[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45182-45184]
[FR Doc No: 2019-18482]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86728; File No. SR-ICC-2019-009]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change, Security-
Based Swap Submission, or Advance Notice Relating to ICC's Treasury
Operations Policies and Procedures

August 22, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on
August 8, 2019, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission the proposed rule change, security-
based swap submission, or advance notice as described in Items I, II
and III below, which Items have been prepared by ICC. ICC filed the
proposed rule change pursuant Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(6) thereunder,\4\ such that the proposed rule change was
immediately effective upon filing with the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change, security-based swap submission, or advance notice from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice

    The principal purpose of the proposed rule change is to revise the
ICC Treasury Operations Policies and Procedures (``Treasury Policy'').
These revisions do not require any changes to the ICC Clearing Rules
(``Rules'').

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission, or
Advance Notice

    In its filing with the Commission, ICC included statements
concerning the purpose of and basis for the proposed rule change,
security-based swap submission, or advance notice and discussed any
comments it received on the proposed rule change, security-based swap
submission, or advance notice. 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) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission, or
Advance Notice

(a) Purpose
    ICC proposes to revise its Treasury Policy. Specifically, ICC
proposes minor changes to the Treasury Policy to more generally refer
to a data provider for the purposes of collateral valuation and to
promote uniform investment guidelines that are applicable to Euro-
denominated cash posted by Clearing Participants (``CPs'') for their
margin requirements related to client positions (``customer origin
cash'') and Euro-denominated Guaranty Fund and margin cash posted by
CPs (``house origin cash''). ICC believes that such revisions will
facilitate the prompt and accurate clearance and settlement of
securities transactions and derivative agreements, contracts, and
transactions for which it is responsible. The proposed changes are
described in detail as follows.
    ICC proposes to more generally refer to a data provider for the
purposes of collateral valuation in the `Collateral Valuation' sub-
section. Currently, the Treasury Policy references, by name, a data
provider that ICC uses as a source for collateral valuation
information. ICC proposes to remove references to the specific data
provider and to more generally require ICC to use a reliable data
provider as a source for collateral valuation information. ICC does not
intend that the Treasury Policy list ICC service providers or control
the on-boarding or review of such data provider. Service providers are
subject to contractual arrangements entered into by authorized ICC
officers and, if deemed a critical vendor under the Operational Risk
Management Framework, governed by the Operational Risk Management
Framework that describes their review and approval.\5\
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    \5\ See SR-ICC-2018-003 for more information regarding the
review and approval of critical vendors under the ICC Operational
Risk Management Framework.
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    ICC proposes updates to the Euro investment guidelines appendix,
which is applicable to Euro-denominated customer origin and house
origin cash. The current Euro investment guidelines allow direct
investments in French and German sovereign debt securities having a
final maturity of no greater than 198 days but require that all such
investments with customer origin cash comply with any applicable
conditions and restrictions in Commodity Futures Trading Commission
(``CFTC'') Regulation 1.25,\6\ including any applicable exemptive
orders. As such, direct investments with customer origin cash are
limited to French and German sovereign debt securities having a final
maturity of no greater than 180 days in accordance with the exemptive
order that was issued by the CFTC (the ``Order'').\7\ ICC proposes to
update the Euro investment guidelines to restrict direct investments
with both customer origin and house origin cash to French and German
sovereign debt securities having a final maturity of no greater than
180 days in order to promote uniform Euro investment guidelines that
are applicable to customer origin and house origin cash.
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    \6\ 17 CFR 1.25.
    \7\ 83 FR 35241 (July 25, 2018).
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    ICC has filed the proposed rule change for immediate effectiveness
and proposes that it will be operative on or about, but no sooner than,
September 10, 2019.
(b) Statutory Basis
    Section 17A(b)(3)(F) of the Act \8\ 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; to assure the safeguarding of securities and funds which
are in the custody or control of the clearing agency or for which it is
responsible; and to comply with the provisions of the Act and the rules
and regulations thereunder. ICC believes that the proposed rule change
is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICC, in particular, to Section
17(A)(b)(3)(F),\9\ because ICC believes that the proposed rule change
will promote the prompt

