[Federal Register Volume 79, Number 2 (Friday, January 3, 2014)]
[Rules and Regulations]
[Pages 364-367]
[FR Doc No: 2013-30861]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0668; FRL-9902-71-Region 9]

Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District, Mojave Desert Air Quality
Management District, Monterey Bay Unified Air Pollution Control
District, and South Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Antelope Valley Air Quality
Management District (AVAQMD), Mojave Desert Air Quality Management
District (MDAQMD), Monterey Bay Unified Air Pollution Control District
(MBUAPCD), and South Coast Air Quality Management District (SCAQMD)
portion of the California State Implementation Plan (SIP). These
revisions concern volatile organic compound (VOC) emissions from
architectural coatings, liquefied petroleum gas transfer, and ignition
of barbecue charcoal. We are approving three local rules and rescinding
one local rule that regulate these emission sources under the Clean Air
Act (CAA or the Act).

DATES: This rule is effective on March 4, 2014 without further notice,
unless EPA receives adverse comments by February 3, 2014. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0668, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that

you consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving and rescinding with the
dates that they were adopted or rescinded by the local air agencies and
submitted by the California Air Resources Board.

                                                                Table 1--Submitted Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Adopted/
                  Local agency                      Rule No.                    Rule title                    amended        Rescinded       Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
MDAQMD.........................................            1113  Architectural Coatings.................        04/23/12  ..............        02/06/13
MBUAPCD........................................             426  Architectural Coatings.................        08/15/12  ..............        04/22/13
AVAQMD.........................................            1174  Control of Volatile Organic Compound           10/05/90        11/20/12        04/22/13
                                                                  Emissions from the Ignition of
                                                                  Barbecue Charcoal.
SCAQMD.........................................            1177  Liquefied Petroleum Gas Transfer and           06/01/12  ..............        02/06/13
                                                                  Dispensing.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On April 9, 2013, EPA determined that the submittal for MDAQMD Rule
1113 and SCAQMD Rule 1177 met the completeness criteria in 40 CFR Part
51 Appendix V, which must be met before formal EPA review. On June 26,
2013, EPA determined that the submittal for MBUAPCD Rule 426 and AVAQMD
Rule 1174 met the completeness criteria in 40 CFR Part 51 Appendix V,
which must be met before formal EPA review.

B. Are there other versions of these rules?

    There are no previous versions of SCAQMD Rule 1177 in the SIP. We
approved an earlier version of AVAQMD Rule 1174 into the SIP on October
4, 1994 (59 FR 50498). Limited approvals of MDAQMD Rule 1113 and
MBUAPCD Rule 426 were published on January 1, 2004 (69 FR 34) for
inclusion in the SIP. The MDAQMD and MBUAPCD adopted revisions to the
SIP-approved versions on April 23, 2012 and August 15, 2012 and CARB
submitted them to us on February 6, 2013, and April 22, 2013.

C. What is the purpose of the submitted rule revisions?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions. MDAQMD Rule 1113 and
MBUAPCD Rule 426 lower VOC content limits of various architectural
coatings and SCAQMD Rule 117 limits VOC emissions from liquefied
petroleum gas transfer. AVAQMD Rule 1174 controlled VOC emissions from
ignition of barbecue charcoal, but is being rescinded because EPA and
CARB have adopted redundant regulations. EPA's technical support
documents (TSD) have more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each NOX or VOC major source in
ozone nonattainment areas classified as moderate or above (see sections
182(b)(2) and 182(f)), and must not relax existing requirements (see
sections 110(l) and 193). SCAQMD regulates an ozone nonattainment area
classified as extreme for the 8-hour ozone NAAQS (see 40 CFR Part
81.305), so Rule 1177 must fulfill RACT. The MBUAPCD and MDAQMD rules
regulate an area source and are not required to fulfill RACT, though we
have evaluated them for enforceability, stringency, and backsliding.
The rescission of the AVAQMD rule must not relax existing requirements
(see sections 110(l) and 193 of the CAA).
    Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Suggested Control Measure for Architectural Coatings,'' CARB,
October 2007.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The
AVAQMD is requesting rescission of rule 1174 because EPA and CARB have
adopted similar regulations and we believe the rule rescission is
consistent with policy and guidance. The TSDs have more information on
our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agencies modify the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules and rule rescission because we believe
they fulfill all relevant requirements. We do not think anyone will
object to this approval, so we are finalizing it without proposing it
in advance. However, in the Proposed Rules section of this Federal
Register, we are simultaneously proposing approval of the same
submitted rules and rule rescission. If we receive adverse comments by
February 3, 2014, we will publish a timely withdrawal in the Federal
Register to notify the public that the direct final approval will not
take effect and we will address the comments in a subsequent final
action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on March 4, 2014. This will incorporate the three rules into and
remove the one rule from the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 4, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: September 25, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52 APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS.

