assets pursuant to
clearing house rules. Clearing of the additional SES Contract will not
require any changes to ICC's Risk Management Framework or other
policies and procedures constituting rules within the meaning of the
Act.
    The additional SES Contract has terms consistent with the other SES
Contracts approved for clearing at ICC and governed by Subchapter 26D
of the ICC rules, namely the Federative Republic of Brazil, the United
Mexican States, the Bolivarian Republic of Venezuela, the Argentine
Republic, the Republic of Turkey, the Russian Federation, the Republic
of Hungary, the Republic of South Africa, the Republic of Chile, the
Republic of Peru, the Republic of Colombia, and the Republic of Poland.
Minor revisions to Subchapter 26D (Standard Emerging Market Sovereign
(``SES'') Single Name) are made to provide for clearing the additional
SES Contract and are described as follows.
    Rule 26D-102 is modified to include Ukraine in the list of specific
Eligible SES Reference Entities to be cleared by ICC.
    Section 17A(b)(3)(F) of the Act \4\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions and,
to the extent applicable, derivative agreements, contracts, and
transactions. The clearance of the additional SES Contract will allow
market participants an increased ability to manage risk. ICC believes
that acceptance of this new contract, on the terms and conditions set
out in the ICC Rules, is consistent with the prompt and accurate
clearance of and settlement of securities transactions and derivative
agreements, contracts and transactions cleared by ICC, the safeguarding
of securities and funds in the custody or control of ICC, and the
protection of investors and the public interest, within the meaning of
Section 17A(b)(3)(F) of the Act.\5\
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    \4\ 15 U.S.C. 78q-1(b)(3)(F).
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
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    Clearing of the additional SES Contract will also satisfy the
requirements of Rule 17Ad-22.\6\ In particular, in terms of financial
resources, ICC will apply its existing margin methodology to the
additional SES Contract. ICC believes that this model will provide
sufficient margin to cover its credit exposure to its clearing members
from clearing this contract, consistent with the requirements of Rule
17Ad-22(b)(2).\7\ In addition, ICC believes its Guaranty Fund, under
its existing methodology, will, together with the required margin,
provide sufficient financial resources to support the clearing of the
new contract consistent with the requirements of Rule 17Ad-22(b)(3).\8\
ICC also believes that its existing operational and managerial
resources will be sufficient for clearing of the additional SES
Contract, consistent with the requirements of Rule 17Ad-22(d)(4),\9\ as
the new contract is similar from an operational perspective to existing
SES Contracts. Similarly, ICC will use its existing settlement
procedures and account structures for the new contract, consistent with
the requirements of Rule 17Ad-22(d)(5), (12) and (15) \10\ as to the
finality and accuracy of its daily settlement process and avoidance of
the risk to ICC of settlement failures. Finally, ICC will apply its
existing default management policies and procedures for the new
contract. ICC believes that these procedures allow for it to take
timely action to contain losses and liquidity pressures and to continue
meeting its obligations in the event of clearing member insolvencies or
defaults in respect of the additional SES Contract, in accordance with
Rule 17Ad-22(d)(11).\11\
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    \6\ 17 CFR 240.17Ad-22.
    \7\ 17 CFR 240.17Ad-22(b)(2).
    \8\ 17 CFR 240.17Ad-22(b)(3).
    \9\ 17 CFR 240.17Ad-22(d)(4).
    \10\ 17 CFR 240.17Ad-22(d)(5), (12) and (15).
    \11\ 17 CFR 240.17Ad-22(d)(11).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The additional SES Contract will be available to all ICC
Participants for clearing. The clearing of the additional SES Contract
by ICC does not preclude the offering of the additional SES Contract
for clearing by other market participants. Accordingly, ICC does not
believe that clearance of the additional SES Contract 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

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICC-2015-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2015-006. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available
for inspection and copying at the principal office of ICE Clear Credit
and on ICE Clear Credit's Web site at https://www.theice.com/clear-credit/regulation.
    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-ICC-2015-006
and should be submitted on or before May 6, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-08543 Filed 4-14-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Pages 18322-18323]
[FR Doc No: 2023-06390]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-0853]

Yogurt Products Deviating From Standard of Identity; Temporary
Permit for Market Testing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that we have issued a temporary permit to Chobani, LLC (the applicant)
to market test lower fat yogurt products deviating from the general
definition and standard of identity for yogurt with modified milkfat
and fat-containing flavoring ingredients, and yogurt deviating from the
yogurt standard of identity by using ultrafiltered nonfat milk as a
basic dairy ingredient. The temporary permit will allow the applicant
to evaluate commercial viability of the products and to collect data on
consumer acceptance of the products.