and accurate clearance and settlement of securities transactions,
derivatives agreements, contracts, and transactions, and contribute to
the safeguarding of securities and funds associated with security-based
swap transactions in ICC's custody or control, or for which ICC is
responsible. The proposed changes allow ICC to more generally refer to
a reliable data provider for the purposes of collateral valuation and
to maintain uniformity across the Euro investment guidelines. Removing
reference to a specific data provider ensures that the documentation of
ICC's Treasury Policy remains up-to-date, clear, transparent, and
focused on articulating the policies and procedures used to support
ICC's treasury functions. ICC does not intend that the Treasury Policy
list specific ICC service providers. Additionally, restricting direct
investments with both customer origin and house origin cash to French
and German sovereign debt securities having a final maturity of no
greater than 180 days promotes uniform Euro investment guidelines in
the Treasury Policy and enhances compliance with the CFTC's Order.\10\
The CFTC's Order determined that 180 days or less was an appropriate
final maturity for direct investments in French and German sovereign
debt securities and, as such, ICC proposes that its Treasury Policy
conform with respect to both house origin and customer origin cash.
Thus, the proposed rule change is designed to promote the prompt and
accurate clearance and settlement of securities transactions,
derivatives agreements, contracts, and transactions and to contribute
to the safeguarding of securities and funds associated with security-
based swap transactions in ICC's custody or control, or for which ICC
is responsible within the meaning of Section 17A(b)(3)(F) of the
Act.\11\
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    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ Id.
    \10\ 83 FR 35241 (July 25, 2018).
    \11\ 15 U.S.C. 78q-1(b)(3)(F).
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    In addition, the proposed revisions to the ICC Treasury Policy are
consistent with the relevant requirements of Rule 17Ad-22.\12\ Rule
17Ad-22(b)(3) \13\ requires ICC to establish, implement, maintain and
enforce written policies and procedures reasonably designed to maintain
sufficient financial resources to withstand, at a minimum, a default by
the two CP families to which it has the largest exposures in extreme
but plausible market conditions. The proposed changes promote the
reliable investment of assets in ICC's control with minimal risk,
including by generally requiring ICC to use a reliable data provider
for the purposes of collateral valuation and conforming ICC's Euro
investment guidelines with the CFTC's Order \14\ by limiting direct
investments to French and German sovereign debt securities having a
final maturity of 180 days or less with both house origin and customer
origin cash, thereby ensuring that ICC continues to maintain sufficient
financial resources to withstand, at a minimum, a default by the two CP
families to which it has the largest exposures in extreme but plausible
market conditions, consistent with the requirements of Rule 17Ad-
22(b)(3).\15\
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    \12\ 17 CFR 240.17Ad-22.
    \13\ 17 CFR 240.17Ad-22(b)(3).
    \14\ 83 FR 35241 (July 25, 2018).
    \15\ 17 CFR 240.17Ad-22(b)(3).
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    Rule 17Ad-22(d)(3) \16\ requires ICC to establish, implement,
maintain and enforce written policies and procedures reasonably
designed to hold assets in a manner that minimizes risk of loss or of
delay in its access to them and to invest assets in instruments with
minimal credit, market, and liquidity risks. The CFTC's Order \17\
determined that 180 days or less was an appropriate final maturity for
direct investments in French and German sovereign debt securities and
ICC proposes that its Treasury Policy conform with respect to both
house origin and customer origin cash. Such change does not expand the
universe of permitted investments under the Treasury Policy since the
current Euro investment guidelines already allow direct investments in
French and German sovereign debt securities having a final maturity of
180 days or less. As such, ICC believes that the proposed changes
enhance compliance with the CFTC's Order \18\ by promoting uniform Euro
investment guidelines and limiting direct investments with both
customer origin and house origin cash to French and German sovereign
debt securities having a final maturity of no greater than 180 days,
which will enhance ICC's ability to hold assets in a manner that
minimizes risk of loss or of delay in its access to them and to invest
assets in instruments with minimal credit, market, and liquidity risks.
Such changes are therefore reasonably designed to meet the requirements
of Rule 17Ad-22(d)(3).\19\
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    \16\ 17 CFR 240.17Ad-22(d)(3).
    \17\ 83 FR 35241 (July 25, 2018).
    \18\ Id.
    \19\ 17 CFR 240.17Ad-22(d)(3).
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(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition. The proposed changes to
ICC's Treasury Policy will apply uniformly across all market
participants. Therefore, ICC does not believe the proposed rule change
imposes any burden on competition that is inappropriate in furtherance
of the purposes of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule
Change, Security-Based Swap Submission, or Advance Notice 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, Security-Based
Swap Submission, or Advance Notice and Timing for Commission Action