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(184)(i)(B)(12),
(c)(428)(i)(C) and (D), and (c)(429)(i)(C) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (184) * * *

    (i) * * *
    (B) * * *
    (12) Previously approved on October 4, 1994 in paragraph
(c)(184)(i)(B)(4) of this section and now deleted without replacement,
for the Antelope Valley area only, Antelope Valley Rule 1174,
previously South Coast Rule 1174. South Coast Rule 1174 remains in
effect for the South Coast area.
* * * * *
    (428) * * *
    (i) * * *
    (C) Mojave Desert Air Quality Management District.
    (1) Rule 1113, ``Architectural Coatings,'' amended on April 23,
2012.
    (D) South Coast Air Quality Management District.
    (1) Rule 1177, ``Liquefied Petroleum Gas Transfer and Dispensing,''
adopted on June 1, 2012.
    (429) * * *
    (i) * * *
    (C) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 426, ``Architectural Coatings,'' amended on August 15,
2012.
* * * * *
[FR Doc. 2013-30861 Filed 1-2-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Rules and Regulations]
[Pages 66552-66554]
[FR Doc No: 2022-24086]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0900]
RIN 1625-AA00

Safety Zone; Oswego River, Oswego, NY

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

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 420-foot diameter of a pedestrian bridge and
the surrounding river in Oswego, NY. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by a fireworks display. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port of Buffalo, NY.

DATES: This rule is effective from 5:30 until 7 p.m., November 26th,
2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0900 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG William Kelley, Waterways Management at Sector
Buffalo, 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

    The Coast Guard is issuing this temporary 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 the event sponsor did not submit
notice of the fireworks display to the Coast Guard with sufficient time
remaining before the event to publish an NPRM. Delaying the effective
date of this rule to wait for a comment period to run would be
impracticable and contrary to the public interest by inhibiting the
Coast Guard's ability to protect spectators and vessels from the
hazards associated with this fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30-day notice period to run
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP)
Buffalo has determined that fireworks over the water presents
significant risks to public safety and property. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the fireworks display is taking
place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5:30 through 7 p.m. on
November 26, 2022. The safety zone will cover all navigable waters
within a 420-foot diameter of land launched fireworks over the Oswego
River, in Oswego, NY. The duration of the zone is intended to protect
spectators, vessels, and the marine environment in these navigable
waters during the fireworks display. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP Buffalo 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 Executive Order 12866. 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 safety zone. The safety zone
will encompass a 420-foot diameter of land launched fireworks in the
Oswego River, in Oswego, NY, lasting approximately 2 hours during the
evening when vessel traffic is normally low. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow vessels to seek permission to
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
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
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
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 safety zone lasting approximately 1.5
hours that will prohibit entry within a 420-foot diameter in the Oswego
River, in Oswego, NY. for a fireworks display. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to 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 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T09-0900 to read as follows:

Sec.  165.T09-0900   Safety Zone; Oswego River, NY.