DATES: This temporary permit is effective for 15 months, beginning on
the date the applicant introduces or causes introduction of the test
products into interstate commerce, but not later than June 26, 2023.

FOR FURTHER INFORMATION CONTACT: Marjan Morravej, Center for Food
Safety and Applied Nutrition (HFS-820), Food and Drug Administration,
5001 Campus Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are giving notice that we have issued a
temporary permit to Chobani, LLC. We are issuing the temporary permit
in accordance with 21 CFR 130.17, which addresses temporary permits for
interstate shipments of experimental packs of food varying from the
requirements of definitions and standards of identity issued under
section 401 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341).
    The temporary permit covers interstate market testing of the yogurt
products. The test products deviate from the basic dairy ingredient
provision of the yogurt standard of identity (21 CFR

131.200(b)). This temporary permit would allow the applicant to
manufacture yogurts using ultrafiltered nonfat milk as a basic dairy
ingredient through the addition of water and non-nutritive sweeteners.
Consumers can distinguish this deviation in manufacturing from yogurts
meeting the standard of identity for yogurt using the list of
ingredients, wherein the ``ultrafiltered nonfat milk'' ingredient would
be declared as such according to its common or usual name followed by a
means to indicate to the consumer that the ingredient is not found in
regular yogurt consistent with 21 CFR 130.10(g)(2).
    The purpose of the temporary permit is to allow the applicant to
market test the products throughout the United States. The temporary
permit will allow the applicant to evaluate commercial viability of the
products and to collect data on consumer acceptance of the products.
    This temporary permit provides the temporary marketing of a maximum
of 150,000,000 pounds (68,038,855.5 kilograms) of the test products.
Chobani, LLC will manufacture the test products at its facilities
located at 3450 Kimberly Rd. East, Twin Falls, ID 83301 and 669 County
Rd. 25, New Berlin, NY 13411. Chobani, LLC will produce, market test,
and distribute the test products throughout the United States.
    Each ingredient used in the food must be declared on the labels as
required by the applicable sections of 21 CFR part 101. This temporary
permit is effective for 15 months, beginning on the date the applicant
introduces or causes the introduction of the test products into
interstate commerce, but not later than June 26, 2023.

    Dated: March 23, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-06390 Filed 3-27-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Rules and Regulations]
[Pages 52457-52458]
[FR Doc No: 2013-20443]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 365

Transfers of Operating Authority Registration

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Interpretation.

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SUMMARY: FMCSA provides notice concerning the Agency's new process and
legal interpretation for recording transfers of operating authority
registration by non-exempt for-hire motor carriers, property brokers
and freight forwarders.

DATES: The process and interpretation are effective October 22, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of
Registration and Safety Information, U.S. Department of Transportation,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001. Telephone<PHONE_NUMBER> or
<EMAIL_ADDRESS>Office hours are from 8:00 a.m. to 4:30 p.m.,
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    As part of an ongoing assessment of Agency processes and its
retrospective review of regulations, see E.O. 13563, 76 FR 3221 (Jan.
21, 2011); 5 U.S.C. 610, FMCSA reexamined its legal authority for
continued enforcement of 49 CFR part 365, subpart D, ``Transfer of
Operating Rights under 49 U.S.C. 10926.'' As discussed in the
Supplemental Notice of Proposed Rulemaking for the Unified Registration
System (URS), 76 FR 66506, 66511 (October 26, 2011), and in the URS
Final Rule, published elsewhere in today's Federal Register, Congress
repealed former 49 U.S.C. 10926 as part of the ICC Termination Act of
1995, Public Law 104-88, 109 Stat. 803 (Dec. 29, 1995) (ICCTA), and
with it the express authority previously granted to FMCSA's predecessor
agency (in this case, the former Interstate Commerce Commission (ICC))
to review and approve transfers of operating authority.
    However, Congress did not prohibit the practice--long recognized
under the ICC regulation--of transferring operating authority rights,
nor did it rescind subpart D or otherwise prohibit the Agency from
continuing to review and approve such transfers. The ICCTA and its
legislative history were silent regarding the continued effect of the
regulatory provisions then in place for transfers of operating rights,
and the provisions have remained substantially unchanged since 1996, in
49 CFR part 365, subpart D. Moreover, the Agency continues to have a
duty under 49 U.S.C. 13902 to register motor carriers that are fit,
willing, and able to comply with applicable statutory and regulatory
requirements. And transfer approvals historically have been a
reasonable and effective part of that program.
    As a result of the highly specific and more limited nature of
operating authority, which historically was defined by such factors as
restricted commodity and territorial scope, specified regular route
designations for passenger carriers, and types of service such as
contract and common carrier operations, the regulated community came to
treat operating authority as an asset of commercial value. Essentially
operating authority was recognized as a property right that could be
bought and sold, and thus transferred among disparate controlling
interests, without disrupting the continuity of regulatory oversight or
even warranting a change in registration number to reflect an ownership
change. Indeed, when FMCSA's predecessor Agency, the Federal Highway
Administration, proposed removing the 49 CFR part 365, subpart D,
transfer regulations in response to the ICCTA's repeal of 49 U.S.C.
10926 (63 FR 7362, February 13, 1998), a number of industry commenters
objected, noting that transfers were an institutionalized part of the
regulatory environment that minimized registration costs and
contributed to oversight and tracking of the carrier population. See 70
FR 28990, 28995-28996 (May 19, 2005). FMCSA subsequently withdrew the
proposal to remove the transfer regulations in 49 CFR part 365, subpart
D (66 FR 27059, May 16, 2001). But when the Agency again proposed in
the URS rulemaking to eliminate the part 365 transfer approval process
(70 FR 28990, 28996, May 19, 2005), the public comment record again
acknowledged that operating authority transfers were an established
industry practice and