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act and Rule
19b-4(f)(6) thereunder.
    At any time within 60 days of the filing of the 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.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, security-based swap submission, or advance notice 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-2019-009 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2019-009. 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 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, security-based
swap submission, or advance notice that are filed with the Commission,
and all written communications relating to the proposed rule change,
security-based swap submission, or advance notice 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 such
filings will also be available for inspection and copying at the
principal office of ICE Clear Credit and on ICE Clear Credit's website
at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICC-2019-009 and should be
submitted on or before September 18, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-18482 Filed 8-27-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Page 2283]
[FR Doc No: 2018-00490]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-418, OMB Control No. 3235-0485]

Submission for OMB Review; Comment Request

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

Extension:
    Rule 15c2-1.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule
15c2-1, (17 CFR 240.15c2-1), under the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.).
    Rule 15c2-1 (17 CFR 240.15c2-1) prohibits the commingling under the
same lien of securities of margin customers (a) with other customers
without their written consent and (b) with the broker or dealer. The
rule also prohibits the re-hypothecation of customers' margin
securities for a sum in excess of the customer's aggregate
indebtedness. Pursuant to Rule 15c2-1, respondents must collect
information necessary to prevent the re-hypothecation of customer
securities in contravention of the rule, issue and retain copies of
notices of hypothecation of customer securities in accordance with the
rule, and collect written consents from customers in accordance with
the rule. The information is necessary to ensure compliance with the
rule and to advise customers of the rule's protections.
    There are approximately 79 respondents (i.e., broker-dealers that
conducted business with the public, filed Part II or Part IICSE of the
FOCUS Report, did not claim an exemption from the Rule 15c3-3 reserve
formula computation, and reported that they had a bank loan during at
least one quarter of the current year) that require an aggregate total
of 1,778 hours to comply with the rule. Each of these approximately 79
registered broker-dealers makes an estimated 45 annual responses. Each
response takes approximately 0.5 hours to complete. Thus, the total
compliance burden per year is 1,778 burden hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to:
[email protected]; and (ii) Pamela Dyson, Acting Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE, Washington, DC 20549, or by sending an
email to: [email protected]. Comments must be submitted to OMB within
30 days of this notice.

    Dated: January 9, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-00490 Filed 1-12-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Rules and Regulations]
[Pages 21935-21936]
[FR Doc No: 2021-06090]

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DEPARTMENT OF ENERGY

FEDERAL ENERGY REGULATORY COMMISSION

18 CFR Part 35

[Docket No. RM16-17-000; Order No. 860]

Data Collection for Analytics and Surveillance and Market-Based
Rate Purposes

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule; delay of compliance.

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SUMMARY: The Commission delays the compliance date for the requirements
of its final rule, ``Data Collection for Analytics and Surveillance and
Market-Based Rate Purposes'' (Order No. 860) until July 1, 2021.

DATES: The compliance date for the final rule published on July 26,
2019, at 84 FR 36390 (Order No. 860), is delayed to July 1, 2021.