    (a) Location. The following area is a safety zone: All waters of
the Oswego River, from surface to bottom, encompassed by a 420-foot
diameter around 43[deg]27'15.18'' N 76[deg]30'27.89'' W.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port Buffalo (COTP) in the enforcement of
the safety zone.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the COTP Buffalo or a
designated representative.
    (2) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP Buffalo or his designated representative to
obtain permission to do so. The COTP Buffalo or his designated
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP Buffalo, or his
designated representative.
    (d) Enforcement period. The regulated area described in paragraph
(a) of this section is effective from 5:30 through 7 p.m. on November
26, 2022.

    Dated: October 28, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-24086 Filed 11-3-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Notices]
[Page 53368-53369]
[DOCID:fr31au10-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62767; File No. SR-FICC-2010-04]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing of Proposed Rule Change To Provide Clarity With
Respect to the Close Out Netting of the Government Securities Division
in the Event of the Fixed Income Clearing Corporation's Default or
Insolvency

August 26, 2010.
    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 August 12, 2010, the Fixed Income Clearing Corporation (``FICC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared primarily by FICC. 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 provide clarity with
respect to the close out netting of the Government Securities Division
(``GSD'') in the event of FICC's default or insolvency.

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

    In its filing with the Commission, FICC 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. FICC has prepared

summaries, set forth in sections (A), (B), and (C) below, of the most
significant aspects of these statements.\3\
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    \3\ The Commission has modified the text of the summaries
prepared by FICC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    FICC is proposing to add a provision to the rules of GSD to make
explicit the close out netting that would be applied to obligations
between FICC and its members in the event that FICC becomes insolvent
or defaults in its obligations to its members.\4\
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    \4\ The specific language of the proposed provision can be found
at http://www.dtcc.com/downloads/legal/rule_filings/2010/ficc/2010-
04.pdf.
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    FICC has been approached by some of its dealer members that have
requested that FICC add a provision to the rules of GSD to make
explicit the close out netting of obligations between FICC and its
members in the event that FICC becomes insolvent or defaults in its
obligations to its members. Such members have stated that the proposed
rule change will provide clarity in their application of balance sheet
netting to their positions with FICC under U.S. GAAP in accordance with
the criteria specified in the Financial Accounting Standards Board's
Interpretation No. 39, Offsetting of Amounts Related to Certain
Contracts (FIN 39). The members have stated further that the proposed
rule change would allow them to comply with Basel Accord Standards
relating to netting. Specifically, firms are able to calculate their
capital requirements on the basis of their net credit exposure where
they have legally enforceable netting arrangements with their
counterparties, which includes a close out netting provision in the
event of the default of a counterparty (in this case, the division of
FICC acting as a CCP).
    FICC believes the proposed rule change is consistent with the
requirements of Section 17A of the Act \5\ and the rules and
regulations thereunder applicable to FICC because the proposed rule
change would provide FICC members with clarity in the calculation of
their capital requirements with respect to their net credit exposure
where members have legally enforceable netting arrangements with their
counterparties. Moreover, other clearing agencies have similar
provisions in their rules for the same purpose.\6\
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    \5\ 15 U.S.C. 78q-1.
    \6\ The Commission has previously approved a similar provision
for another clearing agency for the same purpose of providing such
clearing agency's members with the needed clarity. Securities
Exchange Act Release No. 34-56069 (July 13, 2007), 72 FR 39869 (July
20, 2007).
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    FICC does not believe that the proposed rule change would impose
any burden on competition.

(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. FICC will notify the Commission of any written
comments received by FICC.

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 e-mail to rule-
<EMAIL_ADDRESS>Please include File Number SR-FICC-2010-04 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-FICC-2010-04. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549-1090, on official business days between the
hours of 10 am and 3 p.m. Copies of such filings will also be available
for inspection and copying at the principal office of FICC and on
FICC's Web site at http://www.dtcc.com/downloads/legal/rule_filings/
2010/ficc/2010-04.pdf. 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-FICC-2010-04 and should be submitted on or before September 21,
2010.
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    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-21678 Filed 8-30-10; 8:45 am]
BILLING CODE 8010-01-P