should be permitted to continue when they were part of purchase
transactions involving entire carrier operations, so long as they were
effectively monitored by the Agency. See, e.g., the discussion of
comments submitted by the Transportation Intermediaries Association in
the URS Final Rule, published elsewhere in today's Federal Register.
    It is important to note, however, that the concept of motor carrier
operating authority registration as an asset of commercial value has
lost much of its relevance under today's regulatory structure, where
operating authority is defined by comprehensive service options (e.g.,,
without common and contract carrier service distinctions), unrestricted
routes, and nationwide territorial scope. See, e.g., 49 U.S.C.
13102(14), as amended (no longer reflecting contract and common carrier
operating authority designations in definition of ``motor carrier'');
Elimination of Route Designation Requirement for Motor Carriers
Transporting Passengers Over Regular Routes, 74 FR 2895 (January 16,
2009).
    Taking account of these industry and operating authority realities,
the repeal of the express transfer approval authority of former 49
U.S.C. 10926, and the nature of the Agency's residual authority to
consider transfers, FMCSA is discontinuing the transfer review and
approval process. While the Agency will no longer accept or review
requests to approve transfers of operating authority, we believe it is
in the public interest and a necessary feature of our commercial and
safety oversight roles to record information about the resulting
ownership and control consequences when non-exempt for-hire motor
carriers, brokers, or freight forwarders registered under 49 U.S.C.
chapter 139 merge, transfer, or lease their operating rights.
Accordingly, we have revised the processes for recording operating
authority transfers to ensure that, although formal Agency review and
approval is no longer involved, FMCSA's information systems continue to
reflect complete and accurate information concerning operating
authority registration and enable the Agency to identify parties
responsible for the business operations.
    For the reasons amplified above, effective October 22, 2013, the
Agency will no longer process applications for transfer of operating
authority, issue transfer approvals, or require the $300 fee formerly
associated with such applications. Under the new transfer recordation
process, both transferors and transferees will be asked to provide
basic identifying information concerning their business operations,
ownership, and control, e.g., name, business form, business address,
and name(s) of owner(s) and officers. No application form is required,
and no transfer fee applies. After the information is entered in
FMCSA's information systems, parties to transfer transactions will
receive Agency notification of recordation of the resulting operating
authority ownership.
    Although ICCTA removed the Agency's express authority under former
49 U.S.C. 10926 to approve operating authority transfers, it did not
eliminate the inherent authority to oversee transfers nor prohibit
FMCSA from recording or monitoring the ownership or commercial and
operational safety consequences of the transfer transaction. Indeed,
FMCSA's statutory authority permits it to obtain information from motor
carriers, brokers, and freight forwarders, and from the employees of
such entities, that the Agency deems necessary and relevant to ensure
operational safety and commercial integrity.
    Legal authority for the Agency to record and track transfers of
operating authority in this manner can be found at 49 U.S.C. 13301 and
31133. Under 49 U.S.C. 13301(b), the Agency is delegated broad
authority to obtain information regarding carriers, brokers, and
forwarders necessary to carry out its commercial regulatory
responsibilities, as enumerated in title 49, subtitle IV, part B. In
addition, 49 U.S.C. 31133(a)(8) authorizes the Secretary to prescribe
recordkeeping and reporting requirements for motor carriers and other
entities subject to the Agency's safety oversight.
    Information provided under the transfer recordation process will
ensure that the Agency's information technology systems are up to date
and that the safety history associated with a regulated entity's
operating authority and its corresponding USDOT Number remains
connected with that operating authority, regardless of any changes in
ownership or control.