FOR FURTHER INFORMATION CONTACT:
Ryan Stertz (Technical Information), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Regine Baus (Legal Information), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    1. In this Final Rule, the Commission delays the compliance date
for the requirements of Order No. 860 until July 1, 2021.

I. Background

    1. On July 18, 2019, the Commission issued Order No. 860,\1\ which
revised certain aspects of the substance and format of information
submitted for market-based rate purposes by Sellers.\2\ Specifically,
the Commission adopted the approach to data collection proposed in the
Notice of Proposed Rulemaking issued in July 2016, i.e., to collect
market-based rate information in a relational database.\3\ The current
effective date of Order No. 860 was October 1, 2020.\4\
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    \1\ Data Collection for Analytics & Surveillance and Market-
Based Rate Purposes, Order No. 860, 84 FR 36390 (Jul. 26, 2019) 168
FERC ] 61,039 (2019), order on reh'g, Order No. 860-A, 85 FR 13013
(Mar. 6, 2020) 170 FERC ] 61,129 (2020).
    \2\ A Seller is defined as any person that has authorization to
or seeks authorization to engage in sales for resale of electric
energy, capacity or ancillary services at market-based rates under
section 205 of the Federal Power Act (FPA). 18 CFR 35.36(a)(1); 16
U.S.C. 824d.
    \3\ Data Collection for Analytics & Surveillance and Market-
Based Rate Purposes, Notice of Proposed Rulemaking, 81 FR 51726
(Aug. 4, 2016), 156 FERC ] 61,045 (2016).
    \4\ On May 20, 2020, the Commission issued a Notice of Extension
of Time to notify industry that the implementation of Order No. 860
would be delayed by six months.
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    2. On March 18, 2021, the Commission issued a Notice Seeking
Comments (Notice) on a proposal to collect additional data from certain
Sellers through revisions to the data dictionary and XML schema that
accompany the relational database established in Order No. 860 (MBR
Data Dictionary).\5\ Specifically, the Notice proposes to update the
MBR Data Dictionary and add three new attributes to the Entities to
Entities table. This requirement includes submitting into

the relational database the docket number of the section 203(a)(2)
blanket authorization, the identifier(s) of the upstream affiliate(s)
whose securities were acquired pursuant to the section 203(a)(2)
blanket authorization, and the type of identifier(s) reported. The
appropriate Sellers would be required to submit the docket number of
the proceeding in which the Commission granted the section 203(a)(2)
blanket authorization and the proper identifier(s) for the upstream
affiliate(s) whose securities were acquired pursuant to the section
203(a)(2) blanket authorization.
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    \5\ Data Collection for Analytics & Surveillance and Market-
Based Rate Purposes, Proposed revision of collected information;
request for comments, 86 FR 17823 (Apr. 6, 2021), 174 FERC ] 61,214
(2021).
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II. Discussion

    3. The Notice requests that comments on the proposal be filed 60
days after the publication to the Federal Register. A delay in the
compliance date of Order No. 860 is necessary to allow for public
comment on the Commission's proposal in the Notice and for the
Commission to have adequate time to review those comments. Accordingly,
we extend the compliance date for the requirements of Order No. 860 to
July 1, 2021. Other implementation dates in Order No. 860 are
correspondingly extended as shown in the attached Appendix.
    4. Notice and comment on this delay in compliance is unnecessary
because the delay is short, the compliance dates remain aligned with
the dates established in Order No. 860 (as shown in the Appendix), and
there is no change to the policy effectuated by Order No. 860.

III. Information Collection Statement

    5. This final rule delays compliance to Order No. 860 but does not
change any reporting or recordkeeping requirements. Therefore, there is
no change in estimated burden or cost from Order No. 860.

IV. Environmental Analysis

    6. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\6\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\7\ The actions proposed here fall within a categorical
exclusion in the Commission's regulations, i.e., they involve
information gathering, analysis, and dissemination.\8\ Therefore,
environmental analysis is unnecessary and has not been performed.
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    \6\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
] 30,783 (1987) (cross-referenced at 41 FERC ] 61,284).
    \7\ Id.
    \8\ 18 CFR 380.4.
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V. Regulatory Flexibility Act

    7. This final rule delays compliance to Order No. 860 but does not
change any reporting or record keeping requirements. Therefore, there
is no change in the estimated impact on small entities. Accordingly, we
certify that this final rule will not have a significant economic
impact on a substantial number of small entities.

VI. Document Availability

    8. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through FERC's Home Page (http://www.ferc.gov). At this time,
the Commission has suspended access to the Commission's Public
Reference Room due to the President's March 13, 2020 proclamation
declaring a National Emergency concerning the Novel Coronavirus Disease
(COVID-19).
    9. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    10. User assistance is available for eLibrary and the FERC's
website during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
    By the Commission.

    Dated: March 18, 2021.
Kimberly D. Bose,
Secretary.

Appendix

--------------------------------------------------------------------------------------------------------------------------------------------------------
               Activity                              Current order No. 860 schedule                 Revised, three-month delay of compliance schedule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Testing period for the MBR Database...  Through Mar. 31, 2021..................................  Through Jun. 30, 2021.
``Go-live'' date of MBR Database......  Apr. 1, 2021...........................................  Jul. 1, 2021.
Sellers should create needed            Apr. 1, 2021-June 30, 2021.............................  Jul. 1, 2021-Sep. 30, 2021.
 identifiers (FERC Generated IDs and
 Asset IDs) in the MBR Portal and
 prepare their baseline submissions.
Baseline submissions are due..........  By Aug. 2, 2021........................................  By Nov. 2, 2021.
First change in status filings under    By Aug. 31, 2021.......................................  By Nov. 30, 2021.
 new timelines are due.
Second change in status filings under   By Oct. 31, 2021.......................................  By Jan. 31, 2022.
 quarterly reporting requirement are
 due.
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[FR Doc. 2021-06090 Filed 4-23-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Rules and Regulations]
[Pages 27253-27255]
[FR Doc No: 2011-11487]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0216]
RIN 1625-AA00

Safety Zone; Catawba Island Club Fireworks, Catawba Island Club,
Port Clinton, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Captain of the Port Detroit Zone on Lake Erie, Port Clinton, Ohio. This
zone is intended to restrict vessels from portions of Lake Erie for the
Catawba Island Club Memorial Day Fireworks. This temporary safety zone
is necessary to protect spectators and vessels from the hazards
associated with fireworks display.

DATES: This rule is effective from 9:15 p.m. through 9:45 p.m. on May
29, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0216 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0216 in the
``keyword'' box, and then clicking ``search''. They are also available
for inspection or copying at 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 BM1 Tracy Girard, Response Department,
Marine Safety Unit Toledo, Coast Guard; telephone<PHONE_NUMBER>, 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 waiting for a comment period to run
would be impractical and contrary to the public interest in that it
would prevent the Captain of the Port Detroit from performing the
function of keeping the boating public safe from the hazards associated
with a maritime 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. Waiting for a 30 day effective
period to run is impracticable and contrary to the public interest in
that it would prevent the Captain of the Port Detroit from protecting
persons and vessels involved in and observing this event.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a fireworks
display. Such hazards include obstructions to the waterway that may
cause marine casualties and the explosive danger of fireworks and
debris falling into the water that may cause death or serious bodily
harm. Establishing a safety zone to control vessel movement around the
location of the launch platform will help ensure the safety of persons
and property at these events and help minimize the associated risks.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading, and launching of the
Catawba Island Club Memorial Day Fireworks Display. The fireworks
display will occur between 9:15 p.m. and 9:45 p.m., May 29, 2011.
    The safety zone will encompass all U.S. navigable waters of Lake
Erie within a 250-yard radius of the fireworks launch site located at
position 41[deg]34'18.10'' N, 082[deg]51'18.70'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Detroit or designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port, Sector
Detroit or designated on-scene representative. The Captain of the Port,
Sector Detroit or designated on-scene representative may be contacted
via VHF Channel 16.