    Issued on: August 15, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-20443 Filed 8-22-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: June 1, 2009 (Volume 74, Number 103)]
[Rules and Regulations]
[Page 26087-26089]
[DOCID:fr01jn09-5]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0330]
RIN 1625-AA00

Safety Zone; June and July Northwest Harbor Safety Zone;
Northwest Harbor, San Clemente Island, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the Northwest Harbor of San Clemente Island in support of the
Naval Underwater Detonation. This safety zone is necessary to ensure
non-authorized personnel and vessels remain safe by keeping clear of
the hazardous area during the training activity. Persons and vessels
are prohibited from entering into, transiting through, or anchoring
within this safety zone unless authorized by the Captain of the Port
(COTP) or his designated representative.

DATES: This rule is effective from June 1, 2009 through July 31, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0330 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0330
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Kristen Beer, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7262, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory 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 immediate action is necessary to
ensure the safety of commercial and recreational vessels in the
vicinity of any underwater detonation on the dates and times this rule
will be in effect and delay would be contrary to the public interest.
    Under 5 U.S.C. 553(d)(3), for the reason stated above, the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.

Background and Purpose

    The Officer in Charge (OIC) of the Southern California Offshore
Range will be conducting intermittent training involving the detonation
of military grade explosives underwater throughout June and July 2009.
This safety zone is necessary to ensure non-authorized personnel and
vessels remain safe by keeping clear of the hazardous area during the
training activity.

Discussion of Rule

    The Coast Guard is establishing a safety zone that will be enforced
from June 1, 2009 through July 31, 2009. The limits of the safety zone
will be the navigable waters of the Northwest Harbor of San Clemente
Island bounded by the following coordinates: 33[deg]02'06'' N,
118[deg]35'36'' W; 33[deg]02'00'' N, 118[deg]34'36'' W; thence along
San Clemente Island shoreline to 33[deg]02'06'' N, 118[deg]35'36'' W.
This safety zone is necessary to ensure non-authorized personnel and
vessels remain safe by keeping clear of the hazardous area during the
training activities. Persons and vessels are prohibited from entering
into, transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or his designated
representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the size and location of the safety zone. Commercial and
recreational vessels will not be allowed to transit through the
designated safety zone during the specified times while training is
being conducted.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of commercial and recreational
vessels intending to transit or anchor in a portion of the Northwest
Harbor of San Clemente Island from June 1, 2009 through July 31, 2009.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone will apply to the entire width of the harbor,
commercial and recreational vessels will be allowed to pass through the
zone with the permission of the Coast Guard patrol commander. Before
the effective period, the Coast Guard will issue a broadcast notice to
mariners (BNM) alerts.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

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).

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.

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.

Taking of Private Property

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

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-07 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone. An environmental analysis checklist 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.

0
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. 1226, 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 a new temporary section Sec.  165.T11-195 to read as follows:

Sec.  165.T11-195  Safety Zone; June and July Northwest Harbor Safety
Zone; Northwest Harbor, San Clemente Island, CA.

    (a) Location. The limits of the safety zone will include the
navigable waters of the Northwest Harbor of San Clemente Island bounded
by the following coordinates: 33[deg]02'06'' N, 118[deg]35'36'' W;
33[deg]02'00'' N, 118[deg]34'36'' W; thence along the coast of San
Clemente Island to 33[deg]02'06'' N, 118[deg]35'36'' W.
    (b) Enforcement Period. This section will be enforced from June 1,
2009 through July 31, 2009 during naval training exercises. If the
training is concluded prior to the scheduled termination time, the COTP
will cease enforcement of this safety zone and will announce that fact
via Broadcast Notice to Mariners.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Commissioned, Warrant, or
Petty Officers of the Coast Guard, Coast Guard Auxiliary, or local,
state, and federal law enforcement vessels who have been authorized to
act on the behalf of the COTP.
    (2) Non-authorized personnel and vessels, means any civilian boats,
fishermen, divers, and swimmers.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the COTP San
Diego or his designated representative.
    (2) Non-authorized personnel and vessels requesting permission to
transit through the safety zone may request authorization to do so from
the COTP San Diego or his designated representative. They may be
contacted on VHF-FM Channel 16, or at telephone number<PHONE_NUMBER>.
    (3) Naval units involved in the exercise are allowed in confines of
the established safety zone.
    (4) All persons and vessels shall comply with the instructions of
the Coast Guard COTP or his designated representative.
    (5) Upon being hailed by U.S. Coast Guard or other official
personnel by siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed.
    (6) The Coast Guard may be assisted by other federal, state, or
local agencies and the U.S. Navy.

    Dated: May 6, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
 [FR Doc. E9-12600 Filed 5-29-09; 8:45 am]

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