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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The safety zone around the
bridge project will be relatively small and exist for a relatively
short time. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

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 and operators of vessels intending to
transit or anchor in a portion of the Lake Erie, Catawba Island, Port
Clinton, OH between 9:15 p.m. through 9:45 p.m. on May 29, 2011.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be in effect for thirty minutes. In the event that this
temporary safety zone affects shipping, commercial vessels may request
permission from the Captain of the Port, Sector Detroit to transit
through the safety zone. The Coast Guard will give notice to the public
via a Broadcast Notice to Mariners that the regulation is in effect.

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 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.

Taking of Private Property

    This rule will not affect 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 proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive 023-
01, 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 because it involves the
establishment of a temporary safety zone. This rule involves the
establishment of a safety zone and is therefore categorically excluded
under paragraph 34(g) of the Instruction. 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.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0216 as follows:

Sec.  165.T09-0216  Safety Zone; Catawba Island Club Memorial Day
Fireworks, Catawba Island; Port Clinton, OH.

    (a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of Lake Erie, Catawba Island, Port Clinton, OH
within a 250-yard radius of the fireworks launch site located at
position 41[deg]34'18.10'' N, 082[deg]51'18.70'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
    (b) Effective and enforcement period. This regulation is effective
and will be enforced from 9:15 p.m. through 9:45 p.m. on May 29, 2011.
The Captain of the Port, Sector Detroit, or his on-scene representative
may suspend enforcement of the safety zone at any time.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Detroit, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Detroit or his
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sector Detroit is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the Captain of the Port, Sector
Detroit to act on his behalf. The on-scene representative of the
Captain of the Port, Sector Detroit will be aboard either a Coast Guard
or Coast Guard Auxiliary vessel. The Captain of the Port, Sector
Detroit or his designated on-scene representative may be contacted via
VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Detroit or his on-
scene representative to obtain permission to do so.
    Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port, Sector Detroit or his on-scene representative.

    Dated: April 26, 2011.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2011-11487 Filed 5-10-11; 8:45 am]
BILLING CODE 9110-04-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 30, 2006

   NOTICE OF ACTION TAKEN -- DOCKET OST-2006-23759

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of JETBLUE AIRWAYS CORPORATION (JETBLUE) filed 1/26/06 for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between New York, New York and Bermuda, and to integrate this authority
with its existing authorities.  JetBlue proposes to introduce this
service in May 2006.

Applicant rep: Jonathan B. Hill<PHONE_NUMBER>     DOT Analyst: Thuy
H. Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: January 30, 2006, through
January 30, 2008.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and  the United Kingdom.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX Holder’s certificates of public convenience and necessity

   	XX Standard exemption conditions (attached)

Conditions: The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority granted should be construed as
conferring upon JetBlue rights (including fifth-freedom intermediate
and/or beyond rights) to serve markets where U.S. carrier entry is
limited unless JetBlue notifies the Department of its intent to serve
such a market and unless and until the Department has completed any
necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights); (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in JetBlue’s authority by virtue of the route integration
exemption granted here, but that are not then being used by JetBlue, the
holding of such authority by route integration will not be considered as
providing any preference for JetBlue in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue.

Remarks: We acted on this application without awaiting expiration of the
15-day answer period with the consent of all parties served with the
application.

________________________________________________________________________
______

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										  05/2004

 JetBlue's application here for Bermuda exemption authority also
references two pending JetBlue applications in other dockets for Bermuda
certificate authority.  See Dockets OST-2005-22228 and OST-2004-17264.
We will handle its Bermuda certificate requests separately.


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 3, 2007

   		NOTICE OF ACTION TAKEN -- DOCKET OST-2005-21973

________________________________________________________________________
_____________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of SPIRIT AIRLINES, INC. (SPIRIT) filed 6/8/07 for:

XX Renewal of exemption for two years under 49 U.S.C. 40109 to provide
the following service:

Scheduled foreign air transportation of persons, property, and mail
between any points in the United States and a point or points in the
Turks and Caicos Islands.

Applicant rep: David M. Kirstein<PHONE_NUMBER>     DOT Analyst: Thuy
H. Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: October 3, 2007, through
October 3, 2009.

Action taken by: Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the U.S. and U.K. Air
Services Agreement of 1977, as amended.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated: XX Holder’s
certificates of public convenience and necessity

	   XX Standard exemption conditions (attached)

________________________________________________________________________
_____________

Remarks: The authority for which Spirit requested renewal expired August
22, 2007, but has been kept in force pursuant to the provisions of the
Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14 CFR
Part 377, pending action on its timely-filed renewal application.

________________________________________________________________________
_____________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; (2) grant of the
exemption authority was consistent with the public interest; and (3)
grant of the authority would not constitute a major regulatory action
under the Energy Policy and Conservation Act of 1975.  To the extent not
granted, we denied all requests in the referenced Docket.  We may amend,
modify, or revoke the authority granted in this Notice at any time
without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov

APPENDIX

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration, the Transportation Security Administration, and with all
applicable U.S. Government requirements concerning security, including,
but not limited to, 49 CFR Part 1544.  To assure compliance with all
applicable U.S. Government requirements concerning security, the holder
shall, before commencing any new service (including charter flights) to
or from a foreign airport, contact its International Principal Security
Inspector (IPSI) to advise the IPSI of its plans and to find out whether
the Transportation Security Administration has determined that security
is adequate to allow such airport(s) to be served;

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

			11/2006

 Spirit states that it currently serves the Ft.
Lauderdale-Providenciales market.

 PAGE

 PAGE   2

 PAGE

 PAGE   4


[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Proposed Rules]
[Pages 5592-5593]
[FR Doc No: 2018-02503]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0338]

Regulated Navigation Areas; Harbor Entrances Along the Coast of
Northern California

AGENCY: Coast Guard, DHS.

ACTION: Request for comments.

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

SUMMARY: The Coast Guard requests public comments on the potential
establishment of Regulated Navigation Areas (RNAs) at the harbor
entrance bars to Crescent Harbor, Humboldt Bay, Noyo River, and Morro
Bay. In order to mitigate potential hazards and provide transparent
communication with all mariners during hazardous weather conditions,
this proposed RNA regulation would provide predictable protocols to
mariners for potential restriction to traffic and conditions that
prohibit vessels from entering a specified area surrounding each bar
during hazardous weather conditions unless authorized by Commander,
District Eleven or a designated representative. We seek your comments
on what you believe to be the potential benefit or possible negative
impact if we were to establish RNAs at these harbor entrances. We
welcome all suggestions, ideas, and solutions for maintaining mariner
and vessel safety during adverse weather and sea conditions at these
harbor entrances.

DATES: Your comments and related material must reach the Coast Guard on
or before March 12, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0338 using the Federal portal at http://www.regulations.gov. See
the ``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of inquiry, call or email Lieutenant Colleen Ryan, Coast Guard
District Eleven, Waterways Management; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
RNA Regulated Navigation Area
U.S.C. United States Code
Sec.  Section Symbol

II. Background and Purpose

    Since 1998 COTP San Francisco and COTP Los Angeles/Long Beach (LA/
LB) have issued various navigation safety advisories and created
numerous emergency safety zones to mitigate risk to mariners and their
vessels transiting the Crescent Harbor, Humboldt Bay, Noyo River, and
Morro Bay harbor entrances during hazardous bar conditions. These
emergency safety zones promulgated policies and procedures for closing
the bar to vessel traffic, while also providing parameters and
procedures for waiver requests. The use and application of emergency
safety zones to accomplish the required risk mitigation does not
provide advance notice, consistency, or predictability of Coast Guard
actions to mariners; nor do safety zones allow for the promulgation of
additional safety requirements to mitigate risk of necessary transits
of the harbor bars. The RNAs under consideration would define the
parameters and implementation procedures for restricting access to the
applicable areas during hazardous conditions and define safety
requirements for vessels operating within the RNAs.
    The current protocols for restricting traffic in the vicinity of
the Crescent City, Humboldt Bay, Noyo River, and Morro Bay harbor bar
entrances are insufficient and do not provide consistency and
predictability to the mariner, or allow for the establishment of bar
crossing safety measures. The existing warning promulgation process is
comprised of emergency safety zone implementation which, due to the
emergent nature of heavy weather does not allow for advance notice and
does not adequately ensure the safety of persons and vessels operating
in those areas during heavy weather. Bars along the northern California
coast experience severe wave, sea, and current conditions similar to
the conditions that have contributed to various marine casualties along
the northern Pacific coast. Coast Guard and National Transportation
Safety Board (NTSB) casualty investigations identified a need for
specific regulations to mitigate these risks to ensure the safety of
the mariners and vessels operating in the vicinity of bars (see NTSB,
Safety Recommendation M-05-009 at http://www.ntsb.gov/investigations/AccidentReports/_layouts/ntsb.recsearch/Recommendation.asp:Rec=M-05-009).
    On October 17, 2005, in a written response to the NTSB M-05-009
recommendation, the Coast Guard articulated its intention to develop
written policies for transiting west coast bars and inlets. We consider
access restrictions within a defined RNA to be the best method to
ensure mariner and vessel safety when adverse weather and sea
conditions make crossing the bar at harbor entrances especially
dangerous. In November 2009, the Thirteenth Coast Guard District
published a final rule (74 FR 59098, Nov. 17, 2009) to mitigate bar
transit risks that addressed NTSB recommendations M-05-009 and M-05-
010. The Eleventh Coast Guard District is considering drafting a
proposal for a rule similar to 33 CFR 165.1325 to provide
predictability to local mariners regarding restrictions on navigation
in the vicinity of Crescent City, Humboldt Bay, Noyo River, and Morro
Bay harbor bar entrances based on weather, sea, tide, and river
conditions. Such a regulation would establish predictable sea and
weather conditions that will set a ``Go/No-go'' standard for
restricting recreational, commercial fishing, and passenger vessel
access to the RNA.

III. Information Requested

    Through this request for information, the Coast Guard seeks
comments and information for agency consideration and to inform any
future establishment of RNAs that would create bar closure conditions
as well as regulate vessel bar transits during hazardous bar conditions
for all recreational, commercial fishing, and passenger vessels. The
Coast Guard requests and encourages open discussion and candid feedback
on the possibility of establishing RNAs for Crescent City, Humboldt
Bay, Noyo River, and Morro Bay harbor bar entrances. The following
considerations warrant special attention:
     Weather and sea conditions at the bars that the maritime
community considers a risk to safe navigation for

recreational vessels, passenger vessels, fishing vessels and deep draft
vessel;
     The economic impact of bar closures and restrictions on
the maritime community; and
     Preferred methods of notification for bar restrictions and
closures.

IV. Public Participation and Request for Comments

    We encourage you to submit comments through the Federal portal at
http://www.regulations.gov. If your material cannot be submitted using
http://www.regulations.gov, contact the person in the FOR FURTHER
INFORMATION CONTACT section of this document for alternate
instructions. In your submission, please include the docket number for
this notice of inquiry and provide a reason for each suggestion or
recommendation.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    All public comments will be available in our online docket at
http://www.regulations.gov and can be viewed by following that
website's instructions.
    This document is issued under authority of 33 U.S.C. 1231.

    Dated: February 1, 2018.
James B. Pruett,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. 2018-02503 Filed 2-7-18; 8:45 am]
 BILLING CODE 9110-04-P